HomeMy WebLinkAboutAGENDA REPORT 2018 0321 CCSA REG ITEM 10P CITY OF MOORPARK, CALIFORNIA
City of Moorpark
of March 21, 2018
ACTION Approved staff Item: 10.P.
recommendation
By M. Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Allen Walter, Landscape and Parks Superintendent
DATE: March 12, 2018 (CC Meeting of March 21, 2018)
SUBJECT: Consider Agreement with Magnum Fence and Security, Inc., for On-
Call Fencing Installation and Repair Services
BACKGROUND AND DISCUSSION
The City currently utilizes and maintains a wide variety of fencing types (chain-link, lodge
pole, wrought-iron, etc ) at its various properties, parks and facilities This fencing
routinely requires servicing and repair for reasons ranging from age-related wear and tear
to damage from unanticipated events like auto accidents and vandalism To address
these fence maintenance issues, staff is recommending that the City contract with a
licensed fencing contractor for on-call fence repair and installation services
In December 2017 staff distributed a request for proposals (RFP) for fencing related
services to four (4) licensed fencing Contractors, Magnum Fence and Security, Inc
(Magnum), Fence Factory, Alcorn Fencing, and Golden State Fence Company The RFP
requested unit costs for a variety of fencing equipment and related services commonly
required by the City Only Magnum provided a bid for this work The itemized bid costs
are summarized in the table below
BID ITEM UNIT PRICE
1 Installation of 6' High Temporary Construction Fence $6 25 I f
2. 4' High Chain Link Fence, Galvanized $22.461.f.
3. 6' High Chain Link Fence, Galvanized $26.371.f.
4. 8' High Chain Link Fence, Galvanized $45.271.f.
5. 4'H x 5'W Gate, Galvanized, Single Swing $2,008.00 each
6. 6'H x 5'W Gate, Galvanized, Single Swing $2,626.00 each
7. 6'H x 12' Wide Gate, Galvanized, Double Leaf Swing $2,726.00 each
8. 8'H x 12' Wide Gate, Galvanized, Double Leaf Swing $4,097.00 each
9. Bottom Tension Wire, Galvanized, 7-Gauge $2.861.f.
10. Install and Substitute 3" Steel Posts $249.44 each
11. Adjust, Straighten, Tighten, Repair Existing Fencing $6.871.f.
12. Install 4' High Lodge Pole Pine, Fence $71.361.f.
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City Council Meeting
March 21, 2018 Regular Meeting
Page 2
13. Install 4’ High Redwood Fence $76.63 l.f.
14. Install 4’ High Concrete 2-Rail Fence $98.62 l.f.
15. Install 4' High Concrete 3-Rail Fence $108.97 l.f.
16. Install 6' High (Wrought-Iron) Picket Fence $63.03 l.f.
17. Forman for Fence Construction / Repair $112.50 l.f.
18. Laborer for Fence Construction / Repair $108.50 l.f.
19. Forman’s Helper $108.50 l.f.
Magnum is a licensed contractor registered with the California Department of Industrial
Relations and holds a valid C-13 State of California Fencing Contractor’s License. Staff
feels they have the qualifications and experience to properly perform services as needed.
Staff is requesting that the City Council approve a one-year Agreement with Magnum,
with compensation not to exceed $70,000 for the initial term ending June 30, 2019, and
$50,000 annually for any subsequent term extensions. The Agreement includes a
provision to extend the term for two additional one-year periods. The total contract value
over the three-year term would be equivalent to $170,000.
It should be noted that funding for fencing projects will be determined during the City’s
annual budget process. Normal maintenance and repair services will generally be funded
from the operations budget. The City may at any time, with or without cause, terminate
the Agreement by providing the contractor ten days written notice.
FISCAL IMPACT
Funding has been included in the Fiscal Year 17/18 budget for fencing services. Staff is
not requesting additional appropriation for these services.
STAFF RECOMMENDATION:
Approve Agreement with Magnum Fence and Security, Inc., with compensation not to
exceed $70,000 for the initial term ending June 30, 2019, and $50,000 annually for any
subsequent term extensions, subject to final language approval of the City Manager.
