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HomeMy WebLinkAboutAGENDA REPORT 2014 0402 CCSA REG ITEM 10E ITEM 10.E. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL" 51'4-42"17` AGENDA REPORT ACTION: 4,py ''"`d TO: Honorable City Council 9Y yh . otien..-,_ -- FROM: Hugh R Riley, Assistant City Manager DATE: March 19, 2014 (CC Meeting of 0412114) SUBJECT: Consider Agreement for Professional Engineering Services with Tetra Tech, Inc. for the Los Angeles Avenue Median Project- Phase 1 BACKGROUND In 2002, the City contacted Caltrans to inquire about the State's Context Sensitive Design Solutions (CSDS)that were to address local needs and concerns with regard to design and function of State Highways within local communities. Recently, Caltrans has developed Context Sensitive Design Guidelines that allow for construction of raised medians, landscaping, and other aesthetic treatments as a means of improving the aesthetics and controlling traffic on State Highways. On February 16, 2006, in response to a letter from the City, Caltrans expressed their intent to review the City's proposed"Conceptual Design" to construct raised landscaped medians on Los Angeles Avenue. On March 15, 2006, staff sent Requests for Proposals (RFPs) to seven professional engineering firms soliciting proposals for design services. The scope of work on the RFP for each phase of the design process is summarized below: 1. Phase One — Conceptual Plan: Development of the Conceptual Plans and "ArchitecturalNisual Rendering" of the improvements including all associated survey work, preparation of preliminary construction cost estimates, and coordination with Caltrans to determine the appropriate type of Project Report and Environmental Document for the project. 2. Phase Two — Final Draft Plan: Preparation of the Final Draft Plans, Specifications, and Estimates(PS&E), including legal descriptions for right-of-way acquisition,and the Environmental and Construction Documents. 3. Phase Three — Final Design: Preparation of the Final PS&E and Construction Documents necessary to construct the project. On August 2, 2006 the City Council approved the selection of Tetra Tech, Inc. as the consulting engineer for the project and authorized the City Manager to execute a professional services agreement. Subsequent Council action authorized services under the agreement for a total cost of$302,058. 185 Callserstriley\Desktop\Ciy Councuil Agenda Report-Tetra Tech Engineering Services Agreement.doc Honorable City Council March 19, 2014 Page 2 Work commenced and over the course of the next few years various concept designs were included in permit applications /submitted to Caltrans. There were a number of lane configurations that did not meet Caltrans criteria at the time and work was eventually suspended in 2009. Costs incurred up to that point totaled $67,070. DISCUSSION Since more than a year has elapsed since the City Council took action on these contracts, staff is presenting a new agreement for the City Council's consideration. The agreement includes a revised scope of work to complete the conceptual designs and prepare and submit the encroachment permit to Caltrans. The proposal from Tetra Tech anticipates Caltrans permit approval and final construction documents within six months of the City's Notice to Proceed. The work will be completed at a total cost of $49,942. FISCAL IMPACT Sufficient funds to complete the first phase of the project have been included in the current Fiscal Year 2013/14 Capital Improvement Budget. Appropriate funding will be included in subsequent fiscal years as needed. STAFF RECOMMENDATION Authorize the City Manager to sign the Professional Services Agreement with Tetra Tech, Inc. in an amount not to exceed $49,942 for a one year period ending April 1, 2015, subject to final language approval by the City Manager and the City