HomeMy WebLinkAboutAGENDA REPORT 2003 0702 CC REG ITEM 10DTO:
FROM:
DATE:
SUBJECT:
DISCUSSION
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
ITEM 10 ._1 •
of a -aoo3
ACT
BY:
Kenneth C. Gilbert, Director of Public Works
June 19, 2002 (Council Meeting 7 -2 -03)
e�ev
Agreement with Calleguas Municipal Water District
Pertaining to Certain Improvements Required for the
Widening of Los Angeles Avenue at Shasta Avenue
A. Background
1. Pacific Communities Builder, Inc. [ "Pacific "] is the owner
and developer of certain property located on the south side
of Los Angeles Avenue, west of Leta Yancy Road, known as
Tract 5053 [the "Tract "]. The construction of the Tract has
been delayed due to certain unresolved drainage issues.
2. The Conditions of Approval for the Tract require Pacific to
design and construct full -width street improvements along a
portion of the south side of Los Angeles Avenue, between
Leta Yancy Road and Maureen Lane [the "Project "]. That
Project includes the construction of a traffic signal at the
intersection of Los Angeles Avenue and Shasta Avenue.
3. The design for the construction of the Project has been
completed and Pacific has obtained an Encroachment Permit
from Caltrans for this work.
4. In that the construction of the Tract has been delayed, City
staff has asked, and Pacific has agreed, that the City be
allowed to proceed at this time with the construction of the
Project, with all costs for said effort to be reimbursed by
Pacific when the construction of the Tract proceeds. Staff
is working with Pacific on the development of an Agreement
to set forth the terms and conditions related to that cost
reimbursement.
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Agreement: Calleguas: L. A. Ave /Shasta Ave.
June 19, 2003
Page 2
5. With the construction of the Project, plus the construction
of a separate City project for the widening of the highway
just west of the Project [Maureen Lane to Beltramo Ranch
Road] Los Angeles Avenue will have six (6) travel lanes from
a point just west of Tierra Rejada Road easterly to Moorpark
Avenue.
B. Water Line
The Calleguas Municipal Water District [ "Calleguas "] owns and
operates a water line [`Water Line "] located north of the
future curb line within the Project area. This existing Water
Line is located south of the existing State right -of -way line,
within an easement owned by Calleguas.
It has been determined that the depth of the cover (over the
Water Line) proposed by the future construction of the Project,
is not adequate. An investigation was performed by Calleguas to
determine what, if any, portion of the Water Line would have to
be relocated by Pacific. That investigation concluded that if
certain design exceptions [15" thick asphalt] were approved by
Caltrans, then the Water Line could remain in place with the
construction of certain Water Line protection improvements
[ "Protection Improvements "]. However, if those design
exceptions are not approved, it would be necessary to relocate
the Water Line. A summary of estimated costs for these two
options is as follows:
• Protection Improvements (240 LF): $ 327,000
• Water Line relocation (700 LF): $1,115,000
Should it become necessary to relocate the Water Line, it would
be necessary to take the Water Line out of service. Service
demands require that the Water Line may only be taken out of
service during a January/ February. At this point, the earliest
this could occur is January 2005. In order to prepare the
design, pre- qualify sub - contractors, advertise and award a
contract, order materials, fabricate materials, ship and
receive materials and have a contractor ready to proceed with
construction within the January 2005 window, it is necessary to
proceed with design efforts at this time.
Should the design exception [15" thick asphalt] be approved by
Caltrans (allowing construction of Protection Improvements)
there would be no need to shut down the Water Line and this
work could be done at any time.
L A Shasta Calleguas 0306
Agreement: Calleguas: L. A. Ave /Shasta Ave.
June 19, 2003
Page 3
Regardless of which approach (protection or relocation) is
taken, it will be necessary to have Calleguas undertake certain
efforts generally summarized as follows:
• prepare design plans;
• participate in the pre - qualification of sub - contractors for
the Water Line work; and
• provide inspection services during the construction of the
Water Line related work.
