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HomeMy WebLinkAboutAGENDA REPORT 2017 0405 CCSA REG ITEM 10I ITEM 10.1. CITY OF MOORPARK,CALIFORNIA City Councii Meting MOORPARK CITY COUNCIL of 41 -g-a0A AGENDA REPORTcTio : • 34-4I0 TO: The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director5 PREPARED BY: Jason La Riva, Landscape/Parks Maintenance Superintenden DATE: March 24, 2017 (CC Meeting of 4/5/17) SUBJECT: Consider Agreement with Taylor Tennis Courts, Inc. and; Resolution Amending the Fiscal Year 2016/17 Budget BACKGROUND & DISCUSSION The multi-purpose court at Arroyo Vista Community.Park (AVCP) is one of the more underutilized features of AVCP. It has only been used for occasional rentals by various organizations over the last several years. However, on October 19, 2016 the City Council approved an agreement with Tri-Valley Roller Hockey League for use of the court, and approved funding for the renovation of the multi-use court. This was in response to the City Council's desire to consider alternatives to better utilize the multi- use court and several City Council objectives related to the use of the facility. The repairs to the facility that were approved by the City Council included resurfacing the court and the installation of two basketball courts. On January 11, 2017, staff published an informal bid request for this work. The base bid included the sport court re-surfacing and the additive/alternative bid included the installation of the two basketball goals, poles, and foundations. Invitations to bid were sent to California Surfacing, Ferandell Tennis Courts, Inc., Taylor Tennis Courts, Inc. (Taylor Tennis), Trueline Construction and Surfacing, McGraw Hill Construction, Construction Bidboard, Inc., and Ventura County Contractors Association. The bid proposal period closed on January 23, 2016. The City received one bid response, results as follows: Contractor Base Bid Additive/Alternate Total Bid Taylor Tennis Courts, Inc. $31,000.00 $26,250.00 $57,250.00 81 Honorable City Council April 5, 2017 Page 2 Staff originally estimated that this project would cost the City approximately $29,500. This was based on estimates that staff obtained from Taylor Tennis. However, during the bid process, Taylor Tennis stated that the estimate they originally provided did not include prevailing wage rates and that the existing condition of the court was far worse than they had anticipated. Prior to the installation of the top surface coat, the existing concrete surfacing will require extensive repairs, such as "hydroblasting" to remove all existing surface material, and substantial repairs to cracks and deviations in the concrete surface. Additionally, to provide the necessary buffer zone between the walls .(boards) and the end of the proposed basketball courts, the basketball goals will need to be custom fabricated to cantilever a minimum of 10'. This will require larger, more robust concrete foundations that can properly support the weight of the extended goals and hardware. In an effort to obtain competitive bids, staff reissued the informal bid, but did not receive any additional bids for this work. Staff contacted most of the major contractors in Southern California that specialize in this type of work and was informed that they were currently too busy and were not interested in bidding this project. FISCAL IMPACT The total cost for this project is $65,838.00 which includes a fifteen percent (15%) contingency of $8,588.00. On October 19, 2016 City Council adopted Resolution No. 2016-3547, which initially approved a budget appropriation of $29,500.00 from the General Fund (1000) to Arroyo Vista Community Park Property Maintenance account (2390-541-R0030-53000). Staff recommends moving the initial appropriation of $29,500.00 from Arroyo Vista Community Park Property Maintenance account (1000- 541-R0030-53000) to Arroyo Vista Community Park Multi-Use Court Renovation account (1000-541-M0034-53000) to properly separate one-time renovation cost from . the annual maintenance expenses of the park. Staff requests an additional budget appropriation of $36,338.00 from the Community Wide Park Development Fund (2010) to complete this work. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Approve moving initial appropriation of $29,500.00 from Arroyo Vista Community Park Property Maintenance account (1000-541-R0030-53000) to Arroyo Vista Community Park Multi-Use Court Renovation account (1000-541-M0034-53000); and 2. Authorize the City Manager to sign the agreement between The City of Moorpark and Taylor Tennis Courts, Inc. for the renovation project, subject to final language approval by the City Manager; and 3. Adopt Resolution No. 2017- 82 Honorable City Council April 5, 2017 Page 3 Attachments: 1. Resolution 2017 - 2. Bid Proposal -Taylor Tennis Courts, Inc. 3. Agreement with Taylor Tennis Courts, Inc. 83 RESOLUTION NO. 201.7- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2016/17 BUDGET ALLOCATING $36,338.00 FROM COMMUNITY WIDE PARK DEVELOPMENT FUND (2010) TO ARROYO VISTA COMMUNITY PARK MULTI-USE COURT RENOVATION ACCOUNT (2010-541-M0034- 53000) FOR THE RENOVATION OF THE MULTI-USE COURT AT ARROYO VISTA COMMUNITY PARK WHEREAS, on June 15, 2016 the City of Moorpark adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY 2016/17); and WHEREAS, on October 19, 2016 City Council adopted Resolution No. 2016- 3547, which appropriated $29,500.00 from the General Fund (1000) to the Arroyo Vista Community Park Property Maintenance account (2390-541-R0030-53000) for the - renovation of the multi-use court at Arroyo Vista Community Park; and WHEREAS, staff recommends transferring the $29,500.00 from Arroyo Vista Community Park Property Maintenance account (1000-541-R0030-53000) to Arroyo Vista Community Park Multi-Use Court Renovation account (1000-541-M0034-53000); and WHEREAS, a staff report has been presented to City Council discussing the need for additional funding to renovate the multi-use court surfacing