HomeMy WebLinkAboutAGENDA REPORT 2018 0516 CCSA REG ITEM 10HCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of May 16, 2018
ACTION Approved staff
recommendation. Adopted
Reso. No. 2018-3701
BY M. Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
By: Jessica Sandifer, Community Services Manager
DATE: May 9, 2018 (CC Meeting of 05/16/18)
SUBJECT: Consider Award of Bid for Community Center Glue Laminated Beam
Replacement and Reinforcement Project and Resolution Amending
the Fiscal Year (FY) 2017/18 Budget to Fund the Work
BACKGROUND
In November, 2016 a glue laminated beam in the Apricot Room failed. Staff worked with
a structural engineer to design temporary measures to shore up the beam until a
replacement beam could be designed and installed. The failed beam is eligible for an
insurance claim through the City’s insurance provider, the California Joint Powers
Insurance Authority (JPIA). Therefore, JPIA’s claim adjuster (Sedgwick) hired a
structural engineer to design a replacement beam for the beam that failed. However, in
2002, there was another beam failure in the Apricot Room. At that time, the beam that
failed was replaced and an adjacent beam was reinforced. Since there has been a
history of beam failures in the Apricot Room, staff felt that it was necessary to have the
final beam (located over the stage) evaluated to ensure there would not be a nother
failure in the future. Through a recommendation by Sedgwick, staff contracted with
Mackintosh and Mackintosh, Inc. (Mackintosh), a structural engineering firm, to evaluate
the existing beam. Mackintosh confirmed that the final beam should be reinforced and
provided plans and specifications to reinforce the glue laminated beam located over the
stage. Sedgwick hired a separate structural engineering firm to provide the plans and
specifications for the replacement beam in order to simplify the insurance claim
process.
Since the Community Center is quiet during the City Council recess, staff recommends
completing the beam repair and reinforcement work during June and July. Staff also
proposes to paint the interior of the Community Center (Apricot Room, Lobby and Citrus
Room) and three areas in the Active Adult Center (Braun Room 1, Braun Room 2, and
Item: 10.H.
Honorable City Council
5/16/18 Regular Meeting
Page 2
hallway) to take advantage of the recess. An additive alternate was included in the bid
specifications for painting the ceiling in the Citrus Room.
DISCUSSION
A notice inviting bids was published on April 18 and April 22, 2018. Two mandatory pre-
bid site meetings were held on April 24, 2018 and May 1, 2018 and they were attended
by five contractors. Only one bid was received by the extended due date of May 9,
2018. The results, based on the total base bid amount, are:
Dekan Construction Corporation $231,770
The bids were evaluated on their completeness and cost. Since only one bid was
received, the apparent low bidder is Dekan Construction Corporation (Dekan). Staff
believes that the complexity of the project and the tight timeline contributed to the lack
of interest from the other bidders. Dekan possesses the necessary qualifications,
resources and experience to perform the work.
As mentioned, an alternative item was added to the bid documents to paint the ceiling in
the Citrus room. The additive cost to paint the ceiling is $22,450. Staff is recommending
adding this work to the scope, as staff does not believe that the ceiling has been painted
since the building was originally constructed in 1980. The ceiling color is currently brown
and it will be painted off-white. Changing the color will provide better lighting throughout
the space.
The total cost of the work, including the painting the Citrus Room ceiling is $254,220,
plus a 15% contingency of $38,133 for a total contract amount of $292,353. In addition,
the City contracted directly with the structural engineer for the beam reinforcement
portion of the project. The cost to design the reinforced beam was $12,920. It should be
noted that the cost to replace the failed beam is $98,200 which will be reimbursed by
JPIA, less a $5,000 deductible. However, the cost of the beam reinforcement and
miscellaneous maintenance work will be borne by the City.
FISCAL IMPACT
No funds were budgeted in the FY 2017/18 for this work. Staff is requesting a budget
amendment to increase General Fund (1000) expenditures by $305,273 to finance the
project and increase revenues by $93,200 to reflect the JPIA reimbursement. The net
General Fund impact is $212,073.
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Honorable City Council
5/16/18 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Award Agreement for Community Center Glue Laminated Beam Replacement
and Reinforcement Project to Dekan Construction Corporation for a total contract value
of $292,353 and authorize the City Manager to sign the Agreement, subject to the final
language approval of the City Manager; and
2. Adopt Resolution No. 2018-____, amending the FY 2017/18 budget to fund the
work.
Attachments –
1 – Agreement
2 – Resolution No. 2018-_____
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
DEKAN CONSTRUCTION CORPORATION, FOR COMMUNITY CENTER GLUE
LAMINATED BEAM REPLACEMENT AND REINFORCEMENT PROJECT
THIS AGREEMENT, executed as of this ____ day of _____________________,
2018, between the City of Moorpark, a municipal corporation (“City”) and Dekan
Construction Corporation, 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 construction services related to replacement
and reinforcement of glue laminated beams in the Community Center and
miscellaneous maintenance; 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 May 16, 2018, 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 execution until completion of
the work identified in the Scope of Services and in conformance with Exhibit C and
Exhibit D, 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 replacement and reinforcement of glue laminated
beams in the Community Center and miscellaneous maintenance, as set forth in Exhibit
C: Contractor’s Bid Proposal, dated May 9, 2018, 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: City’s Bid Package, hereinafter
referred to as the “Specifications”, attached hereto and incorporated herein by this
reference as though set forth in full. Where said Scope of Services as set forth in
Exhibits C and D is modified by this Agreement, or in the event there is a conflict
between the provisions of said Scope of Services and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C and
Exhibit D. Contractor shall complete the tasks according to the schedule of performance
which is also set forth in Exhibits C and D.
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Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed two hundred fifty-four
thousand two hundred twenty dollars ($254,220.00) as stated in Exhibit C plus a fifteen
percent (15%) contingency of thirty-eight thousand one hundred thirty-three dollars
($38,133.00) for a total value of two hundred ninety-two thousand three hundred fifty-
three dollars ($292,353.00), 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 Bader, 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 two hundred fifty-four thousand two hundred twenty
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dollars ($254,220.00) as stated in Exhibit C plus a fifteen percent (15%) contingency of
thirty-eight thousand one hundred thirty-three dollars ($38,133.00) for a total value of
two hundred ninety-two thousand three hundred fifty-three dollars ($292,353.00) for the
total term of the Agreement unless additional payment is approved as provided in this
Agreement.
Contractor shall not be compensated for any additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to this Agreement
executed by both parties.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
City disputes any of Contractor’s fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the City may proceed in the manner set forth in Section 6-4 of the
Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
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
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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 twenty-five dollars ($125.00) 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
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necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsels’ fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor’s negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
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 Ave.
Moorpark, CA 93021
To: David Bader
Dekan Construction Corporation
120 E. Virginia Terrace
Santa Paula, CA 93060
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, Exhibit
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 Dekan Construction Corporation
_____________________________ _____________________________
Troy Brown, City Manager Erin Bader, Chief Executive Officer
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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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 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
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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.
18. 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.
19. 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.
20. 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.
21. 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
CONTRACT DOCUMENTS
FOR
COMMUNITY CENTER GLUE LAMINATED BEAM
REPLACEMENT / REINFORCEMENT &
MAINTENANCE PROJECT
IDENTIFICATION NO. P&R – 2018-1
EXHIBIT D
297
TABLE OF CONTENTS
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NOTICE INVITING BIDS ....................................................................................................... NC-1
INSTRUCTIONS TO BIDDERS ............................................................................................. I-1
CHECKLIST FOR BIDDERS ................................................................................................. B-1
BID ................................................................................................................................... B-2
SAMPLE CONTRACT ........................................................................................................... C-1
INSURANCE REQUIREMENTS ............................................................................................ C-10
PAYMENT BOND (LABOR AND MATERIALS) ..................................................................... C-18
PERFORMANCE BOND ........................................................................................................ C-20
CHECKLIST FOR EXECUTION OF CONTRACT ................................................................. C-23
GENERAL PROVISIONS ...................................................................................................... GP-1
SECTION 0. GENERAL PROVISIONS DEFINED .................................................. 1
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS .............................................................. 1
SECTION 2. SCOPE AND CONTROL OF THE WORK .......................................... 2
SECTION 3. CHANGES IN WORK ......................................................................... 5
SECTION 4. CONTROL OF MATERIALS ............................................................... 5
SECTION 5 UTILITIES ........................................................................................... 6
SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF
THE WORK ........................................................................................ 9
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR .................................. 13
SECTION 8. FACILITIES FOR AGENCY PERSONNEL ......................................... 21
SECTION 9. MEASUREMENT AND PAYMENT ..................................................... 21
SECTION 10. ADDITIONAL TERMS ......................................................................... 25
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APPENDIX I: SCOPE OF WORK ............................................................................................. I
APPENDIX II: TECHNICAL SPECIFICATIONS - GLUE LAMINATED
REPLACEMENT BEAM ................................................................................................ II
APPENDIX III: GLUE LAMINATED REPLACEMENT PLANS .................................................. III
APPENDIX IV: GLUE LAMINATED REINFORCEMENT PLANS ............................................. IV
APPENDIX V: PAINTING SPECIFICATIONS .......................................................................... V
APPENDIX VI: COMMUNITY CENTER AREAS TO BE PAINTED .......................................... VI
APPENDIX VII: CITY HOLIDAYS ............................................................................................. VII
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NOTICE INVITING BIDS
FOR
Community Center Glue Laminated Beam Replacement / Reinforcement & Maintenance
Project [the “Project”]
Identification number: P&R – 2018 - 1
NOTICE IS HEREBY GIVEN that the City of Moorpark, California (“City”) invites sealed Bids for the
Project and will receive such bids in the office of the City Clerk of the City of Moorpark at 799 Moorpark
Avenue, Moorpark, California, 93021 up to the hour of 3:30 p.m. on the 3rd day of May 2018, at which
time they will be publicly opened and read aloud. The official bid clock, which will establish the official
bid time, will be determined by the City Clerk’s Division of the City of Moorpark.
PROJECT DESCRIPTION: This project will replace one failed glue laminated beam and
reinforcement of another glue laminated beam within the Apricot Room in the Community
Center located at Moorpark City Hall. In addition, the project will also include drywall repair and
painting of identified rooms in the Community Center, removal and replacement of 6” cove base,
and removal and installation of Vinyl Composition Tile from the stage area in the Apricot Room.
MANDATORY PRE-BID MEETING AND SITE VISIT. A mandatory pre-bid meeting will be held
on April 24, 2018 at 9:00 a.m. in the Apricot Room at the Community Center, 799 Moorpark
Avenue, Moorpark. Every Bidder is required to attend the pre-bid meeting and Project site visit.
