HomeMy WebLinkAboutAGENDA REPORT 2020 0513 SPC CC ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 13, 2020
ACTION Approved staff recommendation,
as amended.
BY B.Garza.
B. Consider Request for Proposal for Municipal Engineering Services. Staff
Recommendation: Approve the Request for Proposal subject to final language
approval of the City Manager and authorize staff to advertise for proposals.
(ROLL CALL VOTE REQUIRED) (Staff: Shaun Kroes)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director
BY: Shaun Kroes, Program Manager
DATE: 05/13/2020 Special Meeting
SUBJECT: Consider Request for Proposal for Municipal Engineering Services
BACKGROUND AND DISCUSSION
On March 18, 2009, the City Council approved entering into an Agreement with RJR
Engineering for Municipal Engineering Services. Prior Municipal Engineering Services
were provided by Charles Abbott Associates, Inc. Municipal Engineering Services
covers a wide array of tasks, though the primary functions are to provide tract map and
plan check, construction inspection services, and geotechnical and geological reviews.
The current Agreement with RJR does not have an expiration date. After more than a
decade of not soliciting for proposals, City staff believes it is appropriate to request
proposals from potential firms to see what Public Works services are currently available
in the market. City staff is requesting approval to release the attached Request for
Proposal (RFP) for Municipal Engineering Services. The RFP includes several key
areas of service, including:
Development Engineering
Plan and Map Checking Review
Lot Line Adjustments
Land Development Inspection (Construction Observation)
Geology and Soils Engineering
Hydrology and Hydraulic, Storm Water Quality, and Storm Water Pollution
Prevention Plan Review
Assessment Engineering (as needed)
Encroachment Permits (as needed)
Capital Improvement Projects (optional)
Storm Water Inspection Services (optional)
Emergency Services (as needed)
Front Counter Assistant
City Engineer Services (optional)
Item: 9.B.
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Honorable City Council
05/13/2020 Special Meeting
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The draft RFP (attached) requests that the selected firm provide a part-time (30
hours/week) Front Counter Assistant. In addition to the tasks described above, the
Front Counter Assistant will also provide general assistance for other City divisions,
including parking enforcement, solid waste, street maintenance, storm water, transit,
and other projects that may occur from time-to-time. The Front Counter Assistant is
considered to be a general office assistant/entry level technician. Additionally, the RFP
leaves room for the option of using the selected Proposer to provide a position that
would serve as the City Engineer, should there ever be a need for the service.
The RFP’s Process tentative schedule is presently:
5/04: Present at Transportation and Public Works Standing Committee Meeting (at
5:00 p.m)
5/13: Present at City Council Meeting (at 6:30 p.m.)
5/14: Release RFP
6/03: Pre-Proposal Meeting
6/09: Deadline for Questions (at 4:00 p.m.)
6/16: City to Respond to All Questions (by 4:00 p.m.)
6/23: Proposals Due to Public Works Office (by 3:00 p.m. this is not a public bid
opening)
6/30: Proposal Interviews: 11:00 a.m. to 5:00 p.m.
7/15: Present Recommendation to Award to City Council
Proposers will provide two separately sealed packages:
1. Technical proposal (one original and four copies) and one thumb drive.
2. Fee Proposal
The City will only open a Proposer’s Fee Proposal if it has selected a Proposal based
on qualifications and the interview panel. All other Fee Proposals will be returned
unopened to the respective Proposer after an Agreement has been awarded to the
chosen Proposer. It should be noted that several of the services that the selected
Proposer would be working on are funded with fees that are established by City Council.
In these instances, the Proposer’s payment is already established by the City.
The Transportation & Public Works Standing Committee reviewed the RFP on May 4,
2020, and approved presenting the RFP to City Council for approval to release. During
the meeting the Committee expressed the need to ensure that projects are processed in
a timely fashion and that customer service is considered a priority. The Committee was
also interested in how technology could be used to assure timeliness. Staff has added
language to the RFP, specifically; Proposers are to include in their respective
“Statement of Project Understanding” a description of any technology-based
applications or software programs that are used to track projects that are under review.
They are also to provide turn-around times for current projects that they have reviewed.
Proposers are also asked to describe how they manage providing excellent customer
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Honorable City Council
05/13/2020 Special Meeting
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service to both project applicants as well as ensuring that project applicants adhere to
applicable requirements.
FISCAL IMPACT
There is sufficient funding available in the current adopted budget for the estimated
$600 for advertising services with the Ventura County Star and other publications.
Advertisements will be paid for with General Fund (1000) with expense line 1000-310-
00000-52020.
COUNCIL GOAL COMPLIANCE
This action does not support a current specific strategic goal and objective.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Approve the Request for Proposal subject to final language approval of the City
Manager and authorize staff to advertise for proposals.
Attachment: Municipal Engineering Services RFP
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ATTACHMENT
1
CITY OF MOORPARK
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL (RFP)
FOR
MUNICIPAL ENGINEERING SERVICES
JANICE PARVIN, MAYOR
CHRIS ENEGREN, COUNCILMEMBER
ROSEANN MIKOS, Ph.D., COUNCILMEMBER
DAVID POLLOCK, COUNCILMEMBER
KEN SIMONS, COUNCILMEMBER
TROY BROWN
-CITY MANAGER-
SEAN CORRIGAN, P.E.
-CITY ENGINEER/PUBLIC WORKS DIRECTOR-
Release Date
May 14, 2020
Proposal Submission Deadline
June 23, 2020
Proposals are due by 3:00 p.m.
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NOTICE INVITING REQUESTS FOR PROPOSAL
FOR
MUNICIPAL ENGINEERING SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark (City) as Agency,
invites sealed proposals for the above stated project and will receive such proposals in
the Public Works Department, 799 Moorpark Avenue, Moorpark, California, 93021 up t o
the hour of 3:00 p.m. on June 23, 2020.
PRE-PROPOSAL MEETING. There will be a pre-proposal conference at the Moorpark
Civic Center, 799 Moorpark Avenue, Moorpark, CA 93021 on June 3, 2020 at 1:30 p.m.
Attendance is not mandatory, but is encouraged. If prior to the meeting a Stay Well At
Home Order and/or social distancing requirements/recommendations are still in place,
the City will establish a call-in or webcast format. Interested parties should contact the
Public Works Administrative Assistant II at 805-517-6257 or kvalencia@moorparkca.gov
for the latest information.
