HomeMy WebLinkAboutAGENDA REPORT 2017 0726 CCSA SPC ITEM 06A ITE &A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL of 7-0?4-02oir
AGENDA REPORT ACTION::/42e:•vd
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TO: Honorable City Council _
FROM: Jessica Sandifer, Program Manager`
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DATE: July 21, 2017 (Special CC Meeting of 07/26/17)
SUBJECT: Consider Agreement with Oakridge Geoscience for Soils Testing at
Cityowned Properties and Resolution Amending Fiscal Year 2017-18
Budget
BACKGROUND AND DISCUSSION
In light of recent reports of unfavorable subsurface soil conditions existing in the
downtown area and on the City's own civic center site, staff has determined that
geological testing should be conducted on all City-owned properties to evaluate
potential for liquefaction and other seismic related hazards. Once completed the City
will be able assess the soil condition and the potential effect on the value of each
property and will also be able to provide the information to future developers, to fully
inform them of all site conditions.
Oakridge Geoscience, Inc. has submitted a proposal for geotechnical services to
evaluate all the affordable housing properties on Walnut Canyon Road, all City
properties on High Street, as well as 347 IVIoorpark Avenue and 500 Los Angeles
Avenue. The proposal includes field exploration of the sites and laboratory testing to
evaluate the subsurface geological conditions, as well as the preparation of preliminary
geotechnical design recommendations. While these reports will provide preliminary
recommendation, depending on the final project designs for each site, additional minor
geological testing may be required at a later date.
Oakridge Geoscience, Inc. has provided geotechnical services for the City in the past.
Staff feels they are well qualified for this work and is recommending them for this
project.
FISCAL IMPACT
Oakridge Geoscience, Inc.'s proposal is $55,780 for data review, field exploration and
testing, site evaluation and reporting. Staff is adding a contingency of $5,578 for a total
contract value $61,358. Funds have not been budgeted in the Fiscal Year 2017118
budget for this work. A budget amendment of $42,338.00 is being requested from the
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Honorable City Council
July 26, 2017
Page 2
Endowment Fund (2018) and $19,020 from the City Affordable Housing Fund (2123) to
complete this work.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the Agreement with Oakridge Geoscience, Inc. for soils testing at City-
owned properties, and authorize the City Manager to sign the Agreement subject to final
language approval of the City Manager, and
2. Adopt Resolution No. 2017- , amending the fiscal year 2017/18 budget to
fund the testing.
Attachments:
1. Agreement—Oakridge Geoscience, Inc.
2. Resolution No. 2017-
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ATTACHMENT 1
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 various City-
owned properties; 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 July 7, 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 City-owned property,
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 fifty-five thousand seven hundred eighty dollars ($55,780.00) as stated in
Exhibit C, plus a contingency of five thousand five hundred seventy-eight dollars
($5,578.00), for a total contract value of sixty-one thousand three hundred fifty-eight
dollars ($51,358.00), 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.
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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 fifty-five thousand
seven hundred eighty dollars ($55,780.00) as stated in Exhibit C, plus a contingency of
five thousand five hundred seventy-eight dollars ($5,578.00), for a total contract value of
sixty-one thousand three hundred fifty-eight dollars ($61,358.00) 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.
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.
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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 sewed 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 perforrrmance_ 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
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
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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 (1O) 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 casts, interest, defense costs, and expert witness fees),
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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 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.
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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 ail 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 orin 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
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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) andlor 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 subconsuitants 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.
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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. ENTI RE 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.
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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 air 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.
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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
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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
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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.
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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 tat 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
elfinsured 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
56
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
57
• 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.
Oakridge Geoscience, Inc. Page 15 of 16
58
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for r Pro_fessional 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?
E Yes D No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: S 61.358.00
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? ET 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
59
EXHIBIT C
*/)
PC Box 2540,Camarillo, California 93011
Oakridoogeo.com
805-368-7765
May 30, 2017 (Revision 2—July 7, 2017)
Proposal No. OG10104
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: Ms.Jessica Sandifer
Subject: Proposal for Preliminary Geotechnical/Geohazards Study, Multiple Sites in the
City of Moorpark, California
Dear Ms.Sandifer:
Oakridge Geoscience, Inc. (OGI) is pleased to provide this proposal to evaluate
subsurface geotechnical conditions and geohazard potential for four areas with the City of
Moorpark. The four areas are described as:
Area 1) Four lots located on High Street between Spring Road and the western side of
Moorpark Road,
Area 2) 347 Moorpark Avenue,
Area 3) Nine housing parcels on Walnut Canyon Road (Parcels 1063, 1073, 1083,
1095, 1113, 1123. 1293 [double lot]and 1331),and
Area 4) 500 Los Angeles Avenue(an optional site),
This proposal presents our understanding of the project, our approach, proposed
scope of work, and fee estimate.
