Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGENDA REPORT 2009 1007 CC REG ITEM 09B
ITEM 9.13. CITY OF MOORPARK,CALIFORNIA City Council Meeting of /6-01-9001 ACTION: MOORPARK CITY COUNCIL - asig AGENDA REPORT BY: TO: Honorable City Council FROM: Yugal K. Lail, City Engineer/Public Works Director Prepared by: Dave Klotzle, Assistant City Engineer DATE: September 23, 2009 (CC Meeting of 10/07/09) SUBJECT: Consider Award of Contract for the 2009 Pavement Rehabilitation — Project 8002 and a Resolution Amending the Fiscal Year 2009/10 Budget to Revise the Budget and Funding Sources for the Project BACKGROUND One element of the City's pavement maintenance program is the periodic application of a protective slurry seal to the pavement surface of all of the streets in the City. The program objective is to maintain a bi-annual program (construct a project every other year) in which each project addresses approximately one-third of the residential streets in the City. In this way, every residential street in the City should be slurry sealed once every six (6) years. The last pavement maintenance program was constructed in Spring 2007. On July 15, 2009, the City Council approved the plans and specifications for the 2009 Pavement Rehabilitation Project, and authorized staff to advertise for construction bids. DISCUSSION A. Scope of Work The proposed project will include two types of pavement rehabilitation: a) Type II Slurry for some streets, and b) an Asphalt Rubber Aggregate Membrane (ARAM) surface for others. Prior to the application of slurry seal and ARAM, all pavement cracks 1/8th-inch and wider will be sealed. The slurry seal portion of the project will include the application of Type II Slurry and the re-striping of all affected SAPublic Works\Everyone\Reports\Staff Reports\2009\0dober\2009 Pavement Rehabilitation Award.doc 91 Honorable City Council October 7, 2009 Page 2 The ARAM pavement surface is a type of a cape seal requiring three steps: A) the application of an asphalt-rubber binder which is sprayed onto the existing pavement, followed immediately by B) the spreading of a pre-coated rubber/gravel aggregate which is then "rubber-tire" rolled and embedded into the asphalt-rubber binder, followed seven days later by C) a Type II Slurry Seal. The asphalt-rubber binder includes material from recycled tires. An ARAM pavement surface is typically used to improve deteriorated pavement at a lower cost than the traditional asphalt overlay or pavement reconstruction. Manhole and water valve covers will be adjusted to the new pavement surface as required. Staff is finalizing an agreement between the City and Ventura County Waterworks District No 1. (District) which provides that the District will reimburse the City for the costs to adjust District sewer manholes and water valve covers. The parking lots at three of the City's parks (Peach Hill, Mountain Meadows and Tierra Rejada) will also be slurry sealed as a part of this project. The streets and parking lots included in the 2009 Pavement Rehabilitation Project are shown on the maps (Attachment 1), and listed in the charts (Attachment 2). B. Bid Results and Analysis Eight construction firms purchased the plans and specifications. Of that number, two bids were received and opened on August 25, 2009. The low bidder is Manhole Adjusting Contractors, Inc., of Pico Rivera, California. The low bidder possesses the necessary qualifications and experience to perform the work and additionally, is a responsive and responsible bidder. The project has been broken into three bid schedules to provide flexibility in awarding a contract. Schedule A includes the streets shown on the attached maps located south of Campus Park Drive. Schedule B includes those streets located north of Campus Park Drive. Schedule C includes the three park parking lots described above. All three bid schedules or any combination of schedules could be awarded to one contractor depending on the actual bid prices received. A summary of the bid results showing a total for each schedule and the total bid amount for each bidder is listed as follows: SAPublic Works\EveryoneReports\Staff ReportsN2009\0ctober12009 Pavement Rehabilitation Award.doc 92 Honorable City Council October 7, 2009 Page 3 SUMMARY OF BID RESULTS Bidder No. 1 Bidder No. 2 Manhole Adjusting Contractors, Inc. International Surfacing Systems Schedule A $803,811.00 $945,225.00 