HomeMy WebLinkAboutAGENDA REPORT 2000 0503 CC REG ITEM 10C ITEM -/ 0 - (�- •
C;TI'OF MOORPARK,r 4LIFOR-NIA
City Council Niceting
ACTION:
MOORPARK CITY COUNCIL BY'
AGENDA REPORT
TO: Honorable Mayor and City Council
From: Hugh R. Riley, Interim Deputy City Managerl�
DATE: April 12, 2000 (Meeting of 5/3/00)
SUBJECT: Consider Approval of a Request for Proposals
(RFP) for Engineering Services for the Widening
of Los Angeles Avenue between Spring Road and
Moorpark Road
BACKGROUND:
The city' s intent is to improve the Los Angeles Avenue
corridor to a basic, six-lane standard (arterial) from
Tierra Rejada Road to the State Road 23 Freeway to
accommodate steadily increasing local and regional traffic .
The city is now ready to proceed with preparation of the
design for the improvement of the corridor between Spring
Road and Moorpark Avenue. This year' s CIP Budget includes
$30 , 000 (Project 8013) for the design effort .
DISCUSSION:
Los Angeles Avenue (State Route 118) serves as a major
east-west arterial through the City of Moorpark. The
average daily traffic is currently more than 33 , 000
vehicles per day. Although much of the traffic is regional,
pass through trips, the highway also carries significant
local traffic which has grown in intensity as the city' s
residential expansion. The average traffic volumes are
projected to continue to increase in future years .
o0004..
Los Angeles Avenue Widening
Authorization to Distribute RFP
May 3 , 2000
Page 2
The city' s design standard for the Los Angeles Avenue
corridor includes six, 12 - foot travel lanes; two, eight-
foot bicycle lanes; two, 8-foot sidewalks and a 14-foot
painted median. The ultimate pavement width is 102 feet
from curb-to-curb within a right-of-way width of 118 feet .
There are several segments of the corridor that have
already been improved to the full width and others that
will be improved to these standards as a function of land
development . This project is being undertaken as part of
the city' s intent to complete improvements to the ultimate
standard for the entire corridor within the city.
Attached is the draft Request for Proposals (RFP)
describing the civil engineering services required in order
to proceed with the preparation of the design for this
project .
The following is a proposed timetable for events related to
the selection of an engineering consultant for the project .
DATE MILESTONE
May 5 Distribute RFP
June 6 Proposals Due
June 16 - 23 Proposal Evaluation
July 5 City Council Considers Selection
RECOMMENDATION:
Staff recommends that the City Council authorize the
distribution of the attached RFP to selected civil
engineering firms .
ATTACHMENT: Request for Proposals
0000.11,
(date)
Distribution
SUBJECT: Request for Proposals for Engineering Services for the Widening of Los Angeles
Avenue Between Spring Road and Moorpark Avenue
Dear Sirs and Madams:
The City of Moorpark is inviting your firm to submit a proposal for Engineering Services for the
subject project.
A description of the project, scope of work and requirements for submitting a proposal is
described in the RFP.
Proposals are due in the City of Moorpark, Public Works Department office no later than
5:00 PM on June 6, 2000. It is the intent of the City to complete the evaluation process and
recommend selection of a Consultant at the City Council meeting of July 5, 2000.
The proposal must be in two parts—a technical proposal and a cost proposal and a cost proposal.
The cost proposal shall be placed in a sealed envelop within the complete proposal package.
Provide three (3) copies of your technical proposal and a single copy of your cost proposal
(separate sealed envelope) within a sealed envelope marked PROPOSAL FOR
PRELIMINARV ENGINEERING -- LOS ANGELES AVENUE WIDENING (SPRING
ROAD TO MOORPARK AVENUE)
If you have questions or wish to discuss the contents of the proposal, please contact me by
telephone at Extension 255.