PROPOSAL PROCESS. Proposals shall be prepared on the approved Proposal Forms
along with additional information requested in conformance with the Instructions to
Proposers and submitted in the following format:
1. Envelope/Package 1: Technical proposal (one original and four copies) and one
thumb drive. Package shall be marked “MUNICIPAL ENGINEERING SERVICES
TECHNICAL SUBMISSION – DO NOT OPEN WITH REGULAR MAIL.”
2. Envelope/Package 2: Fee Proposal. Package shall be marked “MUNICIPAL
ENGINEERING SERVICES FEE PROPOSAL SUBMISSION – DO NOT OPEN
WITH REGULAR MAIL."
This RFP does not commit the City to award an Agreement, nor pay for any costs
incurred in the preparation of a proposal for this request. The City reserves the right to
accept or reject any or all proposals received as a result of this RFP, to negotiate with
any qualified firm or to modify or cancel in part or in its entirety the RFP if it is in the best
interests of the City to do so. Proposals will remain valid for ninety (90) days while the
City reviews.
PROPOSER INTERVIEWS. The City anticipates inviting Proposers to participate in an
Oral Presentation/Interviews on June 30, 2020. During the interview, Proposers will be
required to have staff present that will serve as the Principal Engineer and Construction
Inspector for the City. The specific time of interviews will be determined based on the
number of proposals received.
Proposal Packets are available at:
Moorpark City Hall
799 Moorpark Avenue
Moorpark, CA 93021
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Proposal Packets are available for downloaded from the City’s website at
http://www.moorparkca.gov/Bids.aspx; also at www.mygovwatch.com.
All questions relating to this RFP should be addressed in writing to the City’s Project
Representative: Sean Corrigan, City Engineer/Public Works Director by e-mail
scorrigan@moorparkca.gov.
The deadline for questions is June 9, 2020 at 4:00 p.m. All questions will be recorded
and submitted, with answers, to all known Proposers by 4:00 p.m., June 16, 2020.
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TABLE OF CONTENT
I. Introduction 5
II. Overview of Municipal Engineering Services 5
III. Proposal Content/Format for Submitted Technical Proposal 6
IV. Fee Proposal 8
V. Proposal Evaluation and Selection 8
VI. General Proposal Terms and Conditions
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non-Commitment of City
G. Insurance Endorsement
H. Subcontractor Approval
I. Addenda
9
VII Proposal Checklist 11
EXHIBITS
A. Proposal Checklist
B. Scope of Services
C. Consultant Costs and Fees
D. Rent, Overhead and Maintenance
E. Sample Agreement
F. Insurance Requirements
F-1. Sample Endorsement
F-2 Sample Waiver of Transfer of Rights of Recovery Against Others to
Us
G. Scope of Work Requirements for Professional Services Agreement
H. Fees and Deposits
I. Engineering Fees
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I. Introduction
The City of Moorpark (City) is soliciting proposals from qualified engineering firms to
provide municipal engineering services. Generally, services include development
engineering, plan and map check reviews, land development inspection services, lot
line adjustment plan reviews, geology and soils engineering, assessment engineering,
and potentially encroachment permitting/inspection and capital improvement projects.
The City of Moorpark (City) is approximately 12 square miles, with a population of about
37,000. The City operates under the Council/City Manager form of government.
Engineering services is a part of the Public Works Department, which is currently
overseen by the City Engineer/Public Works Director. The Public Works Department
includes the following divisions:
Public Works Administration
Crossing Guards
Parking Enforcement
Engineering
Storm Water
Street Maintenance
Street Lighting
Public Transit
Animal/Vector Control
The City currently has a number of land development projects that are in various stages
of progress. The City prides itself in being both detail oriented and customer-service
oriented.
II. Overview of Municipal Engineering Services
Proposers should refer to Exhibit B: Scope of Services for a complete list of required
and potential services expected to be provided. A general summary of items are
detailed below.
Provide plan review of plans submitted for planning or zoning review for public
works issues. This may include conceptual or preliminary plans, architectural
plans, site plans, and preliminary grading plans.
Provide plan review of plans submitted for planning or zoning review for public
works issues.
Provide review of projects submitted under the Subdivision Map Act and related
provisions of the City’s Municipal Code. This includes but may not be limited to
tentative and final maps, lot mergers, lot line adjustments, certificates of
compliance, dedications, vacations and easements.
Attend meetings with City staff, public officials, developers, contractors, and the
public as needed.
Attend Commission and City Council meetings as needed.
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May provide design and project construction and contract management services
for public works projects and other select capital improvement projects.
Advise City staff as to grants or other funding available for public works projects
and, when so directed, initiate and prepare applications for such funding of
grants.
Coordinate, consult, and provide input to other departments and agencies as
may be required.
Provide emergency services as necessary.
Provide general consulting and technical advice.
May provide infrastructure design, construction and/or operation.
May provide assistance with the capital improvement program.
May review and certify design plans, specifications and cost estimates for City
capital projects.
Perform the lead role in the engineering review, coordination and technical
administration of assessment districts and bond issue projects to provide
coordinated and cost-effective projects.
Review private development construction plans, mapping and projects for
compliance with City adopted design standards, subdivision standards and UBC
and related work as required.
Provide a part-time (30 hours per week) staff person to provide assistance with
front counter service and coordinate the completion of various municipal
engineering services as well as general assistance for other City divisions,
including parking enforcement, street maintenance, solid waste, storm water,
transit, and other projects that may occur from time-to-time.
May assist the City in the design, management, construction management,
inspection, administration and processing of federal and state-funded projects.
May assist the City with processing grant applications.
May provide miscellaneous engineering tasks, feasibility studies, investigations,
and other duties as directed by the City.
May serve as the City Engineer.
III. Proposal Content/Format for Submitted Technical Proposal
The Technical Proposals shall be submitted in the format specified below:
A. Table of Contents.
B. Cover Letter - This letter should be on company letterhead and addressed to the
City with a statement of the Proposer’s basic understanding of the City’s needs.
The names, the business address and telephone numbers of Proposer’s firm’s
officers, directors and associates along with the names and addresses of any
parent or subsidiary of Proposer’s company. Information should describe the
nature of the work and the line of authority of these individuals as they relate to
this project. Please clearly state which services within the scope Proposer’s firm
proposes to provide and which services will be subcontracted (if any). Include
the name, office address, email, and telephone number of Proposer’s primary
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point of contact. As appropriate, also include the names and qualifications of
subcontractors and/or associates that will assist on this project.
C. Statement of Project Understanding - Describe Proposer’s understanding of the
project, scope of work, and describe Proposer’s approach in providing services.
