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HomeMy WebLinkAboutAGENDA REPORT 2013 1106 CCSA REG ITEM 10L ITEM 10.L. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCJL � AGENDA REPORT ACTION: app.1 4 TO: The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Allen Walter, Landscape/Parks Maintenance Superintendent,W DATE: October 28, 2013 (CC Meeting of November 6, 2013) SUBJECT: Consider an Agreement with Pedersen Fence and Patio Company, Inc. for Fencing Repair and Installation Services and Authorize the City Manager to Execute the Agreement DISSCUSSION The City has need of a licensed fencing contractor to perform fencing related repair and installation services at several City Landscape Maintenance Districts (LMD) and parks. Three (3) quotes were requested for this work and fencing contractor Pedersen Fence and Patio Co., Inc. was selected as the lowest qualified bidder. Pedersen Fence and Patio Co., Inc. will provide fencing repair and installation services for six projects at a total cost of $48,482.00, which includes a ten percent contingency in the amount of $4,407.00. Project 1: Provide construction services related to the removal of 355' of pipe rail fence, and replace with 355' of 2-rail concrete fence on Walnut Canyon Road, between Championship Drive and Spring Road. The rail fence at this location currently consists of galvanized pipe that was installed to keep equestrian uses on the trail and off adjacent private property. Staff recommends the installation of a 2-rail concrete fence to match the existing equestrian trail fence along Walnut Canyon Road. Proposed cost: $18,653.00. Project 2: Remove six step-over gates on the multi-use trail located on Championship Drive, between Nelson Road and Rawls Road. Staff has received several concerns in regards to the design and use of the gates by several residents, including members of the equestrian community. The gates were originally installed by the developer to keep vehicular uses off the trails. However, gates are not installed on any other multi-use trails within the City and staff does not feel that the gates are warranted, as there have been very few instances of vandalism or prohibited uses on the existing City trials. Proposed cost: $3,000.00. 242 Honorable City Council November 6, 2013 Page 2 Project 3: Installation of steel pipe post (bollards) 136' in length at 3 feet on center, including 2-chain gates along the south end of staging area located on Grimes Canyon Road, south of Championship Drive. Staff feels that the proposed fencing is necessary to keep illegal vehicular use out of the adjacent flood control drainage easement, as several instances of vandalism and illegal dumping have been observed in this area. Proposed cost: $ 7,415.00. Project 4: Several metal restroom doors, located on the outside of the building, have rusted over time and are in need of replacement. Staff proposes to install new steel gates, in lieu of restroom doors, at five City parks: Mountain Meadows Park (2-doors), Peach Hill Park (2-doors), Campus Canyon Park (2-doors), College View Park (2- doors), and Tierra Rejada Park (2-doors). The doors in question are the outside restroom doors that are locked in the open position during normal park hours, not the interior privacy partitions. The existing restroom doors have been a target for graffiti for some time. The steel framed gates will limit graffiti options. Proposed cost: $8,300. Project 5: Provide construction services related to replacement of approximately 84 feet of damaged concrete post and rail fence located on Spring Road, south of Elk Run Loop, due to a vehicular accident. Provide an additional six extra concrete post and twelve concrete rails. Staff is seeking insurance reimbursement for this damage. Proposed cost: $6,356.20. Project 6: Replace one damaged concrete post on Spring Road, north of Grimes Canyon Road, due to a vehicular accident. Staff is seeking retribution for this damage. Proposed cost: $350.00. Staff is recommending that the City Council approve an Agreement with Pedersen Fence and Patio Co., Inc. for the above listed projects at a total cost of $48,482.00, which includes a 10 percent contingency in the amount of $4,407.00. City Council approval is necessary for this work, as the City has hired the services of Pedersen Fence and Patio Co., Inc. for several contracted projects and emergency related fencing repairs in FY 13/14 and FY 12/13. The combination of the projects that have been completed within the last twelve months, along with these new proposed projects, will total $50,710. This amount exceeds the contract limit that the City Manager has authority to execute. FISCAL IMPACT There is no impact to FY 2013/14 budget as funding has been provided in the current Parks, Facilities and Landscape Maintenance Districts operating budgets for these projects. 