HomeMy WebLinkAboutAGENDA REPORT 2018 0606 CCSA REG ITEM 10JCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of June 6, 2018
ACTION Approved staff
recommendation. Adopted
Reso No. 2018-3711
BY M. Benson
Consider Agreement with The Adjul Corporation dba Lee Construction Company for
Detention Basin Sediment Removal in Landscape Maintenance District 22 (Moorpark
Highlands) and Resolution Amending the Fiscal Year 2017/18 Budget to Fund the
Project.
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: May 22, 2018 (CC Meeting of 06/06/18)
SUBJECT: Consider Agreement with The Adjul Corporation dba Lee
Construction Company for Detention Basin Sediment Removal in
Landscape Maintenance District 22 (Moorpark Highlands) and
Resolution Amending the Fiscal Year 2017/18 Budget to Fund the
Project
BACKGROUND & DISCUSSION
The Moorpark Highlands community was constructed with several Best Management
Practices (BMPs) to minimize and treat polluted urban runoff before it enters creeks,
streams and eventually the Pacific Ocean. The BMPs constructed in the Highlands are
four debris basins, designed to capture trash and debris from the storm drain system, as
well as two detention basins designed for flood control and water quality treatment.
Funding for the maintenance of these basins has been incorporated in the operating
budget for Landscape Maintenance District 22 (Moorpark Highlands). Currently the two
detention basins for flood control and water quality treatment are in need of sediment
removal.
Staff released an informal bid on May 3, 2018. A mandatory pre-bid site meeting was
held on May 10, 2018 and was attended by six contractors. One bid was received by
the due date of May 22, 2018. The sole bidder was The Adjul Corporation dba Lee
Construction Company (Lee Construction). Lee Construction’s bid was $153,395.
The bid was evaluated on its completeness and cost. Lee Construction possesses the
necessary qualifications, resources and experience to perform the work. Staff is
recommending award of the Agreement to Lee Construction.
Item: 10.J.
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FISCAL IMPACT
The total cost of the contract with Lee Construction is $153,395 plus a 15% contingency
of $23,009, for a total contract amount of $176,404.
Staff included $138,000 in the FY 2017/18 budget for the sediment removal work in
Moorpark Highlands Fund (2322). Staff is requesting a budget amendment from Fund
2322 in the amount of $38,500 to fully fund the sediment removal work.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award Bid for Detention Basin Sediment Removal project to The Adjul
Corporation dba Lee Construction Company for a total contract amount of $176,404,
and authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager; and
2. Adopt Resolution No. 2018-_____ amending the Fiscal Year 2017/18 Budget to
fully fund the project.
Attachments:
1 – Agreement
2 – Resolution No. 2018-_____
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
THE ADJUL CORPORATION DBA LEE CONSTRUCTION COMPANY, FOR
DETENTION BASIN SEDIMENT REMOVAL LANDSCAPE MAINTENANCE DISTRICT
22 (MOORPARK HIGHLANDS)
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2018, between the City of Moorpark, a municipal
corporation (“City”) and The Adjul Corporation dba Lee Construction Company, 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 detention basin sediment removal services;
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, Contractor has submitted to City a Proposal dated May 18, 2018
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in Exhibit D and in conformance with Exhibit C and Exhibit D, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide detention basin sediment removal services, as set forth
in Exhibit C: Contractor’s Bid Proposal, and as set forth in Exhibit D: Informal Bid
Proposal Documents. In the event there is a conflict between the provisions of Exhibit
C, Exhibit D and this Agreement, the language contained in this Agreement shall take
precedence.
