Project Information

Bid Title

Performing Arts & Convention Center Courtyard Entrance Door Replacement

Issuing Agency

City of Oroville

Location

California

Published Date

Feb 17, 2026

Closing Date

Mar 3, 2026

Government Level

State & Local

Status

Closed

Ref. #

PW 26-81

Original Source

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Bid Documents

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Project Description

Specification #	Project Name	Link to PDF	Bids Due
PW 26-81	Performing Arts & Convention Center Courtyard Entrance Door Replacement Supporting Documentation Sample Agreement , Bid Schedule , Plans , Special Provisions , CARB Form , Designation of Subcontractors , Pre-Bid Meeting Sign-In	View Details	03/03/26

Attachment Preview

Agreement No. _______________

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

PERFORMING ARTS & CONVENTION CENTER

COURTYARD ENTRANCE DOOR REPLACEMENT PROJECT, SPECIFICATION NO. PW 26-81

(1) Agreement Start Date:

(2) Contractor:

(3) California Contractor License Number:

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

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

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

(7) Contractor’s License Classification: Class B - General Building Contractor, or Class C-61/D-28 - Doors, Gates & Activating

Devices Contractor.

(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

☒ Performance Bond

☒ Payment Bond

☒ CARB Form

☒ Designation of Subcontractors Form

1

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

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Agreement No. _______________

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.

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

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Agreement No. _______________

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 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.

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Agreement No. _______________

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 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

5

Commodity Codes

• NAICS 236220Commercial and Institutional Building Construction
• NAICS 238350Finish Carpentry Contractors

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