HomeMy WebLinkAboutAGENDA REPORT 1995 0419 CC REG ITEM 11GTO:
FROM:
DATE:
SUBJECT:
BACKGROUND
ITEM 1 • •
MOOPPARK, CALIFCnk,'.'A % ' = ' ° ! k
CITY OF MOORPARK CttyCoundMee
AGENDA REPORT
The Honorable City Council
Christine Adams, Director of Community Servic
April 4, 1995 (Meeting of April 19, 1995)
Consider Plans and Specifications for Improvements at
Arroyo Vista Community Park.
The City Council appropriated fur,ci ng to make park improvements to
the Arroyo Vista Community Park, }�aso I' These improvements are
to include two softball witn lights for one, with
fencing, bleachers, dugouts, and it_(- .Ldp+; a rollerhockey rink; a
restroom and concession building; j.tc:* lot, and a picnic shelter
with tables, benches, barbequ,; n iri.nking fountain by the
restr_oom facilit�,7.
Financial Overview
The original budget alloc,tti
n the identified park
improvements wa; for $417,700.
n March 15, 1995, the Council
appropriated ".'2 , iJ0 as a loa;
Sri I lie Central Zone of the Park
Improvement Func: ; ruri 5) to f ;n
1r ba_i ance of the improvements
at Arroyo Vista Community Park, 1(
1 of:l of $642,700. The City
Council directed staff to make r�
i._.ons to the scope of work and
reduce these cc:,sts as much s
-:13 ; ib, e . Since the March 15
meeting, staff has been able
_fy .ost savings and has been
successful in negotiEiting pri. e
-�ri ('t ic�r]s from the vendors and
sub - contractors and have arri,",,
i i & new total of $636,307.
Staff had previously recommendF,c_i
all ernative reductions such
as: 1) eliminatF '�ncrete waD ,
iiamonds and tot lots and
1/2 of concrete work at ball ii �
,)r f�)t a possible savings of
$35,000, 2) redu, -�, spec;i. f i c _t i
I , ,<>ncrete flat work for
sidewalks and g< _ concrrt F
i ,n(,�;h for a possible savings
of $22,789, and 3 _)MLL al! t 1:
w_ r.k ky hall fields, with the
exception of the block walls ai ti
e c -:e- �,oncrete, for a possible
savings of $10,5 7. Staff dete -Ti
' , retain alternative # 3.
00120
Staff has compiled new cost esr.imate, based upon the revised bid
proposals received. This new inforrlation is listed below:
Cost � sr 3
Water Well
$
80, �i0(
Ballfields (2)
$119,G0 C
Ball Lights (1) Installed
$
97,600
Restroom /Concession
$
85,000
Play Equipment
$
66,00(
Hardscape
$
29,80(
Rollerhockey
$
62,00(
Picnic Shelter
$
25,�';�
Tables, Benches, BBQ's,
Inspection / Perrrmi t s
Drinking Fountains; and
Trash. Cans
$
3 5, O i
TOPO/ Survey
$
0i
Soils Test
$
1, 0;
Architect for Restroom S 3,10(_
Sewer /Water /Hydrant
$
65,00(.
Blue Prints
$
1,000
Construction Admin.(Picon)$
15,70)
Sod /Irrigation Removal
for
Ball" .L'- ,_
;forte
account;
Road Oil Treatmer ;t
Fencing
Well Pump Repair
Inspection / Perrrmi t s
TOTAL
71 ; j
2.5% Continjer
Revised Est. 4/4
$ 80, 000
$ 73,777
$ 89,808
$ 85,000 (est)*
$ 62,941
$ 0
$ 60,7736
$ 21,644
$ 31,082
$ " ?00
$ 1,500
$ 3,400
$ 65,000 (est)*
$ 1,500
$ 15,100
Tot Lot, and Picnic Shelter
$ 1,000
$ 5,600
$ 3,500
$ 15,000
$ 3,500
$620,788
$ 15,519
$636,307
* Restroom /Concession and E,d sewer and water extensions
costs are still estimates at th�_s p?)ar.t. Staff will be presenting
final plans, specs and costs t( h- -)un(: as a separate item at
a later date. The restroom building will be bid
separately with advertisement. P� -ins and specifications for
restroom/ concession will be at itY Engineering / Building &
Safety in April for plan check xr Council review.
All permits and inspections wil. , t), ir,, City.
00121
SCOPE OF WORK
(Selected Vendor, where applicab1, is noted in italics. Exhibit
A of report summarizes bids and pr �)osals where appropriate.)
Ballfields
The Scope of Work for two ( . field improvements
includes: installation of backs-ap and foul line fencing, dug
outs with player benches and (Jnci_ng, block wall, planter,
concrete bleacher seating, and Son - vr..lkways and flat work between
the two ballfields.
The Scope of Work for lighting on,- i1) of the two softball fields
includes: all electrical wiring from existing facility to new
electrical panel at proposed restrooin /concession stand, purchase
and installatio °l of sports f e: ghting poles and fixtures.
Fixtures and p:-)les will be p,-111 ,11ased by the City, Electro
Construction Company is recoiuier, fecl r,: be awarded the City's
contract for rhi _, _;reject as tti- r- sponsive bidder.
Fencing - Backstop, (iig diamonds)
Guard Rai 1:;
Pederson Fencing $ 24,980
Concrete - Flat work, s: lew�,'ks steps and
paving
Sport Court $ 35,210
Bleacher Seats, Bloc}: ric wall
Sport Court $ 10,587
Dugout Benches Irlst ailed $ 3,000 est .
TOTAL $ 73,777
Furnish light fixtures, poles and isiiver
Musco Sports Lighting $ 46,900
Install lights and switch gear
Electro Constr-uc� ion Company $ 42,908
TOTAL $ 89,808
i
00122
Picnic Shelter
The City is purchasing a pre - fabricated hexigon picnic shelter,
with a blue metal roof to matcr. t:hE, color and architecture of the
Recreation Centex_-. This picnic she -lter will have room for seating
60 at tables. The vendor wil.' pi -oxide the picnic shelter,
installation, and has included r;;- - nst,�allation of the concrete
slab beneath the picnic shelter ,t his cost. (Tables will be
purchased as equipment along wit r1 ite furnishings, and are
listed on page It Di this report
Polygon Hexigon 36 Shelter
Installed, Metal Roof,
Including 1013 sq . ft . of hex L,. c)r. S- ar
Keith Vint & Associates
Plavcrround Equipment
$ 21,644
The play equipment for Arroyo V �. =.ttt Conuiiunity Park was
reviewed
and selected
by the Parks and PE-- reation
Commission.
The City
will purchase
the play equipm,�rit a;irl i -s
installation
from the
vendor (Game
Time) , and wi_i .c r.t:ract:
separately
for the
installation of the Fibar surf<icing, ul;ed
to meet requirements
of
the Americans
wit }a -Disabilities At-
Older, Children's Play Equipment Ira alled
Game Time $ 25,500
Swing Set Installer
Game Time $ 5,353
Curbing and Ramp
Sport Court 4,625
Fibar Surfacing <tnd Matting Inst .a -�c°
Game Time :; 27,463
TOTAL $ 62,941
Rollerhockey Rink and Related Concrete Work
Staff_ recommends awarding a - crtri_t io Sport Court for the
installation of the rollerhockey r-nk concrete slab, the concrete
bleachers for the softball field aril miscellaneous hard scape
work as determined )y staff l hc,ve. Price below is for
rollerhockey rii.k: only.
Rollerhockey Rink
Court, liner, goals, curbs
Penalty Boxes
Sport Court
$ 60,736
00123
CONCLUSION
Sample contract for installat.._rn (--)f ballfield lighting is
attached. A separate contract w .l be ssued for each element,
changing the appropriate sector scope of work, payment
schedule and attachments.
