HomeMy WebLinkAboutAGENDA REPORT 2017 0405 CCSA REG ITEM 09B ITEM 9.B.
CITY of MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCILof
AGENDA REPORT �C�I®Iv: ®�-►��
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TO: Honorable City Council EY: 14
FROM: Jeremy Laurentowski, Parks and Recreation Director jV.
BY: Chris Ball, Management Analyst c6
DATE: March 20, 2017 (CC Meeting of 415117)
SUBJECT: Consider Agreement with Oakridge Geoscience for Geological
Testing and Evaluation of Proposed Library Site •
BACKGROUND AND DISCUSSION
On December 7, 2016 the City Council authorized staff to move forward with the design
and construction of a new public library, and selected a location on City property south
of the existing library on the north side of High Street for the project (Attachment 1).
The location was chosen because it offers a number of advantages in terms of both
public benefit and project implementation. The High Street location supports the overall
downtown civic center concept, providing adequate room on the north side of the
property for the development of the envisioned Civic Center, with a City Hall building
and other civic facilities, to be built at a later date. The downtown location is also in
close proximity to a large percentage of the patrons that utilize the library, and is within
walking distance of several neighborhood schools. During construction there would be
no need to temporarily relocate the existing library, so services to patrons would remain
virtually uninterrupted. The location is also within close proximity to the existing library,
which will ease the transition to the new site for both the public and staff when
construction is complete.
However, recently it has come to staff's attention that unfavorable subsurface soil
conditions may exist at the proposed library site. A recent geotechnical study for the
Area Housing Authority's (AHA) Everett Street Apartment project, located approximately
700 feet northeast of the proposed library site, identified the presence of granular soil
conditions that present a significant risk of liquefaction during an earthquake event. As
a result, subsurface improvements to a depth of thirty feet were recommended for the
AHA project, resulting in significant cost implications.
Due to the relatively close proximity of the AHA project to the proposed new library site,
staff feels that an initial geological study of the library site should be conducted to
properly evaluate the soil conditions and determine what impact, if any, they may have
on the construction of the library at that location. Following a geological evaluation, a
4
Honorable City Council
April 5, 2017
Page 2
structural engineer will need to be consulted to evaluate any potential impacts to the
constructability and cost of the project.
Oakridge Geoscience, Inc. has submitted a proposal for geotechnical services to
evaluate the library site. The proposal includes field exploration of the site and
laboratory testing to evaluate the subsurface geological conditions, as well as the
preparation of preliminary geotechnical design recommendations. The geological
testing will be limited to the area of the proposed library. Based on the final project
design, additional minor geological testing may be required at a later date to evaluate
neighboring flatwork design, such as roads and parking lots.
Oakridge Geoscience, Inc. has provided geotechnical services for the City in the past,
and is currently working on the Arroyo Vista Community Park Recreational Trail project.
Staff feels they are well qualified for this work and is recommending them for this
project.
FISCAL IMPACT
Oakridge Geoscience, Inc.'s proposal includes $10,760 for data review, field exploration
and testing, and $5,660 for evaluation and reporting, for a total cost of$16,420. With an
added contingency of $3,284, the total contract value is $19,704. There are sufficient
funds allocated for these services in the Civic Center Project Account (C0012). The
overall cost to construct the new library building is estimated to be $11 million dollars.
However, unfavorable subsurface soil conditions could increase the project costs
significantly. Staff will return to City Council with updated information after the
geological testing is completed and the findings are evaluated.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Approve Agreement with Oakridge Geoscience, Inc. for geological testing and
evaluation of proposed library site, and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager.
Attachments:
1. Proposed library location.
2. Agreement—Oakridge Geoscience, Inc.
•
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Attachment 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND OAKRIDGE GEOSCIENCE, INC.
FOR GEOTECHNICAL SERVICES
THIS AGREEMENT, made and effective as of this day of
, 2017, between the City of Moorpark, a municipal corporation
("City") and Oakridge Geoscience, Inc., a California corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for geotechnical services to evaluate the site of
the proposed Moorpark Library project; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated March 13, 2017,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide geotechnical services to evaluate the site of the
proposed Moorpark Library project, as set forth in Exhibit C. In the event there is a
conflict between the provisions of Exhibit C and this Agreement, the language contained
in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of sixteen thousand four hundred twenty dollars ($16,420.00) as stated in Exhibit
C, plus a contingency of three thousand two hundred eighty four dollars ($3,284.00), for
a total contract value of nineteen thousand seven hundred four dollars ($19,704.00),
without a written Amendment to the Agreement executed by both parties. Payment by
City to Consultant shall be in accordance with the provisions of this Agreement.
