HomeMy WebLinkAboutAGENDA REPORT 2014 0917 CCSA REG ITEM 10P ITEM 10.P.
CITY Op MOORPARK,CALIFORNIA
City Council Meeting
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BY:
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Analyst
DATE: September 5, 2014 (CC Meeting of 09/17/14)
SUBJECT: Consider Professional Services Agreement with Penfield & Smith for a
Feasibility Study for Bicycle and Pedestrian Connectivity along Arroyo
Drive and Collins Drive from the 118 Freeway to the Moorpark/Simi
Valley City Limits (Project 8095) and Resolution Amending the Fiscal
Year 2014/15 Budget
BACKGROUND/DISCUSSION
On June 18, 2014, the City released a Request for Proposal (RFP) for professional
engineering services to conduct a preliminary feasibility analysis to study options available
for establishing bicycle and ADA compliant pedestrian connectivity from Villa Del Arroyo
Mobile Home Park to Collins Drive, north of the 118 Freeway. The study also includes
connectivity between Villa Del Arroyo Mobile Home Park and the Moorpark/Simi Valley city
limit line. Proposals were due by July 11, 2014.
The RFP was sent to Hartzog & Grabill, Penfield & Smith, Phoenix Civil Engineering, M3
Civil, and Willdan. On July 11, 2014, two firms submitted proposals to the Assistant City
Manager: Penfield & Smith, and Phoenix Civil Engineering. Penfield & Smith's proposal
was for $21,247 and Phoenix Civil Engineering's proposal was for $10,915. Both
proposals are available in the Large Conference Room for City Council's review. Although
Penfield & Smith's proposal is higher than Phoenix Civil Engineering's, staff is
recommending award to Penfield & Smith for the project. Penfield & Smith's proposal
includes a more comprehensive scope of work for developing a proposed project between
Collins Drive and the Moorpark/Simi Valley city limit line, which justifies the increased cost.
The feasibility study will develop proposed schematic sketches of bicycle and pedestrian
improvements, and preliminary project cost estimates. Based upon the estimated costs of
final design and construction, staff will return to City Council with a recommendation to
S:\Public Works\Everyone\Reports\Staff Reports\20141September\09-17-2014(Arroyo Study Agreement).doc
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Honorable City Council
September 17, 2014
Page 2
either move forward with the final design, or, to defer the project until funding opportunities
become available.
FISCAL IMPACT
The funding source for this feasibility study is $30,000 in Transportation Development Act
(TOA) Article 3 grant monies awarded to the City on May 14, 2013, by the Ventura County
Transportation Commission. The $30,000 in grant funds were received on April 4, 2014,
and placed in the TOA Article 3 Bicycle/Pedestrian Fund (2602). The adopted FY 2014/15
Budget does not include the feasibility study expense, therefore, staff is requesting that
City Council approve a budget amendment in the aggregate increase of the full $30,000 in
grant funds for expenditures.
The proposed Agreement with Penfield & Smith (Attachment 1) is for a not to exceed
amount of $23,377.00 ($21,247.00 plus a 10.0% contingency). The remaining grant funds
awarded for this study could be spent on follow up studies or analyses if required.
STAFF RECOMMENDATIONS (ROLL CALL VOTE)
1. Authorize the City Manager to sign a Professional Services Agreement with Penfield
& Smith, in an amount not to exceed $23,377.00, subject to final language approval
by the City Manager and City Attorney.
2. Adopt Resolution No. 2014 -__ amending the FY 2014/15 Budget in the
aggregate increase of $30,000.00 in expenditure.
Attachments
1. Draft Agreement
2. Resolution
327
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PENFIELD & SMITH,
FOR VILLA DEL ARROYO COLLINS DRIVE BICYCLE AND
PEDESTRIAN FACILITY STUDY
Attachment 1
THIS AGREEMENT, is made and effective as of this day of
~~~~~~~~-
, 2014, between the City of Moorpark, a municipal corporation
("City") and Penfield & Smith, a corporation ("Consultant"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for pedestrian and bikeway feasibility study
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 July 11, 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 to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, 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 Villa Del Arroyo Collins Drive Bicycle and Pedestrian
Facility Study 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.
Consultant shall perform the tasks described and set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value twenty-one thousand two hundred forty-seven dollars ($21,247.00) as stated in
Exhibit B, and contingencies of two thousand one hundred thirty dollars ($2, 130.00) for
a total contract amount of twenty-three thousand three hundred seventy-seven dollars
($23,377.00), 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.