Failure of a Bidder to attend will render that Bidder’s Bid non-responsive. No allowances for
cost adjustments will be made if a Bidder fails to adequately examine the Project site before
submitting a Bid.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance
with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified
to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public work, unless currently
registered and qualified to perform public work pursuant to Section 1725.5 [with limited
exceptions for bid purposes only under Labor Code Section 1771.1(a)].
PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a
“public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in
accordance with the determination of the Director of the Department of Industrial Relations
(“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file and
are available to any interested party upon request. The Contractor shall post a copy of the
DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is
subject to compliance monitoring and enforcement by the DIR.
BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or
Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less
than ten percent (10%) of the total Bid submitted. Personal or company checks are not
acceptable. Upon Contract award, the Contractor shall provide faithful performance and
payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a
California admitted Surety insurer using the forms set forth in the Contract Documents, or in any
other form approved by the City Attorney. Failure to enter into the Contract with the City,
including the submission of all required Bonds and insurance coverages, within fifteen (15) Days
after the date of the mailing of written notice of contract award to the Bidder, shall subject the
Bid security to forfeiture to the extent provided by law.
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LICENSES. Each Bidder shall possess a valid Class A or B Contractor’s license issued by the
California State Contractors License Board at the time of the Bid submission. Additionally, each
Bidder must have possessed a valid Class A or B Contractor’s license continuously for the prior
five (5) years. The successful Contractor must also possess a current City business license.
RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as
retention. In accordance with Public Contract Code Section 22300, and at the request and
expense of the Contractor, securities equivalent to the amount withheld may be deposited with
the City or with a State or federally chartered bank as escrow agent, which shall then pay such
moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be
returned to the Contractor. Alternatively, the Contractor may request that the City make
payments of earned retentions directly to an escrow agent at the Contractor’s expense. No
such substitutions shall be accepted until all related documents are approved by the City.
TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade
name item must be made by written request submitted no later than five (5) Days before the Bid
submission deadline. Requests received after this time shall not be considered. Requests shall
clearly describe the product for which approval is requested, including all data necessary to
demonstrate acceptability.
LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $250 for each
Day that Work remains incomplete beyond the Project completion deadline specified in the
Contract Documents.
BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any
irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.
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INSTRUCTIONS TO BIDDERS
TIME OF COMPLETION. Due to usage of the areas affected by this work, this project has a
short time window for completion. Once awarded Bidders will be expected to begin work on
this project on June 21, 2018 with all work completed by July 19, 2018. No time extensions
will be given. If a potential bidder would have difficulty meeting the above schedule, we do not
recommend bidding the work. Bidders should pay close attention to contract insurance and
execution requirements to ensure they can meet them prior to submitting the bid.
FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all
forms and fill in all blank spaces, including inserting “N/A” (for not applicable) where necessary.
The Bid shall be enclosed in a sealed envelope bearing the Bidder’s name and the Project
name and identification number as described in the Notice Inviting Bids.
DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place
specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives
will be considered. The time of delivery shall be conclusively determined by the time-stamping
clock located at the City Clerk’s office. Bidders are solely responsible for ensuring that their
Bids are received in proper time, and Bidders assume all risks arising out of their chosen means
of delivery. Any Bid received after the Bid submission deadline shall be returned unopened.
Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of
the City.
AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause
the Bid to be deemed incomplete and non-responsive.
WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the
Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and
shall not be subject to withdrawal for sixty (60) Days after the Bid opening date.
BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier’s check
payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as
principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%)
of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee
that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents,
and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15)
Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s
refusal or failure to do so, the City may award the Contract to the next lowest responsible
bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the
City to the extent permitted by law. No Bid Bond will be accepted unless it conforms
substantially to the form provided in these Contract Documents.
QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall
be considered as approximations listed to serve as a general indication of the amount of Work
or materials to be performed or furnished, and as basis for the Bid comparison. The City does
not guarantee that the actual amounts required will correspond with those shown. As deemed
necessary or convenient, the City may increase or decrease the amount of any item or portion
of Work or material to be performed or furnished or omit any such item or portion, in accordance
with the Contract Documents.
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ADDENDA. The City may, from time to time, issue Addenda to the Contract Documents.
Bidders are responsible for ensuring that they have received any and all Addenda. Each Bidder
is responsible for verifying that it has received all Addenda issued, if any. Bidders must
acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all
Addenda may cause a Bid to be deemed incomplete and non-responsive.
DISCREPANCIES IN BIDS. Each bidder shall set forth as to each item of Work, in clearly
legible words and figures, a unit or line item Bid amount for the item in the respective spaces
provided for this purpose.
In case of discrepancy between the unit price and the extended amount set forth for the item,
the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as
the entry in the “extended amount” column, then the amount set forth in the “extended amount”
column for the item shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the “extended amount” column shall be
the unit price.
(2) As to unit price items, the amount set forth in the “extended amount” column shall be
divided by the estimated quantity for the item set forth in the Bid documents, and the
price thus obtained shall be the unit price.
In case of discrepancy between words and figures, the words shall prevail.
COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given
not only to the financial standing, but also to the general competency of the Bidder for the
performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a
statement of its experience. No Contract will be executed with a Bidder that is not licensed and
registered with the DIR in accordance with State law, and with any applicable specific licensing
requirements specified in these Contract Documents. These licensing and registration
requirements for Contractors shall also apply to all Subcontractors.
BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must
carefully examine the Project site and the entirety of the Contract Documents. Upon submission
of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work
and is satisfied as to the conditions to be encountered and the character, quality, and quantities
of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be
conclusively presumed that the Bidder is familiar with and agrees to the requirements of the
Contract Documents, including all Addenda. No information derived from an inspection of
records or investigation will in any way relieve the Contractor from its obligations under the
Contract Documents nor entitle the Contractor to any additional compensation. The Contractor
shall not make any claim against the City based upon ignorance or misunderstanding of any
condition of the Project site or of the requirements set forth in the Contract Documents. No
claim for additional compensation will be allowed which is based on a lack of knowledge of the
above items. Bidders assume all risks in connection with performance of the Work in
accordance with the Contract Documents, regardless of actual conditions encountered, and
waive and release the City with respect to any and all claims and liabilities in connection
therewith, to the extent permitted by law.
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DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested
in more than one Bid for the Project, unless alternate Bids are specifically called for. A Person
that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is
not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or
from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders,
all affected Bids will be rejected.
RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the
Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a
reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder
has signed the Contract.
AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts
thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract
award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur
no later than thirty (30) Days after the Bid opening. The Contract award may be made after that
period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.
ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8,
the lowest Bid shall be determined as follows: The lowest bid shall be the lowest bid price on
the base contract without consideration of the prices on the additive or deductive items.
LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors
on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public
Contract Code Section 4100, et seq.). Contractor shall self-perform not less than fifty
percent (50%) of the Work, as determined by the percentage of Work to be performed by
listed Subcontractors.
EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form
included in these Contract Documents and secure all required insurance and bonds, as herein
specified within fifteen (15) Days from the date of delivery of the Contract Documents to
the Bidder. Failure or refusal to execute the Contract or to conform to any of the
stipulated requirements shall be just cause for the annulment of the award and forfeiture
of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to
the extent permitted by law, and the City may award the Contract to the next lowest responsible
Bidder or may reject all bids.
SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to
be notarized all documents that indicate such a requirement. The Bidder shall provide evidence
satisfactory to the City, such as an authenticated resolution of its board of directors or a power
of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid
and any Contract arising therefrom.
INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City
evidence of all required insurance coverage (including all additional insured endorsements), a
Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing
the payment of claims for labor and materials.
TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their
use at the time of Bid submission.
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INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the
intended meaning of any part of the Contract Documents, or that finds discrepancies in or
omissions from the Contract Documents, may submit to the City a written request for an
interpretation or correction not later than 96 hours prior to the Bid submission deadline.
Requests for clarification received after the 96 hour deadline will be disregarded. Please
indicate the Project and identification number in the request for clarification. Telephonic
requests will not be taken. Any interpretation or correction of the Contract Documents will be
made only by a written Addendum. No oral interpretation of any provision in the Contract
Documents shall be binding.
TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes
assessed by federal, State or local authorities on materials used or furnished by the Contractor
in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for
all sales, unemployment, pension and other taxes imposed by federal, State, and local law and
shall include these payments in computing the Bid.
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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
____ Completed and Signed Bid Cover Form
____ Completed and Signed Bid Sheets
____ Completed, Signed and Notarized Questionnaire
____ Completed References Form
____ Resume of General Construction Superintendent/On-Site Construction
Manager
____ Completed Subcontractor Designation Form
____ Completed and Signed Industrial Safety Record Form
____ Completed, Signed and Notarized Bid Bond or Other Security Form
____ Signed and Notarized Noncollusion Declaration Form
____ Completed and Signed Addenda Acknowledgement Form
____ Signed Environmental, Health and Safety Standards Compliance Form
____ Signed Workers’ Compensation Insurance Certificate
____ Completed and Signed Agreement to Comply with California Labor Law
Requirements Form
____ Evidence satisfactory to the City indicating the capacity of the person(s)
signing the Bid to bind the Bidder
Failure of the Bidder to provide all required information in a complete and accurate manner may
cause the Bid to be considered non-responsive.
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BID
CITY OF MOORPARK
COMMUNITY CENTER GLUE LAMINATED BEAM REPLACEMENT/REINFORCEMENT &
MAINTENANCE PROJECT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MOORPARK:
The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other
person and that the only persons or parties interested as principals are those named herein;
(2) the undersigned has carefully examined the Contract Documents (including all Addenda)
and the Project site; and (3) the undersigned has investigated and is satisfied as to the
conditions to be encountered, the character, quality and quantities of Work to be performed, and
the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid
shall be conclusive evidence that such examination and investigation have been made and
agrees, in the event the Contract be awarded to it, to execute the Contract with the City of
Moorpark to perform the Project in accordance with the Contract Documents in the time and
manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment,
apparatus and other means necessary so to do, except as may otherwise be furnished or
provided under the terms of the Contract Documents, for the following stated unit prices or
lump-sum price as submitted on the Bid herein.
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record.
This Safety Record includes all construction Work undertaken in California by the undersigned
and any partnership, joint venture or corporation that any principal of the undersigned
participated in as a principal or owner for the last five (5) calendar years and the current
calendar year before the date of Bid submittal. Separate information is being submitted for each
such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach
any additional information or explanation of data that it would like to be taken into consideration
in evaluating the Safety Record. An explanation of the circumstances surrounding any and all
fatalities is attached.
Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount
equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities
shown and the unit prices quoted. The undersigned further agrees that, should it be awarded
the Contract and thereafter fail or refuse to execute the Contract and provide the required
evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the
undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent
permitted by law.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience
in the type of Work related to the Project and that this experience is in actual operation of the
firm with permanent employees performing a part of the Work as distinct from a firm operating
entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly
licensed by the State as a contractor to perform this type of Work. The undersigned possesses
California Contractor’s License
Number ____________, Class _____, which expires on _______________________.