It is proposed that the required Water Line work (protection or
relocation) be made part of the construction of the Project to
be undertaken by the City. Accordingly, it is proposed that the
City enter into an agreement with Calleguas, retaining them to
undertake the above described efforts. Attached as Exhibit 1 is
a draft Agreement [ "Agreement "] between the City and Calleguas,
prepared by Calleguas, setting forth the terms related to City
reimbursement of the Calleguas costs for these efforts. It is
recommended below that this Agreement be approved, subject to
final approval by the City Manager and City Attorney.
All costs incurred by the City pursuant to this Agreement would
be reimbursed by Pacific, or their successors, at the time the
Tract is developed.
C. Protect Prereauisites
Prerequisites to the City proceeding with the construction of
the Project are generally described as follows:
1. Right -of -Way
a. Los Angeles Avenue R -O -W - Recordation of the Tract Map
would have conveyed to the City or Caltrans the required
additional street right -of -way on Los Angeles Avenue.
Since that will not occur until a future date, it will
be necessary for the Engineer for Pacific to prepared
and record deeds conveying this right -of -way to the
City. Pacific's Engineer will also be required to
prepare a deed, to be recorded later, conveying this
right -of -way for the City to Caltrans.
b. Entry streets R -O -W - In order to facilitate the
Project, it will be necessary to include in the scope of
work for the Project, the construction of a portion of
Shasta Avenue and a second entry street south of Los
Angeles Avenue. Pacific's Engineer will also be asked to
prepare deeds conveying this right -of -way to the City.
c. Temporary Construction Easements - Pacific's Engineer
will also be asked to prepare certain required Temporary
Construction Easements.
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Agreement: Calleguas: L. A. Ave /Shasta Ave.
June 19, 2003
Page 4
d. Drainage Flowage Easement - The plans prepared by
Pacific currently show a storm drain inlet on the south
side of Los Angeles Avenue at the northwest corner of
the Tract. The storm drain pipe running from that inlet
to the Arroyo Simi will not be constructed until the
Tract is developed. It will be necessary, therefore, for
the Project plans to provide for the construction of a
cross drain to allow that storm water to be deposited
onto Pacific's property to the south of Los Angeles
Avenue. Pacific's Engineer will also be asked to prepare
a drainage flowage easement accepting the water.
e. Landscape Easements: No Landscape Easements will be
required. Should it be determined during final approval
of the Tract improvements, that installation of parkway
landscaping south of the right -of -way line (to be
maintained by the City's Landscape Maintenance District)
is required, easements for this purpose will be added to
the Final Map for the Tract.
2. Design
a. Street Improvement Plans and Specs - It will be
necessary for the City to retain an Engineer to prepare
a set of plans and specifications for the construction
of the Project. Those plans and specifications may use
as a resource, the plans already prepared by Pacific's
Engineer.
b. Water Line - The final construction documents will also
include the Water Line protection or relocation plans
and specifications to be prepared by Calleguas.
3. Caltrans Permit: At the appropriate time, City staff will
apply for and obtain a Caltrans encroachment permit for the
construction of the Project.
D. Environmental Document
A Mitigated Negative Declaration, prepared by Pacific for the
Tract, has been approved by the Honorable City Council. The
construction of the Project and the Protection Improvements
prior to the development of the Tract would not result in a
change of any of the findings in that Mitigated Negative
Declaration. No additional environmental documentation is
necessary.
L A Shasta Calleguas 0306
Agreement: Calleguas: L. A. Ave /Shasta Ave.
June 19, 2003
Page 5
E. Fiscal Impact
1. Costs: Estimated Project costs, for the two above described
options, are generally summarized as follows:
• Water Line Protection:
• Water Line Relocation:
Street
Water Line
Total
Description
Work ($)
Protection ($)
Project ($)
Design
50,000
42,000
92,000
Construction
800,000
255,000
1,055,000
Inspection
60,000
30,000
90,000
Total 910,000
327,000
1,237,000
• Water Line Relocation:
2. Budget: It is the intent of staff to prepare a Resolution
amending the FY 03/04 Budget to add the construction of the
Project to the list of City capital projects. The funding
source to be proposed for that project will be the Los
Angeles Avenue AOC Fund [Fund 2502]. As previously
mentioned, it is anticipated that all Project costs will be
reimbursed by Pacific (or their successors) when the
development of Tract 5053 proceeds.