Schedule B $398,800.00 $434,455.00 Schedule C $29,540.00 $38,700.00 Total Bid $1,232,151.00 $1,418,380.00 The detailed analysis of bids is attached (Attachment 3). The Engineer's estimate is $1,159,456.00. C. Project Schedule The anticipated project schedule is as follows: Award of Construction Contract 10/07/2009 Notice to Proceed 10/19/2009 Project Completion 12/18/2009 D. Project Administration and Inspection Project administration will be performed by City staff with construction inspection to be provided by a consultant to be selected prior to the start of construction. Staff has solicited proposals from several inspection consultants and will select the most qualified firm to provide the inspection services. The City Manager will award a consultant agreement for these services at an estimated amount not to exceed $50,000.00. 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, (Attachment 4). FISCAL IMPACT 1. Project Cost Estimate The total construction bid for all three schedules is $1,232,151.00 which is higher than the available budget of $1,030,548.00. Therefore, staff recommends 1) awarding a contract for Schedules A and C only at the total construction bid of $833,351.00; and 2) authorizing the City Manager to increase the contract by up to $200,000.00 for project contingencies and to add a number of streets from SAPublic Works\EveryonekReportslStaff Reports1200910ctober12009 Pavement Rehabilitation Award.doc 93 Honorable City Council October 7, 2009 Page 4 Schedule B to fully utilize the available budget and maximize the number of streets resurfaced under this project. A pending agreement between the City and Ventura County Waterworks District No. 1 (District) provides that the District will reimburse the City for the actual costs to adjust District sewer manholes and water valve covers. The reimbursement from the District is estimated to be approximately $50,000.00. The total project cost estimate is as follows: Description Estimated Cost Design (in-house) $ - Construction Bid Amount (Schedules A & C) $ 833,351.00 Additional Streets(Schedule B) $ 147,197.00 Contingency $ 50,000.00 Waterworks District Reimbursement $ (50,000.00) Construction Total $ 980,548.00 Inspection $ 50,000.00 Project Total $ 1,030,548.00 2. Funding Sources Recycled Tire Grant: Staff applied for and received a $101,100.00 grant from the California Integrated Waste Management Board (CIWMB) for the use of recycled tires in a rubberized asphalt rehabilitation project. CIWMB will reimburse the City $1.00 for each square yard of pavement rehabilitated with the ARAM process. The expected reimbursement from CIWMB is $101,000.00. Proposition 1 B — Local Streets and Roads: The City has received the first round (FY 2007/08) of Proposition 1 B — Local Streets and Roads Transportation Bond funds in the amount of $581,448.00. The total amount of this first disbursement will be used on this project. Further disbursement of Proposition 1B funds is expected, however the State has indicated that disbursements will be delayed due to the recent State budget crisis. Other Funds: A combination of Fund 2610 — Proposition 42, Traffic Congestion Relief and Fund 2400 — Park Maintenance Fund will be used to complete this project. There is currently $315,000.00 in Fund 2610 — Proposition 42, Traffic Congestion Relief available for use on this project. The Park Maintenance Fund has sufficient funds for the park parking lot improvements at an anticipated cost of $33,000.00 which includes the bid amount plus a 10% contingency for unforeseen extra work. SAPublic Works\Everyone\Reports\,Staff Reports12009\October12009 Pavement Rehabilitation Award.doc 94 Honorable City Council October 7, 2009 Page 5 The Park Maintenance Fund has a balance of about $135,000.00 as of June 30, 2009. This fund balance is the result of a transfer of General Fund monies as approved in the adopted FY 2008/09 budget, but not needed because of expenditure savings. It has always been the intent that any annual transfer of General Fund monies only be the actual amount needed to supplement the park maintenance assessments not the full amount budgeted. It is recommended that $33,000.00 be used for the referenced park parking lots with the remaining estimated $102,000.00 returned to the General Fund in a separate.action to be presented to the Council in the future. 