Copies of plans and details for t'! e OD(D-ve elements are available
at the office of_ the Director Services and at the
City Council des },.
RECOMMENDATION
1. Approve the plans and &I -c 1. f cot ions of the subject
improvements;
2. Authorize the City Manager award contracts to a number of
contractors and suppliers for v,_A , cis elements of th.e work, the
total value of l; contracts c t r ex-eed an aggregate dollar
amount of $485, ) "T, inclusive = continger.cy, consistent
with this repot'
3. Approve tYi "boilerplate" c. :r :t attached hereto for said
work, subject tc fAna1 languag_ by the City Manager and
City Attorney.
Attachments
Sample Contract
EXHIBIT A - Summery of Bids and Es- rrat es
00124
Summary of Bids and Estimates
Arroyo Vista Community Park
Phase II
PRODUCT
Sub Contractor/
Rollerhockey
Picnic Shelter'
Tot Lot
lBallfield Lights /
1 Estimated Items /
--
Supplier ---- - - - - --
Concrete / Fencin
No Bids Yet
Equipment
Player Benches /Installed $3000
Concrete Sport Court 466651 Sewer/Water/Hydrant $65,000
Curbing Sport Court 986 _ _ Restroom/Co_n_cession $85,000
Concrete !Dennco t �-
Curbing Dennco 71551 i I Sewer/Water /Hydrant plans are
rt
Penalty Boxes Sport Court 29571 I currently being processed by
Lines Sport Court 1100 Abbott through Waterworks II. l
Equipment /Installation Keith Vint/Polygon 21644 Building Plans to go to Plan j
Equipment /Installation Game Time, Thousand Oaks 30853 i
Equipment /Installation Game Time, Pleasanton,CA 11 n8n I
Fibar / Mats /Installation ',Game Time, Thousand Oaks 27463
Equipment /Installation Game Time, Pleasanton,CA 27900
Curb / Ramp Sport Court 4625
Curb / Ramp IDennco 4775
Equipment Musco Lighting 469001
Install / Wiring Electro Construction _ 429081
Install / Wiring Building Energy 490001
Backstop Fencing Pederson Fencing 24980
Backstop Fencing_ Quality Fencing 304101
Concrete Seats ;Sport Court 6624
Concrete Seats Dennco 16200,
Block Wall Sport Court _ 3963'
Concrete Flat Work Sport Court 352101
- - - -
Concrete Flat Work Dennco 1 37274 --
Bold Items are Recommended Sub Contractors / Suppliers
EXHIBIT A
vj
tv
Q
AGREEMENT AND CONDITION
(Community Servi('( s Department)
THIS AGREEMENT, made and entered
into this
day
of April,
1995, in the Cotznt,v ct
Ventura,
State of
California,
by and between the ` -i.t� : -)f
Moorpark, a
municipal
corporation
(hereinafter °City °;, Eand,
Electro Construction
pai. -ts
Corporation
(hereinafter "Con,-i;&
loading them, storinc;
item,
WHEREAS, the City Council ,f --he City of Moorpark at a
meeting held on the 19th day f April. 1995 , authorized
the Mayor and City Clerk to erir c,r int, , this Agreement after
public bidding in accordance i }i C:1if..ornia Public Code
Section 20160, et sea.
NOW, THEREFORE, it is her(r,y agreed by and between the
parties that.:
1. Defined Terms
1.1 Terms used in this Agreement. which are defined in
the General Provisions and Special Provisions have the
meaning assigned to them in thE' General Provisions and
Special Provisions of the ',)retract Documents and
Specifications.
2. Scope of Work
2.1 The Contractor shall furnish all of the labor,
materials, tools, equipment, services and transportation
necessary to construct the Ball Diamond Lighting at
Arroyo Vista Community Frc in accordance with the
requirements of the plans, specifications and contract
document,-,. The Scope ✓V r is sh- ll_ include, without
limitation, the following:
The City will purcha�e the
fixtures, poles
and
bulbs, under separate
contract. Contractor
will
verify that the City -:
order
-o the manufacturer is
correct. Contrac:to�
will
be responsible
for
ordering the fixtures,
pai. -ts
ind related parts,
off
loading them, storinc;
item,
installing them
and
maintaining the fixtuii -s
and
poles and the security
for same until acc�eT:-,,
n c c, ,
:= the project by
the
`1, ty
Contractor will f� -.rn: Y a --- labor and materials
necessary to compLet he ristallation of Ball
Diamond Lighting, iii, tiding, without limitation,
any reconfiguration f the existing electrical
facilities or add-ti -i ame. This includes
underground tie in '_c :K� : t irc� pull box on east end
of switch gear, pad. T
Bidder's Initials
00126
It is the intent . --E this contract to provide
complete installation, hook up, balance and start
up of one (1) ball fie_.d lighting system and to put
it into acceptable operation pursuant to code,
plans and specificat_Lons . ?11 elements necessary
are included with the oxcept_-)n of City purchase of
lights, poles and lu _I)) .
Permits and paymer_t �f &--L check and permit
fees are Lncluded j n � i --,onrrract .
When the work under thiti c ritr,�ct. is complete, the above
described work will liav beer approved by public
authority for public as( and c,11 other contractual
obligations discharged (he— irnaftF called "work ").
2.2 The Contractor shall per_Eorm all of the work in
strict accordance with the r:)rrt r,rc Documents.
2.3 The Contractor shall r>F> - Lab_te to the City for any
damages arising from, or r-esult of, a failure to
fully comply with the +'or t rant- Documents. Contractor
shall not. be excused witl :espec .o any failure to so
comply by any act or omis -m f + i-re City, its officers,
employees or agents, ur , es = ich act or omission
actually prevents the ('c— c c t _ r rom fully complying
with the requirements of Documents
3. Schedule
3.1 The Contractor sha_-1 :,Dmmence the work on the date
stated in the Notice to proceed and shall diligently
pursue the work to complet n ,vitli <L goal of thirty (30)
calendar days to complete 1 ,rork
4. Contract Price
4.1 The City shall pay o the Contractor as full
consideration for the f ,_r_tr.ful performance of the
contract entered into by l.s Agreement, subject to any
additions or deductions i provLded in the Contract
Documents the sum of fortvtwo thousand, nine hundred
eight dollars (542,908.30)
5. Payments Pursuant to Attachment A. "Payment Schedule"
5.1 Contractor will sign �'l release forms required by
City for payment. a VAL =f.[ RELEASE FOR ALL MATERIALS
FROM EACH MATERIALS SUPPLII�,] MUST 13E SUBMITTED WITH EACH
INVOICE. THESE RELEASE v. BE )N A FORM PROVIDED BY
AND ACCEPTABLE TO THE C'T�l ty reserves the right
to call materials
Bidder's Initials
00127
suppliers to verify releases. Contractor will provide
notarized lien releases with each invoice if required.
All releases must clearly .ndicate (printed or typed in
addition to signed) the name anc title of the person
signing it and their phonF, : umher _
If an unconditional release cannot be provided, a
conditional release must be provided showing the true
amount of money owed tc a materials supplier or
subcontractor. SUBSEQUENT TO THE PAYMENT OF THE FIRST
THIRTY PERCENT (30 %) OF THE CONTRACT PRICE, ALL REQUESTS
FOR. PAYMENT SHALL BE ACCOMPANIED BY A FULL UNCONDITIONAL
RELEASE FROM ALL SUPPLIER: 4vND SUBCONTRACTORS FOR ALL
PAYMENTS MADE ON THE E'AID INVOICES. Signed
Unconditional Final relea..e viii be required from all
subcontractors prior to fan,i
5.2 All invoices must be in _rye Moorpark City Hall by
the last day of the prior_ nron° r. n order to be paid on
or about the 25th of the month. All checks
will be mailed. NO EXCEPTD:NS
5.3 No checks will be is;_,ed wi Ariout prior receipt of
invoice and prior a ) sf work by City
Representative,
5.4 City's inducement. F,,n s D be signed prior to
Final Payment.
