HomeMy WebLinkAboutAGENDA REPORT 1991 0306 CC REG ITEM 08F ygLi �
MOORPARK rim • F•
MOORPARK, CALIFORNIA
CityCouncil Meeting STEVEN KUENY
PAUL W. LAWRASON JR. / ,ate 4�,
Mayor of 799� oP �9� City Manager
BERNARDO M. PEREZ 'SW CHERYL J. KANE
ACTION: . i re;/. i/a I /a i
Mayor Pro Tem - ��sA4 City Attorney
SCOTT MONTGOMERY ,r/,2/( - - i��� PATRICK RICHARDS,A.I.C.P.
Councilmember / o-� 0 Director of
JOHN E. WOZNIAK By Scq Community Development
Councilmember 9TE0 'O�, JOHN F. KNIPE
LILLIAN KELLERMAN City Engineer
City Clerk JOHN V. GILLESPIE
MEMORANDUM Chief of Police
RICHARD T. HARE
TO: The Honorable City Council City reasurer
FROM: Kenneth C. Gilbert, Director of Public Works 7
DATE: February 25, 1991 (Council Meeting 3-6-91)
SUBJECT: Contract for the Re-Striping of Mountain Meadow Drive
from Tierra Rejada Rd Northerly to Mountain Trail St
DISCUSSION
A. Striping
On January 23 , 1991, the City Council approved in concept the
re-striping of the subject street segment to allow for parking
and/or passenger loading in front of the school and adjacent
park. As you may recall, Moorpark Unified School District is to
participate in fifty per cent of the cost of the total project
(Not To Exceed $2,500) . A plan for this work has been prepared
and has been reviewed by the Traffic Engineer.
A bid for the work has been received from SAFETY STRIPING
SERVICES, INC. , in the amount of $4,400. A Contract for said
work has been provided to the City Council under separate cover.
The work is scheduled to be done the week ending March 29,
during which time school will be in recess for spring break.
B. Parking Restrictions
It is the intent of staff to have ready for review at your next
meeting, the Resolution revising the parking restrictions and
prohibitions in this area.
RECOMMENDATIONS
Approve an Agreement between the City and SAFETY STRIPING SERVICES,
INC. , to perform the subject re-striping work for the amount bid of
$4,400; authorize the City Manager to execute said agreement; and,
authorize the City Manager to approve an increase in project costs
to cover contingencies of an amount Not to Exceed 20% of the bid.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
AGREEMENT
FOR CONTRACT SERVICES
THIS AGREEMENT, made and entered into this day of
, 19_, between the CITY OF MOORPARK, a municipal
corporation, hereinafter referred to as "City" and
Safety Striping Services, Inc.
a Private Contractor, hereinafter referred to as "Contractor".
WITNESSET H:
WHEREAS, City desires to re-stripe Mountain Meadow Dr. per
hereinafter referred to as "Project"; and attached description
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 designated person he
has appointed to over see the project.
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 January 31, 1991 ,
which proposal is modified as follows:
3. PAYMENT. Upon satisfactory performance of the services
hereinabove described in "SCOPE OF SERVICES", Contractor shall receive
said compensation after the final approval of completed work in the
lump sum amount of $4,400.00
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 as agreed to by the City.
4. TIME FOR PERFORMANCE. Contractor agrees that it shall
diligently and responsibly pursue the performance of the services
required of it by this Agreement and that said services sY ail Eqw E
F E B 12 19S6
PW/UNDER. FRM/CONTRACT -1- City a: `uorn
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completed within fifteen (15) (working) (calendar) days after the
execution of this Agreement in accordance with the Project Schedule
attached hereto, and incorporated herein, as Exhibit A.
If a delay beyond the control of Contractor (in -0-
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 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 judgement against it to remain unsatisfied or
unbonded of record for thirty (30) days or longer; or
PW/UNDER. FRM/CONTRACT -2-
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 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 Manager at 799 Moorpark Avenue,
Moorpark, CA 93021, and to Contractor at
Safety Striping Services, P.O. Box 725, Fillmore, CA 93016
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
City Manager 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 :
PW/UNDER. FRM/CONTRACT -3-
a. Include City as the insured or named an additional
insured covering their 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 duties under this
Agreement against all claims arising out of, or in connection with, the
Agreement.
c. Provide the following minimum limits:
Bodily Injury - $500,000 each person
$500,000 each occurrence
$500,000 aggregate products
and completed
operations
Property Damage - $500,000 each occurrence
$500,000 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 Manager 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
Manager 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 shall be notified by registered mail , postage
PW/UNDER. FRM/CONTRACT -4-
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 employees 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, executed
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 Agreement and shall be the
City's agent with respect to review, coordination and approval of the
services to be performed by the Contractor.
22. INTERPRETATION OF AGREEMENT. Should interpretation of
this Agreement, or any portion thereof, be necessary, it is deemed that
this agreement was prepared jointly and equally, and shall not be
PW/UNDER.FRM/CONTRACT -5-
•
interpreted against either 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 .
SAFETY STRIPING SERVICE, INC.
Name o Firm
By i 1 -7.-7— By . SLC
City Manager
Title KW SPITLER, PRESIDENT
•
Date: 3/7/7/ Date: FEB 08 , 1991
PW/UNDER.FRM/CONTRACT -6-
EXHIBIT A, 1 of 3
SCOPE OF WORK
1. Prepare a design for the removal and restriping of Mountain
Meadow Drive from Tierra Rejada Road to Mountain Trail
Circle.
2 . Remove all striping and pavement markers.
3 . Re-install striping and pavement markers per plan.
NOTES
a. plan to conform to general diagram provided and to
verbal directions
b. no striping removal/replacement shall occur without
written notice to proceed
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EXHIBIT A, 3 of 3
CArETY GTP I r I NC RV I CC, INC.
. 0. BOX 6940
VENTURA, CA. ?3,004;
CORFOF;ATE OFFICE (305) 525-4955 BRANCH OFFICE (005) 659-3107
CITY OF MOORPARK
799 MOORPARK AVE
MOORPARK, CA. 93421
ATT: KEN GILBERT
PRICE FOR REMOVING AND RE I NSTALL I NC STRIPING TO PERMIT FOR
PAINS ON MOUNTAIN MEADOW EAST SIDE FROM TIERRA RE3AD Tu
MOUNTAIN TRAIL
PLAN TO FOLLOW
TOTAL COMPLETE $0>5415700
trl (CI
SAFETY ETR/PING SCRVICE, INC.
-:RRY SPITLER
BRANCH MANAGER