STAFF RECOrbMNDATION
1. Approve a project for the City to undertake the above
describe Los Angeles Avenue improvements, with all costs to
be reimbursed by the developer of Tract 5053.
2. Authorize the City Manager to execute a Reimbursement
Agreement with Pacific Communities for the reimbursement of
City costs for the above described work, subject to final
language approval by the City Manager and City Attorney.
3. Approve the subject Agreement with Calleguas, subject to
final language approval by the City Manager and the City
Attorney.
Attachments:
Exhibit 1: Agreement
LA—Shasta—Calleguas-0306
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Street
Water Line
Total
Description
Work ($)
Relocation ($)
Project ($)
Design
50,000
150,000
200,000
Construction
800,000
865,000
1,665,000
Inspection
60,000
100,000
160,000
Total 910,000
1,115,000
2,025,000
2. Budget: It is the intent of staff to prepare a Resolution
amending the FY 03/04 Budget to add the construction of the
Project to the list of City capital projects. The funding
source to be proposed for that project will be the Los
Angeles Avenue AOC Fund [Fund 2502]. As previously
mentioned, it is anticipated that all Project costs will be
reimbursed by Pacific (or their successors) when the
development of Tract 5053 proceeds.
STAFF RECOrbMNDATION
1. Approve a project for the City to undertake the above
describe Los Angeles Avenue improvements, with all costs to
be reimbursed by the developer of Tract 5053.
2. Authorize the City Manager to execute a Reimbursement
Agreement with Pacific Communities for the reimbursement of
City costs for the above described work, subject to final
language approval by the City Manager and City Attorney.
3. Approve the subject Agreement with Calleguas, subject to
final language approval by the City Manager and the City
Attorney.
Attachments:
Exhibit 1: Agreement
LA—Shasta—Calleguas-0306
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AGREEMENT FOR CONSTRUCTION AND CONVEYANCE OF
PROTECTIVE IMPROVEMENTS FOR LAS POSAS FEEDER UNIT 1
Whereas, Calleguas Municipal Water District ( "District") is a municipal water district
organized under the Municipal Water District Act of 1911, as amended, Water Code sections
71000 et seq.;
Whereas, the City of Moorpark ( "City ") is a California general law society;
Whereas, the City plans to widen Los Angeles Avenue in the vicinity of Shasta Avenue
in the City of Moorpark, California;
Whereas, the District owns and operates a 36 -inch diameter concrete cylinder pipeline,
Las Posas Feeder - Unit 1 (LPF -1), a pipeline for transporting water for municipal supply, which
runs east to west along Los Angeles Avenue through Moorpark, and the District holds easements
of record for said LPF -1 (hereafter "Easements ");
Whereas, the City intends to construct certain improvements ( "Street Improvements ")
over LPF -1 and within the District's Easements;
Whereas, the Street Improvements might harm or damage LPF -1;
Whereas, the District requires, and City agrees, that City shall construct improvements
( "Protective Improvements ") designed to protect LPF -1 from the Street Improvements (the Street
Improvements and the Protective Improvements are sometimes collectively referred to as the
"Improvements ");
Whereas, the District requires, and City agrees, that City shall: (a) pay any and all costs
of the Protective Improvements; (b) indemnify, defend and hold the District and its Engineers
harmless for any potential liability in connection with its construction of the Protective
Improvements; (c) acknowledge that the Street Improvements are located within the District's
existing Easements for LPF -1; (d) pay for all permits and environmental review studies
(including CEQA compliance) necessary for the Protective Improvements, and (e) pay any fees
related to construction of the Protective Improvements;
THEREFORE, based on the terms and conditions herein, and for valuable consideration
received, the parties agree as follows:
1. Protective Improvements To Be Constructed By City. Pursuant to the
requirements of this Agreement, City shall diligently construct or cause to be constructed
Protective Improvements and related necessary work for LPF -1, all in strict accordance with the
plans to be designed by Perliter and Ingalsbe ( "District's Engineers "), and to the satisfaction of
the District and its "Resident Inspector" as hereafter set forth. As necessitated by the Street
Improvements, the Protective Improvements consist of the protection of LPF -1 wherever less
than three and one half (3.5) feet of earth cover is present during construction of the Street
Improvements or after the Street Improvements are complete. The road section of base material
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and/or asphalt is not included in the aforementioned three and one half (3.5) feet of earth cover.