5.5 Partial payments for far *:ia_ completion of any of
the milestones identified. in Attachment "A" may be
approved by the City at their :sole option. The approved
amount of any such payment shall be based upon the
percentage of completion ` the work required by said
milestone(s), as determi.n(-a by r he City. Any such
payment shall not affect_ the percer it. ages assigned to the
milestones set forth in "A"
5.6 City shall have the opt_ i»1 �,c� make payments jointly
to Contractor and his
IpliFr of material and /or
Subcontractors. Contractor
agreea to furnish, on a form
acceptable to City, inci_ude,
1. ir. t_, is package, labor and
material release form,
:c. c:o:,rpletely execute and
furnish the informatic n
t ec111 i t (� I In said forms, in
accordance with Paragraph
.._ before Contractor shall
be entitled to any payment;
he- eunder. Use of the forms
does not constitute a W(Ji °7e.
f tr is requirement by the
City. If. the Contract( .r
°` 1 tc meet and pay all of
its just obli:
shall be outstanding at the time any payment may be due
or is out of or in connect'Lon ,vitli the contract are made
against the City by any _;t her person, the City shall
have the right to withhold c,ut of any payments, final or
otherwise, such sums is the City may deem ample to
protect It against loss ar.d %()i rc assure the payment of
just claims of third persoi:-
5.7 Contractor shall pr
will be fully responsible
others and /or any delays
All charges for same avi
deducted from any moniF,s
Contract.
6. Leaal Reauirements
ot_ ect the work of others and
Ec,r any damages to the work of
he causes to others or City.
f-e 1 >aid by Contractor or
f i(, and owing to him on this
6.1 Pursuant to California I,abox Code Section 1810, et
sea., eight t8) hours tat � ��.= an,, - i_tutes a legal day's
work.
Contractor shall forfeit a a penalty to City the sum of
$25.00 for each worker employed in the execution of the
contract by Contractor ,r subcontractor for each
calendar day in which >�ch worker is required or
permitted to work more '_har, 8 hou_-- s in any one calendar
day and 40 hours in any >rc calendar week in violation
of the provisions of I_ah ('1("e 5e,tion =_815. [Labor
Code Sec, 181A
6.2 (A) Copies of the det�(_?rmina -.ion of the Director of
the Department of Indust r =i. a1 Relations of the rate of
per diem wages for each craft, classification or type of
worker needed to execute t F con, ract are on file in,
and available at, the off `.c E) the City Clerk, 799
Moorpark Avenue, Moorpai }., "J].fornia 93021. [Labor
Code Sec. 1"73.21
(B) The Contractor shall [:):)st at the work site, for the
duration of the contract, coDoy (f the determination of
the specified prevailinc e f pet- Jiem wages. [Labor
Code Sec. 1773 2]
(C) The Contractor, arLd Arty sub ontractor, under the
Contractor, shall. pay -ii es;, than the specified
prevailing rate of per iierri wages to all workers
employed in the execution )f the ( ,ont.ract. [Labor Code
Sec. 1771] The Contractor hall. have responsibility for
compliance with Califc>r.r_ is -i L,ab_ r rode SecCion 1776
relative to the retenti) ind n3pection of payroll
records. [Labor Code Sf 7
y
Bidder's Initials 00129
6.3 The City shall withho__d penalties and forfeitures
from payments due to t;ne ' ontractor for noncompliance
with the California Labcr dE= [Labor Code Sec. 1727] .
6.4 Nothing in this _ :tract shall prevent the
Contractor or any subco -itr< actor from employing properly
registered apprentices Ln -lie execution of the contract.
The Contractor shall have : esj)orrs Lr>ility for compliance
with California Labor �,de 7ec ti.on 1777.5 for all
apprentice occupations. -'ode ;ec. 17-77.5]
6.5 Neither the Contract-/a., nor any subcontractor under
the Contractor, shall disciim,_nat in. the employment of
persons upon the work be: ,:fuse r ttie race, religious
creed, color, national rig 1 n ancestry, physical
handicap, medical conditi ;r1, mal t -a1 status or sex of
such person, except as pi( 1��d i Section 12940 of the
Government code. Tf 'c nt i actor shall have
responsibility for comp _i a F ,, t tl-r-Lis Section. [Labor
Code Sec 17351
7. Contract Documents and Spe .ficat.i-ons
7.1 The contract enter ( d :.nt () by this Agreement
consists of the follow_aq Contract Documents and
Specifications, all of wh. h ire component parts of the
contract as is herein E( f-,it in full or attached
heretc:
This Agreement and Cond._t
Agreement Attachment "A
Agreement. Attachment "B"
The Proposal
Release Forms
Environmental Health Comp i:�tnce F_rm !Prop. 65)
Inducement to Make Fina E-= , ✓n,Ent
Technical Specifications - = _ectrical Fixtures
Addenda #'s -0-
Change Orders
Plans and Contract DrawLng.;
Contractor's Certificat F Xardrnc Workers' Compensation
I_-
Bidder's Initials
0013'U
Forms Attached to Agreement Document
Musco Submittal. - Dated Dec -mber " 5, 1994
8. Independent Contractor
8.1 The Contractor is and shall at all times remain as
to the City a wholly - independent Contractor. Neither
the City nor any of its officers, employees, or agents
shall have control over the! condu_t of the Contractor or
any of the Contractors officers employees, servants,
agents or subcontractors, excep�- as set forth in the
Contract Documents and Sp(!,: -,i f icat ions . The Contractor
shall not at any time or in any m <Dnner represent that it
or any of is off.icer:r,, employees, agents, or
subcontractor:, are in any mannei officers, employees,
agents or s(ibc. -)ntractor_: >`
9. Indemnification
9.1 The Contractor hereb,� agree., to indemnify, defend
and hold harmless the City, and its officers, employees,
servants and agents from an-1 against any and all claims,
liability, loss, damage, cosy and expense, including
court costs and attorn� -.ys fees, whether or not
litigation be commenced, ,,f whEit-ever nature or type,
that the City or any of ir._, :-tficers, employees or
agents, may hereinafter ;, i`fe -, n:;ur, be put to pay or
lay out �)y reason of:
(1) Any injury or death t. ar:y parson or damage to any
property sustained cr alleged to have been
sustained as a re: -i P. c:, E the work, or the
performance ther&Df' , c:-)nternplated hereby, or any
defect in materia -, or workmanship that
becomes evident w_.t.h ne y,ear: after the date of
recordation of the nc: — f completion.
(2) Any other act or om:..,,si Xl -f the Contractor, its
agents, representati� -E=s ()r ct:her persons who are at
any time engaged i_ri ncJ coarse of work or in the
repair, replacement ,est:)iation of any portion
of the work made �cF sscar_� by any defect in
material or workmc,n � X t r,c 1 U J1' -ng, but not limited
to, subcontract �x 3 ors, materials and
suppliers, or
(3) Any breach or defat_;r -_� the Contractor in the
performance of its C '. i,_T<<t. _cr s hereunder.
T_
Bidder's Initials
00131
9.2 The aforesaid Indemn fi_Cation and Held Harmless
Agreement shall not include any claims of liability
arising from the established ;ol(-:- negligence of willful
misconduct of the City l_ts officers, employees,
servants or agents.
9.3 The aforesaid Indemn-_fication and Held Harmless
Agreement shall apply regardless of whether or not the
insurance policies specified in tail agreement or other
Contract Document sha 11 }lave 1):-�en determined to be
applicable to the claim, i.eji , 1 it y, loss, damage, cost
or expense.
