HomeMy WebLinkAboutAGENDA REPORT 2015 0819 CCSA REG ITEM 10M ITEM 10.M.
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AGENDA REPORT BY: 7"/7 ��
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Directo
BY: Jessica Sandifer, Management Analys
DATE: August 13, 2015 (CC Meeting of 08/19/ 5)
SUBJECT: Consider Award of Agreement to Lawrence R. Moss and Associates,
Inc. and Resolution Amending the Fiscal Year 2015/16 Budget for
Landscape Architect Services for Landscape Design Services for the
Recreational Trail Project at Arroyo Vista Community Park
BACKGROUND/DISCUSSION
The City Council has previously approved plans for a recreational trail system at Arroyo
Vista Community Park (AVCP). The plans incorporate a safe route of travel for both
pedestrians and bicyclists from the existing pedestrian bridge at the east end of the
park, to the Arroyo Vista Recreation Center. The bicycle path will connect to the
existing bicycle path along the access road to the west of AVRC, ultimately providing a
sidewalk/trail access to Moorpark High School. Per City Council's approval, staff
enlisted the services of a civil engineer to design several modifications to the entrance
of AVCP at the intersection of Tierra Rejada Road and Countrywood Drive. The
modification will complete the bicycle trail connection to Tierra Rejada Road and will
also improve vehicular circulation for vehicles exiting AVCP. With the completion of this
additional portion of the trail, the civil engineering plans will be complete.
Due to the completion of the design components for the Recreational Trail Project, staff
feels that it will be necessary to prepare landscape construction plans for the
recreational trail, the new parking areas, infiltration basin, and modifications to the
existing irrigation system for these new landscape areas. In addition, staff recommends
renovating the north/east corner of Countrywood Drive and Tierra Rejada Road to
include the design of a monument sign identifying the location of AVCP and recreation
center. AVCP is the only park that does not have a monument identifying its location.
Currently, there is a small monument sign that is visible on the west side of the access
road, but it is not visible until after you have exited off of Tierra Rejada Road.
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Honorable City Council
August 19, 2015
Page 2
Due to the size of the project, staff recommends contracting with a Landscape Architect
to prepare the plans and specifications for the project. Staff released a Request for
Qualifications (RFQ) for landscape architectural services. Staff received two responses
by the RFQ due date of August 12, 2015. After review of the RFQ's, staff recommends
authorizing an Agreement with Lawrence R. Moss and Associates, Inc. (LRM). LRM has
the appropriate qualifications and experience to do the work.
FISCAL IMPACT
Staff is requesting an amendment to the FY 2015/16 budget for $42,350 plus
reimbursable allowance of $2,500 for a total of $44,850 for Landscape Architectural
services from the Traffic System Management Fund (2001) for the landscape design
work and $5,000 from the General Fund (1000) for the design of the monument sign for
a total cost of $49,850.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve Agreement with Lawrence R. Moss and Associates, Inc, for Landscape
Design Services for the Recreational Trail Project at Arroyo Vista Community Park and
authorize City Manager to sign, subject to final language approval of the City Manager;
and
2. Adopt Resolution No. 2015- , amending the FY 2015/16 Budget in the
amount of $44,850 from the Traffic System Management Fund and $5,000 from the
General Fund (1000) to fund landscape architect services for the Recreational Trail
Project at Arroyo Vista Community Park.
Attachment:
1 - Agreement
2 - Resolution No. 2015 -
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ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND LAWRENCE R. MOSS & ASSOCIATES, INC.
FOR LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT, is made and effective as of this day
of , 2015, between the City of Moorpark, a municipal corporation
("City") and Lawrence R. Moss & Associates, Inc., a corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for landscape architect services for the Arroyo
Vista Park Recreational Trail Project; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated August 12, 2015,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibits C and D,
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 landscape architect services, as set forth in Exhibits C
and D. In the event there is a conflict between the provisions of Exhibits C and D and
this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibits C and D.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibits C and D.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C . Compensation shall not exceed the rates or total contract
value of forty-seven thousand three hundred fifty dollars ($47,350.00) as stated in
Exhibit C, plus a reimbursable allowance of two thousand five hundred dollars
($2,500.00) for a total Agreement amount of forty-nine thousand eight hundred fifty
dollars ($49,850.00), without a written Amendment to the Agreement executed by both
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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
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 Lawrence R. Moss, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed forty-nine thousand
eight hundred fifty dollars ($49,850.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
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shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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 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
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
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Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of 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.
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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
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
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
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not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical 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. 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.
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16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Lawrence R. Moss, President
Lawrence R. Moss and Associates, Inc.
