HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 08M /N. 5C/0
ITEM • A'tm
.:OORPARK, CALIFORNIA
City Counc I Meeting
Acle clEx Report of 199,
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TO: The Honorable City Council _A
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: June 27, 1994 (Council Meeting 7-6-94)
SUBJECT: Consider Approval of a Request for Proposals (RFP) for
Civil Engineering Services to Prepare Plans and
Specifications for a Project to Reconstruct the Spring
Road Bridge
BACKGROUND
The City has received approval of a federal Highway Bridge
Rehabilitation and Reconstruction (HBRR) grant in the amount of
$506,000 for the subject project. Although the grant was
originally approved for a project to widen the existing bridge,
Caltrans has approved the application of these funds toward a
bridge reconstruction project.
DISCUSSION
Attached is the draft Request for Proposals (RFP) describing the
civil engineering services required for the preparation of the
project design.
The following is a tentative schedule of events related to the
selection of the design consultant for the project:
Dates Milestone
July 8 Distribute RFP
August 8 Pre-Proposal Meeting
August 16 Proposals Due
August 16 -- August 29 Proposal Evaluation
August 29 Staff Report Due
September 7 City Council Considers Selection
RECOMMENDATION
Staff recommends that the City Council authorize staff to
distribute the attached RFP to selected civil engineering firms.
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l ocl i i mor Proposal s
for the Preparation of
Design Plans and Specifications
for the Reconstruction of the
spr.i..rig Road 1ridg�
July 1994
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Submittal Deadline: August 16, 1994
i•
Page
I. Introduction and Background 1
II. Required Engineering Services 2
III. Qualifications 9
IV. Proposal Content & Format 9
V. Evaluation and Selection 11
VI. Submittal Instruction 12
Exhibit 1: Location Map
Exhibit 2: Agreement
I. INTRODUCTION AND BACKGROUND
A. Required Services: The City of Moorpark requires the
services of a qualified civil engineering firm to
prepare the design plans and specifications for the
removal and reconstruction of the Spring Road bridge
across the Arroyo Simi (Arroyo Las Posas) in the City
of Moorpark (hereinafter referred to as the
"project") .
B. Pre-Proposal Meeting: There will be a Pre-Proposal
meeting at City Hall on August 2, 1994, to allow for
a discussion of the project and the requirements of
this RFP (see Section VI-A for details) .
C. Project Location: The location of the project is
identified in Exhibit 1.
D. Name of Present Bridge Structure:
Bridge Name: Arroyo Las Posas / Spring Road.
Bridge No. : 52C0122
Ref. File Nos. : 59312 , 962052
E. Dimensions of the Present Bridge Structure:
Length• 122'
Width: 28'
Approach Width: 34'
Number of Lanes: 2
Number of Bike Lames . . 0
Number of Sidewalks . . . 2
Width of Sidewalks . . . 2'
Posted Speed Limit . . . 45 MPH
F. History of the Present Bridge Structure: The existing
bridge structure at the project location was
constructed by Caltrans in 1952 to provide access
across the Arroyo Simi (Arroyo Las Posas) for State
Route 23 . The bridge and adjacent roadway was
relinquished to the County of Ventura when the
Moorpark Freeway was opened. The bridge and roadway
were eventually conveyed to the City with the
incorporation of the City of Moorpark in 1983 .
G. Status of Present Bridge Structure: The present
structure is a four-span cast in place concrete box
girder bridge supported by two abutments and three (3)
sets of six (6) column piers with pier caps. In
addition, there are a number of utilities crossing the
arroyo which are supported by the bridge.
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The present bridge has received a deficiency rating
from Caltrans of 70. 3 . It has been determined that
the bridge is functionally obsolete due to its
substandard width. As stated above, the curb-to-curb
width of the bridge is twenty-eight feet (28' ) with
two feet (2' ) wide sidewalks and no accommodation for
Bike Lanes.
During periods of peak storm flows, debris collects on
bridge support and impedes the flow of stormwater
under the bridge diminishing the hydraulic capacity
under and past the bridge. Recent investigation by
Caltrans indicates the bridge is structurally sound.