243 Honorable City Council November 6, 2013 Page 3 STAFF RECOMMENDATION: 1. Award a contract to Pedersen Fence and Patio Co., Inc. for a total cost of $48,482.00, which includes a ten percent contingency in the amount of $4,407.00 for fencing repair and installation services at the six locations described in the agenda report; and 2. Authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager. Attachments: Pedersen Fence and Patio Co., Inc. Agreement 244 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PEDERSON FENCE & PATIO COMPANY INC., FOR FENCE REPAIRS AND IMPROVEMENTS THIS AGREEMENT, is made and effective as of this day of , 2013, between the City of Moorpark, a municipal corporation ("City") and Pederson Fence and Patio Company Inc., a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to removal and installation of fencing barriers on Championship Drive and Walnut Canyon Drive and the installation of ten (10) new steel gate doors at five (5) City parks, and construction services to repair a concrete fence on Spring Road, and provide six (6) extra concrete post and twelve (12) concrete rails; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibits B, C, and D unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to: the removal of 355' of pipe rail fence and replace with 355' of 2-rail concrete fence on Walnut Canyon Drive between Championship Drive and Spring Road; Removal of six (6) step-over gates on the multi-use trail located on Championship Drive from Nelson Road to Rawls Road; Installation of steel pipe post (bollards) 136' in length at 3 feet on center, including 2-chain gates along south end of staging area located on Grimes Canyon Road, south of Championship Drive as set forth in Exhibit B: Contractor's Bid Proposal, August 14, 2013, and the installation of new steel gate restroom doors at five (5) City parks: Mountain Meadows Park (2-doors), Peach Hill Park (2-doors), Campus Canyon Park (2-doors), College View Park (2- doors), and Tierra Rejada Park (2-doors), as set forth in Exhibit C: Contractor's Bid Proposal, dated January 4, 2013, and provide construction services related to replacement of approximately eighty-four (84) feet of damaged post and rail fence and reinstall approximately two hundred forty (240) feet of concrete fence rails located on Spring Road west of Elk Run Loop. Provide an additional six (6) extra concrete post and twelve (12) concrete rails. Replace one (1) damaged concrete post on Spring Road north of Grimes Canyon Road as set forth in Exhibit D: Contractor's Bid Proposal, dated September 12, 2013, all exhibits are attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposals." 245 Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibits B, C, D, and E attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits B, C and, D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibits B, C, and D, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total value of forty-eight thousand four hundred eighty-one dollars and sixty-three cents ($48,481.63) which includes a ten percent (10%) contingency of four thousand four hundred seven dollars an forty-two cents ($4,407.42) as stated in Exhibits B, C, and D, without a written Amendment to this Agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Don Pedersen, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibits B, C, and D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed forty-eight thousand four hundred eighty-one dollars and sixty-three cents ($48,481.63) which includes a ten percent (10%) contingency of four thousand four hundred seven dollars an forty-two cents ($4,407.42) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Pedersen Fence and Patio Co., Inc. Page 2 of 15 246 Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing with a written Amendment to this Agreement executed by both parties. For additional services to be provided and compensated pursuant to the ten percent (10%) contingency, advance written approval of the City Manager is required before initiating such work. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Pedersen Fence and Patio Co., Inc. Page 3 of 15 2 4 7 Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the 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. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Pedersen Fence and Patio Co., Inc. Page 4 of 15 248 10. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect, and hold harmless City and its Project Contractors, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees, or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe, or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission, or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions, or negligence referred to in Subsections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Subsections a, b, c, d, and e. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent Pedersen Fence and Patio Co., Inc. Page 5 of 15 249 jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. 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, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor Pedersen Fence and Patio Co., Inc. Page 6 of 15 250 for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, 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. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Pedersen Fence and Patio Co., Inc. Page 7 of 15 251 Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark • 799 Moorpark Avenue Moorpark, California 93021 To: Don Pedersen Pedersen Fence and Patio Co., Inc. 91 South Dawson Drive Camarillo, California 93012 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. Pedersen Fence and Patio Co., Inc. Page 8 of 15 252 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Pedersen Fence and Patio Co., Inc. Page 9 of 15 253 Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibits B, C, and D attached hereto and incorporated herein by this reference as though set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PEDERSEN FENCE AND PATIO CO., INC. By: By: Steven Kueny, City Manager Don Pedersen, President Attest: Maureen Benson, City Clerk Pedersen Fence and Patio Co., Inc. Page 10 of 15 254 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be Pedersen Fence and Patio Co., Inc. Page 11 of 15 255 no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for Pedersen Fence and Patio Co., Inc. Page 12 of 15 256 the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. Pedersen