9.4 Contractor further agree: tc indemnify, defend, and
hold harmless the City; its 3fficers, employees,
servants, consultants and agents from all cost, damage
or expenses of any kind by reason of any claim which may
be made for injury to pe:r ;or7 or property, which it is
alleged resulted from any wrc)rigti -,nd negligence for want
of skill on the part ,�' :°ont, actor, his agent or
employees. This inc: lucie: 1: u' is not limited to
Proposition 65 Complian(( ; ert i- ` i.cate attached hereto
and made a part hereof.
9.5 Attorney s Fees: 1i any ction or law suit in
equity, including an ac-,ti,:,, f o:r leclaratory relief, is
brought to enforce or int,rpret any provision of this
Agreement, the prevail in;_; a t shall be entitled to
reasonable at --orneys' fee— costs and necessary
disbursements, in addit:i�) t =Irr- Dther relief to which
it may be entitled.
9.6 Additional Hold Harmies:3: Contractor shall hold
harmless, indemnify, ind defend City and all of its
officers,, employees, ser,.<ints, _ onsultants and agents
serving as independent writ:, ac:tc rs in the roll of City
Engineer, Building Officl'a' , hui.l(iing Inspector, or City
Attorney from any claim (J m -ir 1, damage, liability,
loss, cost or expense, " "cr aiy damage whatsoever,
including but not limit E- OF�atii or injury to any
person and injury to ar: )io-ert.y, resulting from
misconduct, negligent: r s,, �- -)rs or omissions of
Contractor or, any of -L--& f" '-e2 employees or agents
in the performance c;f agreement, except such
damages as is caused b,a ;iegligence of City or
any of its officers, empac m siltants, servants or
agents
Bidder's Initials 0012
10. Insurance
10.1 Contractor shall not commence the work until he
shall have purchased, at hLs sole expense, from one or
more good and responsibl-e companies doing insurance
business in the State Of ' alifornia and shall have
furnished to the City Jerk. certificates of all
insurance required under:.- this Article and such insurance
shall have been approved by the Agency as to form,
amount and terms; nor shaL1 (" ontractor allow any
subcontractor to commenc( "o:: Dry his subcontract until
all similar insurance c,n the subcontractor
shall have been so obtaLn,::�(l aric approved . Each such
policy of insurance shat] be maintained in full force
and effect for the durar_,:In ,f the contract and shall
bear an endorsement )r id, ]. ..awe attached a rider
whereby it is provided t1,c , in ..fae event of expiration
or proposed cancellation amendment. of the policy for
any reason whatsoever, th(., ;vi' ,Ili: rk shall be notified
by registered mail, po: � , ge C')rc.,pa:id, re'' °.urn receipt
requested, no- less t1_a i k,. r r �, 31�) days before the
expiration, cancellatio, _;�r t.mertdvent is effective. All
insurance coverage re:jtai e k th:Ls Agreement shall
remain in effect tint ii 1 " ntiactual guaranteed
periods have expired.
10.2 Contractor, and ever°;% subcontractor, shall provide
comprehensive liability irlsuranCe in which the Agency is
the named insured or is named as an additional insured.
Notwithstanding any incDnsis" ent ,statement in the policy
or any subsequent. endo7 := o,.!ment ot tached - hereto, the
protection offered by t i(= , h all:
(1; Ensure t 1Ie City 61;
a
cffi.cers, employees,
servants and ager t
:: (TI
<urns for damages for
personal injury t(- sir.,
including death, and
for damage to the p!-
f any person which may
arise or resul_
r r
cniractor's or any
subcontractor's xt�
t :: c>:i
) " the work or other
obligation under t hF
,< °,at, i
r. of the work or other
obligation under t1
r -r, ..ct
Documents, whether
such execution bo
t:y '_':ntractor
or by any
subcontractor or oy
1...rectly or indirectly
employed by either is
�c
of any subcontractor.
(2) Provide the minimum - n s(t forth in the
Specifications
10.3 Contractor, and ever, SUt)C -or: tractor, shall provide
complete workers" compenaat.()n isurance in accordance
with the requirements :,f c* r. 3860 of the California
Labor Cole.
Bidder's Initials
00133
If any class of employee;: engaged in the work is not
protected under any workers' compensation law,
Contractoa shall prcvile.
err.i shall cause each
subcontractor to provide
adequate insurance for the
protection not otherwi.�e
t roi.ect.e(l. Contractor shall
indemnify, defend and ftol 1
harmlE'ss the Agency and its
officers,, employees, ser %,,,:A:.,
t and igents from any claim
resulting from failure
E>itYF Contractor or any
subcontractor to take out
xai.nr:i_n such insurance.
Insure City and its Dff
ce; --, employees, servants,
consultants and agents wh_.
e ct =_ng within the scope of
their duties under this
j: E,emeiltt against all claims
arising 11-)ut of, or in cOnn-
t i -.�n , i ,h, the Agreement,,
Provide the following m.nL
n
Bodily Injury $1, 0((
- 01)!j each person
$1,0((
01)u each occurrence
51,0r
J,',, aggregate products
and completed
operations
Property Damage $1,,00;
00,) each occurrence
$1, 0(ii
0)) aggregate
10.4 Satisfactory Progress_ if, In the opinion of the
City, the Contractor i,
nct irraking or maintaining
satisfactory progress, he
shall upon receipt of such
notice from the City,
increase his working
force and speed deli%,,er )
T:cterials necessary to
maintain progress sat i sf
c-. -z y r o the City, It is
agreed that time is of the
esseric(, of this contract, and
if within forty -eight A8
-ic: l , 1-after receipt of such
notice of the Contract()]:
Yi.a, f filed to increase his
supply of materials and ja^
or `)r. _E to maintain progress
satisfactory to the
r - orrect any defect,
failures, or complaints
.,t, r t�spect to labor and /or
materials furnished, the
have the right to:
1) supply sufficient
n,itc _al and employ such
additional labor i,
ii t'iE, City's opinion is
necessary to maintct;.,
sat i factory progress, and
charge the cost there
f in(� ri1 reasonable expenses
in connection therew�
rz '-r e Contractor.
2) Terminate the Cont.,, t--,r s right to proceed with
any of the work i� ', et t he work to another
Contractor or Con .r� irid charge the cost of
romplet i_on thi: , c
Bidder's Initials
00134
3) Terminate this entire agreement and pay to the
Contractor only the reasonable value of the work
performed by Contractor, providing the quality of
work is satisfac n, and providing the
Subcontractor has pail all A his obligations in
connection with the wcrk. if City suspends,
terminates or abandon:,_ i pornion of this Agreement
such suspension, terx"nat::.or or abandonment shall
not make void or fnvaKdate the remainder of this
Agreement:.. all of -k f regoing remedies and
conditions shall be um iat �Ye and shall also be
acceptable in the ever t t e Contractor becomes
insolvent or is dec L • : pc� lwihrupt or is otherwise
taken over by cred it : i
11. City's Right to Terminate
11.1 Notwithstanding 0.4 above, if the Contractor
refuses or fails to presenute
the work or any separable
part thereof with such
diligence as will insure its
completion within the time
specified or any extension
thereof, or fails to complete raid work within such
time, or if the Contractor should be adjudged a
bankrupt, or if he should
make a general assignment for
the benefit of his creditc:rb
Dr f a receiver should be
appointed on account of K,
inso[vency, or if he should
persistently or repeatedil
f& use cr should fail, except
in case: for which ex- ens
.., A - Ame is provided, to
supply enough proper ll
3 K,.1 1 aJ workers or proper
materials to complete tic
Aork r the time specified, or
if he should fail
rake prompt payment to
subcontractor& or for match:,,
a labor, or persistently
disregard laws, ordinaime
cr natructions of the City,
or otherwise breach any
oasor.s for such intention to
terminate. Unless w i t l
, n f : vc (5) days of ter the
service of such notice st:cl-
pond; �i on or violation shall
cease or satisfactory a:-::
Angene r is for the correction
thereof be made, this core,:,
;bn, 1 upon the expiration
of said f ive (5) days
aA., a -1 terminate. In such
case, Contractor shall
he e titled to receive any
further payment until tic
> fi.nished.
