HomeMy WebLinkAboutAGENDA REPORT 2013 1016 CCSA REG ITEM 10F ITEM 10.F.
MOORPARK CITY COUNCIL __!'., - ii
AGENDA REPORT
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director ,
DATE: October 4, 2013 (CC Meeting of 10/16/13)
SUBJECT: Consider Agreement with Willdan Engineering Inc. for Engineering
Plan Check and Development Inspection Services
DISCUSSION
RJR Engineering Group (RJR) currently provides engineering plan check and
construction inspection services to the City for land development construction projects.
The Essex project located north of High Street and just west of the Community Center
is nearing completion of the entitlement process and is expected to be submitted for
engineering plan check in the near future. Prior to becoming the City's engineering plan
check and inspection services provider, RJR performed engineering services for the
Essex project. To avoid any perceived conflicts of interest related to RJR performing
engineering plan check and inspection services for the City on the Essex project, staff
proposes to hire Willdan Engineering Inc. (Willdan) to provide those services. There
will be no change to the City's existing schedule of fees to be collected from the Essex
project for Willdan to provide engineering plan check and inspection services.
Willdan has submitted a proposal which is included in the attached agreement as
Exhibit C. Willdan will initially provide engineering plan check and inspection services
for the Essex project only, but staff may utilize Willdan's services on other projects if
necessary. Willdan currently provides engineering plan check services to the City of
Camarillo and has qualified personnel to provide the required engineering plan check
and inspection services to the City of Moorpark.
FISCAL IMPACT
Engineering plan check and inspection services performed by the City's consultant, along
with City administrative costs, are paid from deposits made to the City by developers.
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Honorable City Council
October 16, 2013
Page 2
STAFF RECOMMENDATION
Authorize the City Manager to execute an agreement with Willdan Engineering, Inc. for
engineering plan check and development inspection services, subject to final language
approval by the City Manager and City Attorney.
Attachment:
Agreement
S:\Public Works\Everyone\Reports\Staff Reports\2013\October\10-16-2013(Willdan Plan Check Agreement).doc
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
WILLDAN ENGINEERING, FOR PLAN CHECK
AND DEVELOPMENT INSPECTION SERVICES
THIS AGREEMENT, is made and effective as of this day of
, 2013, between the City of Moorpark, a municipal corporation
("City") and Willdan Engineering, a California corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for plan checking and construction inspection
services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated July 8, 2013,
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 Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide plan checking services, as set forth in Exhibit B. In the
event there is a conflict between the provisions of Exhibit B and this Agreement, the
language contained in this Agreement shall take precedence. Consultant shall perform
the tasks described and set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibits B and C. Compensation shall not exceed the rates as stated in
Exhibit C, without a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions of this
Agreement.
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
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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 Roxanne Hughes, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibits B and C, based
upon actual time spent on the above tasks.
Consultant shall not be compensated for any services rendered in connection
with its performance,of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager or the City Manager's designee. Consultant shall be compensated for any
additional services in the amounts and in the manner as agreed to by City Manager and
Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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
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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 ( )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
This Section is intentionally left blank.
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
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free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services,, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees al, ents ("Indemnified Wires") from and against any and all
losses, liabilities, damages, 'costs and expenses, including legal counsel's fees and
costs to the extent same are caused in whole%or in part by any negligent or wrongful act,
error or omission of Consultant, its officers,;agents, employees or subconsultants (or
any agency or individual%th.*Coi sultant shat bear the legal liability thereof) in the
performance of prfessional services"under",this'agreement.
indemnity for other<than professional liability: Other than in the performance of
professional-services and ithe fully extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsel fees
and costs, court costs, iFlterest, 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
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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; tl timetijqe 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 th*Agreemer ;Consultant.shall not at any time or in any manner represent
that it or any"'offts officers, employees,,or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur,any debt, obligation, or liability against City, or bind
City in any Manner.
No employee benefits shall be available to Consultant in connection with the
performance of this 4greemertt. Except for the fees paid to Consultant as provided in
the Agreement, City 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. The City, and its officers and
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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.
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
Servicesduring 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 wth 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
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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: Roxanne Hughes
Willdan Engineering
374 Poli Street, Suite 101
Ventura, California 93001
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
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.
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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
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 WILLDAN ENGINEERING
By By
Steven Kueny, City Manager Bill Pagett, Director of Engineering
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 but in no event less than
$2,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant.or Consultant's employees, or agents, from waiving the right
to subrogation prior tale 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.
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6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
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
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deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or anr 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 Fes ve 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 Consultants 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.
