HomeMy WebLinkAboutAGENDA REPORT 2020 0115 REG CCSA ITEM 10LCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 15, 2020
ACTION Approved staff recommendation.
BY B.Garza.
L. Consider Professional Services Agreement Between the City of Moorpark and
Tetra Tech, Inc. for Construction Administration Support Services for the Los
Angeles Avenue Median Project (C0026). Staff Recommendation: 1) Approve the
Professional Services Agreement with Tetra Tech, Inc. in the amount of $65,810,
and authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager; and 2) Authorize the City Manager to amend the
Agreement in an amount not-to-exceed $6,581 (10%), if and when the need
arises for additional work. (Staff: Daniel Kim)
Item: 10.L.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, Senior Civil Engineer
DATE: 01/15/2020 Regular Meeting
SUBJECT: Consider Professional Services Agreement Between the City of
Moorpark and Tetra Tech, Inc. for Construction Administration
Support Services for the Los Angeles Avenue Median Project
(C0026)
SUMMARY
On April 2, 2014, the City Council approved an Agreement for Professional Services
with Tetra Tech, Inc., in an amount not to exceed $49,942, to provide final engineering
and design services for the Los Angeles Avenue Median Project (C0026). The
proposed improvements include raised medians, landscaping, irrigation, and striping
improvements along Los Angeles Avenue, between the State Route 23 Interchange and
Spring Road. Subsequent to the original contract agreement, there have been four
contract amendments to augment Tetra Tech’s original scope of work to comply with the
State’s design review and requirements.
Tetra Tech, Inc. fulfilled its contract obligation to provide final engineering and design
services and city staff obtained Caltrans approval and an Encroachment Permit. Staff is
now ready to move on to the construction phase of the project and will need
Construction Administration support services from Tetra Tech, Inc. during the bidding
and construction phases of project. Tetra Tech has provided a cost proposal for
Construction Administration support services and a professional services agreement is
attached for the City Council’s consideration for review and approval.
BACKGROUND
On April 2, 2014, the City Council approved an Agreement for Professional Services
with Tetra Tech, Inc., in an amount not to exceed $49,942, to provide final engineering
and design services for the Los Angeles Avenue Median Project (C0026) and to obtain
an Encroachment Permit from Caltrans for construction of the proposed improvements.
Item: 10.L.
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01/15/2020 Regular Meeting
Page 2
The proposed improvements include raised medians, landscaping, irrigation, and
striping improvements along Los Angeles Avenue, between the State Route 23
Interchange and Spring Road.
The plan design and review process with Caltrans required four amendments to the
City’s contract agreement with Tetra Tech, Inc. Amendment No. 1, executed on
October 22, 2014 and in the amount of $16,173, was for additional traffic analysis at Los
Angeles Avenue/Market Place and Los Angeles Avenue/Miller Parkway intersections.
Amendment No. 2, executed on October 14, 2016 and in the amount of $33,885, was
for the analysis and design of additional storm drainage infrastructure improvements
along Los Angeles Avenue. Amendment No. 3, executed on March 1, 2018 and in the
amount of $32,520, was to update all lane configurations to the current Highway Design
Manual standards, address all outstanding Caltrans review comments, and prepare
engineered traffic control plans as part of the encroachment submittal. Amendment
No. 4, executed on September 10, 2019 and in the amount of $1,444, was to design a
minor roadway widening to accommodate the final geometry of the proposed median
islands.
Tetra Tech, Inc. completed all plan revisions and city staff obtained Caltrans approval
and an Encroachment Permit. Tetra Tech, Inc. has fulfilled its contract obligation to
provide final engineering and design services. Staff is now ready to move on to the
construction phase of the project and will need Construction Administration support
services during the construction of the Los Angeles Avenue Median Project.
DISCUSSION
Public Works staff is preparing final construction and bid documents and will be
presenting to the City Council for review and approval in the coming weeks. Once the
Council approves the final construction documents, staff will request authorization to
solicit bid proposals from qualified construction contractors. As part of final plan and bid
document preparations, Construction Administration support services are needed from
the Engineer of Record. This is separate and distinct from Construction Management
services.
Staff received a proposal from Tetra Tech, Inc. to provide ongoing Construction
Administration support services with the following scope of work: bid support services,
shop drawing submittal review, answering Requests for Information from the field,
providing design support services, review and processing of construction contract
change orders, and final As-Built Drawings. Tetra Tech’s cost proposal for Construction
Administration support services is $65,810 and will be managed on a Time and
Materials basis. This proposal, if accepted by the City Council, will be a new
Professional Services Agreement. Please see Attachment for the Professional Services
Agreement and cost proposal for consideration.