11.2 Performance by_::_
x___ r event of any such
termination, the City s Y
mn,t�(iiately serve written
notice thereof upon Co
i6 c:,tc:, and shall have the
right to take over and Lw
f>tm his contract. The City
may take over the work
an: 1).- osecute the same to
completion by contract
r, a y other method it may
deem advisable for the
c)inn and at the expense of
Contractor, and he shall
e iaPW to the City for any
excess cost or other
r &J< Dccasioned the City
thereby.
Bidder's Initials
00135
If the City takes over the work as herein above
provided, the City may, without liability for so doing,
take possession of, and utilize in completing the work,
such materials, appliances, plant, and other property
belonging to the Contractor as rya-,, be on the site of the
work and necessary therefor.
Additional costs of Lnishi_ng work, including
compensation for additions engineering, architectural,
managerial, and adminic�tr -r i.ve services, shall be paid
to the City, without pre_ �o any other rights or
remedies available at. 1�Lw i.��. equity to the City.
If the City suspends, terii.Lnates or abandons a portion
of this agreement, such �erara *ion, termination, or
abandonment shall not n,.ka c c' or invalidate the
remainde- of t -iis agreene ,
12. Notice
12.1 Whenever it shall be
serve notice on the otr_er
notice shall be served
prepaid, return receipt rF
of Moorpark, 799 Moorp�rF:
to the Contractor at
;iecessary for either party to
.especr_ing the contract, such
k;y registered mail, postage
,.:_guested addressed to the City
wenue, - a:lifornia, 93021 and
3021 Rowena Avenue
Los Angeles, CA 9003._.. Phone (213) 660 -4141
unless and until different ac (ireg, ;es may be furnished in
writing by either party r };F. >tt ;er .
12.2 Notice shall be deemed _,) ha re been served seventy -
two (72) hours after the .ar?.E a� been deposited in the
United States postal ser,, e. P1. s shall be a valid and
sufficient service of nDt purposes.
13. Assianment
13.1 The Contractor shall -rot as:;ign the performance of
the contract, nor any pail taereof, nor any monies due
or to become due hereunder without the prior written
consent of the City. It t,nderstood and acknowledged
by the party es that t; 4- ont ractor is the lowest
responsible b1 -dder qual i f ?. r:,�rf_o rm the work,
13.2 Subject --o the provi:;.LOr. >f this Article regarding
assignment, the contra.` 3ial_ be binding upon the
heirs, executors, admi ._: - -sir )rs, successors, and
assigns of the Contract o
Bidder's Initials 00136
14.
15.
16.
Attorney's Fees
14.1 If any action at lay; of Lri equity, including an
action for declaratory re' °.ef i:, brought to enforce or
interpret
the provisions of the con:.xact, the prevailing party
shall be entitled to reaso °cable attorney's fees, court
costs and necessary di3huat sement ,, in addition to any
other re�_ief to which it e3; it led.
Miscellaneous Provision,,
15.1 Should a change he ,ontemplated in the name or
nature of the Contractor,,: legal entity, the Contractor
shall first notify the C. --,, in order that proper steps
may be taken to have , :,harge reflected in the
Contract Documents.
15 ? The contract shall
be effective from and after the date that this Agreement
is signed by the represent the City.
15.3 This Agreement i:; r.d� r three (3) duplicate
originals.
15.4 The captions of Ir1(� articles, sections,
subsections, paragraphs and subparagraphs of the
Contract Documents are for -eference only and are not to
be construed in any way a; par )f the contract.
15.5 The remedies conta.ned it this agreement are
cumulative, and in addita' n r:; (ind not limitation of,
any remedy at law or in c which the City may be
entitled
Supplemental Term
16.1 Contractor has caref.11y examined the plans and
specifications and understand the relationship of all
drawings and specifications _c the work. Receipt of
above plans is hereby acknowledged
16.2 Job Hours: Work hour- are -:00 a.m. through 7:00
p.m., Monday through However: all work
performed after 5:00 sh���.. be restricted to
activities which do not er,(�rat any noise, dust or
other nuisance which c1.J :1 ;l Impact surrounding
properties, as determined :_ the ity. After hours work
and weekend work will rot t;e pernitted without written
permission of - ity . Th ! l working on equipment
after hotirs .
1
Bidder's .initials
Conditions of Saturday or Aunday Work: (if approved):
1 ) Work hours shall On -,1 rr to the work hour
limitations set forth here .
2) All requirements of the Contract Documents and any
other applicable local ordinan!es Shall be observed.
3) Contractor unders -nanis that questions cannot be
answered or decisions made nti.l tie next working day.
16.3 Contractor will be asponsible for any fines or
levies because of his ,;r -,1aticr of safety or Union
regulations, it in the in
16.4 Contractor, if requ..re(l, ~hall provide warning
labels and ingredient As, fcr all materials furnished
by Contractor and any oche: pertinent information about
the makeup of their mEtee A. This is in compliance
with Proposition 65
16.5 If it is discoverer
that .a clarification of the
plans, correction of an error
omission or ambiguity is
necessary, the City will
:e got i f ied immediately. The
time necessary to accom;
l sli these clarifications,
corrections or omissions L :
Aciuded in this contract at
no charge. Any discrepc.na4
x: eqn i i i ng a major change in
the plans or specifica°_
)ik shall_ be processed in
accordance with applic Bbl
p;.r >v:,-:; dons of the Contract
Documents. With respect •
nincr problems which can be
resolved in a timely mcrAiei
, lion time necessary to
accomplish these clarif icy,
ions :corrections, omissions
or ambiguity in includes
4i i co=act at no charge.
16.6 All retention _s
n c tim. protection and
guarantees not for uncon,p
el N
16.7 If, in the opinion f the City, supervision is
inadequate, Contractor w_. imme, ~iately remove foreman
from job and furnish now ieman This also applies to
workers.
16.8 Extra Work: No E "x :La work shall be authorized
unless extra work order~ n- - SLgned by City Manager.
16.9 Conflict: In consiwt rat -ioL of the award of this
contract, Contractor agree:- that if there is a conflict,
repetition or ambiguity between any of the contracts, or
a conflict within any coc:rsents, the City shall be the
sole person to decide wl.i : r: hin- s-,s or prevision shall
govern.
Bidder's initials
00138
16.10 Uninitialed Changes: Nil ,_ 1 «rid void if uninitialed
changes (by both par!,iE, 9rC- ,n these or future
documents.
16.11 Joint Checks: When z _ o.i-r.t check is issued, it
will be sent to the Contia _ t:)r. C Lty reserves the right
to send joint checks to tt « -, ;uppl i_er with a copy to the
Contractor.
16.12 Satisfactory: Satisfactory shall mean satisfactory
to the City Manager of the city and designated person he
has appointed to oversee t ` �
16.13 Any provisions if t,_s agreement to the contrary
notwithstanding, the City snal'. not. be liable to the
Contractor for any delay, L ),,;s c.: damage to its work,
from any cause whatsoever Tli_s includes, but is not
I imited to, inclement w( cat -r �r 1(il ism or theft.
