HomeMy WebLinkAboutAGENDA REPORT 2013 1120 CCSA REG ITEM 10F ITEM 10.F.
_fi-Ao -R0l 3-
MOORPARK CITY COUNCIL -.. .c-
AGENDA REPORT
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recre.tion Direct /,pt
i
BY: Jessica Sandifer, Management Analy iii
DATE: November 13, 2013 (CC Meeting of November 20, 2013)
SUBJECT: Consider Agreement with Penfield and Smith for Civil Engineering
Services for the Recreational Trail Improvements at Arroyo Vista
Community Park
BACKGROUND & DISCUSSION
Staff prepared a conceptual plan for a proposed recreational trail system at Arroyo Vista
Community Park (AVCP). The plan incorporates a safe route of travel for both
pedestrians and bicyclists from the existing pedestrian bridge at the east end of the
park, to the Arroyo Vista Recreation Center (AVRC). Approximately 17 parking spaces
will be eliminated due to a realignment of the access road at the east end of parking lot
C, and the north side of the access road at the emergency vehicular turnaround.
However, the proposed pathway layout will increase the width of the existing access
road west of parking lot C, and will ultimately increase the total number of parking stalls
in the park by approximately 17 parking spaces. The bicycle/pedestrian trail will provide
a separate pedestrian sidewalk west of parking lot C, to allow easy access to the open
field areas from adjacent parking stalls, as well as a separate bicycle path with rail
fencing. Pedestrian crossings will be provided approximately every 100' on center and
the bicycle path will connect to the existing bicycle path along the access road to the
west of AVRC, ultimately providing access to Moorpark High School and Tierra Rejada
Road.
Internally, the proposed trail system will incorporate a one mile fitness loop around the
perimeter of AVCP, with exercise stations set along the route. Staff proposed to utilize
decomposed granite paving for the surface material of the loop trail, as this material is
preferred over concrete or asphalt for recreational activities such as running or jogging.
In addition, there is a need to install ADA compliant walkways to the softball fields (see
Attachment 3) and other open turf areas throughout the park. The proposed recreation
trail system incorporates a concrete walkway, ramp and stairs with handrails that will
128
Honorable City Council
November 20, 2013
Page 2
provide ADA access from AVRC, and adjacent handicap parking stalls, to the softball
fields and surrounding park areas.
On October 2, 2013, the City Council approved this conceptual plan and allocated
funding for civil engineering services. On October 23, 2013 staff released an informal
request for qualifications for civil engineering services for this project. Staff received one
proposal by the deadline of November 4 from Penfield & Smith. Penfield & Smith has a
long history of working with the City of Moorpark with their current efforts focused on the
Princeton Avenue Widening Project. Staff feels that they are well qualified for the job
and is recommending them for the AVCP recreational trail improvements.
FISCAL IMPACT
Penfield & Smith's proposal for the Recreational Trail Improvement project is $70,965. A
budget amendment was approved on October 2, 2013, for $85,000 for Civil Engineering
services from the Traffic System Management Fund (2001). No additional appropriation
is needed at this time. .
STAFF RECOMMENDATION
Approve agreement with Penfield & Smith for Civil Engineering Services for the
Recreational Trail Improvements at Arroyo Vista Community Park and authorize City
Manager to sign the agreement subject to final language approval of the City Manager
and City Attorney.
Attachment:
Agreement
129
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND PENFIELD & SMITH, FOR
CIVIL ENGINEERING SERVICES FOR THE RECREATIONAL TRAIL
IMPROVEMENTS AT ARROYO VISTA COMMUNITY PARK
THIS AGREEMENT, is made and effective as of this day of
, 2013, between the City of Moorpark, a municipal corporation ("City")
and Penfield & Smith, a corporation ("Consultant"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for civil engineering services for the recreational
trail improvements at Arroyo Vista Community Park; 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 November 4,
2013,which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide civil engineering services, as set forth in Exhibit B. In the
event there is a conflict between the provisions of Exhibit B and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of seventy thousand nine hundred and sixty-five dollars ($70,965) as stated in
Exhibit B, 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.
130
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Scott Meckstroth, 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 Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed seventy thousand
nine hundred and sixty-five dollars ($70,965) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services 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.