Proposer should provide information on any specific software
programs/technology-based applications that are used to keep track of projects
that are under review. Proposer should also provide current response times
(“turn-around times”) for submitted projects. For example, if Proposer currently
performs plan check reviews, how many working days does the Proposer take to
provide the first plan check (assuming complete plans are submitted by an
applicant)? How does the Proposer provide excellent customer service to both
project applicants while also ensuring that project applicants adhere to applicable
requirements?
D. Project Team, Key Personnel and Resumes - provide an organization chart
showing the names and responsibilities of key personnel and subconsultants.
Provide resumes of all key personnel identified in the organization chart. Please
be sure to note which of the Proposer’s staff will serve as the Front Counter
Assistant, Construction Inspector, Principal Engineer and who would serve as
City Engineer (if different from Principal Engineer) if requested by the City.
Please refer to Exhibits B (Scope of Services) and C (Consultant’s Costs and
Fees) for further details concerning the Front Counter Assistant and City
Engineer positions.
E. Company Qualifications - Provide qualifications of Proposer’s firm, emphasizing
similar services provided and local experience.
F. References - Provide five (5) references for similar projects.
G. Litigation - Provide a list of any pending or previous litigation over the past five
(5) years related to Proposer’s firm’s work, and the outcome of any closed claims
or cases.
H. Professional Services Agreement - The RFP includes Exhibit E – Professional
Services Agreement, which will be executed by the selected consultant.
Proposers shall review the Agreement and provide a statement that they will
comply with all aspects of the Agreement or provide any comments that they
would like the City to consider.
I. Presence at City Hall – Please note that the selected Proposer will be required to
provide a staff person at City Hall to provide front counter services. The City may
also request that the selected Proposer provide a City Engineer presence at City
Hall as well. Exhibit D to this RFP provides the monthly rent, overhead and
maintenance costs that selected Proposer would be required to pay. Proposer to
acknowledge the City Hall presence; that they agree to pay the monthly rates;
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and note the staff that they propose to have present at City Hall. Proposer may
include multiple staff if they intend to alternate staff.
J. Proof of insurance: Proposers must submit a copy of their current certificate of
insurance (COI) with their proposal. If the COI does not include the required
coverage and minimum limits as specified in the RFP, Proposers must also
submit a letter from their insurance provider stating the provider’s commitment to
insure the Proposer, if awarded an agreement, for the types of coverage and at
the limits specified in the RFP.
K. Addenda Acknowledgement: If any Addenda are issued by the City, Proposers
shall include an acknowledgement of receiving such Addenda and their
agreement with the terms and conditions stated in such Addenda. If no Addenda
are issued, Proposers shall state so in this section.
IV. Fee Proposal
In a separate envelope, provide a compensation schedule for the services to be
provided. Provide an hourly compensation schedule for all personnel that may
provide the services requested. Discuss any fee escalators for hourly rates, such
as an annual CPI adjustment. Include any markups for reimbursable items, such
as printing costs, mailing, material procurement, etc. Note that some services
that Proposer would provide are compensated based on fees established by the
Moorpark City Council. Refer to Exhibits B (Scope of Services), C (Costs and
Fees), G (City Fees and Deposits) and H (Engineering Fees) for service
compensation amounts.
The Fee Proposal should be provided in a sealed envelope and marked on the
outside of the envelope “MUNICIPAL ENGINEERING SERVICES FEE
PROPOSAL SUBMISSION – DO NOT OPEN WITH REGULAR MAIL”
Submit proposal to: City of Moorpark
Public Works Department
Attn: Sean Corrigan
799 Moorpark Avenue
Moorpark, CA 93021
Please note that the City will only open a Proposer’s Fee Proposal if it has
selected a Proposal based on qualifications and the interview panel. All other
Fee Proposals will be returned unopened to the respective Proposer after an
Agreement has been awarded to the chosen Proposer.
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
JUNE 23, 2020.
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V. Proposal Evaluation and Selection
The Proposal must be sealed and received by the City up to the hour of 3:00 p.m. on
the 23rd day of June, 2020. Proposals received after the time and date specified above
will not be considered and will be returned unopened. The City anticipates inviting
Proposers to participate in an Oral Presentation/Interview on June 30, 2020. During the
interview, Proposers will be required to have staff present that will serve as the Principal
Engineer and Construction Inspector for the City. The specific time of interviews will be
determined based on the number of proposals received.
All proposals received shall be evaluated with the emphasis placed on:
1. Proposal Content and Format (5%)
- Proposal formatted per Part III of RFP
2. Consultant Experience (30%).
- Qualifications and relevant experience of Consultant and subconsultant
personnel.
3. Consultant Presentation (30%).
- How Consultant presents itself to the review committee.
4. Consultant’s Capabilities (35%).
- Demonstrated capability on similar or related projects.
- Methods to be used in the performance of civil engineering tasks.
- Approach to maintaining quality of work and cost control.
- Commitment to availability of personnel assigned to the contract for task
order work on short notice.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor shall be rejected.
The Proposer is advised that should this RFP result in recommendation for award of an
Agreement, the Agreement shall not be in force until it is approved and fully executed by
the City.
All products used or developed in the execution of any Agreement resulting from this
RFP shall remain in the public domain at the completion of the Agreement.
Any Agreement awarded as a result of this RFP shall be awarded without discrimination
based on race, color, religion, age, sex, or national origin.
VI. General Proposal Terms and Conditions
A. Agreement Requirement - Any Agreement resulting from this RFP will be
awarded to a firm whose Proposal meets the technical requirements of the RFP
and is evaluated as the highest rank proposal. Proposals will be ranked in
accordance with the evaluation criteria stated in this RFP. Negotiations
regarding a fair and reasonable price will occur subsequent to consultant
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selection. Should the City be unable to obtain a fair and reasonable price
through negotiations with the highest qualified proposer, the City shall enter into
negotiations with the next highest qualified proposer and may award that
agreement if the parties are able to arrive at a fair and reasonable price. If that is
unattainable, the City shall enter into negotiations with the next highest qualified
proposer in sequence until an agreement is reached.
The Proposer to whom the Agreement is awarded shall execute a written
Agreement with the City within ten (10) calendar days after notice of the award
has been sent by mail to the Contractor at the address given in the proposal. The
Agreement shall be made in the form approved by the City and incorporated in
this RFP as Exhibit E. Any exceptions, concerns, or requests to modify the
Agreement must be provided in writing and submitted with the Contractor’s
proposal (see Section III.H. above). The Contractor warrants that it possesses,
or has arranged through subcontracts, all capital and other equipment, labor and
materials to carry out and complete the work hereunder in compliance with all
applicable federal, state, county, and City laws, ordinances, statutes and
regulations.