7
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Lori Prentice, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed sixteen thousand
four hundred twenty dollars ($16,420.00) as stated in Exhibit C, plus a contingency of
three thousand two hundred eighty four dollars ($3,284.00), for a total contract value of
nineteen thousand seven hundred four dollars ($19,704.00), for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
8
Oakridge Geoscience, Inc. Page 2 of 16
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have five (5) days after service upon it of said notice in which to cure .
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty five dollars ($125.00) per day for each calendar day the work, or portion
9
Oakridge Geoscience, Inc. Page 3 of 16
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, 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,
Oakridge Geoscience, Inc. Page 4 of 16 10
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels' 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 agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of Cityto monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
Oakridge Geoscience, Inc. Page 5 of 16 11
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
Oakridge Geoscience, Inc. Page 6 of 16 12
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE -
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Lori Prentice, President
Oakridge Geoscience, Inc.
1098 Deseo Avenue
Camarillo, California, 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
Oakridge Geoscience, Inc. Page 7 of 16 13
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant maybe decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
Oakridge Geoscience, Inc. Page 8 of 16 14
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
Oakridge Geoscience, Inc. Page 9 of 16 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK OAKRIDGE GEOSCIENCE, INC,
Steven Kueny, City Manager Lori Prentice, President
Attest:
Maureen Benson, City Clerk
Oakridge Geoscience, Inc. Page 10 of 16 16
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000.00 per occurrence for all covered losses and no less than
$2,000,000.00 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 $1,000,000.00 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.
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.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
Oakridge Geoscience, Inc. Page 11 of 16 17
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
Oakridge Geoscience, Inc. Page 12 of 16 18
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided; the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Oakridge Geoscience, Inc. Page 13 of 16 19
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Oakridge Geoscience, Inc. Page 14 of 16 2 0
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 agreesto 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.
Oakridge Geoscience, Inc. Page 15 of 16 21
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Q Yes ❑ No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 16,420.00
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? Q Yes 0 No
I have read the foregoing Code section and will comply with Government Code §7550.
Oakridge Geoscience, Inc.
Lori Prentice, President Date
Oakridge Geoscience, Inc. Page 16 of 16 2 2
Exhibit C
PO Box 2540, Camarillo, California 93011
www.Oakridgepeo.com
805-368-7765
March 13, 2017
Proposal No. 0G10096
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: Mr. Chris Ball
Subject: Proposal for Geotechnical Services, Proposed Moorpark Library, Moorpark,
California
Dear Mr. Ball:
Oakridge Geoscience, Inc. (OGI) is pleased to provide this proposal for the proposed
library project in Moorpark, California. The City has requested this proposal to evaluate
geotechnical conditions and provide preliminary geotechnical design recommendations for the
proposed library site located near High Street and Moorpark Avenue. This proposal presents
our understanding of the project, our approach, proposed scope of work, and fee estimate.
PROPOSED PROJECT, BACKGROUND AND APPROACH
The City of Moorpark (City) is planning to build a new 18,000-square-foot library
building north of High Street and west of Moorpark Avenue as depicted on Plate 1. As
described in the staff report dated November 30, 2016, the proposed library will consist of a
one story building anticipated to be of standard wood frame construction.
A recent geotechnical study for a nearby private development on the Everett Street
(Area Housing Authority, AHA) site recommended ground improvement to reduce potential
foundation settlement associated with liquefaction and dry seismic settlement from
earthquake ground shaking. City staff have requested OGI perform a preliminary
geotechnical evaluation of the proposed library site to address concerns associated with
foundation support; specifically, the City is concerned the subsurface conditions at the
proposed library site may require subsurface ground improvement similar to the AHA site.