16.14 The Contractor shall �)ay and and all delivery
charges and taxes, includinc sales tax, which may be
due or levied against ary rr: teria= or labor, as well as
Social Security, Old AgE ai;,- "Jneml,',()yment Insurance,
Income Withholding Tax al . t" �-e 4uired by law. Before
final payment is made, t l e ',n-ractor shall present
satisfactory evidence tiat is t Y taxes and insurance
obligations have been fi,l , pi
16.15 Whenever required t - E, its, it shall be the
duty of Contractor to f wi -h the City a verified
statement in writing incrn atisfactory to City,
certifying to the amourit:3 Ji(n c-ie and owing from the
said Contractor for labor n-i ria-_erial performed under
the terms of this Cont � -a _ . ;err _ng forth therein the
names of the persons whc',; ': Y161 -,Ies and /or claims for
materials, and /or supple: �r.c labor are unpaid and
the amount dice tc ea,l- e�7411r ively. Before final
payment is made, Cont D 1 execute a
general
release and waiver of t -, �jn submit .satisfactory
evidence r.hat no unpa_, _.r -rs exist for labor,
material, or other Y g�t_r incurred by the
Contractor in the performar e t Ll s Contract.
16.16 An amount equal to -a X e -rc E,nt (10%) of the total
amount of the contract sh, -.1 1F(•_ained until after all
work has been completed, 1:.pe,,teE-'L. and passes by Public
Agencies. City shall have e ilr- tc� retain any amount
it deems necessary as 1cnc s actions and /or repairs
and /or uncompleted word r Er«z r be corrected. The
Contract:,- -;igrees tc -x(---,It ten guaranty on a
Bidder's Initials
00 13
form satisfactory to City, -cr hi_ work agreeing to make
good without cost to the _its, , any and all defects or
failures of every kind ar :-_;.ng ou of work performed and
materials supplied under" :)f all work under this contract
and recording of Notice of om�:1e'i�n. Longer guarantees
are included if required }y
16.17 Bankruptcy: y shall have the right,
notwithstanding any other .;roe- isions of this Agreement,
at its option and without r_re i ,zd -- c;e to any other remedy
to which it may be entiti -d at law, in equity or under
this Agreement, immediat -_ 1y upon service of written
notice to termination r ('cn� r��rt� >r if the latter
should:
(1) Be adjudged a hanKrup
(2) Become insolvent nave a receiver of its
assets or property apj >,)in -ed because of insolvency;
(3) Make a general a;.: gnment for the benefit of
creditors;
(4) Default in the per.forrnance of any obligation or
payment of any indebtF- cine3s trader this Agreement;
(5) Suffer any judgmen, agairist it to remain
unsatisfied or unbend(- ^ - _(()rd for thirty (30 )
days cr longer; or
(6) Institute or stiff, -t r_;� be instituted any
procedures for rears , i gement c,f its affairs.
16.18 Ownership of Documents: Upon satisfactory
completion of, or in 1e event of termination,
suspension or abandonmer; �f `his Agreement, all
original documents, des__gn.,, c:rawings and notes if any,
prepared in the course of the services to be
performed pursuant to C i_r. ;,r c?, m<_x� be used, reused or
otherwise disposed of b a.ttc:trt the permission of
Contractcr„
16.19 The City's repre&ert- ,,tin(-- ur t-he job shall have
the right to control or _atz t parking on the site,
and Contractor agrees t o;) -rat � and abide with said
restrictions.
16.20 Before any work is unc::er i._aken, the Contractor must
visit the job site, examinf it Eor himself, take his own
measurements, and make Iri;. Dw11 a; >r. Lmates of facilities
and difficulties in the -?xE; r :r,r f his work. Should
Bidder's Initials
00140
the proper workmanlike or accurate performance of any
work by another subcontract-or involved in the project,
Contractor will use all means necessary to discover any
defect in such subcontr. act � ::r ' , work and report the same
in writing to the City. Contractor will be responsible
for any damages resulting b), reason of his work covering
defects due to imperfect ,,act k.rnar.ship or materials of
other subcontractors.
16.21 Any materials sr.or,-J .r ob site shall be at
Contractor's sole .risk.
16.22 If requested, ontractor agrees to furnish
certified verification ,G the grade or quality of
materials he _s using iii -z1 s w�Drk. Such verification
shall be at his own cost anc l, e:xpeiise and shall be from a
recognized assDciat.io _> r! Df Standards
Grading
16.23 Alcoholic beverage., radios, drugs, pets and
children will not be tolerated on ;he job site and could
result in termination of tl c )rit:r act .
16.24 This contract sub -�i .;ed(, 3 all proposals or
agreements.
16.25 Protect the work of c fret ;
16.26 Time is of the essenc
16.27 Governing Law: This Agreement shall be governed
and constructed in accordai e wL',-Al the laws of the State
of California..
16.28 Venue: This Agreemen is made, entered into,
executed and is to be pe t orined in Moorpark, Ventura
County, California, and and, act.ior. filed in any court or
for arbitration for interp etar_ici, enforcement and /or
otherwise of the terms, cc °,Tenlnts and conditions
referred to herein shall liE, 111- in the applicable
court in 7entura County, C i crni
16.29 City's Agent.
The 'it
Manag(-r and /or his designee
shall have the
right to rE-
-ew, c
)ordinate and approve
all work to be
performed t,.
'ontzictor
pursuant to the
terms of this
Agreement ctrl -',
shal
; be the City's agent
with respect to review, ,00
dirat-i;r
and approval of the
services to be
cerformed b,,,
he Co!,
t -actor .
No deviations
from scope c:
v zk
shall be made by the
Contractor without
prior apt
cv i
. ~i writing from the
F3ldder's Initials
00141
City. No claims for extz,s above the amount of said
contract will be honored nl�ss authorized in writing
Prior tc: commencement ) �;rk. Commencement and /or
performance of work invol �i :c charged or extras, without
prior written approval. o- v. 1.1 be at Contractor's
sole cost, and the City w ', r:ot r:e obligated to pay for
same. No verbal instri,ct : ;r: +f,i :l be considered as a
waiver of this or any of hel of this contract.
The City has retained
le se.: vices of a Contract
Administrator for thi
ro -ect. The Contract
Administrator shall work
it the City, Contractor &
Architect in administr t
f t--re Contract including,
but not limited to da
w kl field observations,
progress reports, appro/,.
Y i:lv,,ices, verification of
releases, observatio:i
quantity and
scheduling. The �'ontric_-
�.�i.7. n strator will act as
liaison between the part:.,
i.;sLst in expediting the
project and will make rep
�mer.c,a _ i.��ns to the City. The
City Manager or his dc_gneF
v_11 make the final
decisions. The duties cf
�rc�-�i -ect shall be as set
forth in the Ieneral �. o-_
t.,; �;nd the Supplemental
General Conditions.
16.30 Legal Responsibilie,;:
ontractor shall keep
itself unformed of
an: Federal laws and
regulations which in and
'ect those employed by
it or iri :and, way affect i
-it : rmance of its service
pursuant t '-. is Agretni,,�
,r: =t-actor shall at all
Limes observe and co,nl
u _ t� all such laws and
regulations. The City (-:n
ir. Dfficers, employees,
servants, consultants and
�er-r-: ;hall not be liable at
law or inequity occasio-�F c
c- f A tire of Contractor to
comply with this sec.t.10T.
16.31 Interpretat—
i._ f Agreement• Should
interpretation of this
q eme -nt, or any portion
thereof, be necessaiy,Fmcd
that this agreement
was prepared jointly n 3
j, 1,-i L and shall not be
interpreted against Pit!
the ground that the
party pt .,cared the Z
r causec it to be
prepared.
16.32 Expertise: Cit,,
-eLying on Contractor's
expertise in the exec it l'
i n'_1 work under this
Contract.
16.33 This contract is sul> c- tD the City's proceeding
with cons r,, -ict i:)n of capi i c! r o i ect .
-1
Bidder's Initials ,
00142
16.34 Contractor understands that it may rain during
construction of the project and that it is his
responsibility to provide temporary drainage to and
otherwise protect and repair any of the work damaged by
inclement weather unti, E:�c:ceptance by the City,
including but not limited t:, the placement of sand bags,
re- grading and compactic:,n, =t
16.35 City has advised Geznercil C -)ntractor to have the
plans, documents and agreerrn4ntr, �( ""j ewed by an attorney.
