Camarillo City Council
May 13, 2026

City of Camarillo
Public Works Department
Capital Projects

NOTICE TO BIDDERS, PROPOSAL, CONTRACT

AND SPECIFICATIONS

FOR THE CONSTRUCTION OF
Pleasant Valley Road Bike Lanes
Project No. ST-5006
Federal Project No. CML-5393(036)
(RE-BID)
Volume 1 of 2
Bid Documents

BID OPENING
April 21, 2026 AT 3:00 P.M.

James Campero Andrew Grubb, PE
Assistant Director of Public Works, Principal Civil Engineer City Engineer
R.C.E. 76459, Exp. 12/31/2026

Pleasant Valley Road Bike Lanes
Project No. ST-5006
Federal Project No. CML-5393(036)

PROJECT ADMINISTRATION
All inquiries relative to this project shall be directed to Thang Tran, Senior Associate Engineer of the City of Camarillo Public Works Department, prior to opening of bids. All questions relating to interpretation of the Contract Documents or products must be submitted in writing five (5) business days prior to the opening of bids, and responses will be in the form of written addenda, if required as further described in the bid documents. Questions submitted after this time period will not be answered.

Andrew Grubb, PE
Principal Civil Engineer
Public Works Department
601 Carmen Drive
Camarillo, CA 93010
Telephone: (805) 388-5340
Fax: (805) 388-5387
Email: [email protected]

City of Camarillo

TABLE OF CONTENTS

1. NOTICE INVITING BIDS

2. INSTRUCTIONS TO BIDDERS

3. BID PROPOSAL

4. PUBLIC WORKS CONTRACT

5. GENERAL CONDITIONS/SPECIFICATIONS

6. SPECIAL PROVISIONS
Pleasant Valley Road Bike Lanes
Project No. ST-5006
Federal Project No. CML-5393(036)
Date:

Assistant Director of Public Works - City Engineer

BIDS WILL BE RECEIVED UNTIL
APRIL 21, 2026 AT 3:00 P.M.

Via electronic transmission on the City of Camarillo
PlanetBids portal site

3/23/2026
Notice Inviting Bids
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City of Camarillo

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Camarillo (“CITY”), will receive bids for the below stated Project ONLY via electronic transmission on the CITY’S online PlanetBids portal site until 3:00 p.m., April 21, 2026, and will be opened and posted online via PlanetBids portal site immediately thereafter.

Pleasant Valley Road Bike Lanes
Project No. ST-5006
Federal Project No. CML-5393(036)
(RE-BID)
The project to be constructed is federally-funded and consists of roadway widening along a 1.6-mile section of Pleasant Valley Road to construct Class II Bicycle Lanes from Las Posas Road to west of East Fifth Street. The project includes pavement preparation and widening, clearing and grubbing, backfill, driveway aprons, headwalls, curb & gutter, concrete-lined channel, embankment reconstruction, asphalt overlay, signing and striping, bike lane delineators, guardrail, rumble strip, modular wetlands, drainage improvements, and related work.

Obtaining Bid Documents: The Bid Documents for this project are on file in the office of the undersigned. In addition prospective bidders may obtain free copies of these documents, including Proposal, Bid forms, Specifications, and Plans by registering online as a prospective bidder on the City of Camarillo PlanetBids portal site:
https://pbsystem.planetbids.com/portal/56271/portal-home. Hard copies are also available from the City of Camarillo, at 601 Carmen Drive, Camarillo, California 93010.

THERE IS A $55 SERVICE CHARGE (ADD $15 POSTAGE IF PLANS ARE TO BE MAILED). These amounts are not refundable. Checks should be made payable to the City of Camarillo.

Bidders may also obtain Bid Documents from the CITY website at https://www.cityofcamarillo.org/cip with no fee.

Plans, general and special provisions, and proposal forms for the project are also filed with the following: Dodge Data & Analytics, https://www.construction.com; Ventura County Contractors’ Association, 1830 Lockwood Street, Suite 110, Oxnard, California 93030; BidAmerica, 41085 Elm Street, Murrieta, California 92562

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https://www.bidamerica.com; Plan Room, Construction Bidboard, Inc., 11622 El Camino Real, 1st Floor, San Diego, California 92130; Builders Notebook, 133 E. De La Guerra Street, Suite 62, Santa Barbara, California, 93101; and are by reference made a part of this Notice.

Bidders must be registered on the City of Camarillo’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards.

It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.

Plans and special provisions are based on the use of Caltrans Standard Specifications 2023 edition, the 2024 Standard Specifications for Public Works Construction, and all supplements thereto.

Bid Bond: The bid must be accompanied with an uploaded scanned copy to PlanetBids of the bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made payable to CITY. The bid security shall be an amount equal to ten percent (10%) of the total annual bid amount included with their proposals as required by California law.

Note: The original security of the three (3) lowest bidders must be submitted to the Public Works Department at 601 Carmen Drive, Camarillo, California 93010, in a sealed envelope and be received or postmarked within three (3) City business days after the bid due date and time for the bid to be considered. The sealed envelope should list the Bidder’s Name and be plainly marked on the outside: “SEALED BID SECURITY FOR PLEASANT VALLEY ROAD BIKE LANES – PROJECT NO. ST-5006, FEDERAL PROJECT NO.

CML5393(036).”

Pre-Bid Meeting: A mandatory pre-bid meeting is scheduled for 10:00 a.m. on April 1, 2026, in the Central Conference Room at Camarillo City Hall, 601 Carmen Drive, Camarillo, California 93010.

Required Contractor’s License(s): Under Business & Professions Code section 7028.15 (e), a bid submitted to the City must be by a licensed contractor in accordance with Division 3, Chapter 9 of the Business & Professions Code unless one of the exceptions in Section 7028.15 applies.

Under Public Contract Code section 3300, the bidder must possess at the time a contract is awarded all classifications of contractor’s licenses required by the City. For this project, the City requires that the bidder possess a valid Class A contractor’s license.

Pursuant to Public Contract Code Section 20103.5, since federal funds are involved in the funding of this project, the bid will not be invalidated by failure of the bidder to be properly licensed in accordance with California law at the time of bid submission.

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However, at the time the contract is awarded, the contractor must be properly licensed in accordance with California law.

Required Contractor and Subcontractor DIR Registration: The City will accept bids only from bidders that (along with all subcontractors listed) are currently registered and qualified to perform public work pursuant to Labor Code section 1725.5; provided, however, that if a bidder is a joint venture (Business & Professions Code § 7029.1) or if federal funds are involved in the project, then City may accept a non-complying bid provided that the bidder and all listed subcontractors are registered at the time the contract is awarded. Information on registration with the DIR is available at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html. This is a separate requirement from the Contractors State License Board licensing requirement.

Substitution of Securities: In accordance with Public Contract Code section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. Such equivalent securities must be deposited with City or with a state or federally chartered bank as the escrow agent who will then pay such moneys to the contractor.

Upon satisfactory completion of the contract, the securities will be returned to the contractor. Securities eligible for investment 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 to by the contractor and City. The contractor will be the beneficial owner of any securities used to secure its performance. Any escrow agreement will be substantially similar to the form set forth in Public Contract Code section 22300.

Federal Certificate: If this Notice indicates that this project is a federally-funded project and the Bid Proposal is for more than $100,000, the bidder and each of its subcontractors must submit signed copies of the Federal Certificate for Contracts, Grants, Loans and Cooperative Agreements.

Labor Code Compliance: Any contract entered into pursuant to this Notice will incorporate the applicable provisions of the California Labor Code.

Prevailing Wage Laws: The successful bidder must comply with all prevailing wage laws applicable to the project, and related requirements contained in the contract documents. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City, and may be obtained from the DIR website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Upon request, City will make available copies to any interested party. Also, the successful bidder must post the applicable prevailing wage rates at the work site.

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Federal funds are used to pay for the project, contractor and any subcontractor must agree to comply, as applicable, with the labor and reporting requirements of the DavisBacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).

Federal Wage Rates: This project is subject to the Davis-Bacon Act (40 USC § 276a-7), a copy of the Federal determination of prevailing wages is available on the Internet at https://sam.gov/content/home and the determinations must be complied with.

Prevailing wage determinations must also be posted at each job site. The successful bidder and any subcontractor must agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act, the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).