H. HBRR Grant: The City has received approval of a
Federal Highway Bridge Replacement & Rehabilitation
(HBRR) grant in an amount preliminarily approved at
$506,000. This amount is based on tentative project
cost estimate for the construction of a bridge
rehabilitation project to widen the existing bridge
structure. It is the intent of the City to apply
these grant proceeds to the proposed removal and
reconstruction of the bridge.
I. Circulation Element: The designation for the roadway
segments in the vicinity of the subject project, as
set forth in the Circulation Element of the Moorpark
General Plan, areas follows:
Segment Designation Description
From Los Angeles Avenue Four Lane Arterial A four-lane roadway.
southerly to the north end Road • R-0-W width: 80-100 feet.
of the Arroyo Simi Bridge • Curb-to-curb pavement
width: 60-80 feet.
From the north end of the Local Collector A two-lane roadway.
Arroyo Simi bridge southerly • R-0-W width: 50-70 feet.
to Peach Hill Road • Curb-to-curb pavement
width: 36-54 feet.
II. REQUIRED ENGINEERING SERVICES
A. General: The City of Moorpark requests proposals from
qualified civil engineering firms for the engineering
services necessary to gather the required information,
perform the required analysis, prepare design plans
and specifications, seek and obtain necessary approval
and perform certain related services as described
herein, to enable the City of Moorpark to proceed with
a contract for the construction of the project.
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B. Project Description: The new bridge structure shall
meet the following minimum objectives:
Length• 122'
Width: 40'
Approach Width: 40'
Number of Lanes: 2
Number of Bike Lanes . . 2
Number of Sidewalks . . . 2
Width of Sidewalks . . . 6.5'
Posted Speed Limit 45 MPH
The tentative budget for this project is $2.5 million.
C. Work Elements: The elements of the services required
include, but are not limited to the following:
1. Survey -- The Consultant will be provided with a
copy of the Caltrans design for the present
structure. Although the Consultant will be given
access to all pertinent City records, it is
anticipated that it will be necessary for the
Consultant to develop most of the data required to
develop the project design through field survey.
The required survey effort will include, but is
not limited to, determining the location of
existing street improvements, channel improvements
and utilities. In addition, the survey effort
shall include the gathering of all information
pertaining to the future modification, alteration,
expansion or improvement of the existing street,
utilities and storm channel.
The Consultant shall prepare a topographic and a
culture survey of the area affected by the
project. All found or re-established street
centerline control points shall be sufficiently
described in the survey notes and durably marked,
tied-out, or tagged in the field for future
reference. Disks, plugs or tags required during
prosecution of the survey work shall be provided
by the Consultant subject to the approval of the
City.
2. Alignment Study -- The present alignment of
Spring Road north of the Arroyo has been
established by adjacent property development. The
alignment of Spring Road south of the Arroyo turns
southeasterly and rises to meet a significant
grade. The Consultant will be required to
3
evaluate the existing alignment and to determine
if it would be feasible and cost effective to
increase the radius of this curve. Any relocation
of the roadway to the east could cause a conflict
with an existing facility owned and operated by
the Calleguas Municipal Water District.
3 . Utility Relocation Analysis -- The Consultant
shall work with all of the affected utilities and
coordinate efforts required for the development of
utility relocation plans. Said utility relocation
plans shall include, if necessary, temporary
relocation plans and coordination and construction
staging and phasing plans.
4. Right-of-Way Needs Analysis -- Based on the
alignment determined by the approved conceptual
design, the Consultant shall determine the right-
of-way acquisition requirements of the project.
All Legal Descriptions of right-of-way parcels
required by the project will be provided by the
Consultant. All other efforts required to obtain
title reports, prepare deeds, negotiate and
acquire property, seek and obtain Policies of
Title Insurance and related work, will either be
done by others or be provided by the Consultant,
if approved by the City, as additional work at a
mutually agreed upon price.
