HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 10Q ITEM 10.Q.
CITY OF MOORPARK,CAL9F0:-:N A
City Council Meeting
MOORPARK CITY COUNCIL G- l-an�7
ACTION:
AGENDA REPORT
sv:
TO: Honorable City Council
FROM: Jason La Riva, Landscape/Parks Maintenance Superintendent
DATE: June 8, 2017 (Council Meeting of 6/21/17)
SUBJECT: Consider Agreement with Taylor Tennis Courts, Inc. for Pickleball
Courts at Tierra Rejada Park (Project C0046)
BACKGROUND AND DISCUSSION
On September 19, 2016, the Parks and Recreation Commission (Commission) made a
recommendation to the City Council to install four pickleball courts at Tierra Rejada
Park. On February 15, 2017, the City Council approved the Commission's
recommendation and adopted Resolution No. 2017-3557, amending the FY 2016/17
budget by $37,500 for the construction of the pickleball courts.
An informal request for bids for Pickleball Court Surfacing and Equipment was publicly
advertised on May 11, 2017. Three bids were received by the due date of May 25,
2017. The results are as follows:
Company Address Total Bid
Amount
Taylor Tennis Courts, Inc. 1250 N. Loma Circle Anaheim, CA 92806 $20,400.00
Zaino Tennis Courts, Inc. 950 N. Batavia St. Orange, CA 92876 $24,347.00
Pacific Tennis Courts, Inc. 530 Los Angeles Ave. Moorpark, CA 93021 $44,444.00
The proposals were evaluated on their completeness and cost. The low bidder is Taylor
Tennis Courts, Inc. Taylor Tennis Courts possesses the necessary qualifications,
resources, and experience to perform the work.
The City Council approved an agreement with Taylor Tennis Courts, Inc. in the amount
of $65,837.50 on April 15, 2017, for the multi-use court surfacing and basketball court
project at Arroyo Vista Community Park. The pickleball project is being brought to the
City Council for approval due to the fact that the combined value of the multiple
agreements with Taylor Tennis Courts, Inc. exceeds City Managers signing authority.
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Honorable City Council
June 21, 2017
Page 2
FISCAL IMPACT
Resolution No. 2017-3557, approved by the City Council on February 15, 2017,
includes funding for this project. No additional appropriation is being requested.
STAFF RECOMMENDATION
Award Agreement to Taylor Tennis Courts, Inc. in the amount of $20,400, plus a 15%
contingency of $3,060, for a total contract value of $23,460, and authorize execution of
the Agreement by the City Manager, subject to final language approval by the City
Manager.
Attachment:
1. Agreement with Taylor Tennis Courts, Inc.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
TAYLOR TENNIS COURTS, INC., FOR PICKLEBALL COURT
SURFACING AND EQUIPMENT
THIS AGREEMENT, executed as of this day of
2017, 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 pickleball 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 June 21, 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 of City Council approval on
June 21, 2017 until completion of the work identified in Exhibit D: Informal Bid Proposal,
and in conformance with Exhibit C: Contractor's Bid Proposal, 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 May 22, 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: Informal Bid
Proposal, attached hereto and incorporated herein by this reference as though set forth
in full and hereinafter referred to as Exhibit D. Where said services, as set forth in
Exhibit C and Exhibit D, are modified by this Agreement, or in the event there is a
conflict between the provisions of Exhibit C and Exhibit D and this Agreement, the
language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C and
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
twenty thousand four hundred dollars ($20,400.00) as stated in Exhibit C, plus a 15%
contingency in the amount of three thousand sixty dollars ($3,060.00), for a total
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contract value of twenty-three thousand four hundred sixty dollars ($23,460.00), 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
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 twenty thousand four hundred dollars ($20,400.00),
plus a 15% contingency in the amount of three thousand sixty dollars ($3,060.00), for a
total contract value of twenty-three thousand four hundred sixty dollars ($23,460.00) for
the total term of the Agreement unless additional payment is approved as provided in
this Agreement.
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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
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
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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
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.
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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.
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.
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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
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.
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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 disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person, or any other basis
protected by applicable federal, state or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [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 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.
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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
Taylor Tennis Courts, Inc.
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
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
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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, Exhibits
C and D, 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.
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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
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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.
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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
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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,
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Taylor Tennis Courts, Inc. Page 13 of 18
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
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Taylor Tennis Courts, Inc. Page 14 of 18
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 when required by City. City
shall determine the liability limit.
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Taylor Tennis Courts, Inc. Page 15 of 18
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.
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Taylor Tennis Courts, Inc. Page 16 of 18
(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
267
Taylor Tennis Courts, Inc. Page 17 of 18
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.)
