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HomeMy WebLinkAboutAGENDA REPORT 1986 0616 CC REG ITEM 10ONiuollrAKA- STEM 10, 0. JAMES D. WEAK STEVEN KUENY Mayor ' . City Manager THOMAS C. FERGUSON CHERYL J. KANE Mayor Pro Tern City Attorney ALBERT PRIETO RICHARD MORTON Councilmember Director of DANNY A. WOOLARD Community Councilmember .q Development LETA YANCY - SUTTON R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE City Clerk MEMORANDUM Chief of Police THOMAS P. GENOVESE City Treasurer TO: FROM : DAT E : The Honorable City Council Thomas P. Genovese, Administrative Assistant_ek June 12, 1986 S U B J E C T: Construction of Stage and Dias RArxr.Rn11ND City Council has authorized, as part of the Budget process, the construction and installation of a stage and dias for the Community Center. The said stage & dias will be constructed for the multi purpose room of the Community Center. Staff has solicited bids for the construction of the said project. The lowest bid received was that of James D. Walters, General Contractor license #363920. The bid amount is Eight Thousand One Hundred and Sixty Dollars ($8,160). The next lowest bid was Twelve Thousand Eight Hundred and Twenty -Three Dollars ($12,823.00). Plans and specifications were forwarded to all bidders for inspection and comments. Construction time is estimated at Ten (10) days. The second lowest bidder has informed staff that there would be a delay of approximately six weeks for construction of the dias. RECOMMENDATION: Staff recommends award of contract to James D. Walters for construction of stage and dias. MOORPARK, C ALIFORN A uw council m4*in'9 of Ilo 1986 By 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 16th day of June , 1986, between the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "City" and James D. Walters , a independent contractor hereinafter referred to as "Contractor ". W I T N E S S E T H: WHEREAS, City desires to have contractor construct stage & dias at designated location hereinafter referred to as "Project "; and WHEREAS, Contractor has met with City to discuss the scope of services for said Project; and qualifications and licenses required by law to perform the services required in connection with said Project; and WHEREAS, City desires to retain Contractor for services hereinafter described in connection with said Project. NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. DEFINITIONS. As used in this Agreement, the Following definitions shall be applicable: a. Services. Services shall mean the services to be performed by Contractor pursuant to this Agreement. b. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City and /or his designee 2. SCOPE OF SERVICES. Contractor agrees to perform for, and furnish to, City the services described in the proposal attached hereto and incorporated as Exhibit A dated ,June 16 19 86, which proposal is modified as follows: -1- 3. PAYMENT. Upon satisfactory performance of the services hereinabove described in "SCOPE OF SERVICES", Contractor shall be compensated in accordance with the Fee Schedule attached hereto, and incorporated herein, as Exhibit g, but in no event shall the total amount of compensation exceed Eight Thousand One Hundred and Sixty Dollars ($.8,160) Should City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES" an additional fee based upon Contractor's standard hourly rates shall be paid to Contractor for such additional services. 4. TIME FOR PERFORMANCE. Contractor agrees that is shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall be completed within Twenty (20) (working) (calendar) days after the execution of this Agreement in accordance with the Project Schedule attached hereto, and incorporated herein, as Exhibit None. If a delay beyond the control of Contractor (in is encountered, a time extension may be mutually agreed upon in writing by City Manager of City and Contractor. Contractor shall present documentation satisfactory to City Manager to substantiate any request for a time extension. 5. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. For good cause, City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon Contractor at least fifteen (15) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty -five (35) days after service of said notice, City shall pay Contractor the total value of the services rendered by Contractor to the date that work is to be ceased pursuant to this section. If City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. 6. BREACH OF CONTRACT. If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the -2- event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. BANKRUPTCY. City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 8. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes if any, prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor 9. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, servants or agents, except as herein set forth. Contractor shall not at -3- any time or in any manner represent that it or any of its officers, employees, servants or agents are in any manner officers, employees, servants or agents of City. 10. LEGAL RESPONSIBILITIES. Contractor shall keep itself informed of State and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. The City and its officers, employees, servants and agents shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 11. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to City C/O City Clerk at 799 Moorpark Avenue Moorpark, CA 91320 and to Contractor at 3531 Skagway Street, Simi Valley unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States postal service. This shall be a valid and sufficient service of notice for all purposes. 12. ASSIGNMENT. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder. 13. LIABILITY INSURANCE. Contractor shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance to the Citv Clerk of City before execution of this Agreement by City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include City as the insured or named an additional insured covering the services to be performed under this Agreement, whether liability is attributable to Contractor or City. b. Insure City and its officers, employees, servants and agents while acting within the scope of their -4- duties under this Agreement against all claims arising out of, or in connection with, the Agreement. C. Provide the following minimum limits: Bodily Injury - $ 5002000 each person $ 500.000 each occurrence $ 500,000 aggregate products and completed operations Property Damage- $ 500.000 each occurrence $ 500000 aggregate A combined single limit policy with aggregate limits in the amount of $ 500,000 will be considered equivalent to the required minimum limits. Contractor may file insurance acceptable to City covering more than one project. d. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. 14. WORKERS' COMPENSATION INSURANCE. Before execution of this Agreement by City, Contractor shall file with the City Clerk of City the following signed certification: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work. Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City Clerk of City before execution of this Agreement by City. The City and its officers, employees, servants and agents shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, City -5- shall be notified by registered mail, postage prepaid, return receipt requested, giving Contractor a sufficient time to comply with applicable law, but in no event less than thirty (30) days before expiration or cancellation is effective. 15. ATTORNEY'S FEES. If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to any other relief to which it may be entitled. 16. HOLD HARMLESS Contractor agrees to indemnify, save, keep and hold harmless City and all of its officers and enployees from all claims, actions, suits, damages, costs or expenses in law or equity, including costs of .suit and expenses for legal services, that may at any time arise or be set up because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any act on the part of Contractor in regard to any function or activity carried out by Contractor on behalf of City pursuant to the terms of this agreement: 17. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or_ incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 18. EFFECTIVE DATE AND NUMBER OF COPIES. This Agreement is made in two (2) duplicate originals and shall be effective from and after the date it is signed by the representatives of City. 19. GOVERNING LAW. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 20. VENUE. This agreement is made, entered into, execute and is to be performed in Moorpark, Ventura, County, California, and any action filed in any court or for arbitration for interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. 21. CITY'S AGENT. The Moorpark City Manager shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this agree- ment and shall be the City's agent with respect to review, coordination and approval of the services to be performed by the the Contractor. 22. INTERPRETATION OF AGREEMENT. Should interpre- tation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by each of the parties hereto jointly and equally, and shall not be interpreted against any party on the ground that the party prepared the agreement or caused it to be prepared. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONSULTANT DATE: ATTEST: DATE: Mayor iM Title DATE: ATTEST: City Clerk Title -7- DATE: Name of Firm EXHIBIT A SCOPE OF SERVICES: Construct Stage and Dias according to specifications, and standards of the attached blueprint and site plan prepared by D.I.al. Job No. 8501 -25. Note: Blueprints & site plan are not included due to limited amount of copies, they will be presented at the Council meeting. RYNTRTT R COMPENSATION: Compensation for the desired work to be completed shall not exceed Eight Thousand One hundred and Sixty Dollars. Said compensation shall be paid as follows: * 90% of Contract amount paid upon completion of desired work and approval of performance by City Manager or his designee. * 10% of Contract amount paid 35 days after acceptance and approval by City Manager or his designee.