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CITY OF CAMARILLO
MAINTENANCE CONTRACT
This contract (“Contract”) is effective as of July 1, 2023 (“Effective Date”), and is between the CITY OF CAMARILLO, a California general law city and municipal corporation (City), and Wonderful Things, Inc. dba THE HOLLY WORKSHOP, a California corporation (“Contractor”), collectively referred to as the “Parties.”
Section 1. Recitals. This Contract is entered into with respect to the following facts:
1.1 Contractor represents it is qualified to perform all of the Work (defined below) required under this Contract.
1.2 Contractor agrees to perform all such Work in the time and manner set forth in the Contract Documents (defined below).
1.3 The City have 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 Bid Proposal, as accepted
2.3 Notice of Award
2.4 This Contract
2.5 Verification of California Contractor’s License
2.6 Certificate of DIR Registration
2.7 Contractor’s Certificate Regarding Workers’ Compensation
2.8 Certificate(s) of Insurance
2.9 Prevailing Wage Scales
2.10 Addenda Nos. Addenda #1 dated 4/12/23, Addenda #2 dated 4/18/23
2.11 Other documents (list here)
Exhibit A – Scope of Work
Exhibit B – Key Personnel & Compensation
Exhibit C – Insurance
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.
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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.
3.5 Contractor must make every reasonable effort to maintain the stability and continuity of Contractor's key personnel to perform the Work required under this Contract.
3.6 Contractor must obtain City’s prior approval before utilizing any subcontractors to perform Work under this Contract. Approval must include the identity of the subcontractor and the terms of compensation and noted on the attached List of Subcontractors.
3.7 Contractor will not be compensated for any services rendered in connection with its performance of this Contract that are in addition to or outside of those set forth in the Contract Documents, unless such additional services or work are authorized in advance by City.
Section 4. Term and Termination.
4.1 Subject to Sections 4.2 and 4.3 below, the term of this Contract will be for a 36- month period commencing on the Effective Date, and may be extended for up to 2 additional one-year periods, based on the mutual agreement of the Parties.
4.2 City may terminate this Contract, with or without cause, at any time by written notice of termination to Contractor. If such notice is given, Contractor must cease immediately all Work in progress.
4.3 Contractor may terminate this Contract at any time upon 90 days' prior written notice of termination to City.
4.4 Upon termination of this Contract by either Contractor or City, all property belonging exclusively to City which is in Contractor's possession must be returned to City. Contractor must promptly deliver to City a final invoice for all outstanding services performed and expenses incurred by Contractor as of the date of termination. Compensation for Work in progress not based on an hourly rate will be prorated based on the percentage of Work completed as of the date of termination.
4.5 Contractor acknowledges City’s rights to terminate this Contract as provided in this section, and hereby waives any and all claims for damages that might otherwise arise from City’s termination of this Contract.
Section 5. Time to Perform the Work.
5.1 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.
5.2 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 CC Agreement No. 2023-36
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governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
5.3 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 6. Compensation and Payment.
6.1 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. If during the term of this contract the applicable prevailing wage rate increases, the Contractor may request a contract modification as outlined in Section 15.5 annually on the anniversary date of the contract.
6.2 Contractor must furnish City with an invoice for the Work performed in accordance with the Contract Documents. Contractor may not submit an invoice mate more often than once every 30 days.
6.3 City will review each invoice 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 invoice.
6.4 If City disputes any item on an invoice, 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.
6.5 Except as to any charges for the Work performed that City disputes, 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.
6.6 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 7. Labor Code and Prevailing Wage Requirements.
7.1 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.
7.2 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:
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http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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 with the CC Agreement No. 2023-36
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DIR and qualified to perform public work pursuant to Labor Code section 1725.5. Contractor must obtain proof of such registration from all such subcontractors.”
7.9 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 8. 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 9. General Legal Compliance; Contractor Claims.
9.1 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.
9.2 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.
9.3 Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.
9.4 In the event Contractor has any claims (as such term is defined in Public Contracts Code section 9204) against City, the Parties will follow the applicable dispute resolution process set forth in Section 9204 which, among other things, establishes procedures for the submission of a claim to the City, including the submission of reasonable documentation to support the claim, time periods for the City to respond in writing to the claim, a meet and confer process, and a non-binding mediation process.
Section 10. 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 , 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 Work. 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 11. 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 12. Indemnification.
12.1 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, 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.
12.2 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 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.
12.3 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.
12.4 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 CC Agreement No. 2023-36
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obligation to indemnify City for the costs of any such settlement as required under this Contract.
12.5 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.
12.6 For the purposes of this section, “City” includes City’s officers, officials, employees and agents.
12.7 The provisions of this section will survive the expiration or earlier termination of this Agreement.
Section 13. 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 14. Notice.
14.1 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 Dr.