B. Communications Regarding RFP - If a Proposer is in doubt as to the meaning or
intent of any part of the RFP, or discovers discrepancies in or omissions from the
RFP, it may submit a written request for an interpretation or correction thereof to
the City Engineer/Public Works Director, Sean Corrigan, City of Moorpark.
Interpretation or correction of the RFP shall be made only by addendum duly
issued by the City. A copy of any such addendum shall be mailed or delivered to
each person receiving the RFP, and such addendum shall be considered a part
of the RFP and shall be incorporated therein. All timely requests for information
submitted in writing by June 9, 2020, at 4:00 p.m., shall receive a written
response from the City. Telephone communications with members of City staff
are not encouraged, but will be permitted. However, any such oral
communication shall not be binding on the City.
C. Modification or Withdrawal of Submittals - Any proposal received prior to the date
and time specified for receipt of proposals may be withdrawn or modified by
written request of the prospective contractor. To be considered, however, the
modified proposal must be received by the time and date originally specified.
D. Property Rights - Proposals received within the prescribed deadline become the
property of the City and all rights to the contents therein become those of the
City.
E. Confidentiality - Prior to award of the Agreement, all proposals shall be
designated confidential to the extent permitted by the California Public Records
Act. After award of the Agreement, or if not awarded, after rejection of all
proposals, all responses shall be regarded as public records and shall be subject
to review by the public. Any language purported to render confidential all or
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portions of the proposals shall be regarded as non-effective and shall be
disregarded.
F. Non-Commitment of City - This RFP does not commit the City to award an
agreement, to pay any costs incurred in the preparation of a proposal responding
to this request, or to procure or contract for services. The City reserves the right
to accept or reject any or all proposals received as a result of this request, to
negotiate with any qualified firm, or to modify or cancel in part or in its entirety the
RFP, if it is in the best interest of the City to do so.
G. Insurance Endorsement - Contractor’s attention is directed to Exhibit F’s
insurance requirements. The City requires Contractor to endorse the third party
general liability coverage required to include as additional insureds the City, its
officials, employees and agents, using standard ISO endorsement CG 20 10
(ongoing operations) and CG 20 37 (completed operations), or equivalent.
Sample endorsements for general liability insurance are provided in Exhibit F-1.
Contractor’s attention is also directed to Exhibit F-2 “Waiver of Transfer of Rights
of Recovery Against Others to Us”. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. By submitting a proposal, Contractor is confirming Contractor can
comply with the City’s insurance requirements.
H. Subcontractor Approval - Unless prior written consent from the City is obtained,
only those subcontractors whose names appear in Contractor’s proposal shall be
used in the performance of this Agreement.
I. Addenda – The City may, from time to time, issue Addenda to the RFP.
Proposers are responsible for ensuring that they have received any and all
Addenda. Each Proposer is responsible for verifying that it has received all
Addenda issued, if any. Proposers must acknowledge receipt of all Addenda, if
any, in their proposals. Failure to acknowledge receipt of all Addenda may cause
a Proposal to be deemed incomplete and non-responsive.
VII. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. The proposal will be considered “Exhibit A” to the City’s
Agreement if awarded to the Proposer. Proposer may include additional materials as
necessary. The proposal must include the following:
1. Answers to Part III: A through K
2. Proposer’s Fee Proposal as described in Part IV
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Proposal to be submitted in the following format:
1. Envelope/Package 1: Technical Proposal (one original and four copies) and one
thumb drive. Package shall be marked “MUNICIPAL ENGINEERING SERVICES
TECHNICAL SUBMISSION – DO NOT OPEN WITH REGULAR MAIL.”
2. Envelope/Package 2: Fee Proposal. Package shall be marked “MUNICIPAL
ENGINEERING SERVICES FEE PROPOSAL SUBMISSION – DO NOT OPEN
WITH REGULAR MAIL."
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EXHIBITS
EXHIBIT A – PROPOSAL CHECKLIST
EXHIBIT B – SCOPE OF SERVICES
EXHIBIT C – CONSULTANT COST AND FEES
EXHIBIT D – RENT, OVERHEAD AND MAINTENANCE
EXHIBIT E – SAMPLE AGREEMENT
EXHIBIT F – INSURANCE REQUIREMENTS
EXHIBIT F-1: SAMPLE ENDORSEMENT
EXHIBIT F-2: SAMPLE ENDORSEMENT WAIVER OF SUBROGATION
EXHIBIT G – SCOPE OF WORK REQUIREMENT FOR PROFESSIONAL SERVICES
AGREEMENT
EXHIBIT H – FEES AND DEPOSITS
EXHIBIT I – ENGINEERING FEES
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EXHIBIT A
PROPOSAL CHECKLIST
All of the following items must be included in the submitted proposal in order to be
considered complete. The proposal will be considered “Exhibit A” to the City’s
Agreement if awarded to the Proposer. Proposer may include additional materials as
necessary. The proposal must include the following:
1. Answers to Part III: A through K
2. Proposer’s Fee Proposal as described in Part IV
Proposal to be submitted in the following format:
1. Envelope/Package 1: Technical Proposal (one original and four copies) and one
thumb drive. Package shall be marked “MUNICIPAL ENGINEERING SERVICES
TECHNICAL SUBMISSION – DO NOT OPEN WITH REGULAR MAIL.”
2. Envelope/Package 2: Fee Proposal. Package shall be marked “MUNICIPAL
ENGINEERING SERVICES FEE PROPOSAL SUBMISSION – DO NOT OPEN
WITH REGULAR MAIL."
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EXHIBIT B
SCOPE OF SERVICES
FOR MUNICIPAL ENGINEERING SERVICES
A. DEVELOPMENT ENGINEERING
1. When requested by the City Manager or his/her designee, Consultant will attend
regular and special City Council and Planning Commission meetings and meetings
with City staff, public officials, community leaders, developers, contractors, and the
general public.
2. Consultant will provide to the City Manager or his/her designee, general comments
and/or conditions on private and public development applications, planning
programs and land development controls, including reports from other agencies.
3. When requested by the City Manager or his/her designee, Consultant will provide
general technical advice on engineering and public works activities.
4. Consultant will advise the City as to development engineering and construction
financing available from other governmental agencies.