Attorney. Attachment: Professional Services Agreement AGREEMENT BETWEEN THE CITY OF MOORPARK AND TETRA TECH INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR LOS ANGELES AVENUE RAISED MEDIAN PROJECT NO. 8047 PHASE 1 THIS AGREEMENT, is made and effective as of this day of , 2014, between the City of Moorpark, a municipal corporation and ("City") Tetra Tech, Inc. a professional corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for professional engineering services relating to Los Angeles Avenue Medians and Landscaping Project, 8047; 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 March 17, 2014, which is attached hereto as Exhibit B. 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 and continue in effect until the services are completed, 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 professional engineering services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C, including Tasks 9 and 10 (described in Exhibits B and C as optional). Compensation shall not exceed the rates or total contract value of forty-nine thousand nine hundred forty-two dollars ($49,942) as stated in Section 5 without a written Amendment to this Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 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 187 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 Molly Mell P.E., 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, on an IRS 1099 form, before payments may be made to vendors. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed forty-nine thousand nine hundred forty- two dollars ($49,942) for the total term of this 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 are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 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. If the City disputes any of Consultant's fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Tetra Tech, LA Ave. Medians Page 2 of 14 188 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. 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 Tetra Tech, LA Ave. Medians Page 3 of 14 189 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. 9. 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 counsel's 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, defend and hold harmless City, and any and all of its employees, officials 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 counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subconsultant, 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 Tetra Tech, LA Ave. Medians Page 4 of 14 190 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. 10. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 11. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. 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. 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. Tetra Tech, LA Ave. Medians Page 5 of 14 191 13. 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 handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section [Labor Code Section 1735]. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. 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. 16. 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 subcontractor. Consultant further covenants that if Consultant has contracted with or is performing any services directly or indirectly, with developer(s) and /or developer's consultants and /or property owner(s) and /or firm(s) and /or partnerships 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, Consultant shall immediately notify the City Engineer/Public Works Director, in writing, informing him /her of the nature of the contract. The City Engineer/Public Works Director, in consultation with the City Manager, shall determine whether potential conflict exists. Tetra Tech, LA Ave. Medians Page 6 of 14 192 17. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Molly Mell, P.E. Director of Transportation Tetra Tech 17885 Von Kaman Avenue, Suite 500 Irvine, California 92618 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. 18. 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. 19. 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. 20. 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. 21. 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 Tetra Tech, LA Ave. Medians Page 7 of 14 193 the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 22. 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. 23. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 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 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 Tetra Tech, LA Ave. Medians Page 8 of 14 194 not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK TETRA TECH, INC. Steven Kueny, City Manager Attest: Maureen Benson, City Clerk Molly Mel[, P.E., Director of Transportation Tetra Tech, LA Ave. Medians Page 9 of 14 195 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, error or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at Tetra Tech, LA Ave. Medians Page 10 of 14 196 the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. 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 with an edition prior to 1992. 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 Tetra Tech, LA Ave. Medians Page 11 of 14 197 endorsement to Consultant's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self -insure its obligations to the City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any Tetra Tech, LA Ave. Medians Page 12 of 14 198 steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this 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 Tetra Tech, IA Ave. Medians Page 13 of 14 199 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. Tetra Tech, LA Ave. Medians Page 14 of 14 200 OTETRA TECH EXHIBIT `B" — SCOPE OF WORK Tetra Tech proposes to complete the scope of work outlined below: Task 1: Project Management This task includes project management and administration, quality assurance/quality control, scheduling, budgeting, and invoicing. This task assumes two meetings will be held with the City of Moorpark to review the revised 95% submittal and the final submittal. Task 2: Review design for current Caltrans Standards Tetra Tech will review the proposed design for compliance with the current Caltrans standards. The review will include a compliance with design and format with the sixth edition of the Highway Design Manual and the Local Assistance Procedures Manual (LAPM). Task 3: Encroachment Permit Tetra Tech will submit to Caltrans the Encroachment Permit application for median construction and widening of the State Highway. We will also submit six (6) sets of half -sized plans (required by Caltrans for review). We will incorporate comments received by Caltrans into the 100% PS&E, and send final application and six (6) sets of half -sized plans to Caltrans for review and approval. Task 4: Mandatory and Advisory Fact Sheets In conjunction with the Encroachment Permit application, Tetra Tech will prepare and submit Fact Sheets for Exceptions to Mandatory and Advisory Standards for Locations 1-4 in Exhibit B. We will coordinate with Caltrans at Locations 3 and 4 on revising the current lane configuration to the three continuous through lanes. The revised cross section should accommodate the widening to standard lane and shoulder widths without the need for additional right-of-way. We anticipate one meeting with Caltrans will be necessary. Task 5: Porkchop Median Design Tetra Tech will design three additional median areas as shown on the attached Exhibit C. The proposed design for the medians will be stamped concrete or cobble. Landscape and irrigation design can be included as an optional task. Task 7: 95% PS&E Tetra Tech will revise the design to incorporate