HomeMy WebLinkAboutAGENDA REPORT 2008 1105 CC REG ITEM 10L.. k.,. G. St �C<. Div t•'�c,: 3p1. .. .. ..
CeIty Council Meeting
MOORPARK CITY COUNCIL��
AGENDA REPORT
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer /Public Works Director
Prepared by: Shaun Kroes, Senior Management Antys
DATE: October 23, 2008 (CC meeting of 11/05/08)
SUBJECT: Consider the Selection of a Consultant to Provide Services for
Evaluation and Recommendations for Moorpark City Transit and,
Consider Resolution Amending the Fiscal Year 2008/09 Budget to Fully
Fund the Project
BACKGROUND
On August 20, 2008 City Council approved a Request for Proposal (RFP) to provide
consultant services for evaluation of the City's current fixed transit routes and schedules and
offer suggestions on improving bus routes, trips, times, potential for weekend expansion,
and evening hours. Staff requested proposals from 22 firms to provide these services. The
City received three proposals.
DISCUSSION
Proposals for Consultant services were received from the following firms:
Firm
Proposal Cost
Moore & Associates, Inc.
$7,410
First Transit, Inc.
$24,516
HDR Engineering, Inc.
$34,673
Staff reviewed the proposals and found all proponents to be responsive to the RFP. The
selection of the proposal is based upon the firm's technical qualifications, proposed
methodology, experience, references, and cost. All of the firms were found to be well
qualified and able to meet the requirements of the City. Moore & Associates' proposal cost
was significantly lower than the other two firms. Moore & Associates' references confirmed
that in their experience, the firm stays within its budget. A copy of their proposal is attached
1 0()2, 63
S: \Public Works \Everyone \Reports \Staff Reports\2008 \November \11 -5 -2008 (Transit Consultant Award).doc
Honorable City Council
November 5, 2008
Page 2
attached for reference as Attachment 1. The City currently has $5,000 budgeted for the
project. Staff proposes amending the FY 2008/09 budget by appropriating $2,500 from
Local Transit Funds (Fund 5000) to fully fund the project. Staff has prepared a Resolution
(Attachment 2) amending the FY 2008/09 Budget to increase the budget to $7,500.
FISCAL IMPACT
Appropriating $2,500 from Fund 5000 will fully fund the project at $7,500. There are
sufficient funds available to cover the cost.
STAFF RECOMMENDATIONS (ROLL CALL VOTE
1. Approve the selection of Moore & Associates, Inc. to provide services for evaluation
and recommendations for Moorpark City Transit.
2. Authorize the City Manager to sign the Agreement.
3. Adopt Resolution No. 2008 -
Attachments:
1. Moore & Associates Proposal
2. Resolution No. 2008 -
3. Agreement
00264
SAPublic Works \Everyone \Reports \Staff Reports\2008 \November \11 -5 -2008 (Transit Consultant Award).doc
Attachment 1
rMEM11-V
1 ICES': TRANSIT EVALUATION
1. TITLE PAGE [2]
2. QUALIFICATIONS, !_.ND EXPERIENCE [3]
3. METHODOLOGY [8]
4. REFERENCES [12]
TABLE OF CONTENTS
5. CC�rvFLICT EK:
A
,'I i NT SERVICES: TRANSIT EVALUATION
TITLE tPAGE
Proposal to Provide Professional Services
for Evaluoiion and Reccmmendations for P/,,00rpark City Transit
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Moore & Associates, Inc.
28159 Avenue Stanford, Suite I i 0
Valencia, California 91355
Contact: Allison Moore
888-743-5/77
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MOORE &ASSOCIATES, INC.
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Moore & Associates, Inc. has provided service planning, market research, and marketing
services to public transportation organizations throughout the western United States for nearly
20 years. Founded by Jim Moore and incorporated in California, Moore & Associates is a
full - service public transportation consultancy. In addition to planning, auditing, and general
management services, we also provide marketing and advertising services. Implementation of
cur strc+ CJ es �., rCS.;i te. ,4 in yvan ti Gvi ie vU+ Cvm2s including increased operational ctr_
6iCy,
sustainable ridership increases, and increased fare revenue. We believe our approach offers
our clients the greatest return on investment. At Moore & Associates, it's all about the client.
Our focus is on clien`r;�_�riti�s, not internal corporate goals.
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The Moore and Associates' team features seasoned professionals with significant experience
directly related to each proposed engagement. Further, the personnel proposed for this
assignment reflect a time - tested service planning team. Each member possesses a depth of
experience gained from collaboration on similar assignments, thereby allowing the team to
function as a cohesive unit while drawing upon individual member expertise.
JIM, P: "ovre, our proposed project manager, is a transportation professional with more than 30
years of high - profile experience. His transit - specific industry knowledge and ability to think
"outside the box" have helped develop Moore & Associates into the industry- leading firm it is
today. As project manager, Jim will be the primary point -of- contact between the City and our
firm. He will be responsible for coordinating work assignments within our project team and
for ensuring all project deliverables are of the highest quality.