As necessitated by the Street Improvements, the Protective Improvements consist of. the
protection of LPF -1 between Stations XX +XX and XXX +XX having a total length of
approximately, feet.
City shall incorporate into its project the Improvement Plans and the design requirements
for the Protective Improvements prepared by the District's Engineers and the Street
Improvements shall be constructed in accordance with both sets of signed plans (hereinafter
referred to as the "Plans "). The City shall also incorporate into its Street Improvement Plans
protective measures established by the District which must be implemented during construction
of the Street Improvements to assure that LPF -1 is not damaged.
2. Other Work Associated with LPF -1. City shall diligently construct or cause to
be constructed the relocation of an existing air /vacuum relief valve ( "air vac ") to the location
shown in Exhibit "A" and the raising of all necessary Calleguas manholes to grade.
3. Representations and Warranties. City represents and warrants that City's
construction plan s, l , ; be' aceeT on file with the District, prepared hit r-m-an(Poorc 2
, 1�ll accurately represent the final grades
for the project.
If before or during construction, any changes are required or ordered by the District or its
Resident Inspector, which in their opinion are necessary or required to complete the work, City
shall make such changes at its sole expense.
4. Requirements for Contractors. Prior to bidding the Street Improvements, City
shall pre - qualify subcontractors that have the necessary skill and experience to complete the
work necessary for construction of the Protective Improvements and relocation of the air vac.
General contractors bidding shall be required to use one of the pre - qualified subcontractors to
perform construction of the Protective Improvements and relocation of the air vac. The District
will provide the City with the pre - qualification criteria.
City further agrees that prior to the start of construction of the Protective Improvements,
a pre - construction meeting shall be held with City staff, District staff, the general contractor for
the Street Improvements, and the subcontractor for the Protective Improvements.
S. District Inspector. City agrees that all work on the Protective Improvements
shall be subject to the inspection and approval of the District Resident Inspector ( "DRI ").
City further agrees that: (a) the District shall have a DRI on site during all work
performed on the Protective Improvements and (b) the District shall have a DRI on site on an as-
needed basis when construction equipment for the Street Improvement project is crossing LPF -1.
All materials furnished and all work done on the Protective Improvements and the District's air
vac shall be subject to inspection by the DRI. Work done on the Protective Improvements or the
air vac in the absence of the DRI may be required to be removed and replaced under the proper
inspection, and the entire cost of removal and replacement shall be borne by City, irrespective of
whether the removed work is found to be defective or not. Work on the Protective
F
callcguas_0306a -2- .s r ✓ar
Improvements covered up without the authority of the District shall, upon order of the District,
be uncovered to the extent required, and City shall similarly bear the entire cost of performing all
the work and furnishing all the materials necessary for the removal of the covering and its
subsequent replacement, as directed and approved by the District. Whenever City's contractor
arranges to work at night or at any time when work is not usually in progress, or to vary the
period during which work is carried on each day, City shall give the District at least one week's
notice so that inspection may be provided.
6. Payment of Construction and Engineering Costs /Estimated Costs. City
agrees to pay all costs and fees associated with the construction of the Protective
Improvements, and all of District's costs and fees in connection with the Protective
Improvements and Street Improvements, including but not limited to, engineering fees
associated with review of City's project plans and preparation of the Plans; legal fees for
preparation and implementation of this Agreement; inspection costs both during construction of
the Protective Improvements and Street Improvements, as required to ensure the safety of LPF -
1; and fully burdened staff costs for project management and administration.
a. Within ty O'0 "da, ;s of execution of this Agreement, City shall
pay the District a deposit in the amount of $56, for engineering, project
management, administration, and inspection costs incurred to date and estimated future costs
associated with the Protective Improvements and Street Improvements.
b. City shall pay its contractor(s) /subcontractor(s) all construction costs associated
with the construction of the Protective Improvements;
c. City shall obtain and pay for all permits as may be required by the ordinances
and regulations of public agencies having jurisdiction over the areas in which the Protective
Improvements are located, and pay for all costs associated with any permits; and
d. City shall pay all costs and fees associated with construction of the Protective
Improvements.