Sincerely,
Kenneth C. Gilbert
Director of Public Works
RI -LA Ave((`Sprinb 0000-11A.:
May 4, 2000
Request for Proposals
Preliminary Engineering Services
Los Angeles Avenue Widening Project
Spring Road to Moorpark Avenue
A. Introduction: Los Angeles Avenue (State Route 1 18) serves as a major east-west arterial
through the City of Moorpark. The average daily traffic is currently more than 33,000
vehicles per day. To further increase congestion a large percentage of trucks are in the
traffic mix. Although much of the traffic is composed of regional trips, the highway also
carries local traffic since Los Angeles one of only two cast-west transportation corridors in
the City. The average traffic volume is projected to continue to increase in future years.
The ultimate design standard for the Los Angeles Avenue corridor is as follows
- one 14' painted median
- six-12' travel lanes
- two-8'bicyle lanes
- two-8' sidewalks
The ultimate pavement width is 102 feet (curb-to-curb) within a right-of-way width of 118
feet. The typical "half-street improvements is fifty-one feet to the curbface and fifty-nie
feet of street right-of-way.
There are several segments of the Los Angeles Avenue corridor which have already been
improved to the full design width. There are other portions of the highway corridor which
will be improved to the full ultimate width as a function of land development. It is the
intent of the City to undertake the widening of certain other segments in order to cause the
entire corridor within the City to be improved to the full design width. This project is one
of the "widening" projects being undertaken by the City.
B. Project Description: The limits of the street widening project covered by this UP is that
segment of Los Angeles Avenue from a point west of Spring Road to a point east of
Moorpark Avenue. The total length of the section is approximately 2300 feet. The existing
right-of-way width for Los Angeles Avenue within the project limits varies from
approximately 90 feet to l 10 feet. The street is currently striped for 4-12 foot through
lanes and a 14-foot median.
OOOC*A
Rf l'_LA A%c(gSpring
i
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 2 of 7
The land use abutting the north side of Los Angeles Avenue west of Spring Road is an
existing residential neighborhood. The backyard set backs in this area are 20 to 30 feet.
Street improvements on the north side of the street include curb and gutter, sidewalk, and a
concrete block wall on the property line. West of Millard Street is property owned by the
Moorpark Unified School District. West of Flory Avenue the abutting land use is mixed
commercial and residential.
The acquisition of additional street right-of-way on the north side of Los Angeles Avenue
is hindered by the existing land uses, existing street improvements and existing high
voltage electrical utility poles.
On the south side of the street there is an existing commercial center just west of Spring
Road. Existing on-site and off-site improvements include a fountain, sidewalk and a
parkway. West of this commercial center is a mixture of commercial and residential land
uses.. Along this area full-width right-of-way has not been conveyed and ultimate street
improvements have not yet been constructed. There is no curb, gutter or sidewalk. Many or
most of the properties in this area have not yet been developed to their highest and best use.
Just east of Moorpark Avenue several apartment and condominium developments have
been constructed. Although the full fifty-nine feet (59') half-street improvements have
been constructed in this area, additional widening may be required by the project.
The First Phase of this design project is to develop a preliminary alignment and right-of-
way needs plan. The Second Phase involves the development of a number of alignment
alternatives in certain "critical" areas, to lessen impacts upon adjacent properties. The
Third Phase is the development of the final conceptual design. The fourth phase is the
development of a complete set of Plans, Specification (Special Provisions only) and
Estimates [PS&E] for the construction project. At the completion of the Third Phase, it will
be the intent of the City to proceed with street right-of-way acquisition efforts.
C. Concept Description: Due the constraints posed by existing improvements on the north
side of the street, the initial preliminary concept plan shall be based upon the following
criteria and assumptions:
1. The centerline shall be shifted eleven feet (I P) to the south consistent with Cross-
Section 'D' shown on Exhibit 'A' attached hereto.
2. Tapers and transitions shall be provided for at the east and west end of the project
limits as required to render the project improvements compatible with existing and/or
proposed ultimate improvements east and west of the project.
3. All travel lanes shall be twelve feet wide and all other Caltrans design criteria shall be
met.