Jim has spearheaded numerous successful consulting projects for public transportation
organizations throughout California, Arizona, Nevada, Utah, Texas, Alaska, and Nebraska.
He brings more than a quarter- century of project management, service evaluation, and
service planning experience. Recent clients include Foothill Transit, Monterey - Salinas Transit,
Metrolink, Placer County, Santa Ynez Valley Transit, City of Lincoln, and City /Borough of
Juneau, Alaska.
MOORE & ASSOCIATES, INC. '..-
310026
1 °UANS1TEVALUATION
Joining Jim on the project team is Associate Planner '.S _! c; l `I;!e r. = =+ Michael holds a
Bachelor of Science degree in City and Regional Manning from Cal Poly, San Luis Obispo.
He has garnered significant transportation planning experience as project coordinator for
Visalia City Coach, Tulare County Association of Governments, Vacaville City Coach, and
Petaluma Transit. In addition, Michael had prepared service evaluations, service planning,
and cost forecasting for numerous organizations including City and Borough of Juneau and
Redding Area Bus Authority.
A detailed resume for each team member follows.
100268
MOORE & ASSOCIATES, NC. � 4 � '••
RESUIv1ES
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PROJECT ROLE
Project manager of Caltrans- funded Environmental Justice project.
Project Management Project Manager of Monument Corridor Targeted (Hispanic)
Community Outreach, Central Contra Costa Transit Authority.
EDUCATION Outreach program raised awareness to the Spanish- speaking
community, increased service awareness, and knowledge.
Bachelor of Science, Political
Science, California State Consultant for Caltrans- funded state -wide alternative transportation
univers Ir, Fulle }on enhoncerneni project Targeting persons employed wiihin the
agricultural sector. Project included parallel support of five - county
PROFESSIONAL INVOLVEMENT rideshore effort fielding more than 250 vans.
Association for Commuter Created outreach plan for the Santa Barbara County Association of
Transportation Governments to assess intercommunity transit needs in Northern
Santa Barbara County, consisting of public meetings, stakeholder
Arizona Transit Association interviews with social service agencies, and focus groups.
California Association for Project manager and co- author of Short Range Transit Plans for
Coordinated Transportation Burbank, Caloveros County, Santa Maria, Paso Robles, Yuma,
Humboldt County, Petaluma, Tulare County, Stanislaus County,
California Transit Association Logan (Utah), and Napa County.
Community Transportation
PUBLISHED ARTICLES Project manager for 5 -year transit development plan for Capital
Transit (Juneau, AK) which resulted in complete redesign of route
Metro Magazine, Bus World, system to include several express long -line services as well as three
Passenger Transport, Transit neighborhood circulators. Developed all schedule blocks, runcuts,
California, Western Transit and public schedules. Annual ridership is 1.2 million.
Project manager for City of Visalia's 2008 short-range transit plan
including significant redesign of fixed -route service as well as
downtown circulator. Developed all runcuts, operator bid lines,
driver paddles, and public timetables. Annual ridership is 1.5
million. Reversed multi -year ridership erosion, enhanced contractor
performance, and increased community support for transit - related
initiatives.
Developed Victor Valley Transit Authority's commuter service to San
Bernardino and Rancho Cucamonga. Planning activities included
route and alignment design, schedule development, pricing models,
and interagency /intermodal coordination.
Authored service development strategy for external and internal shuttles
serving Sequoia /Kings Canyon National Park.
Developed service and marketing strategies to encourage mode shift
from demand - response to fixed -route service for Antelope Valley
Transit Authority resulting in $100,000 in annual savings.
X00269
MOORE 8. ASSOCIATES, INC.
S `TRANSIT EVALUATION
crovided trt,nsd consulting services to the cities of Fairfield, West
Cev!ns:, Alhambra, Arcadia, Glendale, Porterville, Dinuba, Elk
',rove, and Solvong.
Developed, presented, and facilitated agreements between the cities
of Visalia, Exeter; Farmersville, and the County of Tulare to expand
Visalia City Coach into neighboring communities.
Primary author of the City of Burbank Efficiency Study. This study
evnIuated the operation and management of all City operated
transportation services and established baseline performance data
and service criteria for City's fixed - route, demand - response, and
youth transit programs. This study provided detail recommendations
for consolidating management functions within the City leveraging
the transit resources available to the City. Implementation of these
recommendations resulted in reduced operating costs, increased
ridership, and a more effective use of capital resources.
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MOORE & ASSOCIATES, INC. ' • • - •
4> 'SIT EVALUATION
PROJECT ROLE
Service Evaluation /Planning Coordinated and analyzed data gathered from federal census to
produce Geographic_ Information Systems (GIS) maps that illustrate
EDUCATION housing density, population distribution, private vehicle ownership,
and other variables related to transit analysis for clients including the
Bachelor of Science, City and Counties of San Benito, and Tulare; as well as the cities of Redding,
Regional planning, California Petaluma, and Vacaville.