3. Budget Amendment The Fiscal Year 2009/10 Capital Improvements Budget adopted by the City Council includes $682,548.00 for the construction of this project. The attached Resolution (Attachment 5) amending the budget to allocate additional available funds is summarized below. Current Proposed FY 09/10 Proposed FY 09/10 Fund Budget ($) Chan a ($) Budget ($) Construction 2609-CIWMB Recycled Tire Grant 101,100.00 101,100.00 2610 - Prop 42 -Traffic Congest. Relief 0.00 315,000.00 315,000.00 2611 - Prop 1 B - Streets & Roads 581,448.00 (50,000.00) 531,448.00 2400 - Park Maintenance Fund 0.00 33,000.00 33,000.00 Construction Subtotal 682,548.00 298,000.00 980,548.00 Inspection 2611 - Prop 1 B - Streets & Roads 50,000.00 50,000.00 TOTAL 682,548.00 348,000.00 1,030,548.60— STAFF RECOMMENDATIONS (ROLL CALL VOTE) 1. Award a construction contract to Manhole Adjusting Contractors, Inc., and authorize the City Manager to execute the construction contract in the amount of $833,351.00 for the subject project; and 2. Authorize the City Manager to amend the construction contract for additional streets to be resurfaced and for project contingencies in an amount not to exceed $200,000.00 if and when the need arises for extra work and services; and 3. Authorize the City Manager to award a consultant agreement for construction inspection services in an amount not to exceed $50,000.00; and SAPublic Works\Everyone\Reports\Staff Reports\2009\October\2009 Pavement Rehabilitation Award.doc 95 Honorable City Council October 7, 2009 Page 6 4. Authorize the City Manager to sign the negotiated agreement with Ventura County Waterworks District No. 1 for adjustment of surface facilities, subject to final language approval by the City Manager and the City Attorney; and 5. Adopt Resolution No. 2009 - amending the FY 2009/10 budget. Attachments: 1 — Pavement Rehabilitation Location Maps 2 — List of Streets 3 — Bid Analysis 4— Notice of Exemption 5— Draft Resolution No. 2009 - 6— Contract SAPublic Works\Everyone\Reports\Staff Reports\2009\October\2009 Pavement Rehabilitation Award.doc 96 MPK 08-02 -- 2009 Pavement Rehabilitation Project Location Map t � 118 Fwy. ' NTS ........��-�^^��A� s I a i ....... an ar t os n s we -S i City of Moorpark a An° o n Tierra!Read MPK 08-02 -- 2009 Pavement Rehabilitation Project IL , f. �' rf SHEET A-1 --; y _ r�r f- I�� r � "t j1? SHEET B-1 , i L �C _ .,r SHEET C-1 'K .t' r't 1p_ Lark Drive L.1 I - -.11> !i._i_ i { ILIS ,. �'�4' _i r T E SHEET A-2 ' t SHEET B-2 <'_ - 1 SHEET C-2 r-fir . - . fi , ( ti I 118 FREEWAY f _ a NTS INDEX MAP 1 Thomas Guide 476-G6,H6,J6 98 MPK 08-02 -- 2009 Pavement Rehabilitation Project , n SHEET D-1 i- Moorpark Community 7. College C { — �, € 7 B�IIIQlQC1f�_DC 77 � 3 F x SHEET F-1 j il;o + p= SS } ti Campus : Park Drove College ,mr view Q SrtIVBie A4. Paris Cyf $ < FF l";•S _ fry : . ; t s :7 t � - �-.. r ; g 1 f ref 1 f _ , 118 FREEWAY t r' x -- Ar r oyo _ •t,.w _JV_ S • INDEX MAP 2 Thomas Guide 477-A6 99 MPK 08-02 -- 2009 Pavement Rehabilitation Project # _ 14495 63') ` 0'x1') o. _...... 0 3 � -3 1 E 3 3 v `.��Cambridge)St 2 ? C L ' 1 1E S � 2 ' 2 r NTS 4 y , E.Baylgr 3 Z 5t .cC. 3 O i N C C3 .5 tN- 3 <# 2 O a4e St 3 5 J 2) Q .. t 3 3 - F M oro 3 , W 2 O r, - i I 5 2T See Sheet A-2 3 N.Columbia Ave. Slurry Seal LEGEND ARAM Only ® Sewer Cleanout ® Std Pin A20A Detail 21 17� 10 Stop Bar& Legend 5❑ Valve Lid ❑9 Std Pin A24E"X-Walk" 20 Blue RPM (Hydrant Marker) © Curb&Gutter R & R QO Std Pin A20D Detail 38A ❑3 Manhole Lid ❑7 Asphalt R &R 11 Survey Monument Sheet A-1 100 MPK 08-02 -- 2009 Pavement Rehabilitation Project See Sheet A-1 - - i E. Loyola St. 0 93 (3 . Oa' 7 (16'x6') ; f 2 (2) 5 5 5 3 r 2 (18' 6 5 4 F 3 et �� 2 N 9 p �p CD 5 2} 3 2 = y< 2 CD 'Z N 3 1 W pp _ 6 1�°) '. St (2 3 i ,2 (2) .' N hett.. (3 5 .: N. 7 (46'x8') he 7 (10'x6') 52 6 2 (2 1 5 (3 rSt St_ 5 1 1 � 3 1. 5 O ; 1 1 1 2 G 5 2 xford(2 O _. 5 , ex a t r. ]e- fD 5 2) 3 b 2 i t (1 6 /11 3 6421 3 J N --- z 5 2 T$ i 2 3 , 2 E We - -- St 7 (47' 6 3 C t 3 _.... ' D 6425 M ' ` `' ,. 118 FREEWAY Slurry Seal LEGEND ARAM Only ® Sewer Cleanout ® Std Pin A20A Detail 21 �ft' ',I Q Stop Bar& Legend 5❑ Valve Lid Q Std Pin A24E"X-Walk" ] Blue RPM (Hydrant Marker) © Curb&Gutter R&R Q Std Pin A20D Detail 38A ❑3 Manhole Lid ❑ Asphalt R &R 11 Survey Monument Sheet A-2 101 MPK 08-02 -- 2009 Pavement Rehabilitation Project 3) 2 .. 