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Page 3
Staff reviewed Tetra Tech’s proposal and determined that the scope of work and level of
effort required to provide the requested service is reasonable. At this time, the
construction cost estimate for the project is $1,370,000. The Construction
Administration support service cost proposal is approximately five percent (5%) of the
construction cost estimate and is within industry norm. Actual construction costs will be
obtained when staff receives bid proposals from construction contractors.
FISCAL IMPACT
As of June 30, 2019, the project’s remaining appropriations total $1,725,262.44 (2014-
311-C0026-55200 Infrastructures - $1,700,000 and 2014-311-C0026-55300 Capital
Professional Services - $25,262.44). There is sufficient funding appropriated to the
project to fund this service.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 2, Goal 3, Objective 3 (2.2.3):
“Obtain Caltrans approval for phased construction of a raised median on Los Angeles
Avenue from Spring Road to SR 23 Freeway by December 30, 2019.”
STAFF RECOMMENDATION
Staff recommends the following:
1. Approve the Professional Services Agreement with Tetra Tech, Inc. in the
amount of $65,810, and authorize the City Manager to sign the Agreement,
subject to final language approval of the City Manager; and
2. Authorize the City Manager to amend the Agreement in an amount not-to-exceed
$6,581 (10%), if and when the need arises for additional work.
Attachment: Professional Services Agreement
841
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND TETRA TECH, INC. FOR
CONSTRUCTION ADMINISTRATION SERVICES FOR THE
LOS ANGELES AVENUE MEDIANS PROJECT, C0026
THIS AGREEMENT, made and effective as of this _____ day of
________________________, 2020, between the City of Moorpark, a municipal corporation
(“City”) and Tetra Tech, 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 construction administration services for the Los
Angeles Avenue Median Project (C0026); and
WHEREAS, Consultant is the Engineer of Record; 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 November 21,
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 the completion
of 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 construction administration services, 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 Sixty-Five Thousand Eight Hundred Ten dollars ($65,810) 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
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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 Dan Helt, P.E., P.L.S., 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 Sixty-Five
Thousand Eight Hundred Ten dollars ($65,810) 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.
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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 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 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
There are no liquidated damages under this Agreement.
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
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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 three (3) 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),
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
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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.
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
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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
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
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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: Dan Helt, P.E., P.L.S.
Project Manager
Tetra Tech, Inc.
711 Tank Farm Road, Suite 110
San Luis Obispo, CA 93401-8744
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.
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.
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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. 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.
25. 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.
26. 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.
27. 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.
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28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK TETRA TECH, INC.
__________________________________ __________________________________
Troy Brown, City Manager Dan Helt, P.E., P.L.S.
Project Manager
Attest:
__________________________________
Ky Spangler, City Clerk
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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
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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
$2,000,000 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.
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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.
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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
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Tetra Tech, Inc. Page 14 of 15
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.
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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.
__________________________________
______________________
Date
856
Tetra Tech, Inc.
711 Tank Farm Road, Suite 110, San Luis Obispo, CA 93401-8744
Tel 805.542.9052 Fax 805.542.92542 www.tetratech.com
November 21, 2019
Mr. Daniel Kim, PE
Senior Civil Engineer
City of Moorpark
Public Works Department
Moorpark, CA 93021
Reference: Design Support Services During Construction for Los Angeles Avenue Raised
Median and Landscaping Project, Phase 1
Dear Mr. Kim:
Tetra Tech appreciates the opportunity to submit our proposal to provide professional consulting
services for the Los Angeles Avenue Raised Median and Landscaping Project, Phase 1 Design Support
Services during construction. The design engineers and Engineers of Record from Phase 1 will
continue to support the City through the entire construction and commissioning phase of the project.
Tetra Tech will provide design support services during the construction phase of the Los Angeles
Raised Median and Landscaping Project, Phase 1 and will be on hand to assist the City with office
support, including: shop drawing submittal review, assisting with Requests for Information (RFI), and
making changes to the plans in the event a change order is processed or a change in the design is
desired.
A more detailed description of the typical approach that has proven successful for Tetra Tech on past
projects is presented below.
Background and Location
The Los Angeles Avenue Raised Median Project consists of adding a raised centerline landscaped
median to Los Angeles Avenue between Spring Road and White Sage Road in Moorpark, CA. The
project will include striping for parts of Los Angeles Avenue and the construction of the medians, curb
ramps, storm drain pipes, and inlets.
SCOPE OF SERVICES:
Tetra Tech will provide design support services during the construction phase of the Lakewood
Stormwater and Runoff Capture Project and will be on hand to assist the City with office support,
including: shop drawing submittal review, assisting with Requests for Information (RFI), and making
changes to the plans in the event a change order is processed or a change in the design is desired.
