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HomeMy WebLinkAboutAGENDA REPORT 2019 0904 REG CCSA ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 4, 2019 ACTION A pproved Staff Recommendation. BY B.Garza H. Consider Agreement for Bid and Construction Management Services, Metrolink South Parking Lot South Entry Project (Project No. C0029). Staff Recommendation: Approve agreement with Phoenix Civil Engineering, Inc., for Construction Management Services for the Metrolink South Parking Lot South Entry Project (Project No. C0029) for a total amount not-to-exceed $58,385. (Staff: Shaun Kroes) Item: 10.H. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 09/04/2019 Regular Meeting SUBJECT: Consider Agreement for Bid and Construction Management Services, Metrolink South Parking Lot South Entry Project (Project No. C0029) BACKGROUND On April 17, 2019, Moorpark City Council approved plans and specifications for the Metrolink South Parking Lot South Entry Project (MPK 19-02) and authorized staff to advertise for bids for the project. The City began advertising the project on April 28, 2019 and held a mandatory pre-bid meeting on May 21, 2019. Bids were originally due by 3:30 p.m. on June 4, 2019; however, shortly after the May 21 pre-bid meeting, City staff was discussing with staff from the Ventura County Transportation Commission (VCTC) the latest Federal Transit Administration (FTA) Section 5307 fiscal year (FY) 2018/19 grant cycle, which includes $101,542 in new funding for the project. Staff from VCTC stated that FTA had not yet formally approved the FY 2018/19 grant cycle. While the delay in approval does not normally cause a concern for the City’s FTA 5307 funded projects (such as bus operations and maintenance), there was a concern that without FTA grant approval (which would also include approval of the categorical exclusion for environmental clearance) there was a risk of not receiving reimbursement if the bid was completed and a contract awarded. Out of a preponderance of caution, the City released Addendum No. 1 on May 29, 2019, delaying the bid deadline until further notice. The City received notice from VCTC on August 15, 2019, that FTA had approved the FY 2018/19 FTA 5307 grant cycle and could proceed with the project. Staff intends to re- advertise the bid and hold another pre-bid meeting. Contractors who attended the first pre-bid meeting on May 21 will not be required to attend the second time meeting, but they will have the option of attending. Item: 10.H. 205 Honorable City Council 09/04/2019 Regular Meeting Page 2 DISCUSSION City staff is recommending using consultant services to assist with the project during the renewed bid process, as well as construction management. The City has received a proposal from Phoenix Civil Engineering, Inc. (Phoenix) to provide Construction Management Services for the project. Phoenix has provided construction management services for several other projects in the City and staff has been pleased with their work. Some areas of assistance that Phoenix will provide include: • Attendance at the next pre-bid meeting. • Review of submitted bids. • Coordinating weekly meetings between the selected contractor, City staff, and third-party inspection services. • Review of certified pay-roll. Phoenix’s proposal is for $58,385.00. FISCAL IMPACT Project No. C0029 has $903,089.95 continuing appropriation in FY 2019/20. The expense will be funded from expense account 2001-311-C0029-55300 which has $8,602.04 remaining budget. City staff intends to perform a budget line item transfer within Project No. C0029 to fully fund the agreement. STAFF RECOMMENDATION Approve agreement with Phoenix Civil Engineering, Inc., for Construction Management Services for the Metrolink South Parking Lot South Entry Project (Project No. C0029) for a total amount not-to-exceed $58,385. Attachment: Agreement 206 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC. FOR BID PHASE AND CONSTRUCTION MANAGEMENT SERVICES FOR THE METROLINK SOUTH PARKING LOT SOUTH ENTRY PROJECT THIS AGREEMENT, made and effective as of this day of , 201 , between the City of Moorpark, a municipal corporation (“City”) and Phoenix Civil Engineering, Inc., a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for bid phase and construction management services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated August 22, 2019, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide engineering peer review and construction management services for the Metrolink South Parking Lot Second Entry, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value fifty-eight thousand three hundred eighty-five dollars ($58,385.00) as stated in Exhibit C, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. ATTACHMENT 207 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Jon Turner, 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 Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W -9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed fifty-eight thousand three hundred eighty-five dollars ($58,385.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant 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 and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Phoenix Civil Engineering, Inc. Page 2 of 16 208 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 Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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 Consultant 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 this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7.DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant 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 Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8.LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one hundred twenty-five dollars ($125.00) 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 Consultant under the terms of this Agreement. Progress payments made by the City after the Phoenix Civil Engineering, Inc. Page 3 of 16 209 above specified completion date shall not constitute a waiver of liquidated damages by the City. 9.OWNERSHIP OF DOCUMENTS Consultant 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. Consultant 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. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’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 Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), Phoenix Civil Engineering, Inc. Page 4 of 16 210 where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant 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 Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11.INSURANCE Consultant 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 CONSULTANT Consultant 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 Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. 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 officers or employees, or agents of the City except as set forth in this Agreement. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Phoenix Civil Engineering, Inc. Page 5 of 16 211 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15. UNDUE INFLUENCE Consultant 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 Consultant, or any officer, employee, or agent of Consultant, 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 Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Consultant 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 Phoenix Civil Engineering, Inc. Page 6 of 16 212 conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant 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 Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Jon Turner Phoenix Civil Engineering, Inc. 4532 Telephone Rd., Suite 113 Ventura, CA 93003 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 Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20.ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. Phoenix Civil Engineering, Inc. Page 7 of 16 213 21.LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22.VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant 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 attorneys’ 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 Consultant 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 and the Exhibits attached hereto contain 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. Phoenix Civil Engineering, Inc. Page 8 of 16 214 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 both parties to this Agreement. 28.PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 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 Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. Phoenix Civil Engineering, Inc. Page 9 of 16 215 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC. __________________________________ __________________________________ Troy Brown, City Manager Jon Turner, Principal Engineer Attest: __________________________________ Ky Spangler, City Clerk Phoenix Civil Engineering, Inc. Page 10 of 16 216 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant 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 the 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. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “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 are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs Phoenix Civil Engineering, Inc. Page 11 of 16 217 payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. Phoenix Civil Engineering, Inc. Page 12 of 16 218 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the 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 the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, 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. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant 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 section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant 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 contemplated by this Agreement to self-insure its obligations to the City. If Consultant’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 Consultant, 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 the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. Phoenix Civil Engineering, Inc. Page 13 of 16 219 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17.The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Phoenix Civil Engineering, Inc. Page 14 of 16 220 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Phoenix Civil Engineering, Inc. Page 15 of 16 221 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000?  Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ ____________ 2. Dollar amount of Subcontract: $ ____________ 3. Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Consultant Name Signature, Title Date Phoenix Civil Engineering, Inc. Page 16 of 16 222 Mr. Shaun Kroes August 23, 2019 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 City of Moorpark – Metrolink South Parking Lot South Entry Project– Proposal for Engineering Services During Construction Dear Shaun- I am pleased to provide you with this proposal for engineering services during construction associated with the Metrolink South Parking Lot South Entry Construction Project (PW:2019-02). As this project will utilize federal funds, the FTA Best Practices Procurement & Lessons Learned Manual, dated October 2016 (FTA Report No. 0105) will be utilized as a guideline for the construction management services. Phoenix Civil Engineering, Inc. (Phoenix) will act as the construction manager and administrator for the project civil improvements. The civil improvements include, but are not limited to, the Metrolink