and install two basketball courts at Arroyo Vista Community Park at a cost of$65,838.00; and WHEREAS, Staff recommends an additional budget appropriation of $36,338.00 from the Community Wide Park Development Fund (2010) to complete this work; and WHEREAS, Exhibit "A" attached hereto and made a part of hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget line item transfer of $29,500.00 from Arroyo Vista Community Park Property Maintenance account (1000-541-R0030-53000) to Arroyo Vista Community Park Multi-Use Court Renovation account (1000-541-M0034-53000) as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. A budget amendment of $36,338.00 from the Community Wide Park Development Fund (2010), as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 84 Resolution No. 2017- Page 2 PASSED AND ADOPTED this 5th day of April, 2017 Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A - Budget Amendment 85 EXHIBIT A BUDGET AMENDMENT FOR COMMUNITY WIDE PARK DEVELOPMENT FUND ARROYO VISTA COMMUNITY PARK MULTI-USE COURT RENOVATION FY 2016/17 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount Community Wide Park Development Fund 2010-000-00000-33990 $ 36,338.00 Total $ 36,338.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-541-R0030-53000 $ 29,500.00 $ (29,500.00) $ - 1000-541-M0034-53000 $ - $ 29,500.00 $ 29,500.00 2010-541-M0034-53000 $ - $ 36,338.00 $ 36,338.00 $ - $ - $ - $ - $ - $ - Total $ 29,500.00 $ 36,338.00 $ 65,838.00 4 Finance Approval: 86 Exhibit C ATTACHMENT 1 BID PROPOSAL TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CITY OF MOORPARK MOORPARK, CALIFORNIA Parks Sport Court Surfacing and Equipment Moorpark, California Bids to Be Received—January 23, 2017 at 11:00 a.m. CONTRACTOR Name /Ay/6Y /G-IN!S 61 c✓75, / A C . I. /asvA/ G40 Lie6f-�1� Street Address City A'1 ec „etrt, State Zip Code 'Z fU4 Telephone Number 7(V) 4732--3 S g 3 Contractor's License No 373` 23 Class C-67/ Expiration Date 5/3/AO/7 The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of Bidder r ry • Title 87 Informal Bid—Parks Sport Court Surfacing and Equipment January 2017 Page 6 BID PROPOSAL (continued) PROPOSED SCHEDULE OF WORK AND PRICES-SCHEDULE A (BASE BID) Item Description Qty Unit Total Arroyo Vista Community Park Arena:Surface coatings for Dual Use In-Line Hockey and 2(two), Regulation Basketball Courts including design layout, concrete surfacing repairs, multi stage coating system, and all striping for respective sports NOTE: All surfacing,coatings, and striping material(s) shall be manufactured by Deco Surfacing Systems and/or California Products Corporation (or equal), including but 1 LS not limited to: • • Plexipave System • Plexipave Court Patch Binder • California Acrylic Resurfacer 920-29 4200 • Street Ice S/13–Acrylic Color for In-Line&Street Hockey TOTAL(numbers) $ 36 p 00.— TOTAL(words)7.- ' J o) /i ' k 4/(�,r 5 Number of working days for completion: 25 Total Lump Sum Base Bid$ 6)6 0- It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. 88 Informal Bid—Parks Sport Court Surfacing and Equipment January 2017 Page 7 BID PROPOSAL (continued) PROPOSED SCHEDULE OF WORK AND PRICES—SCHEDULE B (ADDITIVE I ALTERNATE BID) Arroyo Vista Community Park Arena: Installation of 4 1 (four),Regulation Basketball Goals w/10'Cantilever 4 EA on Powder Coated Posts(sleeved)Installed Outside of Fencing/Boards in Concrete Foundations TOTAL(numbers) $ Z4, $73 TOTAL(words) 14,17 c'et ida„3,46..ea ehgc. 5. Number of working days for completion: 14 16-71 Total Lump Sum AdditivelAlternate Bid$ It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO.INCREASE OR DECREASE THE CONTRACT. NOTE: Additive/Alternate Bid values will not be used to determine successful bidder. Only the Base Bid will be considered for competitive purposes. 89 • Informal Bid—Parks Sport Court Surfacing and Equipment January 2017 Page 8 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED Wit!-!BID Bid Due Date/Time:January 23, 2017 at 11:00 a.m. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled: Parks Sport Court Surfacing and Equipment Bidder accepts all of the terms and conditions of the Contract Documents,including without limitations, those in the Informal Bid Proposal, Project Plans and Specifications. This Bid will remain valid for 90-day period. By signing this bid proposal,the Bidder agrees to enter into a Contract within the time and in the manner as required in the Bid documents. Bidder understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates, endorsements, and Bonds as required by the Contract Documents. Contractor understands that failure to provide the insurance certificates, endorsements and bonds wilt cause Bidder to forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest bidder. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda(receipt of which is hereby acknowledged): Bid Addenda Number: Date: /1249/1 7 Bid Addenda Number: Date: Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: C.C.124,1(fi Iiic. By: (Signatur Authorized Representative) Title: Dated: /// //7 90 Informal Bid– Parks Sport Court Surfacing and Equipment January 2017 Page 9 ti NON-COLLUSION DECLARATION TO BE EXECUTEDBY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the r� of / lo✓ —n�is �� -�,r.� a,.7 � 6w/17• /sic., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person.executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limitedliability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. '. I.declare under penalty of perjury under the laws of the State of California that the foregoing is true a d correA and th_tt this declar tion is executed on 24 f Zd/ 7 [date], at amMa4ity], [state]. lfY /a-oto S (1/u/ /h C. Name of Bidder: Name of Bidder Signature of Bidder: Signatur f Bidder Address of Bidder: Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) • 91 • JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not • the truthfulness, accuracy, or • of document. • State of California County of / / le .