5. Hydrology Analysis -- The Consultant shall
consult with and obtain all information and
requirements from the Ventura County Flood Control
District (VCFCD) bearing on the design for the
project. Based on said consultation, the
Consultant shall prepare a hydrology and hydraulic
analysis and evaluation of the existing and
proposed channel as it relates to the bridge
waterway opening required to satisfy the
requirements of the VCFCD. The Consultant shall
also assess any existing storm drain connections
at or in the immediate vicinity of the proposed
project and shall make recommendations regarding
possible desired modifications to those
facilities. The design of any such storm drain
modifications is not a part of the project and
shall only be done by the Consultant, if approved
by the City, as additional work at a mutually
agreed upon price.
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6. Geotechnical Analysis -- The Consultant shall
prepare a geotechnical analysis of the adjacent
areas impacted by the project. Said analysis
shall include the effort necessary to determine
the structural requirements for the bridge
abutments and other support structures.
7. Bridge Design -- The Consultant shall prepare
the bridge design in accordance with the design
standards set forth herein. The Consultant is
requested to develop a design for the most
economical bridge structure which meets the needs
and goals set forth herein.
8. Trails -- The Consultant shall demonstrate how
the proposed bridge structure will be compatible
with the possible future construction of trails
along the Arroyo Simi for pedestrian, bicycle and
equestrian use. Said review shall include an
evaluation of the feasibility of placing the
trail , and possibly the VCFCD maintenance road,
under the bridge structure.
9. Roadway Design -- The Consultant shall prepare
construction drawings at standard size (23"x36")
and scale (H: 1"=40' , V: 1"=4' ) with standard City
title block to include, but not limited to the
following:
• existing and proposed horizontal and vertical
alignment of street centerline, curb lines or
edge of pavement and property lines;
• existing and proposed street cross-sections and
profiles;
• existing obstruction;
• general topography and culture;
• utility location and features;
• pavement striping;
• drainage structures and ditches;
• buildings fences, driveways, and other private
property features located within the proposed
ultimate street right-of-way;
• appropriate City standard symbols and labels;
• complete construction notes and quantities;
and,
• benchmarks, pavement thickness, soil log and
pothole information.
10. Road Closure Analysis -- As a part of the
Conceptual Design phase, the Consultant shall
prepare an analysis of the feasibility and cost of
closing Spring Road to accommodate construction of
the project. Said analysis shall include a
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comparison of the estimated costs and time of
construction anticipated for the two construction
approaches characterized by:
a) the complete closure of the street to through
traffic during at least a portion of the
construction; and,
b) the maintenance of through traffic, except for
minor interruptions, throughout the
construction of the project.
11. Construction Staging and Traffic Control Plans --
Based on the decision of the City to close the
street or require the maintenance of traffic, the
Consultant shall prepare a Construction Staging
Plan and a Traffic Control Plan as a part of the
project design.
12. Interface with Other Agencies -- The Consultant
shall consult with, determine the needs of and
resolve any conflict with facilities owned and/or
operated by other agencies and/of utilities. The
Consultant shall be required to obtain all permits
required for the construction of the project.
D. Design Requirements: The elements of the services
required include the following:
1. Design Standards -- The Consultant shall prepare
the project design in accordance with the
requirements of the AASHTO Code and Caltrans
Bridge Design supplements, including all
applicable seismic design standards and
requirements.
2. VCFCD -- The Consultant is required to confer
with the Ventura County Flood Control District
(VCFCD) and to determine all requirements of said
Agency which may bear on the design and
construction of the project. Consultant shall
also determine the requirements for, and shall
seek and obtain, an Encroachment Permit from said
Agency for the construction of the project.
3. Final Documents -- Upon approval of the final
project plans, the Consultant shall deliver to the
City of Moorpark a copy of all notes of any field
surveys made, all reports of tests made, studies,
reports, design calculations, plans, drawings,
specifications, and all other materials and
documents received by or prepared by the
Consultant in their performance of the work
required by the Agreement for Consulting Services.
