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HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 10J ITEM 10.J. Cm,OF MOORPARK,CALIFORM?. MOORPARK CITY COUNCIL City C°uncalMeeting AGENDA REPORTof 4-A,—,20/174 BY: TO: Honorable City Council FROM: Sean Corrigan, City Engineer/Public Works Director /v / • 7 Prepared by: Shaun Kroes, Program Manager DATE: June 2, 2017 (CC Meeting of 06/21/17) SUBJECT: Consider Agreement with Beacon Integrated Professional Resources, Inc., dba Hamner, Jewell and Associates for Real Property Services BACKGROUND AND DISCUSSION The City has used Hamner, Jewell and Associates (Hamner) for real property services for several years. The City currently has an Agreement with Hamner for real property services associated with widening Los Angeles Avenue (between Spring Road and Moorpark Avenue). Staff would like to establish a separate, two-year Agreement(Attachment 1)with Hamner for a total not-to-exceed amount of $50,000 for real property services. The blanket agreement would enable City staff to assign individual tasks to Hamner on an as- needed basis. The City currently has a need for real property services for the Spring Road Widening project (CIP C0022). Specifically, the City needs to extend temporary construction easements (TCA)with four property owners along Spring Road as well as establish a new TCE with a fifth property owner. Hamner's proposal is included in this staff report as Attachment 2. FISCAL IMPACT The proposed Agreement will have a total not-to-exceed amount of$50,000. In order for the City to assign Tasks to the proposed Agreement, sufficient funds will need to be provided at the time that a Task is assigned. Hamner's not-to-exceed amount for TCE's associated with CIP C0022 is $11,725 and will come from 2014.311.00022.55300, which will have sufficient funds after a budget line item adjustment is performed. The remaining balance of the Agreement after assignment of the Task Order for Spring Road TCE extension will be $38,275. 136 Honorable City Council June 21, 2017 Page 2 STAFF RECOMMENDATION Authorize the City Manager to sign the Agreement with Hamner in an amount not-to- exceed $50,000 for a two-year term expiring June 30, 2019, subject to final language approval by the City Manager. Attachment 1: Agreement Attachment 2: Spring Road Widening TCE Extensions Proposal 137 Attachment 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND BEACON INTEGRATED PROFESSIONAL RESOURCES, INC., dba HAMNER, JEWELL AND ASSOCIATES FOR REAL PROPERTY SERVICES THIS AGREEMENT, made and effective as of this day of 2017, between the City of Moorpark, a municipal corporation ("City") and Beacon Integrated Professional Resources, Inc., a California corporation, dba Hamner, Jewell and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for right-of-way acquisition services as described in Exhibit C, attached hereto; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and 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 June 30, 2019, 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 right-of-way acquisition services, 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. 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 fifty thousand dollars ($50,000.00) as stated in Exhibit E, 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. 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. 138 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 Heather Johnson, 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 E, based upon actual time spent on the above tasks. This amount shall not exceed fifty-thousand dollars ($50,000.00) 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 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 13 9 Page 2 of 19 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 ten (10) 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 Liquidated damages shall not be applicable for this Agreement. 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 Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 0 Page 3 of 19 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 three (3) 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, 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 Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 141 Page 4of19 according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 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 Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 2 Page 5 of 19 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. 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 Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 3 Page 6of19 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: Lillian D. Jewell, President Hamner, Jewell and Associates 330 James Way, Suite 150 Pismo Beach, California 93449 Heather Johnson Hamner, Jewell and Associates 4476 Market Street, Suite 601 Ventura, California 93003 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 4 Page 7 of 19 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 may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 5 Page 8 of 19 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 6 Page 9 of 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK BEACON INTEGRATED PROFESSIONAL SERVICES, INC., dba HAMNER, JEWELL AND ASSOCIATES Steven Kueny, City Manager Lillian D. Jewell, President Attest: Maureen Benson, City Clerk Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 7 Page 10 of 19 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 8 Page 11 of 19 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 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 $2,000,000 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 14 9 Page 12 of 19 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 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 Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 15 0 Page 13of19 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. 