•• Subscribed and sworn to (or affirmed) before me on this cv day of -JON Ary 20 by / proved to me on the basis of satisfactory evidence to be the persorygrwho appearedbefore - ANDREA 6 comm.I I • z ligg4g Orange County ires Feb. 2020 Signature (Seal) OPTIONAL INFORMATION INSTRUCTIONS The wording r completed2015 must be in the form • as set 1within this Jurat There are noexceptions. 1 be completed11: 1. follow 1 by usinga jurat stamp containing 1 corred wonling or attachinga separate juratI one with does contain the proper wording. addifion, the notaryrequireoathor affirmationftom the DESCRIPTION OF THE ATTACHED1OsignerIng the truthfulness of the contentsIthedocument. I„ ? document must be signed AFTER the oath or affirmation. previously WV\s' C6 toskoll De mot,Kov-, signed,ft must be re-signed in(=lathe notary public during the jurat process. II document signer(s)personally appeared before the notary public. • State and county information must be the state and county where the description. attached document continued) • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is NumI. of • Document I. • Print the name(s)of the document signer(s) . personally appear the time of notarization. • Signature of the notary public must match the signature on file with the Additional information office of the county clerk. • The notary seal impression musbe clear and photographically reproducible.Impression must not cover text or lines.If seal impression smudges, re-seal if a sufficient area perrnits, otherwise complete a different jurat form. -1. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. .1. Indicate title or type of attached document,number of pages and date. • Securely attach this document to the signed document with a staple. 2015 •.www.NotaryClasses.com800-873-9865 • Informal Bid - Parks Sport Court Surfacing and Equipment January 2017 Page 10 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License, (A or C-32) at the time the bid is submitted to the City, and must have been licensed in California for the last five years. Number of years engaged in providing the work included within the scope of the specifications under the present business name: 38 List and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the.work included within the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 ,, // rr Customer Name: rn Un Contact Individual: C-5 Milo✓ Phone No. 7f'f ga3 - 042 y Address: Contract Amount: -7.5)a on Year: zo/5— Description of work done: / 5 ca..r i cr S+ - Vtel lii c 5 - a �'.riyl r/1 t 5 Goer 1-5 Reference No. 2 Customer Name: 5,et_s -/.n c ( his Contact Individual: f nc.k_g Phone No. Ng- SZ Z-q/5 c Address: Contract Amount: /3, v a a . Year: Zo/3 Description of work ne: rd ll.e.„r ✓i PI &- Reference No. 3 // Customer Name: �c 4u'" I ti.c-4 Contact Individual: ,e c Phone No. 3/U - - 5 c/3Z Address: Contract Amount: 57/o a0 .-- Year: Z O4„,,, n.9f Descriptiowork d e: . /Let s/ -1 , d( 93 Informal Bid—Parks Sport Court Surfacing and Equipment January 2017 Page 11 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF t',)rety c7 -e I am the of 7W-//y Inrfti • -/7 ), /et. the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on /PT 7 at AlGc.N "rt.- , California. (date) (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signatur of Bidder Title / Signature of Bidder Title 94 • . a • Informal Bid —Parks Sport Court Surfacing and Equipment January 2017 Page 12 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees.to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such,chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the , discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: /7/ r 7-7Ais Title: Date: Vf Sit 7 95 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: 1 am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before . commencing the performance of the work of this contract." By /041/ 1( r•e:ort ni ..e.1114/1/-.5 /Pt C. /04-1. 1( Title: Date: V147/ 96 Informal Bid—Parks Sport Court Surfacing and Equipment January 2017 Page 14 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner ("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California,Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Cpde which require every employer to be insured against liability for worker's compensation pi-,to undertake self-insurance in 97 Informal Bid— Parks Sport Court Surfacing and Equipment January 2017 Page 15 • • • accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date ///9// 7 Printed Name Company / /r e� / /et Title r'7 • • • • • 98 • Informal Bid–Parks Sport Court Surfacing and Equipment January 2017 Page 16 BIDDER'S STATEMENT OF SUBCONTRACTORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the total lump sum bid amount. (NOTE:If bidding contractor does not have the appropriate specialty designations as required by these bid documents, than a subcontractor with the appropriate specialty designation must be listed here. Failure to do so may result in the bid being disqualified.) Subcontractor Name: License No: 51-/C. cj 0 014.W (<•—'1 c c Classification: Subcontractor Address: Subcontractor Phone: /yI/ssew� 23052Aim«. P4 ,' 304 v'ej gz692. 9efq / err- 2cfc(c/ Type of Work: _ Percent Work to be done: �ry 8.6u.1% p /t 5 2S- Subcontractor S Subrrc�ontractorr Name: License No: 1/0q'�a 5 Z (c�/( H r /u i t 4--ct Classification: G.-Co" ( 7•'17 Subcontractor Address: Subcontractor Phone: yy5-7 eak. (,t . C/a/Ye-040d g/7 r/ q09 1 G 2 t'- Z(q s Type of Work: Percent Work to / // be done: ,% / s lilac% ✓iH r�-m',1' caaAc7 S�v Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: • Type of Work: Percent Work to be done: (attach more sheets if necessary) Total Percentage 2 _ /-Z -7 Si gnatur of Bidder Date 'Based on tract price 2 May not exceed 50%of contract price.See Greenbook Section 2-3. 99 mirk CaLi, 0 i= CITY OF MOORPARK �9-�iV PARKS,RECREATION&COMMUNITY SERVICES DEPT. 1799 Moorpark Avenue,Moorpark,CA 93021 o Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov A4 reo .3 January 20, 2017 ADDENDUM NO. 1 For Sport Court Surfacing and Equipment NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed therefore. 