HomeMy WebLinkAboutAGENDA REPORT 1997 0115 CC REG ITEM 07EAGENDA REPORT
C = Zrw O F MC3(:31RP2MRK
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: January 3, 1997 (Council Meeting 1- 15 -97)
SUBJECT: Consider Amendment to Contract with VCE
Civil Engineering & Surveying, Inc. to
Provide Construction Engineering Services
for the Arroyo Vista Community Park
Pedestrian, Equestrian, Bicycle, Emergency
Access Bridge
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This requests approval of an amendment to the subject Agreement to
add construction engineering services (contract administration,
surveying and inspection) required for the construction of the
subject Pedestrian Bridge project.
In April of 1993 the City Council retained the services of VCE,
Inc. to prepare the design plans and specifications for the
Pedestrian / Equestrian / Bicycle / Emergency Access Bridge across
the Arroyo Simi near the south end of Liberty Bell Road. In August
of that year the City Council approved an amendment to that
Agreement adding certain geotechnical services to the scope of
work. In February 1994 the City Council again amended the contract
to add certain hydrology analysis efforts to the scope of work.
During the bidding phase the design engineer provided certain
supplementary design engineering services related to the
preparation of Addenda and other required services. The cost of
these services was $2,283. The attached Amendment to the
Agreement retro - actively approves those additional costs.
rpt \p.dbrg26
000Y61
Pedestrian Bridge
Construction Engineering
January 1997
Page 2
VCE has submitted a Proposal to provide contract administration,
inspection and surveying services for the construction of the
subject project. The cost of those services is $39,790. The
attached Amendment to the Agreement authorizes that work.
Attached is Amendment No. 3 to the Agreement between the City
and VCE for engineering services for the pedestrian bridge
project.
Funds are already budgeted for these design and construction
engineering costs.
Staff recommends that the City Council approve Amendment No. 3 to
the VCE Agreement and authorize the City Manager to execute said
document.
rpt \pedbrg26
OW030
AMENDMENT NO. 3
TO AGREEMENT FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT TO AGREEMENT, made and entered into this
day of 19 by and between the City of
Moorpark, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "CITY"
and VCE Civil Engineering and Surveying, Inc. a California
Corporation, hereinafter referred to as "VCE".
W I T N E S S E T H
Whereas, on April 4, 1993, the City and VCE entered into an
Agreement [attached hereto as Exhibit 'A'] pertaining to civil
engineering services to be provided to the City by VCE, for the
preparation of design plans and specifications for the
construction of a Pedestrian, Equestrian, Bicycle, Emergency
Access Bridge across the Arroyo Simi in the vicinity of Liberty
Bell Road; and,
Whereas, on August 4. 1993, said Agreement was amended to
add certain geotechnical services required for said design;
and,
Whereas, on ..-February 8, 1994, said Agreement was again
amended to add certain hydrological analysis services required
for said design; and,
Whereas, the City and VCE desire to further amend said
agreement by adding certain supplementary design services
required during the bidding phase of the project and to add
additional civil engineering services related to construction
engineering services (contract administration, surveying and
inspection) for the construction of said project.
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree
to AMEND the aforesaid Agreement as follows:
The original Agreement (April 4, 1993) is attached hereto
as Exhibit 'A'. Except as amended herein, all other
provisions of that Agreement shall remain in full force
and effect.
0000'31.
Agreement Amendment No. 3
Page 2
ii. Pg i Qr Amen�lmp�ts to Ag�eem nt
Prior amendments to the original Agreement are attached as
Exhibits 'A -1' and 'A -2.'
A. The Scope of Work is hereby amended by adding certain
supplementary design services described in Exhibit
'A-3a.'
B. The Scope of Work is also amended by adding certain
construction engineering services as described in
Exhibit 'A -3b' and more particularly described in the
proposal attached hereto as Exhibit 'B -31.
C. Section III F (Insurance) of the original Agreement
[April 4, 1993] is hereby amended by adding the
following: Said insurance coverage shall also cover
professional liability, except that said professional
liability insurance may be written on a claims made
basis."
IV. Revised Fee
The fee for services shall be revised as follows:
ite
1. Desi(m Engineering
Initial Fee
Soils Testing Services
Hydrology Report
Bidding Phase
2. CoUtru ion Ong
Inspection / Contract Admin.
