HomeMy WebLinkAboutAGENDA REPORT 2012 0718 CC REG ITEM 10O ITEM 10.0.
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MOORPARK CITY COUNCIL ACTION:__�
AGENDA REPORT ��
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared by: Al Gali, Assistant Engineer ;tL4
DATE: July 11, 2012 (CC Meeting of 07/18/12)
SUBJECT: Consider Award of Contract for Alderbrook Street Asphalt Overlay
(Project 8091)
BACKGROUND
The City has conducted testing of the deteriorated pavement on Alderbrook Street
between Honeybrook Court and Rivergrove Court. The testing results indicate the need
to remove and replace the severely cracked portions of asphalt pavement and overlay
the entire street with rubberized asphalt. The project will also construct a new concrete
gutter across Honeybrook Court on the west side of Alderbrook Street.
Construction of the asphalt pavement repair, rubberized asphalt overlay and concrete
cross gutter has been added to the updated Capital Improvement Program and will be
funded by the City's Highway Users Tax Account (HUT) funds.
On June 6, 2012, the City Council approved the plans and specifications for the
Alderbrook Street Asphalt Overlay, and authorized staff to advertise for construction
bids.
DISCUSSION
A. Scope of Work
The subject project will construct a rubberized asphalt overlay at the location
described above. The work includes asphalt grinding, remove and replace severely
cracked asphalt pavement, rubberized asphalt paving, utility cover adjustments, and
pavement striping.
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Honorable City Council
July 18, 2012
Page 2
Manhole and water valve covers will be adjusted to the new pavement surface as
required. An agreement between the City and Ventura County Waterworks District
No. 1 provides that the District will reimburse the City for the costs to adjust their
sewer manholes and water valve covers.
B. Bid Results and Analysis
Sixteen construction firms obtained the plans and specifications. Of that number,
ten bids were received and opened on July 10, 2012. The low bidder is Superior
Paving Company, Inc. dba United Paving Company, of La Mirada, California. The
low bidder possesses the necessary qualifications and experience to perform the
work and additionally, is a responsive and responsible bidder.
A summary of the bid results is listed as follows:
No. I Bidder Bid
1 United Paving Company $214,831.00
2 Chaparral Construction $226,591.20
3 C.A. Rasmussen $227,971.00
4 All American Asphalt $230,000.00
5 Hardy & Harper $234,000.00
6 Silvia Construction $240,722.00
7 Granite Construction $245,541.00
8 Nye and Nelson $256,621.00
9 J&H Engineering $265,031.00
10 1 Berry General Engineering $271,100.50
The detailed analysis of bids is attached (Attachment 1). The Engineer's estimate is
$240,000.00.
C. Project Schedule
The anticipated project schedule is as follows:
Award of Construction Contract 07/18/2012
Notice to Proceed 08/13/2012
Project Completion 10/05/2012
D. Project Administration and Inspection
Project administration will be performed by City staff with construction inspection and
materials testing to be provided by a consultant. Staff solicited proposals from
several qualified consultants and has selected BTC Labs-Vertical Five to provide the
inspection and materials testing services. The City Manager will award a consultant
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Honorable City Council
July 18, 2012
Page 3
agreement for these services to BTC Labs-Vertical Five in an amount not to exceed
$35,000.00.
E. Environmental Determination
A notice of exemption for Categorical Exemption for this project has been filed
with the County Clerk's Office in accordance with the California Environmental
Quality Act.
FISCAL IMPACT
A summary of the project cost estimate is as follows:
Description Estimated Cost
Design (In-House) $ -
Construction
Bid Amount $ 214,831.00
10% Contingency $ 21,000.00
Construction Total $ 235,831.00
Inspection $ 35,000.00
Project Total $ 270,831.00
Waterworks District Reimbursement $ (8,880.00)
Total Cost to City $ 261,951.00
The project will be funded by the Highway Users Tax Account — HUT 2103 (Fund 2606).
There are sufficient funds appropriated for this project in the current FY 2012/13 Capital
Improvement Budget as summarized below.
Fund 2606 - HUT 2103 FY 12/13 Budget
($)
Construction 240,000.00
Inspection 35,000.00
Total 275,000.00
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award a construction contract to Superior Paving Company, dba United Paving
Company, and authorize the City Manager to execute the construction contract in the
amount of$214,831.00 for the subject project.
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Honorable City Council
July 18, 2012
Page 4
2. Authorize the City Manager to amend the construction contract for project
contingencies in an amount not to exceed $21,000.00 if and when the need arises for
extra work and services.
3. Authorize the City Manager to award a consultant agreement for materials testing and
construction inspection services to BTC Labs-Vertical Five in an amount not to exceed
$35,000.00 subject to final language approval by the City Manager and City Attorney.