Polytechnic State University, San
Luis Obispo e, '. c e �a
Prepared service evaluations for Visalia City Coach, Petaluma
Caltrans workshops: Transit, 'vocaviiie City Coach, City and Borough of Juneau, and
Redding Area Bus Authority. The evaluations of both fixed -route and
• Federal Transit Grants demand - response systems included analysis of on -time performance,
Workshop, 2007 boarding /alighting activity, service efficiency, service effectiveness,
fleet configuration, and safety issues. This effort included developing
• Schedule Development, recommendations for improving route alignments and increasing
2007 ridership. Analyzed operations data for inclusion within Triennial
Performance Audits for Tulare County, Placer County, Stanislaus
• Paratransit Evaluation, County, San Joaquin County, Transportation Agency for Monterey
2007 County, and Kern County.
PROFESSIONAL =r,- ce esl n
INVOLVEMENT Proposed new routes for service in the corridor between the cities of
Dinuba and Reedley as well as routing for interregional service
American Planning Association between the cities of Visalia and Fresno.
Used GIS to accurately plot new routes through areas where
significant levels of demand warranted increased transit access.
Served on project team charged with streamlining the routes in the
Redding Area Bus Authority's system to improve service effectiveness.
Also assisted in route reconfiguration for San Benito County and the
Cities of Rio Vista and Visalia.
�opitol cnc `inoncial A.nolys!s
Developed a capital improvement plan for the City and Borough of
Juneau's Capita Transit and Care -A -Van programs including fleet
modernization, park & ride development, and bus shelter priority and
procurement.
Updated Petaluma Transit's operating plan and budget for a Mini
SRTP required by the Metropolitan Transportation Commission.
Assisted in bringing the Visalia City Coach System into compliance
with CARB regulations. Also developed an implementation plan for
service improvements related to Visalia City Coach's allocation of
Measure R monies.
Created operational and capital budgets for a proposed vanpool for
students at Reedley College as well as a vanpool for workers
commuting between Visalia and Fresno.
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MOORE & .= \SSOCiATES, INC
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Moore & Associates will meet with City staff no less than three (3) times throughout the course of
the proiect, including meetings for:
_a +c rjssernb!y — The primary objective of this meeting is to clearly define data collection
strategies and establish goals, objectives, and performance standards for the evaluation of
Moorpark City Transit (MCT). Through this task we will provide a means of tracking route
operations as well as identifying service development opportunities.
ntial p,ol.-osals — Using the information collected, Moore & Associates will present a
series of service recommendations for the City's consideration. The relative advantages
and disadvantages of each proposed service alternative will be thoroughly discussed. As
appropriate, maps and tables will be utilized to illustrate service recommendations. We
will explore the options of expanding service areas, increased hours of operation, adding
weekend service or new routes; as well as alterations to existing routes, schedules, and
time - transfer points.
Finalizut cn of mmnps- 'timetables -- Moore & Associates will work with City staff to finalize
route maps and timetables. Our project team will ensure the recommended actions
communicate the needs and wants of the community and are aligned with the City's
public transit goals.
Task ' : Trove! on Both Bus Routes
One of the most commonly employed transit evaluation tools is the ride check. A ride check
tracks activity at the individual vehicle level, including ridership counts by stop and by trip,
providing a detailed profile of exactly where and when ridership is occurring on each route or
service. A ride check also collects information on passenger loads, peak -hour demand, running
times, and schedule adherence. Taken collectively, such information will be used to assess actual
performance while also identifying opportunities for continued service enhancement. Should any
prior ride check data be available for review, our project team will utilize said data for further
analysis.
00272
MOORE & ASSOCIATES, INC. -
0 1 �< &Tt2ANSIT EVALUATION
it
Moore & Associates will evaluate operating costs, farebox recovery, ridership, trips, miles, hours,
and available capocifi�. These indicators will be analyzed to comprehensively illustrate all
elements or` system performance. By doing so, our project team will be able to readily gauge the
efficiencies of each route and develop practical recommendations designed to enhance their
respective performance.
Tr G ti. 1 _- Velr,i_) r� - lcy operations
Based upon data realized from our ride check as well as discussions with City staff, our project
team will create route maps depicting where typical origins and destinations are occurring. We
will identify locations where bus stops may be added or eliminated, as well as any recommended
alignment alterations.
, t da gh Friday operat:cjns
,Sk De e, - � t
Once a route map has been developed for each fixed -route alignment, a timetable will be
created. Timepoints will be adjusted to reflect changes in run -times and the location of bus stops.
Scheduling will take into consideration connectivity with other regional transit programs as well as
school start and end times. Timetables will be provided in both Microsoft Excel (.xls) and Adobe
Acrobat (.pdf) versions. Each timetable and route map will be accompanied by a written
justification for the proposed changes.
