HomeMy WebLinkAboutAGENDA REPORT 2015 0819 CCSA REG ITEM 10D ITEM 10.D.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL of
AGENDA REPORT ACTION:
BY: L _ /
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: July 29, 2015 (CC Meeting of 8/19/15)
SUBJECT: Consider Amendment No. 1 to Agreement with Ventura County
Waterworks District No. 1 for Adjusting to Grade Surface Facilities
Affected by City of Moorpark Pavement Rehabilitation Projects
DISCUSSION
On October 7, 2009, the City Council authorized the City Manager to sign an agreement
with Ventura County Waterworks District No. 1 (District) for the adjustment of District
surface facilities that are affected by City pavement rehabilitation projects (Agreement).
The Agreement provides that the District will reimburse the City for the actual costs, plus
City administrative overhead, to adjust District sewer manholes and water valve covers as
required when a street is rehabilitated with a slurry seal or asphalt overlay. The
Agreement was executed by both parties with an effective date of December 9, 2009 and
has been used for several City pavement rehabilitation projects since then.
The attached draft Amendment No. 1 to the Agreement includes provisions for the District
to reimburse the City for the actual costs to design and construct the relocation of District
underground water and sewer facilities as required by a City capital improvement project.
District underground facilities include pipes, valves, fittings, manholes and related
appurtenances.
The City and District intend to utilize the provisions of the amended Agreement for the
design and construction of the adjustment and relocation of District surface and
underground facilities required by the City's Princeton Avenue widening project. The
City's current project design engineer will include the adjustment and relocation of District
surface and underground facilities in the project construction plans, and the contractor
eventually hired by the City to construct the project will adjust and relocate the surface
and underground facilities as required. The District will then reimburse the City for the
actual cost incurred, plus City administrative overhead, to design and construct the
adjustment and relocation of District surface and underground facilities.
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Honorable City Council
August 19, 2015
Page 2
The proposed Amendment No. 1 has been reviewed and approved by the City Attorney
and is under review by District counsel. Upon concurrence of the final language, the
Amendment No. 1 will be approved and signed by the Ventura County Board of
Supervisors, and signed by the City Manager. The amended Agreement will then be
utilized for the Princeton Avenue project as well as for other future City projects as
required.
FISCAL IMPACT
The amended Agreement provides that all costs incurred by the City, plus City
administrative overhead, for design and construction of the adjustment and relocation of
District surface and underground facilities will be reimbursed by the District.
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 1 to the Agreement with Ventura
County Waterworks District No. 1 for Adjusting to Grade Surface Facilities Affected by
City of Moorpark Pavement Rehabilitation Projects, subject to final language approval by
the City Manager and City Attorney.
Attachment:
Draft Amendment No. 1
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AMENDMENT NO. 1 TO AGREEMENT FOR ADJUSTING TO GRADE
SURFACE FACILITIES REQUIRED BY CITY OF MOORPARK PAVEMENT
REHABILITATION PROJECTS
This Amendment No. 1 to the Agreement between the City of Moorpark ("City"), a
municipal corporation, and Ventura County Waterworks District No. 1 ("District"), is
made and entered into this day of , 2015.
Whereas, on December 9, 2009, the City and District e .-red into an agreement
for adjusting to grade District surface facilities required by •avement rehabilitation
projects; and
Whereas, District owns and operates certain • .Ie recycled water and
sanitary sewer facilities ("Facilities") within the Cit oorpark;
Whereas, the City and District hay: -- ermined that said rt ilities include
underground pipes, valves, fittings, holes . -.. related -`Eric urtenances
("Underground Facilities"); and
Whereas, said Facilities ha -- been place• are maintained by the District,
within street rights-of-way ("Street and mai • -d by the City; and
Whereas, City, as owner of -ets, * for n. with respect to conflicts
between any utility and - • existin• •r p 'ty ned improvement ("City
Improvement") within •d
Whereas, ity prior hts obi!,. - the District to relocate, and/or pay any
and all costs re `r , to the ocation .' any Facility in conflict with any City
Improvement; and
- Ci ans to cons ruct Infrastructure Improvement Projects
requ. • the re. -me reconstruction, rehabilitation, relocation, removal,
mo•`= ;a tion and wide of • provements; and
-as, Underg d Facilities may need relocation, replacement, removal,
modificatio adjustmen elocation") as a result of City Improvement.