Contractor shall perform the tasks described and set forth in Exhibits C and 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 with Exhibit C. Compensation shall not exceed the rates or total contract
value of one hundred fifty-three thousand three hundred ninety-five dollars
($153,395.00) as stated in Exhibit C plus a contingency of twenty-three thousand nine
dollars ($23,009.00), for a total contract amount of one hundred seventy-six thousand
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four hundred four dollars ($176,404.00), without a written amendment to the agreement
executed by both parties. Payment by City to Contractor shall be in accordance with the
provisions of this Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Rick Smith, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed one hundred fifty-three
thousand three hundred ninety-five dollars ($153,395.00) plus a contingency of twenty-
three thousand nine dollars ($23,009.00), for a total contract amount of one hundred
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seventy-six thousand four hundred four dollars ($176,404.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
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Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have seven (7) 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. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
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10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
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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.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
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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
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
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To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Rick Smith
The Adjul Corporation dba Lee Construction Company
4288 Adam Road
Simi Valley, CA 93063
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
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
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alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
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waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK THE ADJUL CORPORATION DBA
LEE CONSTRUCTION COMPANY
By:_______________________________ By:_______________________________
Troy Brown, City Manager Richard L. Smith, President
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor’s employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
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premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
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requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specification applicable to the renewing or new coverage must be provided to the
City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
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assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
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(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the
claim applies shall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion
of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and a contractor may, by mutual agreement, extend the time period provided in
this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day
period, or extension, expires to provide the claimant a written statement identifying the
disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity
fails to respond to a claim issued pursuant to this section within the time prescribed, the
claimant may demand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the public entity shall schedule
a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the public entity
shall provide the claimant a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the claim shall be processed and made within 60 days after the
public entity issues its written statement. Any disputed portion of the claim, as identified
by the contractor in writing, shall be submitted to nonbinding mediation, with the public
entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a qualified
neutral third party to mediate with regard to the disputed portion of the claim. Each party
shall bear the fees and costs charged by its respective mediator in connection with the
selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim
remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent
third party or board assists the parties in dispute resolution through negotiation or by
744
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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PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
CITY OF MOORPARK
May 2, 2018
RE: Detention Basin Sediment Removal Project – Zone 22 – Moorpark Highlands
Proposals due by: May 22, 2018 at 3:00 p.m.
Mandatory On Site Job Walk: May 10, 2018 at 9:00 a.m. starting on Ridgecrest Drive (North
Basin)
INFORMAL BID PROPOSAL
Contractor to:
Provide all labor and materials, appliances, tools, equipment, facilities,
transportation and services necessary for and incidental to performing all operations and
improvements related to removal of sediment in two detention basins (North Basin and South
Basin) located in the Moorpark Highlands neighborhood in the City of Moorpark. Contractor
responsible to remove an estimated 895 cu yds of sediment to return the detention basins to
the design grade. The original detention basin plans depicting the design grade and the City’s
survey showing the current level of sediment in the basins is included as Attachment 6.
Sediment removal shall be per the Basin Maintenance Manual Requirements, Section 2.5. The
South Basin is a water quality basin and the sediment will need to be tested prior to disposal at
the landfill. The Maintenance Manual is included as Attachment 7.
Contractor is responsible to ensure that no damage to the storm drain inlets,
outlets, and risers occurs during sediment removal operations. This scope of work is for
sediment removal only. No erosion repair, or re-vegetation is included in this scope of work.
Contractor responsible for hiring a licensed surveyor to monitor the work and
ensure that the design grade is achieved. Contractor shall provide the City electronic copies of
as built drawings.
Access to the North Basin is via Ridgecrest Drive. All sediment removal
operations on the north basin shall be limited to use of Ridgecrest Drive to limit heavy
equipment traffic in the residential neighborhoods. There shall be no impacts to Elk Run Loop
or Spring Road as a result of Contractor’s operations.
Access to the South Basin is via a residential street (Timber Hollow Lane)
through a gated entrance. Contractors operations will need to be coordinated with the
Homeowner’s Association. City will notify residents of activities. All sediment removal
operations shall be limited to using Timber Hollow Lane to Elk Run Loop. Access out of the
neighborhood should be via Elk Run Loop to Spring Road. There shall be no impacts to Elk
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Informal Bid –Detention Basin Sediment Removal – Zone 22
May 2, 2018
Page 2
Run Loop or Spring Road as a result of Contractor’s operations. No more than one truck shall
be staged on Swift Run Street during removal operations. Contractor can use the end of
Ridgecrest Drive to facilitate operations. No removal operations may be conducted using the
access road located off of Bear Fence Court. Contractor to take all precautions for resident
safety during operations on the South Basin.
Removal quantities are based on an estimated amount. Contractor will be paid
based on actual quantities removed. Pricing will be based on a per cu yd for removal. Per cu
yd cost should include all costs (equipment, labor, hauling, fees etc.) associated with removal.