Task 5): Provide Reo,mmenr a;.i onc ior Ait +e us nc ije rship an d Farebox Revenue
Moore & Associates will present practical recommendations for increasing transit ridership and
farebox revenue while avoiding changes to MCT's current route and operating schedule. To
improve farebox recovery without modifications to existing route structure, we will identify
strategies geared towards reducing operating costs through administrative as well as operational
modifications. Our project team will conduct an on -site dispatch observation to evaluate
efficiency and effectiveness of current MCT operations. We will present a series of cost - neutral
recommendations based on information gathered through the dispatch observation, ride check,
and service evaluation.
lasK 6: De,,e1q_-1 Rcu�e Vop for Pots tHal r e-ir,g i
Once the evaluation of weekday service is complete, Moore & Associates will craft route map(s)
for any and all proposed evening hour services. This service will be designed to enhance the core
000273
MOORE & .ASSOCIATES, INC. ' • • -
t LlJAT1ON
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Monday through Friday service as efficiently and effectively as possible. We will consider the
extension of operating hours and /or a modification of the fixed -route network during extended
evening hours. The development of this service enhancement will follow the some methodology
and utilize the data garnered from the research associated with the core Monday through Friday
operations.
i ie'\,_IC) J T' TietC:f it fol" Potentla� �'F'c l` H'0 :1 (-
Once a route map has been developed for potential evening fixed -route service, a timetable will
be created. Scheduling will take into consideration connectivity with other regional transit
programs operating during those hours. Timetables will be prepared in both Microsoft Excel (.xls)
and Adobe Acrobat (.pdf) versions. The timetable and route map will be accompanied by a written
justification for any proposed changes.
Task:. 8: Develop Route fviap for Potentia, VY'eekend Hours
Following the evaluation of Monday through Friday service, Moore & Associates will design route
map(s) for any and all proposed weekend hour services. This service will be designed to enhance
the core Monday through Friday service as efficiently and effectively as possible. Service
recommendations will include any modifications to the Monday through Friday routes as well as
proposed operating hours. The development of this service enhancement will follow the some
methodology and will utilize the data garnered from the research associated with the core Monday
through Friday operations.
Task 9: Develop Timetable for Potential Weekend Hours
Once a route map has been developed for potential weekend fixed -route service, a timetable will
be created. Scheduling will take into consideration connectivity with other regional transit
programs operating on weekends. Timetables will be prepared in both Microsoft Excel (.xls) and
Adobe Acrobat (.pdf) versions. The timetable and route map will be accompanied by a written
justification for any proposed change.
3 0002'74
MOORE &ASSOCDATES, INC.
ENEW V� 4x = CONSULTANT SERVICES: TRANSIT EVALUATION
SCHEDULE OF TASKS
TAS KS
Task 1: Meet with City Staff
SEPTEMBER
OCTOBER
NOVEMBER
Task 2: Travel on Both Bus Routes
Task 3: Develop Route Maps for MCT MondaV through Friday Operations
Tas k 4: Develop Timetables for NICT Nionday through Friday Operations
Tas k 5: P rovide R ecom mendations for Inc reas ing R iders hip and F arebox Revenue
Tas k 6: Develop Route Mop for Potential Evening Hours
Task 7: Develop Timetable for Pctential Evening Hours
Tas k 8: Develop Route Mop for Potential Weekend Hours
Task 9: Develop Timetable for Potential Weekend Hours
PROJECT DELIVERABLES
Notice to Proceed
Provide Final Route Maps and Timetables
Provide Final Recommendations
Project Com letion
9
NtOORE & ASSOCIATES, INC. ;, «� •..-
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F� EIF ERENC__ES
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• • Transit
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Moore & Associates completed several service evaluation, service planning, marketing, and
community outreach projects for the City's muiti -tier public transit service. We completed COLT'S first
Service Assessment. This included in -depth analysis of demand for transit service among both ride -
depcndent and "choice rider" populations o,, ::cll :; dispatch.ing o la!ysis, Nvlicy and administrativil
analysis, and service planning and fleet development. Based on our work, the City transitioned from
a modest general public Dial -A -Ride program to a bimodal service delivery strategy that has resulted
in significant quarter -to- quarter ridership growth, enhanced productivity (i.e., increased average
riders /revenue hour), and increased farebox recovery.
In 2004, Moore & Associates was again retained by the City to prepare its Short Range Transit Plan.
Realized benefits include improved productivity, double -digit annual ridership growth, enhanced farebox
recovery, and increased cost - effectiveness of third -party operations contractors. The study included
strategies for further development of COLT's stops and zones capital infrastructure including
procurement and siting of benches, shelters, and bus stop info displays.
Moore & Associates completed several studies on behalf of the City of Burbank's transportation
services. These projects included a Short Range Transit Plan, a five -year Transit Growth Strategy,
Performance Audit, and a transportation services consolidation study. These efforts included
evaluation of current and planned development within the city, identification of transit service
deficiencies, and operational and financial recommendations for addressing unmet needs.
Moore & Associates developed baseline performance data and service criteria for fixed - route,
demand - responsive, and youth transit programs. The firm was also selected to complete a service
efficiency study, identifying growth opportunities, opportunities for inter - service synergy, and funding,
capital analysis, reallocation and growth scenarios.
�1v02i6
h�,C, jrc d Associates, InC. �••'
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CITY OF PETALUMA — PETALUMA TRA:
In 2007, Moore & Associates completed a successful update of the City's mini -Short Range Transit
Plan and is in the final stages of completing the full Short Range Transit Plan. While Petaluma has
been growing and was recently classified as an urban area, its fixed -route service was suffering from a
modest decrease in ridership during the prior period.