494
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
495
Exhibit B
Scope of Services
A. Plan, Map and Report Review
Plans, maps and supporting documents shall be picked up by Consultant the first
workday following submittal to City. Consultant shall return the reviewed documents to
the City with a summary review letter as required below. City shall be responsible for
delivery of reviewed documents to the permit applicant.
1. Consultant shall review and check Final aps, Parcel Maps, grading and
improvement plans, hydrology and hydrae reports, cost estimates and soils
reports for compliance with the curr , California Subdivision Map Act, City
ordinances, conditions of approval, Development Agreements, all applicable codes
and sound engineering practices.
2. All plans, maps and reports shall be ready for City approval at the conclusion of
the third plan check. The following review turnaround times shall apply:
a. First plan check: Within twenty (20) business days after submission of a
completed set of plans.
b. Second plan check: Within ten.(10) business days after submission of
requested changes.
c. Third plan check:; Within five (5) business days after submission of requested
changes.
Additional plan checks beyond the third plan check shall only be permitted when
approved in advance by the City Manager or his/her designee. Recovery of cost for
such plan check shall be at the billing rates shown in Exhibit C. Recovery of costs
beyond the fourth plan check may be reduced to less than one hundred percent (100%)
if the City Manager or his/her designee determines that the need for the additional plan
check is the fault of Consultant.
B. Land Development Inspection
Consultant shall provide field inspection during the construction of grading and
improvements by private developers to ensure compliance with the project plans and all
applicable specifications and codes.
Consultant shall maintain daily inspection reports and any other written documentation
regarding a project, and provide a complete record to the City upon completion of a
project.
496
C. Compensation
Plan, Map and Report Review
For services provided as described in Section A, Consultant shall be paid a seventy
percent (70%) fixed fee, of the review fees collected by City. Progress payments shall
be made to the Consultant as follows:
Fifty percent (50%) upon completion of the first plan check; an additional twenty-
five percent (25%) upon completion of the second plan check; an additional
twenty-five percent (25%) upon completio of the third and final plan check.
Completion of the final plan check shall occur n ;when the plans are signed by the
City Engineer or such other City employee designated by the City Manager.
Other Reviews
For easement reviews, hydrological, geological, or other,analyses beyond typical land
development project review, Consultant shall be ;aid a� tional compensation for actual
cost for preparation or review of.such analyses.` r such services, Consultant shall
provide City with a quotation. No services will b Foe authorized until written City approval
is granted and an Additional Services Authorization is signed by the City Manager or the
City Manager's designee. The services provided by Consultant pursuant to this section
shall be performed a timely manner to allow City compliance with the processing
requirements of the Permit Streamlining Act.
Land Development Inspection
For services °pro as described in Section,B, Consultant shall be paid a seventy
percent (70%) fixed fee, of th'elicurrent fees lected by City. Progress payments shall
be made according to current ,ourly fee schedule, not to exceed ninety-five percent
(95%) of the:total fee, unti recommendation of final acceptance of the project is made
by the Consultant to the City Engineer (in the event the City Engineer is not a City
employee, then City Manager or his or her designee), at which time the remainder of
the fixed fee shall ieinvoiced as part of the next billing cycle.
D. Consultant HourlY 14ates
The Consultant's hourly fee rates for services provided for this Agreement shall be
those contained in Exhibit C.
497
Exhibit C
Proposal
498
WWI LLDAN I extending
Engineering reach
July 8, 2013
Dave Klotzle
City Engineer/Public Works Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Proposal for Third Party Land Development Plan Check Services,Soils Review and
Inspection(Construction Observation)for the Essex Project
Dear Mr. Klotzle:
Willdan Engineering(Willdan)is pleased to submit this proposal to the City of Moorpark(City)to
provide third party land development plan checking review, soils and geology review,and inspection
services for the Essex Project(Moorpark Apartments). Willdan has prepared this proposal to provide the
services as requested via phone conversations and email from the City. We are prepared and dedicated to
provide the City with the extension of staff necessary to perform these services within the established
turnaround times and fee structure that the City currently uses.
Willdan is the ideal consultant to provide the desired services because of our extensive knowledge of
public agencies. I will personally serve as the Project Manager and main point of contact for this
assignment. I have well over a decade of land development plan check experience and I am currently
serving as a contract Deputy City Engineer and Contract Land Development Project Manager for different
cities,resulting in a critical knowledge of the processes and procedures required to effectively execute
this project.