Contractor is required to provide weigh tickets to indicate the number of loads taken for
removal. Billed quantities should match quantity of weigh tickets. Contractor shall provide City
with verification of loads per truck (cubic yard measurement) prior to start of work.
Contractor shall post no parking signs for any parking closures needed on Swift
Run Street or Timber Hollow Lane required to facilitate the work. No parking signs should be
posted 72 hours prior to operations commencing.
Contractor is required to obtain a no-fee encroachment permit for any bicycle
lane closures on Ridgecrest Drive needed to facilitate operations. Contractor responsible for
complying with any requirements needed to obtain the encroachment permit. Contact the
Public Works Department at (805) 517-6255 for information on obtaining the encroachment
permit.
Contractor responsibilities:
**CONTRACTOR MUST BE REGISTERED WITH THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS (DIR) PURSUANT TO SB 854. PROOF OF REGISTRATION
MUST BE PROVIDED OR THE CONTRACTORS BID WILL NOT BE ACCEPTED
**THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS
SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY
WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE
SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC
SECTION 1776 WILL FORFEIT A $100/DAY/WORKER FINE FOR ALL WORKER’S PAID
LESS THAN THE PREVAILING WAGE RATE.**
1. Each bid must be submitted on the Bid Forms provided. All blanks in the Bid Form
must be filled in and all prices must be stated in both words and figures. It is the sole
responsibility of the bidder to see that the bid is delivered to the proper place and received at
the proper time. Any bid received after the scheduled closing time for receipt of bids will be
returned to the bidder unopened.
2. The bid must be accompanied by certified check, cashier’s check, or bidder’s
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Informal Bid –Detention Basin Sediment Removal – Zone 22
May 2, 2018
Page 3
bond, made payable to the City of Moorpark for an amount no less than ten percent (10%) of
the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly obtain
the required bonds and insurance and will prepare the required submittal documents and
execute the contract. The Bid Bonds for those bids that were not selected will be returned to
the Bidders upon award of the contract by the City Council.
3. The bidder to whom award is made shall execute a written contract with the City
within fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the City and
incorporated in these specifications. The bidder warrants that he/she possesses, or has
arranged through subcontracts, all capital and other equipment, labor and materials to carry
out and complete the work hereunder in compliance with all applicable Federal, State, City,
and Special District laws, ordinances, and regulations.
4. Required Licenses: Bidders must hold a valid Class A State of California
Contractor's License, and have carried a valid license for the last 5 years.
5. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all City projects, regardless of cost; to divert a minimum of 65% of material generated
during the project from disposal in a landfill (through reuse or recycling). The City has created a
Construction and Demolition Materials Management Plan (C&DMMP) form to assist applicants to
meet these diversion requirements. You will be required to submit a Diversion Security Deposit of
3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will
be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for
staff time associated with processing your C&D plan will be charged. You have two options to
meet this requirement. You may use the City’s franchised haulers (Waste Management services
this area), who can provide temporary bins and will dispose of your waste at a city authorized
facility. Or you may self-haul your waste to a city authorized certified C&D processing facility. If
you self- haul your waste you must use proper hauling vehicles and bins owned by your
company and those vehicles must be driven by your employees. Please remember that
because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be
paid a prevailing wage rate for driving the C&D materials to the authorized facility. You will need
to submit itemized weigh tickets from each facility documenting your C&D recycling and
disposal that indicates the weight and type of material recycled or disposed. These weigh
tickets will need to be turned in to the Solid Waste Division and verified prior to final payment
release for the job and refund of your C&D diversion security deposit. If diversion requirements
are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-
6247 with questions about the C&D ordinance or about how to obtain the forms and
documentation requirements.
6. Contractor will be required to provide Payment and Performance bond in the
amount of 100% of the bid price in the form incorporated herein as Attachment 4.
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Informal Bid –Detention Basin Sediment Removal – Zone 22
May 2, 2018
Page 4
7. Verify that areas to remain unaltered adjacent to areas of work are completely
secured and properly barricaded to ensure separation of such operations with anybody other
than who is authorized to be in construction area before beginning such work. Provide
barricades and maintenance thereof, in accordance with applicable Federal, State and local
codes and their respective requirements. Install temporary barricades, enclosures and
protections before work is started.