0000-11i--
RFP_LA Ave @Spring
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 3 of 7
D. Scope of Services: The scope of consultant services for this project is described as follows:
1. PHASE ONE-Preliminary Conceptual Plan
a. Purpose — To provide an initial draft plan of the proposed street widening
project, consistent with the CONCEPT DESCRIPTION described above.
b. Surveying — Perform a survey for the project area in sufficient detail to support
all phases of the design efforts.
c. Existing Improvements — All exiting improvements shall be shown.
d. Utilities — Obtain all information necessary to show all overhead and
underground utilities on the south side of the street. The power poles on the north
side of the street shall also be shown.
e. Property Lines— Show all current and future right-of-way (property) lines.
2. PHASE TWO-Design Alternates
a. Purpose — To develop certain design alternates to reduce impacts upon adjacent
properties and/or to provide for acceleration / deceleration lanes as reflected in
Cross-Section E of Exhibit A.
b. Plans — Prepare a number of design alternates based upon direction provided by
the City.
3. PHASE THREE-Final Conceptual Plan
a. Purpose — To prepare the final Alignment and Right-of-Way Needs plan for the
project, including prerequisite to right-of-way acquisition.
b. Plan — Prepare the final concept plan showing all existing and future
improvements, utility locations and right-of-way lines.
c. Right-of-Way — Prepare a chart listing all street right-of-way parcels to be
acquired, the assessor's parcel number for each affected property, the property
owner and the area of the right-of-way to be acquire
d. Legal Descriptions. — Prepare legal descriptions for all street right-of-wy and
any other easements required for the project. Preliminary Title Rcportswill be
secured by the City at the City's cost.
e. Estimate of Probable Cost — Prepare an estimate of probable cost for the
construction of the project, based on the final conceptual plan.
F. Special Conditions — Describe any unique conditions, problems or conditions
(impact upon existing structures, etc.) posed by the project.
g. Final Draft Report — Prepare a draft final report which fully describes the
design concept, right-of-way requirements and project cost estimates.
h. Caltrans Review — Present the Final Draft Report to Caltrans, receive Caltrans
input and revise final report and plan as necessary.
i. City Council Review -- Present the Final Draft Report to the City Council for
review and approval.
j. Final Report— Prepare a final report that incorporates any comments from the
City Council.
0O00A:=
R FP_LA Ave,'i�Spring
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 4 of 7
4. PHASE FOUR-Final Design
a. Purpose — To provide a final set of construction documents.
b. Utility Coordination — Perform all coordination, communication and design
necessary to show location of existing utilities on the street plans and to facilitate
the necessary relocation of the conflicting utilities.
c. Geotechnical Investigation — Perform geotechnical investigations as needed to
support pavement and subgrade design
d. Project Design — Perform design of the widening project including asphalt
pavement, curb and gutter, sidewalk, right-of-way wall, and drainage. The design
will be developed in two stages as follows:
• Preliminary Design — prepare a preliminary final design based on the final
approved concept plan
• Final Design — based on City and Caltrans input on the Preliminary Design,
prepare a Final Design
e. Construction Plans — Prepare construction plans showing both plan and profile
at a scale acceptable to the City and Caltrans. Include both full and half-sized
sheets. Provide both camera ready and electronic files (AutoCAD V 12 or later).
f. Specifications and Special Provisions — Prepare specifications and special
provisions for the project. The City will incorporate this material with its
standard "boilerplate" and prepare the bid package. This material shall be
prepared in WORD latest version. Provide a camera-ready copy and an electronic
file compatible with City software.
g.. Bid Sheet — Prepare a bid sheet with all bid items, quantities and payment
references to the Specifications.
h. Estimate of Probable Cost— Prepare an estimate of probable cost for the project
using the above described Bid Sheet.
i. Time Estimate— Prepare a time estimate for construction of the project.
j. Traffic Control Plan — Prepare traffic control plan for traffic handling during
construction. The plan should be drawn at a I"=100' scale and be on both full
and lialf--sized sheets.
k. Striping and Signing Plan — Prepare striping and signing plans with the
following options:
• Roadway sections adjacent to the project striped for 4 through lanes, and
• Roadway sections adjacent to the project striped to a full 6-lane facility.
The striping and signing plan shall be prepared to a scale acceptable to the City
and Caltrans.