Penfield & Smith Page 2 of 15
131
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of twenty-
five dollars ($25) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Consultant under the terms
Penfield & Smith Page 3 of 15
132
of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsel's fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsel fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
Penfield & Smith Page 4 of 15
133
same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
Penfield & Smith Page 5 of 15
134
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, laws and regulations, including
but not limited to the Americans with Disabilities Act and Occupational Health and
Safety Administration laws and regulations. The City, and its officers and employees,
shall not be liable at law or in equity occasioned by failure of the Consultant to comply
with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. 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
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Penfield & Smith Page 6 of 15 13 5
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Hady Izadpanah, Principal Engineer
Penfield & Smith
1327 Del Norte Road, Suite 200
Camarillo, California 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
Penfield & Smith Page 7 of 15
136
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
Penfield & Smith Page 8 of 15
137
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
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.
[signatures on next page]
Penfield & Smith Page 9 of 15
138
CITY OF MOORPARK PENFIELD & SMITH
By: By:
Steven Kueny, City Manager Hady Izadpanah, Principal Engineer
Attest:
Maureen Benson, City Clerk
Penfield & Smith Page 10 of 15
139
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000,per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
Penfield & Smith Page 11 of 15
140
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
Penfield & Smith Page 12 of 15
141
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Penfield & Smith Page 13 of 15
142
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Penfield & Smith Page 14 of 15
143
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Penfield & Smith Page 15 of 15
144
PS EXHIBIT B
Penfield &Smith
1327 Del Norte Road.Ste 200
Camarillo,CA 93010
W.O. 21211.01
tel 805-981-0706 November 4, 2013
fax 805-981-0251
V,«-w penfieldsn:th.corn City of Moorpark
Parks, Recreation and Community Services Department
799 Moorpark Avenue
Moorpark, CA 93021
Santa Barbara Attn: Jessica Sandifer, Management Analyst
Camarillo
Santa Maria
Lancaster
Subject: Cost Proposal
Arroyo Vista Community Park
Access Improvement and Pathway Project
Civil Engineering
Dear Ms. Sandifer,
Land Surveying
Land Use Planning As requested in the Request for Proposal (RFP) issued by the City of Moorpark,
Penfield & Smith is pleased to submit this Cost Proposal for civil engineering
Construction services for design and engineering of a pedestrian/bicycle path, Americans with
Management&Inspection Disabilities Act (ADA) access improvements, and a one-mile fitness loop with
Traffic&Transportation associated fitness stations at Arroyo Vista Community Park (AVCP), located at
Engineering 4550 Tierra Rejada Road, Moorpark, California.
Transportation Planning
Structural Engineering UNDERSTANDING OF PROJECT REQUIREMENTS AND SCOPE OF WORK
Water Resources Our understanding of the project and our Scope of Work is detailed in the
Engineering 9 p ro 1 p
attached Penfield & Smith Statement of Qualifications and Proposal, dated
GIS November 4, 2013. In general, we propose to prepare Plans, Specifications and
Cost Estimates (PS&Es) for civil engineering services to improve ADA and
pathway access at the AVCP. The attached SOQ and this Cost Proposal were
prepared in accordance with the City of Moorpark RFP for the project.
SERVICES NOT INCLUDED
The following services and all other services not specifically listed herein are
excluded:
1. Reimbursable expenses, such as photocopies, postage, shipping/delivery,
mileage, prints, maps/documents.
2. Governmental and public agency fees, cost of bonds and taxes.
3. Title Company reports, services and fees.
4. Services by consultants other than P&S.
5. Services beyond the Scope of Work detailed in the attached Statement of
Qualifications and Proposal.
145
Jessica Sandifer
November 4, 2013
Page 2
CLIENT TO PROVIDE
Client or co-consultant at Client's direction shall provide the following items to Penfield & Smith:
1. Access to the site to perform engineering investigation.
2. Support with Public Agency documentation signature and fees.
3. All project related naportn and historical documents necessary to perform our services.
4. Landscape, Lighting, and Electrical Engineering services for the p jeot.
PROPOSED FEE AND METHOD OF PAYMENT
Our proposed services will be performed on a time and materials (T&M), not-to-exceed (NTE)
basis and shall be billed monthly at the rates then in effect. Charges for ''bnne" include
prohasyiona|, technical and clerical support services provided by Penfield & Smith. "Materials"
include all reimbursable expenses, such as photocopies, pootaQe, ahipping/de/ivery, mi|nage,
p|ota, printn, maps/documents and outside consultant fees.