South Parking Lot a bioinfiltration planter, sidewalk, privacy wall and additional east-west driveway lane between the new entrance and existing parking lot. The new driveway will be installed in a vacant lot between two residential lots on First Street. A new privacy wall and sidewalk will also be installed near the driveway. Based on our conversations and my review of the plans, I have prepared my proposal to include the following: Task 3.1 Team Coordination Meeting and Project Data Review Task 3.2 Preconstruction Meeting Task 3.3 Submittal Review Task 3.4 Construction Management Assistance Task 3.5 Record Drawings and Project Closeout Task 3.6 Materials Testing (optional) I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope of work and our professional services rate sheet along with a fee schedule detailed by task. Our scope of work covers Any subconsultant fees are marked up by 10% to cover administrative time. Please let me know if you have any questions or would like to discuss my proposal. Sincerely, ______________________________ Jon Turner, PE Principal Engineer Exhibit C 223 1 | P a g e SCOPE OF WORK Construction Phase Services Summary The project involves construction phase services for the Metrolink South Parking Lot South Entry Construction Project (PW:2019-02). As this project will utilize federal funds, the FTA Best Practices Procurement & Lessons Learned Manual, dated October 2016 (FTA Report No. 0105) will be utilized as a guideline for the construction management services. Phoenix Civil Engineering, Inc. (Phoenix) will act as the construction manager and administrator for the project civil improvements. The civil improvements include, but are not limited to, the Metrolink South Parking Lot a bioinfiltration planter, sidewalk, privacy wall and additional east- west driveway lane between the new entrance and existing parking lot. The new driveway will be installed in a vacant lot between two residential lots on First Street. A new privacy wall and sidewalk will also be installed near the driveway. Our proposal includes the following tasks: Phase 3 – CONSTRUCTION PHASE SERVICES Task 3.1 – Team Coordination Meeting and Project Data Review Prior to the start of the construction of the project, the construction management team will review the plans and specifications. The team will meet as a group to discuss the schedule, strategy, roles and responsibilities. Key team members associated with this task: Jon Turner and Sarah Watte (Phoenix Civil Engineering), City Project Representatives and Metrolink/VCTC Staff (if needed). THE FOLLOWING EFFORTS ARE IN THIS TASK: •Confirm project parameters and schedule milestones for the work. •Discuss the project aspects and data sharing components for the work. •Finalize project roles and communication hierarchy. Deliverable: No deliverable is associated with this task. Task 3.2 – Preconstruction Meeting Once the City has selected their contractor to perform the work, the team will hold a preconstruction meeting at the City offices with the Contractor’s team to discuss: •Team Roles and Responsibilities •Communication Hierarchy •Submittal Procedures •Permits and Regulatory Requirements •Addenda and RFI Procedures •Red Line Markups and Utility Coordination •Project Schedule and Meeting Dates/Times •City Operation Considerations During Construction 224 2 | P a g e Key team members associated with this task: Jon Turner and Sarah Watte (Phoenix Civil Engineering), City Project Representatives, Contractor and Metrolink/VCTC Staff (if needed). THE FOLLOWING EFFORTS ARE IN THIS TASK: •Project coordination with the City’s contractor. •Project schedule and outside agency coordination. •City operation considerations during construction. Deliverable: An agenda will be prepared by Phoenix in collaboration with the City. An electronic copy (.pdf) of the agenda will be provided. Meeting questions and discussions will be documented and distributed to the team members. Task 3.3 Submittal Review This task includes reviewing the project material submittals and providing review comments/approvals. It is anticipated that 12 submittals are to be provided and two reviews are anticipated for purposes of this proposal. Key team members associated with this task: Jon Turner and Sarah Watte (Phoenix Civil Engineering). THE FOLLOWING EFFORTS ARE IN THIS TASK: •Material submittal review and processing. •Creation and maintenance of a submittal log documenting the submittal status. •Electronic submittal transmittals to the subconsultants and City. Deliverable: Electronic submittal correspondence (.pdf) will be sent directly to the Contractor from Phoenix with copies to all of the team participants identified at the preconstruction meeting. Task 3.4 –Construction Management Assistance This task includes providing construction management support to the City for the project. The support includes preparation for and conducting the weekly construction meetings with the contractor, observation team and City staff. Also included in this task is effort related to reviewing Requests for Information (RFIs) generated by the Contractor, change orders submitted by the Contractor, project schedule monitoring/updates and as requested assistance to the City Project Manager. RFIs may be sent to the Project Design Engineer for input. Attendance at City requested meetings and site observation for design input/clarification is included. As part of this task, preparation of monthly project updates on the construction efforts and progress will be included. Document control on the project will be included in this task. Drawing changes and issuance of updated or change order plan sheets is included (if DWG files are provided). If DWG files are not provided, plans will be annotated through PDF files. Key team members associated with this task: Jon Turner and Sarah Watte (Phoenix Civil Engineering). 