HomeMy WebLinkAboutAGENDA REPORT 2010 1215 CC REG ITEM 10EITEM 10.E.
:itv council Keetinr,
ACTION: /L
ZVI MOORPARK CITY COUNCIL -�_--
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Management Anal
DATE: December 3, 2010 (CC Meeting of December 15, 2010)
SUBJECT: Consider Agreement with CVE Engineering, Inc. for Update and
Expansion of Civic Center ALTA Survey and Resolution Amending
the Fiscal Year 2010/11 Budget to Fund the Work from the
Endowment Fund (2800)
BACKGROUND
In March 2009. the City entered into a Real Property Acquisition Agreement (the
"Agreement ") with Essex Portfolio L.P. for the vehicular access driveway used by the
United States Postal Service for their new building on High Street. One of the provisions
of the Agreement requires the City to pay for a redesign of the Essex 66kv Pole
Relocation Plan. previously prepared by RJR Engineering for Essex.
On September 1, 2010. the City Council approved an Agreement with BJ Palmer and
Associates (BJP) to evaluate potential undergrounding scenarios for the electrical
utilities in and around the Civic Center site and to prepare a design for the selected
scenario. In November. staff met with BJP to discuss some potential scenarios and it is
felt that an updated and expanded American Land Title Association (ALTA) survey of
the Civic Center site would assist BJP with evaluating and designing these
undergrounding scenarios.
DISCUSSION
CVE Engineering. Inc. (CVE) prepared an ALTA survey of the Civic Center site in 2008.
Since that time. the Post Office and parking lot have been built. several buildings have
been demolished. and the flood control channel to the west of City Hall has been
undergrounded. Staff is requesting that CVE update the ALTA survey to show these
changes and any new utility connections or easements associated with them as well as
expanding the map to the west to the point where the flood control channel daylights
and to the east to Walnut Street. Updating and expanding the ALTA survey will enable
BJP to have a clear view of where potential undergrounding scenarios could occur.
200
Honorable City Council
December 15. 2010
Page 2
FISCAL IMPACT
The cost of the Agreement will be $4.600 with additional costs of $500 for copying. for a
total of $5.100. There are currently no funds budgeted for this work so a budget
amendment in the total contract amount will need to be approved.
The work will be paid for out of the Endowment Fund (2800).
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve Agreement with CVE Engineering. Inc. subject to final language
approval of the City Manager and City Attorney: and
2. Adopt Resolution No. 2010-
Attachment 1 —Agreement
Attachment 2 - Resolution
201
ATTACHMENT 1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF MOORPARK AND CVE
ENGINEERING, INC. FOR UPDATE AND EXPANSION OF
CIVIC CENTER ALTA SURVEY MAP
This Agreement is made and entered into in the City of Moorpark on this
day of . 2010. by and between the City of Moorpark. a public body.
corporate and politic ("City "). and CVE Engineering. Inc.. a California corporation
( "Consultant ") providing design and engineering services. In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on the date it is first signed and shall remain and
continue in effect until the tasks described herein. and on any amendments hereto. are
completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
City hereby retains Consultant in a contractual capacity to perform survey
services as set forth in Exhibit A. Proposal, attached hereto and incorporated herein. If
the Proposal is modified by this Agreement, or in the event there is a conflict between
the provisions of the Proposal and this Agreement. the language contained in this
Agreement shall take precedence.
3. Performance
Consultant shall at all times faithfully. competently and to the best of his /her
ability. experience, 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 to meet its
obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Consultant and City shall be John E. Tracy. or his designee.
The City Manager, or his /her designee, shall represent City in all matters
pertaining to the administration of this Agreement. review and approval of all products
submitted by Consultant. The City Manager is authorized to act on City's behalf to
Professional Services Agreement between Page t of 8
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202
execute all necessary documents which increase the Scope of Services or change
Consultant's compensation, subject to Section 5 hereof.