Now, the e •nsideration of the mutual covenants, benefits, and premises
herein stated, the •- hereto agree to amend the aforesaid Agreement as follows:
I. Section 2, Project Scope, of the Agreement is amended to read, in its entirety,
as follows:
"a. Streets affected will be identified to the District by the City at such time as the
City prepares the design of the City Improvement.
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b. The District and City agree that the City, shall design, and through its
contractors, shall adjust all affected Surface Facilities and that the District shall
reimburse the City for all costs related thereto except as provided for in this Agreement.
c. The District and City further agree that the City, may elect to design, and
through its contractors, relocate, replace, remove, modify or adjust all affected
Underground Facilities and that the District shall reimburse the City for all costs related
thereto except as provided for in this Agreement.
d. The District and City further agree that excep urface Facilities and
Underground Facilities that are adjusted or relocated by •ursuant to this Section,
the District shall be responsible to relocate, replace, ,: ; ',r,- or modify all affected
Facilities consistent with applicable City standards icie les, regulations and
procedures pertaining to such work within Streets."
II. Section 3, Cost, of the Agreemen ':. :mended to read, r s entirety, as
follows:
"The cost of Adjustment and/or Rel. Ff;.n s► clude all dein ("Design
Cost") and construction contract costs ("Constr r,.• ") incurred by the City related
to Adjustment and Relocation effo► - • us fifteen p: t (15%) of total Adjustment and
Relocation design and constructi. ., to cover -nspection and administrative
costs incurred by the City. Cost sha ,it any CO * ., urred by the District."
Ill. Section 6, Cost Calculatio If the ,•entamended to read, in its
entirety, as follows:
"a. Prior City rring a •esign Costs, the City shall calculate the
esti• d amount Design -.t and provide the estimated Design Cost
to th- .trict in J:. The D t may, within five (5) working days after
receivi 'e - i e, notify the City in writing that it will
•lete t -sign in ;'` =ly manner with its own forces and/or
c• t. re to so notify the City shall be deemed acceptance of
the D- Co- = -timate by the District and the District will issue work
orders to ide ._ tion for the City to proceed with design.
Upon corn. +- .on of e plans and specifications, the City shall calculate
e estimat-f.,, amount of Construction Cost and provide the estimated
•structi. c•ost to the District in writing. The District may, within five (5)
w•' .r'• after receiving the Construction Cost estimate, notify the City
in w at it will complete the Adjustment and/or Relocation in a timely
manne ith its own forces and/or contractor. Failure to so notify the City
shall be deemed acceptance of the Construction Cost estimate by the
District and the District will issue work orders to provide direction for the
City to proceed to bid.
c. Upon receipt of bids but prior to award of contract, the City shall calculate
the estimated amount of Construction Cost, based on the bids received,
and provide same to the District.
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d. In the event the estimated Construction Cost, based on bids received, is
fifteen percent (15%) higher than the Construction Cost originally
estimated, the City shall so notify the District in writing prior to award of
construction contract. The District shall have the option of completing the
Adjustment and/or Relocation with its own forces and/or contractor if,
within five (5) working days after receiving such notice, the District notifies
the City in writing of its intent to do so. The District's failure to so notify the
City shall be deemed acceptance of the estimated Construction Cost
based upon the bids and direction for the City t• •roceed with award of
contract.
e. The City shall notify the District in writing of.n' f; •roposed contract change
orders that exceed ten percent (10%) o Cost or Construction
Cost. The District shall notify the Ci ., '4' in fiv- working days of its
concurrence or disagreement with ::l roposed c. -' -. t change orders.
Failure to so notify the City shal eemed accepta = if the proposed
contract change orders.
f. Upon completion of any ind -1 Cit ; •rovement, t` City shall
calculate the final Design Cost a • :ction Cost, based on amount
of actual related expe• . -s, and prov :,r - .me to the District."
