Project Information

Bid Title

Performing Arts and Convention Center (PACC) Daycare Flooring Replacement (Rebid) Supporting Documentation: Sample Contract , Special Provisions , Exhibit 1 , Bid Schedule , CARB Form , Designation of Subcontractors

Issuing Agency

City of Oroville

Location

California

Published Date

Dec 9, 2025

Closing Date

Jan 7, 2026

Government Level

State & Local

Status

Closed

Ref. #

PW 25-119R

Original Source

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Project Description

Specification #	Project Name	Link to PDF	Bids Due
PW 25-119R	Performing Arts and Convention Center (PACC) Daycare Flooring Replacement (Rebid) Supporting Documentation: Sample Contract , Special Provisions , Exhibit 1 , Bid Schedule , CARB Form , Designation of Subcontractors	View Details	01/07/26

Attachment Preview

Agreement No.

AGREEMENT FOR PUBLIC PROJECT OF $75,000 OR LESS—COVER PAGE

Performing Arts and Convention Center (PACC) Daycare Flooring Replacement Project (Rebid)

Specification No. PW 25-1199R

(1) Agreement Start Date:

(2) Contractor:

(3) California Contractor License Number:

(4) Project Location: Performing Arts and Convention Center Daycare, 800 Hobson Way, Oxnard, CA 93030

(5) Total Agreement Amount: $“[contract value—may not exceed $75,000]”

(6) Liquidated Damages Amount: $250 per calendar day

(7) Contractor’s License Classification:

(8) Are prevailing wages required for this Project?

☒ Yes, in which case Section 25 and the Prevailing Wage Exhibit of the attached Agreement shall stay

incorporated and be required for the Project

☐ No, in which case Section 25 and the Prevailing Wage Exhibit of the attached Agreement are not a part

of this Agreement, are dis-incorporated from the Agreement, and are not required for the Project

(9) Are any bonds required for this Project?

☐ Yes, the Total Agreement Amount is over $25,000, so both a payment and a performance bond, each in

the value of 100% of the Total Agreement Amount, are required.

☐ Yes, the Total Agreement Amount is $25,000 or less, but a payment bond in the value of 100% of the

Total Agreement Amount is still required.

☐ Yes, the Total Agreement Amount is $25,000 or less, but a performance bond in the value of 100% of

the Total Agreement Amount is still required.

☐ No, the Total Agreement Amount is $25,000 or less, and bonds are not required for this work.

All bonds must be submitted using the required forms, which are attached, or on any other form approved by the

City Attorney (as well as a photocopy of each bond). Contractor may not provide a deposit in lieu of any bond. Each

bond shall be executed by an admitted surety insurer.

(10) Addresses for Notice:

FOR CONTRACTOR:

FOR CITY:

Attn: ,

(11) Contact Names and Emails:

FOR CONTRACTOR:

Attn: ,

FOR CITY:

The Agreement for Public Project of $75,000 or Less is attached hereto and incorporated herein by this reference.

The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:

☐ Scope of Work Exhibit & Schedule of Services

☐ Rates and Costs Exhibit

☐ Insurance Exhibit (INS-D)

☐ Prevailing Wages Exhibit

☐ Payment Bond

☐ Performance Bond

☐ Designation of Subcontractors

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Agreement No.

AGREEMENT FOR PUBLIC PROJECT OF $75,000 OR LESS

This Agreement for Public Project of $75,000 or Less (“Agreement”) is entered into in Ventura County, California,

on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein

by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as

“(2) Contractor” on the Cover Page, who or which has the California Contractor License No. listed as “(3) California

Contractor License Number” on the Cover Page (“Contractor”), with regard to the public project herein, subject to the

following terms and conditions:

1.

Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services

therefor in a good and workmanlike manner as described in the Scope of Work and Schedule of Services Exhibit, which is

attached hereto and incorporated herein by this reference (“Project”) at the location listed as “(4) Project Location” on the

Cover Page. Contractor guarantees that it has already reviewed all plans and specifications and reported any noted errors and

omissions to City. All work shall be performed in accordance with the 2018 edition of the Standard Specifications for Public

Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition

(collectively the “Greenbook”), both of which are incorporated herein by this reference. In any conflict between this Agreement

and/or Cover Page and any incorporated document, the terms of this Agreement and Cover Page shall control.

2.

Extra Work. Extra work, when ordered in writing by City and accepted by Contractor, shall be paid for under

written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or

lump sum previously agreed upon in writing between Contractor and City. All extra work shall be adjusted daily upon report

sheet furnished by Contractor, prepared by City, and signed by both parties, and said daily report shall be considered thereafter

the true records of extra work done. All provisions of this Agreement shall apply to the extra work. The total amount listed

in this Agreement—including the amount listed as “(5) Total Agreement Amount” on the Cover Page and all extra work—

shall not exceed $75,000.

3.

Term. This Agreement shall begin on the date listed as “(1) Agreement Start Date,” on the Cover Page.

Contractor shall provide such services on the Project according to the schedule set forth in the Scope of Work and Schedule

of Services Exhibit upon City’s notice to proceed. Time is of the essence in this Agreement.

4.

Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement

due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government,

fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe

weather, and supplier delays due to such causes. No extension of time will be granted for delay caused by shortage of

materials, labor or equipment unless Contractor furnishes to City documentary proof that Contractor has diligently made

reasonable and timely efforts to obtain such materials, labor or equipment from all known sources. Neither economic nor

market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this

Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay,

and shall upon request update such notice. Contractor shall not be responsible for the cost of repairing or restoring damage

to the work pursuant to the Services, which damage is determined to have been proximately caused by an act of God, as

defined in Public Contract Code (PCC) Section 7105, in excess of 5% of the contracted amount, provided that the work

damaged is built in accordance with accepted and applicable building standards and City’s plans and specifications.

5.

Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed

amount listed as “(5) Total Agreement Amount” on the Cover Page in accordance with the prices as submitted in Rates and

Costs Exhibit, which is attached hereto and incorporated herein by this reference.

6.

Payments. Contractor shall submit a payment request to City by the end of each calendar month listing the

services provided on the Project, costs of those services, and the total amount due for the month. Invoices may be emailed

to: invoices@oxnard.org. City shall make payments within 30 days after receipt of Contractor’s undisputed and properly

submitted payment request. If City fails to make any such payment within such time, City shall pay interest to Contractor

equivalent to the legal rate set forth in Code of Civil Procedure Section 685.010(a). City shall return to Contractor any

payment request determined not to be a proper payment request as soon as practicable, but not later than 7 days after receipt,

and shall explain in writing the reasons why the payment request is not proper. By accepting payment of undisputed amounts,

Contractor releases all claims against City arising by virtue of the Agreement related to those amounts; any disputed

Agreement claims in stated amounts are excluded from the operation of this release.

7.

Non-binding Terms. Any terms and conditions that are typed, printed, or otherwise included in any Contractor

invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties. No such term or

condition shall be binding upon City, and no action by City (including, without limitation, the payment of any such invoice

in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or

condition has been previously agreed to by Licensor and City in this Agreement or in a binding amendment thereto.

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Agreement No.

8.

Retention. If this Agreement is for creating, constructing, altering, repairing, or improving any public structure,

building, road, or other improvement of any kind which will exceed in cost a total of $5,000, City shall withhold 5% of the

Total Agreement Amount until final completion and acceptance of the Project.

9.

Substitute Securities. In accordance with PCC Section 22300, Contractor may submit a written request that it

be permitted to substitute securities in lieu of having retention withheld by City from progress payments when such payments

become due or, in the alternative, Contractor may request that City make payments of earned retentions directly to an agreed

upon designated escrow agent at Contractor’s expense.

10. Advertising and Publicity. Contractor shall not use the name of or refer to City directly or indirectly in any

advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This

Section shall survive the termination of this Agreement.

11. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written

materials: used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor; or for

other purposes relating to the Agreement. Contractor will promptly furnish all documents requested by City. Additionally, if

this Agreement is in excess of $10,000, the State Auditor may examine and audit Contractor for a period of 3 years after final

payment under the Agreement. Regardless of whether a State audit is permitted, Contractor shall maintain and preserve all

such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and

accepted by City, whichever occurs later. Contractor shall maintain all such records in City or to promptly reimburse City for

all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for

personnel, salaries, private auditor, travel, lodging, meals and overhead. Contractor shall include a copy of this Section 11 in

all contracts with its subcontractors, and Contractor shall be responsible for immediately obtaining those records or other

written material from its subcontractors upon a request by the State Auditor and/or City.

12. Liquidated Damages. The Project must be completed by the agreed upon number of working days as set forth

in the schedule in the Scope of Work and Schedule of Services Exhibit. Failure of Contractor to complete the work by this

date will result in damages being sustained by City and its constituents, including in some cases impairing other contracts

that rely on the original completion date. Such damages are, and will continue to be, impracticable and extremely difficult to

determine. For each calendar day beyond the original completion date, unless such delay is excused under Section 4 of this

Agreement or unless City provided a written time extension, Contractor shall pay to City, or City may withhold from monies

due to Contractor, the amount listed as “(6) Liquidated Damages Amount” on the Cover Page. Execution of the Agreement

shall constitute agreement by City and Contractor that the amount listed as “(6) Liquidated Damages Amount” on the Cover

Page per calendar day is the minimum value of the costs and actual damage caused by the failure of Contractor to complete

the Project within the allotted time. Such sum shall not be construed as a penalty. The Project shall be deemed to be complete

when the same has been actually completed in accordance with the plans and specifications therefor and to the satisfaction

of City. The Project must be accepted or certified by City in writing.

13. Unresolved Disputes.

a.

In the event of any dispute or controversy with City over any matter, Contractor shall not cause any delay

in or cessation of work, but shall proceed with full performance of all work. This includes but is not limited to disputed time

extensions, requests and prices for changes, damages, tort claims and any other amount the payment of which is disputed by

either party. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later

determined by mutual written agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed

work, claims and other such matters. All claims arising out of or related to this Agreement or the Project, and the consideration

and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard

to filing claims and to PCC Section 20104 et seq. (“Article 1.5”) regarding the resolution of public works claims of $375,000

or less. This Agreement hereby incorporates those provisions as through fully set forth herein. Additionally, if this Project is

for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public

improvement of any kind, PCC Section 9204 shall apply to all claims, which are separate Contractor demands sent by

registered mail or certified mail with return receipt requested, for one or more of the following: a time extension, including,

without limitation, for relief from damages or penalties for delay assessed by City; City’s payment of money or damages

arising from work done by, or on behalf of, Contractor pursuant to the Agreement and payment for which is not otherwise

expressly provided or to which the claimant is not otherwise entitled; and payment of an amount that is disputed by City.

Contractor must furnish reasonable documentation to support the claim. City must respond within 45 days, and if Contractor

disputes City’s response, or if City fails to respond within the time prescribed in PCC Section 9204, Contractor may demand

an informal conference to meet and confer for settlement of the issues in dispute; that demand must be in writing sent by

registered or certified mail, return receipt requested. After that conference, any remaining disputed portion of the claim, as

identified by Contractor in writing, must be submitted to nonbinding mediation, with City and Contractor sharing the

associated costs equally. Unless otherwise agreed to by City and Contractor in writing, this mediation shall excuse any further

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Agreement No.

obligation under Section 20104.4 to mediate after litigation has been commenced. If a subcontractor lacks legal standing to

assert a claim against City because privity of contract does not exist, Contractor may present to City a claim on behalf of that

subcontractor in accordance with PCC Section 9204.