5. Payment
a) For providing services as specified in this Agreement. City shall pay and
Consultant shall receive as full compensation a total sum of one thousand nine hundred
and twenty dollars ($4.600.00) (based on fees as shown in Proposal) plus reimbursable
expenses not to exceed five hundred dollars ($500). In no event shall total compensation
for the herein described work exceed that described in this Section a without prior written
authorization from City.
b) In the event that additional work is required of Consultant beyond the Scope of
Services for this Agreement. Consultant may be authorized to undertake and complete
such additional work only if such authorization by the City Manager is provided in writing.
identifying the exact nature of the additional work required and a "not to exceed" fee to
be paid by City for such work.
c) Consultant will submit invoices at the completion of each of the tasks. Invoices
shall be submitted on or about the first business day of the month. or as soon thereafter
as practical, for services provided. Payment shall be made within 30 -days of receipt of
each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees it
shall give written notice to Consultant within 15 -days of receipt of an invoice of any
disputed fees set forth on the invoice.
d) Consultant shall provide appropriate documentation for any reimbursable
expense invoiced.
6. Incorporation by Reference
All Exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement without Cause
a) 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.
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b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of the
termination, provided that the work performed is of value to the City. Upon termination of
the Agreement pursuant to this Section. the Consultant will submit an invoice to the City
pursuant to Section 5.
8. Default of Consultant
a) 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 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.
b) If the City Manager or his /her designee determines that the Consultant is in
default in the performance of any terms or conditions of this Agreement, the City
Manager shall cause to be served upon the Consultant a written notice of the default.
The Consultant shall have ten (10) days after service 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.
9. Indemnification for Professional Liability
Consultant agrees to indemnify, prctect, defend, and hold harmless the City of
Moorpark, and any and all of its officials, employees, and agents from and against any
and all losses, liabilities. damages, costs and expenses, including attorneys 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 sub - consultants in the
performance of professional services under this agreement.
10. Indemnification 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 officials, employees and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings.
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regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest. defense costs, and
expert witness fees), where the same arise out of, or 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 entity for which Consultant is legally liable, including but not
limited to officers, agents, employees, subconsultants, or contractors and subcontractors
of Consultant.
11. General Indemnification Provisions
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant.
contractor, subcontractor, 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 sha!I 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 riot said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs and expenses described in Sections J and 10 of this Agreement.
12. Insurance
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
Agreement.
13. Independent Consultant
a) Consultant is and shall at all times remain as to the City a wholly indepandent
Consultant. 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, employees.
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205
or agents of the City. Consultant shall not incur or have the power to incur any debt,
obligation, or liability whatever against City. or bind City in any manner.
b) 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.
14. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery
by a reputable document delivery service, which provides a receipt showing date and
time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid.
return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by notice:
Cite: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
Consultant: CVE Engineering, Inc.
P.O. Box, 7208
612 Racquet Club Lane
Thousand Oaks, CA 91360
Attn: John E. Tracy, P.E., President
15. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. It is
understood and acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
16. Entire Agreement
This written Agreement, including a!I writings specifically incorporated herein by
reference, shall constitute the complete Agreement between the parties hereto. No ora;
agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement.
Professional Services Agreement between Page 5 of 8
City of Moorpark and CvE Engineering Inc
206
understanding, or representation be binding on the parties hereto. 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. 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 provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
17. Anti - Discrimination
In the performance of the terms of this Agreement, Consultant agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons hecause of the age, race, color, creed. sex,
sexual orientation, national origin, ancestry, religion, physical disability, medical
disability, medical condition, cr marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
18. General Conditions
a) Consultant agrees not to work for any private firm located within the City limits
or its Area of Interest, or for any public agency where its jurisdiction includes all or part of
the City without the prior written consent of the City, during the term of this Agreement
Furthermore, Consultant agrees to limit its actions related to economic interest and
potential or real conflicts of interest as such as defined by applicable state law to the
same standards and requirements for designated City employees.