IV. Section 7, Invoice and Pa •ree is amended to read, in its
entirety, as follows:
"Within thirty of th: etion `. he construction of a City
Improvement, Adju- ` • t and eloca the City shall provide an Invoice to the
District for the a► ; , t of the gn Cos -1 d/or Construction Cost. Within sixty (60)
days of the receip .id inv. I' trict sh- •ay City the amount of the non-disputed
Design Cost and/or r _ • - trict disputes any of City's Design Cost
and/or C. = I Co all give w otice to City within (30) days of receipt of
any di-, . I- os or Construction Cost set forth on the invoice. Projects
inv• a dispute ee and District may be decided by an arbitrator or
me• if both side :. ree iting on the arbitration or mediation and on the
arbitra • mediator s: =1 ted, th costs of arbitration or mediation (not including
attorney to be eq _ •Iy allocated between the parties as determined by the
arbitrator or , ''ator."
V. Sectio F I Performance Bond, of the Agreement is amended to read,
in its entirety, as f•
"The City shall require its general contractor for the construction of any individual
Project to furnish a bond conditioned upon the faithful performance of the work
associated with construction of all Project work, including Adjustment and/or Relocation.
City shall require its general contractor to warrant and guarantee all materials and work
for a period of one year after the date of filing of the Notice of Completion on the Project
and that the warranty be secured by a warranty bond or an extension of the
performance bond for the project through the one-year warranty period."
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VI. Section 9, Indemnification, of the Agreement is amended to read, in its
entirety, as follows:
"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 Adjustment and/or Relocation work by or its contractor(s) or
subcontractor(s) or anyone directly or indirectly employed • ' ' m or anyone for whose
acts any of them may be liable, except where caused by •le or active negligence or
willful misconduct of the District.
Submission by City of proof of complianc- „:t' the ins. :.•. e requirements of
this Agreement shall not relieve City from IiaR under this ity section and
District does not waive any rights against Ci ause of the Distil. ' .cceptance of
such insurance polices. The obligations is indemfication sec' shall apply
regardless of whether: (a) such insurance p. .r polis hall have bee- ietermined
to apply to any of such losses, damage, liability, senses, claims or demands; or
(b) the District has prepared, suppli-"_or approve. -: Hans, or any changes thereof.
District shall indemnify, de "s hold ha ! -s the City and its directors,
officers, employees and agents an. •inee •m and against any and all
liability, loss, damage, claims, dema exp- ost luding without limitation
reasonable attorney's - -' -rt's fee n• s - section with litigation) of any
kind or nature (inclu•'i imitati. = -onal inju •, death, or property damage),
arising out of th- re of rict to ply with any of the obligations of this
Agreement, or t -rformanc. Adjustm•- and/or Relocation work by District or its
contractor(s) or su. rect. 4 one -ctly or indirectly employed by them or
anyone for •.se ac • e ;- :le, except where caused by the sole or
active n will ► sconduct of ity."
. Section 11, pie -nd Acceptance, of the Agreement is amended to
read, i -ntirety, as fo`HHH' s:
"Pri• acceptan. f Project by the City, the District's Engineer shall have the
right to rejec or all ,k' j e Adjustment and/or Relocation work if the work does not
conform to the i - ;r ' is of the City Improvement plans and specifications. Upon
satisfactory comp = '"° of all required Adjustment and Relocation efforts, the District
shall certify in writing hat the work has been satisfactorily completed. At the completion
of the construction of the City Improvement, the City shall execute, acknowledge, and
record a notice of completion in the manner provided by law. Upon completion of the
construction of the City Improvement, all Surface and Underground Facilities which
were subject to Adjustment and/or Relocation shall vest in and become the property of
the District."
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VIII. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
In witness whereof, the parties hereto have executed this Amendment on the day
and year written below.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
By: Dated:
Chair, Board of Supervisors
CITY OF MOORPARK
By: NOP " -tee.
Steven Kueny
City Manager
Attest:
4 reen Benson
lerk
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