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Taylor Tennis Courts, Inc. Page 18 of 18
Exhibit C
ATT ACHr1ENT I
E=lB P •PSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Pickleball Court Surfacing and Equipment
Moorpark, California
Bids to Be Received–May 25, 2017 at 11:00 a.m.
/,),/ s Z:72.AW/5
�
CONTRACTOR
Name
Street Address /Z S-U /.Vii- (C/ vt..
City AA6, - ! W1 State Cr Zip Code
Telephone Number –7C-( ` 6 3 Z" 3 _—_--
Contractor's License No`l 75 t-(0.3 Class D-'✓7 Expiration Date_ /5' /17
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder ��0-
Title
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Informal Bid – Pickleball Court Surfacing and Equipment
May 2017
Page 8
PF=:,%POSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time:May 25, 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.Pickleball 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: 7;47 (#y 62i,37C /14- C.
By: -----------------
(Signature—''rized Representative)
270
Informal Bid - Pickleball Court Surfacing and Equipment
May 2017
Page 10
N N—C iLLUSFON DECO..ARA 110N
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares: J
I am the
�„ of _�/ ,�r�V � a�r3 ik 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 nd cor ect and that this deltion is executed on _ �2��<_2__—_—[date], at
[city], [state].
7 -1/ k-04,13 6z,(2, it
Name of Bidder: Name of Bidder
Signature of Bidder: Signatur Bidder
(,73 Al Let- 61444 rar
Address of Bidder: Address of Bidder Ana tLe/ _g2c6
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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Informal Bid – Pickleball Court Surfacing and Equipment
May 2017
Page 11
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: 5g 5 •
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 J
Customer Name: __ �� Leew 77 c&
Contact Individual: USS I plod Phone No. `7I -(- 3• °67V
Address:
Contract Amount: --)v�-Doe. — Year: 26 i S
Description of work done:
--2es .f C� � � AIDS S - 7
—f iia dz(S C -d14 -
Reference No..2 ----
Customer
Customer Name: � �Sa 5 ,S '5 /-e--/y/ r3
Contact Individual: f)ten Phone No. Sr f - 522- 9/�o
Address:
Contract Amount: /3 o oma. Year: -2_c.)
Description of work de: /
l 5r�( c V 6/(—I
Reference No. 3
Customer Name: � 77� 6'4"
Contact Individual: �4/lre- / f det, Phone No.-3io c-ci 3 Z
Address:
Contract Amount: o a- — Year: 2.0'/J'
Description of wprk do /
• e8.15
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Informal Bid - Pickleball Court Surfacing and Equipment
May 2017
Page 13
1I`"LtANCE ,"1TH E'MIRO NMENTAL, IE .LTH
AND SAFETY ST NDA'.DS
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: _ _� ( �- � iJ
Title:
Date: _- q2- 7L71
-- —
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Informal Bid— Pickleball Court Surfacing and Equipment
May 2017
Page 15
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
T• 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
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Informal Bid— Pickleball Court Surfacing and Equipment
May 2017
Page 17
F IDDER'S ST; TEMENT OF SUBCONT' AZTS!S
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 amount1. (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:
747/1/1 —e 57146,Iry/
Classification:
Subcontractor Address: Subcontractor Phone:
2�oS 2tc« /�- �tdie/6 y (
Type of Work: Percent Work to
be done:
5)1 v/ t� C4e 33/6
Subcontractor Name: License No:
Classification:
Subcontractor Address. Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Cla 'fication:
Subcontractor Address: Subcon tor Phone:
Type of Work: cent Work to
be e:
(attach more sheets if necessary)
Total Percen age 2
Sign (s) of Bidder Date
Based on contract price
2 May not exceed 50%of contract price.See Greenbook Section 2-3.
275
Exhibit
QPaK c4`"� CITY OF MOORPARK
PARKS,RECREATION .COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021
9,04111.1111r Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov
May 3, 2017
RE: PICKLEBALL COURT - TIERRA REJADA PARK
Proposals due by: May 25, 2017 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 Pickleball court design layout, demolition, construction, repair,
painting, and chain link fence installation per approved proposal, incorporated herein as
Attachment 1.
Location:
Tierra Rejada Park
11900 Mountain Trail Street
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
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember 2 7 6
Informal Bid — Pickleball Court Surfacing and Equipment
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received at the proper time. Any bid received after the scheduled closing time for receipt
of bids will be returned to the bidder unopened.