PROPOSED PROJECT, BACKGROUND AND APPROACH
As discussed in a recent meeting with City of Moorpark staff, several recent and
ongoing geotechnical studies in the High Street area of Moorpark have identified the potential
for seismic-related geohazards including liquefaction, seismic dry settlement, and
hydroconsolidation (collapse) that could potentially require the need for ground improvement
prior to site development. On May 30, OGI prepared a proposal at the request of City staff to
perform a preliminary geotechnical study to evaluate the potential for geohazards including
liquefaction, seismic dry settlement, and hydroconsolidation (collapse) to occur at the Apricot
Lane Farms site west of Moorpark Road and the three parcels (referred to by the City as 450,
457, and Remainder High Street Site) between Spring Road and Moorpark Road. In a recent
email dated July 6, City staff requested the list of potential parcels to be evaluated be
expanded to include additional sites on Moorpark Avenue, Walnut Canyon Road, and Los
Angeles Avenue.
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May 30,2017(Revised July 7.2017)
Proposal No.0010104 OAKRIDGE GEOSCIENCE, INC.
The purpose of this study is to perform a screening-level evaluation of the potential for
seismic-related geohazards at the four areas Hated above, and if the potential exists, provide
a preliminary estimate of the amount of settlement that could result from the design-level
earthquake. In addition, the City has requested the study evaluate the potential for
stormwater infiltration on the eastern High Street Site (Remainder site) to cause
hydroconsolidation of the onsite soil which could impact proposed improvements to the
parking lot as well as future buildings on the existing parcel and adjacent parcels.
The previous and ongoing geotechnical studies in the downtown Moorpark area have
identified the potential for liquefaction to occur between depths of about 15 to 60 feet below
the ground surface. Based on the available information, we propose to explore the four areas
using a combination of cone penetration tests (CPTs) and drill holes to provide subsurface
data to evaluate the subsurface stratigraphy and evaluate potential seismic-related hazards.
The approach is similar to the exploration performed by OGI for the library site except the
level of effort for this study has been reduced to a screening-level study versus the design-
level study performed for the library site,
The findings and conclusions of the study will be summarized in a geotechnical report
that will include the field data, iinterpreted site conditions, evaluation of potential for seismic-
related geohazards, and potential foundation mitigations if appropriate for each of the Areas.
No foundation design criteria will be presented in the preliminary report. The approximate lot
sizes and proposed number of explorations for each area/lot are summarized Table 1. We
have included a minimum of one CPT and one drill hole per area. The CPTs provide nearly
continuous subsurface lithology data to evaluate liquefaction and seismic settlement potential,
and the drill holes are required per CGS Special Publication 117A (CGS. 2008) to sample the
earth materials and perform laboratory testing as part of the evaluation of liquefaction and
hydroconsolidation potential.
2
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May 30,2017(Revised July 7,2017)
Proposal No,0010104 OAKRIDGE GEOSCIENCE, INC.
Table 1. Summary of Proposed Explorations
Approx.Lot Approx. Number of Number of
Location Dimensions Area Proposed Proposed
(feet) (square feet) CPTs Drill Holes
Area 1 -High Street
Apricot Lane Farms 150 x 100 15,000 1 1
Lot 457 150 x 150 22,500 1 1
Lot 450 190 x 100 19,000 1 1
Remainder High Street Site 550 x 100 55,000 2 1
Area 2-Moorpark Avenue
347 Moorpark Avenue 120 x 150 18,000 1 1
Area 3-Walnut Canyon Road
Southern Block-Lots 108.3,1073, 1083, 50 x 175 3,754E 3
11095, 113,1123 per lot per lot
Northern Block—Lots 1293 double lot, 50 x 175 3,750
1331 2 i
per lot per
Area 4-Los Angeles Avenue-Optional
------ --500 Los Angeles Avenue 200 x 375 75,000 2 1
Total Explorations 13 8
PROPOSED WORK SCOPE
Based on our understanding of the City's goals, we propose the following scope of
work consisting of a kickoff meeting, field exploration, laboratory testing, and geotechnical
evaluation and reporting.
Task 1 -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 provided to us the City may have for nearby sites.
We will apply for an encroachment permit from the City for the onsite exploration work
if required. We have assumed the City will provide a no-fee encroachment permit and that no
other permits or rights-ofntry 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.
Task 2—Field Exploration
As summarized in Table 1, we propose to advance 13 CPTs to depths of 75 feet or
refusal, whichever is shallower, and eight hollow-stem-auger drill holes to 50 feet or refusal,
whichever is shallower, to evaluate the subsurface geologic conditions in the four areas
3
62
May 30,2Q17(Revised July 7,2017)
Propos&No.OG10104 OAKRIDGE GEOSCIENCE. INC.
(assuming Area 4 is included). The CPT collects nearly continuous data (2-centimeter
intervals) and allows for cost-effective and efficient evaluation of seismic-related hazards.
The drill holes are required in addition to the CPTs to collect samples for laboratory testing
and to 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 was selected to provide an overall screening-level characterization of site
conditions and subsurface soil variability.