Attachments:
1. Bid Analysis
2. Contract
S:\Public Works\Everyone\Reports\Staff Reports\2012Wly\07-18-2012(Alderbrook Asphalt Overlay Award).doc 331
Akierbrook Street Asphalt Overlay
Owner:City of Moorpark
Bid opening:07/10/12 a,ksanall—r—Engineer's Estimate United Paving Company
14660 Industry Circle
La Mirada, CA 90638
Bidder Status:Valid
Schedule of Work
Item d item Code hem Description Quantity unit oJMewure unit Price Item Total unit Price item Total
1 702-8 TRAFFIC CONTROL 1 LS 5,000.00 $5,000.00 $2,000.00 52,000.00
2 703-2 STORMWATER POLLUTION CONTROL PLAN 1 LS 2,000.00 $2,000.00 $1,200.00 $1,200.00
3704-4 STREET SURFACE PREP 1 LS 6,000.00 6,000.00 8,000.00 8,000.00
4708-6 PAVEMENT MILLING(VAR DEPTH) 38800 SF 0.37 14,356. 0.34 13,192.00
5706-4 ASPHALT RUBBER HOT-MIX(ARHM)-1.75 1210 TN 100.00 $121,000.00 111.90 $135,399.00
6707-6 R R 6 ASPHALT CONCRETE 3500 SF $8.00 28,000.00 518,760.00
7 709-5 CONSTRUCT CROSS GUTTER 11 EA $6,000.00 56,000.00 $7,480.00 §$4,180.00
8709-5 R&R PCC CROSS GUTTER(HALF) 2 EA 5;250.00 10,500.00 2,640.00
9709-5 R&R PCC CURB RAMP 2 EA 2,500A0 5,000.00 2,090.00 10 710-3 ADJUST MANHOLE FRAME&COVER 13 EA 450.00 5,850.00 320.00 it 710-3 ADJU T VALVE COVER 18 EA 45000 8,1 .00 28000 12710-3 ADJUSTSURVEYMONUMENTCOVER 3 EA 450.00 1,350.00 280.00 13 711-6 LOOP DETECTORS 2 EA 250.00 500.00 60500 14 713-7 INSTALL BLUE RPM AT FIRE HYDRANT 4 EA 30. 1 0.00 15.
15 713-7 STOP BAR "STOP'LEGEND THERMO 3 EA 200.00 600.00 770.00 2,310.00
16716-2 RELEASE N CONTRACT 1 LS 1.00 $1.00 1.00 $1.00
17 INSTALL 10 LF OF 8'HDPE SLOTTED DRAIN&1 1 LS 5,000.00 5,000.00 55,720.00 $5,720.00
Bid List Total $219,377.00 $214,832.00
Total Bid Amount $219,377.00 $214,832.00
Listed Subs Case Land Surveying,Inc.
614 N Eckhoff Street
Orange,CA 92868
License No:L5411
Survey
Rubberized Crack Filler Sealant,Inc.
800 E Walnut Ave
Fullerton,CA 92831
License No:484758
Crack Fill
Taft Electric Seat#2
1694 Eastman Ave
Ventura,CA 93003
License No:772245
Crack Fill
Verdin Concrete
4899 Deperado Drive
Riverside,CA 925W
License No:780587 -U D
Concrete '►
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Chaparral Construction Corp.Seat 2 C.A.Rasmussen,Inc. all american asphalt Hardy&Harper,Inc.
2101 E Ventura Blvd 28548 Livingston Avenue 400 a sixth street 1312 East Warner Avenue
Oxnard, CA 93036 Valencia, CA 91355 corona, CA 92879 Santa Ana, CA 92705
us u5
Bidder Status:Valid Bidder Status:Valid Bidder Status:Valid Bidder Status:Valid
Unit Price item Total Unit Price item Total Unit Price item Total Unit Price Item Total
8,460.00 8,460.00 8,500.00 8,500.00 26,035.00 26,035.00 24,000.00 24,000.00
1,764.00 1,764.00 2,500.00 2,500.00 5,000.00 5,000.00 3,324.00 3,324.00
8,520.00 8,520.00 7,500.00 7,500.00 5,000.00 5,000.00 11,000.00 111000.00
0.38 14,744.00 0.35 13,580.00 0.18 6,984.00 0.30 11,640.00
103.00 124,630.00 4. 113,740.00 93.00 112,530.00 102.00 123,420.00
7.05 24,675.00 10.00 35,000.00 $5.50 $19,250.00 4.88 17,080.00
11,065.00 $11,065.00 $10,000.00 $10,000.00 514,800.00 $14,900M $6,600.00 $6,600.00
6,698.00 13,396.00 5,000.00 101000. $6,200.00 12, 00 3,300.00 $6,600.00
1,719. 3,438.00 4,500.00 $9,000.00 2,200.00 4,400.00 3,300.00 6,600.00
265.00 3,445.00 350.00 4,550.00 500.00 6,500.00 375.00 $4,875.00
265.00 $4,770.00 320.00 5 7 15 .00 2,700.00 375.00 ,750.