Attachment: Agreement with Magnum Fence and Security, Inc.
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Attachment 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MAGNUM FENCE AND SECURITY, INC. FOR FENCING INSTALLATION AND
REPAIR SERVICES
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2018, between the City of Moorpark, a municipal
corporation (“City”) and Magnum Fence and Security, Inc., a corporation (“Contractor”).
In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
WHEREAS, City has the need for fencing installation and repair services at
various City facilities, parks, landscape maintenance districts, and miscellaneous
properties; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution and will expire on
June 30, 2019, unless this Agreement is terminated or suspended pursuant to this
Agreement.
Upon the mutual consent of both parties, the term of this Agreement may be
extended by a written amendment executed by both parties for two (2) additional one
(1) year periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide fencing installation and repair services at various City
facilities, parks, landscape maintenance districts and miscellaneous properties, as set
forth in Exhibit C and Exhibit D. 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.
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit D. Compensation shall not exceed the rates or total contract value of
seventy thousand dollars ($70,000) during the initial term ending June 30, 2019. During
any subsequent extended terms, compensation shall not exceed the rates or contract
value of fifty thousand dollars ($50,000) annually, without a written amendment to the
Agreement executed by both parties. Payment by City to Contractor shall be in
accordance with the provisions of this Agreement.
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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 their ability,
experience, standard of care, 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 Ralph J. Coolman, 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
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. Compensation shall not exceed the rates or total
contract value of seventy thousand dollars ($70,000) during the initial term ending June
30, 2019. During any subsequent extended terms, compensation shall not exceed the
rates or contract value of fifty thousand dollars ($50,000) annually, unless additional
payment is approved as provided in this Agreement.
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Contractor shall not be compensated for any 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 the 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. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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 this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
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 or
suspend 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, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have five (5) days after service upon it of said notice in
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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 ($150) 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. 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 the City’s 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 without cause 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 and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
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reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth 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 this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
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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.
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 Sec. 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
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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
Services 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 Services 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.
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: Ralph J. Coolman
Magnum Fence and Security, Inc.
1070 North Ventura Ave
Ventura, California 93001
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.
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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. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain 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.
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26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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, and Exhibits hereof.
27. 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.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
29. 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.
30. 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.
31. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK MAGNUM FENCE AND SECURITY, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager Ralph J. Coolman, President
Attest:
_________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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 requirements set forth here, Contractor agrees to amend, supplement, or endorse
the existing coverage 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 the 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 Insurance using Insurance Services Office (ISO)
“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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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 for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
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. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
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 discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any 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, the 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
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premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Contractor agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or subcontractor 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 Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance 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
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. 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 contemplated by
this Agreement to self-insure its obligations to the 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.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor
ninety (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 the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
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requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement, as required in these
specifications, applicable to the renewing or new coverage, must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
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assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. 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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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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(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
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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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CITY OF MOORPARK
December 21, 2017
Proposals due by: Friday, January 12, 2018 at 5:00pm
The City of Moorpark is considering entering into a Contractual Agreement with a
Licensed Fencing Contractor to provide fencing services at various City owned
properties. The City is proposing a one-year Service Contract for $50,000 with an option
for two additional one year periods for a Contractor to provide fencing installation and
repairs services as requested.
INFORMAL BID PROPOSAL
The Bidding Fence Contractor is required to provide fencing services listed in Scope of
Services (Attachment 2), and follow the Technical Specifications for Chain Link Fencing
in Attachment 3.
To determine the Contractor with the lowest cost for fencing services the City is
requesting the bidding fencing Contractors provide a bid proposal. The Contractor shall
provide a cost for each item listed in Contractors Bid Proposal (Attachment 4) and
submit to the City for consideration. The award of the Contract will be based on the
lowest prices submitted by the Contractor for fencing installation and repairs services.
Contractor Responsibilities:
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 fence installation and repair services.
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.