I. Coordination — Coordinate the design with City staff, Caltrans, and other
designers working on Los Angeles Avenue.
m. Engineering Responsibility — Final approved plans shall be stamped and signed
by the consulting engineer as the City Engineer for the project.
000050
RF-P_LA Ave @Spring
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 5 of 7
E. Proposal Information: The following information is required to be included in each
proposal to enable the City to evaluate each firm's response.
1. Technical Proposal:
a. Cover Letter: This letter should introduce your team and is limited to two pages.
b. Statement of Qualifications: Include a statement of your firm's qualifications to
provide the requested services. The statement should include information
describing three other projects of similar size and complexity, for which your
firm provided Design Engineering services to a local government agency within
the past three years. The statement should also include information pertaining to
your firm's experience in working with or for Caltrans. Provide client contact
personnel and telephone numbers for each of the three projects. Similar material
should be provided for each sub contractor that will be retained by your firm to
work on the project. This material should be limited to five pages for the prime
consultant and two pages for each sub consultant.
C. Organization and Staffing: Include an organization chart showing your firm's
project management team and their organizational relationship. Provide
resumes for the principal, project manager and project engineer. Also, provide a
resume for each sub consultant's project manager. Each resume should be no
more than one page in length.
d. Scope oj' Work: Provide a scope of work that fully describes the approach,
methods, etc. to be utilized in providing the required services. Include defined
TASKS as required.
e. Project Understanding: The Scope of Works should include a full description
of the project and its requirements.
f. Person Hours By Task: Provide a table which shows your planned person
hours by classification by task and/or phase for all work you plan to perform.
g. Copies: Three copies of the Technical Proposal shall be provided to the City.
2. Cost Proposal: Submit in a separate sealed envelope, clearly marked COST
PROPOSAL, the following:
a. Cover Letter: This letter should point out conditions that could effect your
firm's costs, any discussion of the City's standard agreement (attachment).
b. Cost of Services: Provide an outline of your firm's Not to Exceed costs,
structured as follows:
I) Show Not to Exceed Cost for each Phase of the work.. THE AMOUNT
FOR PHASE 2 SHALL BE $5,000.00.
2) All Sub-Consultant Costs (Surveying, Geotechnical, Etc.) shall be
included in the total Fee amount but the cost for each shall be identified.
3) Reimbursable Expenses (show various cost elements as necessary).
00065.
RFI'_LA Avc(u;Spnng
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 6 of 7
C. Method of Payment: The above categories of expenses shall be reimbursed in
the following manner:
1) Design services shall be paid on the basis of the percentage of work
completed to date for each phase of the work, as determined by the City.
2) The scope of the effort required for Phase 2 shallbe determined by the City
and all cost for such work shall be paid at the hourly rates approved by the
City. .
3) All work performed by Sub-Consultants (Surveying, Geotechnical, etc.)
shall be paid at actual costs plus five percent (5%).
4) Reimbursable Expenses shall be paid at actual costs not to exceed an
approved limit to be determined. No payment shall be made for travel
expenses required to provide the required services.
d. Extra Work: Any "Extra Work", as approved by the City, shall be paid at direct
actual costs, based upon the rates approved by the City..
e. Hourly Rates By Classification: Provide a listing of your firm's hourly rates by
classification as well as other cost factors which you would need to price extra
work.
F. Proposal Evaluation Criteria: The City of Moorpark intends to evaluate the technical
proposals received as a result of this RFP using the following criteria:
Maximum
Criteria Points
• Qualifications: Based upon the overall experience of tlic firm working 20
on projects of a similar nature.
• References: Based upon the quality of the references provided and the 10
"feedback" received form the stated references and other sources.
• Project Understanding/ Scope of Work: Based upon the description 20
of the scope of work and the understanding of the project requirements.
• Caltrans Experience: Based upon the experience working with or for to
Caltrans.
• Schedule: Based upon the thoroughness and reasonableness of the 10
word schedule provided.
• Staffing: Based upon the background and experience of the 20
individuals to be working on the project.
• Reasonableness of Effort: Based upon the reasonableness of the stated 10
effort required to undertake and complete the project.
00001,51.