5. Consultant will establish working relationships and coordination with all other
public agencies and private utilities involving engineering matters affecting the
City.
6. When required, Consultant will analyze City's general needs and make general
recommendations pertaining to long and short-range maintenance and
improvement programs consistent with the economic capabilities of the City.
7. When required, Consultant will provide general engineering consultation in
connection with problems such as construction traffic control, street signs, street
maintenance programs, flood control, etc.
8. When necessary, Consultant will review and provide general comments on
development regulations, development fees and ordinances pertaining to
engineering matters.
9. Consultant will provide comments pertaining to controls on land development
projects including, but not limited to scope of work on proposed General Plan
amendments and updates to various elements, Subdivision Map Act revisions, and
revisions to the City’s Subdivision Ordinance.
10. Consultant will assemble and maintain on-site, at the City offices, such records as
are customarily maintained by a municipal engineering office for its contracted
functions. Such records shall at all times be the property of the City and shall be
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open for City inspection. Such records shall be organized and neatly filed in
accordance with normal engineering practices and filing standards established by
City. At a minimum, the files will be organized in a system that has been approved
by City and shall include one copy of the final approved or recorded map or site
plan, all correspondence on the project, a copy of the issued grading permit,
encroachment permit, sureties (such as bonds) and other pertinent material to the
development of the project as determined by the City Manager or his/her
designee. No destruction of original City records shall occur unless written
approval of the City is obtained in accordance with the requirements of State law
and established City Council policy.
11. Consultant will cooperate with and respond to inquiries from City and its
contractual firms for investigating claims against City and, as determined by City,
provide reports, statements and/or other requested information in a timely manner.
12. Provide assistance in the preparation for legal and/or actions related to
Development Engineering functions including attendance at closed sessions and
depositions, but excluding preparation for and attendance at court and arbitration
proceedings.
13. Provide assistance to City’s Code Compliance Division, when requested,
regarding compliance with grading requirements of the California Building Code.
14. Annually assist with the preparation of development engineering, public works and
capital improvements budgets.
15. Provide reports, documentation and analysis as requested by the City Manager or
his/her designee.
16. Respond to requests by City's internal and external auditors for information
regarding charges, fees, project costs or other services which are provided.
Consultant will maintain all records in conformance with generally accepted
accounting principles and the requirements on OMB Circular A-87.
17. On a weekly basis, maintain the Excel based Engineering Permit Monitor of the
status of all engineering services including, but not limited to development
projects, inspections, plan check status, and sureties. Consultant shall send
weekly electronic copies by email to all department heads, Director of Community
Development, the Assistant City Manager and the City Manager or his/her
designee.
18. Advise City on availability of grant funding applications from federal, state, and
regional agencies for traffic safety studies and improvements.
19. When Consultant has offices at City Hall, Consultant will provide computer
hardware and software consistent with the City’s network for each company
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employee to the satisfaction of the City Information Systems Division and the City
Manager or his/her designee.
B. PLAN AND MAP CHECKING (REVIEW)
Plans and supporting documents will be picked up by Consultant the first workday
following submittal to City. Consultant will provide City with plan check copies as
required in B.4. below. City will be responsible for delivery of plan check copies to the
permit applicant.
1. Consultant will review and check Final Maps, Parcel Maps, grading plans, and
soils reports for compliance with State Map Act, City ordinances, conditions of
approval, Development Agreements and sound engineering practices.
2. Consultant will check all improvement plans prepared by private developers for
facilities under the jurisdiction of the City.
3. Consultant will establish the required performance, labor and material bond
amounts and other development fees, and accept the fees and posting of such
sureties within the proper time sequence, as part of the development process.
4. Consultant shall sign maps when authorized by the City per Subdivsion Map Act
and Business and Professions Code if applicable.
5. All plans shall be ready for permit issuance at the conclusion of the third plan
check. The following minimum plan check turnaround times will apply:
a. First plan check: Within twenty (20) business days after submission of a
completed set of plans.
b. Second plan check: Within ten (10) business days after submission of
requested changes.
c. Third plan check: Within five (5) business days after submission of requested
changes.
Additional plan checks beyond the third plan check shall only be permitted when
approved in advance by the City Manager or his/her designee. Recovery of cost for
such plan check shall be at the billing rates shown in Exhibit C, Section 3 Recovery of
costs beyond the fourth plan check may be reduced to less than one hundred percent
(100%) if the City Manager or his/her designee determines that the need for the
additional plan check is the fault of Consultant.
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C. LOT LINE ADJUSTMENTS
Consultant shall retain the appropriate licensed professional to review Lot Line
Adjustments (LLA) and to perform surveys. Consultant’s LLA work shall include work at
single lots, minor adjustments, housing tracts, commercial and other sites, along with
Certificates of Compliances and Relinquishments. Consultant’s work shall include no
more than three (3) plan checks per project.
D. LAND DEVELOPMENT INSPECTION (CONSTRUCTION OBSERVATION)
Land development inspection (construction observation) will be provided by City. At a
time mutually agreed upon in writing by City and Consultant, Consultant will perform the
following:
1. Consultant will provide inspection services during the construction of land
development improvements by private developers and at the proper time,
recommend notices of completion and acceptance of work including reports
concerning exoneration of bonds or other surety. Land development
improvements may include work within the public right-of-way and on public utility
infrastructure.
2. Consultant will report to the City Manager or his/her designee obstructions,
potholes, unsafe traffic control signing or other easily observable public safety
items that may be observed in driving to and from the site of inspections.
E. GEOLOGY AND SOILS ENGINEERING
Consultant will provide consulting geology and soils engineering specialties as part of
Sections A, B, C, and D. These services will be provided by plan check turnaround
times for geology and soils engineering and shall conform to the requirements for Plan
and Map Checking in Section B and run concurrently with the overall project plan check.
F. HYDROLOGY & HYDRAULIC, STORM WATER QUALITY, & STORM WATER
POLLUTION PREVENTION PLAN REVIEW
Consultant will provide hydrology and hydraulic, storm water quality, and storm water
pollution prevention plan review specialties as part of Sections A, B, C, and D. These
services will be provided by plan check turnaround times for hydrology and hydraulic,
storm water quality, and storm water pollution prevention plan review and shall conform
to the requirements for Plan and Map Checking in Section B and run concurrently with
the overall project plan check.