3 ' t. 5 3 5 (3) (6 3 ') 3 (4) 5 1 r u e , 3 2 4 3 ) 5 1 2 M n St 3 a (12'x45') 7 V 1 V• 2 ++� NTS 1 3 3 5 5 2 3 3 3 5 J� 2 3 r 3 J 3 2 N N N (2) 3 4 ) 3 1 b 4) 11 G� 2 (3) 1 C% 1 0- 4s 3 5(3) 3 �. i,FO�• 0 eed` . See Sheet B-2 3 5 Slurry Seal LEGEND ARAM Only ® Sewer Cleanout ® Std Pin A20A Detail 21 t❑ Stop Bar&Legend 5❑ Valve Lid Q Std Pin A24E"X-Walk" 2❑ Blue RPM (Hydrant Marker) 60 Curb&Gutter R &R Q Std Pin A20D Detail 38A ❑ 3 Manhole Lid ❑7 Asphalt R&R 11 Survey Monument Sheet B-1 102 MPK 08-02 -- 2009 Pavement Rehabilitation Project See Fleet B 1 � a c (5) s <D , i` ' 2 to -.. /� \Y r (2) 5 , 2 D - ; `. 5 N Ak as (113' 8 __ 5 c2) DR NT S �� y . . 4 •I 3 r E• { 0 y 2 A`. ww ... s.• .. 4 j _ „• i 2 .. 2 +., 14716 3.14724 _ d 3 2 5 2 tn Z S 1" ;C 5. ` 2 5 �D CIO i Q _ 3 6453 3 � 0 .. e� s,-(t 4a ' • C t 0 m n _ Z n a fE 2 3 (4) � -- 11 5 55 2 (2) 5 1 ,AA (160' 8 3 5 s 3 5 2 Hartford St 3 2 118 FREEWAY Slurry Seal LEGEND ARAM Only ® Sewer Cleanout ® Std Pin A20A Detail 21 Q Stop Bar& Legend 0 Valve Lid Q Std Pin A24E"X-Walk" 20 Blue RPM (Hydrant Marker) © Curb&Gutter R & R Q Std Pin A20D Detail 38A ❑3 Manhole Lid Q Asphalt R & R Survey Monument Sheet B-2 103 F1 ©�.�:•. El a' 'e<^Dsi�i�i�i�i�0i►sO�i�*i�i�i�'0ii's�i> y F � f.' F1 El , JAL ARAM Slurry Seal a LEGEND Only •ut Stcl Pin A20A • • Bar& Legend © Valve Lid Q Std Pin A24E"X-Walk" © • • &Gutter R &R Std Pin A20D ® Manhole Lid • E] Survey Monument MPK 08-02 -- 2009 Pavement Rehabilitation Project st :: See Sheet C-1 Reedley _ : # 7 f 1 PARK , _ , Y CAMPUS DR. 14773 14785 14793! 14819:'14827' ------- S 39`� 1�83 - SOnfard 0 St 5 3 _ 6 20') 2 3 6 21') ._.. - _ 3 3 : 4 2 , 5 (6'x15')' 6582 6 21') ' 3 _ 2 Cl) 3 ' N c .._._. 3 r � F <D 2 __.. 5 � s a t t � { 3 r _ is _ --- - 3_.. i -_ : ca f t 2! r Z r ; 6 49') t - : 6412 1 (30.5' 6416 2 { s 5 3 2 Hartford St. ' t : NTS 118 FREEWAY ME ARAM M Slurry Seal LEGEND Only ® Sewer Cleanout ® Std Pin A20A Detail 21 Q Stop Bar& Legend 50 Valve Lid ❑9 Std Pin A24E"X-Walk" 20 Blue RPM (Hydrant Marker) © Curb&Gutter R&R Q Std Pin A20D Detail 38A Q3 Manhole Lid ❑7 Asphalt R &R 11 Survey Monument Sheet C-2 105 i+i°sue ♦+r+♦•,fir *v MR © ♦+•++ "1 m +♦+,++ Ila Slurry Seal LEGEND ARAM Only ►A Detail 21 Stop Bar& Legend Valve Lid Std Pin A24E"X-Walk" 0 © 0 Curb&Gutter R&R Std Pin A20D Detail © Manhole Lid Asphalt R &R Survey Monument 1 . MPK 08-02 -- 2009 Pavement Rehabilitation Project Moorpark SEE STRIPING FOR Community FOR COLLEGE VIEW AVE. College ON SHEET F- 1A I —_ Campus Park r--1 Drive (40' s 15431 2 7 (1;5'x10) ' w 2 ) F t. r 1 m 3 ,N i 2 � College View _ 3 Kemal 5 2) 1 ' 4 Park Av e. 3 , 3 ( ) 7 12'40') l 3 DKacena 5 2 5 33 3 Ave: ( l �. 5 ��► ' m c ! ° AGO 3 3 - : m O •- _ 2 2 O 1 2 � 5• 3 5 1 6407 6408 3 (2) $ 6 27') 118 FREEWAY NTS .__. ARAM mSiurrySeal LEGEND Only ® Sewer Cleanout ® Std Pin A20A Detail 21 Q Stop Bar&Legend 5❑ Valve Lid ❑ Std Pin A24E"X-Walk" 20 Blue RPM (Hydrant Marker) © Curb&Gutter R &R ©o Std Pin A20D Detail 38A ❑3 Manhole Lid Asphalt R&R 11 Survey Monument Sheet F-1 107 MPK 08-02 -- 2009 Pavement Rehabilitation Project Moorpark Community College Campus Park Drive Std Pin A24A,Type IV, 9 o sroR (L)(R)Arrow E2 10'x20' Parking Stalls 1 (Legend Only) 4"White Lines 8 1® 10'x20'ADA Access, 10.51x20'Parking Stall, & Legend (Blue Paint) 1 - Re 1 (15) r College view 1 (2) Park • � w 7 c .m , •3� �O y t s' NTS 118 Freeway ARAM Slurry Seal LEGEND Only ® Sewer Cleanout ® Std Pin A20A Detail 21 Q Stop Bar& Legend 50 Valve Lid Q Std Pin A24E "X-Walk" 20 Blue RPM (Hydrant Marker) © Curb&Gutter R &R ©0 Std Pin A20D Detail 38A Q Manhole Lid FZ Asphalt R & R 11 Survey Monument Sheet F-1 A 108 • • • � �v�.r m� ,�` a ,, ',M_ ,�' I'-, S' � � P fix. j. � ��ll W�`��5�q,v � p. ; m V!!Y� '�. 14Y�YiiYl � „ is "q. pA dfl; � ap y_E a°i a n ,` "'� sp _ '�F4 � -PY / � �rig � tl� ���_ � a''K� x A ��� r ! B g"t r ,� a. �i �„—■ �@ .g�:gr. i gr � °�_� � � 8W M� // ,p �4 �3 d qp `$. �� ,,r6 :: a�a � a;m �� ��� �II � �,d A,� "'� I II � f� �ll�l� �. m _ �,a � �. r � ,� r � • � �.." a • _. �; �. .v�.�� � a.�.�� � " ,.x, m ., � � ?��. �. < . � Rs�. r m _. ■ ,: , ._ r E. �- -�€° #{ ?