Combining the findings of our outreach efforts and service evaluation, Moore & Associates developed
recommendations aimed at improving on -time performance such as adjusting driver switch -out
;. procedures, eliminating its flag stop policy, and eliminating unproductive route segments. Our final
report included five -year Capital and Finance plans compliant with MTC and FTA requirements. The
Capital plan also included a list of requirements for the expansion of the City's multi -use maintenance
and operations facility.
Moore & Associates completed three projects on behalf of the JPA, which is composed of the Cities of
Solvang and Buellton, and the County of Santa Barbara. Our work includes a Performance Audit and
two Short Range Transit Plans (one in progress) for Santa Ynez Valley Transit.
Our approach included evaluation of current and planned development within the service area,
identification of transit service deficiencies, and operational and financial recommendations for
addressing unmet needs. Implementation of the proposed recommendations, combined with a
marketing campaign has resulted in double digit ridership growth.
Moore & Associates developed baseline performance standards and service criteria for fixed -route
and demand- responsive modes. Subsequently, we were selected to complete a service efficiency
study, identifying growth opportunities, improvement opportunities, funding, and growth scenarios.
000277
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Moore & Associates Inc. '.. -
Y' mefi+dtitiors for City Transit
GLENN COUNTY TR1�1PCRTATIC?1��ss�� .
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Moore & Associates prepared a Transit Needs Assessment for Glenn County Transportation
Commission. The project provided the County with an assessment of the intercity service transit
needs. The primary goal of this project is to increase the overall efficiency of the intercity bus service.
Our team also looked to increase the availability of service to medical facilities in Willows, Orland,
and Chico, create innovative strategies to improve transportation options for students and the transit -
dependent within Glenn County, and position Glenn Ride as a transportation alternative for the
general public. Lastly, our team examined future service expansion areas, specifically transportation
connections with Tehama and Colusa counties.
The final Transit Needs Assessment report consisted of an assessment of transit services on both the
local and regional level along with efficient and strategic recommendations tailored to Glenn County.
Moore & Associates was contracted by the Kem County Council of Governments (KernCOG) to conduct an
operational and performance review given perceived issues with data reporting and administrative
oversight. The cornerstone goal of this project was to evaluate the City's program using both
quantifiable and qualitative criteria, and present a series of strategies for enhancing overall program
effectiveness.
The evaluation revealed Arvin Transit's recent performance fell short of the performance standards
identified through the City's prior TDP process (1996). The City's most recent Triennial Performance
Audit also revealed certain TDA compliance issues. We discovered many of the concerns /issues lay
beyond the reasonable control of the City of Arvin.
Since completing the evaluation, Moore & Associates and the City have continued the relationship,
working together to address issues as well as improve compliance, customer satisfaction, and mobility
for Arvin residents.
100278
Moore & Associates, Inc.
Moore & Associates does not currently hold any financial, business, or other relationships with
the City of Moorpark that would have any impact on the successful performance of the
proposed Agreement.
Page 15
Moore & Associates, Inc.
,o00279
"d City Transit
GENERAL PROPOSAL TERMS AND CONDITIONS
Moore & Associates understands and agrees to abide by the provisions of the General
Proposal Terms and Conditions, including the Sample Agreement, as set forth in the City of
Moorpark's Request for Proposals.
;) 00280
Moore & Associates, Inc.
rN Recommendations for City Transit
EXCEPTIONS
Moore & Associates does not take any exception to the requirements and conditions stated in
the City of Moorpark's Request for Proposals.
X00281
Moore & Associates, Inc.
ons for City Transit
Upon receipt of a Notice to Proceed, t,%&ore & AssobGtes will assign the City of Moorpark a
unique billing code, which will be used to track the time each project team member dedicates
to a given activity.
Each week, our project manager will review actual time spent and any associated expenses to
ensure the work is completed on schedule and within the agreed upon budget. Our project
manager will prepare a monthly status report outlining the work completed, activities planned,
and any anticipated challenges.
\ ivioore &Associates invoices are prepared electronically and issued on a monthly basis.
Each invoice will be segregated by task, time spent, and direct expenses incurred. Each
invoice will also include a description of upcoming tasks.
A separate Proposal Cost Form can be found in the Appendix.
Hourly Banes
Name Hourly Rate
Jim Moore $1 1 1.00
Michael Eshleman $81.40
1100282
Moore & Associates, Inc. `` ' • • -
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APPENDIX
Certificate
Form
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Page 20
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Form
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this prcjectG,7:ttre, t
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$7,410_00_._
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Frospec;tive Contractor "s
Page 19
APPENDIX D
WORKERS' COMPENSA T ION INSURANCE CERTIFICATION
As required by Section 1860 of the California Labor Code (Chapter 1000, Statutes of
'1965), C ltai,,a hall 'Lille nn+ f Workers' Compensation to its
file VUnJl111C11 .l shall secure paym..,.. o� Workers'
v� ���.� v �-'""`�"
employees in accordance with the provisions of Section 3700 of the California Labor
Code and shall furnish the City with a certificate evidencing such coverage together with
verification thereof as follows.-
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for Workers' Compensation or to undertake self -
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Agreement."