G. ASSESSMENT ENGINEERING
Consultant may act as Engineer of Work and provide customary Assessment District
Engineering support services to the CITY on an as needed basis when authorized in
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writing with an ASA. Included in this area of service are the following: research and
compilation of assessment records and parcel data; compilation and maintenance of
database records; review of Engineer’s plans; development of assessment budgets and
cost estimates, cost allocation to parcels; preparation of assessment roll; preparation of
Engineer’s Report and Legislative documents consistent with the requirements of
Proposition 218 and the Landscaping and Lighting Act of 1972; attendance and
presentation at staff meetings and City Council meetings; coordination with City Clerk
and County Agencies; and annual assessment administration activities. City currently
has a separate contract for this service.
H. ENCROACHMENT PERMITS
City will receive process, issue, and provide construction observation for encroachment
permits. At a time mutually agreed upon in writing by City and Consultant, Consultant
may receive, process, issue, and/or provide construction observation for encroachment
permits. When encroachment permit services are provided, Consultant shall prepare
and submit to City monthly a list of all new encroachment permits for the previous
month showing the location of said encroachment, the date of issuance, property owner
and encroachment permit number; and prior to January 31 of each year, Consultant
shall provide City with a listing of all active encroachment permits showing the location
of said encroachment, the date of issuance, property owner and encroachment permit
number. City may also specifically request that Consultant provide encroachment
permit construction observations for a specific encroachment permit that the City has
issued. In that circumstance, Consultant shall prepare and submit inspection reports on
an as-needed basis.
I. CAPITAL IMPROVEMENT PROJECTS
Consultant may be requested to perform the following, when authorized in writing with
an ASA:
1. Prepare plans, specifications and cost estimates for City projects.
2. Provide a design and construction survey, construction administration, and
inspection services of City projects.
3. Provide special engineering reports regarding such matters as assessment district
formation, annexations, etc.
4. Check plans, specifications, and cost estimates, as well as provide construction
administration and observation for City projects designed by others.
5. Process plans, specifications, and permits through other agencies for review and
approval.
6. Perform other duties assigned relating to traffic and transportation engineering.
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J. STORM WATER INSPECTION SERVICES
Consultant may be requested to perform various third-party inspection services as
required by the City’s applicable MS4 storm water permit, such as business inspections
and private/public post-construction best management practices.
K. EMERGENCY SERVICES
In the event of a local, regional, or national emergency or disaster, provide engineering
and public works plan review and inspection services as additional work as required to
appropriately respond to the emergency, including after regular business hours.
L. FRONT COUNTER ASSISTANT
Consultant will be required to provide a staff person to provide assistance with front
counter service and coordinate the completion of various municipal engineering
services described in Exhibit B Sections A through L above, as well as Section M below
if the City Engineer position is implemented. In addition to the tasks described in this
Exhibit B, the Front Counter Assistant will also provide general assistance for other City
divisions, including parking enforcement, solid waste, street maintenance, storm water,
transit, and other projects that may occur from time-to-time. The Front Counter
Assistant is considered to be a general office assistant/entry level technician position
that will be a part-time position (30 hours per week) with a consistent schedule agreed
upon by Consultant and the City Manager. Hours may be adjusted over time depending
on project volume and workload.
M. CITY ENGINEER SERVICES
Consultant may be requested to serve and represent the City as its City Engineer. If
requested to serve as City Engineer, Consultant shall provide a City Engineer presence
at City Hall, with a consistent schedule agreed upon by Consultant and the City
Manager. Hours may be adjusted over time depending on project volume and
workload. While serving as City Engineer, Consultant’s designated City Engineer shall
provide and/or oversee services as detailed in Exhibit B, Sections A through L.
N. STAFF REPLACEMENT
Consultant shall not replace Consultant’s staff that provides positions for the City
without prior written notification and approval of the City in situations where Consultant
desires to relocate/transfer positions to other projects. This section shall not be
applicable in situations where Consultant’s staff have given notice of intent to leave
Consultant’s business or when Consultant’s staff departure are for the purpose of
promotion/advancement within Consultant’s company.
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EXHIBIT C
CONSULTANT COSTS AND FEES
FOR ALL SERVICES DESCRIBED IN SCOPE OF SERVICES
In response to the Request for Proposals for Municipal Engineering Services, the
undersigned agrees to provide services in accordance with these Documents, which
have been carefully examined. The City, at its sole option, may contract with more than
one consultant or expand or reduce services during the term of the Agreement. Pricing
shall not be adjusted if services in the Scope of Services (Exhibit B) are reduced or
expanded during the term of the Agreement except for as detailed further in Exhibit C.
With the exception of fixed-fee services as detailed in Section 1 below, Consultant shall
be paid on a time-and-materials basis per the hourly rates and reimbursable materials
as detailed in Consultant’s Fees, attached to and incorporated into Exhibit C as Section
3.
Section 1: Fixed-Fee Services
A. Plan Checks
For services provided as described in Exhibit B, Section B, Consultant shall be
paid a seventy percent (70%) fixed fee, of the current fees collected by City.
Progress payments shall be made accordingly:
Fifty percent (50%) of fee upon completion of the first plan check; an additional
twenty-five percent (25%) upon completion of the second plan check; an
additional twenty-five percent (25%) upon completion of the third and final plan
check. Completion of the final plan check shall occur when signed by the City
Engineer or such other City employee designated by the City Manager.
B. Land Development Review
1. For review and conditioning of tentative maps, development plans, general
plan amendments, zone changes and similar entitlements, Consultant will be
paid a fee of five hundred dollars ($500.00) for small entitlements such as
tentative maps of less than ten (10) lots and commercial and industrial
developments of less than five thousand (5,000) square feet. For
entitlements in excess of ten (10) lots and commercial and industrial
development in excess of five thousand (5,000) square fee services
Consultant shall receive a fee of two thousand five hundred dollars ($2,500).
2. For projects requiring special hydrological, geological, or other analysis
beyond the usual review, Consultant shall be paid additional compensation
for actual cost for preparation or review of such analysis. For such service,
Consultant shall provide City with a quotation. No services shall be
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authorized until written City approval is granted and an Additional Services
Authorization (ASA) is signed by the City Manager or his/her designee. The
services provided by Consultant pursuant to this Section shall be performed
in a timely manner to allow CITY compliance with the processing requirements
of the Permit Streamlining Act. Consultant may choose to contract for such
special services.