� ;� A. m �" "�. p' s • / • • �� • • • 2009 Pavement Rehabilitation Project MPK 08-02 Schedule A List of Streets Pavement Quantities Striping, Manholes&Valves z Y a:O U Ch y 0 O M Q6 05 C, N N N -G I--' C- d C p O C 2 N .D � Q f6 f` J E E C J T �" O C y M �p 7 M 06 U Street From To �- < cn o o v SIF W t g U) J L) 3 < 2 m U cc E.Amherst St, E.Westwood St. Princeton Ave. A-2 T X 1,059 40 0 42,360 4,707 4 0 0 0 4 9 3 60 E.Amherst St. Princeton Ave. N.Amherst St. B-2 T X 113 40 0 4,520 502 1 0 0 0 0 0 1 N.Amherst St. Hartford St. E.Stanford St. B-2 T X 739 36 0 26,604 2,956 0 273 0 0 3 4 2 15 15 N.Auburn Cir. E.Purdue St. End(N) A-1 T X 525 32 77 21,454 2,384 0 0 0 0 2 3 2 N.Auburn Cir. E.Loyola St. E.Purdue St. A-1 T X 277 36 0 9,972 1,108 1 0 0 0 1 0 0 E.Baylor St. N.Tulane Ave. End(W) A-1 T X 102 32 77 7,918 880 0 0 0 0 1 0 1 Beragan St. Campus Pk.Dr. Kernvale Ave. D-2 M X 142 40 0 5,680 4.4 -- 1 40 0 0 0 1 1 N.Berkeley Cir. E.Westwood St. E.Amherst St. A-2 T X 504 36 0 18,144 -- 2,016 2 0 0 0 1 1 1 N.Berkeley Cir. E.Amherst St. End(N) A-2 T X 389 32 77 17,102 1,900 1 0 0 0 2 2 2 E.Cambridge St. Campus Pk.Dr. N.Westwood St. A-1 T X 799 36 0 28,764 -- 3,196 1 0 0 0 6 4 3 25 25 College View Ave. Campus Pk.Dr. End(S) D-2 M X 609 64 0 38,976 30.0 -- 2 450 1 2 3 0 0 N.Columbia Ave. E.Amherst St. E.Loyola St. A-2 T X 502 36 0 18,072 -- 2 0 0 0 2 1 2 Cornell Cir, Hartford St. End(N) B-2 T X 275 32 77 13,454 10.4 0 0 0 0 1 2 2 N.Creighton Cir. Hartford St. End(N) B-2 T X 234 32 77 12,142 9.3 0 0 0 0 1 2 3 E.Dartmouth Cir. E.Westwood St. End(E) A-2 T X 127 32 77 8,718 -- 969 0 0 0 0 1 2 2 60 Delfen St. Campus Pk.Dr. Kernvale Ave. D-2 M X 110 40 0 4,400 -- 489 1 0 1 0 0 0 0 Dracena Ave. Overly St. Melray St. D-2 M X 779 36 0 28,044 -- 3,116 0 0 0 0 2 3 2 Duke St. E.Stanford St. End(S) C-2 T X 669 32 0 21,408 16.5 -- 0 0 0 0 2 3 1 55 55 Grandsen Ct. Dracena Ave. End(S) D-2 M X 204 36 77 11,998 -- 1,333 0 0 0 0 1 0 1 Hartford St. N.Amherst St. N.Harvard St. B/C-2 T X 1,255 40 0 50,200 5,578 0 0 0 0 5 9 3 N.Harvard St. E.Stanford St. Hartford St. C-2 T X 626 40 0 25,040 2,782 0 0 0 0 1 2 2 Kernvale Ave. Overly St. Melray St. D-2 M X 700 36 0 25,200 2,800 0 0 0 0 3 3 2 150 Kernvale Ave. Melray St. Beragan St. 0-2 M X 200 36 0 7,200 5.5 -- 0 0 0 0 3 3 0 150 Linville Ct. Dracena Ave. End(S) D-2 M X 187 36 77 11,386 -- 1,265 0 0 0 0 1 2 2 E.Loyola St. Campus Pk.Dr. Open Channel A-1 T X 1,343 40 0 53,720 5,969 3 0 0 0 7 9 4 Melray St. Kernvale Ave. End(S) D-2 M X 479 36 77 21,898 2,433 0 0 0 0 2 7 1 30 30 Oxford Cir. N.Berkeley Cir. End(W) A-2 T X 195 32 77 10,894 1,210 0 0 0 0 1 2 1 Overly St. Kernvale Ave. End(S) D-2 M X 367 36 77 17,866 1,985 0 0 0 0 2 5 1 600 N.Pepperdine Cir. Hartford St. End(N) B-2 T X 227 32 77 11,918 9.2 0 0 0 0 1 2 2 n E.Purdue St. E.Westwood St. N.Auburn Cir. A-1 T X 855 36 0 30,780 -- 3,420 1 0 0 0 3 4 2 Rand St. E.Stanford St. End(S) C-2 T X 663 32 0 21,216 16.3 0 0 0 0 2 3 2 E.Rutger Cir. E.Westwood St. End(E) A-2 T X 332 32 77 15,278 -- 1,698 0 0 0 0 1 3 2 S E.Stanford St. N.Amherst St. Penn St. B/C-2 T I X 1 1,952 36 0 70,272 7,808 1 1 0 0 0 7 15 6 175 265 A F- F-A CD Page 1 of 2 N 2009 Pavement Rehabilitation Project MPK 08-02 Schedule A List of Streets Pavement Quantities Striping, Manholes&Valves 5 CO Z p V1 - C Y W 2 C � C1 � y N CO N 'O J 3 O y `'6 o t j C v F a a � c c o d -2 cc D Street From To M ai o o L) SF w E a 2 � � � 2 1° CO 0 M � N.Tulane Ave. E.Cambridge St. E.Purdue St. A-1 T X 633 36 0 22,788 -- 2,532 2 0 0 0 2 3 1 1 N.Vassar Cir. Hartford St. End(N) C-2 T X 253 32 77 12,750 9.8 -- 0 0 0 0 1 2 2 50 50 E.Westwood St. E.Loyola St. N.Yale St. A-1&2 T X 2,050 40 0 82,000 -- 9,111 3 0 0 0 10 10 3 100 100 N.Westwood St. E.Cambridge St. E.Purdue St. A-2 T X 483 36 0 17,388 1,932 0 0 0 0 1 1 1 N.Yale Ave. E.Amherst St. E.Westwood St. A-2 T X 494 40 0 19,760 2,196 1 0 0 0 2 1 2 15 15 Total 867,288 111 78,275 27 763 2 2 88 123 68 465 1,575 SF ELT SY EA LF EA EA EA EA EA LF SF F-' ~ N Page 2 of 2 2009 Pavement Rehabilitation Project MPK 08-02 Schedule B List of Streets Pavement Quantities Striping, Manholes&Valves Z fU CO p (n CO C Y O C7 a. O) N N y N CO C J 3 y O (n Q D. y d N -p I— O. O. C C p C > N { Street From To CO I,` < U) o o ci SF W � C g W -A � 3 CO > m 0 � Chapman PI. Reedley St. End(N) C-1 Th X 530 32 77 21,614 2,402 1 0 0 0 1 4 2 Julliard Ave. Loyola St. Campus Park Dr. B-2 Th X 580 36 0 20,880 2,320 4 0 0 0 3 6 2 Loyola PI. Loyola St. End(S) B-1 Th X 90 32 77 7,534 _ 837 0 0 0 0 1 1 0 Loyola St. Campus Pk.Dr. Marquette St. B-1 Th X 1,970 40 77 83,454 9,273 3 0 0 0 13 20 5 Luther Cir. Marymount St. End(S) B-1 Th X 255 32 77 12,814 1,424 1 0 0 0 2 1 1 Marquette Cir. Marquette St. End(N) C-1 Th X 50 32 100 9,450 1,050 0 0 0 0 1 0 0 Marquette St. Loyola St. Marquette Cir. C-1 Th X 645 40 0 25,800 