Camarillo, California 93010
Attn: Rosalio Alamillo
(Tel.) 805-405-7532
(Fax) 805-389-9524
To Contractor: Wonderful Things, Inc. dba The Holly Workshop 5095 Sixth Street, Carpinteria CA 93013
P.O. Box 41829, Santa Barbara CA 93140
Attn: Jonathan Alburger
(Tel.) 805-684-8111
(Fax) 805-684-9708
14.2 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.
14.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section.
Section 15. Project Documents.
All data, drawings, maps, models, notes, photographs, reports, studies and other CC Agreement No. 2023-36
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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.
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 CC Agreement No. 2023-36
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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. City Court, venue will be in the Central City of California, in Los Angeles.
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
WONDERFUL THINGS, INC. dba THE HOLLY WORKSHOP, a California corporation Janusz Zarczynski, President
Monica Romero, Secretary
044553 05/31/2023
Camarillo Business Tax Certificate Number Expiration Date CC Agreement No. 2023-36
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EXHIBIT A
SCOPE OF WORK
1. Scope of Work
The scope of this work is to, install, maintain, store and seasonally rotate city owned holiday Decorations in Old Town, City Hall and Constitution Park.
Contractor shall furnish at its sole expense all labor, supervision, services, transportation, vehicles, bucket trucks, equipment, tools, supplies, personnel protective equipment, traffic control, to seasonally install, remove, maintain and store holiday decorations and all efforts required to perform those services in old town, city hall and constitution park as set forth in this specification and in keeping with the highest standards of quality and performance. Contractor will have at least 7 years of municipal city holiday decorating contracting experience, financial stability, insurance capability and the adequate size of clean, dry storage facilities. City reserves the right to inspect contractor’s facility. At the time of award, the chosen contractor must have a C-61/D-31 Pole Installation and Maintenance, C-61/D-64 Non Specialized, or a C- 61/D-42 Non-Electrical License.
As time passes during the course of this agreement and City owned decorations normal wear and tear result in a need to replace decorations, that quantity and cost will be mutually agreed to prior to Contractor purchasing any new decorations. Minor loss or damage due to any cause, including weather, theft or vandalism is the Contractor’s responsibility and cost and shall be repaired and/or replaced within 48 hours from time of notice, in new or like new condition. In the event such damage, theft and/or vandalism is deemed excessive, e.g., 20 poles are missing Garland and Wreaths, or the Christmas Tree was destroyed as a result of an automobile accident, the City and Contractor will by mutual agreement determine a cost to replace such items and that responsibility and cost shall be the City’s.
2. Old Town Street Lights
There are 110 street light poles that will need non-lighted Garland Bows and Garland Wraps.
Bows will be brushed style RED mylar/RED translucent PVC Garland 4” petals; tight wrapped around a bow-shape steel frame that has been powder-coated for all weather. Bow to measure 24” wide by 24” tall from its bow top to leg bottom. ALL NEW.
Garland Wraps Brush style GOLD or GREEN pole wrap. Brush style GOLD mylar/GOLD translucent PVC Garland 4” petals; for tight circumferential wrapping on designated light poles along Ventura Blvd. 20’ of Garland Wrap per pole. ALL NEW.
Brackets for holding holiday Bow and garland wraps to be municipal quality Band-it (or equal to) affixed with stainless steel banding.
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All Bows and Garlands to be NEW for starting season of 2018; and cleaned annually after each successive season to maintain luster for three to five seasons.
Vendor must guarantee working order and quality for 3 to 5 years. In the event of any loss or damage due to ANY cause (including weather, theft or vandalism) Vendor shall, within 48 hours from time of notice by the city, repair or replace items to complete installation and in a like-new condition.
3. 20 Foot Holiday Tree
Garland Tree with a 32” GOLD Garland Streel Frame Star Top, overall height of the tree of 22’8”. The location will be next to the clock tower on Ventura Blvd at Arneill Road.
NEW, realistic Pine Branch Style Green Triple Spun PVC Garland with UV-inhibitors for commercial outdoor use: Branches and Needles: Lush, thick greenery with .20mil needles (60% thicker needles than other trees); Indexed branching for the most natural look; UV protected, crush resistant needles’ Flame resistant rated; 5-year branch warranty.
Tree to be decorated with NEW shatter proof ornaments. Gold, Red, Green and Blue colors in sizes from 4” dia. To 12” dia., equal amounts to fully decorate the tree.
LED Lights. Lighting and Electrical of heavy duty 16 gauge wiring. Flip cover outlets with gaskets; Booted main line plugs; LED mini lights mixed with LED C7 lights. WARM WHITE. 5 year warranty on LED lights. All NEW.
All holiday tree materials will be NEW for starting season 2018; and cleaned annually after each successive season to maintain luster for three to five seasons.