Fence and Patio Co., Inc. Page 13 of 15 2 57 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of Pedersen Fence and Patio Co., Inc. Page 14 of 15 258 clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to change City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. Pedersen Fence and Patio Co., Inc. Page 15 of 15 259 (- American '4ØAFA Fence P(DERSEN FENCE & PATIO CO., INC. / Association "Good Fences Make Good Neighbors" EXHIBIT B 91 So. Dawson Drive • Camarillo, Ca 93012 Phone (805) 482-7200 • State License C-13 371374 Fax(805) 388-3382• Email: pedersenfence @verizon.net PROPOSAL COMMITTED TO PHONE DATE City of Moorpark/Allan Walter (805) 517-6360 August 14, 2013 STREET JOB NAME 799 Moorpark Ave. Same CITY,STATE AND ZIP CODE JOB LOCATION Moorpark,Ca. 93021 Same JOB PHONE FAX# (805) 523-8836 Project #1 -Walnut Canyon,Championship Dr.to Spring Rd. The removal of 355 'of pipe rail fencing @10.00 a L.F. $3,530. 00 The installation of 355 'of 2-rail concrete fence @42.60 a L.F. $15, 123.00 Total cost for project #1 . $18, 653 .00 Project #2-Championship Dr.&Nelson Rd.to Rawls Rd. The removal of 6-pipe steps over gates @500. 00 EA. $3,000.00 Project #3-Championship Dr.to Staging Area.The installation of 4'pipe post with chain welded to back of post and 2-gates of chain, 1 -10 ' &1-12 ' 4 ' tall set on 3 'centers. The installation of 1 . . `of ports @52.00 a L.F. $7,015. 00 The installation of 2-chain gates @200. 00 EA. 400. 00 Total cost for project ; 3. $7, 415. 00 • We Will Not Assume Responsibility For Damage or Repair to Underground Utilities or Water Lines,That Cannot Be Seen. We Propose Hereby to Furnish Material and Labor—Complete in Accordance with Above Specifications. Payment to be Made as Follows: Billed on Comp_. t.ic. You Have The Right To Cancel This Contract Within Three(3)Days. Remarks: Acceptance of firnpu88j-The above prices,specifications t WF,e%t14 "S` and conditions are satisfactory and are hereby accepted. You are Authorized Signature Don C.Pedersen authorized to do the work as specified. Payment will be made as outlined above. NOTE: This Proposal may be withdrawn by us if not accepted within Date of Acceptance: 25 days. 260 Authorized Signature ,•AFA American Fence PEDERSEN FENCE & PATIO CO., INC. EXHIBIT C / Association "Good Fences Make Good Neighbors" ,/ 91 So. Dawson Drive • Camarillo, Ca 93012 Phone (805) 482-7200 • State License C-13 371374 Fax (805) 388-3382• Email: pedersenfence @verizon.net PROPOSAL COMMITTED TO PHONE DATE City of Moorpark C/0 John Casillas 479-6444 January 4, 2013 STREET JOB NAME /199 Moorpark Avenue Five Parks CITY,STATE AND ZIP CODE JOB LOCATION Moorpark, CA 93021 Moorpark, Ca JOB PHONE Fax: 532-2205 Remove ten bathroom doors and change to black iron gates and frames. 2" outer frame attached to block building. 1 1/2" frame. 1" pickets spaced 4" apart. 1" flat stock 9' from to and 37" up from bottom of gate. Haul away old doors and jams. Owner to save locks and plates. New gate to have buttings on slide bolt lockable latch. Ten gates at 820.00 each $ 8,200.00 The gate at Peach Hill extra jams are not bolted to wall. They are in the morter line. $ 100.00 We Will Not Assume Responsibility For Damage or Repair to Underground Utilities or Water Lines,That Cannot Be Seen. We Propose Hereby to Furnish Material and Labor—Complete in Accordance with Above Specifications. Payment to be Made as Follows: Upon completion You Have The Right To Cancel This Contract Within Three(3)Days. Remarks: Acceptance of f roptrat-The above prices,specifications �� and conditions are satisfactory and are hereby accepted. You are Authorized Signature O n n authorized to do the work as specified. Payment will be made as Don C. Pedersen outlined above. NOTE: This Proposal may be withdrawn by us if not accepted within Date of Acceptance: 15 days. 2 6 1 Authorized Signature EXHIBIT D F m erriican PEDE E FENCES PATIO CO., INC. Association "Good Fences Make Good Neighbors" 91 So.. Dawson Drive • Camarillo, Ca 93012 Phone 1805) 482.7200 . State Liken C-13 371374 Fax (805) 388-3382 • Email: pedersenfencteve lzon.net Proposal Committed To: Phone: 805-517-6360 Date: September 12, 2013 City of Moorpark Job Name: Spring Road and Elk Run, Moorpark Attn: Al Walter 799 Moorpark Ave. Moorpark, CA 93021 Repair 3 rail, 5' concrete woodcrete, Miami Buff in color. 9 posts, 27 rails damaged by car. Also reinstall 30 additional rails in line of fence. Remove existing concrete footings. Posts will be set in existing locations and will be set in concrete. Material $2,200.00 Concrete 150.00 Labor and profit 2,730.00 Remove existing concrete 200.00 $5,280.00 Material for inventory Three rails at$49.00 each $588.00 Seven posts at$68.60 each 480.20 (One post for replacement of 1 post on Spring Road north of Grimes Canyon) Replace one post on Spring Rd north of Grimes Canyon labor only $350.00* *Post must be replaced when above project is being done We Will Not Assume Responsibility For Damage or Repair to Underground Utilities or Water Lines,That Cannot Be Seen. We Propose Hereby to Furnish Material and Labor—Complete in Accordance with Above Specifications. Payment to be Made as Follows: Balance due unon comnletion. You Have The Right To Cancel This Contract Within Three(3)Days. Remarks: Acreptana of Proposal-The above prices,specifications g i9 and conditions are satisfactory and are hereby accepted. You are Authorized Signature .d�L it„yzv/Jy„ti authorized to do the work as specified. Payment will be made as Don C.Pedersen outlined above. NOTE: This Proposal may be withdrawn by asN accepted within Date of Acceptance: -15- days. Authorized Signature 2 61