Willdan has an outstanding team of experts ready to serve the City of Moorpark. We have gathered
a team who has previously worked together to successfully complete similar scope of work and schedule
as being requested by the City.
The enclosed proposal includes Willdan's proposed team members, scope of work,and fee as we see is
necessary to provide the City with the requested services, based on our depth of experience completing
similar services to numerous agencies throughout California.
We appreciate this opportunity to submit our proposal for your consideration and look forward to
discussing your needs and our qualifications. If you have any questions, please contact Ms. Roxanne
Hughes at(805)653-6597 or rhughes @willdan.com.
Respectfully submitted,
WILLDAN ENGINEERIN
We'
Roxanne Hughes, P
Principal Project Manager
Engineering and Planning I Energy Efficiency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability
805.653.6597 I 800.491.1720 I fax:805.643.0791 I 374 Poli Street,Suite 101,Ventura,California 93001-2605 I www.willdan.com
499
Cit} of\loorpark
LD Plan Check, Soils and Inspection Services
For the Essex Project
ink 8. 201
Page 2
Project Team
Project Manager
Ms. Roxanne C. Hughes,PE, Principal Project Manager, will be the contract Project Manager and in
responsible charge for all aspects of project performance. She will be the primary point of contact and
will perform the actual final plans review and complete the plan check comments to be returned to the
City for processing to the applicant. Ms. Hughes has over 15 years of experiencing performing land
development services for a variety of cities. She was born and raised in the City of Ventura, and is
therefore very familiar with Ventura County on the whole. Over the last decade, Ms. Hughes has
provided land development plan checking for local the Cities of Simi Valley, Fillmore,Thousand Oaks
and Camarillo. Her plan checking experience includes cities and counties all over the State of California,
however most of the experience is local to Ventura County.
Proposed Team
Mr. Mike Perkins,EIT,Senior Plans Examiner, will provide the primary grading and drainage plan
review services. He has been involved in land development plan checking for twenty-five years,
including serving Ventura County agencies such as Simi Valley, Fillmore, Thousand Oaks and Camarillo.
Mr. Beaux Thompson,EIT,Design Engineer I, will provide technical support in checking quantities
for cost estimates, reference plan checking and other detail work to support a cost effective review.
Mr. Ross Khiabani,PE,GE, Principal Geotechnical Engineer,will provide review and approval of
soils and geology reports for the subject project. He has more than 30 years of local professional
experience in performing diversified geotechnical assignments involving soil and foundation engineering,
soil stabilization,landslide analysis and stabilization,settlement evaluations, liquefaction studies,
temporary and permanent slope stability analyses, laboratory testing,and onshore and offshore
exploration. His vast experience includes providing geotechnical services for numerous public projects
ranging from institutional,ports and harbors,public works,transportation(including major bridges, local
roads, freeways and toll roads)and water and wastewater facilities. Mr. Khiabani maintains close
communications with local city, county,and state reviewers and is familiar with governing codes and
requirements.
Mr. Steven Gonzalez, Publics Works Observer, will serve as the Public Works Inspector. Mr.
Gonzalez has provided inspection, and construction management, and quantity takeoffs for street
improvements, mass grading, precise grading and utility installations. He is highly cognizant of the
special needs of public agencies in terms of good relations with the surrounding businesses and
neighborhoods and will give close attention to public safety related items while overseeing the site
construction.
Scope of Work
Willdan shall provide land development plan check, soils and geology and inspection services in
connection with the Essex Project.The work, in general, shall include but not be limited to the following:
Land Development Plan Checking (Review)
• Review developer engineering of streets, grading,drainage, water and wastewater plans with
supporting calculations and reports(data) in accordance with good engineering practices and to
be compliant with current conditions of approval, City standards and formats, City ordinances,
policies, and other relevant criteria.
500
Cite 01 Moorpark
LD Plan Check. Soils and Inspection Service;
For the Essex Project
ltd. 8. 201
Pace
• Review shall be in sufficient detail to determine compliance with pertinent Conditions of
Approval, Federal, State, County and City standards, codes and requirements. However, it is
recognized that the primary responsibility for plan design adequacy resides with the engineer of
record.
• Prepare a written plan review checklist. The list of questions and/or required corrections shall be
returned to City with one marked-up set of plans with mark-ups of supporting data.
• The plan check will include, but not be limited to, a review of:
• Proposed and proper grading, including verification of grade slope design,dimensions,
widths, lengths,depths,etc. All grading shall be checked for conformity with the applicable
sections of the 2010 California Building Code and the project geotechnical reports.
• Material specifications: Incorporation of general and specific city standard construction notes.