1. Question: Do you have a specification for the basketball goal? Bid package says a 10' cantilever, I assume 10' is the height and the cantilever is 4'? Is post size (diameter) 5 9/16"? Answer. 10'cantilever refers to the horizontal extension, not height. The extension is required due to footing/base placement outside of arena/rink. Footing shall be installed in turf area adjacent to perimeter"boards". Post size shall be minimum 5 9/16"or size required for load and purpose. } 2. Question: I noticed the court has a lot of bubbles and pop outs. I don't see anything about removal. Is removal part of the job? Answer: Please refer to Bid Proposal introduction (Provide all labor and materials, appliances, tools, equipment, facilities, transportation and services necessary for and incidental to performing all operations and improvements related to sport court design layout, demolition, construction, repair, painting, per approved proposal, incorporated herein as Attachment 1). Additionally, Bid Proposal, Schedule A, (Arroyo Vista Community Park Arena: Surface coatings for Dual Use In-Line Hockey and 2 (two), Regulation Basketball Courts including design layout, concrete surfacing repairs, multi stage coating system, and all striping for respective sports). 3. Question: Will City accept C61/D47 license? • Answer: Yes. According to the Contractors State License Board, D-47-Tennis Court Surfacing is now under C-12 or A license categories. (continued on next page) JANICE S.PARVIN ROSEANN MIKOS,Ph.D. ICPITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAI.j 0 0 Mayor Councilmember Councilmember Councilmember Councilmember { • • Sport Court Surfacing and Equipment—Addendum No. 1 January 20, 2017 Page 2 4. Question: Since this is an "informal" bid, is the bid due-date hard and fast? Do we need to have the bid to you by 11:00 am Monday 1/23? Answer: Yes, bid submissions are due no later than 11:00 a.m. on January 23, 2017. 5. Question: Since 10' extensions are requested for basketball,we need a very large pole with a very large footing. We would need to pump the concrete to the holes...just wondered what is the closest we can get with a concrete truck? Answer: Pumping and/or other means and methods of concrete placement are accessible just east of the sport court/arena. Approximately 100' of travel or hose may be necessary for footings located on the west side of sport court/arena. Questions regarding this addendum may be directed to the A.enc 's Project Representative Jason La Riva, Landscape/Parks Superintendent al lariva y. moo .arkca.•ov MO N PLEASE FAX OR EMAIL A SIGNED COPY OF ADDENDUM TO JASON LA RIVA AT (805) 523-8836 OR JLARIVA@MOORPARKCA.GOV AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: /aiti6Y i4fl.A <✓ (C/-24i1 14 e- _ "2-2--- - Authorized Representative: /� Signature of Authorized Representative: 101 AGREEMENT BETWEEN THE CITY OF MOORPARK AND TAYLOR TENNIS COURTS, INC., FOR PARKS SPORT COURT SURFACING AND EQUIPMENT THIS AGREEMENT, executed as of this day of 201_, between the City of Moorpark, a municipal corporation ("City") and TAYLOR TENNIS COURTS, INC., a California Corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to sport court surfacing and equipment; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on April 5, 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date the date of City Council approval on April 5, 2017 until completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to sport court surfacing and equipment, as set forth in Exhibit C: Contractor's Bid Proposal, dated January 19, 2017, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit D, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers' Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit D. Where said Scope of Services, as set forth in Exhibit C and Exhibit D is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. 102 Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of fifty-seven thousand two hundred fifty dollars ($57,250) as stated in Exhibit C and a 15% contingency in the amount eight thousand five hundred eighty-eight dollars ($8588.00) for a total contract value not to exceed sixty-five thousand eight hundred thirty-eight dollars ($65,838.00) without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without.limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability; experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be David M. Taylor, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT Taylor Tennis Courts, Inc. Page 2 of 18 103 • The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixty-five thousand eight hundred thirty-eight dollars ($65,838.00) which includes a 15% contingency in the amount of eight thousand five hundred eighty-eight dollars and fifty cents ($8588.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Taylor Tennis Courts, Inc. Page 3 of 18 10 4 Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five hundred dollars ($500) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Taylor Tennis Courts, Inc. Page 4 of 18 10 5 Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Taylor Tennis Courts, Inc. Page 5 of 18 10 6 Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws Taylor Tennis Courts, Inc. Page 6 of 18 107 and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, - confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the a City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public Taylor Tennis Courts, Inc. Page 7 of 18 10 8 agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: David M. Taylor 1250 N. La Loma Circle Anaheim, California 92806 - Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW • Taylor Tennis Courts, Inc. Page 8 of 18 10 9 This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION' City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit C and Exhibit D, attached hereto and