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
142
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 Storm water Pollution Control Plan (SWPCP) and completing and
maintaining all supporting documentation, if there are questions, Contractor may
contact the NPDES Coordinator in the Public Works Department at 805-517-6257.
Contractor Requirements:
1. Required Licenses: Bidders must hold a valid C-13 State of California
Fencing Contractor's License, and have carried a valid C-13 license for
minimum of 5 years.
2. Bidders must meet the attached insurance qualifications to be selected.
Please review, the attached insurance requirements (Attachment 1) prior to
submitting a proposal.
Forward Proposal Response to:
Allen M. Walter
City of Moorpark
799 Moorpark Ave
Moorpark, California 93021
E-Mail: awalter@moorparkca.gov
If you have, any questions please contact me at the City of Moorpark at (805) 517-6360
or by e-mail.
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ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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 requirements set forth here, Contractor agrees to amend, supplement, or endorse
the existing coverage 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 the 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 Insurance using Insurance Services Office (ISO)
“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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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 for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits
as required by law with employer’s liability limits no less than $1,000,000 per accident or
disease, if applicable.
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. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subContractors, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all Contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all Contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any Contractor or subcontractor.
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 discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any 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, the 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 the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
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8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Contractor agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, 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 Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance 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
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. 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 contemplated by
this Agreement to self-insure its obligations to the 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.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor
ninety (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 the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
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16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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ATTACHMENT 2
SCOPE OF SERVICES
SCOPE OF WORK
To furnish all labor, equipment and tools required for the installation and repair of
chain link, wood and concrete post/rail fencing, including required pickup and
transport, in accordance with the specifications of this bid. To supply required
equipment and labor to remove, haul and properly dispose of any debris or excess
fill material as developed during the fulfillment of this contract.
WORKING HOURS
The standard work week shall be considered as Monday through Friday, from 7:00
AM through 4:00 PM; excluding normal holidays granted to City employees.
Workdays are exclusive of Saturday and Sunday.
Work shall normally be scheduled to commence during the standard workweek hours,
however, if both the Contractor and City personnel agree, work can be
accomplished during hours other than those detailed as standard workweek hours.
STANDARD SERVICE REQUIREMENTS
The work consists of furnishing all labor, material, equipment and incidentals
necessary for the construction of the contract items indicated by the Proposal within
City streets, rights-of-way and other City-owned property. All work shall be in
accordance with the City’s CONSTRUCTION STANDARDS AND
SPECIFICATIONS, and the CALIFORNIA BUILDING CODE except where stated
otherwise herein.
When required, the contractor must apply for and obtain a building permit. The
contractor will be responsible for all design and drawings as well as permit
applications. Contractor will be reimbursed for permit cost.
Work shall be authorized by written work A list of employees authorized to direct
work, will be provided to the successful bidder upon award.
Suitable barricades and lights shall be placed by the Contractor to protect the public
prior to the installation and/or removal of assigned fencing projects and shall
remain until the work is completed. Barricades and lights shall be removed as soon
as possible thereafter.
The quantities of work in the Proposal section of this contract are rough
approximations only. The total quantities of work to be included in this contract
and actually performed may vary widely and some items may be completely
eliminated depending upon the work that will be authorized by the City during the
period of this contract, by field conditions or availability of funds.
148
TRAFFIC CONTROL
Contractor shall be responsible for maintaining traffic in accordance with the California
Department of Transportation standards and all applicable local requirements.
Contractor shall be responsible for obtaining all applicable permits for maintenance of
traffic.
PROTECTION AND RESTORATION OF SURVEY MONUMENTS
The Contractor shall carefully protect from disturbances all survey monuments,
stakes and bench marks, whether or not established by him, or he shall not
remove nor destroy any surveying point until it has been properly witnessed or
otherwise disposed of by the Engineer. All major survey monuments such as section
corners, property corners, or block control points shall be replaced at the Contractor’s
expense with markers of a size and type approved by the Engineer. The replacement
shall be under the supervision of a California Registered Land Surveyor.