b) City shall not be called upon to assume any liability for the direct payment of
any salary, wage or other compensation to any person employed by Consultant
performing services hereunder for City.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all
original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Consultant or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of City. Any word processing computer files provided to City
shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by City or Consultant or by any third person to create the relationship of
principal cr agent, or of a partnership, or of a joint venture. or of any other association of
any kind or nature between City and Consultant
Professional Services Aoreetnent betwe °n Page 6 of 8
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207
e) 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, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
f) Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected,
with costs proportional to the judgment of the arbitrator.
g) The captions and headings of the various Sections 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 Sections and Exhibits hereof.
h) If any portion of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will never-the -less continue
in full force without being impaired or invalidated in any way.
i) No officer, employee, director or agent of the City shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he /she is directly or
indirectly interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
19. Governing Law
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.
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.
20. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that this individual has the authority to execute this Agreement on behalf
of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
Professional Services Agreement between Page r of a
City of Moorpark and CV£ Engineering Inc
1•
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK:
Steven Kueny
City Manager
ATTEST:
Maureen B.-nson. City Clerk
CVE ENGINEERING, INC.
John E. Tracy, P.E.
President
Exhibit A: Proposal for Professional Services
Exhibit B: Insurance Requirements
Professional Services Agreement between
City of Moorpark and CVE Engineering. Inc
Page 8 of 8
209
EXHIBIT A
CVE ENGINEERING, INC.
Civil. Structural and Design Engineering ' Surveying ' Land Planning
P.O. Box 7208
Thousand Oaks, CA 91360
(805) 496 -2282 (J805) 496 -1653 FA,X { e -mat: CveCa?ole pet D TE: November 15, ?DID
CLIENT: City of Moorpark Contract # 2010 -3275 PS
Attention: Mrs. Jessica Sandifer
799 Moorpark Avenue
Moorpark, CA 93021
(805) 517 -6225 office/ (805) 532 -2530 facsimile
PROJECT: Survey Update for City Hall property at 799 MoorparK Avenue, City of Moorpark.
County of Ventura. State of California
This agreement. entered into at Thousand Oaks on the 151n day of November 2010 by and
between .,The City of Moorpark, hereinafter called "Client" and CVE Engineering, Inc. hereinafter
cattea ' Engineer" is as to(tows
Present record owner of property: City of Moorpark
The Client and Engineer for mutual consideration hereinafter set fortn, agrees as follows:
A. Perform Survey to update the following items: Civic Center Site, add new facilities, snow
remove deleted buildings from plans, new Post Office and Parking Lot, new Storm (Drain Systems
for High Street . show overhead Power Poles and Underground Utilities .
'Exclusions: processing: research prints, miscellaneous print-ng: or agency / government fees.
B. Client agrees to pay Engineer as compensation for their services as follows:
Engineering Fee: Said services will be billed at $4,600.00 to be due and payable as work
progresses. A signed Agreement between the Client and CVE Engineering. Inc. will serve as
Notice to Proceed.
RATES: Registered Civil Engineer /Design/Consulting /Coordination
$120.00 per hour! Survey crew (2 person) $210.00 per hour
The standard provisions set forth upon the reverse side are here incorporated into and made a part
of this agreement. In witness whereof, the parties hereto have accepted, made and executed this
agreement upon the terms. conditions, and provisions above stated and on reverse side herewith,
the day and year first above written.
CVE ENGINEERING, INC. CLIENT:
'John E. Tracy. R.C.E. 15566, is licensed by the Board for Professional Engineers and Land
Surveyors' California Code of Regulations. Title 16, Chapter 5. Section 463.5
If 5. 7"
John E. Tracy, P.E. City of Moorpark (Authorized signature)
President
Signed by (please print name here)
Date ilovc« hex 15. 2010 Date:
"Please sign one copy of this contract (side 1 and 2) and return to our office as Notice to Proceed.
Contracts sent by facsimile will be accepted to commence work: however, an original Contract
signed by the Client must be received in our offices by mail, delivery, courier, etc. within five (5)
days of Contract acceptance by Client. The second copy is for your records.