16.36 [Deleted]
16.37 Time extensions for ;_-clement weather will only be
allowed if the job site , unworkable as determined by
the City..
16.38 Time extensions f-)r material availability /
delivery may only be alir)wed if City has furnished
written, satisfactory evidence -fiat= the order was made
in time for deliver,7 ,hen :ieeded and written,
satisfactory evidence from ma.rluf<rc,.ur.er /supplier as to
why materials will not arr= ��i r rre.
16.39 Contractor at hi= 3 ex�:(-,rise will comply with
all Federal, Srate and ,,o,:- safety programs including,
but not limited to traiir:.n,4, -)h meetings„ written
programs, posting, hard r,ar �, etc:. Contractor_ will pay
for all fines or levees fc)t l izrise. f and City because of
his or his suh- contractor s wiD -,r -iolation of safety
standards.
16.40 Contractor will k:r: -ep lif to date plans and
specifications and permi_s �f -t- cb site.
16.41 Until improvements arl a,cepted by the City
Council, the Contracto st;a'. of_, responsible for the
care and maintenance of 311ct rnp:r:c- ements and shall bear
all risks and costs cf ::sa >r damage to said
improvements. Neither CD r3. LL: is officers, agents,
consultants and employees >ha1_, rave any liability for
any accident, !oss or damnje tae improvements prior
to their - omplet ion and ro _ >t ,r e k;y the City.
17. Entire Agreement
17.1 The Conti- act Documer.rs integrate all terms and
conditions in connection wiirl the, work called for herein
and supersede all negotiati n:, airc prior understandings,
either oral or in writ n rF- sped to the subject
matter hereof.
Bidder's Initials 00143
17 .2 The Contract Documents ire intended to be
complimentary. Work requited by one of the 'Contract
Documents and Specificatior:;s and of by others shall be
done as if required by all..
17.3 Each and every provis c_n of law and clause required
to be inserted into the 'ont ract. Documents shall be
deemed to be inserted therein, and if through mistake or
otherwise any such provi_si_;n is nct inserted, or is not
inserted correctly, them _ipon application of either
party, the Contract Documents ,ha1', forthwith be amended
in writing to make such in.,er, ] oT r correction.
17.4 The Contract Document: shall not be amended except
by a writing duly executed ` ,,, " h, [;art ies .
Contractor acknowledges triat he has reviewed and read
all the Contract Document.; . n,I anderstands them and will
perform according to the t F, I m. a•ac conditions of same.
18. Additional Terms
18.1 Contractor has visite(< the joosite and has examined
without limitation, the r:istinc pullsections, switch
gears, breaker assembll.s and all other existing
conditions affecting his w' 7x k.. , ontractor represents
that he has E{llowed suf _(ierit contingency in this
Proposal/Contract price `_ over the complete
installation of the ball f l�I ..c}it ing systems.
18.2 No concrete trucks w1,1 he a_,lowed on grass. Pump
all concrete Any traft,- )n ;rass for deliveries,
etc,, will be under the f r _t supervision of a City
representative and wit? i `✓ permission. Contractor
will be responsible f_ n, :lamage to existing
facilities, gr:,Eiss and
18.3 The Electrical Cor.t.r A _ -t cr L.nderstands and agrees
that during the guarantee_.�er_,_ud all problems will be
given to him. If, aft }. rs,.t Lng the site, it's
determined that they :Lens i the fault of City
purchased materials, the c r,.trctc r will inform the City
as to this specific pre b i, `'L ire will be no charge
for the servi :E
18.4 Chance
Orders:
Nc 1
at ors from scope of work
shall be made
by the
Cent
ct r ,,ithout prior approval
in writing
frcm the
City
idc ---aims for extras above
the amount
of said
coat
1 be honored unless
authorized
in writing fir_
r ommencement of work.
Commencement ��ind /or perf ,Dr i ,:z ,c, ,f work involving
Bidder's Initials 00144
changes or extras, witnou
prior written
approval of
City will
be at Contractc,r's
sole cost,
and the City
will not
be obligated tc_
pad. f_Dr same.
No verbal
instructions will be consicer_ed
a_3 a waiver of this or
any other
provision of thi ,
-; A Lt r ,5( t .
18.5 All change orders wi] be c,i ty forms and include
the following agreement:
"Both contractor and owner aereby agree and acknowledge
that execution of this change order and /or time
extension constitutes a m�i..tual a:--cord and satisfaction
as to the work cover_+ i tlei Eby and contractor
specifically waives and i -- lease;:-- any and all claims,
rights or interests, in(.1tirl.ng but not limited to, those
for impact, disruption, 1, :s -)f efficiency, ripple, or
other extraordinary or r,te: t r.t:ial costs arising
directly or indirectly oui:. f :he .fork described in this
change order except. as spe( f 1 :a l : - included herein. "
18.6 All prices for F'xt
competitive and standard
the work_ owner may, a t
own bids and do the ex
cooperate with owners ut.
to facilitate owner- suppli,
will be f u rn fi shed wi' h
credit s . Break dowr.
labor /materials, mark rp
submitted with the bid pr,
charges. All changes a-rrl
order on City -.orm.
18.7 When prices for Chan(,'
will act promptly to submit
time will be allowed for
is the Contractors rt
subcontractor and supp!,
completeness and detai _
reasonable for the wsz-
obligated to obtain �J ,
changes' prior to submi7 r
-I:- an:: credits are to be
r the scope and location of
d.i.screticn obtain his
C, o,(-) k. Contractor will
)nt i ,ct cr , s/suppliers /agents
1 w _)r k. A detailed breakdown
r 4 . =quest for extras or
V i shcw quantities of
rl,? ,c, _t. Any unit prices
F,cs a�
fild be used for extra
1( ILY3 will be by change
( -s aye requested, Contractor
thee. D the owner. No extra
requested prices. it
�A r : _I _ity to check all
r 10 s for correctness,
1i prices are fair and
red, Contractor is
�s possible prir_e (for
18.8 No additional overhea :- _ne will be allowed for
changes that are not orL -, --it- cal path (as separate
items) and that can be i- s ;:verlap t.o any other
components of -he work
18.9 The maximum prof i , ve --head and markup allowed
for change orders is, :�unl 15 %. Payment for
general ondit ion items �r �e<<:1 end profit shall not
Bidder's Initials 00145
be made for additional time
granted for adverse weather
conditions, vandalism, co-Ualty
loss and /or material
availability.
18.10 Only the City is authorized
.() approve any change,
change order, or constru--
i(r ,Yi,inge directive in the
work.
18.11 Payment for store(,,
materials will be at the
discretion of the City.
)riginal copies of invoices
will be required as back
it for payment requests for
stored materia, s. No paym-,it
A7-Ll. _ 1-)e made for materials
stored off-sir-F,.
18.12 Contractor, in th,-
event of any dispute or
controversy with City oyez
-any matter whatsoever, shall
not cause any delay ):
cessation in or of the
Contractor's work, but :�ha_
proceed under this contract
with the performance of th,
w_>k r��czuired thereby.
18.13 The disputed work
w:._l Lie categorized as an
°'unresolved dispute" and payment
if any, shall be as
later determined by mutaa
<gi-eement or a court of law.
Contractor will keep acctr::ate,
dE,tai led records on all
disputed work, c la.ims ar d
-i . ;pw- ed mat t ers .
18.14 The terms and condi- :4r.s,
ptarns and specifications
and all contract documerc
Y er e_ n _are intended to be
complimentary. Work rE!gai,
ec ly cne and not by others
shall be done as if regi.,_i ,-
b,; i ,
18.15 Submittals will b «,,
c, r : z c for al 1 Contractor
furnished equipment.