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 151 Page 14 of 19 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. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 15 2 Page 15 of 19 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? X Yes ❑ No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 2. Dollar amount of Subcontract: $ 3. Does the total contract amount represent compensation for multiple documents or written reports? ❑ Yes LI No I have read the foregoing Code section and will comply with Government Code §7550. Beacon Integrated Professional Resources, Inc., dba Hamner, Jewell and Associates Signature, Title Date Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 153 Page 16 of 19 Exhibit C SCOPE OF SERVICES A. General Scope of Work: Consultant will provide governmental real estate services, including, property investigations and obtaining preliminary title reports; initial contacts with property owners regarding willingness to sell; preparation and processing of easements, right-of-way and sale agreements; obtaining real property appraisals; relocation services; and property disposition. Services will be provided by Consultant on projects as authorized and directed by the City under a duly executed and approved Task Order. Consultant will, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed on any specific project until the City has issued a written Notice to Proceed to Consultant for that particular project. B. Individual Project Task Orders: Upon request by the City, Consultant will submit for City review an individual project proposal including a description of the work to be performed and a combined not-to-exceed amount. City shall assign a Task Order Number to the project proposal along with a Task Order Form (Exhibit D) for signature of both Consultant and City. Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 15 4 Page 17 of 19 Exhibit D SAMPLE TASK ORDER REAL PROPERTY SERVICES Reference Agreement No.: Task Order No.: Consultant: Hamner, Jewell & Associates Date of Original Agreement: Not-to-Exceed Amount of Original Agreement: $ Value of Prior Task Orders Assigned to Original Agreement: $ Amended Not-to-Exceeded Amount (if applicable): $ Remaining Agreement Amount: $ Not-to-Exceed Amount of This Task Order: $ Balance Remaining: $ Date of This Task Order: Purchase Order Number: Project Title: Consultant shall perform scope of services as detailed in Attachment_to this Task Order No. for the total not-to-exceed amount as detailed in the attachment. All other provisions of the above mentioned Agreement shall remain in full force and effect. CITY OF MOORPARK BEACON INTEGRATED PROFESSIONAL SERVICES, INC., DBA HAMNER, JEWELL AND ASSOCIATES Steven Kueny, City Manager Lillian D. Jewell, President Date: Date: Professional Services Agreement between City of Moorpark and Hamner, Jewell and Associates 155 Page 18 of 19 Exhibit E HAMNER JEWELL ON-CALL CONTRACTS (ANNUAL) ASSOCIATES HAMNER, JEWELL & ASSOCIATES TIME AND MATERIALS FEE SCHEDULE Managing Senior Associate $225 an hour Legal Support* $225 an hour* Senior Associate 11/Project Manager $160 an hour Senior Right of Way Associate I $130 an hour Right of Way/Relocation Associates II $110 an hour Right of Way/Relocation Associates I $ 95 an hour Project Coordinator/Quality Control $ 95 an hour Transaction and Escrow Coordinators $ 77 an hour Assistants/Clerical Support $ 40 an hour Appraisers Lump Sum Fee per Appraisal Assignment At all times, by pre-directive, our clients may structure and direct our efforts and general time expenditures so as to maintain control of the course and cost of our services. We bill only for time and costs actually expended. These rates are inclusive of general office expenses, overhead, and profit. Reimbursable costs that may be passed through to the client as additional expenses include travel expenses (based upon the standard IRS mileage reimbursement rate for automobile travel, or actual expenses for rail or air travel), special handling fees such as certified, express mail, and delivery charges, postage, photography and third party photocopy expenses, certain project/client-specific telephone expenses, and other charges made by third parties in connection with performing the scope of services. Such third party expenses may include, but are not limited to, such costs as moving bid fees, title and escrow company charges, and appraisal fees. Fees charged by insurance companies for issuing insurance certificates for client per contract requirements will also be billed through to client for reimbursement. Per diem charges may apply in cases where the project area is more than two hours auto commuting time away from a Hamner,Jewell &Associates ("HJA") office location. All reimbursable and third party expenses will be billed to the client at cost plus 10%, with appropriate invoices or other appropriate documentation provided for reference, unless mark-up is contractually restricted. Mileage and travel costs will be passed through without mark-up. Statements for work shall be rendered monthly. Payments are due within 30 days. Payments not received within said period will accrue interest at a rate of 10% per annum. If HJA is called upon or compelled to provide support for litigation or other proceedings, or respond to subpoenas in any way whatsoever related to the work HJA has completed on client's behalf, client shall pay HJA for required time in accordance with the hourly rates and fees specified in