C. Lot Line Adjustments (LLA)
For services provided as described in Exhibit B, Section C, Consultant shall be
paid a flat fee of two thousand one hundred eighty ($2,180.00) per project. City
shall assign a LLA task to Consultant through an ASA. If the LLA includes more
than one lot and the City collects an additional per-lot fee based on a City Fee
Resolution, the Consultant shall be paid an additional eighty dollars ($80.00) per
lot. Consultant’s LLA work shall include work at single lots, minor adjustments,
housing tracts, commercial and other sites, along with Certificates of
Compliances and Relinquishments. Consultant’s work shall include no more
than three (3) plan checks per project.
If City requests additional work beyond the work detailed above, Consultant shall
be permitted to submit a separate cost proposal for consideration for an ASA to
be signed by the City Manager or his/her designee prior to any work
commencing.
D. Land Development Inspection (Construction Observation)
For services provided as described in Exhibit B, Section D, Consultant shall be
paid a seventy percent (70%) fixed fee, of the current fees collected by City.
Progress payments s hall be made according to the current hourly fee schedule,
not to exceed ninety-five percent (95%) of the total fee, until recommendations of
final acceptance of the project is made by the Consultant to the City Engineer (in
the event the City Engineer is not a City employee, then the City Manager or
his/her designee), at which time the remainder of the fixed fee shall be invoiced
as part of the next billing cycle.
E. Geology and Soils Engineering
For services provided as described in Exhibit B, Section E, Consultant shall be
paid a seventy percent (70%) fixed fee, of the current fees collected by City.
Progress payments s hall be made according to the current hourly fee schedule,
not to exceed ninety-five percent (95%) of the total fee, until recommendations of
final acceptance of the project is made by the Consultant to the City Engineer (in
the event the City Engineer is not a City employee, then the City Manager or
his/her designee), at which time the remainder of the fixed fee shall be invoiced
as part of the next billing cycle.
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F. Public Works Encroachment Permits
Should the City request that Consultant provide Public Works encroachment
permits and/or inspection services for encroachment permits as detailed in
Exhibit B, Section F, Consultant shall be paid a seventy percent (70%) fixed fee,
of the current fees collected by City. City Resolution No. 2008-2670 currently
establishes the fees. Should the City Resolution be superseded by an updated
Resolution, the new fees shall become effective. Payment will be made based
upon the fees collected during each calendar month.
Section 2: Time and Materials Fees
A. Development Engineering
Services set forth in Exhibit B, Section A, shall be provided at no cost except
those items of work determined by the City Manager or his/her designee to
encompass a level of effort necessitating additional compensation. Such items
of work shall be authorized in advance by a written ASA signed by the City
Manager or by his/her designee.
B. For all other services described in Exhibit B that do not have a Fixed Fee as
detailed in Exhibit C, Section 1 above, Consultant shall be paid on a time and
materials basis. Such items of work shall be authorized in advance by a written
ASA signed by the City Manager or by his/her designee. Consultant’s time and
materials pricing is incorporated into this Exhibit C as “Exhibit C, Section 3”.
C. Front Counter Assistant
Consultant’s time and materials pricing incorporated in this Exhibit C as “Exhibit
C, Section 3” shall identify Consultant’s staff person that will serve as the Front
Counter Assistant. Consultant shall provide a breakdown of tasks that the Front
Counter Assistant worked on a monthly basis as part of Consultant’s monthly
invoice. In instances when the Front Counter Assistant is working on tasks that
are covered by a Fixed Fee as detailed in Exhibit C, Section 1 above,
Consultant’s services shall be covered by those Fees. In all other times, the
Front Counter Assistant’s costs shall be covered by the Consultant’s time and
materials pricing, incorporated into this Exhibit C as “Exhibit C, Section 3.”
Consultant’s time and materials pricing shall identify Consultant’s staff person
that will serve as the Front Counter Assistant.
D. City Engineer Services
If Consultant is requested to provide a City Engineer presence on behalf of the
City, Consultant and City Manager shall mutually agree upon a consistent
schedule that the City Engineer will work at City Hall. Consultant’s time and
materials pricing incorporated in this Exhibit C as “Exhibit C, Section 3” shall
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identify Consultant’s staff person that will serve as City Engineer if requested . An
ASA shall be established identifying the number of hours and length of time that
the Consultant shall serve as City Engineer. During the time that the Consultant
serves as City Engineer, the City Manager or his/her designee and Consultant
may negotiate temporary adjustments to the compensation provided to
Consultant for the fixed-fee services identified in Exhibit C, Section 1.
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Section 3: Consultant Hourly Rate and Fee Schedule (Consultant’s Rate and Fee
Schedule shall be inserted to this page).
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EXHIBIT D
RENT, OVERHEAD AND MAINTENANCE
A. Front Counter Assistance
Table 1 below shows the square footage of office and support space for
Consultant’s front counter services. Rent is based upon the market rate of
$1.25/square foot of leasable space. Rent may be adjusted annually by City
each July 1 based on a survey of the Moorpark and surrounding area.
Notification of increased rent will be given, in writing, at least thirty (30) days prior
to July 1. The monthly rate shall be adjusted based on the percentage of staff
time spent at the office. Table 1 calculation is based on one staff person working
30 hours per week (75%).
Table 1: Office Space for Front Counter Support Staff
Per Person Cost
Per Month
Total Support
Space in Sq. Ft.
for 1 Person
Total Office Sq.
Ft. Utilized
Market Rental
Rate ($1.25/Sq.
Ft.) Per Month
75%
Adjusted
Front Counter
Assistance 27 110 $171.25 $128.44
Table 2 below shows the costs for overhead and maintenance per person. The
calculation of total cost is based upon rental space being made available for one
person in Engineering. Operation and Maintenance costs may be adjusted
annually by the City each July based upon adjustments in the City costs of
operations and maintenance. Notification of increased operation and
maintenance cost will be given, in writing, at least thirty (30) days prior to July 1.
Table 2’s calculation is based on one staff person working 30 hours per week
(75%).
Table 2: Overhead and Maintenance
Per Person Cost
Per Month O & M for IT
Utilities (Gas,
Electric &
Water)
Copy Machine
& Supplies Phone
Total Cost Per
Month
75%
Adjusted
Front Counter
Assistance $84.25 $16.75 $3.75 $10.00 $114.75 $86.06
B. City Engineer Services (If Selected)
Table 3 below shows the square footage of office and support space for
Consultant’s City Engineer services. Rates and increases as described in Exhibit
D, Section A apply.
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Table 3: Office Space for City Engineer
Per Person Cost
Per Month
Total Support
Space in Sq. Ft.
for 1 Person
Total Office Sq.
Ft. Utilized
Market Rental
Rate ($1.25/Sq.
