HomeMy WebLinkAboutAGENDA REPORT 2009 0318 CC REG ITEM 09D ITEM-
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City Council Meeting
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MOORPARK CITY COUNCIL ==
Honorable City Council
March 18, 2009
Page 2
aware of the needed changes and additional fees. It should be noted that requests for
additional fees have been made to the developers of TR5130, TR5463, TR5437, however
the fees have not been paid to date.
Provision of Engineering .Services: Since mid-January the City's Assistant Engineer
position has been utilized for inspection of development projects as well as issuance and
administration/inspection of encroachment permits. Based on current and projected
workloads, this requires about 40% of the available time. The balance of available time is
spent on various capital projects and other departmental assignments. The Building and
Safety Technician provided by CAA has been assisting with the issuance of encroachment
permits. This service is available because of reduced workload in both Building and Safety
and Engineering. This time is charged to Engineering. During this time the need for plan
check services has been minimal and has been performed by the City Engineer and
Assistant City Engineer as needed.
It is now proposed that an outside consultant be hired to provide the improvement plans
and map check services. The City's Assistant Engineer and CAA Building and Safety
Technician, will continue to provide inspection and encroachment permit services as
described above.
RJR has agreed to the same agreement the City had with CAA with a few exceptions;
1. City will provide inspection services and issue encroachment permits until the
development activity warrants a full time inspector. RJR will provide inspection
services as requested by the city.
2. RJR will not have regular hours nor be required to rent office space from the City
until development activity requires them to provide full time presence at the City
Hall. RJR will be available at City Hall on an appointment basis as needed.
3. RJR will provide complete engineering services including geotechnical and
geological reviews. CAA hired a sub consultant to perform these services.
4. RJR will be available by phone during regular working hours to answer questions
from the City and developer's engineer.
FISCAL IMPACT
Based on the invoices submitted from CAA, through the end of CAA contract January 14,
2009 there is a balance of approximately $150,000 in developer fees for plan check and
inspection services for all developments projects. With a few exceptions, the existing fees
are projected to be sufficient for completion of plan checking and inspections. RJR has
agreed to provide the necessary remaining plan check(limit to 4)services for the remaining
fees for each project. As new projects are submitted, the plan check/inspection fees
currently in place would cover all related engineering services.
The Assistant Engineer position will be now be partially funded by developers/permits fees
OOOJL04
SAPublic Works\Everyone\Reports\Staff Reports\2009\March\3-18-2009 Engineering Services.doc
Honorable City Council
March 18, 2009
Page 3
rather than the general fund and gas tax/TDA.
STAFF RECOMMENDATION
1. Approve the selection of RJR Engineering to perform Engineering Services.
2. Authorize the City Manager to sign the agreement for Engineering Services with
RJR Engineering, subject to final language approval by the City Manager and City
Attorney.
Attachment
1. Draft agreement
SAPublic Works\Everyone\Reports\Staff Reports\2009\March\3-18-2009 Engineering Services.doc 0-001-05
Attachment 1
AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of ,
2009, by and between the City of Moorpark, a Municipal Corporation located in the
County of Ventura, State of California, hereinafter referred to as "CITY and RJR
Engineering Group, a California Corporation, hereinafter referred to as
"CONSULTANT."
WITNESSETH
WHEREAS, CITY has the need for certain municipal engineering services; and
WHEREAS, CITY desires to contract for such services with a private consultant
in anticipation that said private consultant can provide such services in a manner
acceptable to CITY; and
WHEREAS, CONSULTANT is experienced in providing such services for
municipal corporations and is able to provide personnel with the proper experience and
background to carry out the duties involved; and
WHEREAS, CITY wishes to retain CONSULTANT for the performance of said
services;
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
CITY does hereby appoint CONSULTANT in a contractual capacity to perform certain
functions of a municipal engineering office, and to perform the services in accordance
with the terms and conditions hereinafter set forth in Exhibit "A".
I. COMPENSATION TO CONSULTANT
The fees in full Compensation to CONSULTANT for the services rendered shall be as
follows:
A. Development Engineering
For the services set forth in Exhibit "A", Section A, these services shall be provided at
no cost except those items of work determined by the City Manager or his/her designee
to encompass a level of effort necessitating additional compensation. Such items of
work shall be authorized in advance by a written Additional Services Authorization
(ASA) signed by the City Manager or by his/her designee.