The geotechnical study for the AHA site encountered zones of medium dense granular
soils ranging from less than 1-foot to about 18-feet thick between depths of 15 to 75 feet. The
report indicated those soils could liquefy in response to the design earthquake event with
settlements ranging from about 2 to 6 inches. On that basis, they recommended ground
improvement to a depth of 30 feet to reduce total settlement to less than 2 inches and
differential settlement to less than 1 inch. The report indicated the structure could be
supported on shallow spread footings following the recommended ground improvement.
Alternatively, if the ground improvement could not reduce the total settlement to less than 2
inches the structure could be supported on a mat foundation. The report indicated the "most
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March 13,2017
Proposal No.OG10096 OAKRIDGE GEOSCIENCE, INC.
feasible ground improvement techniques could consist of a mixture of soil mixing, stone
columns, aggregate piers or earthquake drains." The final design of ground improvement was
to be performed by a specialized ground improvement contractor.
As a follow-up to our initial review of the AHA geotechnical report, we spoke briefly
with the City's Geotechnical review consultant (RJR Engineering). Mr. Rob Anderson with
RJR Engineering indicated seismic-related settlement issues have been reported at other
locations within the City the Moorpark in addition to the AHA site. Sites closer to the Arroyo
Simi drainage channel along the southern portion of the City seem to have a higher amount of
seismic settlement. The estimated seismic settlement in other areas in the City is variable.
The subsurface conditions at the proposed library site are anticipated to consist of
interbedded fine grained (silt and clay) and granular soils similar to the conditions at the AHA
site. Groundwater is anticipated to be at a depth of about 30 to 40 feet. Historic high
groundwater levels are reported to be within 15 feet of the ground surface based on data
published by the California Geologic Survey.
Based on the available information, we propose to explore the proposed library site
using a combination of cone penetration tests (CPT) and a drill hole to provide data to
evaluate the subsurface stratigraphy, evaluate seismic-related hazards, and provide
preliminary foundation recommendations. The geotechnical report will be preliminary in that
the City has not hired an Architect or Engineer to design the proposed structure. It is
anticipated the report can be finalized once the Architect/engineer for the site has been
selected and provided input for the final design parameters. We would be glad to discuss our
approach with you further if you have any questions.
PROPOSED WORK SCOPE
Based on our understanding of the project, we propose the following scope of work
consisting of a kickoff meeting, field exploration, laboratory testing, and geotechnical
evaluation and reporting.
Task 1 -Kickoff Meeting, Data Review, and Permitting
We will meet with City staff to discuss the project approach, schedule, and site
conditions. We will review readily available published data and any additional existing
geotechnical reports the City may have for nearby sites in addition to the AHA site.
We will apply for an encroachment permit from the City for the onsite exploration work.
We have assumed the City will provide a no-fee encroachment permit and that no other
permits or rights-of-entry will be required.
Prior to field exploration, OGI will perform a site reconnaissance to locate and mark
the exploration locations for coordination with Underground Service Alert. OGI will not be
responsible for mislocated or unlocated utilities.
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March 13,2017
Proposal No_oo|ooys OAKRIDGE GEOSCIENCE. INC.
Task 2— Field Exploration
We propose to advance 3 CPTs to depths of 75 feet or refusal and one hollow-stem-
auger drill hole to a depth of about 50 feet or refusal near the locations shown on Figure 1 to
evaluate the subsurface geologic conditions. The CPT collects nearly continuous data (every
2 centimeters) and allows for cost-effective and efficient evaluation of seismic-related
hazards. A drill hole is required in addition to the CPTs to collect samples for laboratory
testing and evaluate liquefaction consistent with the guidelines published by California
Division of Mines and Geology (now California Geologic Survey, Special Publication 117A).
The number of explorations (four) was selected to provide one exploration per every 5,000
square foot of habitable structure consistent with the exploration guidelines in CGS Note 48.
The drill hole will be sampled at about 2.5-foot intervals to about 15 feet and at about
5-foot intervals to total depth using a combination of driven California and SPT samplers. In
addibon, bulk samples will be collected from the near surface materials. Our field geologist
will log the recovered samples in general accordance with ASTM O2488 for visual soil
classification. Groundwater depth encountered during drilling will be measured and recorded
on the drilling log.
Following completion of each of the explorations, the CPTs will be backfilled with
bentonite chips and the drill hole will be backfilled with the drill cuttings mixed with cement to
create soil-cement and tamped. Any excess cuttings will be spread in earthen areas onsite.
We have made no provision for environmental testing for transportation purposes and hauling
of cuttings offsite.