8. Due to the residential nature of the detention basin locations, contractor’s
working hours are between the hours of 9:00 a.m. and 3:00 p.m., M-F.
9. Perform work exercising proper care to prevent injury to the public, workmen and
areas not included in this work scope. Repair or replace existing work scheduled to remain,
which is damaged by these operations.
10. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
11. Site and surrounding areas to be left clean and free of any debris or other
unsuitable materials.
12. Submit schedule for approval by the City’s Representative indicating proposed
methods and sequence of operations for work. The schedule must account for all subcontract
work, as well as the work of the Contractor, submittals, coordination with the other contractors
performing concurrent work as applicable, and the Traffic Control Plan.
13. It is Contractor’s responsibility to comply with all applicable storm water and
urban runoff permits, regulations, codes or laws. Contractor will be responsible for
implementing a Stormwater Pollution Control Plan (SWPCP) and completing and maintaining
all supporting documentation, as detailed in Attachment XX If there are questions, Contractor
may contact the NPDES Coordinator in the Public Works Department at 805-517-6257.
14. Storage of equipment, supplies and materials shall be allowed at the easterly end
of Ridgecrest Drive. 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.
15. 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.
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Informal Bid –Detention Basin Sediment Removal – Zone 22
May 2, 2018
Page 5
The Superintendent shall represent the Contractor; communications given to the
Superintendent shall be binding on the Contractor.
16. 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.
17. 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.
18. If a prospective bidder is in doubt or has any questions as to the true meaning or
intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or
omissions, he/she may submit, to the City, a written request for an interpretation or a
correction thereof. Interpretations or corrections shall be made only by addendum duly issued
by the City. A copy of such addendum will be mailed, faxed, or delivered to each person
receiving a set of the Contract Documents and such addendum shall be considered a part of,
and incorporated in, the Contract Documents. Questions must be received in writing no
later than 96 hours prior to the bid deadline in order to provide the City sufficient time to
evaluate the question and respond no later than 72 hours prior to the bid deadline.
Questions received after the 96 hour deadline will be deemed not received.
By submitting this proposal, Contractor agrees to sign the City’s standard Agreement and to
provide the insurance required by the contract. A copy of the Standard Agreement and
Insurance Requirements is attached to this proposal. Contractors are encouraged to review
the insurance requirements with their insurance companies to ensure that all terms can
be met.
Proposals are to be submitted to:
Jessica Sandifer, Community Services Manager
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
Please mark outside of the envelope:
DO NOT OPEN, INFORMAL BID
DETENSION BASIN SEDIMENT REMOVAL – ZONE 22
cONTINUED NEXT PAGE 766
Informal Bid –Detention Basin Sediment Removal – Zone 22
May 2, 2018
Page 6
Questions regarding this Request for Proposals can be directed to the City’s representative in
writing via e-mail to:
Jessica Sandifer, Community Services Manager
City of Moorpark,
805-517-6225 or jsandifer@moorparkca.gov
Attachments:
1 – Proposal/Bid Forms (All to be filled out and submitted with Bid)
2 – Form of Bid Bond
3 – City Standard Agreement and Insurance Requirements
4 – Form of Payment and Performance Bond
5 – SWPCP
6 – Surveys - Design Grades/Current Grades
7 – Basin Maintenance Manuals
767
[Informal Bid Proposal Attachment 1 (Proposal/Bid Forms),
Attachment 2 (Form of Bid Bond) and Attachment 3 (City
Standard Agreement and Insurance Requirements) are omitted
so as not to be duplicative. Their content is included in the
Agreement and Exhibit C: Contractor’s Bid Proposal.]
768
ATTACHMENT 4
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:
Detention Basin Sediment Removal Project – Zone 22
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than the total
Contract Price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in the Contract and any
alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void one year after the recordation of the
Notice of Completion by Principal; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees,
incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an
action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or of the Work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to
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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.
770
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:
Detention Basin Sediment Removal Project – Zone 22
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure
the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4
of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully
enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and
penalty assessment against the principal, any of its subcontractors, or both the principal and its
subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a
joint labor management committee may commence an action against the principal, any of its
subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if
the condition of this Bond be fully performed, then this obligation shall become null and void six months
771
after the recordation of the Notice of Completion by the Principal; otherwise, it shall be and remain in
full force and effect.