incorporated herein by this reference as though Taylor Tennis Courts, Inc. Page 9 of 18 110 set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK TAYLOR TENNIS COURTS, INC. Steven Kueny, City Manager David M. Taylor, Secretary Attest: Maureen Benson, City Clerk Taylor Tennis Courts, Inc. Page 10 of 18 111 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the . basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Taylor Tennis Courts, Inc. Page 11 of 18 112 Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees .to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This Taylor Tennis Courts, Inc. Page 12 of 18 113 endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, Taylor Tennis Courts, Inc. Page 13 of 18 114 provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all Taylor Tennis Courts, Inc. Page 14 of 18 115 subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject.of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. Taylor Tennis Courts, Inc. Page 15 of 18 116 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. Taylor Tennis Courts, Inc. Page 16 of 18 117 (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by Taylor Tennis Courts, Inc. Page 17 of 18 118 issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on 'behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) Taylor Tennis Courts, Inc. Page 18 of 18 119 Exhibit D °PQPpK r CITY OF MOORPARK Valt- ��m PARKS,RECREATION&COMMUNITY SERVICES DEPT. 1799 Moorpark Avenue,Moorpark,CA 93021 Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov ggrEO 3J0' January 11, 2017 RE: PARKS SPORT COURT SURFACING AND EQUIPMENT Proposals due by: January 23, 2016 at 11:00 a.m. INFORMAL BID.PROPOSAL Contractor to: Provide all labor and materials, appliances, tools, equipment, facilities, transportation and services necessary. for and incidental to performing all operations and improvements related to sport court design layout, demolition, construction, repair, painting, per approved proposal, incorporated herein as Attachment 1. Location: Arroyo Vista Community Park • 4550 Tierra Rejada Rd. Moorpark, CA 93021 Contractor Responsibilities: **CONTRACTOR MUST BE REGISTERED WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) PURSUANT TO SB 854. PROOF OF REGISTRATION MUST BE PROVIDED OR THE CONTRACTORS BID WILL NOT BE ACCEPTED **THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC SECTION 1776 WILL FORFEIT A $100/DAY/WORKER FINE FOR ALL WORKER'S PAID LESS THAN THE PREVAILING WAGE RATE.** 1. Each bid must be submitted on the Bid Forms provided. All blanks in the Bid Form must be filled in and all prices must be stated in both words and figures. It is the sole responsibility of the bidder to see that the bid is delivered to the proper place and received at the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM Mayor Councilmember Councilmember Councilmember Councihnember 120 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 2 2. Required Licenses: Bidders must hold a valid A or C-32 State of California Contractor's License, and have carried respective valid license for minimum of 5 years. 3. The bidder to whom award is made shall execute a written contract with the City within fourteen (14) calendar days after notice of the award has been sent by mail to the address given in the proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. The bidder warrants that he/she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, City, and Special District laws, ordinances, and regulations. 4. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all City projects, regardless of cost; to divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). The Cityhas created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to meet these diversion requirements. You will be required to submit a Diversion Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be charged. You have two options to meet this requirement. You may use the City's franchised haulers (Waste Management services this area), who can provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the C&D 'materials to the authorized facility. You will need to submit itemized weigh tickets from each facility documenting your C&D recycling and disposal that indicates the weight and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to final payment release for the job and refund of your C&D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-6247 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. 5. Contractor will be required to provide Payment and Performance bond in the amount of 100% of the bid price in the form incorporated herein as Attachment 3. 6. Verify that areas to remain unaltered adjacent to areas of work are completely secured and properly barricaded to ensure separation of such operations with anybody other than who is authorized to be in construction area before beginning such work. Provide barricades and maintenance thereof, in accordance with applicable Federal, State and 121 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 3 local codes and their respective requirements. Install temporary barricades, enclosures and protections before work is started. 7. Contractor's working hours are between the hours of 7:30 a.m. and 3:00 p.m. 8. Perform work exercising proper care to prevent injury to the public, workmen and areas not included in this work scope. Repair or replace existing work scheduled to remain, which is damaged by these operations. 9. Limit noise to a reasonable level as related to specific items of equipment used and their hours of use. This does not preclude use of mechanical equipment, i.e. jack hammers, heavy equipment. 10.Site and surrounding areas shall be left clean and free of any debris or other unsuitable materials. 11.Submit schedule for approval by the City's Representative indicating proposed methods and sequence of operations for work. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work as applicable. 