225 3 | P a g e THE FOLLOWING EFFORTS ARE IN THIS TASK: •Weekly construction meeting preparation. •Responses to RFIs. •Change Order review and responses •Schedule coordination •Monthly project reports including the list of tasks performed during the prior month and the updated project schedule. •Attendance at City requested meetings in addition to the weekly construction meetings and site observation to provide design clarification/intent. •Preparation of conformed set (PDF) of Contract Documents and issuance of updated plan sheets incorporating change orders or field modifications. •Provide progress payment review and recommendation for approval packages to the City in the approved format (5 total). Contractor payment review will also include ensuring DIR compliance. Deliverable: Monthly reports will be provided in electronic format (MSWord, MSExcel 2016, or .pdf) at the end of every month during the project construction phase. Other documents (RFIs, and change orders) will be provided electronically in the Microsoft program (MS Word, MS Excel or PDF) for use by the City. Task 3.5 – Record Drawings and Project Closeout This task will incorporate the efforts of the Construction Observer as well as the Contractor’s red line markups to document changes made during construction to the design plans and create project record drawings for the City. Phoenix will also lead a punch list site walk to ensure the project is complete and finalize final progress payments. Key team members associated with this task: Jon Turner, Sarah Watte and Ali Smith (Phoenix Civil Engineering). THE FOLLOWING EFFORTS ARE IN THIS TASK: •Incorporation of RFIs or addenda into the issued for construction documents. •Provide record drawings, observation daily reports and files, project addenda and communication documents (PDF). •Attend punch list site visit. Coordinate completion of outstanding items. •Finalize outstanding progress payments and inspection reports. •Create final FTA project binder. Documentation shall be provided to City staff for inclusion of their final FTA deliverable. Deliverable: One CD containing the construction project electronic files (AutoCAD Civil 3D 2016 (if provided to Phoenix), MSWord, MSExcel 2016 and PDF files) will be provided to the City. One final binder in FTA format documenting project. Task 3.6 – Materials Testing – Optional (if not provided by the Contractor) The Oakridge Geoscience field technician will provide compaction testing, and concrete testing in coordination with the Phoenix observation staff. Compaction testing will be performed with a nuclear density gauge using current ASTM or Caltrans methodology. Compaction tests will be compared to a maximum density curve performed in the laboratory for the subgrade materials, Structural concrete will be sampled and tested in the field and laboratory per project requirements and ASTM/ACI standards. Concrete cylinders will be collected every 50 yards and will be tested at 3 days, 7 days (2) and one hold sample. If requested, anchor bolt pull out tests will be conducted at specific locations. Field compaction tests will be reported 226 4 | P a g e on daily field reports summarizing the test locations, soil density and relative compaction values, asphalt density, asphalt temperature, and other relevant field data. The reports will be provided daily to the Phoenix observation staff. Key team members associated with this task: Craig Prentice (Oakridge Geoscience). THE FOLLOWING EFFORTS ARE IN THIS TASK: •Observation and materials testing based on 10 observation visits at an average of 3 hours per visit. •Laboratory testing of the materials used in the construction work. •Compilation of final observation report and materials results from the testing. Deliverable: Materials testing reports will be electronically provided to Phoenix Civil Engineering for compilation and delivery to the City as part of Task 3.5. Fee Schedule •The fee for the construction phase services phase of this project shall be billed as time and materials, not to exceed $58,385.00. Task 3.1 Team Coordination Meeting and Project Data Review $5,070 Task 3.2 Preconstruction Meeting $3,580 Task 3.3 Submittal Review $7,795 Task 3.4 Construction Management Assistance $35,030 Task 3.5 Record Drawings and Project Closeout $6,910 Task 3.6 Materials Testing (optional) $TBD Assumptions •The City will be responsible for payment of any fees associated with any required permits, regulatory inspections, or filings. •Contractor will record changes and maintain a set of construction red line plans. DWG files (CAD) will be provided for record drawings, if these are not provided, PDF plans will be annotated via text callouts. •The project duration is 100 Working Days. Work beyond standard industry work times (M-F) 7-4 or 8-5 will incur overtime expenses. Holiday work will be at a negotiated rate. •12 submittals will be reviewed two times total. •This proposal includes up to 4 change order process requests. •Materials testing can be added for a negotiated fee. •Subconsultants, if needed, will be marked up by 10%. 227 Phoenix Civil Engineering, Inc. 535 E. Main St, Santa Paula, CA 93060 805.658.6800 Professional Services Hourly Rate Sheet 2019-20 Engineering Principal Engineer $165 Resident Engineer $150 Professional Engineer $150 Associate Engineer II $140 Associate Engineer I $130 Assistant Engineer $105 CADD Senior Designer $120 Assistant Designer $100 General Construction Manager $145 Construction Observer $105 Technical Assistant $85 Clerical/Administrative Assistant $55 Costs associated with printing and computer time are calculated in the rates. Large quantities of printing (multiple sets of specifications, reports, etc.) will be billed at the actual rate without markup. Subconsultants will be marked up by 10%. 228