Payroll Records and Prevailing Wage Monitoring: This project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. (Labor Code § 1771.4.). Each contractor and subcontractor must keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. These records must be certified and made available by the contractor as required by Labor Code section 1776. In the case of state-funded public works projects, certified payroll reports must be provided to City on a weekly basis. In the case of federally-funded public works project and in accordance with 29 C. F. R. § 5.5(a)(3), the contractor will be required to submit weekly payroll reports and compliance statements for this project.

Federal Program: For the Federal training program, the number of trainees or apprentices for this project is twelve (12).

Reservation of Rights: The City Council reserves the right to reject any or all bids, waive any irregularities in the bids, and to make an award or any rejection in what it alone considers to be in the best interest of the City.

Dated this 12th day of March, 2026.

CITY OF CAMARILLO
By: James Campero
Assistant Director of Public Works – City Engineer

Project No. ST-5006, CML-5393(036)
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City of Camarillo

INSTRUCTIONS TO BIDDERS

1. Terms Defined

1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions/Specifications have the meaning assigned to them in the General Conditions/Specifications.

1.2 The term “successful bidder” means the lowest, responsible bidder to whom City makes an award of contract on the basis of City’s evaluation as provided in these Instructions.

1.3 The term “Standard Specifications” means Caltrans Standards 2023 edition, the 2024 Standard Specifications for Public Works Construction, and all supplements thereto.

2. Copies of Contract Documents

2.1 Bidders may obtain complete sets of the Contract Documents from PlanetBids, the City of Camarillo website, or the City’s Public Works Department for the sum stated in the notice inviting bids.

2.2 Bidders will use a complete set of Contract Documents in preparing bids.

2.3 The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining bids for the Work and does not confer a license or grant permission for any other use of the Contract Documents.

2.4 Complete sets of Contract Documents must be used in preparing bids. It is the bidder’s obligation to ensure that the bidder has received a complete set of Contract Documents. Neither City nor its agents, officers or employees assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bidding Documents.

3. Qualifications of Bidder

3.1 The City will accept bids only from bidders that (along with all subcontractors listed) are currently registered and qualified to perform public work pursuant to Labor Code section 1725.5; provided, however, that if a bidder is a joint venture (Business & Professions Code §7029.1) or if federal funds are involved in the project, then City may accept a non-complying bid provided that the

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bidder and all listed subcontractors are registered at the time the contract is awarded. This is a separate requirement from the Contractors State License Board licensing requirement below.

3.2 The bidder must be licensed to perform as prime contractor in accordance with the provisions of the Contractor’s State License Law (Bus. & Prof. Code § 7000 and following). Prior to awarding a bid, unless an exemption set forth in Business and Professions Code section 7028.15 applies, City will verify that the bidder was properly licensed when the bid was submitted. If a bidder was not so licensed, the bid will be considered non-responsive and will be rejected by City.

Under Public Contract Code section 3300, the bidder must possess at the time a contract is awarded all classifications of contractor’s licenses required by the City. For this project, the City requires that the bidder possess a valid Class A contractor’s license.

3.3 In addition to a state license, the contractor must also obtain a City of Camarillo business tax certificate before commencing work. The business tax certificate may be secured after the bids are opened, but prior to executing the contract. The business tax certificate must be kept current throughout the project until the recording of the Notice of Completion.

3.4 In order for City to determine the successful bidder, the bidder must be prepared to submit in writing, within five (5) days after being requested to do so by City, such information and data as City may request, including without limitation, financial data, and previous experience. City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy City that the bidder is the lowest responsible bidder properly qualified to carry out the contract.

3.5 The bidder may be required to establish to the satisfaction of City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Contract Documents.

3.6 Experience: The bidder must have a minimum of 3-years of experience in constructing work similar in character and magnitude to the work included in the bid. The work must be prosecuted with employees meeting the experience requirements along with appropriate apprentices. Employees used for satisfying this experience requirement or alternate staff with equal or better experience must be used continuously for the duration of the project.

Changes in staffing must be submitted for approval by the Engineer.

4. Examination of Contract Documents and Site

4.1 Before submitting a bid, the bidder must:
(a) examine the Contract Documents thoroughly, including without limitation the Contract wherein each of the other Contract Documents is identified;

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(b) visit the site and the locality where the work is to be performed to become familiar with local conditions that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contract Documents;
(c) become familiar with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contact Documents; and
(d) study and carefully correlate bidder’s observations with the Contract Documents.

4.2 Under Public Contract Code section 3400 and the Contract Documents, all specifications are deemed to include the words “or equal,” provided, however, permissible exceptions may be noted in the General Conditions/Specifications.

4.3 Reports, if any, of investigations and test of subsurface and latent physical conditions at the work site or otherwise affecting cost, progress or performance of the work which have been relied upon by the City Engineer in preparing the drawings and specifications are identified in the Special Provisions. City will make copies of such reports available to any bidder upon request. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting the bid, the bidder must, at bidder’s expense, make such additional investigations and tests as the bidder may deem necessary to determine its bid for performance of the work in strict accordance with the Contract Documents.

4.4 Upon request to the office of the City Engineer at 601 Carmen Drive, Camarillo, 805-388-5340, City will provide each bidder reasonable access to the job site to conduct such investigations and tests as the bidder may deem necessary for submission of its bid. Bidders performing investigative testing must obtain permit and restore areas affected by such activities.

Investigations and tests that cause unreasonable disruptions may not be permitted.

4.5 The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by contractor in performing the work are identified in the Drawings and/or Specifications.

4.6 By submitting a bid, the bidder warrants that it has complied with every requirement of this Section 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

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5. Interpretation

5.1 In the event of conflict between requirements as shown on the drawings and the specifications, the following order of precedence will govern: permits from other agencies; change orders; supplemental agreements and approved revisions to plans and specifications; Special Provisions; General Conditions/Specifications; plan details; Plans; Standard Plans; Standard Specifications; Reference Specifications. In the event of any discrepancy between any drawings and the figures written thereon, the figures will govern.

5.2 All questions about the meaning or intent of the Contract Documents must be submitted to the Engineer in writing not less than five (5) business days prior to the date for the opening of bids.

5.3 All interpretations will be issued by written Addenda, which will be on file in the office of the City Engineer at 601 Carmen Drive, Camarillo, and posted to the City’s website, PlanetBids, and distributed to the planrooms listed in the Notice Inviting Bids. It is the bidder’s responsibility to determine if any Addenda have been issued. Failure of the bidder to receive any such Addenda will not relieve the bidder from any obligation under its submitted bid.

5.4 Only interpretations issued by written Addenda will be binding. All such Addenda will become part of the Contract Documents. Interpretations issued orally or by any means other than as specified in this Section 5 will have no legal effect.

6. Bid Proposal

6.1 Bids MUST be submitted on the City of Camarillo PlanetBids Portal. Hard copy bids submitted or any other method of bid submission to the City of Camarillo will not be accepted. Each bid must be on a Bid Proposal furnished by City as part of the Contract Documents. Any change in, or addition to, the Bid Proposal or any other modification of the Bid Proposal which is not specifically called for in the Contract Documents or the omission from the Bid Proposal of any information or response which is specifically called for in the Contract Documents may result in City’s rejection of the bid as not being responsive to the Notice Inviting Bids.

6.2 All blanks in the Bid Proposal must be appropriately responded to. If an answer or other response to a blank is not applicable, the bidder should respond with “N.A.”

6.3 Bid on all items listed in the Bid Schedule including all Prices (Unit and Total).

6.4 State in figures the unit prices, lump sum prices and extensions as indicated, which will be the prices for which you propose to supply all services and materials and to perform all work required by the plans and specifications.

All items described are to be construed as complete and in place.

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6.5 Include in the items for which bids are entered, all work shown on the plans or required by the specifications for which a specific bid item is not provided.

6.6 The Bid Proposal may not contain any erasures, interlineations or other corrections, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initials of the person(s) signing the bid.

6.7 The Bid Proposal and each Attachment must be executed in the manner required by Section 14 below.

6.8 No person, including without limitation, any individual, partnership or corporation, may make, file or be interested in more than one bid for the work unless alternate bids are specifically called for in the Specifications. A person that has submitted a sub-bid to a bidder or that has quoted prices of materials to a bidder is not disqualified from submitting a sub-bid or quoting prices to other bidders or making a prime bid.

6.9 When the Bid Proposal is for more than $100,000, the bidder and each of its subcontractors must submit signed copies of the Federal Certificate for Contracts, Grants, Loans and Cooperative Agreements.

7. Submission of Bid

7.1 The bid must be submitted within the time prescribed, at the place and in the manner indicated in the Notice Inviting Bids.