2,867 0 0 0 0 4 1 1 Marquette St. Marquette Cir. Campus Park Dr. C-1 Th X 2,540 40 0 101,600 78.2 1 0 0 0 16 19 7 Marymount St. Marquette St. End(W) B-1 Th X 870 40 77 39,454 4,384 0 0 0 0 4 12 2 200 Queens Ct. Marymount St. End(S) B-1 Th X 250 32 77 12,654 1,406 0 0 0 0 1 1 0 550 Reedley St. Julliard Ave. Marquette St. C-1 Th X 1,900 36 0 68,400 7,600 2 0 0 0 5 17 6 Reedley St. Julliard Ave. End(W) B-2 Th X 154 32 77 9,582 1,065 1 0 0 0 0 2 1 Trojan Ct. Loyola St. End(N) B-1 Th X 340 36 77 16,894 13.0 1 0 0 0 2 0 1 Wheaton Ct. Loyola St. End(S) B-1 Th X 0 100 7,850 872 1 0 0 0 0 1 0 0 Total 437,982 91 35,499 14 0 0 0 54 84 28 0 750 SF ELT SY EA LF EA EA EA EA EA LF SF ~ Page 1 of 1 N 2009 Pavement Rehabilitation Project MPK 08-02 Schedule C List of Parkinq Lots Quantities Striping F a cn N � C V C1 i SF w (✓ ina = a Tierra Rejada Park East Parking Lot 6,900 5.3 14 2 West Parking lot 16,000 12.3 30 3 Mountain Meadows Park 13,600 10.5 35 2 Peach Hill Park South Parking Lot 12,000 9.2 18 1 North Parking lot 14,000 10.8 29 1 Total 62,500 48 126 9 SF ELT EA EA Page 1 of 1 113 2009 Pavement Rehabilitation Owner:City of Moor ark Bid Opening:08/25109 mare an anowance Engineer's Estimate Manhole Adjusting Contractors Inc. International Surfacing Systems 9500 Beverly Rd PO Box 4770 Pico Rivera, CA 90660.2135 Modesto, CA 95352 US Bidder Status:Valid Bidder Status:Valid Bid Schedule A item a 1 Item Code litem Description Quantity UnN of Measure Unit Price item Tour Unit Price Mean Total Unit Price Item Total 1A ITRAFFIC CONTROL 1 LS $15,000.00 $15,000.00 $11,140.00 $11,140. $51;754.00 $51,754.00 2A STORMWATER POLLUTION CONTROL 1 LS $6,000.00 $6,000.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00 3A PAVEMENT SURFACE PREPARATION 1 LS $15,000.00 $15,000.00 $35,650.00 $35,650.00 $39,000.00 $39,000.00 4A CAPE SEAL ARAM 81000 SY $6.50 $526,500.00 $7.40 $599,400.00 $8.34 $675,540.00 5A SLURRY( II 115 ELT $180.00 $20700.00 $230.00 $26,450.00 $407.00 $46,805.00 6A REMOVE&REPLACE 4"ASPHALT 1700 SF $5.00 $8,500.00 $12.60 $21,420.00 $12.05 $20.485.00 7A REMOVE&REPLACE CONCRETE CURB 600 LF $20.00 $12,000.00 $63.00 - $37,800.00 .$60.15 $36,090.00 8A STRIPING AND PAVEMENT MARKERS -1 LS - $20,000.00 $20,000.00 $10,000.00 1 $10,000.001 $8,900.001 1 $8,900.00 9A ADJUST MANHOLE FRAME&COVER 90 EA $350.00 $31,500.00 $300.00 $27,000.00 $310.00 $27,900.00 10A ADJUST VALVE COVER 125 EA $250.00 $31,250.00 $270.00 $33,750.00 $294.00 $36,750.00 11A RELEASE ON CONTRACT 1 LS $1.001 1 $1.00 $1.00 1 $1.012 $1.00 $1.00 Bid List Total $686,451.00 $803,811.00 $945,226.00 Bid Schedule B item s item Code Wm Description Quantity Unit of Measure Unit Price Mem Total Unit Price item Total Unit Price item Total 1B ITRAFFIC CONTROL 1 LS $10,000.00 .$10,000.00 $2,400.00 $2,400.00 $16,570.00 $16,570.00 28 STORMWATER POLLUTION CONTROL 1 LS $5,000.00 $5,000.00 $1,200.00 $1,200.00 $500.00 $500.00 3B PAVEMENT SURFACE PREPARATION 1 LS $10,000.00 $10,000.00 $21,300.00 $21,300.00 $21,700.00 $21,700.00 48 CAPE SEAL ARAM 36000 SY $6.50 $234000.00 $8.10 $291,600.00 $8.20 $295,200.00 5B SLURRY TYPE II 95 ELT $180.00 $17,100.00 $230.00 $21,850.00 $407.00 $38,665.00 68 REMOVE&REPLACE 4"ASPHALT 800 SF $5.00 $4,000.00 $12.95 $10,360.00 $12.35 $9,880.00 00 7B REMOVE&REPLACE CONCRETE CURB 1 LF $20.00 $2,000.00 $70.40 $7,040.00 $67.00 $6,700.00 88 STRIPING AND PAVEMENT MARKERS 1 LS $15,000.00 $15,000.00 $3,600.001 $3,600.00 1 $3,200.00 $3,200.00 98 ADJUST MANHOLE FRAME&COVER 55 EA $350.00 $19,250.00 $300.00 $16,500.00 $310.00 $17,050.00 10B ADJUST VALVE COVER 851 EA $250.001 $21,250.00 $270,001 1 $22,950.00 1 s294.001 $24990.00 Bid List Total $337,600.0 $398,800.00 1 $434455.00 Bid Schedule C items Iftem,Cods Iftem Description Quantity Unit of Measure Unit Price item Total Unit Price Hem Total Unit Price Item Total 1C ITRAFFIC CONTROL 1 LS $2,000.00 $2,000.00 $800.00 $800.00 $2,450.00 $2,450.00 2C STORMWATER POLLUTION CONTROL 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 3C PAVEMENT SURFACE PREPARATION 1 LS $5000.00 $5,000.00 $7,250.00 $7,250.00 $7,400.00 $7,400.00 5C SLURRY TYPE 11 50 ELT $180.00 $9,000. $230.00 $11,500.00 $407.00 $20,350.00 6C REMOVE&REPLACE 4"ASPHALT 200 SF $5.00 $1,000.00 $22.95 $4,590.00 $22.00 $4,400.00 8C STRIPING AND PAVEMENT MARKERS 1 LS $12,000.00 $12.000.00 $4,400.00 $4,400.00 $3,600.00 $3,600.00 Bid List Total 1 $30,000.00 $29,640.00 $38,700.00 Contingency 10% $106,406.101 