14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, by

giving written notice to Contractor. That notice shall specify the effective date of termination, or the effective date of

termination shall be 10 calendar days after the notice. Unless City asserts that Contractor has breached the Agreement, City

shall pay Contractor for all services satisfactorily rendered (as determined by City) before the effective date of termination,

and such payment shall be in full satisfaction of all services rendered hereunder. If City pays for any materials, City shall be

entitled to the title and possession of such materials.

15. Hold Harmless, Defense and Indemnity.

a. The term “Indemnitee” shall mean City, one of its legislative bodies, an elected or appointed official of City

and/or a City officer, employee, volunteer, agent, representative, successor and/or assign.

b. The term “Responsible Party” shall refer to Contractor, its board or boards and/or any of Contractor’s officers,

employees, agents, representatives, subcontractors, material suppliers and/or other entities and/or persons acting on

Contractor’s behalf and/or any of their officers, employees, agents, representatives, subcontractors and/or material suppliers

and/or other entities and/or persons acting on their behalf.

c. The term “Claim” shall mean any claim (including, without limitation, a claim for bodily injury, death or

damage to property), demand, obligation, damage, action, cause of action, suit, loss, stop payment notice, judgment, fine,

lien, penalty, liability, cost and expense of every kind and nature whatsoever, in any manner arising out of, incident to, related

to, in connection with or resulting from any act, failure to act, error or omission of one or more Responsible Parties arising

out of, incident to, related to, in connection with or resulting from the Agreement, including but not limited to the payment

of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses therefor incurred in litigation,

arbitration and/or mediation.

d.

To the maximum extent permitted by law, Contractor shall, at its sole cost, expense and risk, defend (with

competent counsel approved by the City Attorney), indemnify, and hold harmless any and all Indemnitees from and against

any and all Claims. Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against

any and all Indemnitee(s) in any and all such Claim(s). This duty to defend, indemnify and hold harmless shall apply to all

Claims regardless of whether any insurance policies are applicable, whether insurance proceeds, if any, were received by one

or more Responsible Parties and/or Indemnitees, and/or whether the Claim was caused in part or contributed to by any and

all Indemnitee(s). Contractor shall reimburse all Indemnitee(s) for all legal expenses and costs incurred by him, her, it or

them in connection with any of these requirements or in enforcing this provision.

e.

Nothing herein shall be construed (i) to encompass the sole negligence or willful misconduct of City or its

agents, servants, or independent contractors, or for defects in design furnished by those persons to the limited extent that this

Agreement is subject to Civil Code Section 2782(a), which statute shall be interpreted as narrowly as legally possible, or (ii)

to impose on Contractor, its subcontractors, or its supplier of goods or services, or relieve City from, liability for City’s active

negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b), which statute shall be interpreted

as narrowly as legally possible; provided, however, such sole negligence, willful misconduct and/or active negligence is

determined by a written agreement between the parties or by a court of competent jurisdiction. This Section 15 is effective

regardless of Indemnitees’ prior, concurrent, or subsequent active or passive negligence, recklessness or willful misconduct.

f.

Indemnitees do not and shall not waive any rights that they possess against Contractor because of the

acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement or the

deposit with City of any insurance payment.

g.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of

subrogation and contribution against any and all Indemnitees.

h.

The provisions of this Section 15 shall survive the Agreement’s term and termination, are intended to be as

broad and inclusive as is permitted by law, and are in addition to any other rights and/or remedies Indemnitees may have.

16. Insurance. Contractor shall obtain and maintain during the performance of any services under this Agreement

the insurance specified in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, issued by

a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Contractor

obtain and maintain such insurance. Contractor shall, before performance of any services pursuant to this Agreement, file

with the Risk Manager evidence of insurance as specified in the Insurance Exhibit. Maintenance of insurance by Contractor

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Agreement No.

is a material element of this Agreement. Contractor’s failure to maintain or renew its insurance or to provide evidence of

renewal may be considered a material breach of this Agreement.

17. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees 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 (Business and Professions Code Sections 16700 et seq.), arising from the purchases of goods, services, or

materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final

payment to Contractor without further acknowledgment by the parties.

18. Hazardous Materials and Materially Differing Conditions. If this Project involves trenching more than 4 feet

below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City in writing, of

any: (a) Material that Contractor believes may be material that is hazardous waste, as defined in Health and Safety Code

Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of

existing law; (b) Subsurface or latent physical conditions at the site differing from those indicated by information about the

site made available to Contractor before signing this Agreement; and/or (c) Unknown physical conditions at the site of any

unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the

character provided for in the Agreement. City shall promptly investigate the conditions, and if it finds that the conditions do

materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of, or the time required

for, performance of any part of the Project, City shall issue a change order. In the event that a dispute arises between City and

Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in

Contractor’s cost of, or time required for, performance of any part of the Project, Contractor shall not be excused from

completing the Project within the agreed upon number of working days as set forth in the schedule in the Scope of Work and

Schedule of Services Exhibit, but shall proceed with all work to be performed under this Agreement. Contractor shall retain

any and all rights pertaining to the resolution of disputes and protests between Contractor and City.

19. Protection of Life and Limb. If this Agreement is for the construction of a pipeline, sewer, sewage disposal

system, boring and jacking pits, or similar trenches or open excavations, which are 5 feet or deeper, Contractor must submit

to City before beginning any work on the Project adequate sheeting, shoring, and bracing, or equivalent method, for the

protection of life or limb, which method shall conform to applicable safety orders.

20. Main and Trunkline Utilities. City assumes the responsibility for the timely removal, relocation, or protection

of existing main or trunkline utility facilities located at the Project site if such utilities were not identified in the plans and

specifications, other than existing service laterals or appurtenances whenever the presence of such utilities at the Project site

can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the

Project site. City shall compensate Contractor for: the costs of locating; repairing damage not due to Contractor’s failure to

exercise reasonable care; removing or relocating such utility facilities not indicated in the plans and specifications, if any,

with reasonable accuracy; and equipment necessarily idled during such work. Contractor shall not be assessed liquidated

damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to

provide for removal or relocation of such utility facilities. While performing the Agreement, if Contractor discovers utility

facilities not identified by City in the plans or specifications, if any, Contractor shall immediately notify both City and the

utility in writing.

21. Locating Existing Elements. The methods used and costs involved to locate existing elements, points of

connection and all construction methods are Contractor’s sole responsibility. City does not guarantee accuracy of information

as to existing conditions. Contractor, at its sole expense, must make all investigations necessary to determine locations of

existing elements, which may include without limitation contacting Underground Service Alert of Southern California and

other private underground locating firms, utilizing specialized locating equipment and hand trenching.

22. Work Hours. Except as otherwise specified in a City-issued permit, Contractor shall perform no work: on

Saturdays and Sundays; on major highways between the hours of 7:00 p.m. and 7:00 a.m. of the following calendar day; on

a street before 8:30 a.m. or after 3:30 p.m.; and at any other work site before 7:00 a.m. or after 6:00 p.m. Additionally, no

work will be allowed on scheduled holidays observed by City.

23. License and Permits. Before providing services under this Agreement, Contractor shall obtain all required

licenses and permits, including a City business tax certificate. Contractor guarantees and warrants that it currently has, and

shall retain in active status for the duration of the term of this Agreement, a State contractor’s license as listed in “(7)

Contractor’s License Classification” on the Cover Page.

24. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor.

Neither City nor any of its employees or agents shall have control over the conduct of Contractor or any of Contractor’s

employees, except as provided in this Agreement, and Contractor is free to dispose of all portions of its time and activities

which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations Contractor wishes

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Commodity Codes

• NAICS 236220Commercial and Institutional Building Construction
• NAICS 238330Flooring Contractors
• NAICS 541611Administrative Management and General Management Consulting Services

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