SURVEYING BENCH MARKS AND CONTROL POINTS,
When and where required the City Surveyor will establish the initial benchmarks,
control points, and one set of construction stakes for the median curb, at no charge to the Contractor. The Contractor shall be responsible for requesting the construction
stakes at least five working days in advance of when stakes will be needed. The
Contractor is responsible to protect and preserve all reference points and stakes established by the City Surveyor. In the event the stakes are damaged or moved,
the Contractor shall be responsible for re-establishing the field reference points and
stakes at his own expense. The City Surveyor will obtain all as-builts. All requests for
survey work shall be directed through the City Engineering Inspector.
EMERGENCY SERVICE REQUIREMENTS
The Contractor shall provide, if requested, temporary fencing within forty-eight (48)
hours from initial contact by the City.
CONTRACTOR’S RESPONSIBILITIES:
A. Contractor shall repair or correct any damage caused to underground and/or overhead
utilities in the installation and/or repair of fencing, at no additional cost to the City.
B. Contractor shall repair or correct to the satisfaction of the City, any damage to City
and/or private property as a result of fence installation and/or repairs, at no
additional cost to the City. This includes, but is not limited to: repair to concrete
sidewalks or medians.
C. Damage to public and/or private property shall be the responsibility of the Contractor
and shall be repaired and/or replaced in a timely fashion at no additional cost to the
City.
D. When removing fencing and not installing replacement fencing, the Contractor shall
provide material and labor to backfill the excavation hole to a level even with
surrounding grade lines. The Contractor shall be responsible to furnish additional fill if
required.
E. Any fencing material either purchased damaged, or damaged during handling,
transporting or installation by the Contractor, shall be replaced at the expense of the
Contractor. Contractor shall haul and dispose of any and all debris or fill
developed as a result of removal, installation or repair under this contract, at no
additional cost to the City.
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ATTACHMENT 3
TECHNICAL SPECIFICATIONS FOR CHAIN LINK FENCING
DESCRIPTION
This item shall consist of furnishing and erecting a chain-link fence in accordance
with these specifications and the details shown on the plans and in conformity with
the lines and grades shown on the plans or established by the Engineer.
MATERIALS FABRIC
The fabric shall be woven with a 9-gauge galvanized steel wire in a 2-inch mesh and shall meet the requirements of ASTM A-392, Class 2.
POSTS, RAILS AND BRACES
Posts, rails, and braces furnished for use in conjunction with zinc-coated, zinc-
5%aluminum mischmetal alloy coated, or aluminum-coated steel fabric shall be of
zinc-coated steel, zinc/polymer-coated steel or zinc-5% aluminum mischmetal alloy
coated steel framework. Those furnished for use in conjunction with aluminum alloy
fabric shall be aluminum alloy.
Line posts, rails, and braces shall be one of the following:
Galvanized steel pipe shall conform to the requirements of ASTM F 1083, or
Roll-formed sections shall be fabricated from material meeting the
requirements of ASTM A 570, Grade 45, and shall be galvanized in accordance with
the requirements of ASTM F1043, Type A, or coated with zinc 5% aluminum
mischmetal alloy in accordance with ASTM F 1043, Type C.
Post, rails, and braces shall demonstrate the ability to withstand testing in salt spray in
accordance with ASTM B-117 as follows:
Exterior: 1,000 hours with a maximum of 5% red rust.
Interior: 650 hours with a maximum of 5% red rust.
The dimensions of the posts, rails, and braces shall be in accordance with Tables I
through VI of Fed. Spec. RR-F-191/3.
GATES
Gate frames shall consist of galvanized steel pipe and shall conform to the
specifications for the same material under section POSTS, RAILS AND BRACES. The
fabric shall be of the same type material as used in the fence.
WIRE TIES AND TENSION WIRES
Wire ties for use in conjunction with a given type of fabric shall be of the same
material and coating weight identified with the fabric type. Tension wire shall be 7-
gauge marcelled steel wire with the same coating as the fabric type and shall conform to
ASTM A-824.All material shall conform to Fed. Spec. RR-F-191/4.