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E. Design Phases: The design effort shall include the
following phases of work:
1) Conceptual Design: The Consultant shall develop a
conceptual design based on input and direction set
forth herein and information to be obtained by the
Consultant. The Conceptual Design shall include
the Consultant's findings and recommendations,
including alternatives when necessary and/or
warranted, relative to the following:
• bridge alignment;
• tentative right-of-way needs;
• utility relocation requirements;
• the conceptual bridge design (length, width,
number of spans, span lengths, abutments, mid-
channel supports, etc. ) ;
• road closure analysis;
• plans and profiles; and,
• preliminary cost estimate for each alternative.
It is the intent of the City to select from any
alternatives developed by the Consultant, the
final design concept to be developed by the
Consultant.
2) Preliminary Design [Widening]: The Consultant
shall prepare a preliminary design and a
construction cost estimate for a theoretical
project to widen the existing bridge. This effort
is required in order to determine the construction
cost of such a project for the purpose of
determining the final approved amount of the HBRR
grant. This preliminary design shall include the
following:
• the widening the existing bridge on the
upstream side an additional twenty-seven feet
(27' ) in order to provide a bridge with
dimensions consistent with the project
description set forth above in Section IIB;
Note: It is understood the bridge alignment would remain unchanged;
• the construction of pier walls enclosing the
existing bridge piers;
Note: The purpose of this construction is to improve the hydraulic
performance of the structure and to help prevent debris from
collecting on the piers; and,
• the extension of said pier walls on the
upstream side of the bridge to provide for
"training walls" to further improve the ability
of the bridge to pass debris downstream.
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r•
3) Preliminary Design [Project] : Based on the
direction provided by the City upon approval of
the conceptual design, the Consultant shall
prepare a preliminary design for the project. The
preliminary design shall include the following:
• the final bridge alignment;
• the design for the reconstruction of the
approaches to the bridge;
• the final right-of-way acquisition
requirements;
• the final utility relocation requirements;
• the final draft construction staging plans and
traffic control plans;
• the final draft bridge design (length, width,
span, abutments, mid-channel supports, etc. ) ;
• final design for the sidewalks, bridge railing
/ pedestrian fencing and related improvements;
• final draft plans, profiles and structural
cross-sections; and,
• final draft construction items, quantities and
cost estimates.
Note: The Environmental Analysis and the
preparation of any environmental
documents required by this project shall
be prepared by the City. Said analysis
will be based, in part, on the approved
Preliminary Design.
4) Draft Final Design: Based on the direction
provided by the City upon approval of the
preliminary design, the Consultant shall prepare
the final draft design for the project. The final
draft design shall include the following:
• final right-of-way needs (See Section II C4).
• the final utility relocation requirements;
• construction staging plans;
• traffic control plans;
• final bridge design, including plans, profiles
and structural cross-sections;
• street and roadway improvements plans for the
bridge and bridge approaches;
• signing and striping plans [Note: Striping plans shall
indicate the location of future Bike Lanes]; and,
• final bid items, quantities and cost estimates.
5) Construction Documents: Based on the direction
provided by the City upon approval of the draft
final design, the Consultant shall prepare a
complete set of plans and specifications for
project. Said work shall include a final estimate
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of probable construction cost based on a detailed
list of construction contract bid items,
quantities and estimated bid prices.
6) Design Review: At the end of each design phase,
the work product to date shall be presented to the
City for review and approval. It is anticipated
that the Consultant will be required to attend at
least four design review meetings with City Staff.
It may also be necessary for the Consultant to
give one or more presentations to the City Council
and/or a City Council Committee.
7) Materials and Information to be Provided by the
City: The City will provide the selected
Consultant with the following materials and
information:
• base sheets to be used as plan sheets;
• all Bidding and Contract Documents except for
the Bid Sheet indicating bid items and
quantities.
F. Bidding Phase: The Consultant shall provide support
to the City during the bidding period. Said work
shall include providing answers to technical questions
from all plan holders and for preparing all addenda of
a technical nature. The mailing of all Addenda to all
of the plan holders shall be done by the City.