Bidder’s Name: ___________________________________________________
Signature: ________________________________________ Date: __________________
Signature: ________________________________________ Date: __________________
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CITY OF MOORPARK
BID SHEETS FOR
COMMUNITY CENTER GLUE LAMINATED BEAM REPLACEMENT / REINFORCEMENT &
MAINTENANCE PROJECT
Bidder’s Name: ____________________________________________________________
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to
furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract
Documents to the satisfaction and under the direction of the Parks and Recreation Director, at the
following prices:
BASE AMOUNT:
ITEM NO. DESCRIPTION UNIT QTY EXTENDED
AMOUNT
101 COMMUNITY CENTER BEAM REPLACEMENT LS 1 $
102 COMMUNITY CENTER BEAM
REINFORCEMENT LS 1 $
103 PAINTING – COMMUNITY CENTER
103-A APRICOT ROOM LS 1 $
103-B CITRUS ROOM LS 1 $
103-C COMMUNITY CENTER LOBBY LS 1 $
103-D BRAUN ROOM 1 LS 1 $
103-E BRAUN ROOM 2 LS 1 $
103-F BRAUN ROOM - HALLWAY LS 1 $
104 REMOVE AND INSTALL 6” VINYL COVE BASE LF 690 $
105 REMOVE AND INSTALL VCT TILE ON STAGE LF 580
TOTAL :
$_________________
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Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not
constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications.
Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit
prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for
these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any
of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any
additional compensation. Cost of all export of material shall be included in the above unit costs; no
additional compensation will be granted for such expenses.
TOTAL BID PRICE IN DIGITS: $____________________
TOTAL BID PRICE IN WORDS: _________________________________________________
Signature: __________________________________ Title: ___________ Date: ______
Signature: __________________________________ Title: ___________ Date: ______
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QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder’s Name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
(3) Business Address:
(4) Telephone: Facsimile:
(5) Type of Firm – Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the State of:
(7) California State Contractor’s License Number and Class:
Original Date Issued: Expiration Date:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the Project site for your firm:
(10) List the name and title of the person(s) who attended the mandatory pre-Bid meeting for
your firm, including the mandatory site visit (if any):
(11) Number of years experience the company has as a contractor in construction work:
(12) List the names, titles, addresses and telephone numbers of all individuals, firm
members, partners, joint venturers, and company or corporate officers having a principal
interest in this Bid:
(13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal
having interest in this Bid:
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(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this Bid:
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the
company or any principal having an interest in this Bid has been involved with in the past
five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the
parties:
b. Briefly summarize the parties’ claims and defenses:
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.),
the matter number, and the outcome:
(16) Has the company or any principal having an interest in this Bid ever had a contract
terminated by the owner or agency? If yes, explain.
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(17) Has the company or any principal having an interest in this Bid ever failed to complete a
project? If yes, explain.
(18) Has the company or any principal having an interest in this Bid ever been terminated for
cause, even if it was converted to a “termination of convenience”? If yes, explain.
(19) For projects that the company or any principal having an interest in this Bid has been
involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance?
Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding?
Circle one: Yes No
If your answer is “yes” to any part or parts of this question, explain.
(20) List the last three (3) projects you have worked on or are currently working on for the
City of Moorpark:
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Upon request of the City, the Bidder shall furnish evidence showing a notarized financial
statement, financial data, construction experience, or other additional information.
Failure to provide truthful answers to the questions above or in the following References Form
may result in the Bid being deemed non-responsive.
The Bidder certifies under penalty of perjury under the laws of the State of California that the
information provided above is true and correct.
Notary Public
Subscribed and sworn to me:
Signature:
This ____ day of _____________, 20
Title:
Signature:
(SEAL)
Company
Signature:
Title:
Date:
Signature:
Title:
Date:
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REFERENCES FORM
For all public agency projects in excess of $15,000 that you are currently working on or have
worked on in the past two (2) years, provide the following information:
Project 1 Name/Number
Project Description ___________________________________________________________
Approximate Construction Dates From: _______________ To: ____________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 2 Name/Number
Project Description ___________________________________________________________
Approximate Construction Date From: _______________ To: ____________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
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If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 3 Name/Number
Project Description ___________________________________________________________
Approximate Construction Dates From: _______________ To: _______________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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Project 4 Name/Number
Project Description ___________________________________________________________
Approximate Construction Dates From: _______________ To
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 5 Name/Number
Project Description ___________________________________________________________
Approximate Construction Dates From: _______________ To: ____________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
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Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 6 Name/Number
Project Description ___________________________________________________________
Approximate Construction Dates From: _______________ To: ____________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency?
Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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RESUME
Attach to this Bid the experience resume of the person who will be designated as General
Construction Superintendent or on-site Construction Manager for the Project.
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or
about the construction of the Work or improvement, or a Subcontractor licensed by the State of
California who, under subcontract to the Contractor, specially fabricates and installs a portion of
the Work or improvement according to detailed drawings contained in the Plans and
Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid
or, in the case of bids or offers for the construction of streets or highways, including bridges, in
excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater.
If all Subcontractors do not fit on this page, attach another page listing all information for all
other Subcontractors.
Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR
Contractor
Registration
Number
Address and Phone
Number
Type of Work
(e.g.,
Electrical)
Percentage
of Total Bid
(e.g., 10%)*
* The percentage of the total Bid shall represent the “portion of the work” for the purposes of
Public Contract Code Section 4104(b).
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INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name _______________________________________
Current
Year of
Record
2017 2016 2015 2014 2013 Total
Number of
contracts
Total dollar amount
of contracts (in
thousands of
dollars)
Number of fatalities
Number of lost
workday cases
Number of lost
workday cases
involving
permanent transfer
to another job or
termination of
employment
The above information was compiled from the records that are available to me at this time and I
declare under penalty of perjury under the laws of the State of California that the information is
true and accurate within the limitations of those records.
Signature:
Title:
Date:
Signature:
Title:
Date:
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Bond No. _________
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“Public Agency”), has issued an invitation for Bids for the
Work described as follows: Community Center Beam Replacement and Reinforcement
Project
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a Bid to Public Agency for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), being not less than ten percent
(10%) of the total Bid 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, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded the Contract for the Work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of Contract included with the
bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials), and furnishes the required insurance
coverage, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred
by the Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court.
Surety hereby waives the provisions of Civil Code Section 2845.
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IN WITNESS WHEREOF, this instrument has 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”
By:
Its:
By:
Its:
“Surety”
By:
Its:
By:
Its:
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached.
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NONCOLLUSION DECLARATION FORM
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
In accordance with Public Contract Code Section 7106, 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].
Signature:
Printed Name:
Date:
Signature:
Printed Name:
Date:
This form must be notarized.
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ADDENDA ACKNOWLEDGMENT FORM
Bidder’s Name: ____________________________________
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page
acknowledging receipt of the Addenda.
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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 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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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
_________________________, FOR COMMUNITY CENTER GLUE LAMINATED BEAM
REPLACEMENT/ REPAIR AND MAINTENANCE PROJECT
THIS AGREEMENT, executed as of this ____ day of _____________________, 2018,
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 Community Center
Glue Laminated Beam Replacement / Repair and maintenance project ;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 __________________, 2018, 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
_______________, 2018 until completion of the work identified in the Scope of Services and in
conformance with Exhibit C, unless this Agreement is terminated or suspended consistent with
Section 6 of this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to Community Center Beam Replacement and Repair Project, as set forth in
Exhibit C: 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 D, which include (i) Standard Specifications; (ii) Special
Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv)
Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and
Automobile Liability, attached hereto and incorporated herein by this reference as though set
forth in full and hereinafter referred to as Exhibit D. Where said Scope of Services as set forth
in Exhibit C and Exhibit D is modified by this Agreement, or in the event there is a conflict
between the provisions of said Scope of Services and this Agreement, the language contained
in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D.
Contractor shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in accordance
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with Exhibit C. Compensation shall not exceed the rates or total value of XXXXXX dollars
($XXXXXX) as stated in Exhibit C, 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 [CONTRACTOR’S DESIGNEE], 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 XXXXXX dollars ($XXXXXX) 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
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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 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 two hundred fifty dollars ($250.00)
per day for each calendar day the work, or portion thereof, remains uncompleted after the above
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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
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
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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 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
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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 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
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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 Ave.
Moorpark, CA 93021
To: CONTRACTOR
COMPANY NAME
ADDRESS
CITY, STATE ZIP CODE
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
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any action filed in any court or for arbitration for the interpretation, enforcement or other action
of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in
Ventura County, California. The City and Contractor understand and agree that the laws of the
state of California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party’s own
independent investigation of any and all facts such party deems material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to limit or
define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor’s failure to perform on or at the times set forth in this
Agreement will damage and injure City, but the extent of such damage and injury is difficult or
speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by
Contractor at or within the times set forth herein shall result in liquidated damages as defined in
this Agreement for each and every day such performance is late. City and Contractor agree that
such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is
subject to Government Code Section 53069.85 and that each party hereto is familiar with and
understands the obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City’s Bid Package and Proposal, Exhibit C and
Exhibit D attached hereto and incorporated herein by this reference as though 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.
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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 CONTRACTOR
_____________________________ _____________________________
Troy Brown, 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.
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
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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 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.
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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, 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 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.
12. 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
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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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
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21. 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.
(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.
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(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 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
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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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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:
COMMUNITY CENTER BEAM REPLACEMENT / REINFORCEMENT & MAINTENANCE
PROJECT
(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 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 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
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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.
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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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.
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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:
COMMUNITY CENTER BEAM REPLACEMENT / REINFORCEMENT & MAINTENANCE
PROJECT
(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; 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 the same shall in anywise affect its obligations under this Bond,
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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”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(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.
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PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE
BROKER IN THE SPACE PROVIDED BELOW
SURETY – Contact Information
__________________________________________
Attn:_______________________________________
Address:___________________________________
City State Zip_______________________________
Phone #:___________________________________
BROKER – Contact Information
_______________________________________
Attn:___________________________________
Address:________________________________
City State Zip ____________________________
Phone# ________________________________
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CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
____ Two (2) executed and notarized copies of the Contract
____ Two (2) copies of the Payment Bond in amount of the Contract
____ Two (2) copies of the Performance Bond in amount of the Contract
____ Workers’ Compensation Certificate
____ Liability insurance certificate in the amount of one million dollars
($1,000,000), naming the City as a co-insured
____ Automobile insurance certificate in the amount of one million dollars
($1,000,000), naming the City as a co-insured
____ General aggregate insurance certificate in the amount of two million
dollars ($2,000,000), naming the City as a co-insured
____ Copy of City business license
____ Additional insured endorsement (ongoing and completed operations) –
comprehensive general liability
____ Additional insured endorsement – automobile liability
____ Additional insured endorsement – excess liability (if applicable)
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GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The Work described herein shall be done in accordance with the provisions of the 2015 edition
of the Standard Specifications for Public Works Construction (SSPWC), and all supplements
thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards
Inc., formerly the Southern California Chapter of the American Public Works Association and the
Associated General Contractors of America, and the following modifications thereto are
established as the Standard Specifications for the City, except for those provisions that are
expressly not incorporated by a provision in the Contract Documents.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the
numbering in the Standard Specifications. The Special Provisions will be numbered as Sections
700 through 799. Subsections of architectural and/or other work may be numbered according to
the Construction Specifications Institute (CSI) format.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the Standard Specifications, except as
otherwise indicated herein. In the event of any conflict between the Standard Specifications and
these General Provisions, these General Provisions shall control.