SIGNED: �' '
��� i
(Consultant)
DATE: '� c
100286
ProSpectNe Contractors
Page 28
ATTACHIVIILENT 1
INSUR^,NCE REQU1REiME -NTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
rneei ieyuilewetits stL forth heie, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1;000,000; per occurrence for all covered losses and no less than
$2,QOO,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exct equivalent. Limits are subject to review, but in no
event to be less than $J000,0'. 00 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal
autos in any way on this project, Consultant shall provide evidence of personal auto
liability for each such person.
Workers' Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1;000,000 per accident or
disease.
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 of $1,000,'00.0.
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
,i0028/
F,resptc`i"e .-.o:,tractors
Page 2.9
insureds liability is determined, not requiring actual payment by the insured first. There
sha!I be no cross liar- 0;1!1ty exclusion precluding coverage for claims or suits by one
insured against :mother. 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
I;GOG OGu 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, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $11 ,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 State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant-
1 . Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
000288
Prospective Contractors
Page '00
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
e!iminute s^ CUr!ed "third party aCtinn n%inr" Hpimc irv- lUding any exclusion fnr
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
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, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so
paid by the City shall be charged to and promptly paid by Consultant or deducted
from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the 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 the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
x)00289
Prospective Contractors
Page 31
monitor and review all such cove] age and assumes 211 responsibility for ensuring
that such coverage is provided i; i conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the Work. will be submitted to the City for
review.
11. Consultant agrees not to self - insure or to use any self - insured retentions nr
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self- insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant 90
days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non - compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
000290
Prospective Contractors
Page 32
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It
is not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for
payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
000291
Prospective Contractors
Page 18
ADDENDA
Bidder must fill in number and date of all addenda or enter the word "none ", if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
1 °I
III I Z 008
1) 00292
ft6fic Works Department
DATE: September 11, 2008
MEMORANDUM
FROM: Shaun Kroes, Senior Management Analyst
SUBJECT: Proposal to Provide Professional Services for Evaluation and
Recommendations for Moorpark City Transit
Addendum #1
The following changes, omissions, and/or additions to the Request for Proposal shall apply to
proposals made for and to the execution of the various parts of the work affected thereby, and all
other conditions shall remain the same.
In case of conflict between the Request for Proposal and this Addendum, this
Addendum shall govern.
1. Request for Proposal:
A. Proposals are due by the end of business day (5:00 p.m.), Thursday,
September 18, 2008.
B. Proposals shall be submitted to:
City of Moorpark
Public Works Department
799 Moorpark Avenue
Moorpark, CA 93021
900293
Attachment 2
RESOLUTION NO. 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2008/09 BUDGET TO FULLY FUND THE EVALUATION AND
RECOMMENDATIONS FOR MOORPARK CITY TRANSIT
[LOCAL TRANSIT FUNDS (FUND 5000)]
WHEREAS, on July 2, 2008, the City Council adopted the Budget for Fiscal Year
2008/09; and
WHEREAS, a staff report has been presented to the City Council requesting a
budget adjustment in the aggregate amount of $2,500; and
WHEREAS, Exhibit "A', attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget amendment in the aggregate increase of $2,500 as
more particularly described in Exhibit "A', is hereby approved.
SECTION 2.The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of November, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit'A': Appropriation and Budget Detail
000294
Page 2
EXHIBIT "A"
BUDGET AMENDMENT FOR
LOCAL TRANSIT FUNDS [5000]
TO FULLY FUND CONSULTANT SERVICES FOR
EVALUATION AND RECOMMENDATIONS FOR MOORPARK CITY TRANSIT
FY 2008 -09
FUND ALLOCATION FROM:
Fund
Account Number
Amount
Local Transit Funds
5000 -5500
$2,500
$2,500
$7,500
Total
$5,000
$2,500
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current
Budget
Revision
Amended Budget
5000.8510.0000.9103
$5,000
$2,500
$7,500
Total
$5,000
$2,500
$7,500
Approved as to Form:__
SAPublic Works \Everyone \Reports \Staff Reports\2008 \November \11 -5 -2008 (Consultant Resolution).doc 000295
Attachment 3
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
MOORPARK AND MOORE & ASSOCIATES, INC. FOR EVALUATION AND
RECOMMENDATIONS FOR MOORPARK CITY TRANSIT
THIS AGREEMENT, made this day of between the City of
Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark,
California 93021, hereinafter referred to as "City" and Moore & Associates, Inc.,
hereinafter referred to as "Consultant ".
WITNESSETH
The Parties hereto do agree as follows:
WHEREAS, in August 2008, City distributed a Request for Proposal for a
qualified Consultant who will evaluate the City's fixed transit routes and schedules and
make recommendations for potential changes.; and
WHEREAS, pursuant to said request, Consultant submitted a Proposal, which
was accepted by City for services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Term — The term of this Agreement shall be from the date this Agreement is
made and entered, as first written above, and will continue in effect until the
completion of the project.