2 5.00 7 --33-2-6.W 5 . 750.00 50.00 1,050.00
583.00 $1,166.00 $600.00 $1,200.00 $575.00 $1,150.00 800.00 $1,600.00
31.80 127.20 20.00 80.00 25.00 $100.00 $15.00 $60.66
265.00 795.00 700.00 2,1 . 800. 2 400.00 800.00 2,400.00
1.00 .00 1.00 1.00 1.00 1.00 $1.00 - 1AO
4,800.00 4,800.00 3,500.00 3 500.00 10,000.00 10,000.00 7,000.00 7,000.00
$226,591.20 $227,971.00 $230,000.00 $234,000.00
$226,591.20 $227 971.00 $230,000.00
$234,000.00
Rubberized Crack Filler Sealant,Inc. PCI
800 E Walnut Ave PO Box 16118
Fullerton,CA 92831 long beach,CA 90806
License No:484758 License No:823802 C-32,D-42
Crack Seal Striping
Southmark Taft Electric Seat#2
PO Box 7600 1694 Eastman Ave
Visalia,CA Ventura,CA 93003
License No:877657 License No:772245 A,B,C-10
Grinding Electrical
Super Seal&Stripe
PO Box 755
Fillmore,CA 93016-0755
License No:396627
Striping
Taft Electric Seat#2
1694 Eastman Ave
Ventura,CA 93003
License No:772245 'D D
Traffic Loops (Q
(D 3Western Oil Spreading Services,Inc. N
736 Mission Rock Road 3
Santa Paula,CA 93060
License No:625519
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Oil Spreading
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Silvia Construction,Inc. Granite Construction NYE&NELSON INC. J&H Engineering
9007 Center Avenue 999 Mission Rock Road 1860 EASTMAN AVE#108 4022 Camino Rancho
Rancho Cucamonga, CA 91730 Santa Paula, CA 93021 Ventura, CA 93003 Unit B
US US US Camarillo, CA 93012
Bidder Status:Valid Bidder Status:Valid Bidder Status:Valid US
Bidder Status:Valid
Unit Price item Total Unit Price Item Total Unit Price Item Total Unit Price
25,800.00 $25,800.00 $4,950.00 $4,950M $31,322.50 31,322.50 11,500.00
3,300.00 $3,300.00 250.00 $25O.6U $2,750.00 2,750.00 $7,500.00
7,800.00 7,800.00 6,500.00 6,500.00 7,150.00 7150.00 8,625.00
0.24 9,312.00 0.35 13,580.00 0.23 8,924.00 0.28
98.00 118,580. 115.00 139,150.00 $108.35 $131,103.50 121.50
$7.20 $2S,2W.W 50 29,75 .00 .60 $26,600.00 5.05
13,922.00 13,922.00 12,000.00 12,000.00 $11,990.00 $11,990.00 $13,650.00
6,700.00 13,400.00 7,500.00 $15,000.00 5,995.00 11,990.00 7,873.00
6 S,2 .00 2,500.00 551ODO.00 $2,530.00 6,200.00
313.00 4,069.00 5400.00 $5,2K65 401.50 5,219.50 350.00
287.00 5,166.00 300.00 $5,iWFOO 396.00 7,128.00 350.00
287.00 861.00 400.00 1,200.00 368.50 $1,105.50 350.00
575.00 $111SO.00 $600.00 $1,200.00 605.00 $1,210.00 630.00
10.50 42.00 15.00 .00 36.30 $145.20 $55.00
728.00 $2,194.00 600.00 1,800.00 302.50 907.50 500.00
1.00 1.00 1.00 1.00 $1.00 $1.00
4,655.00 4, 55.00 1500.00 4,500.00 4 015.00 4 015.00 5,175.00
$240,722.00 $245,541.00 256,621.70
$240,722.00 J $245,541.001 $256,621.70
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Berry General En ineering Contractors,Inc.
P O Box 1457
Ventura, CA 93002
us
Bidder Status:Valid
Rem Total unit Pr/ce Rem Total
11,500.00 15,335.00 15,335.00
7,500.00 67—
320.56 $16,310.00
8,625.00 8,760.00 8,760.00
$10,864.00 $0.34 $13,192.00
5147,01S.00 111.35 1 4,73 .50
17,675.00 56.75 $23,625.00
13,650.00 19,430.00 19,430.