L ,CVE Ci.eits Ope -tPE NDING_Moo oa,► Cty WO 3275 P&Cont'actsQ010 11 15_Co ^tract C3275 PS V,1)0
210
Page 2 / City of Moorpark CVE 3275 J November 15. 2010
S I ANDARD PROvISTONS 01 AGRE EMLNT
The u-rnt ana E'gineer ag,se that The fbl-owng provisions sha'- on 's part or fre., ag'somenl
1 Tree C-lert binds h ndhenelf tisAhs' partners successors execufors aam-nst,atms arc assigns to ins E n9•^sr to trb aq,eernr+t respect to a,'
of trio tenns aria conditions of its agreement
2 In the event trat ins plans sDecif"tibls and'O, fie-c! wan (o,e'ed b,'r.s c0noact are those'equ'ed o, van0,.s gore"` -'e ^tai agenc-es and rP
the event trial ciao to charge of porcy of said age ^C'es atte, tpe care of this ag,esmen, add Ilona' O'f ce 0, era wort is requrad tees sa o ado-Ilona'
%or% shall be P21d for by CI ant as extra won.
3. It, ins *rent that any %,ak,-rg Is des„Oyer or an act of Goa or parties o+ne. tha- engineer fne COST of 'a slak ng eta° oe pa for by Cl•epl as hna
won
4 In ins event of any •nnc,esss of costs due tore granhrg of wege'^c,eases 0-0.01 other a-P'Oyee oenef•is due to -no terms of any Pew Woo'
agreement d„^ng The 1'fetims of this agree-lent s.,ch Increase snail be adjusted to a,- fees
5 Trio C-,ent Shia, pay re costs of cn*c1-ng and nspemoh fees roping and a- ne,ason app -(at.•><, fees, assessment fees toys *rg.riee,•ng foes.
sods testing fees. sera, topography fees and a-, other toot• prm•ts. bond Pier- .l.ms, the Co-ipan, charges b-uepnn,t aria ,eD,odacl.ons ana a"
0", charges not sp*C'eca--y covered by IM Terms of #,:S agreement
6 AI- tac-rigs survey notes. and Olne angina' aoc.. -Ants at 1r Sf,umepis of serv,co we a ^a sha^ rerra•h the property of M'e eng-reer e.Coot where
not tpoGflco.y covered oy the leans of thud agreement
7. Shou-d legation be necessary to entbce any term o' p,0.•s•Or of tn.s ag,sem * -t o' 10 r0'leli any Opt'O- Of Isle amOuPl payab* Lrde, In s
ag,eerrenf, ten al cliga /on and ca-scilor expenses w'pess fees and court costs, a ^d at'Or -PY S fees $ha', be paid to the p'eva'Ing Party
8 F ass and other charges wet be bil-ea as *tie wort progresses or upon complerons, and the -et amo..ht sne,l be due of the rmo of D,esentation of
b.h;ng
9 A 'at* payn'ent I Yana, Crave w•.I be comp„,ea of 18.0 pe, annum Ind wm- be a0P' as 10 any unpa'0 brans a commahc'ng 30 clays aver the date
of the o,;g.ne, invoice
10 In the event of any .•6garon Gent agrees to pay Eng roe, interest on a,- Daily d,.e balances of the rife of 18% be, a-n ir^
If CA-opt hreby ag,ees that The bafahce as stated on the b --Ing from r* Erg—rise, •^ writing of the Dart C Ja' tom that s all8Wa to be corracl w.r n
ten 110) days from r* alit* of ft mating of the bit- ng rovl *s E ng•nee, .('*-I rig of"P0'tcu'ar ROT rat -s a-legea to be OOrreU
12. 'n re ever* all o' any Portion of the work, P•epa'sd or paraatiy N spa' ea by cna a -g -ear be s. %nerpaO aba ^00 ^ed. o' Irv^ ^a+ed the CI writ sha"
pay the Engineer for Pw won performed on an p0uny bass, rot to a,Ce *d any r^a —un, Contact amount specillea Pwo•n
13 in to event That Owl institutes a su t ago rest E ^g-neer beca.,se of art is lure o' e,begea fa- ,.'e to per'orrr, error o"ssfon. or negitgence ana
sic Su -t Is not successfully prosecuted. or if •t is d-s-rss*d, or •f .e,a,ct ,s 'e -de,ea to- E ng peer. C rent agrees to pay engineer, arc r+ cost► u'
defense, mauling anorn"s fees ana court costs and any r1 other expenses of detente w1-ch may be peo0'u-. immea.ate -t foll-owing Olsm•ssat at the
case or •nimoa-alety upon verdict bong tendered in oefetf of engineer.