2.1 Incorporation by Reference — The Request for Proposal and all Appendixes
thereof are hereby incorporated in and made part of this Agreement as
Attachment 2 and the Consultant's Proposal is hereby incorporated in and made
a part of this Agreement as Attachment 3.
2.2 Order of Precedence — The provisions of this Agreement shall control all
Agreement Documents; in the event of any ambiguity or inconsistency, the same
shall be resolved by reference first to the language of any written amendments
signed by both parties, then to the language of the Agreement, then attachments
to the Agreement, then to the language of the City's Request for Proposal
(Attachment 2), then to the language of the Consultant's Proposal (Attachment
3), and then to the other Agreement Documents in the order above set forth.
2.3 Entire Agreement — This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to the rendering of
services by Consultant to the City, and contains all of the covenants and
agreements between the parties with respect to the rendering of services by
Consultant to the City, and contains all of the covenants and agreements
,>000296
City Transit Evaluation
Page 2
between the parties with respect to the rendering of such services in any manner
whatsoever.
It is the intent of this Agreement to procure a qualified Consultant who will
evaluate the City's fixed transit routes and schedules and make
recommendations for potential changes, in accordance with this Agreement, the
Scope of Service within the City's Request for Proposal, and the Consultant's
Proposal dated September 18, 2008, which has been attached hereto as
Attachment 3, and made a part of this Agreement.
Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, not embodied herein,
shall be valid or binding and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. This Agreement shall not
be amended in any way except by a writing expressly purported to be such an
amendment, signed and acknowledged by both of the parties hereto.
3. City Obligations — For furnishing services as specified in this Agreement, City will
pay and Consultant shall receive as full compensation therefore, a not -to- exceed
sum based on the compensation schedule shown in Attachment 3, Appendix C,
attached hereto and made part of this Agreement.
Payments to the Consultant shall be made within thirty -five (35) days after receipt
of an original invoice and back up materials from the Consultant and acceptance
of the invoice and back up by the City.
4. Consultant's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
Consultant agrees with City to provide services as specified and to do everything
required by this Agreement, the said Request for Proposal and all Appendixes
and Attachments thereof. Consultant shall review, coordinate and approve the
work of all subcontractors retained by Consultant. Consultant shall be
responsible for all work performed by said subcontractors (a) as being complete,
(b) as meeting City's and Consultant's requirements, and (c) as if it had been
performed by Consultant. Without limiting the generality of the foregoing,
Consultant warrants on behalf of itself and all subcontractors engaged for the
performance of this Agreement, that only persons authorized to work in the
United States, pursuant to the Immigration Reform and Control Act of 1986 and
other applicable laws, shall be employed in the performance of the work
hereunder.
000297
City Transit Evaluation
Page 3
5. Licenses and Registrations — At all times during the term of this Agreement,
Consultant shall have in full force and effect, all licenses and registrations
required of it by law for the performance of the services in this Agreement.
6.1 Indemnification for Professional Liability — Consultant agrees to indemnify,
protect, defend, and hold harmless the City, 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 an 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.
6.2 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
employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including 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 an individual or entity for
which Consultant is legally liable, including but not limited to officers, agents,
employees or subconsultants of Consultant.
6.3 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 or any other person or entity involved
by, for, with or on behalf of Consultant in the performance of this Agreement. In
the event Consultant fails to obtain such indemnity obligations from others as
required here, Consultant agrees to be fully responsible according to the terms of
this section. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this Agreement or this section.
City does not and shall not; waive any rights that it may have against Consultant
by reason of these sections, hereof, because of the acceptance by City or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement. This hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are determined to be
)00298
City Transit Evaluation
Page 4
applicable to the claim, demand, damage, liability, loss, cost or expense
described in these sections hereof.
7. Insurance — The Consultant shall maintain prior to the beginning of, and for the
duration of this Agreement, insurance coverage as specified in Attachment 1,
attached to and made part of this Agreement.
8. Independent Consultant — Consultant is and at all times shall remain, as to the
City, a wholly independent consultant. Consultant shall not, at any time or in any
manner, represent that he is an officer, employee or agent of the City. Consultant
shall comply with all applicable provisions of the Workers' Compensation
Insurance and Safety Acts and Labor Code of the State of California.
9. Amendments — Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
City Manager.
10. Termination — Consultant may terminate this Agreement only for breach of
contract by City and upon thirty (30) days written notice. City may terminate this
Agreement without cause, and upon thirty (30) days written notice to Consultant,
in which case Consultant shall be entitled to receive compensation for the
reasonable value of the Consultant's services performed through the termination
date. Furthermore, if, during the term of this Agreement, City determines that
Consultant is not faithfully abiding by any term or condition contained herein, City
shall provide Consultant with written notice and said notice must give Consultant
a 48 -hour notice of time thereafter in which to perform said work or cure the
deficiency. If Consultant has not performed the work or cured the deficiency
within the time specified in the notice, or if a similar failure to perform or
deficiency is repeated, such shall constitute a breach of this Agreement and City
may terminate this Agreement, immediately by written notice to Consultant to
said effect. In said event, Consultant shall be entitled to the reasonable value of
its services performed up to the day it received City Notice of Termination, minus
any offset from such payment representing the City damages from such breach.