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
The provisions below shall supplement, but not replace, those provisions in Section 1 of the
Standard Specifications.
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are
used, they shall be understood to mean the following:
Agency – The City of Moorpark.
Board – The City Council of the City of Moorpark.
Contract Documents – As defined in Standard Specifications Section 1-2, but also
including the General Provisions.
County – County of Ventura, California
Inspector – An authorized representative of the City, assigned by the City to make
inspections of Work performed by or materials supplied by the Contractor.
Laboratory – A laboratory authorized by the City to test materials and Work involved
in the Contract.
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Project – See Work.
Submittal – Any drawing, calculation, specification, product data, samples, manuals,
requests for substitutes, spare parts, photographs, survey data, traffic control plans,
record drawings, Bonds or similar items required to be submitted to the City under
the terms of the Contract.
1-3.3 Institutions
The institutions listed in Section 1-3.3 of the Standard Specifications shall be supplemented by
the list below:
Abbreviation Word or Words
AAN ..................................................................................... American Association of Nurserymen
ACI ..................................................................................................... American Concrete Institute
AGCA ......................................................................... Associated General Contractors of America
APWA .................................................................................... American Public Works Association
ASME .......................................................................... American Society of Mechanical Engineers
CRSI ...................................................................................... Concrete Reinforcing Steel Institute
CSI ......................................................................................... Construction Specifications Institute
IEEE .......................................................................... Institute of Electric and Electronic Engineers
NEC ............................................................................................................ National Electric Code
NEMA ...................................................................... National Electrical Manufacturers Association
NFPA ..................................................................................... National Fire Protection Association
SSS ............................................................................. State of California Standard Specifications,
Latest edition, Department of Transportation
SSP .......................................................................................... State of California Standard Plans,
Latest edition, Department of Transportation
SECTION 2. SCOPE AND CONTROL OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 2 of the
Standard Specifications.
2-2 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no
effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers,
officials, employees, agents and representatives with respect to any claim, demand or action
arising from or relating to any unauthorized assignment.
If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a
letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee
without any reduction, or the assignee supplying all new Bonds in the amounts originally
required under the Contract Documents; and (2) the assignee supplying all of the required
insurance in the amounts required in the Contract Documents. Until the Surety assigns all of
the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of
the required insurance, an assignment otherwise consented to in writing by the City shall not be
effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of
liability under the Contract.
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2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until one year after the date of recordation
of the Notice of Completion. The Material and Labor Bond shall remain in force until either the
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 until the 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 or one year from the recordation of the Notice of Completion,
whichever is longer.
Other than the details listed herein, the Bonds shall adhere to the requirements for Bonds in
Section 2-4 of the Standard Specifications. Nothing herein shall abridge or amend Section 6-
8.3 of the Standard Specifications or the related provisions in these Contract Documents.
All Bonds must be submitted using the required forms, which are in the Contract Documents, or
on any other form approved by the City Attorney.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
In addition to the requirements under Section 2-5.1 in the Standard Specifications, the
Contractor shall maintain a control set of Plans and Specifications on the Project site at all
times. All final locations determined in the field, and any deviations from the Plans and
Specifications, shall be marked in red on the control set to show the as-built conditions. This
control set of Plans shall also be edited for all Addenda, Requests for Information, Change
Orders, field changes not involving cost, and any other variation that occurred during
construction. Upon completion of all Work, the Contractor shall return the control set to the City.
Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or identified in the Specifications but is not
specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the
requirement to construct, install, or construct and install that work feature, the Contractor is
required to complete the work feature. All costs to the Contractor for constructing, installing, or
both constructing and installing such a work feature shall be included in the Bid.
2-5.2 Precedence of the Contract Documents
With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control
over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that
order) shall control over the Bid, such that the order of precedence shall be as follows:
1. Permits issued by regulatory agencies with jurisdiction.
2. Change Orders and Supplemental Agreements, whichever occurs last.
3. Contract/Agreement.
4. Addenda.
5. Notice Inviting Bids.
6. Instructions to Bidders.
7. Bid/Proposal.
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8. General Provisions.
9. Special Provisions.
10. Plans.
11. Standard Plans.
12. Standard Specifications.
13. Reference Specifications.
2-7 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where
the Work is to be performed, such investigations shall be deemed made only for the purpose of
study and design. If a geotechnical or other report has been prepared for the Project, the
Contractor may inspect the records pertaining to such investigations subject to and upon the
conditions hereinafter set forth. The inspection of the records shall be made in the office of the
City. It is the Contractor’s sole responsibility to determine whether such investigations exist,
and the City makes no affirmative or negative representation concerning the existence of such
investigations.
The records of any such investigations are made available solely for the convenience of the
Contractor. It is expressly understood and agreed that the City, the City, their agents,
consultants or employees assume no responsibility whatsoever with respect to the sufficiency or
accuracy of any investigations, the records thereof, and the interpretations set forth therein. No
warranty or guarantee is expressed or implied that the conditions indicated by any such
investigations or records are representative of those existing in the Project area. The
Contractor agrees to make such independent investigations and examination as necessary to
be satisfied of the conditions to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans, Specifications and other Contract
Documents, and all surveys and investigation reports of subsurface and latent physical
conditions, has made such additional surveys and investigations as necessary for the
performance of the Work at the Contract Price in accordance with the requirements of the
Contract Documents, and that it has correlated the results of all such data with the requirements
of the Contract Documents. No claim of any kind shall be made or allowed for any error,
omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any
other report or data furnished or not furnished by the City.
2-9 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any
discrepancies before proceeding with related Work. The Contractor shall perform all survey and
layout Work per the benchmark information on the Project Plans. All surveying Work must
conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700
et seq). All Project surveying notes and “cut-sheets” are to be provided to the City after the
completion of each surveying activity and all final surveying notes shall be provided before final
payment to the Contractor.
Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise
indicated in the Special Provisions, surveying costs shall be included in the price of items bid.
No separate payment will be made. Re-staking and replacement of construction survey
markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s
expense.
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2-10 INSPECTION
The Contractor shall arrange and pay for all off-site inspection of the Work required by any
ordinance or governing authorities. The Contractor shall also arrange and pay for other
inspections, including tests in connection therewith, as may be assigned or required.
SECTION 3. CHANGES IN WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the
Standard Specifications.
3-2 CHANGES INITIATED BY THE AGENCY
The City reserves the right, without notice to the Surety, to increase or decrease the quantity of
any item or portion of the Work described in the Contract Documents or to alter or omit portions
of the Work so described, as may be deemed necessary or expedient by the City Engineer,
without in any way making the Contract void. Such increases, alterations or decreases of Work
shall be considered and treated as though originally contracted for, and shall be subject to all
the terms, conditions and provisions of the original Contract. The Contractor shall not claim or
bring suit for damages, whether for loss of profits or otherwise, on account of any decrease,
alteration or omission of any kind of Work to be done.
3-3 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered
and cannot be paid for under any of the various items or combination of items for which a Bid
price appears on the Bid. The Contractor shall not do any Extra Work except upon written order
from the City.
SECTION 4. CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
The provisions below shall supplement but not replace those provisions in Section 4-1 of the
Standard Specifications.
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will
meet all requirements of this Contract as to the quality of materials, equipment, and
workmanship.
4-1.1 Test of Materials
Except as elsewhere specified, the City shall bear the cost of testing materials and
workmanship that meet or exceed the requirements indicated in the Standard Specifications and
the Special Provisions. The cost of all other tests, including the retesting of material or
workmanship that fails to pass the first test, shall be borne by the Contractor.
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the
burden of proof as to the comparative quality and suitability of alternative equipment or articles
or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense,
all information necessary or related thereto as required by the City. All requests for substitution
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shall be submitted, together with all documentation necessary for the City to determine
equivalence, no later than five (5) Days before the Bid submission deadline, unless a different
deadline is listed in the Special Provisions.
SECTION 5 UTILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the
Standard Specifications.
5-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained.
The methods used and costs involved to locate existing elements, points of connection and all
construction methods are the Contractor’s sole responsibility. Accuracy of information
furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements,
which may include contacting Underground Service Alert and other private underground locating
firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert
Identification Number issued by Underground Service Alert during the course of the Project, the
Contractor must submit to the City the following form. The Contractor shall be responsible for
preserving the integrity of the existing underground utilities at the site.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued
before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of
three (3) Working Days before scheduled excavation. For best response, provide as much
notice as possible up to ten (10) Working Days.
Dig Alert Identification Number: ________________________________________________
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground
Service during the course of the Work. Additional forms may be obtained from the City upon
request.
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5-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for
the purpose of making repairs or changes in their property that may be necessary as a result of
the Work as well as any other reason authorized by the City. When the Contract Documents
provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract
Documents are silent in this regard and it is determined by the City that the Utility owners must
alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for
those alterations, relocations or reconstructions by the respective Utility owners. City
employees and agents shall likewise have the right to enter upon the Project site at any time
and for any reason or no reason at all.
5-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair
the Utility at no cost to the Utility or the City.
5-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned
shall be removed by the Contractor as required for the Work, unless directed otherwise by the
City. The remaining portion of the existing Utility which is left in place shall be accurately
recorded, in elevation and plan, on the control set of Contract Drawings.
5-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or
private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities
that interfere with the progress of the Work. The Contractor shall schedule the Work so as to
minimize interference with the relocation, altering, or other rearranging of facilities.
5-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to
the site by other contractors during the performance of the Work under this Contract. The
Contractor shall conduct its operations so as to cause a minimum of interference with the work
of such other contractors, and shall cooperate fully with such contractors to provide continued
safe access to their respective portions of the site, as required to perform work under their
respective contracts. Compensation for compliance shall be included in the various items of the
Work, and no additional compensation shall be allowed therefor.