Upon completion of construction of City's project, the District will make a final
accounting of all costs incurred by it associated with the Protective Improvements and Street
Improvements. If the total costs incurred are less than the deposits provided by City, the
District will reimburse City for the difference. If the total costs incurred exceed the deposits
provided by City, City shall reimburse and repay to the District all costs set forth in this
Section 6 and as otherwise may be incurred by the District in connection with this Agreement,
within thirty days after presentation by the District to City of a request for such reimbursement,
and presentation of documentation substantiating such costs. Failure by City to timely pay the
District's reimbursement requests shall be considered a breach of this Agreement and any such
unpaid reimbursement amounts shall bear interest at the legal rate.
7. Operation of Portion of LPF -1. The District shall maintain and operate the
existing LPF -1 during City's construction of the Improvements. At no time during construction
of the Street Improvements or the Protective Improvements shall City be permitted to stop or
impact the performance of LPF -1, a critical supply line delivering potable water.
calleguas_0306a —3—
If, in the sole opinion of the District and the District's Engineers, there is any risk to the
integrity of LPF -1 or its ability to deliver potable water due to City's actions or lack thereof, the
District may take any and all necessary action, at City's sole expense, to protect the pipeline. If
deemed necessary by the District, the District may order City to cease all construction activities
within the District's Easements, or in any areas near the Easements if such activities threaten the
integrity of LPF -1 or its ability to deliver potable water, until such protective measures are
completed.
8. Payment Bond. The City shall require its general contractor for construction of
the Street Improvements and the Protective Improvements to furnish a payment bond to secure
payment to contractors, subcontractors, material men, suppliers and others furnishing labor or
materials to them for the Protective Improvements required under this Agreement.
9. Faithful Performance Bond. The City shall require its general contractor for the
construction of the Street Improvements to furnish a bond conditioned upon the faithful
performance of the work associated with construction of the Protective Improvements
( "Performance Bond ").
City shall require its general contractor to warrant and guarantee all materials and work
for a period of two years after the date of filing of the Notice of Completion on the Street
Improvements project and that the warranty be secured by a warranty bond or an extension of the
performance bond for the project through the two -year warranty period. If, within a period of
two years after acceptance of the Protective Improvements, any structure or part of the Protective
Improvements fails to fulfill any of the requirements of this Agreement or the Plans referred to
herein, City, its general contractor, or the contractor's surety shall without delay and without cost
to the District repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should City, its general contractor, or the contractor's surety fail
to act promptly or in accordance with this requirement, or should the exigencies of the case
require repairs or replacements to be made before City can be notified, the District may, at its
option, make the necessary repairs or replacements or perform the necessary work and City shall
pay to the District the actual cost (including administrative and overhead costs) of such repairs.
10. Indemnification. City shall indemnify, defend and hold harmless the District and
its directors, officers, employees and agents and the District's Engineers from and against any
and all liability, loss, damage, claims, demands, expenses, costs (including without limitation
reasonable attorney's and expert's fees and costs in connection with litigation) of any kind or
nature (including without limitation personal injury, death, or property damage), arising out of
the failure of City to comply with any of the obligations of this Agreement, or the performance
of work on the Protective Improvements by City or its contractor(s) or subcontractor(s) or
anyone directly or indirectly employed by them or anyone for whose acts any of them may be
liable, except where caused by the sole or active negligence or willful misconduct of the
District.
Submission by City of proof of compliance with the insurance requirements of this
Agreement shall not relieve City from liability under this indemnity section and District does not
waive any rights against City because of the District's acceptance of such insurance polices. The
obligations of this indemnification section shall apply regardless of whether: (a) such insurance
calleguas_0306a
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policy or policies shall have been determined to apply to any of such losses, damage, liability,
costs, expenses, claims or demands; or (b) the District has prepared, supplied or approved the
Plans, or any changes thereof.