The drill holes will be sampled at about 5-foot intervals to total depth using a
combination of driven California and SPT samplers. In addition, bulk samples will be
collected from the near surface materials. Our field geologist will log the recovered samples
in general accordance with ASTM D2488 for visual soil classification. Groundwater depths
encountered during drilling will be measured and recorded on the drilling logs.
Following completion of each of the explorations, the CPTs will be backfilled with
bentonite chips and the drill holes 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 two and a half field days(8 hrsiday)for the CPTs and four field days for
the drill holes will be required assuming normal daytime(7am to 5pm)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 moisture/density relationships, grainsize,
Atterberg limits (plasticity), shear strength (direct shear or unconfined compression), and
consolidation tests to evaluate hydroconsolidation potential.
Task 4-Geotechnical Evaluation and Reporting
After completion of the field exploration, we will evaluate the findings and incorporate
them into a preliminary geotechnical report that will include the CPT and drill hole logs,
laboratory test results, and preliminary geotechnical assessment of geohazards for the sites.
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 at the exploration sites;
• Evaluation of seismic-related hazards including fault rupture, liquefaction, dry
seismic settlement and lateral spreading;
• General evaluation of hydroconsolidation (collapse) potential at all four areas and
site-specific hydroconsolidation potential from stormwater infiltration at the
Remainder site on High Street;and
• Potential need for ground improvement at each of the four areas.
4
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May 30,2017(Revised July 7.2017)
Proposal No.0G10104 OAKRIDGE GEOSCIENCE, INC.
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.
ASSUNIPT1ONS
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.
6 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
$49,540 without the optional Los Angeles Avenue site and $55,780 with the optional Los
Angeles Avenue site. 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 10 weeks after receiving a fully executed contract and
written notice to proceed.
5
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May 30,2017(Revised July 7.2017)
Proposal No.O010104 OAKRIDGE GEOSCIENCE, INC.
Table 2. Fee Estimate
Description I Estimated Direct Estimated
Hours Costs Fee
Areas 1 through 3
Task 1 —Kickoff Meeting.,Data Review,and 12 -- $ 1,380
Permitting
Task 2-Field Exploration
Cone Penetration Tests—eleven to 75 feat;includes
mob/demob and prevailing wage 20 $ 6.470 28.675
Hollow-Stem Auger Drill Holes-seven to 60 feet; 36 12.765
includes mobldernob and prevailing wage
Task 3 Geotechnical Laboratory Testing — 10.605 10,605
Task 4-Geotechnical Evaluation and Reporting 80 = 8,880
Areas 1 through 3 Estimated Total: 128 $ 32,840 $49,540
Optional Area 4
500 West Los Angeles Avenue—includes two CPTs to 16 3,980 6,$40
75 feet and ane drill hale to 60 feet
Estimated Total including Optional Area 4: 144 36,820 $55,780
Our project manager will be Ms. Lori Prentice. The proposed schedule assumes
favorable weather conditions and CPT/drilling contractor backlog of about two weeks.
CLOSURE
Thank you for the opportunity to provide this proposal to the City of Moorpark. Please
contact us if you have any questions on our approach or scope.
Sincerely,
OAKRIDGE GEOSCIENCE, INC.
- f
on Prentice CEG
President
Copies Submitted: (1 via email)
6
65
ATTACHMENT 2
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2017/18 BUDGET TO ALLOCATE $42,338.00 FROM THE
ENDOWMENT FUND (2018) AND $19,020.00 FROM THE CITY
AFFORDABLE HOUSING FUND (2123) FORGEOLOGICAL
TESTING AT VARIOUS CITY-OWNED SITES
WHEREAS, on June 21, 2017, the City Council adopted the Operating and
Capital Improvement Projects Budget for Fiscal Year 2017/18; and
WHEREAS, a staff report has been presented to the City Council requesting an
aggregate expenditure budget increase of $42,338.00 from the Endowment Fund
(2018) and $19,020.00 from the City Affordable Housing Fund (2123) for geological
testing at various city-owned sites; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An expenditure budget increase of $42,338.00 from the
Endowment Fund (2018) and $19,020.00 from the City Affordable Housing Fund (2123),
as more particularly described in Exhibit"A", attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 26th day of July, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
66
Resolution No. 2017-
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
GEOLOGICAL TESTING AT VARIOUS CITY-OWNED SITES
FROM ENDOWMENT FUND (2018)AND CITY AFFORDABLE HOUSING FUND (2123)
FY 2017118
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Endowment Fund 2018-000-00000-33990 $ 42,338.00
City Affordable Housing Fund - 2123-000-00000-33990 $ 19 020.00
Total $ 61,358.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2018-1 72-00000-51000 $ 45,000.00 $ 42,338.00 $ 87,338.00
2123-172-00000-51000 $ - $ 19,020.00 $ 19,020.00
Total $ 45,000.00 $ 61,358.01 $ 106,358.00
Finance Approval:
67