Base-mandrel weighted for foundation support. Approx. 800 lbs. required for foundation so tree won’t move. Additional GUY-WIRES from top for stabilizing against dancing or skidding in the winds.
4. Ventura Blvd Pergolas - 4 locations
1ST location: Ventura Blvd in front of Saint Mary Church. 10’X50’, LED lighted Garland swagged along front and sides. Both 10’ sides will have will have one, 3-foot LED lighted wreath.
2nd location: Ventura Blvd and Elm Street. 10’X20’, LED lighted Garland swagged along front and sides. Both 10’ sides will have one, three foot LED lighted wreath. 3rd location: Ventura Blvd at the Art Center. 10’X30’, LED lighted Garland swagged along front and sides. Both 10’ sides will have one, three foot LED lighted wreath. 4th location: Ventura Blvd at the Farmers Market. 10’X10’, LED lighted Garland swagged along front and sides. Both 10’ sides will have one, three foot LED lighted wreath.
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5. Constitution Park Stage Building
Lighted Garland and one, 4-foot Wreath. 22’X40’, 84’ linear feet. Swagged Garlands with one, 4-foot Wreath centered over the upper window in the front of the stage.
Garland and Wreath will have LED miniature lights and LED C-7 lights, soft white mixed in. Garland to be secured to stage roof lip and anchored with stainless streel cable and galvanized eye-lags into building walls.
6. City Hall
Lighted Garland and eight, 4-foot Wreaths. 680 linear feet. Swagged Garland and Wreath will have LED miniature lights and LED C-7 lights, soft white mixed in.
Swagged Garland to be secured to building roof lip and anchored with stainless streel cable and galvanized eye-lags into building walls.
Garland for Ventura Blvd Pergolas, Constitution Park Stage Building and City Hall shall be the following:
Formal Garland: Noble Alaskan, green branch rich-tip style garland on cable swag, formal style with minimum 12’ belly tapering to attenuated ends of minimum 6”.
Miniature LED lights PLUS C-7 LED bulbs wrapped in garlands. Garlands to be connected end-to-end. Minimum 640 branch tips per swag segment.
Wreath: Noble Alaskan: Thick style, rich green, pine branch Garlands with minimum 480/630 branch tips. Miniature LED lights PLUS C-7 lights mixed in. RED and GOLD trim fabric Quality bow adorn to the top of all wreaths.
All materials shall be manufactured to use out door and commercial grade.
7. Maintenance/Warranty/Installation and Removal Timeline Décor service maintenance during installation period: Any damage or loss during season must be repaired within 48 hours after phone or email notice be the City.
Contractor shall furnish name, email and cell number of responsible managing personnel for contact and for repair work.
Contractor shall make all necessary décor repairs, cleaning, mending prior to seasonal installation and provide safe, dry storage thought-out the term of the contract.
Installation will be completed within the third and fourth week November. Removal will need to be completed between the 1ST and 2nd week of January.
8. Traffic Control
Traffic Control during banner services operations shall conform to the most current versions of the following publications:
1.Manual on Uniform Traffic Control
2.Work Area Traffic Control Handbook
3.Caltrans Traffic Manual, Current Edition
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9. Municipal Storm Water Permit Requirements
All work under this contract will conform to the most recent Storm Water requirements and guidelines.
10. Consumer Price Index (CPI) Increase
Contractor may request a Consumer Price Index (CPI) increase based upon the Consumer Price Index, Los Angeles area, Table A. Los Angeles-Long Beach- CPI-U monthly and annual percent changes (not seasonally adjusted). Such increase will be measured from January to January of the previous year and shall not become effective until the contract anniversary date.
11. Term of Contract
The term of the contract will be thirty-six (36) months and may be extended for up to two (2) additional one (1) year periods.
12. Awarding of the Contract
Lowest bid price will be determined by the total price of three complete cycles of installing and removing seasonal holiday decorations and warranty, maintenance and storage as listed in these specifications.
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EXHIBIT B
KEY PERSONNEL & COMPENSATION
1. Contractor’s designated representative who is authorized to act on its behalf and to make all decisions in connection with the performance of the Work under this Contract is Jonathan Alburger.
2. Total 3-year fixed compensation under this Contract $ 146,000.
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PROPOSAL BID SCHEDULE
(attached)
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5095 6th St, Carpinteria CA93013
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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 of Camarillo 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. This 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.
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.
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.
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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 change 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.
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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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)
507966 C61/D31 01312024
Janusz Zarczynski
05/08/2023
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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 self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Name (print or type)
Date Signature
Janusz Zarczynski
05.08.2023
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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 ______________.
Name & Title (print or type)
Date Signature
(Labor Code section 1725.5)
1000604342
Janusz Zarczynski
05.08.2023
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LIST OF SUBCONTRACTORS
WORK IDENTIFICATION: Holiday Decoration Services
NONE LISTED ON BID
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 CC Agreement No. 2023-36
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