Total Bid Amount $1,159,456.10 $1,232,151.00 $1,418,380.00 Listed Subs Berry General Engineering Contractors,Inc. Berry General Engineering Contractors,Inc. P 0 Box 1457 - P 0 Box 1457 Ventura,CA 93002 Ventura,CA 93002 License No:400577A License No:400577A 6A,B&C,7A&B A/C Curb&Gutter Calstripe Dial Construction,Inc 375 South"G'St 701 Del Norte Blvd.,Suite 310' San Bernardino,CA 92410 Oxnard,CA 93030 License No:685387A License No:397464A 8A,B&C Iron Raising Pavement Coating Company Rubberized Crack Filler Sealant,Inc. 10240 San Sevaine way 800 E Walnut Ave Mira Loma,CA 91752 Fullerton,CA 92831 - License No:303609A License No:484758 C32 Slurry Seal Crack Seal Rubberized Crack Filler Sealant,Inc. Stemdahl Enterprises 800 E Walnut Ave 11861 Branford St D Fullerton,CA 92831 Sun Valley,CA 91352 License No:484758 C32 License No:421823A 3A,B&C Striping (� Valley Slurry Seal Company 3785 Channel Drive a West Sacramento,CA 95691 CD CD F-� License No:293727A e� F-A Slurry Seal Attachment 4 FILED Vent� ura County PQpPK �q<,�o County Clerk and Reco rder NOTICE OF EXEMPTION 13 CITY OF MOORPARK 0 799 MOORPARK AVENUE A 9-ES B,BECKER 0 J?" iL As�i tai t ounty C�erk and Recorder MOORPARK, CA 93021 By 1 —'Deputy (805) 517-6200 TO: X County Clerk _ State Clearinghouse County of Ventura Office of Planning and Research 800 S. Victoria Ave.Loc.#1 210 1400 Tenth Street, Room 121 Ventura, CA 93009-1210 Sacramento, CA 95814 Submission of this form is optional. Local agencies or private individuals may file this form with the County Clerk(Public Resources Code Sec.21152.b). Filling of this notice starts a 35-day statue of limitations on court challenges to project approval (Public Resources Code Sec. 21167.d.). Failure to file this notice results in the statue of limitations being extended to 180 days. Project Title: 2009 Pavement Rehabilitation Project Project Type: Private Project X Public Project Project Location: Various streets throughout the City of Moorpark City: Moorpark Zip Code: 93021 County: Ventura Description of Nature,Purpose and Beneficiaries of Project: Ongoing maintenance of paved streets including cape seal and slurry seal. Name of Public Agency Approving Project: City of Moorpark Date of Approval: July 15,2009 Name of Person/Agency Carrying Out Yugal Lall, P.E., Director of Public Works and City Engineer Project: Exempt Status(check one): Ministerial(Sec. 15073) _ Declared Emergency(Sec. 17071.a.) _ Emergency Project(Sec. 15071.b.and c.) X Categorical Exemption(state type and section) General Rule Exemption Section 15301 Class 1 Exemption Reasons Why Project is Exempt: Involves ongoing maintenance of existing public facilities,without expansion or other Alterations. Contact Yugal Lall, P.E. Phone: (805)517-6255 Ext.: Person: If filed by Applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public age c p ving th project? Yes No Date July 16, Signature: } Title: Planning Director Filed: 2009 David A. 8obardt STED JAMB=S . !'ECKEFL Assistant C-,unt;,Clerk and Recorder Ely: Deputy —� 115 Attachment 5 RESOLUTION NO. 2009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2009/10 BUDGET TO REVISE THE APPROPRIATIONS AND BUDGET AMOUNTS FOR PROJECT 8002: 2009 PAVEMENT REHABILITATION PROJECT [PARK MAINTENANCE FUND (2400); TRAFFIC CONGESTION RELIEF FUND (2610)] WHEREAS, on July 1, 2009, the City Council adopted the budget for Fiscal Year 2009/10; and WHEREAS, a staff report has been presented to the City Council requesting a budget amendment in the aggregate amount of$348,000.00; and WHEREAS, Exhibit "A" hereof describes said budget amendments and their resultant impacts to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget Amendment in the aggregate increase of $348,000.00 as more particularly described in Exhibit"A", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of October, 2009. Janice S. Parvin, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A"—Appropriation and Budget Detail 116 EXHIBIT A BUDGET AMENDMENT FOR PARK MAINTENANCE AND TRAFFIC CONGESTION RELIEF FUNDS TO INCREASE APPROPRIATIONS FOR PROJECT 8002 2009 PAVEMENT REHABILITATION PROJECT FY 2009/10 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount PARK MAINTENANCE FUND 2400-5500 $ 33,000.00 TRAFFIC CONGESTION RELIEF FUND 2610-5500 $ 315,000.00 Total $ 348,000.