7.2 The bid must be accompanied by bidder’s security in an amount equal to at least ten percent (10%) of the bid amount, which security must be lawful money of the United States of America and in one of the following forms:
(a) cash;
(b) cashier’s check made payable to City;
(c) certified check made payable to City; or
(d) bid bond executed by a surety insurer authorized to do business in the State of California and made payable to City. If the security is a bid bond, it must be submitted on the form which is part of the Bid Proposal or on a form substantially similar thereto. (Public Contract Code § 20170.)

7.3 All bids must be accompanied with an uploaded scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) lowest bidders must be submitted to the Public Works Department at 601 Carmen Drive, Camarillo, California 93010, in a sealed envelope and be received or postmarked within three (3) City business days after the bid due date and time for the bid to be considered. The sealed envelope should list the Bidder’s

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Name and be plainly marked on the outside: “SEALED BID SECURITY FOR PLEASANT VALLEY ROAD BIKE LANES – PROJECT NO. ST-5006, FEDERAL PROJECT NO. CML-5393(036).”

7.4 The bid form, bid security, and all other documents required to be submitted with the bid must be submitted via electronic transmission on the City of Camarillo PlanetBids portal site as further described in the Notice to Bidders.

7.5 Bidders must be registered on the City of Camarillo’s PlanetBids portal in order to submit a bid. Go to the PlanetBids portal site for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.

7.6 Submission of a bid on PlanetBids portal shall constitute acknowledgement and acceptance of all terms and conditions set forth herein.

8. Withdrawal or Modification of Bid
The bidder may withdraw or modify its bid in the PlanetBids Portal system at any time prior to the opening of bids.

9. Bids to Remain Open
All bids will remain open for sixty (60) days after the date of the opening of bids. Prior to that date, City may, at its sole discretion,
(a) release any bid and return the bidder’s security, or (b) release all bids and return all bidder’s security, upon the successful bidder’s furnishing of the required bonds and certificate and any other required documents and return to City the required number of executed copies of the Contract.

10. Errors In Bid

10.1 If a discrepancy between the unit price and the item total of a bid exists, the unit price will control unless the unit price is illegible, omitted, or the same as the item total, in which case the bid will be deemed nonresponsive. If applicable, the total bid amount will be adjusted according to any revised item totals.

10.2 If a discrepancy between the item totals and the total bid amount exists, the item totals will control unless the total bid is illegible or omitted, in which case the bid will be deemed nonresponsive.

10.3 Except as provided in Sections 10.4 and 10.5 below, bidders will not be released from their bids on account of error.

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10.4 Where the prime contractor asserts a claim of inadvertent clerical error in the listing of a subcontractor, City will allow the substitution of the intended subcontractor under the procedures set forth in Public Contract Code section 4107.5.

10.5 Where the bidder gives City notice addressed to the City contact listed in the Project Administration page within five (5) business days of the opening of the bid and can establish to the satisfaction of City that a mistake was made which makes the bid materially different than intended, that the mistake was made in filling out the bid and not due to error in judgment or carelessness in inspecting the site or in reading the plans or specifications and specifies how the mistake occurred, City will relieve the bidder without forfeiture of security in accordance with Public Contract Code section 5100 and following.

11. Bid Analysis and Determination of Responsive Bid

11.1 After the bids have been opened and uploaded to PlanetBids, the Bid Schedule will be checked and compared; and after the withdrawal of any bids as provided in Section 8 above; and after errors in bids are adjusted as provided in Section 10 above, the results will be made public.

11.2 Failure of a bidder to attend a mandatory pre-bid meeting will result in its Bid not being accepted and/or being rejected.

11.3 A bid from any individual, firm, partnership, corporation, or association which prepared, in part or in whole, the Plans, Specifications, or estimates for the Contract will be rejected.

11.4 More than one bid for the same Contract from any individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that any bidder has an interest in more than one bid for the Work may be cause for rejecting all bids in which such bidder is interested. However, this requirement does not prevent a bidder who submits a bid from being listed as a subcontractor by another bidder. Apparent collusion among bidders may be sufficient cause for rejecting any or all bids, and the participants in such collusion may be barred from future bidding.

11.5 A bid in which a bid item is left totally blank will be considered nonresponsive and will be rejected.

11.6 A bid in which the Contract Unit Prices are unbalanced may be considered non-responsive and may be rejected.

11.7 A bid in which the signature of the bidder has been omitted may be considered nonresponsive and may be rejected.

11.8 A bid in which each section of the Bid Proposal has not been completely filled out, or which shows any alteration of form or irregularities of any kind, or

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which contains any additions or conditional or alternate bids that are not called for, may be considered nonresponsive and may be rejected.

11.9 A bid in which the Acknowledgement of Addenda Received form is missing, or in which the receipt of each Addendum issued has not been acknowledged, may be considered nonresponsive and may be rejected.

11.10 A bid in which the Noncollusion Declaration form is missing, or in which the form has not been executed and signed, may be considered nonresponsive and may be rejected.

11.11 A bid in which the List of Subcontractors form is missing will be considered nonresponsive and will be rejected.

11.12 A bid in which the List of Subcontractors form is incomplete, or the data included therein is inaccurate, inconsistent, of a misrepresentation of the work to be subcontracted or materials to be procured, may be considered nonresponsive and may be rejected.

11.13 The bidder must perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price. A bid which fails to meet this requirement will be considered nonresponsive and will be rejected.

11.14 A bid in which the Bid Guaranty is missing, or in which the Bid Guaranty surety bond is not signed by the Surety, or in which the Surety has not had the Bid Guaranty surety bond notarized, or is not provided to the City, if one of the three lowest bidders, three (3) business days after opening as further detailed in the NIB, will be considered nonresponsive and will be rejected.

12. Award of Contract

12.1 City reserves the right to reject any and all bids. City also reserves the right to reject any bid that is not in strict accordance with the Contract Documents or, in the alternative, to waive any irregularity or informality in any bid or in the bidding.

12.2 If alternate bids are called for in the Specifications, the contract may be awarded at the election of City to the successful bidder on the base bid or on the base bid and any alternate or combination of alternates specifically identified in the Specifications as being used for the purpose of determining the lowest bid price.

12.3 If the contract is to be awarded, it will be awarded to the lowest responsible bidder. City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders. The award, if made, will be within sixty (60) days after the opening of bids.

12.4 If the lowest responsible bidder refuses or fails to execute the contract, City may consider the next lowest bidder to be the lowest responsible bidder.

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12.5 The periods of time specified in this Section within which the award of contract may be made, are subject to extension for such further period as may be agreed upon in writing between City and the bidder concerned.

13. Delivery of Contract

13.1 An official “Notice of Award of Contract” will be emailed or mailed to the successful bidder, enclosing the contract and bond forms for signature.

13.2 Within ten (10) days after the Notice of Award of Contract, the successful bidder must sign and deliver at least three (3) counterparts of the Contract to the City of Camarillo together with security in a form acceptable to City’s Attorney’s office guaranteeing both one hundred percent (100%) of payment (labor and materials) and one hundred percent (100%) of performance, certificates and endorsements to satisfy the insurance requirements of the Contract, proof of a valid City of Camarillo business tax certificate and any other documents required by the Contract Documents.

Bonds must be submitted on the forms which are part of the Contract Documents; no substitutions will be accepted. Within ten (10) days of receipt of the Contract and related documents, City will deliver one fully signed counterpart of the Contract to the successful bidder.

13.3 The Contract and each attachment must be executed in the manner required by Section 14 below.

13.4 If the successful bidder fails to execute and deliver the Contract and furnish the required bonds, certificates and other documents within ten (10) days after the Notice of Award of Contract, City may annul the award of the contract and the bidder’s security will be forfeited, except as provided by Public Contract Code section 20174.

14. Signatures

14.1 The Contract Documents and all attachments must be executed in the following manner: If the bidder is:
(a) An individual, in the name of the individual and if doing business by a fictitious name, the fictitious name and, if the document is the Bid Proposal or Contract, the business address and telephone number of the individual must be shown below the signature.
(b) A partnership, in the partnership name and signed by a general partner, whose title must appear under the signature and, if the document is the Bid Proposal or Contract, the business address and telephone number of the partnership must be shown below the signature.
(c) A corporation, in the corporate name by a duly authorized officer or agent accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an

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assistant secretary. If the document is the Bid Proposal or Contract, the state of incorporation must be shown below the corporation name, and the corporate address and telephone number must be shown below the signatures.