• Drainage facilities, structures, vaults, pipes, catch basins, specifications,and evaluation of
applicable associated numerical data, etc.
• Hydrology and storm drain hydraulic report analysis, when applicable. Review will ensure
compliance with City,County and FEMA requirements and consistency of the model data
with the improvement plans.
• Interface with existing infrastructure such as: surrounding streets, storm drains and utilities,
identifying infrastructure conflict and adjacent development interface where applicable or
called for. The connections to existing improvements shall be field verified and available as-
built record drawings acquired and reviewed for utilities and street improvements.
• Review of improvement cost estimates for fee and bonding purposes(performance, labor and
material bond amounts and other development fees,as requested). Line items and quantities
shall be verified for consistency with the improvement plans.
• Geotechnical report interpretation as they pertain to grading, structural design and pavement
section recommendations.
• Review of water and wastewater plans to ensure that they are in conformity with Public
Works standards, if required. Proper facilities at public to private interface and adequacy of
public right of way and/or provision of easements will be included.
• Willdan's Project Manager will meet with developer's engineer, if requested,to discuss plan
check comments. All such meetings will be held at City with its representatives.
• Ms. Roxanne Hughes is designated as the Project Manager in responsible charge of providing
these services. She possess a valid certificate of registration as a Civil Engineer issued by the
California State Board of Registration for Civil and Professional Engineers, and a valid Class C
California driver's license.
• The City shall provide the plans and supporting documents at the commencement of each plan
review. Willdan will immediately review the submittal package for completeness and notify the
City of any deficiencies or discrepancies; which shall be remedied before an assignment is
considered complete for commencement of plan review.
• It is understood that the City will handle all administrative activities, such as review of format of
bonds and agreements, preparation of City Council Resolutions or staff reports and similar staff
action items. These can be provided for Willdan's review and use, if requested.
501
City of\lootpark
LD Plan Check. Soils and Inspection Services
For the Essex Project
Jule S.2(11-;
Pate 4
• The plan checks shall be completed and returned to the City in a 3-2-i format; the first plan check
completed within 3 weeks(15 business days); second plan check in 2 weeks (10 business days)
and the third plan check in 1 week(5 business days).
• It is the intent of this contract that all plans shall be ready for permit issuance at the conclusion of
the third plan check. If there are developments during plan check, such as significant redesign,
additional scope of construction or lack of responsiveness on the part of the engineer,that may
cause additional reviews beyond the third review, this will be documented in writing and brought
to the City's attention. Additional plan checks beyond the third review shall only be permitted
when approved in advance by the City.
Geology and Soils Engineering Review
• Review developer's geotechnical and geological reports in accordance with good engineering
practices and to be compliant with current conditions of approval, City standards and formats.
City ordinances, policies, and other relevant criteria.
• Mr. Ross Khiabani is designated to be in responsible charge of providing these soils and geology
review services. He possesses a valid certificate of registration as a Civil Engineer and
Geotechnical Engineer issued by the California State Board of Registration for Civil and
Professional Engineers,and a valid Class C California driver's license.
• The soils reviews shall be completed concurrently with the grading and drainage reviews,and
will also be returned to the City in the 3-2-1 format as described in the section above.
Land Development Inspection (Construction Observation)
• Willdan will provide field inspection during the construction of public works improvements
associated with the Essex Project. Willdan will keep daily inspection records, provide
appropriate direction to the contractors to ensure full conformance with the approved plans and
specifications,coordinate proper procedures for any required change orders,and at the proper
times notify the City when there is a need for stop work notices, notices for completion and
acceptance of the work, including reports concerning exoneration of bonds or other surety.
• Public safety is always top priority in execution of construction phase inspections. Willdan will
report to the City immediately upon observation of any obstructions,potholes, incorrect traffic
control signing or other easily observable public safety items that may be seen in driving to and
from the project site.
502
City of Moorpark
LD Plan Check,Soils and Inspection Services
For the Essex Project
July 8. 2013
Pave 5
Project Fee
Willdan shall provide land development plan check, soils and geology review services in connection with
the Essex Project using established fee structures typically used by the City in third party plan checks.
The plan check services as described in the above Scope of Services, up to and including three plan
checks,will be provided at a fixed fee of seventy percent(70%)of the current fees collected by the City
pursuant to Resolution No.2008-2670(Items II and IV and as specified in Item V). Progress payments
shall be made as follows:
Completion of 1 s`Plan Check 50%of total fee
Completion of 2°' Plan Check Additional 25%of total fee
Completion of 3 ' Plan Check Additional 25%of total fee
(When signed by City Engineer)
Total= 100%of fee
The land development inspection services described above in Scope of Services,shall also be provided at
a fixed fee of seventy percent(70%)of the current fees collected by the City pursuant to Resolution No.