14 Ne,Fle the G;ept not E ngleee shah assign hisfhet interest •r ln.s ag,**ment #A,110.1 the wipers CO,nehl of the o,ne,
15 1 he E ng'noor makes no representation concern-rig the cost f.W,es mad* In connect.or wfrp raps D'ans spec'scations at 0hiw4gs Pipe' ran
that 3-1 cost lg.res ere estimates ar-y and r* Engineer snail rot be restionsib-o for *uctuat-or in cost factors.
16. 'n tre event of l4gatfon on Mrs agrarrem• Ina •ptOnYetahOn Flared, and ail a tpufes b ( Onl'Oversrrs 21'1'rig here unCer spar be gOvernso by The
-aws of r* Stale of California
17. Any work r*qu-red to be performed by E ng.near for Cte'I not a xp,ess,y mentioned on M'e reverse ne,eof or not c onteMD'atea at m* rme of the
o,.g.na- agreement between This pan as. snrl be paid by Client to E ng-no-et Ir ada,ror to the p'000sed compensal,o- set forth on The reverse hereof
of tie nourly rate for Such services by L ^grrlee• then existing
18 Au agreements or E ngneers pan are contingent upon aM E ng-neer scar- not b* responsib•e for damages o' be •r aela.,it or be Deemed to be In
aefaut by reason of delays In Perfowa^ce by 'ease n of strikes• kXtouts, accidents acts of Goa and of ^er drays ..naydaane 01 beyond Fng•nee -I
1e8sopab-e contra. or due 10 sylonages or una,allab.tiy, of -abOr at OW01 area area Wage rate 0'(10-46 caused by failure of owns' or owners agent
to furrlsh Information or to apixo,e or dtsapprP,o *rg.heefs wort DIOrPp*y or due to 'Ole 0' slow 01 fa.-M1 0800^h8nte of Eng_ -errs work In trio
case of the happening of any such cause of dray the time o' co- 1p-etioh Val' be ex+e^aea acco'a•'oy
19 In M ever* that Irligat -on be insl luted udder We terms and conditions of Ih.s sg,oe,nert, the same -s to be bought and tried n Fic-c a- ju- Sd'(I,Pn
of ills court of The c%ny, In winch the Engheers pw^c,Pal piace of ous•ness �s totaled and C-.e -t wa yes via right to hire o,oughf to tied vin or
removed to any one' corny or judicial Junsci,cl,or
20. Erg.he*r does rid guarantee The completion at qua •y at performance of contract O' the co- Olet'Oh Of que,•ry of perlo'r^ance of contacts by Ilia
ConsWction convector or contactors. or ore, IN,a parties, nor is he responsible to, the,' acts or orrss•ons
21. Eng poor naKes ro warrant e :ter *xpress b''rp-ted as to -ts Fndgs 'ecommential-ons spec,f•ui ors or profess onal ad. se *"Copt Pat those
were D,onaulgaea offer being p,eprea in accordance with gene,a'.y acceotea e^glneenhg p•acytces and uhae, Ins 0 „eel:on I*g :stereo 0 ofess•ohal
erpmaen
22 C'rent agrees b cooperate to any and eery way o' marine, win E nq,vee, on project
23 E ng.reer naE*s no morel*- tat-ons conce,eing osrmates of areas f sf- mates of areas a's eshmarea on-, and we Pot'nfenaea as acc,.rafe uess
suct, areas is certified. Crefled *less w-- only be g,,en when requested in w hng ana at an add t'onst charge to Cf*nt
24 in jhe even, That any charges are moo in the pears and sp*ascafons by r* cf ent or person* other than the E ng-nee, wish affects re
E ng veers wars, any and 811 I ab-liy arsinq out of Such charges Is waves as sga hat ire E^glnoe, and The v en, ess,.mes tu"'espo -s b'rty for such
charges untoss Client has giver Erig nee, prior rotics and has rece.vod ton' E ng.nssr w10on consent for s..ch c urges