3458 Ocean View Boulevard
Glendale, California 91208
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
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receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
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.
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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.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
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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 LAWRENCE R. MOSS AND
ASSOCIATES, INC.
By: By:
Steven Kueny, City Manager Lawrence R. Moss, President
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.
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Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof 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 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 2004. 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
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make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
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.
195
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
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.
196
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
197
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
❑ Yes ❑ No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? ❑ Yes ❑ No
I have read the foregoing Code section and will comply with Government Code §7550.
Consultant Name
Signature, Title Date
198
EXHIBIT C
.;ii:,.41,t,i,c,n.i.i.:4:.;•1.:..
:miii§:ic$, Lawrence R. Moss& Associates,Inc.
w - ^ 3458 Ocean View Boulevard, Glendale,CA 91208
Moorpark Recreational Trail Project and Arroyo Vista
Community Park MMlonumcnt Sign - Cost Pro :)oral
Lawrence R. Moss&Associates, Inc. is pleased to submit this fee proposal to provide design
services for the Recreational Trail Project and Arroyo Vista Community Park Monument
Sign. Fee for services shall be as a not-to-exceed amount. The following is our Cost
Proposal breakdown:
COMPLETION OF CONCEPTUAL PLANS $ 9,000.00
COMPLETION OF FINAL APPROVED CONCEPTUAL DESIGN $ 12,350.00
COMPLETION OF CONSTRUCTION DOCS AND SPECS $ 21,000.00
BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES:$5,000.00
TOTAL NOT-TO-EXCEED $47,3.50.00
Should the project scope change or additional services required, the following is our hourly rate
schedule:
LAWRENCE R. MOSS& ASSOCIATES,INC.
Principal $ 175.00/hr.
Senior Associate $ 150.00/hr.
Associate $ 135.00/hr.
Arhorist $200.00/hr.
If you should have any questions regarding this fee proposal, please do not hesitate to call I,arry
Moss at(818) 248-5200 or c-mail at larry@Irmassoc.com.
Very tru yours,
Lawrence R. Moss, President
LAWRENCE R. MOSS&ASSOCIATES, INC.
Date: 027-.
. /2-j 2r0/5
- 1 - 199
EXHIBIT D
liste4e ii
CITY OF MOORPARK
REQUEST FOR QUALIFICATIONS
FOR
LANDSCAPE ARCHITECT SERVICES
for
RECREATIONAL TRAIL PROJECT
ARROYO VISTA COMMUNITY PARK
RFQ Submittals Due By:
August 13, 2015
AT 3:00 P.M.
Parks Recreation and Community Services Department
799 Moorpark Avenue
Moorpark, California 93021
Attn: Jessica Sandifer, Senior Management Analyst
200
INTRODUCTION
This Request for Qualifications (RFQ) is for landscape architecture services to design
landscape plans for the recreational trail project at Arroyo Vista Community Park
located at 4550 Tierra Rejada Road. The City has an aggressive project schedule, and
would like to go out to bid on the entire project in October 2015. 100% plan completion
and final submittal will be due October 1, 2015.
AREA DESCRIPTION
The Recreational Trail Project ("Trail") is a combined project that, once constructed, will
provide ADA access to several park amenities, a separated pedestrian and bicycle path
that provides a safe connection from the east end of the park to the west end and a
one-mile fitness trail that connects to the pedestrian portion of the bike path and travels
around the perimeter of the park. A general layout of the project is included as
Attachment 2. There are trees along the northern edge of the Trail that will be removed
as a pad of the construction of the project.
PROJECT DESCRIPTION
The Trail design has been completed by the project engineer. A complete set of plans
will be available at the time the contract is awarded. The goal of the project is to
produce design plans and construction drawings for the Trail utilizing a drought tolerant
and/or native plant palette, including modifications of the existing irrigation system to
serve the new landscape areas. The park utilizes well water and has two existing well
sites. All of the City's landscaping projects seek to increase public awareness in
regards to sustainable site design, utilizing water saving techniques, storm water
retention and drought tolerant and/or California native plantings. The work primarily
includes the landscape areas along the Trail to the north of the park, adjacent to the
access road and parking lots, including a newly designed detention basin. The Trail
areas within the interior of the park, and around the perimeter of the park turf areas, will
primarily include the renovation of the existing irrigation system and the addition of
trees. The City also seeks to renovate the north/east corner of Countrywood Drive and
Tierra Rejada Road to include a new monument sign for Arroyo Vista Community Park
and Recreation Center. This work will include the removal of a portion of the existing
wall and fence to accommodate the new monument wall design.