14.2 Attorneys-in-fact who sign any Contract Document or any attachment thereto must file with the document a certified copy of their power of attorney to sign such document.

14.3 Electronic Signatures; Documents will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have the same effect as an original signature.

14.4 Signatures on all bonds must be acknowledged before a notary public and a notary’s certificate of each acknowledgment must be scanned and uploaded to PlanetBids with the document.

15. Time for Commencement and Completion

15.1 Unless otherwise specified in the Special Provisions, the contractor must:
(a) commence the work within thirty (30) days after the award of the contract by the City Council, but not before fully complying with Sections 13 and 14 above; and
(b) diligently prosecute the work to completion within the allowed number of working days specified on Page 1 of the Bid Proposal, counting from the start date given in the Notice to Proceed.

15.2 Upon written request of the Contractor and if approved in writing by the City Engineer, the time for commencement, completion or both may be extended.

16. Bid Protest

16.1 Any protest of any bid must be submitted in writing to the Office of the City Clerk by email to [email protected] or by facsimile transmission to 805-388-5318 no later than 5:00 PM on the seventh calendar day following the date of the bid opening.

16.2 The protest must contain a complete statement of the factual basis for the protest and copies of pertinent documents.

16.3 The protest must identify the specific portion of the document and the specific statute, if any, that forms the basis for the protest. The protest must include the name, mailing address, email address and telephone number of the person representing the protesting party.

16.4 The party filing the protest must have actually submitted a bid for the Project.

A subcontractor of a party filing a bid for the Project may not submit a bid

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protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

16.5 The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the Public Contract Code, filing of a claim pursuant to the Government Code, or filing of any other legal proceedings.

16.6 The City Director of Public Works, or designee, will review all timely protests prior to award of the Project and will recommend that the City Council either reject the protest and award to the lowest responsible and responsive bidder or accept the protest and award the bid to the next lowest responsible and responsive bidder.

17. Liquidated Damages
The amount of liquidated damages for each calendar day, is set forth on page 1 of the Bid Proposal, in accordance with Section 6.5 of the General Conditions/Specifications.

18. Survey Data

18.1 Electronic survey data will not be made available to the bidder as part of the bid process and no such data should be relied upon for the purposes of preparing the bid. Survey data desired by bidders should be obtained in the field by the bidder. Permits for survey work may be necessary.

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City of Camarillo
Department of Public Works

BID PROPOSAL
FOR
Pleasant Valley Road Bike Lanes
Project No. ST-5006
Federal Project No. CML-5393(036)
In and for the

CITY OF CAMARILLO, CALIFORNIA
Project No. ST-5006, Federal Project No. CML-5393(036), including thirty-nine (39) sheets of plans. Drawings Numbers C-18066 through C-18097E.

Completion Time: Two hundred forty (240) Working Days
Bids To Be Received: 3:00 p.m. on April 21, 2026
Liquidated Damages: Failure to complete project within the Contract Time:

1. $6,700 Per Calendar Day, per General Conditions/Specification No. 6.5

2. $6,700 Per Calendar Day, Failure to Reopen Pleasant Valley Road after Road Closure, per General Section 2000-37-O

3. $500 Per Calendar Day, Failure to Maintain Storm Water BMPs, per Bid Item Section 2001-B.C

4. $500 Per Calendar Day, Failure to Perform Required Plant Establishment, per Bid Item Section 2001-BH.C
Name of Contractor
Address
Telephone
State Contractor’s License Number
Department of Industrial Relations Registration Number

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BID PROPOSAL
WORK IDENTIFICATION: PLEASANT VALLEY ROAD BIKE LANES PROJECT NO. ST-5006, FEDERAL PROJECT NO. CML-5393(036)
NAME AND ADDRESS OF BIDDER: :

Before awarding a bid, City will verify that bidder was properly licensed in accordance with Business and Professions Code sections 7000 and following. City will also verify that bidder that (along with all subcontractors listed) are currently registered and qualified to perform public work pursuant to Labor Code section 1725.5; provided, however, that if a bidder is a joint venture (Business & Professions Code §7029.1) or if federal funds are involved in the project, then City may accept a non-complying bid provided that the bidder and all listed subcontractors are registered at the time the contract is awarded.

Bidder acknowledges that if the bidder is not properly licensed or registered at the time the bid is awarded or as otherwise required by law, the bid will be considered nonresponsive and will be rejected.

1. Proposal
(a) Bidder has examined copies of all of the Contract Documents, including without limitation the document wherein each of the other Contract Documents is identified, and accepts all of the terms and conditions of the Contract Documents.
(b) Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with City in the form included in the Contract Documents to complete all work as specified in the Contract for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents.
(c) This bid will remain open and not be withdrawn for the period specified in the Instructions to Bidders. If awarded the bid, bidder will sign the Contract and submit the bonds, certificates and other documents required by the Contract Documents within ten (10) days after the date of the Notice of Award of Contract.
(d) Bidder has examined the site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents.

2. Payroll and Compliance Reports
Each contractor and subcontractor must keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and

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overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Such records must be certified and made available for inspection at all reasonable hours at the principal place of the contractor as required by Labor Code section 1776. For state funded public works projects, certified payroll reports must be provided to City on a weekly basis. For federally-funded public works project and in accordance with 29 C.F.R. § 5.5(a)(3), bidder agrees to furnish to City weekly payroll reports and weekly compliance statements for all labor used on this project.

3. Bid
If the Contract Documents include a Unit Price List, bidder acknowledges that the total bid sum shown on the Bid Schedule(s) and the estimated quantities and amounts shown on the Unit Price List are for purposes of comparison of bids only.

Bidder also acknowledges that City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the City and that final payment will be made at the unit prices bid, upon the basis of actual measured quantities as determined by the City Engineer or his/her designee.

Bidder acknowledges that the total Bid Schedule(s) and all sums shown on any Unit Price List attached thereto, includes,
(a) all labor, materials, tools, equipment and services and all taxes, insurance, other general expenses, overhead and profit; and
(b) all trenching, backfilling, grading, excavation and fill, resurfacing of every character, grubbing and clearing and removal of all obstructions necessary for the doing of the work, the preservation of existing structures, shrubs, and trees, where required, and the shoring, bridging and bracing required and incident to the doing of the work, together with all fittings and joints, of every character, connected in place, area clean-up, traffic protection, and the reconstruction and severances required in the doing of the work.

Items for which quantities are indicated as “Lump Sum,” “L.S.,” “job” or words of like import will be paid for at the price named. Such payment will be full compensation for the work named and all work appurtenant thereto required by the contract that is not specifically provided for by other pay items.

4. Schedule
Bidder understands that timely completion is important to City. Therefore, time being of the essence, bidder proposes that the work will be commenced and will be completed as specified herein and in Section 15 of the Instructions to Bidders.

5. Addenda
Bidder acknowledges receipt of Addenda identified as:

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6. Bidder Information
(a) Bidder has ________ years of experience as a contractor in construction work. (b) Bidder has recently completed the three following construction works similar in character and magnitude to the work included in the bid in accordance with Section 3.6 of the Instructions to Bidders:

Class
Amount
Class
of Work
Date
Completed
Name/Address/Telephone
# of Owner

7. Designation of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act, Public Contracts Code section 4100 and following, listed on page 6 is each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or will specifically fabricate and install a portion of the work in an amount in excess of one half of one percent (0.5%) of the total bid sum or in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the total bid or $10,000, whichever is greater. (List only one subcontractor for each portion of the work as is defined by the bidder in this bid.) No other subcontractors may be used other than those specified without written approval of the City Engineer; such approval will be made upon showing by the contractor of good and sufficient cause.

Failure to specify a subcontractor or specifying more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent (0.5%) of the total bid constitutes an agreement that the contractor is fully qualified and will perform that portion of the work. Any contractor who subcontracts for any portion of work not set forth herein, except as otherwise provided by Public Contract Code sections 4107 or 4109, will be subject to the penalties set forth in Public Contract Code sections 4110 and 4111.