25 The Eng *re *r -s not responsible and - :ab--Ity -s waived by cent as agashst E ng'r+rer for se by c I•ent at any otter person of any plans or drawings
not signed by Fngve*,
26. Upon wIlten request acid' of free panes htereto she'- execute and ae'•,e, or cause to be *,ecuted and ae,',e,eo vuch a0VIOnal rnstnlr^ents and
aocumonts which may be necessary and prove, to carry our he to-rs d in-s ag,seme ^t
27 1 he terms aria provisions of rte agree,n*pl seal- not no construed to a ter. wa ve o, affect any I-on or stop police rights wl-ch tine E nq,ree' may
have for ins performance Of engineering services under this ag•ee^vnt
28 One or rno,e wawers of any tanr condition o' cove -ant by the E -Q -eel err not be corsru*O by the CI'O-' as A *J "el Of a tubsequehr breac P
of the same or ant oak*, term, condition of covenant
29. In The event Client falls to pay Engines r1 ompsv o tithe' f•heen 1151 days after •11.0 cos a,e ienoo,ed then C- ant agrees rat erg:-se, ana'- nave
r* right to consider said defaut a total breach of Mfrs agreement and the claws of the E ng nee, u-a*, ors agreement terminated in such event Cl em
shM Thar pro'rpFy pay the Eng•reer for ad of re fees, charges. and sere c es oei401r'e0 of E ng-near on an ag,soci houhy basis
30.rn Mns *rent any p,ov's on of Inrs egrser -ant spa-' be ne,a to be . ^va•.a and rrfo,c eable the o”, p'o,is.ons of In v agrerre ^t "-' be O.la and
binding on the parfles hereto.
31 Services provided wfllrin Vs agrserhert ars for r* eAdusI.s us* of the (tent
32 Ttere are 110 understandings or agreements except as rwe,n e,P'est +y statoa
33 is agreed that in Ina ever„ the project rece,ved shy Pub c ty o'•g navhg f•arr ro owner ana•o, agent CVE E rg neennq Inc w•I. reca•.e fu l
E ng;,eorng cmdt.atNn trw conlnes of s,x2, publ,uN
t'ERSO►+Ac GcJARANTE E: ire unaers-gnea na.,•cus'Is1 pe,so,m-v guaa-'e*s pro oarrenf to CvE E nq nee—q c dry ob.•gaaon nc,. ^od by
C, *n, ,nuud,gg a-1 arpounfs. bibs nfe,ev a ^a ano, -e✓s fwes
. 7". ;DVA 1611a
CVE Eng,r•ee,mg -rc
Dar& 15. 2010
C'N o' Voorpa•k
Date
CvE. E rgmee, nq. Inc
00 Bar 7208 ' Thousahcl Oak,s, CA 91360' 1805i 496 -2282 CVE 20 +0 32 75 PS
R*frarn ore (1) copy s,gned copy of this contract to our office alt Not-to 10 Pro(eea and Acceptance Of GOrtVCt Co-0 t ohs On bah *'des Of I"
Contact ale accepted by Cl•ort as va'-a and b-na•rg
7'CVF Clients Ope- PE NDING_Woo•pa,t Cty WO 3775 PS%Cohmacts,2010 11 15-Contact C3275 PS weed
21 1
EXHIBIT B
Insurance Requirements
Prior to the beginning of and throughout the duration of the 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 the 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 City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "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 and $2,000.000 in the 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 employees will use personal autos in
any way on this project, Consultant shall provide evidence of statutory requirement for
personal auto liability coverage for each such person.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors 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 tnan $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.