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MISCELLANEOUS FITTINGS AND HARDWARE
Miscellaneous steel fittings and hardware for use with zinc-coated steel fabric
shall be of commercial grade steel or better quality, wrought or cast as
appropriate to the article, and sufficient in strength to provide a balanced design
when used in conjunction with fabric posts, and wires of the quality specified herein.
All steel fittings and hardware shall be protected with a zinc coating applied in
conformance with ASTM A-153. Barbed wire support arms shall withstand a load of
250 pounds applied vertically to the outermost end of the arm.
CONCRETE
Concrete shall be of a commercial grade with a minimum 28-day compressive
strength of 3,000 psi.
MARKING
Each roll of fabric shall carry a tag showing the kind of base metal (steel,
aluminum, or aluminum alloy number), kind of coating, the gauge of the wire, the
length of fencing in the roll, and the name of the manufacturer. Posts, wire, and
other fittings shall be identified as to manufacturer, kind of base metal (steel,
aluminum, or aluminum alloy number), and kind of coating.
CONSTRUCTION METHODS CLEARING FENCE LINE
All trees, brush, stumps, logs, and other debris which would interfere with the
proper construction of the fence in the required location shall be removed a minimum
width of 2 feet on each side of the fence centerline before starting fencing
operations. The cost of removing and disposing of the material shall be provided by
the City prior to the fence installation
INSTALLING POSTS
All posts shall be set in concrete at the required dimension and depth and at the
spacing shown on the plans.
Posts should be spaced not more than 10 feet apart and should be set a minimum of 24
inches in concrete footings. The posts holes shall be in proper alignment so that there is
a minimum of 3 inches of concrete on all sides of the posts.
The concrete shall be thoroughly compacted around the posts by tamping or vibrating
and shall have a smooth finish slightly higher than the ground and sloped to drain
away from the posts. All posts shall be set plumb and to the required grade and
alignment. No materials shall be installed on the posts, nor shall the posts be
disturbed in any manner within 7 days after the individual post footing is completed.
INSTALLING TOP RAILS
The top rail shall be continuous and shall pass through the post tops. The coupling
used to join the top rail lengths shall allow for expansion.
INSTALLING BRACES
Horizontal brace rails, with diagonal truss rods and turnbuckles, shall be installed at
all terminal posts.
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INSTALLING FABRIC
The wire fabric shall be firmly attached to the posts and braced in the manner
shown on the plans. All wire shall be stretched taut and shall be installed to the
required elevations. The fence shall generally follow the contour of the ground, with
the bottom of the fence fabric no less than 1 inch or more than 4 inches from the
ground surface. Grading shall be performed where necessary to provide a neat
appearance.
At locations of small natural swales or drainage ditches and where it is not practical
to have the fence conform to the general contour of the ground surface, longer
posts may be used and multiple strands of wire stretched thereon to span the
opening below the fence. The vertical clearance between strands of wire shall be 6
inches or less. Openings below the fence may also be spanned with wire fastened to
stakes.
GATE FRAMES
Gate frames shall consist of galvanized steel pipe and shall conform to the
specifications for the same material as the CHAIN LINK FENCE specifications. Gate
hangers, latches, brackets, guide assemblies, and stops: Malleable iron or steel,
galvanized after fabrication. Provide positive latch with provisions for padlocking.
METHOD OF MEASUREMENT
Chain-link fence will be measured for payment by the linear foot. Measurement will be
along the top of the fence from center to center of end posts, excluding the length
occupied by gate openings.
BASIS OF PAYMENT Payment for chain-link fence will be made at the contract unit price per linear foot.
Payment for wood and concrete fence will be per post and rail cost. Payment for
driveway or walkway gates will be made at the contract unit price for each gate. The price shall be full compensation for furnishing all materials, and for all preparation,
erection, and installation of these materials, and for all labor equipment, tools, and
incidentals necessary to complete the item.
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ATTACHMENT 4
CONTRACTORS BID PROPOSAL
Item Installation of 6' High Temporary Construction Fence
Quantity 400 linear foot
Unit Price
Description: Furnish all materials, labor, and equipment to install 6' temporary
construction fence. Approx. 400 linear feet
Item 4' High Chain Link Fence, Galvanized
Quantity 200 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 4' high Galvanized
(g) chain link fence. This includes all associated Galvanized posts (end, tension, or
terminal), fence fabric (9-gauge steel), and hardware. Approx. 200 L.F.