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City of Moorpark and RJR Engineering Group Page 1
B. Plan Checks
For services provided as described in Exhibit "A", Section B, a seventy percent (70%)
fixed fee, of the current fees collected by CITY. Progress payments shall be made
accordingly:
Fifty percent (50%) of fee upon completion of the first plan check; an additional
twenty-five percent (25%) upon completion of the second plan check; an
additional twenty-five percent (25%) upon completion of the third and final plan
check. Completion of the final plan check shall occur when signed by the City
Engineer or such other City employee designated by the City Manager.
C. Land Development Review
1. For review and conditioning of tentative maps, development plans, general plan
amendments, zone changes and similar entitlements CONSULTANT will receive a fee
of Five Hundred Dollars ($500.00) for small entitlements such as tentative maps of less
than ten (10) lots and commercial and industrial developments of less than 5,000
square feet. For entitlements in excess of ten (10) lots and commercial and industrial
development in excess of 5,000 square feet services CONSULTANT will receive a fee
of Two Thousand Five Hundred Dollars ($2,500.00).
2. For projects requiring special, hydrological, geological, or other analysis beyond
the usual review, CONSULTANT shall receive additional compensation for actual cost
for preparation or review of such analysis. For such service, CONSULTANT shall
provide CITY with a quotation. No services shall be authorized until written CITY
approval is granted and an ASA is signed by the City Manager or his/her designee. The
environmental checklist for a project will be used as a guide for projects this additional
level of review. The services provided by CONSULTANT pursuant to this Paragraph C.
shall be performed in a timely manner to allow City compliance with the processing
requirements of the Permit Streamlining Act. . CONSULTANT may choose to contract for
such special services.
D. Public Works Encroachment Permits
For services provided in Exhibit "A", Section C, processing and issuance of public works
encroachment permits, a seventy percent (70%) fixed fee, of the current fees collected
by CITY. Payment will be made based upon the fees collected during each calendar
month. This service shall be suspended as of the effective date of this Agreement and
shall be reinstated upon mutual written agreement between CITY and CONSULANT.
When this service is reinstated it shall be pursuant to the terms of this Paragraph D.
E. Land Development Inspection (Construction Observation)
For services provided as described in Exhibit "A", Section D, a seventy percent (70%)
fixed fee, of the current fees collected by CITY. Progress payments shall be made
according to the current hourly fee schedule, not to exceed ninety-five percent (95%) of
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City of Moorpark and RJR Engineering Group Page 2
the total fee, until recommendation of final acceptance of the project is made by the
CONSULTANT to the City Engineer (in the event the City Engineer is not a City
employee, then the City Manager or his or her designee), at which time the remainder of
the fixed fee shall be invoiced as part of the next billing cycle. This service shall be
suspended as of the effective date of this contract and shall be reinstated upon mutual
written agreement between CITY and CONSULANT. When this service is reinstated it
shall be pursuant to the terms of this Paragraph E.
F. The Hourly Rates of the CONSULTANT shall be as provided in Exhibit "B".
The hourly fee rates for services provided pursuant to Paragraphs C., D., E., and F. of
this Agreement shall be those contained in Exhibit "B". Said rates may be adjusted July
1, 2010 and each subsequent July 1 as follows:
CONSULTANT shall notify CITY in writing forty-five (45) days or more prior to
July 1 of the proposed changes in said hourly rates. The proposed change shall
be either the change to the Consumer Price Index, using the U.S. City Average
for All Urban Consumers All Items Indexes for the previous 12 month period
(April to previous April or seven percent (7%), whichever is less. Said changes
consistent with the above limits shall become effective July 1 unless CITY
notifies CONSULTANT in writing of its rejection of the intended changes in
hourly rates. A written request for changes in excess of the above limits must be
submitted to CITY forty-five (45) days prior to the proposed effective date and
requires City Council approval to become effective.
G. CITY shall make payment to CONSULTANT within thirty (30) days of receipt of
invoices, except for those invoices which are contested or questioned, in writing, and
are returned to CONSULTANT within thirty (30) days of receipt of invoices.
II. TERMINATION
This Agreement may be terminated by CONSULTANT when CITY is provided a written
notice ninety (90) days in advance of such termination. CITY may terminate this
Agreement with or without cause at any time with thirty (30) days written notice of such
termination. In the event of such termination, CONSULTANT shall be compensated for
such services up to the date of termination. Such compensation for work in progress
would be pro-rated as to the percentage of progress completed at the date of
termination.