5-7 NOTIFICATION
The Contractor shall notify the City and the owners of all Utilities and substructures not less than
forty-eight (48) hours before starting construction. The following list of names and telephone
numbers is intended for the convenience of the Contractor and is not guaranteed to be complete
or accurate:
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CITY ENGINEER
(805) 517-6255
TRAFFIC ENGINEER
(805) 517-6285
CITY POLICE DEPARTMENT
(805) 532-2700
CALIFORNIA HIGHWAY PATROL
(805) 553-0800
MOORPARK TRANSIT DIVISION
(805) 517-6257
VENTURA COUNTY WATERWORKS
DISTRICT NO. 1
(805) 378-3000
CALLEGUAS MUNICIPAL WATER
DISTRICT
(805) 526-9323
SO. CALIFORNIA EDISON COMPANY
(800) 655-4555
THE GAS COMPANY
(800) 427-2200
MED TRANS AMBULANCE
(805) 495-4668
TIME WARNER
(888) 892-2253
AT & T
(800) 310-2355
UNDERGROUND SERVICE ALERT
1-800-422-4133
UNION PACIFIC RAILROAD CO.
(800) 336-9193
MOORPARK UNIFIED SCHOOL DIST.
(805) 378-6300
VENTURA COUNTY FIRE PROTECTION DISTRICT
(805) 389-9710
U.S. POST OFFICE
(805) 529-3596
WASTE MGMT/GI RUBBISH
(805) 522-9400
ANDERSON RUBBISH
(805) 526-1919
CALTRANS
(805) 653-2584
SUNESYS
California Sales / Operations
(951) 278-0400
SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 6 of the
Standard Specifications.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard
Specifications after notification of the Contract award and before any start of the Project, as well
as the revised construction schedule in advance of beginning revised operations, the Contractor
shall submit an updated construction schedule with its monthly invoice every month. Progress
payments shall be contingent upon the receipt of monthly updated construction schedules.
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One (1) week before the scheduled pre-construction meeting, the Contractor must submit a
construction schedule to the City for review and approval. The Contractor shall make revisions
as required by the City. 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 and the Traffic Control Plan. The Contractor shall update this Construction Schedule
when directed by the City, or when:
a. A Change Order significantly affects the Contract completion date or the
sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is
changed and does not conform to the Contractor’s current accepted Project construction
schedule.
6-1.1.1 Pre-Construction Meeting
Approximately ten (10) Days before the commencement of Work at the site, a pre-construction
meeting will be held at the City and shall be attended by the Contractor’s Project manager, its
on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.
Attendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City for
approval a minimum of two (2) Working Days before the pre-construction meeting. Unless
previously submitted to the City, the Contractor shall bring to the pre-construction conference
copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring
long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress
payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.
Both daytime and emergency telephone numbers shall be included in the written
designation.
The purpose of the meeting is to designate responsible personnel and establish a working
relationship. The parties will discuss matters requiring coordination and establish procedures
for handling such matters. The complete agenda will be furnished to the Contractor before the
meeting date. The Contractor shall be prepared to discuss all of the items listed below.
1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them
informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals.
4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes.
8) NPDES requirements, if any.
9) Field decisions and Change Orders.
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10) Use of Project site, office and storage areas, security, housekeeping, and the
City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.
6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting
location, day of the week and time of day will be mutually agreed to by the City and the
Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each
meeting. The construction manager will preside at these meetings and will prepare the meeting
agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work
progresses, if it is determined by agreement of the attendees, that weekly meetings are not
necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications,
which allow termination upon any written notice, the City may cancel the Contract for any other
reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined
in Section 6-5 shall apply to such situation, including the Contractor’s required immediate
notification of Subcontractors and suppliers and the payment. In no event (including termination
for impossibility or impracticability, due to conditions or events beyond the control of the City, for
any other reason or for no reason) shall the total amount of money to Contractor exceed the
amount which would have been paid to Contractor for the full performance of the services
described in the Contract.
Furthermore, some of the City’s projects are funded in whole or in part by funds other than the
City’s General Fund. If this Project is funded by such external funds in whole or in part, or if
those external funds are terminated or reduced at any time and for any reason or for no reason
at all, and the City determines at its discretion that no other funding is available for continuation
of this Project, the City will not be obligated to continue funding for the services contained in
these Contract Documents and may terminate the Project immediately. The City shall
reimburse the Contractor for its work satisfactorily completed until the termination date. In no
event shall the total amount of money to the Contractor exceed the amount which the City has
received in funding from its external source. The Special Provisions may include further details
in this regard.
6-6 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change
Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If
the Change Order does not reserve the right of the parties, or either of them, to seek an
adjustment to the Contract time, then the parties forever relinquish and waive such right and
there shall be no further adjustments to the Contract time.
6-6.1 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work,
any such extension shall not release any guarantee for the Work required by the Contract
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Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds
executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to
any such extensions of time. The amount of time allowed by an extension of time shall be
limited to the period of the delay giving rise to the same as determined by the City.
Notwithstanding any dispute which may arise in connection with a claim for adjustment of the
Contract time, the Contractor shall promptly proceed with the Work.
6-6.2 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have
no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no
payment of compensation of any kind shall be made to the Contractor for damages or increased
overhead costs caused by any delays in the progress of the Contract, whether such delays are
avoidable or unavoidable or caused by any act or omission of the City or its agents. Any
accepted delay claim shall be fully compensated for by an extension of time to complete the
performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable
delay is caused solely by the City, the Contractor shall be entitled to a Change Order that:
(1) extends the time for completion of the Contract by the amount of delay caused by the City;
and (2) provides equitable adjustment, as determined by the City, to the Contractor.
6-8 COMPLETION, ACCEPTANCE AND WARRANTY
The Contractor shall complete all Work under the Contract within twenty (20) Working Days
from the Notice to Proceed. The Contractor shall not be allowed to begin any construction
activity at the site before the issuance of the Notice to Proceed. Between the period of the
Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin
procuring equipment and materials.
6-8.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff
regarding recordation of the Notice of Completion until all required Work is completed, the Work
site is cleaned up in accordance with Section 7-8 of the Standard Specifications, the General
Provisions, and the Special Provisions, and all of the following items have been received by the
City:
1. A form of Notice of Completion, with all information required by the California Civil Code;
2. All written guarantees and warranties;
3. All “as-builts”;
4. The warranty or maintenance Bond or proof from the Surety of the extension of the
performance Bond, as more specifically detailed in Section 2-4 of these General Provisions; and
5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and
data, together with such field instructions as necessary to fully instruct City personnel in correct
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operation and maintenance procedures for all equipment installed listed under the electrical, air
conditioning, heating, ventilating and other trades. This data and instructions shall be furnished
for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven (7) Working Days notice for final inspection. Such
notice shall be submitted to the City in writing.
6-8.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed
to be completed upon the date of recordation of the Notice of Completion. If that direction is
contingent on the completion of any items remaining on a punchlist, the Work shall be deemed
to be completed upon the date of the City’s acceptance of the final item(s) on that punchlist.
The Contractor shall repair or replace defective materials and workmanship as required in
Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor
agrees to defend, indemnify and hold the City harmless from claims of any kind arising from
damage, injury or death due to such defects.
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the Contract, either in whole or in part, and that no payment shall be construed
to be in acceptance of any defective Work or improper materials. Further, the certificate or final
payment shall not terminate the Contractor’s obligations under the warranty herein. The
Contractor agrees that payment of the amount due under the Contract and the adjustments and
payments due for any Work done in accordance with any alterations of the same, shall release
the City, the City Council and its officers and employees from any and all claims or liability on
account of Work performed under the Contract or any alteration thereof.
6-9 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be
deemed to be completed when the same has been completed in accordance with the Plans and
Specifications therefor and to the satisfaction of the City, and the City has certified such
completion in accordance with Section 6-8.1 of the Standard Specifications.
SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR
The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and
shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected
and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials as insureds or
additional insureds regardless of any inconsistent statement in the policy or any
subsequent endorsement whether liability is attributable to the Contractor or the
City. The insurance provisions shall not be construed to limit the Contractor’s
indemnity obligations contained in the Contract. The City will not be liable for any
accident, loss, or damage to the Work before completion, except as otherwise
specified in Section 6-10.
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The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced
with the following:
Construction materials and equipment shall not be stored in Streets, roads, or
highways unless otherwise specified in the Special Provisions or approved by the
City.
The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall
not be incorporated, and shall instead be replaced with the following:
The Contractor shall relocate, repair, replace, or reestablish all existing
improvements within the Project limits which are not designated for removal (e.g.,
curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs,
Utility installations, pavements, structures, etc.) which are damaged or removed
as a result of the Contractor’s or the Subcontractors’ operations or as required by
the Plans and Specifications.
The last paragraph of Subsection 7-9 of the Standard Specifications shall not be incorporated,
and shall instead be replaced with the following:
All costs to the Contractor for protecting, removing, restoring, relocating,
repairing, replacing, or reestablishing existing improvements shall be included in
the Bid.
Section 7-12 of the Standard Specifications shall not be incorporated, and shall instead be
replaced with the following:
The names, addresses and specialties of the Contractor, Subcontractors,
architects or engineers may not be displayed on any signage within the public
right-of-way. This signage prohibition includes advertising banners hung from
truck beds or other equipment.
Otherwise, the provisions below shall supplement but not replace those provisions in Section 7
of the Standard Specifications.
7-1 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
Noise levels shall be limited to a reasonable level, and shall apply to all construction equipment
on or related to the job whether owned by the Contractor or not. The use of excessively loud
warning signals shall be avoided, except in those cases required for the protection of personnel.
7-2 LABOR
7-2.2.1 Public Work
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code
Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including
without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall
perform all Work on the Project as a public work. The Contractor shall comply with and be
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bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full
herein.
7-2.2.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for
each craft, classification, or type of worker needed to perform the Project are on file at City Hall
and will be made available to any interested party on request. By initiating any Work on this
Project, the Contractor acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and the Contractor shall post such rates at each job site
covered by these Contract Documents.
7-2.2.3 Job Site Notices
The Contractor is required to post job site notices, as prescribed by regulation.
7-2.2.4 Failure to Pay Prevailing Rates
The Contractor shall comply with and be bound by the provisions of 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. The Contractor shall, as a penalty paid to the City, forfeit two
hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to these Contract Documents by the Contractor or
by any Subcontractor.
7-2.2.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq.
concerning the employment of apprentices on public works projects. The Contractor shall be
responsible for compliance with these Sections for all apprenticeable occupations. Before
commencing Work on this Project, the Contractor shall provide the City with a copy of the
information submitted to any applicable apprenticeship program. Within sixty (60) Days after
concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Contract.
7-2.2.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law
providing for the debarment of contractors from public works. The Contractor and
Subcontractors shall not be debarred or suspended throughout the duration of this Contract
pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the
debarment of contractors from public works. If the Contractor or any Subcontractor becomes
debarred or suspended during the duration of the Project, the Contractor shall immediately
notify the City.