11. Insurance. Prior to commencing work on the Protective Improvements, City
shall require that its general contractor for the Street Improvements and the subcontractor for
the Protective Improvements furnish to the District evidence of insurance coverage and
additional insured endorsements as required pursuant to Exhibit `B" attached hereto.
12. Completion; Acceptance; Ownership of Protective Improvements. The
District's Resident Inspector shall have the right to reject any or all of the work to be performed
on the Protective Improvements if the work does not conform with the Plans, or the laws, rules
or regulations of the District or any governmental entity with jurisdiction thereof or is not in
accordance with the terms of this Agreement.
Upon satisfactory completion of the Protective Improvements by City (which
determination shall be in the sole discretion of the District), the District shall certify that the
work has been satisfactorily completed.
At the completion of the Street Improvement project, the City shall execute,
acknowledge, and record a notice of completion in the manner provided by law.
No work shall be performed within any portion of the Easements where the Protective
Improvements are to be installed until the Protective Improvements have been satisfactorily
completed.
Upon completion of construction of the Protective Improvements, the Protective
Improvements constructed pursuant to this Agreement shall vest in and become the property of
the District.
13. Compliance with Law. City shall comply, and cause its contractor(s) and
subcontractor(s) to comply, with all federal, state, and local statutes, laws, ordinances, rules,
regulations, and orders (including safety orders) applicable to the work to be done, and shall
provide safe access for the District's Resident Inspector to all parts of the Protective
Improvements and to any areas where the work is in progress.
14. Recordin2/Effective Date. The District shall cause this Agreement to be
recorded as soon as possible after the execution of this Agreement in the Official Records of the
County of Ventura, California, and thereafter deliver a copy of this Agreement, showing
recordation, to City. The effective date of this Agreement shall be the date on which it is
recorded.
15. No Inducement. Each party acknowledges to the other that no one (including,
without limitation, any party, or any agent or attorney of any party) has made any promise,
representation, or warranty whatsoever, expressed or implied, written or oral, not contained
herein concerning the subject matter hereof to induce it to execute this Agreement, and each
party acknowledges that it has not executed this Agreement in reliance on any promise,
representation, or warranty not contained herein.
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16. Partial Invalidity. If any term, covenant, condition or provision of this
Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions herein shall remain in full force and effect, and shall in no way
be affected, impaired, or invalidated thereby.
17. Modification only in Writing. No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties. No oral
understanding or agreement not incorporated herein shall be binding on any of the parties.
18. Incorporation of Recitals. The foregoing recitals are incorporated herein as
though fully set forth.
19. Representation by Counsel. Each party acknowledges that it has been
represented by independent legal counsel of its own choice throughout all of the negotiations
which preceded the execution of this Agreement and that it has executed this Agreement with
the consent and on the advice of such independent legal counsel. Each party further
acknowledges that it and its counsel have had adequate opportunity to make whatever
investigation or inquiry they may deem necessary or desirable in connection with the subject
matter of this Agreement prior to the execution hereof and the delivery and acceptance of the
consideration specified herein.
20. Joint Drafting. This Agreement has been jointly negotiated and drafted. The
language of this Agreement shall be construed as a whole according to its fair meaning and not
strictly for or against any party.
21. California Law. This Agreement shall in all respects be interpreted, enforced
and governed by and under the laws of the State of California applicable to instruments,
persons, and transactions, which have legal contact and relationships solely within the State of
California. Should any litigation be filed concerning this Agreement, such litigation shall be
filed and heard in a court of competent jurisdiction for the County of Ventura.
22. Gender. Whenever in this Agreement the context so requires:
a. "And" shall include "or" and vice versa;
b. The neuter gender shall be deemed to refer to and include the masculine and
the feminine gender; and
c. The singular shall be deemed to refer to and include the plural.