RFP_LA Avcla;Spring
Request for Proposals
Preliminary Engineering
Los Angeles Avenue Widening: Spring Road to Moorpark Avenue
Page 7 of 7
Firms will be ranked based on the Technical Proposal. The highest ranked firms may be
interviewed if the City feels that clarification of proposals is necessary. The City will make
a final ranking based on the Technical Proposals either without interviews or at the
conclusion of interviews.
Subsequent to the evaluation and ranking of the Technical Proposals, the Cost Proposals
will be opened and negotiations will be conducted with the highest ranked firm. If
agreement cannot be reached between the city and the highest ranking firm regarding costs
and fees, the City will open negotiations with the next highest ranked firm. This process
shall continue until an acceptable price is negotiated with a qualified firm.
The City is not bound to select any of the firms submitting proposals, can waive
irregularities in proposals and their submittal which arc advantageous to the City, and is not
libel for any costs associated with the preparation of proposals or presentations to the City.
G. Project Schedule / Project Funding: It is the intent of the City to select a Consultant and
proceed immediately with the required services. It is also the intent of the City to proceed
with right-of-way acquisition and construction as soon as possible.
Complete project funding is on hand and available. The project is totally funded by the
City [Los Angeles Avenue AOC Fund]. No State or Federal grant monies are required or
will be used.
H. Sample Agreement: Attached as Exhibit 'B' is a copy of the City's standard form for
Professional Services Agreements.
0000
RIP I A Ave((i Spnng
Los Angeles Avenue Exhibit A
Street Cross Sections Page 1 of 2
[View Looking West]
Key:
A: Sidewalk D: Median
B: Bike Lane E: Bike / Turn Lane
C: Travel Lane
Section A: Approved Design Standard
118'
59' 1 59'
102'
51 ' 51 '
i t i i i i i
8' 8 ' 12 ' 12 ' 12 ' 14' 12' 12' 12' 8' 8'
A B C C C D C C C B A
Section B: Existing R-O-W & Improvements
100'
50' 50'
40'
? 12 ' 12' 14 ' 12' 12' ?' 10'
C C D C C A
Section C: No Change to Centerline Alignment
118'
59' 59'
51 ' 51
8' 8' 12' 12' 12' 14' 12' 12' 12' 8' 8'
A B C C C D C C C B A
la_rok.dsn 000051,
Los Angeles Avenue Exhibit A
Street Cross Sections Page 2 of 2
[View Looking West]
Key:
A: Sidewalk D: Median
B: Bike Lane E: Bike / Turn Lane
C: Travel Lane
Cross Section D: Centerline Shift 11'
120'
59' I11'-1 50'
61'
20'—
1 51 ' 51
8' 8' 12' 12' 12' 14' 12' 12 ' 12' 8' 10'
A B C C C D C C C B A
Cross Section E: Centerline Shift ill , plus Right Turn Lane
126'
11-1 50'
65' 61'
26'
57' 51'
8' 14 ' 12' 12 ' 12 ' 14' 12' 12' 12 ' 8' 10'
A E C C C D C C C B A
Cross Section F: Centerline Shift 81 , plus Right Turn Lane
123 '
��� 1— 581 58'
23 '
57' 48'
8' 14 ' 12' 12' 12' 14' 12' 12' 12 ' 5' 10'
A E C C C D C C C B A
la_row.dsn
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State of
California, hereinafter referred to as "CITY" and
, a California Corporation, hereinafter
referred to as "CONSULTANT" .
W I T N E S S E T H
4hereas, the City requires the services of a qualified
civil engineering firm (or other type of professional services]
to [general description of scope of work] ; and,
V;hereas, CONSULTANT is qualified 'o provide such_ services
and has submitted a Proposal pertaining z�o same, attached hereto
as Exhibit ' B ' ; and,
Whereas, City wishes to retain CONSULTANT to [scope] .
NC,•], THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree as
follows :
City does hereby appoint CONSULTANT in a contractual
capacity to perform certain professional civil engineering
services as set forth herein .
1 . Scope of Work
The services to be provided by CONSULTANT shall consist of
the services set forth in Exhibit 'A'
attached hereto and made a part hereof . It is agreed that
said scope of work may be revised to add additional
services and/or projects in the future, by execution of an
Amendment- to this Agreement signed by both the City and
CONSULTANT.