The City believes in using sustainable practices and principles whenever practical and
would like the design of the defined project areas to incorporate sustainable materials
and ideas in addition to any ideas mentioned above.
1
201
SCOPE OF WORK
The Scope of Work will be for both phases and at a minimum will include:
1. Site visits to document existing conditions, trees, plant, and hardscape materials.
2. A base file in AutoCAD file format shall be provided by the City.
3. Prepare conceptual plans.
4. Prepare preliminary shrub, ground cover, and tree planting palette.
5. Prepare cost analysis for the project as designed.
6. Meetings with City staff to review conceptual designs, plant palette, and irrigation
retrofit. (1-2 meetings, per phase)
7. Finalize selected design alternative with City staff(1-2 meetings, per phase)
8. Prepare construction drawings and specifications.
9. Respond and make modifications to the plans as required by the City.
10. Assistance during bidding and construction, as needed. Include a fee schedule
and description of services and not-to-exceed (NTE) cost for construction
administration services, to be billed on a time and material (T&M) basis.
Consultants are encouraged to make suggestions regarding improvements upon the
scope of work.
REQUIRED PROPOSAL INFORMATION
A. Technical Proposal
1. Cover Letter: This letter should introduce your firm and team and should be
limited to two (2) pages.
2. Statement of Qualifications: Include a statement of your firm's qualifications to
perform the work associated with this project focusing on projects with native
and/or drought tolerant plant palettes. The statement should include information
describing three (3) completed projects of a similar size and complexity finished
within the past three (3) years featuring native and/or drought tolerant materials
only. Projects that do not contain native and/or drought tolerant palettes will not
be considered as qualifying for this project. Provide client contact personnel and
telephone numbers for each project. Similar material should be provided for
each sub-consultant participating in the project. This material should be limited
to three (3) pages.
3. Organization and Staffing: Include an organizational chart showing your firm's
project management team and their organizational relationship. Provide
resumes for the project team including a resume for the Project Manager for
each sub-consultant. Each resume should be no more than one (1) page in
length.
4. Scope of Work: Provide a scope of work that describes task-by-task how you
plan to accomplish the required work. Said scope should include tasks for review
of work products by City staff. Effort should be made to keep the length of this
section to under three (3) pages.
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202
5. Person Hours by Task: Provide a table which shows your planned person
hours by classification and task for all work you plan to perform.
6. Project Schedule: Provide a bar chart that shows the planned starting time and
duration of each task in your scope of work.
B. Cost Proposal: To be provided in a separate sealed envelope.
1. Cover Letter: This letter should point out any conditions which could affect your
firm's costs.
2. Cost of Services: Provide a table that shows your fimi's estimated cost for the
services, listed by task, and by Phase.
3. Hourly Rates by Classification: Provide a listing of your firm's hourly rates by
classification as well as other cost factors which you would need to price extra
work.
PROPOSAL EVALUATION CRITERIA
The City of Moorpark intends to evaluate and rank the technical proposals received
utilizing the following criteria:
Criteria Points
Qualifications of the Firm: Based on experience and projects 10 •
similar to this project
References: Based on quality of references • 25
Staffing: Based on background and experience of proposed staffing • 25
on similar projects with the proposing firm
Schedule: Based on thoroughness and reasonableness 10
of the proposed schedule
Scope of Work: Based on the understanding of work, approach, 20
methods, procedures, etc.
Reasonableness of Effort: Based on proposed effort 10
The proposal submitted by each firm will be ranked using the evaluation method
described above. The highest ranked firms may be interviewed if the City feels that
clarification of proposals is necessary. The technical ranking may be adjusted
subsequent to the completion of any interviews.
The final evaluation and ranking of the proposals will consider the scores from the
technical review, with the final selection being based upon qualification, experience,
resources, understanding of the City's requirements, approach, methods and
procedures, and schedule. The highest ranked firm will be selected to negotiate an
Agreement utilizing the submitted cost proposal as a starting point.
The City is not bound to select any of the firms submitting proposals, may waive any
irregularities in proposals and their submittal which may be advantageous to the City,
3
203
and is not liable for any costs of preparation and submittal of proposals, including any
presentations made to the City.
GENERAL INFORMATION
• The City reserves the right to reject any and all submittals.
• The Consultant shall provide the City with any exceptions, additions, or
suggestions that will aide in the selection process.
• The proposal and this RFQ shall jointly become part of the Agreement for
Professional Services for this project when said agreement is fully executed by
the Consultant and City.