widening in those areas with sub -standard shoulder widths. The areas are defined as Locations 1-4 in the attached Exhibit B which was previously prepared for the draft Fact Sheet. The roadway will feature standard lane and shoulder widths and a design exception will no longer be required. It is our understanding that the City would like to avoid right of way impacts, if possible, but if right of way is required the roadway should be aligned such that the impacts are on the south side of Los Angeles Avenue. Concurrently with the Encroachment Permit submittal to Caltrans, Tetra Tech will submit one (1) full size and one (1) half size set of 95% plans to the City for review. The 95% Specifications and Estimate will be updated and two sets of each will be resubmitted to the City (original submittal date was June 23, 2009). 201 OTETRA TECH Task 8: 100% PS&E After incorporating review comments from the 95% review, Tetra Tech will submit one (1) set of final Mylar plans, final specifications, cost estimates, and electronic drawings. Task 9: Phase Project (Optional) Tetra Tech will revise the limits to divide the current project documents into two phases. This will require transition between the existing and proposed design at Miller Parkway. Phase 1 will include the improvements from the project limits at Highway 23 to Miller Parkway. Phase 2 will include the improvements from Miller Parkway to the project limits at Spring Road. Task 10: Utility Coordination (Optional) Tetra Tech will send copies of the 95% plans to the utility owners showing known utilities and requesting verification of existing facilities. Information received from the utility owners will be used to update the utility base file and cost estimates for utility relocations/adjustments to be paid for by the City. The existing utilities and utility impacts will be shown on the roadway plans. This task does not include preparation of utility relocation plans. 202 0 to Of Attachment 1 — LunlJUN IGCURB UR R 0 7 ^S dl to RAW _ i RIti5E0-pEDWJ t _ _ . _-. _ _ - - - -_ - - - - - _ N 796+D0 797+00 14 � 9 798+00 7B8+B�0 / 7�9+00 790+00 L=270' 797+00 792+00 793+00 794+00 795+00 L-175' ;f5 '3452\ _ S 89'35'00' E _ S ESL�90' `\ _ 88'24 54" E _ .L BEGIN PRQ,�E T STA 788+93 N 0 40 BO -----__^--__-_--- _ _ _ _ -- -- --12m J P »iC •,• �` ! n rc z z STA 795+75.97 TO STA 797+16 16 w w m ---- - - �� / <C ww 1 MFS -LOCATION 2 N Kmm CONSTRUCTION NOTES: O PROTECT IN PLACE LANDSCAPING INFORMATION PER PLANTING PUNS 10 PARKWAY DRAIN PER APWA STANDARD PUMA 151-1, COBBLE BANDING S=36 11 CONCRETE CURB (TWE 01-8) ❑ NON-STANDARO FEATURE PER CALTRANS STANDARD PUN A87A 12 CURB AND GUTTER (TWE 82-6) PER CALTRANS 0 STANDARD PLAN A87A 013 CONCRETE CURB (TYPE 83-6) PER CAI-TRANSSTANDARD PLAN A87A 16 BAY TAPER PER APWA STANDARD 140-2 APPROVED BY BANS PREPARED BY. PLAN PROJECT NO. �,ryFESASp/�y�,. TIETECH LOS ANGELES AVENUE MEDIANS MPK 09-01 YUGAL K. LALL G N. 1>� S 16421 LAG~ CANYON ROAD STA 789+00 TO 799+00 DIRECTOR OF PUBLIC WORKS WFm 12-31-0 ��""1, G 92616 i SCALE SHEET PL1 0 s� clvl� 6f C 1 �� 07/23/09 CITY OF MOORPARK DRAWING NO. DATE NO. DATE FEV1310NS KEKOA ANDERSON RCE 53893 2 OF 4 203 CURVE TABLE O R I D I L T A 1000.00 1 8'46'53' 1 153.26 1 76.78 APPROVED BY BANS PREPARED BY. PLAN PROJECT NO. �,ryFESASp/�y�,. TIETECH LOS ANGELES AVENUE MEDIANS MPK 09-01 YUGAL K. LALL G N. 1>� S 16421 LAG~ CANYON ROAD STA 789+00 TO 799+00 DIRECTOR OF PUBLIC WORKS WFm 12-31-0 ��""1, G 92616 i SCALE SHEET PL1 0 s� clvl� 6f C 1 �� 07/23/09 CITY OF MOORPARK DRAWING NO. DATE NO. DATE FEV1310NS KEKOA ANDERSON RCE 53893 2 OF 4 203 1) BMDGE �J nmm Lo ` mUU 13 �noz 10 RIW _ u G "Utz I E� a. Lu 1 CONSTRUCTION NOTES: 1 r�rA1n. OI PROTECT IN PLACE LANDSCAPING INFORMATION PER PLANTING PLANS 10 PARKWAY DRAIN PER APWA STANDARD PLAN 151-1, S=36" COBBLE BINDING it CONCRETE CURB (TYPE Bi -6) PER CAI -TRANS STANDARD PLAN