Item 6' High Chain Link Fence, Galvanized
Quantity 1000 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 6' high Galvanized
(g) chain link fence. This includes all associated Galvanized posts (end, tension, or
terminal), fence fabric (9-gauge steel), and hardware. Approx. 1,000 L.F.
Item 8' High Chain Link Fence, Galvanized
Quantity 300 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 8' high Galvanized
(g) chain link fence. This includes all associated Galvanized post (end, tension, or
terminal), fence fabric (9-gauge steel), and hardware. Approx. 300 L.F.
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Item 4'H x 5'W Gate, Galvanized, Single Swing
Quantity 1 each
Unit Price
Description: Single swing gate w/ 3" gate posts (Galvanized) Furnish all materials, labor,
and/or equipment, to install single swing gates to Galvanized chain link fence. This
includes all associated Galvanized gate posts, fence fabric (9-gauge steel), and hardware.
NOTE: The quantity of "1" as indicated is for City calculation purposes. The City shall
purchase as many of these as required throughout the contract term.
Item 6'H x 5'W Gate, Galvanized, Single Swing
Quantity 1 each
Unit Price
Description: Single swing gate w/ 3" gate posts (Galvanized) Furnish all materials, labor,
and/or equipment, to install single swing gates to Galvanized chain link fence. This
includes all associated Galvanized gate post, fence fabric (9-gauge steel), and hardware.
NOTE: The quantity of "1" as indicated is for City calculation purposes. The City shall
purchase as many of these as required throughout the contract term.
Item 6'H x 12’ Wide Gate, Galvanized, Double Leaf Swing
Quantity 1 each
Unit Price
Description: Double leaf swing gate (per swing segment) with 3" gate posts (Galvanized)
Furnish all materials, labor, and/or equipment, to install double leaf swing gates to
Galvanized chain link fence. This includes all associated Galvanized gate posts, fence
fabric (9-gauge steel), and hardware. NOTE: The quantity of "1" as indicated is for City
calculation purposes. The City shall purchase as many of these as required throughout
the contract term.
Item 8'H x 12’ Wide Gate, Galvanized, Double Leaf Swing
Quantity 1 each
Unit Price
Description: Double leaf swing gate (per swing segment) with 3" gate posts (Galvanized)
Furnish all materials, labor, and/or equipment, to install double leaf swing gates to
Galvanized chain link fence. This includes all associated Galvanized gate posts, fence
fabric (9-gauge steel), and hardware. NOTE: The quantity of "1" as indicated is for City
calculation purposes. The City shall purchase as many of these as required throughout
the contract term.
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Item Bottom Tension Wire, Galvanized, 7 gauge
Quantity 750 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install galvanized bottom
tension wire to all heights (from 4' to 8’) of Galvanized (g) chain link fence. This includes
all associated hardware. Approximately 750 linear feet
Item Install and substitute 3" posts
Quantity 10 each
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install and substitute 3"
posts as requested by City staff. Approximately 10 each.
Item Adjust, straighten, tighten, and/or repair existing rail...
Quantity 700 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to adjust, straighten, tighten,
and/or repair existing rail (top, middle, or bottom), line post, corner post, gate post,
barbwire, or fence fabric of all heights (from 4' to 10') of Galvanized (g) or PVC coated (c)
chain link fence. This includes all associated hardware, and with all applicable posts being
secured with 3000 PSI concrete. Approximately 700 linear feet
Item 4' High Lodge Pole Pine Fence (Attachment A)
Quantity 100 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 4' high Pine lodge
pole fence. This includes all associated posts, rails, and concrete. Approx.100 L.F.
Item 4' High Redwood Fencing (Attachment B)
Quantity 100 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 4’ high redwood
fence. This includes all associated posts, rails, and concrete. Approx.100 L.F.