this Fee Schedule, except, however, any time for court testimony and depositions shall be paid at a rate of$350/hour for HJA Senior Associates, $225/hour for HJA Associates, and $150/hour for HJA support staff. HJA shall additionally be reimbursed for all out-of-pocket and overhead expenses in connection with such proceedings. This provision shall survive the term of the contract and shall be binding without restriction of otherwise stated contract budget limitations. Rates may be adjusted annually with thirty days advance written notice. *At the request of several of our clients,this billing rate category has been added specifically in relation to the qualifications and services of Robert McDowell and Cathy Springford who, as licensed attorneys, can provide cost effective support and coordination with client legal counselors. Hamner,Jewell&Associates does not,however,provide legal representation or counsel;we work closely with the legal counsel of our clients to cost effectively assist in resolving any legal matters associated with services we provide. 156 HAMNER, JEWELL & ASSOCIATES Attachment 2 • HHAMNER, JEWELL & ASSOCIATES Government Real Estate Services _ JEWELL Right of Way Acquisition—Relocation Assistance—Real Property Consulting ASSOCIATES Ventura,entura Government Real Estate Services Offices , San Luis Obispo and Fresno Counties A Division Of Beacon Integrated Professional Resources,Inc Writer's Telephone Number: (805)658-8844 Writer's email address:hjohnson(&.hamner-jewell.com April 4,2017 via email to:SCorrigan@illoorparkCA.gov Sean Corrigan,P.E. City Engineer/Public Works Director City of Moorpark 799 Moorpark Road Moorpark,CA 93021 Subject: City of Moorpark—Spring Road Widening—TCE Extensions Proposal Dear Sean, Thank you for seeking our assistance on the Spring Road Widening project. As you know, back in 2004 and 2005, we worked with four property owners to help the City of Moorpark'("City") obtain right of way and temporary construction easements needed for the road widening project. The construction of this project was delayed for several years and the temporary construction easements subsequently expired on December 31, 2008,prior to being used for the project. Now the City would like to move forward with project construction and would like our help to work with the four property owners to obtain extensions in the term of the temporary construction easements ("TCE"). You have also indicated that on the McDonalds and Park Springs Condos properties, some additional TCE space will be necessary. Following is a list of the four subject properties: • APN: 512-0-180-080(McDonalds Corporation) • APN: 512-0-190-XXX(Park Springs Condos) • APN: 512-0-150-205 (Woodcreek Apartments LLC) • APN: 512-0-172-075 (Scribner/Hotchkiss) To assist the City with this effort, we would propose to contact each owner and ask for their cooperation in granting a TCE extension without any additional payments to them since the original TCE's were never utilized. We would then prepare a draft Agreement to Extend Temporary Construction Easement for the City's approval. After this document is approved by the City, we would customize it for each owner and provide it to them for review and approval. We would also prepare a Memorandum of Agreement—Temporary Construction Easement. This would be a recordable document for the City's signature that would provide constructive notice of the TCE extension. Again we would seek the TCE extensions at no cost to the City. Corporate and San Luis Obispo County Office 530 Paulding Circle,Suite A,Arroyo Grande,CA 93420 (805)773-1459 Ventura County Office 4476 Market Street,Suite 601, Ventura,CA 93003 (805)658-8844 Central Valley Office 6051 N.Fresno Street,Suite 106,Fresno,CA 93710 (559)412-8710 157 Sean Corrigan,P.E. Proposal—Spring Road Widening—TCE Extensions April 4,2017 Page 2 of 4 However in the event any of the owners request payment, we would suggest that the City consider offering compensation based upon the per square foot valuations from the original appraisals. For the two properties,that require additional TCE space, we can document the extra space needed in the Agreements to Extend TCE's. We would however need the City to provide us with simple exhibits for these two properties that show the additional space needed so that we can attach the exhibits to the Agreements to Extend TCE. The City is additionally seeking our assistance in obtaining a new TCE on the following subject property: • APN: 512-0-180-110 (Allee Real Estate LLC) As you know, we did not previously work with this owner. We understand that the City worked directly with this owner to obtain the necessary right of way for the project through dedication. However a TCE was not obtained at that time and is now needed. To assist with this effort, we would recommend obtaining a preliminary title report on this property. The title report will help us prepare the TCE deed for the proper vested owner's signature. It will also provide us with information about the existing driveway easements/reciprocal access agreements. After the title report is obtained, we would contact the owner to discuss the project and the TCE request. We would seek to obtain the needed TCE without the need for an appraisal or payment to the owner. However since we have had no contact with this owner as of writing this proposal, we do not know for certain if they would be willing to grant a TCE without compensation. If we are able to confirm that the owners are willing to donate the needed TCE, we will prepare TCE deed and agreement for City pre- approval. Upon City approval, we would offer to meet with the property owner to finalize the TCE documents. We will need the City to provide us