2008-2670(Item III and as specified in Item V). Monthly progress payments shall be made according to
the current hourly fee schedule, not to exceed ninety-five percent(95%)of the total fee until
recommendation of final acceptance of the project is made by Willdan to the City,at which time the
remainder of the fixed fee shall be invoiced in the following billing cycle.
Willdan proposes to provide progress invoicing and additional services,as may be approved by the City
in connection with this assignment,based on the attached Willdan Engineering Schedule of Hourly Rates.
Ift
503
WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2013 to June 30, 2014
Technical Aide $88.00 Assistant Landscape Architect 103.00
Drafter I 98.00 Associate Landscape Architect 118.00
Drafter II 103.00 Senior Landscape Architect 129.00
Senior Drafter 113.00 Principal Landscape Architect 155.00
GIS Analyst I 118.00 Principal Project Manager 185.00
GIS Analyst II 134.00
GIS Analyst III 155.00
Design Engineer I 118.00 Assistant Code Enforcement Officer 72.00
Design Engineer II 124.00 Plans Examiner Aide 77.00
Designer I 118.00 Assistant Construction Permit Specialist 77.00
Designer II 124.00 Construction Permit Specialist 82.00
Senior Design Engineer I 129.00 Code Enforcement Officer 82.00
Senior Design Engineer II 134.00 Assistant Building Inspector **98.00/113.00
Senior Designer 134.00 Senior Code Enforcement Officer 98.00
Associate Engineer 139.00 Senior Construction Permit Specialist 103.00
Design Manager 139.00 Supervising Construction Permit Specialist 108.00
Senior Design Manager 149.00 Building Inspector **108.00/113.00
Senior Engineer 149.00 Supervisor Code Enforcement 118.00
Supervising Engineer 165.00 Senior Building Inspector 118.00
Program Manager 185.00 Plans Examiner 118.00
Project Manager 185.00 Supervising Building Inspector 129.00
City Engineer 185.00 Senior Plans Examiner 129.00
Principal Project Manager 185.00 Inspector of Record 144.00
Deputy Director 195.00 Deputy Building Official 144.00
Director 195.00 Plan Check Engineer 144.00
Principal Engineer 215.00 Building Official 155.00
Supervising Plan Check Engineer 155.00
j.,:t; _ '° ,t._ ,:#'/ .:',74OT Principal Project Manager 185.00
Labor Compliance Specialist 98.00 Deputy Director 195.00
Labor Compliance Manager 124.00 Director 195.00
Utility Coordinator 129.00
Assistant Construction Manager 124.00
Construction Manager 149.00 Community Development Technician 88.00
Senior Construction Manager 160.00 Planning Technician 88.00
Project Manager 185.00 Assistant Planner 108.00
Deputy Director 195.00 Assistant Community Development Planner 108.00
Director 195.00 Associate Community Development Planner 118.00
Associate Planner 118.00
Senior Community Development Planner 134.00
Assistant Public Works Observer **103.00/113.00 Senior Planner 134.00
Public Works Observer **103.00/113.00 Principal Community Development Planner 155.00
Senior Public Works Observer 113.00 Principal Planner 155.00
Supervising Public Works Observer 124.00 Deputy Director 195.00
Director 195.00
Survey Analyst I 103.00
Survey Analyst II 118.00 Computer Data Entry 67.00
Calculator I 103.00 Clerical 67.00
Calculator II 113.00 Word Processing 67.00
Senior Calculator 124.00
Senior Survey Analyst 134.00 Mileage reimbursement will be charged at the current Federal
Supervisor-Survey&Mapping 160.00 guideline rate at the time of billing. Vehicles will be charged at a
Principal Project Manager 185.00 monthly rate of$500.00.
**Prevailing Wage Project, Use$113.00
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court
appearances will be quoted separately. The above schedule is for straight time.Overtime will be charged at 1.5 times,and Sundays and holidays, 2.0 times the standard
rates. Blueprinting, reproduction, messenger services,and printing will be invoiced at cost plus fifteen percent(15%). A sub consultant management fee of fifteen percent
(15%)will be added to the direct cost of all sub consultant services to provide for the cost of administration,consultation,and coordination.Valid July 1,2013 thru June 30,
2014,thereafter,the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento area,but not
more than five percent per year.
504