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7-2.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,
which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and
verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify
and make such payroll records available for inspection as provided by Section 1776, and
(3) inform the City of the location of the records. The Contractor has ten (10) days in which to
comply subsequent to receipt of a written notice requesting these records, or as a penalty to the
City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for
each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due.
7-2.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The
Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall
comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties
for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit
twenty-five dollars ($25) for each worker employed in the performance of this Project by the
Contractor or by any Subcontractor for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours
in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3
of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the
Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall
be permitted upon public work upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
7-2.5 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor
shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for
public work, unless currently registered and qualified to perform public work pursuant to
Section 1725.5.
7-2.6 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor
shall post job site notices, as prescribed by regulation.
7-2.7 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be
responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860
and 3700, and the Contractor shall include in the written Contract between it and each
Subcontractor a copy of the provisions in this Section 7-2 of the General Provisions and a
requirement that each Subcontractor shall comply with those provisions. The Contractor shall
be required to take all actions necessary to enforce such contractual provisions and ensure
Subcontractor’s compliance, including without limitation, conducting a periodic review of the
certified payroll records of the Subcontractor and upon becoming aware of the failure of the
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Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall
diligently take corrective action to halt or rectify any failure.
7-2.9 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and
defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its
officials, officers, employees, agents and independent contractors serving in the role of City
officials, and volunteers from and against any demand or claim for damages, compensation,
fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in
Section 7-2 of the General Provisions by any Person (including the Contractor, its
Subcontractors, and each of their officials, officers, employees and agents) in connection with
any Work undertaken or in connection with the Contract Documents, including without limitation
the payment of all consequential damages, attorneys’ fees, and other related costs and
expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or
termination of the Contract.
7-3 LIABILITY INSURANCE
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full
force and effect the insurance referenced in Section 7-3 of the Standard Specifications, as
modified below.
7-3.1.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated
volunteers, and independent contractors in the role of City officials, shall be the insured or
named as additional insureds covering the Work, regardless of any inconsistent statement in the
policy or any subsequent endorsement, whether liability is attributable to the Contractor or the
City.
7-3.1.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations
contained in these Contract Documents.
7-3.1.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance
coverage. The Contractor agrees that if it does not keep the required insurance in full force and
effect, and such insurance is available at a reasonable cost, the City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed
an obligation of the Contractor and the cost of such insurance may be deducted, at the option of
the City, from payments due the Contractor. This shall be in addition to all other legal options
available to the City to enforce the insurance requirements.
7-3.1.4 Certificates of Insurance with Original Endorsements
The Contractor shall submit to the City certificates of insurance with the original endorsements,
both of which reference the same policy number, for each of the insurance policies that meet
the insurance requirements, not less than one (1) day before beginning of performance under
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the Contract. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Endorsements may be executed on the City’s standard forms titled
“Additional Insured Endorsement,” copies of which are provided in the Contract Documents, or
on any other form that contains substantially the same terms and is approved by the City’s Risk
Manager. In any case, the endorsements must specifically name the City of Moorpark and its
elected and appointed officials, officers, employees, attorneys, agents, designated volunteers,
and independent contractors in the role of City officials as insureds or additional insureds.
Current insurance certificates and endorsements shall be kept on file with the City at all times
during the term of this Contract. The City reserves the right to require complete, certified copies
of all required insurance policies at any time.
7-3.1.5 Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional
insureds on all of the Contractor’s insurance.
7-4 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the
Standard Specifications.
7-4.1 Contractor’s Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and
expense, to defend with competent defense counsel approved by the City Attorney, protect,
indemnify, and hold harmless the City, its elected and appointed officials, officers, employees,
volunteers, attorneys, agents (including those City agents serving as independent contractors in
the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and
against any and all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, charges, obligations, damages, causes of action, proceedings, suits,
losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses
of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in
connection with or resulting from any act, failure to act, error or omission of the Contractor or
any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or
any of their officers, agents, servants or employees, and/or arising out of, incident to, related to,
in connection with or resulting from any term, provision, image, plan, covenant, or condition in
the Contract Documents; including, without limitation, the payment of all consequential
damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a
“Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment,
award or decree that may be rendered against any of the Indemnitees as to any such Claim.
The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. The
Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless
of whether any insurance policies are applicable or whether the Claim was caused in part or
contributed to by an Indemnitees.
7-4.2 Civil Code Exception
Nothing in this Section 7-4 shall be construed to encompass Indemnitees’ sole negligence or
willful misconduct to the limited extent that the underlying Contract is subject to Civil Code
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Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract
Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful
misconduct or active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction.
7-4.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor
because the acceptance by the City, or the deposit with the City, of any insurance policy or
certificate required pursuant to these Contract Documents. This indemnity provision is effective
regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees
and shall operate to fully indemnify Indemnitees against any such negligence.
7-4.4 Waiver of Right of Subrogation.
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of
their duties, from all Claims arising out of or incident to the activities or operations performed by
or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or
passive negligence by Indemnitees.
7-4.5 Survival.
The provisions of this Section 7-4 shall survive the term and termination of the Contract, are
intended to be as broad and inclusive as is permitted by the law of the State, and are in addition
to any other rights or remedies that Indemnitees may have under the law. Payment is not
required as a condition precedent to an Indemnitee’s right to recover under this indemnity
provision, and an entry of judgment against the Contractor shall be conclusive in favor of the
Indemnitee’s right to recover under this indemnity provision.
7-5 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary
permits from the City, which may include obtaining a no fee encroachment permit for Work
within the public right-of-way, as well as all other permits required from all other agencies.
Should this Project require construction of trenches or excavations which are five (5) feet or
deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA
permit and furnish the City with a copy before Work can commence on this Project. Contractor
shall bear all cost for fees for all agencies except for the City’s permit fees.
7-7 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping,
trash pick-up, and street maintenance contractors, emergency services departments, utility
companies’ crews, and others when necessary. Payment for conforming to these requirements
shall be included in other items of Work, and no additional payment shall be made thereof.
7-8 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before
weekends. The Contractor shall not allow the Work site to become littered with trash and waste
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material, but shall maintain the same in a neat and orderly condition throughout the construction
operation. Materials which need to be disposed shall not be stored at the Project site, but shall
be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of
the City, the cleaning will be done or contracted by the City and shall be back-charged to the
Contractor and deducted from the Contract Price.
The Contractor shall make arrangements for storing its equipment and materials. The
Contractor shall make its own arrangements for any necessary off-site storage or shop areas
necessary for the proper execution of the Work. Approved areas within Work site may be used
for temporary storage; however, the Contractor shall be responsible for obtaining any necessary
permits from the City. In any case, the Contractor’s equipment and personal vehicles of the
Contractor’s employees shall not be parked on the traveled way or on any section where traffic
is restricted at any time, except when authorized by the City under an approved Encroachment
Permit.
The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s
written recommendations and by methods and means that will prevent damage, deterioration,
and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of
products at the Project site and overcrowding of construction spaces. In particular, the
Contractor shall provide delivery and installation coordination to ensure minimum holding or
storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive
to deterioration, theft, and other sources of loss.
Storage shall be arranged to provide access for inspection. The Contractor shall periodically
inspect to assure products are undamaged and are maintained under required conditions.
The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish,
debris, unused materials, concrete forms, construction equipment, and temporary structures
and facilities used during construction. Final acceptance of the Work by the City will be withheld
until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up
of the Project site.
All costs associated with the clean-up and storage required to complete the Project shall be the
sole responsibility of the Contractor.
7-10 SAFETY
The provisions below shall supplement but not replace those provisions in Subsection 7-10 of
the Standard Specifications.
7-10.2 Haul routes
Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows:
The Contractor must obtain the City Engineer’s approval before using any haul
routes. Further detail requirements for haul traffic are delineated in the Special
Provisions.
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7-10.5.3 Steel Plate Covers
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day
with steel plate covers.
7-15 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications as follows:
7-15.1 Construction and Demolition Ordinance
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all
demolition and city-sponsored projects, regardless of cost; new construction projects valued over
$500,000; or renovation projects valued over $100,000 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 one of the City’s franchised haulers (Waste
Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can
provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-
haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste
you must use proper hauling vehicles and bins owned by your company and those vehicles must
be driven by your employees. Please remember that because this project is a prevailing wage
project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the
C&D materials to the authorized facility. You will need to submit itemized weigh tickets from
each facility documenting your C&D recycling and disposal that indicates the weight and
type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid
Waste Division and verified prior to final payment release for the job and refund of your C&D
diversion security deposit. If diversion requirements are not met, the City will retain the deposit.
Please contact the Solid Waste Division at 805-517-6257 with questions about the C&D ordinance
or about how to obtain the forms and documentation requirements.
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions of Section 8 of the Standard Specifications shall apply except as modified
herein. No field offices for City personnel shall be required; however, City personnel shall have
the right to enter upon the Project at all times and shall be admitted to the offices of the
Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its
own personnel.
SECTION 9. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 9 of the
Standard Specifications.
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9-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools
and incidentals required to complete the Project as outlined in these Contract Documents and
as directed by the City.
9-3 PAYMENT
9-3.1 General
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still
pending, the amount deducted from the final estimate and retained by the City will be paid to the
Contractor except such amounts as are required by law to be withheld by properly executed and
filed notices to stop payment, or as may be withheld for any other lawful purposes.
9-3.2 Partial and Final Payment
9-3.2.1 Monthly Closure Date and Invoice Date
In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall
be the last Day of each month. A measurement of Work performed and a progress estimate of
the value thereof based on the Contract and of the monthly payment shall be prepared by the
Contractor and submitted to the City before the tenth (10th) Day of the following month for
verification and payment consideration.
9-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed
and properly submitted payment request, including an updated construction schedule pursuant
to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment
request determined not to be a proper payment request as soon as practicable, but not later
than seven (7) Days after receipt, and shall explain in writing the reasons why the payment
request is not proper.
9-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However,
at any time after fifty percent (50%) of the Work has been completed, if the City Council finds
that satisfactory progress is being made, it may, at its discretion, make any of the remaining
progress payments in full for actual Work completed. The City shall withhold not less than five
percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4)
until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of
a notice of completion or cessation, but not longer then the period permitted by Public Contract
Code Section 7107.
9-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the
City, the City shall notify the City Clerk that the Contract has been completed in its entirety. The
Contractor shall then submit to the City a written statement of the final quantities of Contract
items for inclusion in the final invoice. Upon receipt of such statement, the City shall check the
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quantities included therein and shall authorize a payment amount, which in the City’s opinion
shall be just and fair, covering the value of the total amount of Work done by the Contractor,
less all previous payments and all amounts to be retained under the provisions of the Contract
Documents (“Final Payment Amount”). The City shall then request that the City accept the
Work and that the City Clerk be authorized to file, on behalf of the City in the office of the
County Recorder, a Notice of Completion of the Work herein agreed to be done by the
Contractor. In addition, the final payment will not be released until the Contractor returns the
control set of Plans and Specifications showing the redlined as-built conditions.