III. GENERAL CONDITIONS
A. 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 subcontractor.
Consultant further covenants that Consultant has not contracted with nor is performing
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City of Moorpark and RJR Engineering Group Page 3
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnerships 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
subcontractors 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 of Moorpark and for a one-year
time period following termination of this Agreement.
B. CITY assumes no liability for the payment of any salary, wage or other
compensation to any person employed by CONSULTANT performing services hereunder for
CITY.
C. CONSULTANT is, and shall at all times remain as to CITY, a wholly independent
contractor. For City business purposes, position titles utilized by CONSULTANT'S
employees shall be approved by the City Manager or his/her designee. All
correspondences on City letterhead, via City emails, and use of City business cards
shall identify CONSULTANT as an independent contractor. Neither CITY nor any of its
officers, employees or agents shall have control over the conduct of CONSULTANT or
any of CONSULTANT officers, employees or agents, except as herein set forth.
CONSULTANT shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner employees of CITY. 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 or agent, or
of a partnership, or of a joint venture, or of any other association of any kind or nature
between the CITY and CONSULTANT.
D. All original documents, plans, designs, drawings, inspection reports, logs,
computer files, notes and other related materials prepared or obtained in the course of
providing the services performed pursuant to this Agreement are the sole property of
CITY. In the event of termination of this Agreement in accordance with Article II of this
Agreement, and upon written request from CITY, CONSULTANT shall deliver in good
condition and in a manner prescribed by CITY all such property within 10 (ten) working
days of the written request. Original files of the City shall not be located offsite of City
premises, unless the written permission of the City Engineer and/or City Clerk is
obtained, and the files remain fully accessible to the City and its officials, employees,
and agents.
E. Hold Harmless and Indemnification Provisions:
1. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the full extent
permitted by law, CONSULTANT shall indemnify, protect, defend and hold
harmless CITY and any and all of its officials, employees, agents, and
independent contractors ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including attorney's fees and
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City of Moorpark and RJR Engineering Group Page 4
costs to the extent same as caused in whole or in part by any negligent or
wrongful act, error or omission of CONSULTANT, its officers, agents,
employees, subconsultants, contractors and subcontractors (or any entity or
individual that CONSULTANT shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
2. 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, agents, and independent contractors 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 attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees), where the
same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by CONSULTANT or.by any
individual or entity for which CONSULTANT is legally liable, including but not
limited to officers, agents, employees, subconsultants, or contractors and
subcontractors of CONSULTANT.
3. 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 and 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 indemnity 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.
4. 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
Paragraphs 1 and 2 of this Section.
F. CONSULTANT shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "C" attached to and part-of this
Agreement.
G. CONSULTANT shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that
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City of Moorpark and RJR Engineering Group Page 5
CONSULTANT is uniquely qualified to perform the services provided for in this
Agreement.
H. CONSULTANT availability to the public shall be by appointment only at City Hall
during the hours of 8:00 a.m. and 5:00 p.m. until such time as changed by mutual
written agreement by CITY and CONSULTANT. Once changed by mutual agreement
CONSULTANT shall have its hours of operation open to the public for the issuance of
permits and other related services between 8:00 a.m. and 5:00 p.m. each City workday
and shall observe the same holidays as CITY, unless otherwise approved in writing by
the City Manager or his/her designee. CONSULTANT does not require rental of any
office space and support services from CITY at this time. In the event office space and
support services are required CITY shall provide CONSULTANT office space and
support services for normal office operation between 8:00 a.m. and 5:00 p.m. each City
workday. CONSULTANT agrees to pay CITY monthly rent prior to the fifth day of each
month, along with overhead charges for the use of City offices, equipment, technical
support services, computer maintenance, software, software maintenance and other
associated costs with running an office consistent with City's applicable cost allocation
plan and overhead allocation.
I. CITY shall assign CONSULTANT staff city email addresses and make access via
the internet available to CONSULTANT staff. Unless approved by the City Manager in
writing, access to CITY network shall be limited to Outlook software for email, calendar,
contacts and FileMaker Pro software for tracking of engineering permits.
J. CONSULTANT will ensure all of his/her employees assigned to this Agreement
comply with the Fair Political Practices Commission, Conflict of Interest Code reporting,
"Statement of Economic Interests," as adopted by City Resolution.