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BID PROPOSAL

LIST OF SUBCONTRACTORS
WORK IDENTIFICATION: PLEASANT VALLEY ROAD BIKE LANES PROJECT NO. ST-5006, FEDERAL PROJECT NO. CML-5393(036)
NAME AND ADDRESS OF BIDDER: :

Completion of this form must comply with Section 7 of the Bid Proposal Name/Address/State License
Number of Subcontractor
Department of
Industrial Relations
Registration Number* Items of Work
Portion of Work
(% of Contract
Price)
% of Total Contract
Price by
Subcontract
% of Total Contract
Price by Contractor
*Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 including section 1725.5) of the Labor Code

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8. Attachments
The following documents, signed in accordance with Section 7 of the Instructions to Bidders, are attached to, and made a part of, this Bid Proposal:
(a) Required Bidder’s Security in the form of
(b) Bid Schedule, Unit Price List, if required
(c) Bidders Information Certification
(d) Declaration of Eligibility to Contract
(e) Bid Bond, if applicable
(f) Certification for Contracts, Grants, and Cooperative Agreements (g) Certification Regarding Department of Industrial Relations Contractor/ Subcontractor Registration
(h) Required Federal Forms

1. Equal Employment Opportunity Certification

2. Public Contract Code Statements

3. Noncollusion Affidavit

4. Debarment and Suspension Certification

5. Nonlobbying Certification for Federal-Aid Contracts

6. Disclosure of Lobbying Activities

7. Apprenticeship Trainee Standards

8. Bidder’s List of Subcontractor (Non-DBE), Exhibit 12-B

9. Federal-Aid Highway Construction Contractor Annual EEO Report Instructions for Completing Federal Highway Administration (FHWA) PR-1391 Form will be available in the month of June for any given year.

Required during performance of the work (not with Bid Proposal) For the latest Caltrans forms:
https://dot.ca.gov/programs/local-assistance/forms/local-assistanceprocedures-manual-forms (i) Other pertinent Documents (list here and attach to this bid) Dated this __________ day of ____________________, 20____.

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If BIDDER is:

An Individual
By:
(Print Individual’s Name)
doing business as
Business Address:

Telephone Number:

Signature
A Partnership

(Firm Name)
By:
(Print General Partner’s Name)
Business Address:

Telephone Number:

Signature

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A Corporation

(Corporation Name)

(State of Incorporation)
By:
(Print Name and Title of Person Authorized to sign)

(Corporate Seal)
Signature
Attest:
(Secretary)
Business Address:

Telephone Number:

Signature
A Joint Venture
By:
(Print Name)

(Address and Telephone Number)
By:
(Print Name)

(Address and Telephone Number)

Signature

Signature

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BID SCHEDULE

UNIT PRICE LIST - FIGURES
WORK IDENTIFICATION: PLEASANT VALLEY ROAD BIKE LANES PROJECT NO. ST-5006, FEDERAL PROJECT NO. CML-5393(036)
NAME OF BIDDER: :

Item
No. Item Description Quantity Unit
Payment
Reference F
Unit Price
in Figures
*Item Total
Price in
Figures
1 Mobilization, Demobilization,
and Final Cleanup 1 LS 2001-A $ $
1a Remobilization 1 LS 2001-A $ $
2 Storm Water Pollution
Prevention Plan 1 LS 2001-B $ $
3 Traffic Control System 1 LS 2001-C $ $
3a Pothole Existing Sewer Mains 16 EA 2001-Ca $ $
3b Remove Abandoned Sewer
Pipe 700 LF 2001-Cb $ $
4 Temporary Shoring (Sheeting,
Shoring, and Bracing or
Equivalent Method)
1 LS 2001-D $ $
5 Temporary Erosion Control
Establishment Work (Erosion
Control)
1 LS 2001-E $ $
6 Temporary Channel Diversion 1 LS 2001-F $ $
6a Dewatering 1 LS 2001-Fa $ $
7 Clearing and Grubbing 1 LS 2001-G $ $
8 Adjust Frame and Cover to
Grade (Adjust Utilities to
Grade)
23 EA 2001-H $ $
9 Adjust Manhole Frame and
Cover (Utility) 11 EA 2001-I $ $
10 Relocate Mailbox/Bollard 11 EA 2001-J $ $
11 Remove Asphalt Concrete
Dike 330 LF 2001-K $ $

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Item
No. Item Description Quantity Unit
Payment
Reference F
Unit Price
in Figures
*Item Total
Price in
Figures
12 Remove Base and Surfacing 20,250 SF 2001-L $ $
13 Pavement Repair (6" Digout) 48,200 SF 2001-M $ $
14 Remove Asphalt Concrete
Pavement (Driveway) 5,450 SF 2001-N $ $
15 Remove Headwall (Remove
Culvert Headwall and
Sandbags) (North Side)
18 EA 2001-O $ $
16 Remove Headwall (Remove
Culvert Headwall and
Sandbags) (South Side)
10 EA 2001-P $ $
17 Remove Existing Pipe (Greater
than or equal to 24 Inches in
Diameter)
200 LF 2001-Q $ $
18 Remove Existing Pipe (Lesser
than 24 Inches in Diameter) 320 LF 2001-R $ $
19 Remove Existing Box Culvert 280 LF 2001-S $ $
20 Remove Concrete Structure 1 LS 2001-T $ $
21 Remove Pavement Markings
(Remove Striping, Pavement
Marking, and Markers)
1 LS 2001-U $ $
22 Minor Concrete (Curb)
(Concrete Curb Type A) 25 CY 2001-V $ $
23 Minor Concrete (Thickened
Edge Curb and Gutter) 800 CY 2001-W $ $
24 Class 2 Aggregate Base 11,650 CY 2001-X $ $
25 Hot Mix Asphalt (2" Overlay
(RHMA-G) 4,400 TN 2001-Y $ $
25a Tapered Edge Milling 15,360 SF 2001-Ya $ $
26 Hot Mix Asphalt (Full Depth
(HMA) 3,365 TN 2001-Z $ $
27 Hot Mix Asphalt (Leveling) (PG
64-10, Type A) 2,030 TN 2001-AA $ $
28 Hot Mix Asphalt (Driveway) 215 TN 2001-AB $ $
29 Structural Concrete, Box
Culvert (Precast 5' x 3' Box
Culvert)
445 LF 2001-AC F $ $
30 Structural Concrete, Headwall
(Culvert End Treatment)
(Concrete Headwall,
Parapet, Cut-off Wall)
30 CY 2001-AD F $ $

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Item
No. Item Description Quantity Unit
Payment
Reference F
Unit Price
in Figures
*Item Total
Price in
Figures
31 Pipe Outfall Connection 17 EA 2001-AE $ $
32 Concrete (Channel Lining) 1,020 CY 2001-AF F $ $
33 Bar Reinforcing Steel
(Channel) and Welded Wire
Mesh (Channel)
67,000 SF 2001-AG F $ $
34 Minor Concrete (Minor
Structure) (Rectangular
Channel Structural Concrete
and Rebar)
270 CY 2001-AH F $ $
35 Structure Excavation
(Channel Lining) (Channel) 3,400 CY 2001-AI F $ $
36 Structure Backfill (Channel) 3,500 CY 2001-AJ F $ $
37 Float Rock 1,000 CY 2001-AK $ $
38 Not Used - - - - -
39 Imported Borrow 1,900 CY 2001-AM $ $
40 Midwest Guardrail System 330 LF 2001-AN $ $
41 Terminal System 2 EA 2001-AO $ $
42 Modular Wetland - 4' x 8' 3 EA 2001-AP $ $
43 Modular Wetland - 4' x 21' 6 EA 2001-AQ $ $
44 Structural Concrete (Drainage
Inlet) - 7' Curb Face Opening 4 EA 2001-AR $ $
45 Structural Concrete (Drainage
Inlet) - 10' Curb Face Opening 1 EA 2001-AS $ $
46 Structural Concrete (Drainage
Inlet) - 14' Curb Face Opening 2 EA 2001-AT $ $
47 Structural Concrete (Drainage
Inlet) - 21' Curb Face Opening 1 EA 2001-AU $ $
48 6" Rumble Strip (Asphalt
Concrete Pavement) 14,000 LF 2001-AV $ $
49 Delineator (Class 1) 610 EA 2001-AW $ $
50 Thermoplastic Pavement
Marking (Pavement Markings) 1,370 SF 2001-AX $ $

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Item
No. Item Description Quantity Unit
Payment
Reference F
Unit Price
in Figures
*Item Total
Price in
Figures
51 Thermoplastic Pavement
Marking (1' Thermoplastic
White Traffic Stripe)
2,970 LF 2001-AY $ $
52 Thermoplastic Pavement
Marking (6" Thermoplastic
White Traffic Stripe)
33,930 LF 2001-AZ $ $
53 Thermoplastic Pavement
Marking (6" Thermoplastic
Yellow Traffic Stripe)
17,690 LF 2001-BA $ $
54 Thermoplastic Pavement
Marking (8" Thermoplastic
White Traffic Stripe)
445 LF 2001-BB $ $
55 Roadside Sign - One Post
(Sign and Post) 18 EA 2001-BC $ $
56 Roadside Sign - One Post
(Sign) 5 EA 2001-BD $ $
57 Roadside Sign – Remove and
Relocate Sign 3 EA 2001-BE $ $
58 Type E Loops 5 EA 2001-BF $ $
59 Type D Loops (Bike Lane) 3 EA 2001-BG $ $
60 Plant Establishment 1 LS 2001-BH $ $
F=Final Payment
TOTAL BASE BID $ ________________
*NOTE: In case of error in extension of price into the total price column, the unit price will govern.
**NOTE: Pursuant to Public Contract Code section 20103.8, the City of Camarillo will determine the lowest bid based on the TOTAL BASE BID.

