(3-2018) Specification No. AS-2021-24
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CITY OF CAMARILLO
PUBLIC WORKS CONTRACT
(Informal Bid Work)
This contract (“Contract”) is effective as of June 1, 2022, and is between the CITY OF CAMARILLO, a California general law city and municipal corporation (“City”), and CONVERGINT TECHNOLOGIES, LLC a 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 received Confidential proposals (not included) for the work involved in Project No. AS-2021-24 (“Project”), which is more fully described in the Contract Documents defined below.
1.2 Contractor represents it is qualified to perform all of the work required to complete the Project.
1.3 Contractor agrees to perform all such work in the time and manner set forth in the Contract Documents.
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 Confidential, confirmation proposals, as accepted, but not included in Specification, including the List of Subcontractors (if any).
2.2 Notice to Proceed
2.3 This Contract
2.4 Verification of California Contractor’s License
2.5 Certificate of DIR Contractor Registration
2.6 Certificate Regarding Workers’ Compensation
2.7 Security for payment (labor and materials)
2.8 Security for performance
2.9 Certificate(s) of Insurance
2.10 Prevailing Wage Scales, if applicable
2.11 Other documents (list here)
Exhibit A – Scope of Work
Exhibit B - Compensation
Exhibit C – Insurance
Section 3. The Work.
3.1 The work (“Work”) to be performed by Contractor is described in the Contract Documents set forth in Exhibit A (“Scope of Work”), which is made a part of this Contract.
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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, 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 in each case to the extent known by Contractor.
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 B (“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 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 Administrative Services (“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 and the City’s standard five-percent retention of the approved progress payment, City will cause Contractor to be paid within 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. Federally funded projects will not have a five-percent retention.
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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 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.
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:
http://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 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.
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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 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: http://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.
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 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.
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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 (1) immediately defend and (2) 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, and levies. 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.
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 To the fullest extent permitted by California law, in no event shall either City or Contractor be liable to the other party hereto, or to any indemnitee, for special, indirect, incidental, or consequential damages, including commercial loss, loss of use or lost profits (whether as a direct or consequential damage), even if that party has been advised of the possibility of such damages.
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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 Agreement.
11.8 In the event that Contractor discovers or suspects the presence of hazardous materials at the facility where the Work is to be performed, Contractor is entitled to stop the Work at that facility if such hazardous materials were not introduced to the site by Contractor. Contractor in its sole discretion shall determine when it is “safe” to return to perform the Work at such facility. Contractor shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form. City shall indemnify and hold harmless Contractor from and against claims, damages, losses, and expenses, including but not limited, reasonable attorney's fees, arising out of or resulting from the undisclosed hazardous materials at the facility where the Work is to be performed.
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 C (“Insurance”), which is made a part of this Contract.
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: John Thomas, Asst. Director of Admin. Services (Tel.) 805-383-5633
(Fax) 805-388-5318
Email: [email protected]
To Contractor: Convergint Technologies, Inc.
1983 S. Santa Cruz St.
Anaheim, CA 92867
Attention: Mario Herrera
(Tel/Cell) (213) 425-4855
(Tel.) (714) 546-2780
Email: [email protected]
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 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.
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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 insure 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.
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 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.
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 Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
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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 Agreement 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. This Agreement 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.
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:
Kristy Buxkemper, City Clerk
CONTRACTOR: CONVERGINT TECHNOLOGIES, LLC
(If not an individual, two signatures are required)
Steven Sanchez, General Manager
Paul Vitale, Operations Manager
Camarillo Business Tax Certificated No. 046775 / Expiration Date 5/31/2023 Doc ID: 5af7c78db2fc67775fcab2966061137ef6842016
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EXHIBIT A
SCOPE OF WORK
Provide and install security measures at City Facilities, per confidential quotes MH13434201P, MH13434414P, MH13434409P, MH13440692P, MH13434487P, and provide Preventative Maintenance in years 2 and 3.
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EXHIBIT B
COMPENSATION
The total compensation under this Contract: $380,447
For City Use Only:
A contingency, which must be approved in writing by City before any charges are incurred, for a 3-year total not to exceed amount of $437,515.
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EXHIBIT C
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 (combined single)
Commercial General Liability $2,000,000 / $4,000,000 Aggregate Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. 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.
Liability policies must be endorsed to name City, its officials, employees, and agents as “additional insureds” under the insurance coverage.
The policy must state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be deemed “excess” to that of Contractor.
Primary endorsement must be reflected on ISO Form No. CG 20 01, or equivalent form as determined by City.
Coverage must be applicable to City for injury to employees of Contractor, subcontractors, agents, or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project. Waiver of Subrogation endorsement must be provided.
The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:
1. Explosion, collapse, or underground hazard (XCU);
2. Products and completed operation;
3. Pollution liability; or
4. Contractual liability.
3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by City. If Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.