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Item 4' High Concrete 2-Rail Fence (Attachment C)
Quantity 100 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 4’ high 2-Rail
concrete fence. This includes all associated posts, rails, and concrete. Approx. 100 L.F.
Item 4' High Concrete 3-Rail Fence (Attachment D)
Quantity 100 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment, to install 4’ high 3-Rail
concrete fence. This includes all associated posts, rails, and concrete. Approx. 100 L.F.
Item 6'H Picket Fence (Attachment E)
Quantity 240 linear foot
Unit Price
Description: Furnish all materials, labor, and/or equipment to install 6' high black (or other
color) decorative picket fencing as seen in Attachment E. This includes 1 single swing gate
and all the associated hardware to interface and/or connect to new or existing sections or
columns, as well as all line posts, corner posts, and/or gate posts. Approx. 240 L.F.
Item Forman for fence construction /repair - For additional
jobs not indicated
Quantity 100 hours
Unit Price
Description: HOURLY RATE FOR FORMAN FOR FENCE CONSTRUCTION / REPAIR
- FOR ANY ADDITIONAL JOBS/REQUESTS NOT
SPECIFICALLY INDICATED IN THIS BID. (Labor prices (prevailing wage) shall be
included in your unit price for items indicated)- GIVE PRICE PER HOUR. APPROX. 100
HOURS.
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Item Laborer for fence construction / repairs - For additional jobs not
indicated
Quantity 100 hour
Unit Price
Description: HOURLY RATES FOR FENCE CONSTRUCTION / REPAIR LABORER.
FOR ADDITIONAL JOBS/REQUESTS NOT SPECIFICALLY
INDICATED IN THIS BID. (Labor prices shall be included in your unit price for items
indicated)- GIVE PRICE PER HOUR APPROX. 100 HOURS
Item Forman’s helper
Quantity 200 hours
Unit Price
Description: Hourly rate for Forman helper - FOR ADDITIONAL JOBS/REQUESTS NOT
SPECIFICALLY INDICATED IN THIS BID-. (Labor prices shall be included in your unit
price for items indicated)- Give price per hour. Approx. 200 hours
Item Reimbursement for cost-plus purchase materials.
Quantity 1 each
Percentage
Description: Supplies not listed or included elsewhere MAY be purchased under this
contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost
must be provided with written (City) estimates. Provide percent markup. City staff
estimates approx. $25,000 worth of this type of material will be required per year. Your
percentage will be calculated as follows for City calculation purposes: $25,000 x %=
price
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EXHIBIT D
SERVICE RATES
BID ITEM UNIT PRICE
Installation of 6' High Temporary Construction Fence $6.25 linear ft.
4' High Chain Link Fence, Galvanized $22.46 linear ft.
6' High Chain Link Fence, Galvanized $26.37 linear ft.
8' High Chain Link Fence, Galvanized $45.27 linear ft.
4'H x 5'W Gate, Galvanized, Single Swing $2,008.00 each
6'H x 5'W Gate, Galvanized, Single Swing $2,626.00 each
6'H x 12’ Wide Gate, Galvanized, Double Leaf Swing $2,726.00 each
8'H x 12’ Wide Gate, Galvanized, Double Leaf Swing $4,097.00 each
Bottom Tension Wire, Galvanized, 7-Gauge $2.86 linear ft.
Install and Substitute 3" Steel Posts $249.44 each
Adjust, Straighten, Tighten, Repair Existing Fencing $6.87 linear ft.
Install 4’ High Lodge Pole Pine, Fence $71.36 linear ft.
Install 4’ High Redwood Fence $76.63 linear ft.
Install 4’ High Concrete 2-Rail Fence $98.62 linear ft.
Install 4' High Concrete 3-Rail Fence $108.97 linear ft.
Install 6' High (Wrought-Iron) Picket Fence $63.03 linear ft.
Forman for Fence Construction / Repair $112.50 per hour
Laborer for Fence Construction / Repair $108.50 per hour
Forman’s Helper $108.50 per hour
Reimbursement for Cost Plus Purchase Materials 15%
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