15,746.00 $10,345.00 �Psso.00 12,40000 3,450.00 455000 35000
6,300.00 5 . $6,300.00
11050.00 $345.00 $1,035.00
1,260.00 $575.00 1,150.00
220.00 1 .00 $64.00
$1,500.00; $625.00 1875.00
1.00 1.00 1.00
5,175.00 7140.00 7,140.00
$265,031.00 271,100.50
L$26S,031.001 $271,100.50
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Attachment 2
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
SUPERIOR PAVING COMPANY, INC. DBA UNITED PAVING COMPANY, FOR
ALDERBROOK STREET ASPHALT OVERLAY
SPECIFICATION NO. MPK 12-02
THIS AGREEMENT is made and effective as of the day of ,
2012, between the City of Moorpark, a municipal Corporation ("City") and Superior
Paving Company, Inc. dba United Paving Company, 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; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated July 10, 2012,
which is attached hereto as Exhibit B; and.
WHEREAS, the City Council of the City of Moorpark at a meeting held on the 18th
day of July, 2012 authorized the City Manager to enter into this Agreement after public
bidding in accordance with California Public Code Section 20160, et seq.
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 Exhibit B, unless this
Agreement is terminated or suspended pursuant to Article 6 herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services, as set forth in Exhibit B: Contractor's Proposal, dated July 10, 2012, which
exhibit is attached hereto and incorporated herein by this reference as though set forth
in full and hereinafter referred to as the "Proposal." 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 Exhibit B, attached
hereto and incorporated herein by this reference as though set forth in full.
Superior Paving Company, Inc. dba United Paving Company
336
Compensation for the services to be performed by Contractor shall be in
accordance with in Exhibit B, attached hereto and incorporated herein by this reference
as though set forth in full. Compensation shall not exceed the rates or total contract
value ($214,831.00) as stated in Exhibit B, attached hereto and incorporated herein by
this reference as though set forth in full, without the written authorization of the City
Manager of the City of Moorpark. Payment by City to Contractor shall be in accordance
with the provisions of Article 5, of this Agreement.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her 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. CITY 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 Superior Paving Company, Inc. dba United Paving
Company, 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 Dave Klotzle, City
Engineer/ Public Works Director or his designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, 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 two-hundred thousand, eight-
hundred, thirty-one dollars and zero cents ($214,831.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
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 by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
Contractor will 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
Superior Paving Company, Inc. dba United Paving Company
337
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 (30)
days of receipt of any disputed fees set forth on the invoice.
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 or suspension, Contractor shall be compensated for such services up to the
date of termination or suspension. Such compensation for work in progress shall be
prorated as to the percentage of progress completed at the date of termination or
suspension.
In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Contractor will submit an invoice to the City
pursuant to Article 5 herein.
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 his/her delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall
cause to be served upon the Contractor a written notice of the default. The Contractor
shall have thirty (30) 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.
Superior Paving Company, Inc. dba United Paving Company
338
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by Article 2 herein or as duly extended in writing by the City Manager,
he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of
five hundred dollars ($500.00) 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 contract. [Govt C. 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 there from 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.
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.
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
Superior Paving Company, Inc. dba United Paving Company
339
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 subcontractor;
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 Sub-sections 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.
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
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
Superior Paving Company, Inc. dba United Paving Company
340
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
Indemnities 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
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.
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13. LEGAL RESPONSIBILITIES
The 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. 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
Sec. 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 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
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person having such interest as an officer, employee, agent, or Sub-Contractor.
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 Sub-Contractors 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 of Moorpark and for a
one-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, CA 93021
(805) 517-6200
To: Sabas Trujillo, President
Superior Paving Company, Inc. dba United Paving Company
14660 Industry Circle
La Mirada, CA 90638
714-739-2200
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 of Moorpark in order that proper steps
may be taken to have the change reflected in the Contract Documents.
20. ASSIGNMENT
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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.
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. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. 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.
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26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Manager.
28. 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
liquidates damages of five hundred dollars ($500.00) per day 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 Code Section 53069.85 and that each party hereto is familiar with and
understands the obligations of said Section of the Government Code.
29. 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.
30. 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.
31. 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
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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 CONTRACTOR NAME
By: By:
Steven Kueny, City Manager Sabas Trujillo, President
Date: Date:
Attest:
Maureen Benson, City Clerk
Date:
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EXHIBIT A
Insurance
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 $5,000,000 per occurrence for all covered losses and no less than $5,000,000
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.
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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
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. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
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 but in no event less
than $1,000,000 per occurrence and aggregate.
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 prior to 1992.
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
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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 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, at the option of City,
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 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 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.
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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 that 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
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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.
16. 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.
17. 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
clarification only as it pertains to a given issue, and is not intended by any
party or insured to be all-inclusive.
18. 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.
19. 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.
20. 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.
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