Based on our understanding of your requirements and our experience with similar projects, we
estimate that the fee required for our services, not including reimbursable expwnseo, will be as
follows:
Construction Documents $57,965'00
Bidding and Construction Phase Services $13,000.00
ADDITIONAL SERVICES
Services performed outside the scope of this agreement require written approval prior to
performance of the work. Design changes by Owner/Client or designee after the start of design
shall be considered additional services. Any work requested by Owner/Client that is outside the
scope of this agreement will be identified by Penfield & Smith as such, and a fixed fee or not-to-
exceed amount will be agreed upon prior to the start of the additional work. Compensation for
additional services shall be in accordance with Exhibit "A", Penfield & Smith's Billing Rate
Schedule currently in effect.
TIME OF PERFORMANCE
We propose to have the 10096 Construction Documents delivered to the City on January 17,
2014. such that the City can meet a grant application deadline of February 3, 2014. Within our
obi|ity, we will adhere to the attached Project Schedule. Note that time of performance requires
timely City review as detailed in the R|FP, and does not include review time by any other
permitting agency.
Jessica Sandifer
November 4, 2013
Page 3
AUTHORIZATION
Should you require additional information or wish to discuss this proposal further, please give
me a call. My direct line is (805) 981-0706, extension 221. If the proposal is satisfactory, please
issue an Agreement directing us to initiate the work. Our current fee schedule is attached.
Thank you for considering Penfield & Smith for this project.
Sincerely,
PENFIELD & SMITH
Scott Medkstroth, PE. Glen H. Pace, P.E.
RCE 63337 RCE 61468
Senior Engineer/Project Manager Principal Engineer
Enclosures
C:\Users\meckstroth\Desktop\Cost Proposal 21211.01.docx
FIS
EXHIBIT A
PENFIELD & SMITH
BILLING RATES EFFECTIVE JANUARY 1, 2013
Engineering Construction Management
Engineering Technician $80 Construction Technician $90
Associate Technician 90 Assistant Construction Manager 120
Senior Technician 100 Associate Construction Manager 140
Designer 120 Senior I Construction Manager 155
Senior Designer 135 Senior II Construction Manager 165
Junior Engineer 100 Principal Construction Manager 185
Assistant Engineer 120
Associate Engineer 140 Construction Inspector $95
Senior I Engineer 155 Prevailing Wage 120
Senior II Engineer 165 Senior Construction Inspector 105
Principal Engineer 185 Prevailing Wage 125
Chief Inspector/Owner's Representative 115
Geomatics (Surveying & Mapping) Prevailing Wage 130
Survey Technician $80
General
Junior Surveyor 100
Assistant Surveyor 120 Technical/Clerical Support $70
Associate Surveyor 140 Dry Utility Coondinator.'....... .,..............120
Special Consultant 200
Senior I Surveyor 155
(Principal with specialized skills /nengineering,
Senior II Surveyor 165 geomatics or planning)
Principal Surveyor 185
Expert Witness/Deposition Rates
One-Man Survey Crew $170
Court appearance —flat fee $3,300/day
Prevailing Wage 190 Depositions - $400/hour including travel time
Two-Man Survey Crew 230 Supplementary work — 1.5 times the regular
Prevailing Wage 265 rate
Planning Rapid Response = Minimum charge of four(4)
Assistant Planner 105 hours at 1.5 times the regular rate
Associate Planner 125 Out-of-town Survey Crew Travel 1/2 times
Senior I Planner 150 regular rate
SaniorU Planner 160 Outside Consultant ..... ..''. .... Coat + 15%
Principal Planner 175
Reimbursable Expenses Cost + 15%
In-house reimbursable expense rates available upon request.
Note:A ent3 to rates are normally made on January 1st, however, Penfield& Smith
reserves the right to make adjustments at any time.
FIS§-
w U)o
N 00 ° 01 N
U, ;aU) aN O r
N v- a- .- LON-
O N
I ?