18.16 Contractor will f;cnlsli
and install necessary
weather proof switch, seal
Anc co-crete (reinforced) pad
next to future restroorr
building in a location as
directed by City. A 4" s.,e
wi. 1 be put from panels,
underground, and up in
�le'tfic room in future
building. When work undE
t- h-�i is contract is complete,
diamond 42 wi.l� be lit arc{
t!i- w, -, future diamonds will
be ready to hhok up from
t_: I bc:::es near poles and all
switch gear for 3 diamona_;
nst ,i_, -led, except for two
panels and two contactors
iot f:eEd ball diamonds number
one and three (Space n
w t c;;t jear will be provided
under this contract f( -L
rE E erns). Space is also
provided for ; pol,a _
)reakers, 40 volts, to
seed these two panels
ir_:l_i s `or new restroom /
concession stand wily )e
hook up to sub panel
through .,weep.
Bidder's Initials
00146
18.17 Contractor ackn(oA,ledge that the existing
underground conduit, pu_1 k,Dxes and underground systems
for ball diamond lighting, and E >ecurity lights, were
installed by Electro under previous
contract. The City is rel,r_Lr,g on these systems to be
complete as installed by El.sctr(_,, and Contractor agrees
there will be no addition i_ :n< roes to modify these
existing installations if r[4o:Aifa ',ions or changes are
required.
18.18 Incorporation by Reference. The following items
are incorporated into this -orit.ract by this reference:
1. Notice Inviting 31c cyi,,i Bid Documents dated
February "'_3, 1995.
2. As builts of conduit �� 1i o }:�
3. Balifield lighting p_: .
4. Musco submittal dated 1,ec,embc :! r 13, 1994.
5. Electrical specificat -n;�.
6. All rules and rega.at_on; of entities having
juri_sdict Lon over t h N Y_ _"
7. Forms.
18.19 This agreement sup(- rcede, agreement in "Notice
Inviting Bids" dated Februr -a:y ' ? , _995.
Bidder's Initials
00147
IN WITNESS WHEREOF, the partL �, hereto have caused this
Agreement to be executed :hE day izci year first above
written.
CITY OF MOORPARK ELEC'TRO CONSTRUCTION
CORPORATION
By By
Mayor of City of Moorpark
Date:
ATTEST:
City Clerk of the City of Moorpa O.
Date:
Title
Dat -.
Bidder's Initials 00148
AGREEMENT
ATTACHMENT "A"
PAYMENT SCHEDULE
PAYABLE PURSUANT TO PAGE F -2 (90 %/10 %)
It is understood and agreei that the following Major
Milestones w111 be used t.o a.lculate payments to the
Contractor. ?mounts to be base:', upon ;'ontractor Schedule of
Values which mi_i;_;t be approved by th City. Intermediate
Milestones mad established .1; iris Contractors Schedule
of Values and i:icorporated Int, t-lis = ayment Schedule prior
to the first application f0�r aymenl City must approve
Intermediate Milestones and amc>>,r 3 `' ie items below include
all Contractor profit and cc7er i.;�,ici r(� Lated labor materials
needed to achieve the Milestcn(- MI_le;,tones are not intended
to dictate Contractor's sequel', in of construction. City
may, at his s(:le discretion make "ir of partial payments.
MILESTONES.
No. Description Percentage Amount
1) Upon compl.et ion, inspect ics 1 o $6,436.00
and acceptance of settir -g
of poles and standards.
2) Upon completion, inspecti(a. 0 600 $25,745.00
tie in tc existing facilit s
and al L :,n %iuct runs cot nF,,
at all
3) Upon completion, inspectic.». and 250 $10,727.00
acceptance of all work und(
this constrict, system cpe. -
tional and accepted by ('it,.
F 1
TOTAL: $42,908.00
Bidder's Initials l►n
ATTACHMENT "A"
PAYMENT SCHEDULE
Total Contract: $42,908.00
PAYABLE AS F01 LLO)/JS :
1. "Ninety Percent (90 %) of -1--y-approved monthly invoices.
Monthly invoices will be Based upon the City- approved
milestones complete, and extent of inspections, tests
and City's acceptance, of Each individual item shown on
the payment schedule to. -hF pay period involved and
compliance with all req,_ci :� �ner�t ;�, . ; f the contract.
2. Ten percent (10 %) fifty
fr
execute "'e]Lease on Ccn°
days after 1)
all work
under this contract is
��ompLeted,
�.f t teir agents, from all
inspected and
accepted
by all regulatory agenc::,
r.;. the work or for any
11 ;
my remaining
pick up
work is _'ompl(,ted, 3)
_ti l_
F r:a i
documentation
received
and approve(j, 4) City
hcl
r. 1 f
ed that there are no
unresolved disputes
- ;.1) will be made to the
la:i.rias
arising out
of the
contract and 1) Notice
c
�cn t; J. et
ion has been
recorded
by the _ t , whichever
E,
3. Certifie(� payroll repor n:l eq, ilred releases must be
submi I �: 1f I: each ap , 1 t )r payment (use City
acceptax). e orrns i .
4. All paymE: nits shall be i r with the provisions
of the Agreement and Faye r,nr :- chedule. The items of
work for the project a7 . `�cwr. is the Payment Schedule
and consist of lump sun i r em,, for payment. It is the
intent of these specifi( at, 1- )ms t hat the cost of all work
shown or specified but nc' sped,. i=- i_cally included in a
lump sum item, shall be c.r�s= .��ere< as being included in
the amounts bi.d for items in the bid
propos'z.L .
5. Prior t(_) receiving final
<,y:r[�?r:t. the Contractor shall
execute "'e]Lease on Ccn°
form which shall operate
as, anc) .;ra:l he, a rel�-a.
t rE City, the Council and
each of the Courlc
�.f t teir agents, from all
claims ai r, lability to
cl " ( :):r for anything done
or fern ,hed for, or rF�l
r.;. the work or for any
act of neglect of the C_
ny person relating to
or affecting the work, ex� Err
t re Maim against the City
for the remainder, if ttie-
f F ,n� , of the amounts kept
or retained : s provided 7
ne ect Manual and except
for arr, -' 1,ri;E,rt -ed claim.
F;. ;; said form which have
been f i j -" i n compl lair-
w i_ t_ he requirements for
making .tn: A payme
- ;.1) will be made to the
C'ontr ,-pct _ exe( it .�i.:
. F-nr .
00150
Bidder's Initials
6. Another requirement pri()r ?_)
receiving the final payment
is that the Contractor sh,i
l Eile with the City Manager
his /her affidavit sworn
t, before a Notary Public
stating that all workers .51;_i
pe:r_ sons employed, all firms
supplyirig materials a;id
1:. uk) contractors upon the
project, have been pai:f L
and that there are no
bills oIU :stctjcj, ng agai: -�i
t Pr__Ject for either labor
or matez la is except c(,r
1 it(,ms, if any to be set
forth i r. ;:.1ch of f i day r
e I i plc disputed claims or
items in connection wit
i ,11 :I'1c)tices to Withhold have
been filed under the I-rr)
c 1,;r1s of the Code of Civil
Procedure. The filin<.
D affidavit by the
Contractor shall be a prey
h ;it - -, or the making, by the
City, of the final paymer,
X11 -.}ie Contract-. Less any
City
sary pursuant to the
Proj ec,_ MCzntia l
7. Three �)f all r(_q 1
J, , r ��Ieases and certified
payroll ; luist I e submit, e
payment request -
one set mug r bF, an orig rl -
8. Change orders will be sr_.
-� ,eparately on application.
(After subtotal of ori:Ti :,
1 _ rlilestone items) . Change
orders may be Listed on.y
� �.�ert.�.ed by both parties.
Bidder's Initials