Worker's Compensation on a state - approve d policy form providing statutory benefits as
required by law with employer's liability limits no less than $1.000.000 per accident or
disease.
Excess or Umbrelia Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
212
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum of $25.000 self- insured
retention for liability not covered by primary but covered by umbrella. 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 $1.000,000 per occurrence.
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 VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and 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 City, its officials.
employees, servants, agents. and independent consultants ( "City indemnities "),
using standard ISO endorsement No. 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
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Consultant 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 operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first sibmitted to City and approved of 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 any contractor or subcontractor.
213
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 City's protection without 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 at any
time and no replacement coverage is provided, 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 City shall
be charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
8. Certificates are to reflect that the insurer will provide 30 days notice to City of any
cancellation 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 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 subconsultant, is intended to apply
first and on a primary, non- contributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage 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 project will be submitted to City for
review.
11. Consultant agrees not to self - insure or to use any self insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor. or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self- insure its obligations to City. If Consultant's existing coverage
includes a deductible or self- insured retention, the deductible or self- insured
214
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
of self - insured retention. substitution of other coverage. or other solutions.
12. The City reserves the right at any time during the term of the contract 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 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 any insurance
requirement in no way imposes any additional obligations on 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 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
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 is required in these specifications
applicable to the renewing or new coverage must be provided to City within five
days of the expiration of the coverages.
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 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 give coverage feature is for purposes of clarification only as it pertains to a
215
given issue, and is not intended by any party of 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 with 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 project reserves the right to charge 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 City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against City for payment of
premiums cr 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. 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 City.
216
ATTACHMENT 2
RESOLUTION NO. 2010
A RESOLUTION OF THE C(TY COUNCfE OF THE 0TY OF
MOORPARK. CALIFORNIA. AMENDING THE FISCAI_ YEAR
2010/11 BUDGET BY APPROPRIATING $5.100 FROM THE
ENDOWMENT FUND (2800) FOR UPDATE AND EXPANSION
OF THE CIVIC CENTER ALTA SURVEY MAP
WHEREAS, on June 16. 2010. the City Council adopted the Operating and
Capital Improvement budget for Fiscal Year 2010/11: and
WHEREAS, a staff repot has been presented to the City CoLincif recommending
hiring CVE Engineering. Inc. to conduct an update and expansion of the Civic Center
site ALTA survey map: and
WHEREAS, a budget adjustment in the aggregate amount of $5.100 is requested
from the Endowment Fund (2800) for this work: and
WHEREAS. Exhibit "A ", attached hereto and made a part hereof. describes said
budget amendment and the resultant impact to the budget line item.
NOW. THEREFORE. THE CITY COUNCfL OF rf-(F CfTY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $5.100 from the Endowment
Fund (2800), as more particularly described in Exhibit "A ". attached hereto. is hereby
approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be fileq in the book of original Resolutions.
PASSED AND ADOPTED this 15th day of December. 2010.
Janice S. Parvin. Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A — Budget Amendment
211
EXHIBIT A
BUDGET AMENDMENT FOR
ENDOWMENT FUND
FOR UPDATE AND EXPANSION OF ALTA SURVEY MAP - CIVIC CENTER SITE
2010/11
FUND ALLOCATION FROM:
Fund
Account Number
Amount
Endowment Fund
2800 -5500
$ 5.10000
$ 5.100.00
$ 16.820.00
Total
$ 5.100.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2800.2100.2007.9103
$ 11.720.00
$ 5.100.00
$ 16.820.00
Total
$ 11.720.00
1 $ 5.100.00
1 $ 16.820.00
Approved as to Form:
218