We anticipate one field day (8 hrs/day)for both the CPTs and drill hole will be required
for the field exploration assuming normal daytime working hours.
Task 3—Geotechnical Laboratory Testing
We will perform geotechnical laboratory testing on selected earth materials sampled in
the drill holes to estimate engineering parameters of the encountered soil materials. The
laboratory testing program is expected to consist of moisturefdensity relationships, grainsize,
Atterberg limits (p|auticity), shear strength (direct shear or unconfined comnp,eaaion),
expansion index, and limited soil chemistry for corrosion (pH, neoioUvib/, sulfates, and
chlorides).
Task 4-Geotechnical Evaluation and Reporting
After completion of the field exp|onaUon, we will evaluate the findings and incorporate
them into the preliminary geotechnical design report. The report will include the CPT and drill
hole logs, laboratory test results, and preliminary geotechnical design criteria for the project.
3
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March 13,2017
Proposal No.0G10096 OAKRIDGE GEOSCIENCE, INC.
Factual data, including exploration logs and geotechnical laboratory data, will be
presented in a written report that will summarize:
• Summary of soil and groundwater conditions encountered;
• Evaluation of seismic-related hazards including fault rupture, liquefaction, dry
seismic settlement and lateral spreading;
• Potential need for ground improvement;
• Preliminary design parameters for soil bearing and estimated settlement, and
lateral earth pressures;
• Suitability of onsite soil for use as fill and select fill material;
• Anticipated excavation conditions; and
• Grading recommendations, consisting of clearing and grubbing, stockpiling topsoil
(if applicable), preparation of areas to receive fill, thickness of lifts.
We will submit one electronic draft copy (pdf) of the geotechnical report via email for
your review and comments. A pdf of the final report can be submitted within 10 days of
receiving your comments.
ASSUMPTIONS
The following assumptions were made in preparation of this proposal:
• The proposed scope of services does not include any environmental assessments or
evaluations for the presence or absence of mold and/or hazardous/toxic materials in
the soil, surface water, groundwater, or atmosphere beyond that identified above.
• Acceptance of a mutually-agreeable contract.
• The City of Moorpark will provide right-of-entry and encroachment permit for
explorations at no cost to OGI.
• OGI will not be responsible for damage to underground utilities that are not marked or
are improperly marked.
• Prevailing Wage applies.
• Invoices paid within 30 days of invoice date.
ESTIMATED FEE, SCHEDULE, AND STAFF
The following is a breakdown of estimated costs for the scope of work described
above. Actual fees will be invoiced on a time and expense basis in accordance with our
current fee schedule. We anticipate the proposed scope of services can be completed for
$16,420 and we will not exceed that amount without prior written authorization. The
estimated fee will be valid for a period of 90 days from the date of this proposal. The draft
geotechnical report can be provided 8 weeks after receiving encroachment permit.
4
26
March 13,2017
Proposal No.OG10096 OAKRIDGE GEOSCIENCE, INC.
Table 1. Fee Estimate
Estimated Direct Estimated
Description Hours Costs Fee
Task 1 —Kickoff Meeting,Data Review,and 8 -- $ 980
Permitting
Task 2-Field Exploration
Cone Penetration Tests-3 6 $3,375 7,435
Hollow-Stem Auger Drill Hole-1 (6 hours plus mob, 6 2,685
includes mob/demob and prevailing wage)
Task 3—Geotechnical Laboratory Testing — 2,345 2,345
Task 4-Geotechnical Evaluation and Reporting 48 — 5,660
Estimated Total: 68 $ 8,405 $16,420
Our project manager will be Ms. Lori Prentice. The proposed schedule assumes
favorable weather conditions and drilling contractor backlog of about a week.
CLOSURE
Thank you for the opportunity to provide this proposal to the City of Moorpark for the
new library project. Please contact us if you have any questions on our approach or scope.
Sincerely,
OAKRIDGE GEOSCIENCE, INC.
C� �,
Lori Prentice, CEG
President
Attachment: Figure 1
Copies Submitted: (1 via email)
5
27
City of Moorpark
Project No.0G10096 OAKRIDGE GEOSCIENCE, INC.
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PROPOSED LIBRARY SITE EXPLORATION LOCATIONS
Moorpark, California
PLATE 1
28