The :services set forth in Exhibit 'A' shall be provided in
a manner consistent with the stipulations set forth in the
Proposal (s) set forth in Exhibit ' B' also attached hereto
and made a part hereof .
o06aq.
Exhibit ' B ' (Page 2 of 7)
1 Com ensaLion
The amount- of full compensation to CONSULTANT for said
services shall be as set forth in Exhibit W .
III . Termination
This agreement may be terminated with or without cause by
City at any time with no less than 10 days written notice
of such termination. In the event of such termination,
CONSULTANT shall be compensated for such services up to the
date of termination. Such compensation for work in
progress shall be prorated as to the percentage of progress
completed at the date of termination.
This agreement may be terminated by CONSULTANT only by
providing City with written notice no less than 30 days in
advance of such termination.
IV. General Conditions
A. Unassigned.
B . City shall not be called upon to assume any liability
for the direct payment of any salary, wage or other
compensation to any person employed by CONSULTANT
performing services hereunder for City.
CONSULTANT is and shall at all times remain as to the
City a wholly independent contractor. Neither the City
nor any of its officers, employees, servants or agents
sh211 control over the conduct of CONSULTANT or any of
CONSULTANT officer, employees or agents, except as
herein set worth.
CONSULTANT shall not at any time or in any manner
represent that it or any of its officers, employees or
agents are in any manner employees of the City.
C . At the time of 1) termination of this agreement or 2)
conclusion of all work; all original documents,
designs , drawings, reports, calculations, diskettes,
co,nnuter files, notes, and other related materials
whether prepared by CONSULTANT or their
subcontractor (s) or obtained in the course of providing
the services to be performed pursuant to this agreement
shall become the sole property of the City.
2
0 000
Exhibit ' 13 ' ( Page 3 of 7)
D. CONSULTANT shall hold harmless, indemnify and defend
the City and its officers, employees, servants and
agents and independent contractors who serve in the
role of City Manager, Deputy City Manager, Director of
Public Works, Assistant City Engineer, City Engineer or
City Attorney from any claim, demand, damage,
liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or
injury to any person and injury to any property,
resulting from misconduct, negligent acts, errors or
omissions of CONSULTANT, or any officer, employee or
agent of CONSULTANT, in the performance of this
agreement by CONSULTANT, except such damage as is
caused by the sole negligence of the City.
The City does not, and shall not , waive any rights that
it may have against CONSULTANT by reason. of Paragraph E
hereof , because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to this agreement . This
hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in
Paragraph E hereof .
E. CONSULTANT shall secure from a good and responsible
company or companies doing' insurance business in the
State of California, pay for, and maintain in full
force and effect for the duration of this agreement
those policies of insurance required by this paragraph
and shall furnish to the City Clerk of the City
certificates of said insurance on or before the
commencement of the term of this agreement .
Notwithstanding any inconsistent statement in any of
said policies or any subsequent endorsement attached
thereto, the protection offered by the policies shall :
1 . Name the City and its officers, employees,
servants and agents serving as independent
contractors in the role cf City Manager, Deputy
City Manager, Director of Public Works or City
Attorney, as additional insured with CONSULTANT.
2 . Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
3
0(l�iU
Exhibit ' B ' (Page 4 of 7)
mail , postage prepaid, not less than Lhirty (30)
days before the cancellation or amendment is
effective . CONSULTANT shall give City thirty (30)
days written notice prior to the expiration of
such policy.
3 . Be written on an Occurrence Basis .
F. Consistent with the provisions of Paragraph E,
CONSULTANT shall provide general public liability
including automobile liability and property damage
insurance in an amount not less than One Million
dollars ($1, 000, 000 . 00) per occurrence and annual
aggregate .
G. Consistent with the provisions of Paragraph E,
CONSULTANT shall provide workers ' compensation
insurance as required by the California Labor Code . If
any class of employees engaged by CONSULT.,%-%T in work
under this agreement is not nrot.ectea by the workers '
compensation law, CONSULTANT shall orovide adequate
insurance for the protection of such employees to the
satisfaction of the City.