Task 1 – Project Specifications
Tetra Tech will prepare and submit a Proposed Schedule of Work and Prices Sheet (Bid Sheet). The
Bid Sheet will include applicable bid items, item description, units, and quantities and will be
completed to a level that is ready for bidding. It is assumed that the City will complete the front-end
Contract Documents and insert the bid sheet into the applicable section of the City prepared front-end
documents.
Our team will review the City of Moorpark Department of Public Works Standard Specifications for
applicable changes in the referenced specifications and/or any obsolete references that will need to be
revised. Following coordination with the City, our team will prepare a final set of Special Provisions
Exhibit C
857
Mr. Daniel Kim, Senior Civil Engineer
Los Angeles Avenue Raised Median and Landscaping Project, Phase 1
November 21, 2019
Page 2
to incorporate project specific additions or revisions into the Standard Specification for this project.
The special provisions will be prepared in Greenbook format and be prepared to a level that is ready
for bidding.
Task 2 – Construction Bid Support
During the Bid Phase of the project, Tetra Tech will provide construction bid support to the City. We
will attend a city-led pre-bid meeting at the City’s designated location to assist the City in providing
general and detailed project background and answer questions from bidders that are in attendance.
Following the pre-bid meeting, we will prepare answers to additional questions and requests for
information (RFIs) received from bidders during the bid phase, for distribution by the City. Tetra tech
will prepare one addendum, if necessary, to modify the bid documents, construction drawings and
specs as needed.
Upon receipt of bids at the City’s designated location, Tetra Tech will review the three (3) apparent
lowest bidders to verify that the bids satisfy the bid requirements and make an award recommendation
to the City. A total of 37 hours have been allocated to this task.
Task 3 – Materials Submittal
Tetra Tech will review shop and work drawings of fabricated and manufactured equipment forwarded
to us by the City, for substantial conformity with the intent of the contract documents. Ten (10) to
fifteen (15) calendar days is scheduled from receipt by the team to date of return of the reviewed
submittal copies. The level of effort required for this task depends on the number of submittals to be
reviewed, the quality of those submittals, and the number of resubmittals required.
The level of effort for this task is based on an assumption of forty (40) submittals and twenty (20)
re-submittals, with an average level of effort of approximately two (2) hours per submittal for the
initial submittal and one (1) hour for the resubmittals. The total allowance for reviewing submittals
is 100 labor-hours.
Task 4 – Assist with RFIs, Technical Related Issues, Change Orders, and Plan Corrections
Contractor-generated Requests for Information (RFIs) will be submitted to the City of Moorpark.
Tetra Tech will review and respond to RFIs submitted to it by the City. Although the time required
to respond to a particular request for clarification varies greatly, the estimated level of effort for this
task assumes thirty (30) RFIs at four (4) hours each for a total of 120 labor-hours. Our team will
assist the City with the preparation of change orders and plan clarifications. A total of 80 labor-
hours is budgeted.
Task 5 – Construction Kick Off and Site Meetings
Our team will attend a one-day pre-bid meeting, a one-day construction kick off meeting, and a one-
day site meeting to be held with the successful construction Contractor, City personnel, and other
relevant personnel. Tetra Tech will take notes and produce meeting minutes, as appropriate, to be
provided to the City of distribution.
858
Mr. Daniel Kim, Senior Civil Engineer
Los Angeles Avenue Raised Median and Landscaping Project, Phase 1
November 21, 2019
Page 3
Task 6 – As-Built Plans
Following receipt by Tetra Tech of the City-approved marked set of drawings form the Contractor
after construction is complete, our team will incorporate all changes noted on the marked set within
60 days following receipt of the Contractor’s marked set. The budget is based on changes to up to
28 sheets at 2 hours per sheet for preparation of the As-Built Drawings, a total of 56 hours.
LABOR AND FEE ESTIMATE
Our detailed fee summary is attached as Exhibit “A”. We are prepared to complete the work on a
Time and Materials (T&M) basis, as summarized below. The fees presented are to provide design
support services during the construction phase for the Los Angeles Avenue Raised median and
Landscaping Project, Phase 1.
TASK DESCRIPTION AMOUNT
1 Project Specifications $ 4,080
2 Construction Bid Support $ 5,270
3 Materials Submittal $ 17,575
4 Request for Information (RFIs) and Review Change Orders $ 25,475
5 Construction Kick Off and Site Meetings $ 5,940
6 AS-built Drawings $ 7,470
Total Tasks 1-6 $65,810
Thank you for the opportunity to submit this proposal and we look forward to continuing our services
for the City of Moorpark. Please feel free to contact Dan Helt if you have questions or requests for
additional information at (805) 542-9052 or dan.helt@tetratech.com.
Sincerely,
Dan Helt, P.E., P.L.S
Program Manager
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