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BIDDER’S INFORMATION CERTIFICATION
Bidder certifies that the following information is true and correct:

Bidder’s Name
Business Address
Telephone
State Contractor’s License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, or corporate officers having a principal interest in this bid:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this bid are as follows:

All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this bid are as follows:

I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct.

Executed this ________ day of ___________________, 20___, at ___________________, California.

Signature and Title of Authorized Official

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DECLARATION OF ELIGIBILITY TO CONTRACT
The undersigned, a duly authorized representative of the bidder, certifies and declares that:

1. The bidder is aware of Labor Code sections 1771.1 and 1777.7, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The bidder is currently registered and qualified to perform public work pursuant to Labor Code section 1725.5 and is not prohibited from bidding on, being awarded, or performing work as a contractor or subcontractor on a public works project under Labor Code sections 1771.1 and 1777.7, or any other provision of law; provided, however, that if a bidder is a joint venture (Business & Professions Code § 7029.1) or if federal funds are involved in the project, then City may accept a non-complying bid provided that the bidder and all listed subcontractors are registered at the time the contract is awarded.

3. The bidder is aware of Public Contract Code section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project will be returned to the awarding body. The contractor is responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

4. The bidder has investigated the eligibility of each and every subcontractor that bidder intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of Public Contract Code section 6109, Labor Code sections 1725.5, 1771.1 and 1777.7, or any other provision of law.

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this ________ day of ___________________, 20___, at ___________________, California.

Signature and Title of Authorized Official

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BID BOND
(not necessary when certified check or cash accompanies bid)

PROJECT TITLE

WHEREAS,
(“Contractor”) intends to submit a bid to the City of Camarillo, California, a municipal corporation (“City”), for the work identified as follows:

NOW, THEREFORE, we, the Contractor, as Principal, and
a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bond unto City in the sum of dollars ($ )
lawful money of the United States of America, such sum being not less than ten percent (10%) of the bid amount for the payment of which sum to be made, the Principal and Surety, 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 City accepts the bid of the Principal and enters into a contract in accordance with the terms of the bid, the Principal must give the bonds, certificates and other documents as required by the Notice Inviting Bids or the other contract documents. In the event Principal fails to enter into such contract or provide the bonds, certificates or other documents, City may apply this security to the difference between the low bid and the next lowest bidder with whom City contracts to perform the work covered by the bid; the surplus, if any, will be returned to Surety. In case suit is brought upon this bond, the court will fix and award and the Surety must pay, in addition to the face amount hereof, all costs and reasonable attorney’s fees incurred by City in successfully enforcing the obligations of this bond.

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IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20 .
(affix seal below) [PRINCIPAL]
By
Title
(affix seal below) [SURETY]
By
Title
Address

[P.C.C. §§ 20170, 20171]
* ALL SIGNATURES ON THIS BID BOND MUST BE NOTARIZED USING APPROPRIATE 8 ½” x 11” NOTARY ACKNOWLEDGEMENT FORM.
** Corporations must affix corporate seal.

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CERTIFICATION FOR CONTRACTS,

GRANTS, AND COOPERATIVE AGREEMENTS
(Federal Fiscal Year October 1, 20____, to September 30, 20____) I,
(Name and Title of Grantee Official)
hereby certify on behalf of that
(Name of Grantee)

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this __________ day of __________________, 20____.

By:
(Signature of Authorized Official)

(Title of Authorized Official)

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CERTIFICATION REGARDING DEPARTMENT OF INDUSTRIAL

RELATIONS CONTRACTOR / SUBCONTRACTOR REGISTRATION
By my signature hereunder, as the Contractor, I certify that Contractor, and all Subcontractors listed on the “List of Subcontractors” are registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Contractor’s Department of Industrial Relations registration number is __________________.

Subcontractors’ Department of Industrial Relations registration numbers are as indicated in the Subcontractors List.

Executed this __________ day of __________________, 20____.

By:
(Signature of Authorized Official)

(Title of Authorized Official)

Project No. ST-5006, CML-5393(036)
Bid Proposal

REQUIRED FEDERAL-AID DOCUMENTATION

Local Assistance Procedures Manual

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ____________________________ , proposed subcontractor _____________________ , hereby certifies that the subcontractor has_, has not __ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, the subcontractor has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-l.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

January 2026

Local Assistance Procedures Manual

PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not __ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285 .1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.

January 2026

Local Assistance Procedures Manual
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

January 2026

Local Assistance Procedures Manual
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of CAMARILLO
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

January 2026

Local Assistance Procedures Manual

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 2, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
•
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof also constitutes signature of this Certification.

January 2026

Local Assistance Procedures Manual

NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

January 2026

Local Assistance Procedures Manual

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE TIDS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action:

D a. contract
b. grant
c. cooperative agreement

2. Status of Federal Action:

D a. bid/offer/application
b. initial award
c. post-award
Oa.

3. Report Type:
initial
b. material change
d. loan For Material Change Only:
e. loan guarantee year __ quarter ___ __,
f. loan insurance date of last report ____ __,

4. Name and Address of Reporting Entity
□ Prime D Subawardee
Tier ___ , if known
Congressional District, if known

6. Federal Department/Agency:

5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:

Congressional District, if known

7. Federal Program Name/Description:

CFDA Number, if applicable _______ __,

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment ( check all that apply) 13. Type of Payment ( check all that apply)

12. $ ______ D actual D planned : a. retainer
- b. one-time fee
Form of Payment (check all that apply): - c. commission B a. cash - d. contingent fee
b. in-kind; specify: nature - e deferred
value - f. other, specify

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes D No D

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure oflobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $ I 0,000 and not more than $ I 00,000 for each such failure.

Signature: _________________ ---l
Federal Use Only:

Print Name: ________________ _____,
Title: __________________ ---l
Telephone No.: __________ Date: ____ __,
Authorized for Local Reproduction
Standard Form - LLL
January 2026

Local Assistance Procedures Manual

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. l. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.

Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 ( e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date( s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-lnstructions Rev. 06-04-90«ENDIF» January 2026

Project No. ST-5006, CML-5393(036)
Bid Proposal

APPRENTICESHIP TRAINEE STANDARDS
Contractor shall comply with the following:

Form FHWA 1273, California Labor Code Sections 1777.5 and 1776, and California Labor Code Section 230.1. In the event of conflict between the provisions, Contractor shall comply with the most stringent provision that requires the largest number of apprentices.

The Federal Trainee goal is twelve (12) trainees for this project. If the Contractor does not show a good faith effort to provide acceptable training to the trainees specified, a sanction may be applied. Sanctions may include withholding progress payments if effective on-the-job training is not provided.

Please visit https://www.dir.ca.gov/DAS/PublicWorksForms.htm or up-to-date forms and standards in employing apprentices on public works sites.






 























 

 
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Project No. ST-5006, CML-5393(036)
Bid Proposal
Required during performance of the work (not with Bid Proposal)

Project No. ST-5006, CML-5393(036)
Contract
1 of 24

CITY OF CAMARILLO

PUBLIC WORKS CONTRACT
This contract (“Contract”) is effective as of __________________________, and is between the CITY OF CAMARILLO, a California general law city and municipal corporation (“City”), and ____________________________________, a corporation/partnership/limited liability company (“Contractor”), collectively referred to as the “Parties.” Section 1. Recitals. This Contract is entered into with respect to the following facts:

1.1 City noticed and received bids for the work involved in Pleasant Valley Road Bike Lanes Project No. ST-5006, Federal Project No. CML-5393(036) (“Project”), which is more fully described in the Contract Documents.