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.
772
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# ________________________________
773
ATTACHMENT 5
STORM WATER POLLUTION CONTROL PLAN
(attached)
774
*This SWPCP is required for all projects that disturb less than one acre of soil. If the project disturbs
one or more acres of soil, it is subject to the State General Construction NPDES Permit and related
SWPPP (see p. 68 of Ventura County Municipal Stormwater Permit, Order R4-2010-0108).
One Acre equals 43,560 square feet.
STORMWATER POLLUTION CONTROL PLAN
Less Than One Acre*
1. Contractor shall implement an effective combination of erosion and sediment
control best management practices (BMPs) from Table 1 below to prevent
erosion and sediment loss, and the discharge of construction wastes. The BMPs
listed in Table 1 are taken from the California BMP Handbook, Construction,
January 2003 and the Caltrans Stormwater Quality Handbooks, Construction Site
Best Management Practices (BMPs) Manual, March 2003, and addenda.
Table 1: BMPs at construction sites less than 1 acre
Minimum Set of BMPs for All Construction Sites CASQA Caltrans
For Erosion Control
Scheduling EC-1 SS-1
Preservation of Existing Vegetation EC-2 SS-2
Sediment Controls
Silt Fence SE-1 SC-1
Sand Bag Barrier SE-8 SC-8
Stabilized Construction Site Entrance/Exit TC-1 TC-1
Non-Storm Water Management
Water Conservation Practices NS-1 NS-1
Dewatering Operations (Groundwater dewatering
only under NPDES Permit No. CAG994004).*
NS-2 NS-2
Waste Management
Material Delivery and Storage WM-1 WM-1
Stockpile Management WM-3 WM-2
Spill Prevention and Control WM-4 WM-4
Solid Waste Management WM-5 WM-5
Concrete Waste Management WM-8 WM-8
Sanitary/Septic Waste Management WM-9 WM-9
*Ponded stormwater may be discharged at a concentration of Total Suspended Solids (TSS) of 100mg/L
or less.
2. A project that includes roadbed or street paving, repaving, patching, digouts, or
resurfacing roadbed surfaces shall include the following BMPs:
A. Restrict paving and repaving activity to exclude periods of rainfall or
predicted rainfall unless required by emergency conditions.
B. Install sand bags or gravel bags and filter fabric at all susceptible storm
drain inlets and at manholes to prevent spills of paving products and tack
coat.
775
Stormwater Pollution Control Plan for Projects Under One Acre
Page 2 of 4
C. Prevent the discharge of release agents including soybean oil, other oils,
or diesel to the storm water drainage system or receiving waters.
D. Minimize non storm water runoff from water use for the roller and for
evaporative cooling of the asphalt.
E. Clean equipment over absorbent pads, drip pans, plastic sheeting or other
material to capture all spillage and dispose of properly.
F. Collect liquid waste in a container, with a secure lid, for transport to a
maintenance facility to be reused, recycled or disposed of properly.
G. Collect solid waste by vacuuming or sweeping and securing in an
appropriate container for transport to a maintenance facility to be reused,
recycled or disposed of properly.
H. Cover the “cold-mix” asphalt (i.e. pre-mixed aggregate and asphalt binder)
with protective sheeting during a rainstorm.
I. Cover loads with tarp before haul-off to a storage site, and do not overload
trucks.
J. Minimize airborne dust by using water spray during grinding.
K. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt
grinding materials or rubble in or near storm water drainage system or
receiving waters.
L. Protect stockpiles with a cover or sediment barriers during a rain.
3. Contractor shall ensure that prior to the start of construction and annually during
construction, all site personnel responsible for installing, inspecting, and
maintaining BMPs shall be trained. Contractor shall use the Trained Contractor
Personnel Log (Exhibit 1) and shall retain original documents with the
Stormwater Pollution Control Plan and submit copies to City.
4. Contractor shall comply with inspection requirements as detailed in the
Construction Site Inspection Checklist (Exhibit 2) and shall retain all inspection
records for City review.