A87A ❑ NON-STANDARD FEATURE 12 CURB AND GUTTER (TYPE 82-6) PER CALTRANS STANDARD PLAN AB7A 16 BAY TAPER PER APWA STANDARD 140-2 0 40 80 APPROVED BY YUGAL K. LALL DIRECTOR OF PUBLIC WORKS DATE NO. 1 DATE REVOKM PLANS PREPARED BY: PLAN PROJECT NO. �gEF55/G� ®TETRATECH LOS ANGELES AVENUE MEDIANS MPK 09-01 Ne 16421 LA M CWeON aao 799+00 TO 810+00 - Ep NMN[ a 22a1a i • SCALE pq�-! a cA11� 07/23/09 CITY OF MOORPARK 1'-� KEKOA ANDERSON RCE 53893 CURVE TABLE P R 0 L T B 1650.00 1B'OB'11* 1 638.85 422.96 PLANS PREPARED BY: PLAN PROJECT NO. �gEF55/G� ®TETRATECH LOS ANGELES AVENUE MEDIANS MPK 09-01 Ne 16421 LA M CWeON aao 799+00 TO 810+00 - Ep NMN[ a 22a1a i • SCALE pq�-! a cA11� 07/23/09 CITY OF MOORPARK 1'-� KEKOA ANDERSON RCE 53893 205 CONSTRUCTION NOTES: r r�rArn. R/W�-- (D PROTECT IN PLACE LANDSCAPING INFORMATION PER PLANTING PIANS - - CONCRETE CURB AND ASPHALT CONCRETE MEDIAN s 10 PARKWAY ORAJN PER APWA STANDARD PLAN 151-1, 5=J6' ❑ — n CONCRETE CURB (TYPE 81-6) PER CAI -TRANS STANDARD PIAN A87A ORIV 12 CURB AND GUTTER (TYPE 82-6) PER CALTRANS STANDARD PLAN A87A Omm 0 40 80 16 BAY TAPER PER APWA STANDARD 140-2 +� PLANS PREPARED BY: ESSI 4�0 AAyYf ��� PLAN LOS ANGELES AVENUE MEDIANS GUTTERAPO 1 n,caL K IALL DIRECTOR DIRECTOR OF PUBLIC WORKS az D �,1>� ® 1"21 E CA 92 GV1 ON mw �+ F� 12-71� ��" �r1C G 9MI8 s + 11r�. �! STA 810+00 TO STA 822+00 srslr SHEET PQ g o rn w L= 90' GURTTER r CA CAU( 07/23/09 ��� CITY OF MOORPARK DRAWING No. _. - __ DATE iE:VISION3 _ _ ._Y- DATE KEKOA ANDERSON RCE 53893 4 OF 4 �. t _ --- -- 11 11 821+ NNN 00 611+ 812 0 _ 12 - H1T+U0- L=2J0' - Ei3 00 6+� °'817+00 878+00 - 819 00 B20+00 p 6, ROM N 61'29"48' E m 9 CURB AND L 1 GUTTER LOS ANGELES AVENUE 0 _ U �� :7 _...3� o :5o 0 R/. 00 ll.( STA 812+83.50 TO STA 815+18.00 - inKww ! M — L 4 ! i C� 205 CONSTRUCTION NOTES: r r�rArn. (D PROTECT IN PLACE LANDSCAPING INFORMATION PER PLANTING PIANS OREMOVE CONCRETE CURB AND ASPHALT CONCRETE MEDIAN COBBLE BANDING 10 PARKWAY ORAJN PER APWA STANDARD PLAN 151-1, 5=J6' ❑ NON-STANOMD FEATURE n CONCRETE CURB (TYPE 81-6) PER CAI -TRANS STANDARD PIAN A87A 12 CURB AND GUTTER (TYPE 82-6) PER CALTRANS STANDARD PLAN A87A 0 40 80 16 BAY TAPER PER APWA STANDARD 140-2 APPROVED BY PLANS PREPARED BY: ESSI 4�0 AAyYf ��� PLAN LOS ANGELES AVENUE MEDIANS PROJECT NO. MPK 09-01 - n,caL K IALL DIRECTOR DIRECTOR OF PUBLIC WORKS �,1>� ® 1"21 E CA 92 GV1 ON mw �+ F� 12-71� ��" �r1C G 9MI8 s + 11r�. �! STA 810+00 TO STA 822+00 srslr SHEET PQ g o r CA CAU( 07/23/09 ��� CITY OF MOORPARK DRAWING No. NO. DATE iE:VISION3 DATE KEKOA ANDERSON RCE 53893 4 OF 4 205 nn\IC�TI"fl l/+TI/1\I \1/1Tr[�. 1 r�r\In. O7 PROTECT IN PUCE LANDSCAPING INFORMATION PER PLANTING PUNS OS REMOVE MBGR COBBLE BANDING OREMOVE CONCRETE CURB AND ASPHALT CONCRETE MEDIAN ❑ NON—STANDARD FEATURE O7 RELOCATE CRASH CUSHION (SAND FILLED) 11 CONCRETE CURB (TYPE 81-6) PER CALTRANS STANDARD PIAN A87A 14 CONCRETE CURB (TYPE 81-4) PER CALTRANS STANDARD PLAN A87A 15 CONCRETE CURB AND GUTTER (TYPE 82-4) PER CALTRANS STANDARD PLAN A87A i6 8AY TAPER PER APWA STANDARD 140-2 NiB MBGR PER CALTRANS STANDARD PLAN A77A1 19 END ANCHOR ASSEMBLY (TYPE SFT) ©p TERMINAL SYSTEM (TYPE SRT) 0 40 80 APPROVED BY PUNS PREPARED BY: PLAN PROJECT NO. MESS/pl_ A f TETRA TECH LOS ANGELES AVENUE MEDIANS MPK 09-01 YUGAL K. LALL sm ® 1"21 LACUNA u"Y" ROAD STA 822+00 TO STA 830+00 DIRECTOR OF PUBLIC WORKS * E� T2-71-09 " RME. G 9261a SCALE SHEET PL4 0 C1V1 ` `07/23/09 =4a' o "`JECITY OF MOORPARK DRAWING NO. DATENO. DATE FtE1SKM KEKOA ANDERSON RCE 53893 5 OF 4 206 Attachment 2 -_J APPROVED BY YUGAL K. LALL DIRECTOR OF PUBLIC WORKS DATE I� o w so PUNS PREPARED BY. L PROJECT NO. 3 y�' p TETRA TEG NC. 1642' � GN1ON RDD LOS ANGELES AVENU E MEDIANS STA 817+00 TO STA 830+00 MPK 09-01 - SCALE SHEET '" „ INVINE. G 91610 r • A`I` KEKOA ANDERSON RCE 53893 CITY OF MOORPARK ' =4O 1 OF 1 0 NO. DAM REVISIONS rim 11teaca "hype: tis