1.2 The City Council of City determined that Contractor was the lowest responsive bidder and awarded to Contractor the bid.

1.3 Contractor has represented it is qualified to perform all of the work required to complete the Project.

1.4 Contractor has agreed to perform all such work in the time and manner set forth in the Contract Documents.

1.5 The City Council of City has determined that the public interest, convenience and necessity require the execution of this Contract and its implementation Section 2. Contract Documents. This Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:

2.1. Notice Inviting Bids

2.2 Instructions to Bidders

2.3 Bid Proposal, as accepted, including the Certificate of Bidders’ Experience and Qualifications and the List of Subcontractors

2.4 Notice of Award

2.5 Notice to Proceed

2.6 This Contract

2.7 Verification of California Contractor’s License

2.8 Contractor’s Certificate Regarding Workers’ Compensation

2.9 Security for Performance Bond

2.10 Security for Payment Bond (Labor and Materials)

Project No. ST-5006, CML-5393(036)
Contract
2 of 24

2.11 Certificate(s) of Insurance

2.12 General Conditions/Specifications

2.13 Special Provisions

2.14 Plans and Standard Drawings

2.15 S. S. P. W. C.

2.16 Addenda Nos.

2.17 Other documents
Exhibit A – Compensation
Exhibit B – Insurance

2.18 Federal Requirements and Contract Forms
Exhibit C – Required Federal-Aid Contract Language and Provisions for Construction Projects
Exhibit D – Federal Prevailing Wage Rates
Section 3. The Work.

3.1 The work (“Work”) to be performed by Contractor is described in the Contract Documents.

3.2 In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work.

3.3 Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work.

3.4 Contractor must perform all of the Work in strict accordance with the Contract Documents.

Section 4. Time to Perform the Work.

4.1 Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents.

4.2 Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal,

Project No. ST-5006, CML-5393(036)
Contract
3 of 24
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.

4.3 If Contractor is delayed by any cause beyond Contractor’s control, City may, but is not required to, grant a time extension for the completion of the Work.

If delay occurs, Contractor must notify City in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor’s performance of the Work.

Section 5. Compensation and Payment.

5.1 Subject to any limitations provided in the Contract Documents, City agrees to pay Contractor as full consideration for the faithful performance of all of the Work the compensation set forth in Exhibit A (“Compensation”), which is made a part of this Contract.

5.2 Contractor must furnish City with a Pay Estimate for the Work performed in accordance with the Contract Documents. Contractor may not submit a Pay Estimate more often than once every thirty (30) days.

5.3 City will review each Pay Estimate and determine whether the Work performed is in accordance with the Contract Documents. The Director of Public Works (“Director”) may require Contractor to provide a release of all undisputed Contract amounts contained in the Pay Estimate.

5.4 If City disputes any item on a Pay Estimate, City will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.

5.5 Except as to any charges for the Work performed that City disputes, City will cause Contractor to be paid within thirty (30) days of the date of the invoice or the date that Contractor furnishes City with a release of all undisputed Contract amounts, whichever occurs later.

5.6 In the event there is any claim specifically excluded by Contractor from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim.

Section 6. Labor Code and Prevailing Wage Requirements.

6.1 Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight (8) hours of labor constitutes a legal day’s work per Labor Code section 1810. Contractor will forfeit the statutory penalty to City for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.

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6.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract are available for download from the State website:
https://www.dir.ca.gov/OPRL/dprewagedetermination.htm.

6.3 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City’s Department of Public Works and available to Contractor and any other interested party upon request.

6.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

6.5 Contractor must comply with all provisions of Labor Code section 1775.

Under Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

6.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract.

Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five (5) hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

6.7 Contractor has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby

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notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: https://www.dir.ca.gov/dlse/cmu/cmu.html.

6.8 Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors which are at that time registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor must obtain proof of such registration from all such subcontractors.”

6.9 If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).

Section 7. Non-Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940. Contractor is responsible for compliance with this section.

Section 8. General Legal Compliance.

8.1 In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.

8.2 Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor is exempt from any City encroachment permit fee pursuant to Camarillo Municipal Code Section

13.04.020.

8.3 Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.

Section 9. Clayton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any subcontractor will be deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the

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Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

Section 10. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

Section 11. Indemnification.

11.1 Contractor agrees to the fullest extent permitted by law to (a) immediately defend; and
(b) indemnify City from and against, any and all claims and liabilities, regardless of the nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and administrative expenses.

Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.

11.2 Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend City in all legal, equitable, administrative, or special proceedings, with counsel approved by City, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any City indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of any City indemnified

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party, then Contractor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the City indemnified party.

11.3 Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the City Attorney’s office to monitor and consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. City will use its best efforts to avoid duplicative attorney work or appearances in order to keep defense costs to a reasonable minimum.

11.4 Contractor agrees that settlement of any Claim will require the consent of City. City agrees that its consent will not be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Contract.

11.5 Contractor’s obligation to indemnify City applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.

11.6 For the purposes of this section, “City” includes City’s officers, officials, employees and agents.

11.7 The provisions of this section will survive the expiration or earlier termination of this Contract.

Section 12. Insurance. Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.

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Section 13. Notice.

13.1 All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:

To City: City of Camarillo
601 Carmen Drive
Camarillo, California 93010
Attention: James Campero
(Tel.) 805-388-5340
(Fax) 805-388-5387
E-Mail [email protected]
To Contractor:

Attention:
(Tel.)
(Fax)
E-Mail

13.2 Notice will be deemed effective on the date personally delivered or transmitted by facsimile or email. If the notice is mailed, notice will be deemed given three (3) days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.

13.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section.

Section 14. City Rights of Termination and to Complete the Work.

14.1 The occurrence of any of the following is a default by Contractor under this Contract:

14.1.1 Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the time specified or any permitted extension.

14.1.2 Contractor fails to complete the Work on time.

14.1.3 Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency.

14.1.4 Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified.

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14.1.5 Contractor fails to make prompt payment to any subcontractor or for material or labor.

14.1.6 Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work.

14.1.7 Contractor breaches or fails to perform any obligation or duty under the Contract.

14.2 Upon the occurrence of a default by Contractor, City will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within ten (10) days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents.

14.3 If the Engineer determines that the default should be cured in less than ten (10) days, then the written notice of default served on the Contractor will specify the shorter deadline for the Contractor to cure the default.

14.4 In event of a termination of this Contract, the City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five (5) days after service of the notice of termination or does not commence performance within ten (10) days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor.

Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work.

14.5 If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work.

14.6 If City takes over the Work, City may also take possession of outstanding materials on order for the completion of the project, upon payment to the vendor. All excess costs incurred by City in obtaining such materials, will be the responsibility of the Contractor.

14.7 If the Contractor does not cure a default within the time period required, then in lieu of terminating of the Contract, the City, in its sole discretion, may take

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action to cure the default and all costs incurred by City to cure the default will be deducted from any amount otherwise due to the Contractor.

Section 15. Project Documents. All data, drawings, maps, models, notes, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Section 16. General Provisions.

16.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.

16.2 Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.

16.3 Binding Effect. This Contract is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.

16.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract.

16.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

16.6 Electronic Signatures; Counterparts. This Contract and any amendment will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have the same effect as an original signature. The Contract may be executed in multiple counterparts.

16.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract.

Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.

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16.8 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.

16.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

16.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura. In the event of litigation in a U.S.

District Court, venue will be in the Central District of California, in Los Angeles. [Signatures on the following page.]

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The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:

CITY OF CAMARILLO

Greg Ramirez, City Manager
ATTEST:

Carrie Weal, City Clerk

CONTRACTOR
(If not an individual, two signatures are required)

Name and Title

Name and Title

Camarillo Business Tax Certificate Number Expiration Date

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VERIFICATION OF CALIFORNIA
CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following, and was so licensed at the time that the bid was awarded:

California Contractor’s License:

License Number Class Expiration Date

CONTRACTOR (PRINT OR TYPE)

Date Signature
(Public Contract Code § 6100)

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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance 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.

Name (print or type)

Date Signature

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BOND NO.

PERFORMANCE BOND
On , the City Council of the City of Camarillo, California, a municipal corporation (“CITY”), awarded a contract (“Contract”) to (“CONTRACTOR” or “PRINCIPAL”), for the work (“Work”) identified as The Contract and related documents (“Contract Documents”) are incorporated and made a part of this performance bond.

Under the Contract, CONTRACTOR is required to furnish this bond providing for the faithful performance of the Work.