K. CONSULTANT will report to the City Clerk the names and titles of all employees,
new employees and terminations of employment assigned to this Agreement within two
(2) weeks of said employment, or termination to allow for compliance with reporting
requirements under Conflict of Interest reporting mandated deadlines.
L. During the term of this contract, and for a period of six months after the term of
this contract, CONSULTANT agrees not to solicit, recruit, or contact any City employee
for purposes of hiring such employee or for purposes of retaining such employee to
work for CONSULTANT as a consultant. CONSULTANT agrees that if any City
employee submits an unsolicited application for employment or consulting work to
CONSULTANT and CONSULTANT hires such City employee as an employee or
consultant, CONSULTANT shall pay to City a fee of Seventy-Five Thousand Dollars
($75,000.00) to compensate CITY for costs associated with recruitment -of a
replacement, training, temporary interim employees, and other related expenses.
M. Cases involving a dispute between CITY and CONSULTANT may be decided by
an arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
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City of Moorpark and RJR Engineering Group Page 6
N Any notice to be given pursuant to this Agreement shall be in writing and all such
notices and any other document to be delivered must 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 who intended as follows:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
TO: RJR Engineering Group
1956 Palma Drive, Suite J
Ventura, CA 93003
Attn: Robert W. Anderson, NSPE, RCE, JD, GC
Either party may, from time to time, by written notice to the other, designate a different
address which shall be substituted for the one above specified. Notices, payments and
other documents shall be deemed delivered upon receipt by personal service or upon
deposit in the United States mail.
O. This Agreement constitutes the entire Agreement of the parties concerning the
subject matter hereof and all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended in any way except by a
written amendment, signed and acknowledged by both of the parties hereto.
P. 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.
Q. 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.
R. In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
S. This Agreement is made, entered into, executed and is to be performed in
Moorpark, 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.
000:1142
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City of Moorpark and RJR Engineering Group Page 7
T. The captions and headings of the various Articles and Paragraphs of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles and Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual in responsible charge for the performance of the duties set forth herein
shall be Robert W. Anderson, NSPE, RCE, JD, GC, a Registered Civil Engineer No.
58383, and Al Echarren, a Licensed Land Surveyor No. 4137.
Upon mutual written agreement of the parties, other individuals may be substituted in
the above capacity as Engineer in responsible charge.
In the event of a vacancy in the City Engineer position of the City, the City Manager may
appoint an employee or officer of CONSULTANT as Acting City Engineer.
CONSULTANT agrees to perform the responsibilities of City Engineer consistent with
the terms of this Agreement and applicable state law.
V. IMPLEMENTATION
CITY shall provide CONSULTANT with written notice in advance of the date at which
these services are to be implemented if different than the date of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to' be
executed by the duly authorized officers the day and year first above written in this
Agreement.
CITY OF MOORPARK RJR ENGINEERING GROUP
Janice S. Parvin Robert W. Anderson
Mayor Principal Engineer
ATTEST:
Deborah S. Traffenstedt
City Clerk
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_ __
EXHIBIT "A"
SCOPE OF SERVICES
A. DEVELOPMENT ENGINEERING
1. When requested by the City Manager or his/her designee, CONSULTANT will
attend regular and special City Council and Planning Commission meetings and
meetings with City staff, public officials, community leaders, developers,
contractors, and the general public.
2. CONSULTANT will provide to the City Manager or his/her designee, general
comments and/or conditions on private and public development applications,
planning programs and land development controls, including reports from other
agencies.
3. When requested by the City Manager or his/her designee, CONSULTANT will
provide general technical advice on engineering and public works activities.
4. CONSULTANT will advise the City as to development engineering and
construction financing available from other governmental agencies.
5. CONSULTANT will establish working relationships and coordination with all other
public agencies and private utilities involving engineering matters affecting City of
Moorpark.
6. When required, CONSULTANT will analyze City's general needs and make
general recommendations pertaining to long and short-range maintenance and
improvement programs consistent with the economic capabilities of the City.
7. When required, CONSULTANT will provide general engineering consultation in
connection with problems such as construction traffic control, street signs, street
maintenance programs, flood control, etc.
8. When necessary, CONSULTANT will review and provide general comments on
development regulations, development fees and ordinances pertaining to
engineering matters.