with a legal description with plat map for the TCE Deed. We have based this proposal on the assumption that this owner will donate the needed TCE, however if they demand compensation for the TCE, we will need to add the cost of obtaining an appraisal to the budget at a later date. For budgetary purposes, we propose that we base a budget on the allocation of 80 hours of Hamner, Jewell& Associates staff time at our attached Fee Schedule rates, plus the costs of one title report and reimbursable expenses (mileage,postage, etc)as follows: ➢ One Preliminary Title Report: $ 825 ➢ Owner Outreach and TCE Extension Processing: $10,400 > Reimbursable Costs(Mileage, Postage, etc.) : $ 500 TOTAL $11,725 Again appraisals are not included in this budget. If we end up needing to come back to the proposed budget to add the cost of obtaining any necessary appraisals, we will at that point obtain bids from appraisers and provide you with the recommended additional budget. We will bill only for time actually expended and will work closely with you to assure that our efforts are directed towards the areas deemed appropriate per your general direction and if less time is required, our fee will be less. Complexities that arise that require additional time will prompt the need for additional budget. This time allotment assumes prompt responsiveness and 158 Sean Corrigan,P.E. Proposal—Spring Road Widening—TCE Extensions April 4,2017 Page 3 of 4 cooperation from the property owners and does not allocate time for any extensive follow up or unresponsive cases if there are any. Please let me know if you have any questions or will require anything further in order to retain us to assist you with these efforts. You can reach me by phone 4t (805) 658-8844 or by email at hjohnson@hamner-jewell.com. Thank you for calling on us to assist you with this project. We look forward to the opportunity to work with and assist you and the City with this project! Sincerely, cW Heather Johnson Enc: Time and Material Fee Schedule—On-Call Contract(Annual) 159 Sean Corrigan,P.E. Proposal—Spring Road Widening—TCE Extensions April 4,2017 Page 4 of 4 HAMNER, JEWELL & ASSOCIATES TIME AND MATERIALS FEE SCHEDULE Managing Senior Associate $225 an hour Legal Support* $225 an hour* Senior Associate II/Project Manager $160 an hour Senior Right of Way Associate I $130 an hour Right of Way/Relocation Associates II $110 an hour Right of Way/Relocation Associates I $ 95 an hour Project Coordinator/Quality Control $ 95 an hour Transaction and Escrow Coordinators $ 77 an hour Assistants/Clerical Support $ 40 an hour Appraisers Lump Sum Fee per Appraisal Assignment At all times, by pre-directive, our clients may structure and direct our efforts and general time expenditures so as to maintain control of the course and cost of our services. We bill only for time and costs actually expended. These rates are inclusive of general office expenses, overhead, and profit. Reimbursable costs that may be passed through to the client as additional expenses include travel expenses (based upon the standard IRS mileage reimbursement rate for automobile travel, or actual expenses for rail or air travel), special handling fees such as certified, express mail, and delivery charges, postage, photography and third party photocopy expenses, certain project/client-specific telephone expenses, and other charges made by third parties in connection with performing the scope of services. Such third party expenses may include, but are not limited to, such costs as moving bid fees, title and escrow company charges, and appraisal fees. Fees charged by insurance companies for issuing insurance certificates for client per contract requirements will also be billed through to client for reimbursement. Per diem charges may apply in cases where the project area is more than two hours auto commuting time away from a Hamner,Jewell&Associates ("HJA") office location. All reimbursable and third party expenses will be billed to the client at cost plus 10%, with appropriate invoices or other appropriate documentation provided for reference, unless mark-up is contractually restricted. Mileage and travel costs will be passed through without mark-up. Statements for work shall be rendered monthly. Payments are due within 30 days. Payments not received within said period will accrue interest at a rate of 10% per annum. If HJA is called upon or compelled to provide support for litigation or other proceedings, or respond to subpoenas in any way whatsoever related to the work HJA has completed on client's behalf, client shall pay HJA for required time in accordance with the hourly rates and fees specified in this Fee Schedule, except, however, any time for court testimony and depositions shall be paid at a rate of$350/hour for HJA Senior Associates, $225/hour for HJA Associates, and $150/hour for HJA support staff. HJA shall additionally be reimbursed for all out-of-pocket and overhead expenses in connection with such proceedings. This provision shall survive the term of the contract and shall be binding without restriction of otherwise stated contract budget limitations. Rates may be adjusted annually with thirty days advance written notice. *At the request of several of our clients,this billing rate category has been added specifically in relation to the qualifications and services of Robert McDowell and Cathy Springford who, as licensed attorneys, can provide cost effective support and coordination with client legal counselors. Hamner,Jewell&Associates does not,however,provide legal representation or counsel;we work closely with the legal counsel of our clients to cost effectively assist in resolving any legal matters associated with services we provide. 160