NOW, THEREFORE, we, CONTRACTOR, as PRINCIPAL, and

corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto CITY, in the sum of dollars ($_________________________), lawful money of the United States of America, this sum being not less than one hundred percent (100%) of the estimated amount payable by CITY under the terms of the Contract , PRINCIPAL and SURETY, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, by this instrument.

BOND CONDITIONS

1. PRINCIPAL will perform the Work the identified in the Contract. CITY has estimated the required amount of the bond as shown above.

2. PRINCIPAL’s performance of the Work will be done in accordance with the Contract Documents. Should PRINCIPAL fail to satisfactorily complete all required Work within the time allowed, CITY may, at its sole discretion, either (1) cause all required Work to be done and the parties executing this bond will be firmly bound for the payment of all necessary costs for the performance of this Work or (2) make demand upon the SURETY to complete the required Work in which event the SURETY will commence completion of the Work within thirty (30) days of the CITY’S demand unless otherwise agreed in a writing signed by the parties.

3. PRINCIPAL will guarantee the Work against any defective work, labor or materials for a period of one year following the completion and acceptance of the Work by CITY.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Camarillo Municipal Code.

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5. SURETY agrees that no changes, extensions of time, alteration or modification of the Contract or of the obligations to be performed thereunder will in any way affect its obligation on this bond, and waives notice of any such change, extension of time, alteration or modification of the Contract or of the obligations to be performed.

Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.

6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.

7. In case suit is brought upon this bond, the court will award and SURETY must pay, in addition to the face amount of this bond, all costs and reasonable attorney’s fees incurred by CITY in successfully enforcing any obligation under this bond.

IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.

PRINCIPAL
By
Title
Address

Telephone Number

Signature

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SURETY
By
Title
Address

Telephone Number

Signature
* ALL SIGNATURES ON THIS PERFORMANCE BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.
** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement. *** Corporations must affix corporate seal.

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BOND NO.

PAYMENT BOND
On __________________________, the City Council of the City of Camarillo, California, a municipal corporation (“CITY”), awarded a contract (“Contract”) to (“CONTRACTOR” or “PRINCIPAL”), for the work (“Work”) identified as

PRINCIPAL is required to furnish a bond under the Contract to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.

PRINCIPAL and
, a corporation incorporated under the laws of the
State of and licensed by the State of California to
execute bonds and undertakings as sole surety (“SURETY”), are held and firmly bound unto CITY in the sum of ___________________________________________________ ______________________________________ dollars ($_________________________), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

BOND CONDITIONS

1. PRINCIPAL will construct the Work identified in the Contract. Such performance will be in accordance with the Contract Documents identified in the Contract, which are hereby incorporated and made a part of this bond. CITY has estimated the required amount of the bond as shown above.

2. If PRINCIPAL, its heirs, executors, administrators, successors, assigns or subcontractors fail to pay any of the persons named in California Civil Code section 3181, or any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors under Unemployment Insurance Code section 13020, with respect to work or labor performed under the Contract, SURETY will pay for the same in an amount not exceeding the penal sum specified in this bond.

3. This bond inures to the benefit of any of the persons named in Civil Code section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. In case suit is successfully brought upon this bond, SURETY further

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agrees to pay all reasonable attorneys’ fees and costs in an amount fixed by the court.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Camarillo Municipal Code.

5. SURETY agrees that no changes, extensions of time, alteration or modification of the Contract or of the obligations to be performed thereunder will in any way affect its obligation on this bond, and waives notice of any such change, extension of time, alteration or modification of the Contract or of the obligations to be performed.

Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.

6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.

IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.

PRINCIPAL
By
Title
Address

Telephone Number

Signature

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SURETY
By
Title
Address

Telephone Number

Signature
* ALL SIGNATURES ON THIS PAYMENT BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.
** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement. *** Corporations must affix corporate seal.

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EXHIBIT A

COMPENSATION
The total compensation under this Contract will not exceed:

ALTERNATE 1
If a Lump Sum Bid: “The sum of $ .”
ALTERNATE 2
If a Unit Price Bid: “The total unit prices set forth in the bid and the actual measured quantities utilized for the Project as determined by the Director.” ALTERNATE 3
If both Lump Sum and Unit Price Bid: “The sum of $ ,
and the amount due based upon the unit prices set forth in the bid and the actual measured quantities utilized for the Project as determined by the Director.”

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EXHIBIT B

INSURANCE

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000/$4,000,000
(occurrence/aggregate)
Business Automobile Liability $1,000,000 combined single Workers’ Compensation Statutory Requirements

2. Insurance Rating. All insurance required to be maintained by Contractor must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A- or better and Financial Size Category Class VII or better by the latest edition of A.M. Best’s Key Rating Guide, unless otherwise approved by City/District’s legal counsel.

3. Commercial General Liability Insurance. The commercial general liability insurance must meet or exceed the requirements of Insurance Services Office (ISO) form CG 00 01, and must be provided on a per occurrence basis for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. The insurance must be on an “occurrence” not a “claims made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another. The insurance must include a waiver of subrogation applicable to the insurance or selfinsurance, a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City of Camarillo, its officers, employees and agents, and volunteers; blanket endorsements are acceptable. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

4. Business Auto Coverage. The business automobile insurance coverage must be at least as broad as ISO Business Auto Coverage form CA 00 01, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount stated above per combined single limit for each accident. Such insurance must include a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City of Camarillo, its officers, employees and agents, and volunteers; blanket endorsements are acceptable.

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5. Workers Compensation. If Contractor has any employees, Contractor must maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000). Such insurance must include a waiver of subrogation endorsement in favor of the City of Camarillo, its officers, employees, agents, and volunteers; a blanket endorsement is acceptable.

6. Umbrella or Excess Liability Insurance. If an excess or umbrella liability policy is used to meet minimum limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella or excess liability policy must include a “drop-down provision” requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. The policy must “follow form” to the underlying primary policy. Coverage must be applicable to all insureds under the primary policies. The insurance must contain or be endorsed to contain a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non-contributory endorsement for the benefit of City/District. The scope of coverage provided is subject to approval of City/District following receipt of the required proof of insurance.

7. Contractor’s Limitations and Endorsements. The Contractor’s insurance policies must not include any endorsements or provisions that limit coverage for the following risks: explosion, collapse, or underground hazards (XCU); products and completed operations; pollution liability; and contractual liability. These coverages must be specifically included without any exclusions, modifications, or restrictions that would limit the scope of protection otherwise afforded by the basic policies.

Any endorsement or exclusion that reduces or eliminates coverage for the abovelisted risks is unacceptable.

8. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by City/District. In no event may any required insurance policy have a deductible, self-insured retention or other similar policy provision in excess of $50,000 without prior written approval by City/District in its sole discretion.

At the option of City/District, either the insurer will reduce or eliminate such deductibles or self-insured retentions with respect to the City/District’s additional insureds or Contractor will procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.

9. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Policies. Prior to commencing any services under this Agreement, Contractor must file with the City/District certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or certified copies of policies as may reasonably be required by City/District. These certificates of insurance and endorsements must be in a form approved by the City/District’s legal counsel. Contractor must maintain current certificates and endorsements on file with City/District during the term of this

Project No. ST-5006, CML-5393(036)
Contract
24 of 24
Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination or cancellation of the required coverage, will be effective except upon 30 days’ prior written notice to City/District by certified mail, return receipt requested (except for nonpayment for which a 10-day notice is required). The delivery to City/District of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City/District’s right to require compliance. In the event that Contractor’s policies are materially changed, Contractor must provide the City/District with at least 30 days’ prior written notice of the applicable changes. City/District reserves the right to require complete, certified copies of all required insurance policies at any time.

10. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City/District may, but is not obligated to, obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

Alternatively, City/District may terminate the Agreement.

11. Effect of Coverage. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Agreement. Contractor acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Contractor or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City/District in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City/District to compensate it for such losses.

12. Required Insurance for Subcontractors. Contractor agrees to ensure that any subcontractors providing services under this Agreement provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to review and monitor all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.

13. Right to Revise Insurance Specifications. City/District reserves the right to change the amounts and types of insurance required by giving Contractor at least 90 days advance written notice of such change. If such change results in substantial additional cost to Contractor, the parties may renegotiate Contractor’s compensation.

14. Timely Notice of Claims. Contractor must give City/District prompt notice of claims made of lawsuits initiated that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies.

Project No. ST-5006, CML-5393(036)
Contract

EXHIBIT C

FEDERAL-AID CONTRACT LANGUAGE














 


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