9-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be
permitted to substitute securities in lieu of having retention withheld by the City from progress
payments when such payments become due or, in the alternative, the Contractor may request
that the City make payments of earned retentions directly to an agreed upon designated escrow
agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the
following shall control.
9-3.2.5.1 Substitution of Securities for Performance Retention
At some reasonable time before any progress payment would otherwise be due and payable to
the Contractor in the performance of Work under these Contract Documents, the Contractor
may submit a request to the City in writing to permit the substitution of retentions with securities
equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld.
The Contractor shall deposit such securities with the City or may, in the alternative, deposit such
securities in escrow with a State or federally chartered bank in California, as the escrow agent,
at the Contractor’s expense. Such securities will be the equivalent or greater in value of the
estimated amount of retention. If the Contract is modified by written Modifications or Change
Orders or the Contractor otherwise becomes entitled to receive an amount more than the
Contract Price at the time the securities are deposited, the Contractor shall, at the request of the
City, deposit with the City or escrow agent, whichever is applicable, additional securities within a
reasonable time so that the amount of securities on deposit with the City or escrow agent is
equivalent or greater in value than the amount of retention the City would otherwise be entitled
to withhold from progress payments due or to become due to the Contractor as the Work
progresses. The City shall withhold any retention amount that exceeds the security amount until
the additional securities are deposited and, if the deposit is with an escrow agent, the City has
confirmation from that escrow agent of the new total value of securities. Upon satisfactory
completion of the Contract, which shall mean, among other things, that the City is not otherwise
entitled to retain proceeds from progress payments as elsewhere provided in the Contract or
under applicable law, the securities shall be returned to the Contractor. The City shall, within its
sole discretion, determine whether the amount of the securities on deposit with the City or
escrow agent is equal to or greater than the amount of estimated retention of progress
payments that could otherwise be held by the City if the Contractor had not elected to substitute
same with securities.
9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent
As an alternative to the substitution of securities, as provided above, or the City otherwise
retaining and holding retention proceeds from progress payments, the Contractor may request
the City to make payments of retentions earned directly to an escrow agent with the same
qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its
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sole expense, the Contractor may direct the investment of such retention payments into only
such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned
on such investments on the same terms provided for securities deposited by the Contractor.
Upon satisfactory completion of the Contract, which shall mean when the City would not
otherwise be entitled to withhold retention proceeds from progress payments had the Contractor
not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to
receive from the escrow agent all securities, interest and payments deposited into escrow
pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later
than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs
attributed to retention withheld from each Subcontractor, on the amount withheld to ensure
performance of the Contractor.
9-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then
the Subcontractor shall receive the identical rate of interest received by the Contractor on any
retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata
costs associated with administering and calculating that interest. In the event that the interest
rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the
interest rate paid during the time that retentions were withheld from the Subcontractor. If the
Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the
Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for
the release of moneys held in retention by the Contractor. The Contractor shall pay each
Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to
each Subcontractor from the moneys plus the respective amount of interest earned, net of costs
attributed to the retention held from each Subcontractor, on the amount of retention withheld to
ensure performance of the Subcontractor.
9-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430,
bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed upon between the Contractor and
the City. The Contractor shall be the beneficial owner of any securities substituted for any
monies withheld and shall receive any interest thereon.
9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention
The escrow agreement that shall be used for the deposit of securities in lieu of retention shall
substantially conform to the form prescribed in Public Contract Code Section 22300(f).
9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements
If there is any inconsistency between or differences in Public Contract Code Section 22300 and
the terms of this provision, or any future amendments thereto, Section 22300 shall control.
9-4 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and
other written materials used by the Contractor in preparing its billings to the City as a condition
precedent to any payment to the Contractor or in response to a construction claim or a Public
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Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly
furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject
to State Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3) years after final payment under the Contract. The Contractor shall
include a copy of this Section 9-4 in all contracts with its Subcontractors, and the Contractor
shall be responsible for immediately obtaining those records or other written material from its
Subcontractors upon a request by the State Auditor or the City. If the Project includes other
auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on 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. The Contractor understands and agrees that it is
bound by and will comply with the nondiscrimination mandates of all statutes and local
ordinances and regulations.
10-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the
Contractor a Notice to Proceed. The City will not authorize any Work to be done under these
Contract Documents before the Contract has been fully executed. Any Work that is done by the
Contractor in advance of such time shall be considered as being done at the Contractor’s own
risk and responsibility, and as a consequence will be subject to rejection.
10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6-8.2 of the General
Provisions, by written action of the City, the Contractor shall have the charge and care thereof
and shall bear the risk of injury or damage to any part of the Work by the action of the elements,
criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good
all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance and shall bear the expense thereof, except for such injuries or
damages arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees. In the case of suspension of Work from any cause whatever, the Contractor shall
be responsible for all materials and the protection of Work already completed, shall properly
store and protect them if necessary, and shall provide suitable drainage and erect temporary
structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor
during the course of construction shall be replaced by the Contractor at its own cost. The cost
of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown
in the Bid form and Specifications, and found necessary during the process of construction (but
not due to damage resulting from carelessness on the part of the Contractor during its
operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid.
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10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and
obstructions of any character encountered during the process of excavation. It is understood
that the cost of any such removals are made a part of the unit price bid by the Contractor under
the item for excavation or removal of existing Work.
10-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during
the Contractor’s entire operation to ascertain compliance with the Contract requirements. The
City shall be responsible for the first series of tests. If the initial tests do not meet the Contract
requirements, the Contractor shall bear the cost of all subsequent tests.
If the City requires other tests or more specific requirements for testing regarding this Project,
those details will be included in the Special Provisions.
10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all
fees and costs associated with securing permission to access private property for any portion of
the Project.
10-8 WORKING DAYS AND HOURS
The Contractor shall do all Work between the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday. No Work will be allowed on Saturday, Sunday or City holidays, which are as follows:
(see Appendix III).
In addition, no Work will be allowed on any special election Day that may be declared. Should a
special election Day be declared, a time extension of one (1) Working Day will be granted for
each such Day.
A permit may have other hours or Days for the Contractor to do the Work, and those hours and
Days shall supersede any hours and Days written in this Section.
Whenever the Contractor is permitted or directed to perform night Work or to vary the period
during which Work is performed during the Working Day, the Contractor shall give twelve (12)
hours’ notice to the City so that inspection may be provided. Also, a charge may be made to the
Contractor for approved overtime or weekend inspections requested by the Contractor.
10-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the
Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the
performance of the Work in dispute. The Contractor shall retain any and all rights provided that
pertain to the resolution of disputes and protests between the parties. The Disputed Work will
be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by
mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all
Disputed Work, claims and other disputed matters.
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All claims arising out of or related to the Contract Documents or this Project, and the
consideration and payment of such claims, are subject to the Government Claims Act
(Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code
Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three
hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates
those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor
must file a claim in accordance with the Government Claims Act as a prerequisite to filing a
construction claim in compliance with Article 1.5, and must then adhere to Article 1.5.
10-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the
Project at any time. The City shall timely notify the Contractor of the receipt of any third-party
claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred
in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes
and regulations in force at the time the Contractor performs pursuant to the Contract
Documents.
10-12 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under
penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed,
qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the
services in accordance with the terms and conditions set forth in the Contract Documents;
(b) there are no obligations, commitments, or impediments of any kind that will limit or prevent
its full performance under the Contract Documents; (c) there is no litigation pending against the
Contractor that could adversely affect its performance of the Contract, and the Contractor is not
the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual
knowledge, neither the Contractor nor its personnel have been convicted of a felony.
10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the
Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the
General Provisions that is or may likely make the Contractor “financially interested,” as provided
in Government Code Sections 1090 and 87100, in any decisions made by the City on any
matter in connection with which the Contractor has been retained pursuant to the Contract
Documents.
10-14 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by
and construed under the laws of the State of California, excluding California’s choice of law
rules. Venue for any such action relating to the Contract shall be in the Ventura County
Superior Court.
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10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent
contractors. Neither the City nor any of its officials, officers, employees or agents shall have
control over the conduct of the Contractor, Subcontractors, or any of their officers, employees,
or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose
of all portions of their time and activities that they are not obligated to devote to the City in such
a manner and to such Persons that the Contractor or Subcontractors wish except as expressly
provided in these Contract Documents. The Contractor and Subcontractors shall have no
power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner,
or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not,
at any time or in any manner, represent that they or any of their agents, servants or employees,
are in any manner agents, servants or employees of the City. The Contractor and
Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and
to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and
interest asserted against the City by reason of the independent contractor relationship created
by the Contract Documents. The Contractor shall include this provision in all contracts with all
Subcontractors.
10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of these Contract Documents shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Contract Documents or who drafted that portion of the
Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these
Contract Documents shall not be a waiver of any other condition of performance under these
Contract Documents. In no event shall the making by the City of any payment to the Contractor
constitute or be construed as a waiver by the City of any breach of covenant, or any default that
may then exist on the part of the Contractor, and the making of any such payment by the City
shall in no way impair or prejudice any right or remedy available to the City with regard to such
breach or default.
10-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect
until the Contractor has fully rendered the services required by the Contract Documents or the
Contract has been otherwise terminated by the City. However, some provisions may survive
the term listed within this Section, as stated in those provisions.
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10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required
by these Contract Documents shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during the City’s regular business
hours or (b) on the third (3rd) business day following deposit in the United States mail, postage
prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address
as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract
Documents shall continue in full force and effect.
379
Appendix I
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APPENDIX I
Scope of Work
Community Center Beam Replacement and Reinforcement Project
Moorpark, California
This is intended to be a general scope of work for the project. The scope of work does
not supersede information on the plans and drawings for the project. Any conflict
between this scope of work and the plans, drawings and technical specifications, the
plans, drawings and technical specifications will supersede this scope of work.
101. Provide all labor and materials, tools, equipment, transportation and services,
and any and all materials necessary for and incidental to performing all
operations and improvements related to removal and replacement of failed glu-
laminated beam in Apricot Room. Measurement and payment for this work will be
made at the contract lump sum as shown in the Bid Schedule. The contract price
and payment shall be considered as full compensation for replacing the failed
glue-laminated beam pursuant to Plans and Specifications detailed in Appendix II
& III.
102. Provide all labor and materials, tools, equipment, transportation and services,
and any and all materials necessary for and incidental to performing all
operations and improvements related to reinforcement of glue-laminated beam in
the Apricot Room. Measurement and payment for this work will be made at the
contract lump sum as shown in the Bid Schedule. The contract price and
payment shall be considered as full compensation pursuant to Plans and
Specifications detailed in Appendix IV.