• Consultant is obligated to provide evidence of insurance liability as outlined in
Exhibit A to the agreement, which is Attachment 1 to this RFQ.
• Consultant will maintain required professional licenses and registration during the
life of the contract with the City.
• Consultant shall obtain a City of Moorpark Business Registration prior to
commencing any work.
• Subcontractors/subconsultants (subcontractors): The Proposer may utilize the
services of subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors. Unless a
specific subcontractor is listed by the Proposer, Proposer is representing to City
that Proposer has all appropriate licenses, certifications, and registrations to
perform the work hereunder.
After submission of the proposal, the Proposer shall not award work to any
unlisted subcontractor without prior written approval of the City. The proposer
shall be fully responsible to the City for the performance of his/her
subcontractors, and of persons either directly or indirectly employed by them.
Nothing contained herein shall create any contractual relation between any
subcontractor and the City.
The following is the City's tentative schedule for selection of the Consultant:
1. Issuance of RFQ: July 28, 2015
2. Deadline for RFQ submittal: August 13, 2015
3. Staff review of qualifications: August 13-192015
4. Award of Agreement & Notice to Proceed: September 2, 2015
4
204
Two (2) copies of each proposal must be received by 3:00 p.m. on August 13,
2015 at:
City of Moorpark
Parks, Recreation and Community Services Department
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Jessica Sandifer, Senior Management Analyst
Please clearly mark the envelope as follows:
RFQ- Landscape Architect Services
Recreational Trail Project
The consultant's cost proposal shall be submitted in a separate sealed envelope
from the submittal documents and clearly marked "COST PROPOSAL".
Attachment 1 - Sample Consultant Agreement with Insurance Requirements.
Attachment 2 -Conceptual Layout of Recreational Trail
•
5
205
ATTACHMENT 1 IS THE SAMPLE
AGREEMENT DOCUMENT AND HAS BEEN
REMOVED SO AS NOT TO BE DUPLICITOUS
206
ATTACHMENT 2
PORTION OF
RECREATIONAL TRAIL PLANS
207
CONCEPTUAL LAYOUT
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ATTACHMENT 2
RESOLUTION NO. 2015-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2015/16 BUDGET BY APPROPRIATING $44,850.00 FROM THE
TRAFFIC SYSTEM MANAGEMENT FUND (2001) FOR
LANDSCAPE ARCHITECT SERVICES AND $5,000 FROM THE
GENERAL FUND (1000) FOR DESIGN OF THE MONUMENT
SIGN FOR THE RECREATIONAL TRAIL PROJECT AT ARROYO
VISTA COMMUNITY PARK
WHEREAS, on June 17, 2015, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2015/16; and
WHEREAS, on August 19, 2015, a staff report was presented to the City Council
requesting a budget amendment of $44,850 from the Traffic System Management Fund
(2001) and $5,000 from the General Fund (1000) for Landscape Architect services to
design the landscape improvements and monument sign for the Recreational Trail
Project at Arroyo Vista Community Park; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An aggregate budget amendment of $44,850 from Traffic System
Management Fund (2001) and $5,000 from the General Fund (1000) for Landscape
Architect services is needed to fund the design of the landscape improvements for the
Recreational Trail Project at Arroyo Vista Community Park, as more particularly
described in Exhibit "A", attached hereto, 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.
PASSED AND ADOPTED this 19th day of August, 2015
Janice S. Pan/in, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A — Budget Amendment
209
Resolution No. 2015-
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
General Fund (1000)and Traffic System Management Fund(2001)for Landscape Design for the Recreational
Trail Project at Arroyo Vista Community Park
FY 2015/16
FUND ALLOCATION FROM:
Fund Account Number Amount
General Fund 1000-5500 $ 5,000.00
Traffic System Management Fund 2001-5500 $ 44,850.00
Total $ 49,850.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget' Revision Amended Budget
2001.7800.7852.9601 $ 33,286.15 $ 44,850.0.0 $ 78,136.15
1000.7800.7852.9601 $ - $ 5,000.00 $ 5,000.00
1000.7800.7852.9613 $ 75,000.00 $ - $ 75,000.00
2001.7800.7852.9642 $ 684,014.00 $ - $ 684,014.00
2602.7800.7852.9642 $ 66,000.00 $ - $ 66,000.00
2609.7800.7852.9642 $ 500,000.00 $ - $ 500,000.00
$ - $
$ - $
$
$ - $
Total $ 1,358,300.15 $ 49,850.00 $ 1,408,150.15
' Final accounting of FY 2014/15 project expenditures is pending. These amounts exclude adjustments for remaining
appropriations.
Approved as to Form: cgt-
210