H. CONSULTANT shall not assign this agreement , or any of
the rights, duties or obligations hereunder. It is
understood and acknowledged by t:-ie parties that
CONSULTANT is uniquely qualified to perform the
services provided for in this agreemen� .
I . The Proposal (s) (Exhibit 'B ' ) submitted by CONSULTANT
is hereby incorporated into this Agreement . Where said
exhibit is modified by this Agreement , including the
provisions of Exhibit 'A' attached hereto, the language
contained in this Agreement shall take precedence .
J. Payment to CONSULTANT shall be made by City within 30
days of receipt of invoice, except for those which are
contested or questioned and returned by City, with
written explanation within 30 days of receipt of
invoice . CONSULTANT shall provide to City a written
response to any invoice contested or questioned and
further, upon request of City, provide City with any
and all documents related to any invoice .
K. Any notice to be given pursuant to this agree:iient 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 ,
000W C 1
Exhibit ' B ' (Page 5 of 7)
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To.
Either party may, from time to time, by written notice
to the other, designate a different address Which shall
be substituted for the one above specified. Notices,
payments and other documents shall be deemed -elivered
upon receipt by personal service or upon deposit ir. the
United States mail .
L. Nothing contained in this agreement shall ne deemed,
construed or represented by the City or CON= ;',TIC T or
by any third person to create the relat=cnship of
principal or agent , or of a partnership, or of a joint
venture, or of any other association of any kind or
nature between the City and CONSULTANT.
M. This agreement constitutes the entire agreeme:� of the
parties concerning the subject matter hereof and all
prior agreements or understandings, opal or �rir.ten,
are hereby merged herein. This agreement shall iiot be
amended in any way except by a writing expressly
purporting to be such an amendment , ysianed and
acknowledged by both of the parties hereto.
N. Should interpretation of this agreement, or any portion
thereof, be necessary, it is deemed that this agreement
was prepared by the parties jointly and eq-,-ally, and
shall not be interpreted against either parz:v cn the
ground that the party prepared the agreement o caused
it to be prepared.
O. No waiver of any provision of this agreement shall be
deemed, or shall constitute, a waiver of =ny ot-ner
provision, whether or not similar, nor shalt (F;ny s-lch
waiver constitute a continuing or subsequent k,.� iver of
the same provision . No waiver shall be bindii:,::, unl�-5�;s
executed in writing by the party making the w.:_ver .
5 00006,
Exhibit ' B ' ( Page 6 of 7)
P. In the event any actio:, suit or proceeding iE 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
judgement or decree rendered in such a proceeding shall
include an award thereof .
Q. Cases involving a dispute between. the City and
CONSULTANT may be decided by an arbitrator if both
sides agree in writing, with costs proportional to the
judgement of the arbitrator.
R . This agreement is mace, entered into, executed in
Ventura County, California , and any acticn fil_c in any
court or for arbitrat_cn for the i.nt:erpt_tacion,
enforcement or c_her act_on of t'ie terns, cond:zions or
covenants referred to :!rerein Shall b=- file-_` -n tilt
applicable court in Ventura Coun_v, California .
S . The captions and headings of the various Artic_.;es -and
Paragraphs of this agreement are for conver.i:.-ace. �_, zd
identification only and shall not be dee,r,Ed tc _init of
define the content of the re2pective r.rti _es and
Paragraphs hereof .
V. RESPONSIBLE INDIVID�t:�
The individual directly responsible for CO`:SILP- ZMN1 ov`,-all
performance of the contract provisions herein a :e set-
forth and to serve as principal liaison between ci y Gnd
Consultant shall be
Upon mutual written agreement of the parties, other
individuals may be substituted in the above capacity.
G
00G-10a�
Exhibit ' B ' (Page 7 of 7)
VI . IMPLEMENTATION
The City shall provide CONSULTANT with written notice in
advance of the date at which these services are to be
implemented if different than the date of the agreement .
CITY OF MOORPARK: CONSULTANT
Steven Kueny, City Manager
Pr�fC�n r�a�'_er
7 ( \f
0 06L