328
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 Derek Rapp, 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 8, based upon
actual time spent on the above tasks. This amount shall not exceed twenty-one
thousand two hundred forty-seven dollars ($21,247.00) as stated in Exhibit B, and
contingencies of two thousand one hundred thirty dollars ($2, 130.00) for a total contract
amount of twenty-three thousand three hundred seventy-seven dollars ($23,377.00), for
the total term of the Agreement unless additional payment is approved as provided in
this Agreement. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to those set
forth herein, unless such additional services and compensation are authorized, m
advance, in a written amendment to this Agreement executed by both parties.
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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329
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 CONSUL TANT
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 seven (7) 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
Liquidated damages have been intentionally removed from this Agreement.
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330
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 ten (10) 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,
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 counsels' fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
Penfield & Smith Page 4of15
331
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 prov1s1ons
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
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
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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 Health and Safety Administration 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.
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 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].
15. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither the/ 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
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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 Avenue
Moorpark, California 93021
To: Hady lzadpanah, Principal Engineer
Penfield & Smith
1327 Del Norte Road, Suite 200
Camarillo, California 93010
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.
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21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
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27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict. the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any prov1s1on of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK PENFIELD & SMITH
By: ___________ _ By: ___________ _
Steven Kueny, City Manager Hady lzadpanah, Principal Engineer
Attest:
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, 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
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
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 prov1s1on 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.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Penfield & Smith Page 13 of 15 340
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Penfield & Smith Page 14of15 341
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.
Penfield & Smith Page 15 of 15 342
1327 Del Norte Road. Ste 200
Camarillo, CA 93010
tel 805-981-0706
fax 805-981-0251
wvvw. penfteldsm1tl l.ccm
Santa Barbara
Camarillo
Santa Mana
Lancaster
Civil Engineering
Land Surveying
Land Use Planning
Construction
Management & Inspection
Trnffic & Transportation
Engineering
Transportation Planning
Structural Engineering
Water Resources
Engineering
GIS
Penfield &Smith
July 11, 2014
Mr. Hugh R. Riley
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Exhibit B
w.o. 21446.01
Via Email: hriley@moorparkca.gov
Subject: Villa Del Arroyo-Collins Drive-Bicycle and Pedestrian Facility
Study
Dear Mr. Riley:
As requested in the City's Request for Proposals dated June 18, 2014, Penfield & Smith
appreciates the opportunity to submit this proposal for the Villa Del Arroyo-Collins
Drive-Bicycle and Pedestrian Facility Study.
UNDERSTANDING OF PROJECT REQUIREMENTS
The City of Moorpark wants to study options and associated costs for establishing bicycle
and ADA compliant pedestrian connectivity from the City's eastern city limits, east of Via
del Arroyo Mobile Home Park (Villa del Arroyo) to Collins Drive, north of the 118
freeway. Currently, no sidewalks or bike lanes exist within the project area, except for
along the north side of Arroyo Drive west of the Park-n-Ride Lot and along the east side
of Collins Drive. Residents at Villa del Arroyo currently have no defined path between
their homes and the rest of Moorpark, unless they are driving, riding their bike in traffic,
or walking along the edge of the road. The proposed study will explore safe multi-modal
alternatives for the-Villa del Arroyo Mobile Home Park residents and the bicycling public
traveling within the study area. These alternatives may include the addition of sidewalk
and Class II bike lanes and/or a Class I bikeway along Arroyo Drive between Collins Drive
and the Moorpark I Simi Valley City Limit.
It is our understanding that this study has a limited budget, is preliminary in nature and
is intended to develop costs for budgetary purposes. As such, we have assumed that the
additional costs associated with an aerial topographic survey would not be appropriate
at this time. Our study will be based on publicly available aerial imagery and field
measurements and observations.
343
Mr. Hugh R. Riley
July 11, 2014
Page 2
EXISTING CONDITIONS AND ALTERNATIVES
1. A partially paved path exists to the south of the Villa del Arroyo Mobile Home Park, with no paved
connections to Arroyo Drive.
Alternatives:
• Pave the remainder of the path to connect each end to Arroyo Drive. If the remainder of the
bike facilities are determined to be Class II bike lanes, careful consideration will need to be given
to the connections between the Class I and Class II facilities on either side of the mobile home
park.