2. Required Licenses: Bidders must hold a valid A, C-32, D-47 or C-12 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
City has 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 CBD 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
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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
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
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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;
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. May 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. May 22, 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)
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2 — City Standard Agreement and Insurance Requirements
3 — Form of Payment and Performance Bond
4 —Architectural, Design, Construction Documents for Pickleball Court Installation(s)
280
ATTACHMENT 1
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Pickleball Court Surfacing and Equipment
Moorpark, California
Bids to Be Received — May 25, 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
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BID PROPOSAL (continued)
PROPOSED SCHEDULE OF WORK AND PRICES — SCHEDULE A
(BASE BID)
Item Description Qty Unit Total
Tierra Rejada Park: Surface coatings for complete
PICKLEBALL court conversion, (4 courts) including
design layout, concrete surfacing repairs, multi stage
coating system, nets, in-ground poles and equipment,
and all Pickleball court striping per U.S.A. Pickle Ball
Association standards.
1 NOTE: All surfacing, coatings, and striping material(s) 1 LS
shall be manufactured by Deco Surfacing Systems and/or
California Products Corporation (or equal), including but
not limited to:
• Plexipave System
• Plexipave Court Patch Binder
• California Acrylic Resurfacer 920-29 4200
48" High, 11 gauge galvanized chain link barrier fencing Lin/
2 for Tennis court and Pickleball court delineation installed 150 Ft.
(cored) in concrete
TOTAL (numbers) $
TOTAL (words)
Number of working days for completion: 15
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.
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BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: May 25, 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 Pickleball 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)
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Title: Dated:
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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)
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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:
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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
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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:
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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:
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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
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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
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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
1 Based on contract price
2 May not exceed 50%of contract price. See Greenbook Section 2-3.
292
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 Pickleball 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 Pickleball 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
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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
($XXXXX) 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 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
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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
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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
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($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
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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
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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
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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
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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
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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
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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 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
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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
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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.
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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
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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
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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, 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.
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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
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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.
310
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:
Pickleball 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
311
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember
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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.
•
312
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 38
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:
Pickleball 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. 313
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 39
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.
314
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 40
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#
315
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Pickle Ball Court 1- .`..,./.ir_,
1" = 188 ft Project 04113 ^017 -di, i• I ,
This Iran represents a 16uaI dlsola ct relete•1 geograpr c rltarnatlan.D. prcvlc y lerean Is nc1 a guarantee of 3:11J21 reid:.c r)dtt Ins TJ ce sU'e at c anpiele ac:vac)'
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Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 42
ATTACHMENT 4 (continued)
Tierra Rejada Park Pickleball Courts Conversion
Overall View
V
<=s.
317
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 43
• ATTACHMENT 4 (continued)
Tierra Rejada Park Pickleball Courts Conversion
West Facing View
•
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318
Informal Bid ® Pickleball Court Surfacing and Equipment
May 2017
Page 44
ATTACHMENT 4 (continued)
Tierra Rejada Park Pickleball Courts Conversion
North Facing View
ITC
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319
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 45
ATTACHMENT 4 (continued)
Tierra Rejada Park Pickleball Courts Conversion
South Facing View
4 .�
tie
320
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 46
•
ATTACHMENT 4 (continued)
Tierra Rejada Park Pickleball Courts Conversion
North Facing View
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321
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 47
ATTACHMENT 4 (continued)
Pickleball Courts Layout (sample)
1
i
Approx 47'
Barrier
Fencing 1
4'T.
"T
T
15'
1
10fiei
322
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 48
ATTACHMENT 4 (continued)
Pickleball Layout (sample)
70 it.iinclusi4e of bees) 1
"44%
-PintrArt,
la ft
•
‘4,e0
\48 ft.4 in.
Recommend Net Pusts Extent 12 itt.lisitle Siderm,
RECUMMEINf line Widths:2 in.
Net Height at Sideline 38 in ;
(34 at Camel
V - 44 ft.
, (inclusive of lines,
Nen-VallEy 7 ft.
heft Right
&deline Service Service
Area Area ;15 ft. I
/
I 1
y
Baseline' Centerline
line Trances
-
Net he to outside of NVZ tme 7+1-1/B"
-Net line to outside of baseline:r l/4
-Outside sideline to outside sideline.:2tF+1-1/4
-Outside sideline to ente4ine lU +1-I/8"
°japedimension to outside of 4neT 48 4"4. 3/4
323
1
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 49
•
ATTACHMENT 4 (continued)
Tierra Rejada Tennis Court Fencing
Barrier Fence - North Facing View
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324
Informal Bid ® Pickleball Court Surfacing and Equipment
May 2017
Page 50
ATTACHMENT 4 (continued)
Tierra Rejada Tennis Court Fencing
South Facing View
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Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 51
• ATTACHMENT 4 (continued)
Tierra Rejada Tennis Court Fencing
North Facing View
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326
1
Informal Bid — Pickleball Court Surfacing and Equipment
May 2017
Page 52
•
ATTACHMENT 4 (continued)
Tierra Rejada Tennis Court Fencing
North Facing View.,
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