12.It is Contractor's responsibility to comply with all applicable storm water and urban runoff permits, regulations, codes or laws. Contractor will be responsible for implementing a Stormwater Pollution Control Plan (SWPCP) and completing and maintaining all supporting documentation, as detailed in Attachment 5. If there are questions, Contractor may contact the NPDES Coordinator •in the Public Works Department at 805-517-6257. 13.Storage of equipment, supplies and materials shall only be allowed with prior written approval from the City. In the event the City consents to allow Contractor to use designated City property for storage, Contractor agrees to assume full responsibility for loss, theft, damage to its equipment, supplies and any injury that may arise to any person. Contractor also assumes full responsibility for any and all damage to City property as a result of any Contractor owned property stored on City property, whether storage is temporary or permanent. Contractor acknowledges that the Indemnification in the Agreement document applies to such storage. 14.Contractor will provide a competent English-speaking Superintendent to oversee the complete project. The Superintendent shall be present at all times work is being performed. The Superintendent shall have the authority to bind Contractor through Superintendents acts. The Superintendent shall represent the Contractor; 122 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 4 communications given to the Superintendent shall be binding on the Contractor. 15.Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the work site and storage site until final acceptance by the City. 16.Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. 17.If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the City, a written request for an interpretation or a correction thereof. Interpretations or corrections shall be made only by addendum duly issued by the City. A copy of such addendum will be mailed, faxed, or delivered to each person receiving a set of the Contract Documents and such addendum shall be considered a part of, and incorporated in, the Contract Documents. Questions must be received in writing no later than 5:00p.m. January 18, 2017 in order to provide the City sufficient time to evaluate the question and respond. City shall respond no later than 11:00a.m. January 20, 2017. Questions received after the aforementioned deadline will be deemed not received. By submitting this proposal, Contractor agrees to sign the City's standard Agreement and to provide the insurance required by the contract. A copy of the Standard Agreement and Insurance Requirements is attached to this proposal. Contractors are encouraged to review the insurance requirements with their insurance companies to ensure that all terms can be met. Questions regarding this Request for Proposals can be directed to the City's representative: Jason La Riva, Landscape/Parks Superintendent City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 805-517-6283 or jlariva@moorparkca.gov Attachments: 1 — Proposal/Bid Forms (All to be filled out and submitted with Bid) 2 — City Standard Agreement and Insurance Requirements 3 — Form of Payment and Performance Bond 4 —Architectural, Design, Construction Documents for Sport Court Installation(s) 123 ATTACHMENT 1 BID PROPOSAL TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CITY OF MOORPARK MOORPARK, CALIFORNIA Parks Sport Court Surfacing and Equipment Moorpark, California Bids to Be Received—January 23, 2017 at 11:00 a.m. CONTRACTOR Name Street Address City State Zip Code Telephone Number Contractor's License No _ Class Expiration Date The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of Bidder Title 124 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 6 BID PROPOSAL (continued) PROPOSED SCHEDULE OF WORK AND PRICES —SCHEDULE A (BASE BID) Item Description Qty Unit Total Arroyo Vista Community Park Arena: Surface coatings for Dual Use In-Line Hockey and 2(two), Regulation Basketball Courts including design layout, concrete surfacing repairs, multi stage coating system, and all striping for respective sports NOTE: All surfacing, coatings, and striping material(s) shall be manufactured by Deco Surfacing Systems and/or 1 California Products Corporation (or equal), including but 1 LS not limited to: • Plexipave System • Plexipave Court Patch Binder • California Acrylic Resurfacer 920-29 4200 • Street Ice S/I3—Acrylic Color for In-Line&Street Hockey TOTAL(numbers) $ TOTAL(words) Number of working days for completion: 25 Total Lump Sum Base Bid $ It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. 125 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 7 BID PROPOSAL (continued) PROPOSED SCHEDULE OF WORK AND PRICES —SCHEDULE B (ADDITIVE/ALTERNATE BID) Arroyo Vista Community Park Arena: Installation of 4 1 (four), Regulation Basketball Goals w/ 10'Cantilever 4 EA on Powder Coated Posts(sleeved) Installed Outside of Fencing/Boards in Concrete Foundations TOTAL (numbers) $ TOTAL(words) Number of working days for completion: 14 Total Lump Sum Additive/Alternate Bid $ It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. NOTE: Additive/ Alternate Bid values will not be used to determine successful bidder. Only the Base Bid will be considered for competitive purposes. 126 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 8 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Bid Due Date/Time: January 23, 2017 at 11:00 a.m. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled: Parks Sport Court Surfacing and Equipment Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Informal Bid Proposal, Project Plans and Specifications. This Bid will remain valid for 90-day period. By signing this bid proposal, the Bidder agrees to enter into a Contract within the time and in the manner as required in the Bid documents. Bidder understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates, endorsements, and Bonds as required by the Contract Documents. Contractor understands that failure to provide the insurance certificates, endorsements and bonds will cause Bidder to forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest bidder. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda (receipt of which is hereby acknowledged): Bid Addenda Number: Date: Bid Addenda Number: Date: Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: By: (Signature-Authorized Representative) Title: Dated: 127 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 9 NON-COLLUSION DECLARATION TO BE EXECUTEDBY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the of , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Name of Bidder: Name of Bidder Signature of Bidder: Signature of Bidder Address of Bidder: Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) 128 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 10 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License, (A or C-32) at the time the bid is submitted to the City, and must have been licensed in California for the last five years. Number of years engaged in providing the work included within the scope of the specifications under the present business name: List and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the work included within the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Reference No. 2 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Reference No. 3 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: 129 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 11 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF I am the of the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on at , California. (date) (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signature of Bidder Title Signature of Bidder Title 130 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 12 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title: Date: 131 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." By Title: Date: 132 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 14 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner ("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees, In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in 133 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 15 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date Printed Name Company Title 134 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 16 BIDDER'S STATEMENT OF SUBCONTRACTORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the total lump sum bid amount. (NOTE: If bidding contractor does not have the appropriate specialty designations as required by these bid documents, than a subcontractor with the appropriate specialty designation must be listed here. Failure to do so may result in the bid being disqualified.) Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: Subcontractor Name: License No: Classification: _ _ Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: Subcontractor Name: License No: Classification: Subcontractor Address: Subcontractor Phone: Type of Work: Percent Work to be done: (attach more sheets if necessary) Total Percentage 2 Signature(s) of Bidder Date 'Based on contract price 2 May not exceed 50%of contract price. See Greenbook Section 2-3. • 135 ATTACHMENT 2 SAMPLE AGREEMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR THIS AGREEMENT, executed as of this day of , 2017, between the City of Moorpark, a municipal corporation ("City") and , a ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to Parks Sport Court Surfacing and Equipment; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on , 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of City Council approval on , 2017 until completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to Parks Sport Court Surfacing and Equipment, as set forth in Exhibit B: Contractor's Bid Proposal, dated XXXXX, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit C, which is the City's Bid Package, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as "Bid Package". Where said Scope of Services, as set forth in Exhibit B and Exhibit C, is modified by this 136 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 18 Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit C. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total value of XXXXXX dollars ($X)O(XX) as stated in Exhibit B, without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before biddingor performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT 137 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 19 The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be XXXXXX, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit B and Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed XXXXXX dollars ($XXXXX) for the total term of the Agreement unless additional payment is approved as provided in this.Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or 138 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 20 terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the.City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars 139 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 21 ($150.