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4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability limits, or Contractor must provide evidence of an approved self-insurance program. Waiver of Subrogation endorsement must be provided/
5. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by City. City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change.
If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation.
6. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
7. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. 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.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
8. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the City Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by City’s Attorney. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance.
Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to City.
9. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, City may, in addition to any other available remedies, (a) obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor, (b) make a claim against the Contractor’s surety, or (c) terminate the Contract.
10. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
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11. Higher Limits of Insurance. If Contractor maintains higher limits of insurance than the required amounts shown in Section 1 above, then such amounts will be the minimum required under this Agreement.
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CERTIFICATE OF CALIFORNIA
CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that Contractor has a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following:
California Contractor’s License:
License Number Class Expiration Date
Steven Sanchez, General Manager
Name & Title (print or type)
Date Signature
(Public Contract Code § 6100)
06 / 02 / 2022
986407 C10 8/31/2023
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CERTIFICATE REGARDING DEPARTMENT OF INDUSTRIAL
RELATIONS CONTRACTOR REGISTRATION
I certify, under penalty of perjury, that Contractor is registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractor’s Department of Industrial Relations registration number is _________________.
Steven Sanchez, General Manager
Name & Title (print or type)
Date Signature
(Labor Code section 1725.5)
06 / 02 / 2022
1000002787
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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
Contractor is 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 self- insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the Work of this Contract.
Steven Sanchez, General Manager
Name & Title (print or type)
Date Signature
06 / 02 / 2022
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BOND NO.
PAYMENT BOND
On __________________________, 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 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.
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(3-2018) Specification No. AS-2021-24
CAM #4844-6202-6590 v1 CC AGMT 2022-44
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
Doc ID: 5af7c78db2fc67775fcab2966061137ef6842016
(3-2018) Specification No. AS-2021-24
CAM #4844-6202-6590 v1 CC AGMT 2022-44
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.
Doc ID: 5af7c78db2fc67775fcab2966061137ef6842016
(3-2018) Specification No. AS-2021-24
CAM #4844-6202-6590 v1 CC AGMT 2022-44
LIST OF SUBCONTRACTORS
WORK IDENTIFICATION: Provide and install security measures at City Facilities.
NAME AND ADDRESS OF BIDDER:
Name/Address/Phone No./State
License Number of
Subcontractor/City of Camarillo
Business License Number
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 TBD
TBD
Doc ID: 5af7c78db2fc67775fcab2966061137ef6842016
Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
2022-44 Convergint Technologies LLC - City of Camarillo... 2022-44 Convergin...llo Agreement.pdf
5af7c78db2fc67775fcab2966061137ef6842016
MM / DD / YYYY
Signed
06 / 02 / 2022
17:00:41 UTC
Sent for signature to Virginia Knudtson
([email protected]), Steven Sanchez
([email protected]), Paul Vitale
([email protected]), Greg Ramirez
([email protected]) and Kristy Buxkemper
([email protected]) from
[email protected]
IP: 47.176.217.204
06 / 02 / 2022
20:29:29 UTC
Viewed by Virginia Knudtson
([email protected])
IP: 172.90.88.247
06 / 02 / 2022
20:31:19 UTC
Signed by Virginia Knudtson
([email protected])
IP: 172.90.88.247
06 / 02 / 2022
21:02:19 UTC
Viewed by Steven Sanchez ([email protected]) IP: 108.80.197.91
Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
06 / 02 / 2022
21:06:44 UTC
Signed by Steven Sanchez ([email protected]) IP: 99.126.163.169
06 / 13 / 2022
19:48:18 UTC
Viewed by Paul Vitale ([email protected])
IP: 108.208.120.139
06 / 13 / 2022
19:48:45 UTC
Signed by Paul Vitale ([email protected])
IP: 108.208.120.139
06 / 14 / 2022
00:53:25 UTC
Viewed by Greg Ramirez ([email protected])
IP: 166.205.107.18
06 / 14 / 2022
00:53:42 UTC
Signed by Greg Ramirez ([email protected])
IP: 166.205.107.18
06 / 14 / 2022
14:56:30 UTC
Viewed by Kristy Buxkemper ([email protected]) IP: 47.176.217.204
2022-44 Convergint Technologies LLC - City of Camarillo... 2022-44 Convergin...llo Agreement.pdf
5af7c78db2fc67775fcab2966061137ef6842016
MM / DD / YYYY
Signed
Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
06 / 14 / 2022
14:58:28 UTC
Signed by Kristy Buxkemper ([email protected]) IP: 47.176.217.204
The document has been completed.
06 / 14 / 2022
14:58:28 UTC
2022-44 Convergint Technologies LLC - City of Camarillo... 2022-44 Convergin...llo Agreement.pdf
5af7c78db2fc67775fcab2966061137ef6842016
MM / DD / YYYY
Signed