23. Notices. All notices or requests shall be delivered by either party to the other by
depositing the same in the United States mail with postage prepaid for delivery to the addresses
stated below:
If to the District: Donald R. Kendall
General Manager
Calleguas Municipal Water District
2100 Olsen Road
callegum_0306a -6- `, `1'-"�J P%0
Thousand Oaks, California 91360 -6800
If to the City: Ken Gilbert
Director of Public Works
799 Moorpark Avenue
Moorpark, California 93021
24. No waiver. No failure or delay by the District in asserting its rights or remedies
hereunder as to any default shall operate as a waiver of the default, of any subsequent or other
default, or any rights or remedies. No such delay shall deprive the District of its right to
institute and maintain any action or proceeding which may be necessary to protect, assert, or
enforce any rights or remedies arising out of this Agreement or the performance thereof.
25. Relationship of Parties. The parties agree that neither City nor its contractor or
subcontractor(s), nor any of their respective officers, employees, or agents are employees of the
District, nor shall they be considered agents of the District in connection with the performance
of City's obligations hereunder.
26. Counterparts. This Agreement may be executed in counterparts and such
counterparts shall constitute one agreement, binding on all the parties hereto.
27. Authority. Each person executing this Agreement warrants and represents to the
other party that it has the authority to execute this Agreement, that it has read and fully
understands this Agreement, and that it is entering into this Agreement freely and voluntarily.
28. Further Documents. Each party hereto agrees to cooperate fully and to carry out
the spirit and intent of this Agreement, and shall execute and deliver such additional documents,
instruments and other materials as may be reasonably requested by the other party.
29. Headings. Paragraph headings in this Agreement are for reference purposes only
and shall not be considered in interpreting this Agreement.
calleguas_0306a —7— J r:.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year written below.
CALLEGUAS MUNICIPAL WATER DISTRICT
LOW
Donald R. Kendall
General Manager
CITY OF MOORPARK
Patrick Hunter
Mayor
Dated:
Dated:
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Exhibit "A"
Easement Deed for Airvac Relocation Site
callegms_0306a ,, ; —e.- �d 4..J J
Exhibit "B"
INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR
Contractor shall procure and maintain for the duration of the Agreement insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work under the Agreement by the Contractor, or its employees, agents or
subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Offices form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project /location
or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self- Insurance Retention
Any deductibles or self - insured retention's must be declared to and approved by the District.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain
the following provisions:
1. The District and its officers, directors and employees are to be covered as additional insured
with respect to automobiles owned, leased, hired, or borrowed or on behalf of Contractor,
and with respect to liability arising out of work or operations performed by or on behalf of
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Contractor including materials, parts or equipment furnished in connection with such work or
operations.
2. For any claims related to this project, Contractor's insurance coverage shall be primary
insurance as respects the District, and its officers, directors and employees. Any insurance or
self - insurance maintained by the District, and its officers, directors or employees shall be in
excess of Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that either party shall
not cancel coverage, except after thirty (30) days prior written notice by certified mail has
been given to the District.
4. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the District and its officers, directors, and
employees.
5. Contractor's insurance shall apply separately to each insured against whom claim is made or
brought, except with respect to the limits of the insurer's liability.
Acceptance of Insurers
Insurance is to be placed with insurers with a current AM Best's rating of no less than A: VII,
unless otherwise acceptable to the District.
Verification of Coverage
Contractor shall furnish the District with certificates demonstrating coverage required by this
Attachment. Certificates are to be signed by a person authorized by that insurer to bind coverage
on its behalf, and in a form satisfactory to District. All certificates are to be received and
approved by the District before work commences.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the
requirements herein.
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CONTRACTOR'S CERTIFICATE
REGARDING WORKERS' COMPENSATION
WORK IDENTIFICATION
Labor Code Section 3700, in pertinent part, provides:
"Every employer except the state shall secure the payment of compensation in one or more of
the following ways:
1. By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this state.
2. By securing from the Director of Industrial Relations a certificate of consent to self - insure,
which may be given upon furnishing proof satisfactory to the Director of Industrial Relations
of ability to self - insure and to pay any compensation that may become due to his employees."
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 any work under this Agreement.
Signed:
(Contractor)
(Title)
Dated:
(In accordance with California Labor Code Section 1860, et M. the above Certificate must be
signed and filed with the District prior to performing any work under the Agreement.)
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