Ft.) Per Month
City Engineer 27 200 $283.75
Table 4 below the costs for overhead and maintenance per person for
Consultant’s City Engineer services. Rates and increases as described in Exhibit
D, Section A apply.
Table 4: Overhead and Maintenance
Per Person Cost
Per Month O & M for IT
Utilities (Gas,
Electric &
Water)
Copy Machine
& Supplies Phone
Total Cost Per
Month
City Engineer $84.25 $16.75 $3.75 $10.00 $114.75
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
___________________________________ FOR
____________________________________ SERVICES
THIS AGREEMENT, made and effective as of this _____ day of
________________________, 202__, between the City of Moorpark, a municipal corporation
(“City”) and ____________________, __________________ (“Consultant”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for ____________________________________
services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated
____________________, which is attached hereto as Exhibit __.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to
____________, unless this Agreement is terminated or suspended pursuant to this
Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide _____________________________ services, as set
forth in Exhibit __. In the event there is a conflict between the provisions of __ and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit __.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit __.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value ___________________________dollars ($XXXXX) as stated in Exhibit __,
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.
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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 _____________________, 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
___________________ dollars ($XXXXX) 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.
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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 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),
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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 F attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
A. 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 ex clusive
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.
B. 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
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shall not be liable for compensation or indemnification to Consultant for injury
or sickness arising out of performing services hereunder.
C. For City business purposes, position titles utilized by Consultant’s employees
shall be approved by the City Manager or his/her designee. Al l
correspondence and written documents prepared on behalf of the City,
including but not limited to letters, memorandums, emails, forms, and permits,
shall clearly identify Consultant’s employees as employed by Consultant, to
the satisfaction of the City Manager or his/her designee. Additionally,
Consultant shall provide its employees with business cards that clearly
identify Consultant as the employer and include both City and Consultant
office contact information to the satisfaction of the City Manager or his/her
designee. Consultant shall also provide its employees with metal name
badges that include the employee’s name, [insert Consultant name here], and
“Independent Contractor for City of Moorpark”, to the satisfaction of the City
Manager or his/her designee. The name badge shall be worn at all times
while conducting the business of the City of Moorpark pursuant to this
Agreement.
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 G, 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
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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
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
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To:
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.
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.
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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.
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. REMOTE ACCESS TO CITY SERVER
A. City may, at its sole discretion, provide remote access through a virtual
private network (VPN) account to Consultant to allow Consultant employees
access from the field to the permit database files located on a City server.
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Access may include the ability to read files as well as update file data in the
permit database files. City may revoke remote access at any time for any
reason.
B. If VPN remote access is provided by City, Consultant shall be responsible for
obtaining and maintaining all portable electronic equipment necessary for
remote access. Consultant understands and agrees that City assumes no
liability for any malfunction or damage to Consultant’s equipment.
C. Consultant understands and agrees that City shall be responsible for issuing
individual passwords for VPN remote access to Consultant’s employees, that
each password issued by City is for the sole use of the person issued that
password, and that the password shall not be shared with anyone.
Consultant further understands and agrees that the passwords shall not be
used for any purpose other than access to the engineering permit database
during the City’s normal working hours; that any access outside of the City’s
normal working hours shall require the authorization of the City
Engineer/Public Works Director or other designee of the City Manager; and
that Consultant shall take reasonable steps to keep passwords secure and to
prevent their disclosure, modification, or use by any unauthorized person in a
manner to the satisfaction of City. Consultant agrees that its employees shall
not save their VPN password into the electronic device used to obtain remote
access to the City’s engineering permit database, and the VPN password
shall be fully entered each time of VPN remote access. The intent of this
requirement is to ensure that if an electronic device used to access the City’s
engineering permit database is lost or stolen, there will be no automatic
password access to the City’s database by an unauthorized person.
D. Consultant understands and agrees to notify the City immediately when any
Consultant employee provided Municipal Engineering Services to the City,
who has been issued a password, is no longer providing Municipal
Engineering Services to the City on behalf of Consultant, and shall also
immediately notify City if any electronic device used to access the City’s
engineering permit database is lost, stolen, or compromised. Consultant also
agrees to provide email correspondence to the City Engineer/Public Works
Director on the first Monday of each month, identifying the names of each of
Consultant’s current employees with a continuing, active VPN remote access
to the City’s engineering permit database. The intent of this requirement is to
ensure the City will have the opportunity to regularly verify Consultant’s
personnel with authorized VPN remote access to the City’s engineering
permit database.
E. Consultant understands and agrees to provide written acknowledgement from
each employee providing Municipal Engineering Services for the City that the
employee has read and agrees to comply with the requirements of this
Agreement; and the Moorpark Administrative Policy (MAP) CM-29;
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Appropriate Use of City Computer and Related Equipment and Acceptable
Internet and E-Mail Use on City’s Computer Network, and as may be
amended from time to time, when using any City computer equipment, any
Consultant-provided computer equipment used on City premises or off-site in
the course of work for the City, and any personal computer equipment when
used on City premises or off-site in the course of work for the City. For the
purposes of this Section, computer equipment includes all stationary and
mobile devices capable of accessing the internet, sending or receiving e-
mails, or accessing the City’s server.
31. COMPLIANCE WITH CITY POLICY AGAINST HARASSMENT,
DISCRIMINATION, AND RETALIATION
Consultant understands and agrees to provide written acknowledgement from
each employee providing Municipal Engineering Services for the City that the employee
has read and agrees to provide with the City Council adopted Policy against
Harassment, Discrimination, and Retaliation, and as may be amended from time to
time. Consultant agrees to provide at least two (2) hours of classroom or other effective
interactive training and education regarding sexual harassment, discrimination, and
retaliation to all of its supervisory employees assigned to work for the City, a minimum
of once every two (2) years and within six (6) months for a new hire.
32. 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
__________________________________ __________________________________
Troy Brown, City Manager
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit F
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.
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Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000
per occurrence/loss which shall include the following coverage:
1. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory
fines arising from such theft, dissemination or use of the confidential information.
2. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
3. Liability arising from the failure of technology products (software) required under
the contract for Consultant to properly perform the services intended.
4. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-linking or
framing, and infringement or violation of intellectual property rights.
5. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the
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
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 o f
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
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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.
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.
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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.
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.
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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
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 F-1
SAMPLE ENDORSEMENT
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EXHIBIT F-2
SAMPLE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
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EXHIBIT G
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
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EXHIBIT H
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89
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90
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EXHIBIT I
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