776
Stormwater Pollution Control Plan for Projects Under One Acre
Page 3 of 4
EXHIBIT 1
TRAINED CONTRACTOR PERSONNEL LOG
Employees and subcontractors must be trained on the SWPCP prior to start of
construction and annually thereafter. Contractor shall keep original training logs
in the SWPCP and forward a copy to the City Engineer/Public Works Director.
Stormwater Management Training Log
Project Name:
Project Number/Location:
Stormwater Management Topic: (check as appropriate)
Erosion Control Sediment Control
Wind Erosion Control Tracking Control
Non-stormwater management Waste Management and Materials Pollution Control
Stormwater Sampling
Specific Training Objective:
Location: Date:
Instructor: Telephone:
Course Length (hours):
Attendee Roster (attach additional forms if necessary)
Name Company Phone
COMMENTS:
777
Stormwater Pollution Control Plan for Projects Under One Acre
Page 4 of 4
EXHIBIT 2
CONSTRUCTION SITE INSPECTION CHECKLIST
Contractor shall complete this checklist and keep a copy with the SWPCP a minimum of:
Monthly during non-rainy season (April 16 through September 30)
Weekly during rainy season (Oct. 1 through April 15)
Before, during and after a significant rain event (.25” or greater)
All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified
SWPPP Developer at least weekly during the wet season and once each 24 hour period during a
storm event that generates runoff from the site to identify BMPs that need maintenance to
operate effectively, that have failed or could fail to operate as intended.
DATE OF INSPECTION: _________________________
Project Name:___________________________Contractor:_____________________
Weather Conditions during inspection:____________________________________
Item
Compliance
Accomplished
YES NO N/A
Date Completed
1 Is the site entrance stabilization adequate?
2 Are equipment/vehicles parked in designated areas and
free from significant leaks? Are drip pans present as
needed?
3 Are maintenance areas free from stains on the soil?
4 Are all materials stored in bins or covered in plastic and
protected from stormwater?
5 Is construction waste being disposed of in proper trash
containers?
6 Are concrete washout stations present and being utilized
and maintained?
7 Is fugitive dust being controlled and water being used as
needed?
8 Are catch basins, drainage channels, drain inlets/outlets
being protected?
9 Are erosion control measures (BMPs) identified in
SWPCP in place and effective?
10 Are sediment control measures (BMPs) identified in
SWPCP in place and effective?
11 If applicable, are enhanced BMPs identified in #7 on p. 5
of SWPCP being implemented as appropriate?
Comments:__________________________________________________________________________
____________________________________________________________________________________
I certify under penalty of law that this inspection is true, and I or a qualified assigned
person has performed the required inspection as stated in the SWPCP.
________________________________ ___________________________________
Inspector Signature Contractor Signature
778
ATTACHMENT 6
BASIN
DESIGN GRADES
CURRENT EXISTING GRADES
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ATTACHMENT 7
BASIN MAINTENANCE MANUAL
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876
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2017/18 BUDGET BY APPROPRIATING $38,500 FROM
MOORPARK HIGHLANDS FUND (2322) FOR DETENTION
BASIN SEDIMENT REMOVAL IN THE LANDSCAPE
MAINTENANCE DISTRICT 22
WHEREAS, on June 21, 2017 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2017/18 which included an
appropriation of $415,647 for Landscape Maintenance District 22 maintenance
expenses of which $138,000 was allocated for detention basin sediment removal; and
WHEREAS, a staff report has been presented to the City Council recommending
award of bid for detention basin sediment removal to The Adjul Corporation dba Lee
Construction Company for the total contract amount of $176,404 and a budget
amendment of $38,500 is requested from Fund 2322 to fully fund this project; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $38,500 from Moorpark
Highlands Fund (2322) as more particularly described in Exhibit “A”, attached hereto, is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of June, 2018.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
________________________________ ___
Maureen Benson, City Clerk
Exhibit A – Budget Amendment
877
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2322-000-00000-33990 38,500.00$
Total 38,500.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2322-542-P0004-53000 472,344.00$ 38,500.00$ 510,844.00$
-$ -$ -$
-$ -$ -$
Total 472,344.00$ 38,500.00$ 510,844.00$
Fund Title
Moorpark Highlands
EXHIBIT A
BUDGET AMENDMENT FOR
MOORPARK HIGHLANDS FUND (2322) FOR
DETENTION BASIN SEDIMENT REMOVAL
FY 2017/18
878