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be _ maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work 140 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 22 hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any 141 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 23 claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR • Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over theconduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times 142 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 24 observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further 143 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 25 covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME 144 Informal Bid — Parks Sport Court Surfacing and Equipment . January 2017 Page 26 Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. • 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS 145 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 27 The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the timesset forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit B and Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER 146 • Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 28 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed:the day and year first above written. CITY OF MOORPARK CONTRACTOR Steven Kueny, City Manager SIGNATORY, TITLE Attest: Maureen Benson, City Clerk 147 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 29 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 148 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 30 Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date prior to 1992. Contractor also agrees to 149 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 31 require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating,to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain 150 Informal Bid— Parks Sport Court Surfacing and Equipment January 2017 Page 32 any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to anyother insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 151 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 33 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years 152 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 34 after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. - 153 ATTACHMENT 3 Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("Public Agency"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: Parks Sport Court Surfacing and Equipment (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one year after the recordation of the Notice of Completion by Principal; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAiI5 4 Mayor Councilmember Councilmember Councilmember Councilmember Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 36 the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing,Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the project is located. • 155 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 37 ATTACHMENT 3 (continued) Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark("Public Agency"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract(the "Contract") for the Work described as follows: Parks Sport Court Surfacing and Equipment (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ _ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void one-year after the recordation of the Notice of Completion by the Princiapl; otherwise, it shall be and remain in full force and effect. 15 6 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 38 ATTACHMENT 3 (continued) The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the project is located. 157 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 39 ATTACHMENT 3 (continued) PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN THE SPACE PROVIDED BELOW SURETY—Contact Information BROKER—Contact Information Attn: Attn: Address: Address: City State Zip City State Zip Phone#: Phone# 158 -D ` = cafv = 0 � .D3 Arroyo Vista Community Park o 00 _. a iON •ll ,- I • IMP11-,44-.7 t M Y •�. j • j .. 'JOf.c"". "- -- 11 77 y y� 11 n 1 CD ti -p� I# 0 :',I. -,v'u;di '.1.'-71 1T� �. ''mow.:• ,es } " f'r' -'r�''.. c M .a..eu++wgMl"_, �. � ,e t 1 4 ,,�.1, ^4. eI,'. ,r ! C +-. fly" ) .fie r... . �S r, ,.1.4...*i ...-,-. ....•. fy ri x rn .„y` 4 -a , .+ rte- +i, �.. ^ ^.r.'...g 1. q.- T j.:. .-' - ..r`.% Y qtr•J 4! •�w� L� may; r_ [ 4 .:ft d. \ l' pec Na 1 «r t 1'T..fn• C ' 1^'7!' ■.--'-i` a- rl.Y..ne. t.!rc -Inut''r.SJj -I k.2lrf.+ctt^-Iu=l' Xe;l,,l_L,--i. era is-r,,. L L • `'.. 1" = 376 ft 4550 Terra 1112812016 F - Rejada Rd. '' ; >V' This!Tai repre3e-I3 a 05.lal dlsola%cT rela:e3 geograpr c nirnatbn.Data prc,lced iereon 13 nc:a guarantee of 3-.tual1eld_c1dtt ons TD ce 3ve.DicDnplete ac:L•acy p11_.1,1_cuulucl lduL'uur ;tuff IA l•le ,i 1_1p-1u—_jail •if_ I'18L1JI1. U1 LO Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 41 ATTACHMENT 4 (continued) Arroyo Vista Community Park Sport Court Exterior View € � u 7 n ! +gym ,. ,_ �ti -4....-....,.....- 160 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 42 ATTACHMENT 4 (continued) Arroyo Vista Community Park Sport Court East Facing View 100,,, . 4 [ [ . [01 ... [>. � i •I t 1i . ,.,401t,,. . r ;i . ; 1. - _ .1.:;,r fr , ..„ . ilL iiii'' ,- - ,t 16I Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 43 ATTACHMENT 4 (continued) Arroyo Vista Community Park Sport Court West Facing View e; / . I w x s i y t • i ., ' SO- t , . . liSC 162 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 44 ATTACHMENT 4 (continued) Arroyo Vista Community Park Sport Court Overall View x t it F 2_ � j. 11' y D , i „ yr" 163 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 45 ATTACHMENT 4 (continued) Basketball Layout (sample) I (3O15N11'ld OS (3O15111O1'139L li A I o 1 iZ I n m�� TT TT S'p •y - 10 Z l y a48z es W I w rl (3O1S.W0) r Im um40 `, N m i. N rn N ? 1 O 0 r $3. m D N O $0„rn mom I rOO_ r .,Z m z m 0 * "gym= R (Olampx3 S3NOZ 1tl81f13N)3OIM 'NI Z 3811VHS S3N1 I TIV a:CV” p n -< O LL. D p Ti r Z / o mN 3 A ^ z 3 v I T A A L ^ 1 p a m rt111 °0 Z omo S1r 5 -c CSN 7+o A N O�Z � o4 r-m1 Z Zel>OC in Or m . 9, 11111414.11%5.\\ — N — z C m / /pw / D z I z I _ C N.O. N L M 111111Ali _T :-1 0 7 ? CO N • m es vZg i I 721N. I ,� o t 16 FL(OUTSIDID zT N 1 0 D 164 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 46 ATTACHMENT 4 (continued) Inline Hockey Layout (sample) t 65'-100' 1,, A (7"es'.... 1 I ___If ...........;,./... / I Goalkeeper's I b I Privileged Area N . .-- - � � 4) Cv N N c `3cnm r '2 m T_ Q L "....%\ 403 I:',' 03 a z., d ca con v T cC m 7D in 'p L T �� N r fl 0 ca n al �_ CC cti in (_ r \\N---...... I IT J, . 165 Informal Bid — Parks Sport Court Surfacing and Equipment January 2017 Page 47 ATTACHMENT 4 (continued) Multi-Use Court Layout (sample) • s� 001111" _ _ _. 411 1- f.)6