2. Railroad tracks cross Arroyo Drive at an acute angle making it difficult to traverse for bikes and
wheelchairs.
Alternatives:
• Gradually raise the sidewalk/path approach to the level of the top of the existing rail creating a
flat level area to cross.
o Widen and realign crossing so that the pedestrian and bike lane/path intersect the railroad track
at as close to a 90 degree angle as possible, minimizing problems with the flange way gap width.
Provide sufficient clearance between supports, posts, and gate mechanisms and sidewalk
and/or bike path.
• Provide railroad crossing information in multiple formats, including signs (RlS-1 and RlS-8),
flashing lights, and audible sounds per FHWA, CAMUTCD and AREMA standards and best
practices.
• Investigate the possibility of a bike path (Class I) that parallels the RR tracks for Y<I mile west of
Arroyo Drive and utilizes an existing grade separation to cross the tracks.
3. Sidewalk and bicycle facilities are not present along most of Arroyo Drive including at the crossing of
the existing drainage channel and the existing sidewalk and the mobile home park are on opposite
sides of the street.
Alternatives:
• Near mobile home park, the existing grass strip along the south side and drainage channel along
the north, make the south side the "path of least resistance" for a sidewalk. However, there is
no obvious location to get pedestrians to the existing sidewalk near the park-n-ride lot, except
for at the Collins Drive/Highway 118 southbound ramp intersection.
• Investigate narrowing or reducing number of travel lanes west of the railroad tracks to make
room for pedestrian and bike facilities.
• Shift roadway centerline, stripe Class II bike lanes and construct 6' sidewalk on one side at the
drainage channel crossing.
• Construct a separate pedestrian/bike bridge across the channel.
• Conduct traffic signal warrant analysis at mobile home park main driveway (desired by
residents) to determine whether a traffic signal can be installed to get pedestrians to the north
344
Mr. Hugh R. Riley
July 11, 2014
Page 3
side of the street. This only applicable if a sidewalk along the north side of Arroyo Driver is
feasible (see below).
• Examine drainage facilities along the north side of Arroyo Drive to determine sidewalk
feasibility. Given the size of culvert under the railroad tracks and the historical drainage issues
in this area, a north side sidewalk appears unlikely).
SCOPE OF WORK
1. Conduct kickoff meeting/walking tour of project area with City staff (Meeting #1) to discuss:
• Preference for predominately Class I or II bike facility.
• Stakeholders to be consulted/considered in study.
• Options currently being considered.
• Options already ruled out.
2. Review Arroyo Simi Trail Feasibility Study to determine what study has already been performed
within the study area.
3. Create project basemap using publicly available current aerial imagery. Depict approximate right-of-
way information obtained from assessor's parcel data.
4. Obtain and review street and utility as-built drawings from City.
5. Collect average daily traffic volumes on Arroyo Drive and Collins Drive.
6. Collect peak hour turning movement volumes at:
• Collins Dr. I Hwy 118 S.B. Ramps
• Arroyo Dr. I Mobile Home Park Main Entrance
7. Develop 20 to 30 year future traffic projections for project area roadways and intersections
following discussion with City regarding potential for future traffic growth within study area.
8. Analyze traffic volumes to determine how/if existing roadway width can be reconfigured in order to
better accommodate bicycles and pedestrians while adequately accommodating projected vehicular
traffic.
9. Using basemap developed in #3 and field measurements collected during field walk, develop
preliminary design alternatives for review by City staff.
10. Invite representatives from Ventura County Watershed Protection, Caltrans, Union Pacific Railroad,
Metrolink, Mobile Home Association, etc. to a field meeting (Meeting #2) to discuss potential
impacts of project alternatives on their facilities and hear their concerns, preferences and
requirements.
11. Refine project alternatives list and prepare schematic sketches and preliminary project cost
estimates.
12. Prepare draft report outlining existing conditions and constraints, input from and requirements of
outside governing agencies, and cost estimates.