G. Design Consultation Phase: The Consultant shall
provide technical support to the City during the
construction of the project. Said effort shall
include, as requested, the preparation of all Change
Orders of a technical nature, which do not represent
a significant alteration of the project design. All
proposed Change Orders will be issued by and approved
by the City.
III. QUALIFICATIONS
Potential providers of the requested services should be
able to clearly describe and demonstrate appropriate and
relevant qualifications to perform the civil engineering
services requested herein.
IV. PROPOSAL CONTENT & FORMAT
A. Content of Proposal: The Consultant's proposal shall
fully address the requirements set forth in this RFP.
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B. Design Team: List the names, qualifications, and
experience of the individuals assigned to provide the
requested design services and designate the person to
serve as Project Manager. Provide an organizational
chart showing the relationship of the Project Manager,
other key personnel and supporting staff assigned to
the project. List all proposed specialty sub-
contracting firms to be used to provide the services
require.
C. Address: Identify all branch offices anticipated to
perform any work on the project. List the location,
address, and telephone number of the main office from
which the services are to be provided.
D. Statement of Qualifications: Provide sufficient
information to demonstrate possession of the
qualifications required herein. The information
should include a list of names, addresses, telephone
numbers, and contact persons of agencies for which
similar services have recently been provided.
E. References: The references alluded to above must
include the last three clients for which similar
services were provided.
F. Statement of Understanding of the Project: Provide a
narrative of the Consultant's understanding of the
scope and nature of the project and the requested
services.
G. Design Approach: Provide a statement describing the
design approach and/or methods to be used by the
Consultant in developing project design. The
statement should describe the various resources to be
used by the Consultant.
H. Description of Work Product: Provide a statement
describing the Scope of Work to be provided, including
the various tasks required and the phases of work.
I. Statement of Methods and Procedures: Provide a
statement describing the methods, means and procedures
to be employed by the Consultant in developing the
project design. The statement should include a
description of the separate design disciplines to be
used. The statement should also describe the ways in
which the final work product will be adequate and
sufficient to address the requirements of the Ventura
County Flood Control District.
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J. Work Schedule: Provide a matrix bar chart indicating
the various tasks required and the start/completion
date for each. It is expected that the work should
commence by mid-September 1994, and be completed prior
to April 1995. It is the intent of the City to
proceed as soon as possible with project construction.
K. Quality Control: Provide an outline of a Quality
Control Plan. Indicate in the Work Schedule described
above, how this plan will be integrated into the
design process.
L. Fee: THE CONSULTANT'S FEE SHALL BE SUBMITTED IN A
SEPARATE SEALED ENVELOPE and shall include or address
all of the following:
1) an ESTIMATED FEE and a NOT TO EXCEED FEE for each
phase of the work;
2) the per cent of total for the ESTIMATE FEE quoted
for each phase of the work;
3) a list of classifications of work and the hourly
rate for each, said rate schedule to be used for
computing the cost of any extra work requested by
the City; and,
4) a listing of the various categories of
Reimbursable Expenses, if any, not included in the
fee, along with the rates to be charged.
V. EVALUATION AND SELECTION
The City will consider selection of a consultant from the
list of those submitting proposals. The selection process
will consist of the screening of proposals by City staff
and may require presentations before an evaluation panel.
The panel will then recommend to the City Council the firm
judged to best meet the needs of the City.
Proposals will be evaluated on the basis of
qualifications, experience, staff resources, understanding
of the scope of work, approach, methods and procedures,
commitment to schedule, fee and other pertinent
information.
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VI. SUBMITTAL INSTRUCTIONS
A. Pre-Proposal Meeting: A Pre-Proposal meeting will be
held in the Conference Room of the Moorpark City Hall
at 799 Moorpark Avenue, at 10:00 a.m. on August 2,
1994. The purpose of the meeting will be discuss and
clarify the scope of the project and the requirements
of this RFP. Although attendance is not mandatory,
all of those interested in submitting a proposal are
encouraged to attend.