9. CONSULTANT will provide comments pertaining to controls on land development
projects including, but not limited to scope of work on proposed General Plan
amendments and updates to various elements, Subdivision Map Act revisions, and
revisions to the City's Subdivision Ordinance.
10. CONSULTANT will assemble and maintain on-site such records as are
customarily maintained by a municipal engineering office for its contracted
functions. Such records shall at all times be the,property of the City and shall be
open for City inspection. Such records shall be organized and neatly filed in
accordance with normal engineering practices and filing standards established by
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CITY. At a minimum, the files will be organized in a system that has been
approved by CITY and shall include one copy of the final approved or recorded
map or site plan, all correspondence on the project, a copy of the issued grading
permit, encroachment permit, bonds and other pertinent material to the
development of the project as determined by the City Manager or his/her
designee. No destruction of original City records shall occur unless written
approval of the City is obtained in accordance with the requirements of State law
and established City Council policy.
11. CONSULTANT will cooperate with and respond to inquiries from CITY and its
contractual firms for investigating claims against CITY and, as determined by City,
provide reports, statements and/or other requested information in a timely manner.
12. Provide assistance in the preparation for legal and/or actions related to
Development Engineering functions including attendance at closed sessions and
depositions, but excluding preparation for and attendance at court and arbitration
proceedings.
13. Provide assistance to CITY's Code Compliance Division, when requested,
regarding compliance with grading requirements of the California Building Code.
14. Annually assist with the preparation of development engineering, public works and
capital improvements budgets.
15. Provide reports, documentation and analysis as requested by the City Manager or
his/her designee.
16. Respond to requests by City's internal and external auditors for information
regarding charges, fees, project costs or other services which are provided.
CONSULTANT will maintain all records in conformance with generally accepted
accounting principles and the requirements on OMB Circular A-87.
17. On a weekly basis maintain the Excel based Engineering Permit Monitor of the
status of all engineering services including, but not limited to development
projects, inspections, plan check status, and bonds. CONSULTANT shall provide
weekly electronic copies to all department heads, the Deputy City Manager, the
Assistant City Manager and the City Manager or his/her designee through the
City's email system.
18. Advise CITY on availability of grant funding applications from federal, state, and
regional agencies for traffic safety studies and improvements.
19. When CONSULTANT has offices at City Hall, CONSULTANT will provide
computer hardware and software consistent with the City's network* for each
company employee to the satisfaction of the City of Moorpark Information Systems
Division and the City Manager or his/her designee.
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B. PLAN AND MAP CHECKING (REVIEW)
Plans and supporting documents will be picked up by CONSULTANT the day following
submittal to CITY. CONSULTANT will provide CITY with plan check copies as required
in B.4. below. CITY will be responsible for delivery of plan check copies to the permit
applicant.
1. CONSULTANT will review and check Final Maps, Parcel Maps, grading plans, and
soils reports for compliance with State Map Act, City ordinances, conditions of
approval, Development Agreements and sound engineering practices.
2. CONSULTANT will check all improvement plans prepared by private developers
for facilities under the jurisdiction of the CITY.
3. CONSULTANT will establish the required performance, labor and material bond
amounts and accept the posting of such securities as part of the development
process.
4. All plans shall ready for permit issuance at the conclusion of the third plan check.
The following minimum plan check turnaround times will apply.
5. CONSULTANT shall sign maps and improvement plans per Subdivsion Map Act
and Business and Professions Code if applicable:
a. First plan check: Within twenty (20) business days after submission of a
completed set of plans.
b. Second plan check: Within ten (10) business days after submission of
requested changes.
c. Third plan check: Within five (5) business days after submission of requested
changes.
Additional plan checks beyond the third plan check shall only be permitted when
approved in advance by the City Manager or his/her designee. Recovery of cost for
such plan check shall-be at the billing rates shown in Exhibit B. Recovery of costs
beyond the fourth plan check may be reduced to less than one hundred percent (100%)
if the City Manager or his/her designee determines that the need for the additional plan
check is the fault of CONSULTANT.
C. ENCROACHMENT PERMITS
CITY will receive process, issue, and provide construction observation. for
encroachment permits. At a time mutually agreed upon in writing by CITY and
CONSULTANT, CONSULTANT will receive, process, issue, and provide construction
observation for encroachment permits. CONSULTANT shall provide CITY monthly with
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a list pf all new encroachment permits for the previous month showing the location of
said encroachment, the date of issuance, property owner and encroachment permit
number. Annually CONSULTANT shall provide CITY with- a listing of all active
encroachment permits showing the location of said encroachment, the date of issuance,
property owner and encroachment permit number.