13. Meet with City staff (Meeting #3) to review comments on report.
14. Revise report and exhibit based on comments from City.
345
Mr. Hugh R. Riley
July 11, 2014
Page 4
SERVICES NOT INCLUDED
The following services and all other services not specifically listed herein are excluded:
1. Governmental, public agency and utility company fees.
2. Title Company reports, services and fees.
3. Determination of right of way and/or easements.
4. Topographic survey.
5. Services by consultants other than P&S, other than traffic counting sub-consultant (NDS).
6. Drainage analysis and report.
7. Fact Sheets for exceptions to Ca It rans' Design Standards.
8. Permitting (Caltrans, Union Pacific, Metrolink, County Watershed Protection, Army Corps, etc.).
9. Environmental services.
10. Railroad crossing gate design.
11. Services beyond schematic design and cost estimates.
CLIENT TO PROVIDE
Client shall provide the following items to Penfield & Smith:
• Available traffic counts
• Available as-built plans and utility plans within project area.
PROPOSED FEE AND METHOD OF PAYMENT
Our proposed services will be performed on a time and materials, not to exceed basis and shall be billed
monthly at the rates then in effect. Charges for "time" include professional, technical and clerical
support services provided by Penfield & Smith. "Materials" include all reimbursable expenses, such as
photocopies, postage, shipping/delivery, mileage, plots, prints, maps/documents and outside consultant
fees.
Based on our understanding of your requirements and our experience with similar projects, we estimate
that the fee required for our services will be $21,250, including reimbursable expenses. Our charges will
not exceed the above fee estimate without your prior authorization.
We have estimated the cost of our services based on our understanding at this time of the scope and
complexity of the work. During the performance of our services, the need for additional or
346
Mr. Hugh R. Riley
July 11, 2014
Page 5
expanded services may be determined. We will make every reasonable effort to keep you informed of
our progress and costs incurred.
TIME OF PERFORMANCE
Based on our current workload, we estimate that the can be completed in approximately 6 weeks. Note
that time does not include review time by Client.
AUTHORIZATION
Should you require additional information or wish to discuss this proposal further, please give me a call.
My direct line is (805) 963-9538, extension 157.
Thank you for considering Penfield & Smith for this project.
Very truly yours,
PENFIELD & SMITH
Derek Rapp, T.E. 2026
Transportation Department Manager
Enclosures
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PENFIELD & SMITH 1327 Del Norte Road, Suite 200 Camarillo, CA 93010 (805) 981-0706 TOTAL l-IOURS 22 12 8 5 LABOR COST 3690 1820 1520 g-'·-690 1190 1680 3440 :isoo 14 28 28 18 I 144 I Re1mbursables ·-------------I -~. --·-----~---~------~ 103.5 345 0 0 28.75 0 $4771 Grand Total = 2220 19850 Consultant ---------------· 920 0 $9201 $21,247
Attachment 2
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2013/14 BUDGET TO APPROPRIATE $30,000 FROM LOCAL
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUND
(2602) FOR A PEDESTRIAN AND BICYCLE TRAIL
FEASIBILITY STUDY (PROJECT 8095)
WHEREAS, on June 5, 2013, the City Council approved Resolution No. 2013-
3195 authorizing the City of Moorpark's claim to the Ventura County Transportation
Commission for $30,000 allocation for a feasibility study for potential pedestrian and
bicycle pathways along Arroyo Drive between Collins Drive and the Simi Valley city limits
(Feasibility Study); and
WHEREAS, on April 4, 2014, the City of Moorpark received the $30,000 in the
Local Transportation Development Act Article 3 Fund (2602); and
WHEREAS, on June 18, 2014, the City Council adopted the Operating and Capital
Improvements Projects budget for Fiscal Year 2014/15; and
WHEREAS, the adopted budget does not include funding for the Feasibility Study;
and
WHEREAS, a staff report has been presented to the City Council requesting a
budget adjustment to appropriate $30,000 from Local Transportation Development Act
Article 3 Fund (2602); and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the aggregate increase of $30,000
as more particularly described in Exhibit "A", is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
349
Resolution 2014-
PASSED AND ADOPTED this 1ih day of September, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Appropriation and Budget Detail
350
EXHIBIT A
BUDGET AMENDMENT FOR
LOCAL TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUND (2602)
TO APPROPRIATE $30,000 FOR A PEDESTRIAN AND BIKE LANE FEASIBILITY STUDY
FEASIBILITY STUDY (PROJECT 8095)
FY 2014/15
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Local Transportation Development Act -Article 3 2602-5500 $ (30,000.00)
Total $ (30,000.00)
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2602.8310.8095.9103 $ -$ 30,000.00 $ 30,000.00
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
Total $ -$ 30,000.00 $ 30,000.00
Finance Approval: ~~~--...../-~~:· ~; .
1 ~
351