103. Provide all labor, materials, tools and equipment to paint the rooms noted in Bid
Proposal and on Appendix VI. Painting Specifications are outlined in Appendix V.
The contract price and payment shall be considered as full compensation for this
work.
104. Provide all labor, materials, tools and equipment to remove approximately 690
linear feet of 6” vinyl cove base and replace with 6” vinyl cove base to match
existing color. Installation of vinyl cove base shall be per standard industry
practice and manufacturer’s specifications. The contract price and payment shall
be considered as full compensation for this work.
105. Once Glue Laminated Beam Reinforcement is completed and stage sub-floor
prepared, Contractor to remove existing approximately 580 sq.ft. Vinyl
Composition Tile (VCT) on the stage and replace with commercial grade VCT.
Contractor responsible for verifying square footage amounts for removal and
replacement. VCT tile to be installed per standard industry practice and
manufacturer’s specifications. Contractor to provide samples for City to make
color choice, prior to material being ordered. The contract price and payment
shall be considered as full compensation for this work.
380
Appendix I
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106. Storage of equipment, supplies and materials can be accommodated on site.
Contractor required to provide fencing, with privacy screen, around the temporary
storage area to restrict access by the general public. 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.
107. Contractor will provide a competent English-speaking Superintendent to oversee
the complete project. The Superintendent shall be present at all times work is
being performed. The Superintendent shall have the authority to bind Contractor
through Superintendents acts. The Superintendent shall represent the
Contractor; communications given to the Superintendent shall be binding on the
Contractor.
108. 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.
109. 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.
381
Appendix II
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APPENDIX II
TECHNICAL SPECIFICATIONS
COMMUNITY CENTER BEAM REPLACEMENT
382
383
384
385
386
Appendix III
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APPENDIX III
PLANS – COMMUNITY CENTER BEAM REPLACEMENT
387
388
389
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APPENDIX IV
PLANS – COMMUNITY CENTER BEAM REINFORCEMENT
390
A
2
1
3
4
5
6
B
S2
1
S3
1
PARTIAL ROOF FRAMING PLAN
GENERAL NOTES WOOD
NEW LAMINATED VENEER LUMBER (LVL)
NOTES:
VICINTY MAP
LOCATION OF WORK MOORPARK AVE
CHARLES ST
SCOPE OF WORK
CONTINUOUS
DEPUTY INSPECTION
S1GENERAL NOTES, VICINITY MAP,
PARTIAL ROOF FRAMING PLAN JANUARY 2018VC-2017-0213799 MOORPARK AVENUEMOORPARK, CALIFORNIA 93021ROOF STRUCTURE REINFORCEMENT391
S3
3A
S3
2
S3
1
1
S2
BUILDING SECTION
STORAGE ROOMVIDEOGRAPHER'S ROOM
S2BUILDING SECTION JANUARY 2018VC-2017-0213799 MOORPARK AVENUEMOORPARK, CALIFORNIA 93021ROOF STRUCTURE REINFORCEMENT392
A. PARTIAL PLAN VIEW LOOKING AT BOTTOM OF LVL
B. PARTIAL SECTION OF LAMINATION NAILING
3
S3
TYPICAL NAILING AT REINFORCEMENT
MARK
NO. OF LAMINATIONS
TO FASTEN SCREW TYPE
*
*
FASTENER SCHEDULE
MIN. PENETRATION
TO GLULAM BEAM
1
S3
TYPICAL SECTION THRU REINFORCED GLB
A
A
B
C
B
C
SIZE OF NEW LVL
LAMINATION
2
S3
TYPICAL SCARF SPLICE DETAIL
S3STRUCTURAL DETAILS JANUARY 2018VC-2017-0213799 MOORPARK AVENUEMOORPARK, CALIFORNIA 93021ROOF STRUCTURE REINFORCEMENT393
82000-0016\1800815v1.doc Appendix V Richards, Watson & Gershon -2015
APPENDIX V
PAINTING SPECIFICATIONS
394
103 – Painting Specifications
Contractor responsible for preparing the walls to receive paint including cleaning,
drywall repair, patching, caulking, and sanding surfaces to receive paint.
No repainting work shall commence until the City has approved the preparation,
patching and repair of the walls.
Contractor to apply two coats of primer and two coats of paint to prepared
surfaces, using Dunn-Edwards products or equal. If two coats of paint do not
provide coverage a third coat should be applied to achieve proper coverage and
color.
Where manufacturer specifies a certain product for a particular surface,
Contractor to select “best” product match for that surface.
Paint colors are to match existing room colors or per City. Contractor to confirm
desired paint colors with and paint colors should be submitted to City for approval
prior to purchasing paint in quantity.
City will require a 4’x4’ paint test area prior to full painting for all selected colors.
Paint is to be applied only to dry, clean, and adequately prepared surfaces in
areas where dust is no longer generated by adjacent construction activities.
All paints should be ready-mixed and pre-tinted. Re-mix all paint in containers
prior to and during application to ensure break-up of lumps, complete dispersion
of settled pigment, and color and gloss uniformity.
Sand and dust prior to application of primer and in between each coat of paint to
provide an anchor for the next coat and remove defects from previous coats.
Do not apply finishes on interior surfaces that are not sufficiently dry. Unless
manufacturer’s directions state otherwise, each coat shall be sufficiently dry and
hard before following coat is applied.
Contractor shall paint all painted doors, colors to match existing. Wooden doors
or doors with a wood tone or look are NOT A PART of this work.
Contractor responsible to protect all adjacent interior surfaces and areas that are
not being painted with generally accepted methods, such as masking and
covering affected areas. Contractor will be responsible for replacing/repairing any
damage caused by not properly protecting the work areas.
395
103- Painting Specifications -continued
During work, contractor responsible for posting barriers and signs warning
building users of wet paint conditions and keeping them out of work areas.
During work, Contractor responsible for removing all paint where spilled
splashed, splattered or sprayed as work progresses using means and materials
that are not detrimental to affected surfaces.
Remove empty paint cans and safety dispose of them in accordance with
applicable law.
Clean equipment and dispose of wash waster/solvents and other cleaning and
protective materials, paints, paint removers/strippers in accordance with
applicable law.
At completion of painting all surfaces, preparation and paint application shall be
inspected for uniformity and soundness.
Repainted interior surfaces shall be considered to lack uniformity and soundness
if any of the following defects are apparent during inspection:
o Brush/roller marks, streaks, laps, runs, sags, drips, heavy stippling, hiding
or shadowing due to inefficient application methods, missed or skipped
areas, foreign materials in paint coatings
o Damage due to touching paint before sufficiently dry
o Damage due to application of paint on moist surfaces
o Damage and/or contamination due to blown contaminants
Painted surfaces rejected by the City shall be made good at the expense of the
Contractor. Small affected areas may be touched up; large affected areas or
areas without sufficient dry film thickness of paint shall be repainted. Runs, sags
or damaged paint shall be removed by scraper or sanding prior to application of
paint.
396
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APPENDIX VI
COMMUNITY CENTER - AREAS TO BE PAINTED
397
APRICOT ROOM MENSMENSWOMENSWOMENSCITRUS ROOM
FRONT PATIO
(AAC)
ACTIVE ADULT
CENTER
KITCHEN
KITCHEN
Community Center
Areas to be Painted - noted in grey shading
398
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APPENDIX VII
CITY HOLIDAYS – 2018
Monday, January 1 – New Year’s Day
Monday, January 15 – Martin Luther King, Jr. Day
Monday, February 19 – Presidents Day
Friday, March 30 – Cesar Chavez Day
Monday, May 28 – Memorial Day
Wednesday, July - 4th of July
Monday, September 3 – Labor Day
Monday, November 12 – Veterans Day Observed
Thursday, November 22 – Thanksgiving Day
Friday, November 23– Extended Thanksgiving Holiday
Monday, December 24 – Extended Christmas Holiday
Tuesday, December 25 – Christmas Day
Monday, December 31 – Extended New Year’s Holiday
399
RESOLUTION NO. 2018-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2017/18 BUDGET BY INCREASING GENERAL FUND (1000)
EXPENDITURES BY $305,273 FOR THE COMMUNTIY CENTER
GLUE LAMINATED BEAM REPLACEMENT AND
REINFORCEMENT PROJECT (PROJECT NO. M0043) AND
INCREASING GENERAL FUND (1000) REVENUES BY $93,200
TO REFLECT INSURANCE REIMBURSEMENT
WHEREAS, on June 21, 2017 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2017/18; and
WHEREAS, a structural beam failed in the Community Center requiring complete
replacement, and another beam has been identified that needs reinforcement. The
California Joint Powers Insurance Authority (JPIA), the City’s insurance provider, hired a
structural engineering firm to provide plans and specifications for the replacement
beam. The City hired a structural engineering firm to provide plans and specifications
for the reinforcement of the remaining beam.The design services cost is $12,920; and
WHEREAS, a staff report has been presented to the City Council recommending
award of bid for the Community Center Glue Laminated Beam Replacement and
Reinforcement Project (M0043) to Dekan Construction Corporation for the total contract
amount of $292,353; and
WHEREAS, the same staff report is recommending a budget amendment to
increase General Fund (1000) expenditures by $305,273 to finance the project; and a
budget adjustment to increase General Fund (1000) revenues by $93,200 to reflect the
JPIA claim reimbursement of $98,200 less $5,000 deductible to replace the failed beam;
and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget expenditure increase in the amount of $305,273 from
General Fund (1000) as more particularly described in Exhibit “A”, attached hereto, is
hereby approved.
SECTION 2. A budget revenue increase in the amount of $93,200 in the General
Fund (1000) as more particularly described in Exhibit “A”, attached hereto, is hereby
approved.
400
Resolution No. 2018-_____
Page 2
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of May, 2018.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
________________________________ ___
Maureen Benson, City Clerk
Exhibit A – Budget Amendment
401
Resolution No. 2018-_____
Page 3
FUND BALANCE ALLOCATION:
Account Number Amount
1000-000-00000-33990 212,073.00$
Total 212,073.00$
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
1000-000-00000-44100 20,000.00$ 93,200.00$ 113,200.00$
Total 20,000.00$ 93,200.00$ 113,200.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000-171-M0043-51000 -$ 12,920.00$ 12,920.00$
1000-171-M0043-53000 -$ 292,353.00$ 292,353.00$
-$ -$ -$
Total -$ 305,273.00$ 305,273.00$
Finance Approval: ___________
Fund Title
General Fund
EXHIBIT A
BUDGET AMENDMENT FOR
GENERAL FUND (1000)
COMMUNITY CENTER BEAM REPLACEMENT AND REINFORCEMENT PROJECT
(M0043)
FY 2017/18
402