5 O
i
I U
I � I
l 1 I i I I
_ 0O 0
{- 0 o0 a m v O O C)N W wl° 1 I I I I I I I I
I
N
Nn
o 2 o 0 o I I , I ; l I I c
a
II
*.50 609 _ I 1 I 1 II I o o
IIIIIIIIIIIIIIII -c,
�
� � � I
2 m E c
d Z U C7
TD
0
r`
N
1IHIIIII'IIIINIIIIIIIIH'III'
iIIlIIIINIIIIIllllhIllflhIOIlO mLLNNNNNNNNNN
IIIIIIIIIIIIHIIIIIIIIIIIIIIHIII
T
IlIuuIIIIIIIOIIIIuluIllhIHI 1
IIIIIIIIIIIIIIIIIIIIuIIIIuIIII I
I g IIIIIIIIIIIIIIIIIIIIIIIIIIIIII- 1 iiiiiiiiiiiiiiiiiiiiiiiiiiiiin O) _
C W
g
N
11111111111111111111111111111 I C
n
n o II
� c n m
d � _ 0 0
n m .� m o 0
W fn C7 F U F � �. d
L
o as x m'
(' rnN r-
a 2 a ■IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
AliiiiiiiIIIIIIIIIIIIIIIIIIIII 1
W
CC i Wllill ll^1 11111111111111111111 l o
S U
m _ t0 N .... o U
.Q N o O N N i
'1.12 c _� m
y w m
N U
L N R - 0 0 0 0 (0 8888 0
d
N
o �` w )S (0(0 oo ° 0o
-.2 .,) a` w`
W W c 1
ti c
�
a c
d m
2 a
> -6 u~i c u m 1
1— m w o) m Q cn I
�- r E v� o I
W 2-1- - L1 z1
IL... N R N V_ W E.--:3-2 (0 m N C p
(.0 _ 885 ,_
o V .O N o U a °❑ 7 a I W c W m
U
Q QE 0 0 Q rn a o 1 = c m
U N p-
T'N N z -8 V N e e O I c u0i u
0
d d ❑ U ❑ u, Y�- t.-g lIug- gc an OaO aO aO
s O
ai F■O. n .000o
I _ o A
''Zo
O 2- C Z I mm mm I 1 1 N w M
dN N Q 01.5 0 C N N n n 2d I I Q H
I Q U m
I
Q
149
10 U)LEI 0 cr,U)CD 0 -
.3('I Ch 0 U) CD NI. •cl. 1 0 co 0 0
01 ,...1
101 Nr CNI O4 cl. r- Nr .4-
4) 0 I c!
,
0 ,
i I
I i (,)
1 1
I 1
0
1— (9 E,12 _. 6
< c, :cn'o:Cr, ac cr, C4:0 cv
: .-- -- ,-- .- c- 0,
2
m,c•-)9
8 8 i .
. ! . , , , : 0
I .1 I
1-
i T3
1 w- 2 m 0 .
E -0
tl cf c'i5 92-
1 • ce c
z 4) E 2
w t co (.9
Q00
z
T.)
a •
I'-
0,
co •
•
0 8 0 0 0 0 0 0 0 0 0 Ln
al 6!
7.4
0
0
C
>,
If.....
›,
o
a)
F . .
-5.
F .
ii
>
2 -e ..9.
0 u,
a 0
E g c 8 2 2
0 °- o f) 2 2 a a
28 'a
,- ,-cs, ,- ,- (0
(.0 -5 8
LLI 2 2
<
(...9
.0
a.
Z -0
_ e 1— , :I, 00 CO cr,
—I 0 -cli 13c 1 2 -
— ?-- 2 g E 4 :=,'
ca. a. 0 ir)
I
LLI o t •cl. CO 00 cl. V CO 00 0
a.
_
I t 0 0
-..
I— .0 a .4. OA •ct NI. .r1 00 .0. cc co
el $
i I E
a—.
0 0
0 •cr
a 0 co.3 1 ti'c t /* v 0 1,—
U)
co
-0 0
C -,:, , I(/)
MI m c 1 1 w!
a)t:i V (t7 (-2
cu I ' > '
I
I-- 2 m W ■ s z I I i
cn g-a- - w , 0
w — ,v- - u-1 i 1 ! ,,----:! , I I
. CA LI- I i 0 I 1 1 I
.' .2 !g-, .g. Fi
,
F
I I F 'F tf, .g„ T)
. . . u,
(n 71- -,7, f2 = Tu
= w .
Z 1 -as
0 a) 5 2 i § -"8 t
csli >• z' 8 " 0 a, icELT- gco
1,—: EWO) A'
‘...? It 'n tiflcc
LU 8 E iii 40U,
—, z ,, E I 0 2 cc ..,-,,,1 u) t o a ! 1 •
CO r.) -= - 0 1 ....i :t2 din I i_a 1
'''' 2 a) •s-'2 ii •-,-.) co I ,
II
I
0. a_ 0 C.)0 ir_ <
1- I 103 CI_CO cn Q.ire 0 C.)ICC 1 1 I _P_6
1 5 0