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2400-8310-8002-9640 $ - $ 33,000.00 $ 33,000.00 2610-8310-8002-9640 $ - $ 315,000.00 $ 315,000.00 2611-8310-8002-9640 $ 581,448.00 $ 50,000.00 $ 531,448.00 2611-8310-8002-9650 $ - $ 50,000.00 $ 50,000.00 $ - $ - $ - Total $ 581,448.00 $ 348,000.00 $ 929,448.00 Finance Approval: 117 Attachment 6 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MANHOLE ADJUSTING CONTRACTORS, INC., FOR 2009 PAVEMENT REHABILITATION PROJECT SPECIFICATION NO. MPK 08-02 THIS AGREEMENT, is made and effective as of day of , 2009, between the City of Moorpark, a municipal Corporation ("City") and Manhole Adjusting Contractors, 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; 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 August 25, 2009, which is attached hereto as Exhibit B; and. WHEREAS, the City Council of the City of Moorpark at a meeting held on the 2nd day of September, 2009, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Code Section 20160, et se q. 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 August 25, 2009, 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. Compensation for the services to be performed by Contractor shall be in accordance with Schedule of Work and Prices of Exhibit B, attached hereto and - 1 - 2009 Pavement Rehabilitation Project,MPK 08-02 118 incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value ($833,351.00) 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 John Corcoran, 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, Assistant City Engineer 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 asset 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 eight hundred thirty-three thousand, three hundred fifty-one dollars ($833,351.00) 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 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. -2- 2009 Pavement Rehabilitation Project, MPK 08-02 119 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. -3- 2009 Pavement Rehabilitation Project,MPK 08-02 120 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 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. 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 secured against the Indemnitees arising out of or encountered in connection with this -4- 2009 Pavement Rehabilitation Project, MPK 08-02 121 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 obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. -5- 2009 Pavement Rehabilitation Project,MPK 08-02 122 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 I sin 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. 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 -6- 2009 Pavement Rehabilitation Project, MPK 08-02 123 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, director 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 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 -7- 2009 Pavement Rehabilitation Project, MPK 08-02 124 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 To: John Corcoran Manhole Adjusting Contractors, Inc. 9500 Beverly Road Pico Rivera, CA 90660 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 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. -8- 2009 Pavement Rehabilitation Project, MPK 08-02 125 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. 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. -9- 2009 Pavement Rehabilitation Project,MPK 08-02 126 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 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 MANHOLE ADJUSTING CONTRACTORS By: By: Steven Kueny, City Manager John Corcoran Attest: Its: President Deborah S. Traffenstedt, City Clerk Title - 10- 2009 Pavement Rehabilitation Project, MPK 08-02 127 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. -11 - 2009 Pavement Rehabilitation Project,MPK 08-02 128 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 -12- 2009 Pavement Rehabilitation Project, MPK 08-02 129 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 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 insuranc3e, 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 - 13- 2009 Pavement Rehabilitation Project, MPK 08-02 130 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 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 - 14- 2009 Pavement Rehabilitation Project, MPK 08-02 131 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 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. - 15- 2009 Pavement Rehabilitation Project,MPK 08-02 132