Failure of the Consultant to provide City staff reports, documents, and other
material which meets or exceeds reasonable professional standards, or in a
timely manner, shall entitle City to offset against any amounts owed costs
incurred by City to replace or obtain such materials or services which meet or
exceed reasonable professional standards in a timely manner from other
sources.
City reserves the right to delay any post- termination payment until completion or
confirmed abandonment of the project, as may be determined in the City's sole
► 00;99
City Transit Evaluation
Page 5
discretion, so as to permit a full and complete accounting of costs. In no event
shall Consultant be entitled to receive in excess of the compensation quote in its
proposal.
11. Ownership of Reports and Data — The originals of all studies, reports, exhibits,
documents, data and /or other work material(s) prepared and /or used to comply
with any section /condition of the Request for Proposal, including any copies of
same required by the Agreement to be furnished to the City, shall be public
records, which shall be open to inspection by the public and shall become and
remain the property of the City.
12. Assign ment/Successors — Consultant shall not assign this Agreement, or any of
the rights, duties or obligations hereunder. It is understood and acknowledged
by the parties that the Consultant is uniquely qualified to perform the services
provided for in this Agreement.
13. Attorneys' Fees — If any action at law or suit in equity, including an action for
declaratory relief, is brought to enforce or interpret any provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees,
court costs, and necessary disbursements, in addition to any other relief to which
it may be entitled.
14. Complete Agreement — This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement
between the parties hereto. No oral 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, understanding, or representation be
binding on the parties hereto.
In the event of conflict between the terms, conditions, or provisions of this
Agreement and any such document or instrument, the City shall be the sole
person to decide which document or provision shall govern.
15. Non - Discrimination — In the performance of the terms of this Agreement, the
Consultant agrees that it will not engage in, nor permit such subcontractors as it
may employ to engage in, discrimination in employment of persons because of
age, race, color, sex, national origin or ancestry, or religion of such person(s).
16. Venue — This Agreement is made, entered into, and executed in Moorpark,
Ventura County, California, and any action filed in any court of law for arbitration
of the interpretation, enforcement and /or otherwise of the terms, covenants and
1)003OV
City Transit Evaluation
Page 6
conditions referred to herein shall be filed in the applicable court in Ventura
County, California.
17. Non - Exclusive Agreement — The City reserves the right to contract with other
firms during the Agreement term or to issue multiple agreements for individual
aspects of the project as may be deemed in the best interests of the City.
18. Public Domain — All products used or developed in the execution of this
Agreement will remain in the public domain at the completion of the Agreement.
19. Audit - City shall have the option of inspecting and /or auditing all records and
other written materials used by Consultant in preparing its statements to City as a
condition precedent to any payment to Consultant.
20. Interpretation of Agreement — Should interpretation of this Agreement, or any
portion thereof be necessary, it is deemed that this Agreement was prepared by
the parties jointly and equally, and shall not be interpreted against either party on
the grounds that the party prepared the Agreement or caused it to be prepared.
21. Waiver of Agreement — 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.
22. Captions and Headings — The captions and headings of the various Articles and
Paragraphs of this Agreement are for the convenience and identification only and
shall not be deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
23. Notice — Any notice to be given hereunder by either party to the other shall be
effected either by personal delivery in writing or by certified mail, postage
prepaid, return receipt requested. Mailed notices shall be addressed to the City
as follows:
Steven Kueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
)0030:-
City Transit Evaluation
Page 7
Mailed notices shall be addressed to the Consultant as follows:
Moore & Associates, Inc.
28159 Avenue Stanford, Suite 110
Valencia, CA 91355
Attn: Allison Moore
Each party may change the address by written notice in accordance with this
section. Notices delivered personally will be deemed served as of actual receipt,
mailed notices will be deemed served as of the second (2nd) day after mailing.
24. Authority to Execute Agreement — Both City and Consultant do covenant that
each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute agreements for such party.
25. City's Agent — The Moorpark City Manager, or his designee, shall have the right
to review, coordinate, and approve all work to be performed by the Consultant
pursuant to this Agreement, and shall be the City's agent in this matter.
26. Conflicts of Interest — The Consultant shall disclose any financial, business or
other relationship with the City that may have an impact upon the outcome of the
Agreement.
'p00302
City Transit Evaluation
Page 8
CITY OF MOORPARK
ATTEST
Consultant
WITNESS the execution of this Agreement.
Steven Kueny, City Manager
Date:
Deborah S. Traffenstedt, City Clerk
Allison Moore, Director of Administrative Services
Date:
I
'00303
City Transit Evaluation
Page 9
ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1;000,400 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal
autos in any way on this project, Consultant shall provide evidence of personal auto
liability for each such person.
Workers' Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
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 of $1,000,000
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
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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.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
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4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
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, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so
paid by the City shall be charged to and promptly paid by Consultant or deducted
from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the 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 the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
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section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the Work will be submitted to the City for
review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self- insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant 90
days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non - compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
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insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It
is not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for
payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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