B. Submittal Date: All proposals must be received by the
City Manager's Office by 4:00 p.m. Tuesday, August 16,
1994.
C. Form: Four (4) identical copies of the proposal shall
be submitted in a sealed envelope(s) with the
company's return address and the words: "Proposal:
Spring Road Bridge Design" on the outside. Again, the
consultant's fee shall be placed in a separate sealed
envelope inside the proposal package and shall be so
marked. The proposals should be addressed as follows:
City of Moorpark
Att: Public Works Department
799 Moorpark Avenue
Moorpark, California 93021
D. General Information
1) Proposals shall be signed by an authorized
official of the consulting firm.
2) Proposals shall be valid for a minimum of sixty
(60) days.
3) The City reserves the right to reject any and all
proposals with or without cause, and waive any
informalities as may occur in the bid process.
4) The terms and scope of the contract may be arrived
at on the basis of negotiations between the City
and the Consultant. If the City and prospective
consultant fail to reach a contractual agreement,
the City may enter into negotiations with another
firm.
5) The City reserves the right to expand or reduce
the scope of the work subject to negotiation with
the successful bidder.
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. -
6) Attached for your information and review is a
sample Professional Services Agreement
(Exhibit 2) .
E. Inquiries: Telephone inquiries should be directed to
the following:
Ken Gilbert, Director of Public Works
(805) 529-6864 [Ext. 255]
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AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State
of California, hereinafter referred to as "CITY" and
,a California Corporation,
hereinafter referred to as "Consultant" .
WITNESSETH
Whereas, the City requires certain civil engineering
services, as generally set forth in Exhibit 'A' attached hereto
and made a part hereof, required to prepare a design for the
reconstruction of the Spring Road Bridge; and,
Whereas, the Consultant is qualified to provide such
services and has submitted a Proposal pertaining to same,
attached hereto as Exhibit 'B' ; and,
Whereas, City wishes to retain Consultant to prepare said
design.
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree
as follows:
City does hereby appoint Consultant in a contractual
capacity to perform certain professional civil engineering
services as set forth herein.
I. Scope of Work
The services to be provided by Consultant shall be as set
forth in Exhibit 'A' attached hereto. Also attached as
reference is the Proposal submitted by Consultant dated _
(Exhibit "B") .
II. Compensation
The amount of full compensation to Consultant for said
services shall be $ , a detail breakdown
of which is set forth in Exhibit 'A' .
II. Termination
This agreement may be terminated with or without cause by
City at any time with no less than 10 days written notice
of such termination. In the event of such termination,
Consultant shall be compensated for such services up to
the date of termination. Such compensation for work in
progress shall be prorated as to the percentage of
progress completed at the date of termination.
This agreement may be terminated by Consultant only by
providing City with written notice no less than 30 days in
advance of such termination.
III. General Conditions
A. City shall not be called upon to assume any liability
for the direct payment of any salary, wage or other
compensation to any person employed by Consultant
performing services hereunder for City.
B. Consultant is and shall at all times remain as to the
City a wholly independent contractor. Neither the
City nor any of its officers, employees, servants or
agents shall control over the conduct of Consultant or
any of Consultant officer, employees or agents, except
as herein set forth.
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 employees of the City.
C. At the time of 1) termination of this agreement or 2)
conclusion of all work; all original documents,
designs, drawings, reports, calculations, diskettes,
computer files, notes, and other related materials
whether prepared by Consultant or their
subcontractor(s) or obtained in the course of
providing the services to be performed pursuant to
this agreement shall become the sole property of the
City.
D. Consultant shall hold harmless, indemnify and defend
the City and its officers, employees, servants and
agents serving as independent contractors in the role
of City Manager, Deputy City Manager, Director of
Public Works, Assistant City Engineer, City Engineer
or City Attorney from any claim, demand, damage,
liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or
injury to any person and injury to any property,
resulting from misconduct, negligent acts, errors or
omissions of Consultant or any of its officers,
employees or agents in the performance of this
agreement, except such damage as is caused by the sole
negligence of the City or any of its officers,
employees, servants or agents.