D. LAND DEVELOPMENT INSPECTION (CONSTRUCTION OBSERVATION)
Land development inspection (construction observation) will be provided.by CITY. At a
time mutually agreed upon in writing by CITY and CONSULTANT, CONSULTANT will
perform the following:
1. CONSULTANT will provide field inspection during the construction of public works
improvements by private developers and at the proper time, recommend notices of
completion and, acceptance of work including reports concerning exoneration of
bonds or other surety.
2. CONSULTANT will report to the City Manager or his/her designee obstructions,
potholes, unsafe traffic control signing or other easily observable public safety
items that may be observed in driving to and from the site of inspections.
E. GEOLOGY AND SOILS ENGINEERING
CONSULTANT will provide consulting geology and soils engineering specialties as part
of Sections A, B, C, and D. These services will be provided by plan check turnaround
times for geology and soils engineering and shall conform to the requirements for Plan
and Map Checking in Section B and run concurrently with the overall project plan check.
F. CAPITAL IMPROVEMENT PROJECTS
CONSULTANT will perform the following, when authorized in writing with an ASA:
1. Prepare plans, specifications and cost estimates for CITY projects.
2. Provide a design survey; construction survey; and construction administration and
observation of CITY projects.
3. Provide special engineering reports regarding such matters as assessment district
formation, annexations, etc.
4. Check plans, specifications and cost estimates, as well as provide construction
administration and observation for CITY projects designed by others.
5. Process plans, specifications and permits through other agencies for review and
approval.
6. Perform other duties assigned relating to traffic and transportation engineering.
000:117
Agreement for Engineering Services
City of Moorpark and RJR Engineering Group Page 12
G. ASSESSMENT ENGINEERING
CONSULTANT will act as Engineer of Work and provide customary Assessment District
Engineering support services to the City on an as needed basis. Included in this area of
service are the following: research and compilation of assessment records and parcel
date; compilation and maintenance of database records; review of engineer's plans;
development of assessment budgets and cost estimates, cost allocation to parcels;
preparation of assessment roll; preparation of Engineer's Report and Legislative
documents consistent with the requirements of Proposition 218, and the Landscaping
and Lighting Act of 1972; attendance and presentation at staff meetings; and City
Council meetings, coordination with City Clerk and County Agencies; and annual
assessment administration activities.
D-0-10:1:18
Agreement for Engineering Services
City of Moorpark and RJR Engineering Group Page 13
EXHIBIT `B'
HOURLY RATE SCHEDULE
PERSONNEL SERVICES RATES
Principal Engineer..................................... $168.30
Senior Geologist ....................................... $145.86
Project Engineer/Designer........................ $112.20
Staff Engineer/Designer............................ $102.00
Field Inspector.......................................... $70.38
Permit Technician ................ .................... $60.18
Secretarial/Word Proc............................... $45.90
Effective 03/18/09
Agreement for Engineering Services 00119
City of Moorpark and RJR Engineering Group Page 14
EXHIBIT "C"
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. In the event the amount of commercial general liability
insurance provided to another public agency client of Consultant is greater than the
amounts stated in this paragraph, this same insurance coverage shall be provided 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.
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 that $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
coverage 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.
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. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the 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 City for injury to employees of
Agreement for Engineering Services f 10 0124D
City of Moorpark and RJR Engineering Group Page 15
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $2,500,000 per
occurrence.
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 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.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the staff of California and with an A.M. Bests rating of A- or better
and a minimum financial size Vll.
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 contractors ("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 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 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 submitted to City' and approved of in writing.
000:12:1
Agreement for Engineering Services
City of Moorpark and RJR Engineering Group Page 16
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 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. Certificate(s) 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 subcontractor, 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 retentions
or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor. Architect,
'1
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NY
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City of Moorpark and RJR Engineering Group Page 17
Engineer 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 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 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 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 as 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.
000:123
Agreement for Engineering Services
City of Moorpark and RJR Engineering Group Page 18
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 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
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 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. 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.
000124
Agreement for Engineering Services
City of Moorpark and RJR Engineering Group Page 19