2
The City does not, and shall not, waive any rights that it may
have against Consultant by reason of Paragraph E hereof,
because of the acceptance by the City, or the deposit with the
City, of any insurance policy or certificate required pursuant
to this agreement. This hold harmless and indemnification
provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the
claim, demand, damage, liability, loss, cost or expense
described in Paragraph E hereof.
E. Consultant shall secure from a good and responsible
company or companies doing insurance business in the
State of California, pay for, and maintain in full
force and effect for the duration of this agreement
those policies of insurance required by this paragraph
and shall furnish to the City Clerk of the City
certificates of said insurance on or before the
commencement of the term of this agreement.
Notwithstanding any inconsistent statement in any of
said policies or any subsequent endorsement attached
thereto, the protection offered by the policies shall:
1. Name the City and its officers, employees,
servants and agents serving as independent
contractors in the role of City Manager, Deputy
City Manager, Director of Public Works or City
Attorney, as additional insured with Consultant.
2. Insure the City and its officers, employees, and
agents while acting in the scope of their duties
under this agreement against all claims, demands,
damages, liabilities, losses, costs or expenses
arising from, or in any way connected with, the
performance of this agreement by Consultant or
the City.
3. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation or amendment is
effective. Consultant shall give City thirty
(30) days written notice prior to the expiration
of such policy.
4. Be written on an Occurrence Basis.
F. Consistent with the provisions of Paragraph E,
Consultant shall provide general public liability
including automobile liability, property damage
insurance and errors and omissions insurance in an
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amount not less than two million dollars
($2,000,000.00) per occurrence and annual aggregate.
G. Consistent with the provisions of Paragraph E,
Consultant shall provide workers' compensation
insurance as required by the California Labor Code.
If any class of employees engaged by Consultant in
work under this agreement is not protected by the
workers' compensation law, Consultant shall provide
adequate insurance for the protection of such
employees to the satisfaction of the City.
H. 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.
I. The Proposal (Exhibit 'B' ) submitted by Consultant is
hereby incorporated into this Agreement. Where said
exhibit is modified by this Agreement, including the
provisions of Exhibit 'A' attached hereto, the
language contained in this Agreement shall take
precedence.
J. Payment to Consultant shall be made by City within 30
days of receipt of invoice, except for those which are
contested or questioned and returned by City, with
written explanation within 30 days of receipt of
invoice. Consultant shall provide to City a written
response to any invoice contested or questioned and
further, upon request of City, provide City with any
and all documents related to any invoice.
K. 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 of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To:
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Either party may, from time to time, by written notice
to the other, designate a different address which
shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or upon
deposit in the United States mail.
L. Nothing contained in this agreement shall be deemed,
construed or represented by the City or Consultant or
by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint
venture, or of any other association of any bind or
nature between the City and Consultant.
M. This agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written,
are hereby merged herein. This agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
N. 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.
0. 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.
P. 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 reasonable
attorney's fees, from the losing party, and any
judgement or decree rendered in such a proceeding
shall include an award thereof.
Q. Cases involving a dispute between the City and
Consultant may be decided by an arbitrator if both
sides agree in writing, with costs proportional to the
judgement of the arbitrator.
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R. This agreement is made, entered into, 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.
S. The captions and headings of the various Articles and
Paragraphs of this agreement are for convenience and
identification only and shall not be deemed to limit
or define the content of the respective Articles and
Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Consultant overall
performance of the contract provisions herein above set
forth and to serve as principal liaison between City and
Consultant shall be
Upon mutual written agreement of the parties, other
individuals may be substituted in the above capacity.
V. IMPLEMENTATION
The City shall provide Consultant with written notice in
advance of the date at which these services are to be
implemented if different than the date of the agreement.
CITY OF MOORPARK: CONSULTANT:
Paul W. Lawrason Jr. , Mayor
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Exhibit 'A' : Scope of Work