Surveying
Total
CITY OF MOORPARK:
Steven Kueny, City Manager
2
original Prior Added This Revised
Fee =es _TiLe Fee
49,746
3,968
5,000
2.283
49,746 8,968 2,283 60,997
CONSULTANT:
22,750
17.040
39,790 39,790
100,787
0
AGREEMENT
_ n _ day of
THIS AGREEMENT, made and entered into this
rii 19�e3 by and between the City of Moorpark, tate
nun�cipal corporation located in the County °f VanduVCE Civil
3f California, hereinafter referred a° as
alifornia Corporation,
3ngineering and Surveying, Inc.,
lereinafter referred to as "VCE ".
W I T N E S s E T B
Whereas, the City requires certain civil engineering
services to prepare a design for the Arroyo Vista Community
Park Pedestrian Bridge; and,
Whereas, VCE is qualified to provide such services and has
submitted a Proposal pertaining to same, attached hereto as
Exhibit 'B'; and,
Whereas, City wishes to retain VCE to prepare the design
for this project.
NOW, THEREFORE, in consideration �esuhereto vagree
benefits and premises herein st ated the part
as follows:
VCE in a contractual capacity to
City does hereby appoint
civil engineering services as set
perform certain professional
forth herein.
I-
11-
II.
Scope of Work
The services to be provided by VCE
in Exhibit 'A' attached hereto.
reference- is the Proposal submitted
18, 1992 (Exhibit "B ").
Compensation
The amount of full
shall be $49,746, a
in Exhibit 'A'.
Termination
shall be as set forth
Also attached as
by VCE dated November
compensation to VCE for said services
detail breakdown of which is set forth
This agreement may be terminated with or without cause by
City at any time with no less than 10 days written notice
of such termination. In the event of such termination,
VCE shall be compensated for such services up to tro he date
of termination. Such compensation percentage of of progress
shall be prorated as to the p g
completed at the date of termination.
�U(�U93
This agreement may be terminated by VCE only by providing
City with written notice no less than 3o days in advances
of such termination.
III. General Conditions
A. City shall not be called upon to assume any liability
for the direct payment of any salary, wage or other
compensation to any person employed by VCE performing
services hereunder for City.
all at all times remain as to the City a
B. VCE is and sh
contractor. Neither e l
wholly independent servants or agents
any of its officers, employees,
f VCE
shall control over the conduct °xc pt as here �n set
officer, employees or ag e
forth.
VCE shall not at any time or in any to manner
ees or represent
that it or any of its officers, p Y agents
are in any manner employees of the City.
C. At the time of 1) termination of this agreement or 2)
conclusion of all work; all original documents,
designs, drawings, reports, calculations, diskettes,
computer files, notes, and other related materials
whether prepared by VCE or their subcontractors) or
obtained in the course of providing the services to be
performed pursuant to this agreement shall become the
sole property of the City.
D. VCE shall hold harmless, indemnify and defend the City
and its officers, employees, servants and agents
serving as independent contractors in the role of City
Manager, Deputy City Manager, Director of Public
Works, Assistant City Engineer, City Engineer or City
Attorney from any claim, demand, damage, liability,
loss, cost or expense, for any damage whatsoever,
including but not limited to death or injury to any
person and injury to any property, resulting from
misconduct, negligent acts, of VCE or any of its
officers, employees or agents in the performance of
this agreement, except such damage as is caused by the
sole negligence of the City or any of its officers,
employees, servants or agents-
The City does not, and shall not, waive any rights that it may
have against VCE by reason of Paragraph E hereof, because of
the acceptance by the City, or the deposit with thet City, thus
any insurance policy or certificate required pursuant
agreement. This g hold harmless and indemnification said provision
shall apply regardless of whether
000094
)olicies are determined to be applicable to the claim, demand,
lamage, liability, loss, cost or expense described in Paragraph
hereof.
E. VCE shall secure from a good and responsible company
or companies doing insurance business in the State of
California, pay for, and maintain in full force and
effect for the duration of this agreement those
policies of insurance required by this paragraph and
shall furnish to the City Clerk of the City
certificates of said insurance on or before the
commencement of the term of this agreement.
Notwithstanding any inconsistent statement in any of
said policies or any subsequent endorsement attached
thereto, the protection offered by the policies shall:
1. Name the City and its officers, employees,
servants and agents serving as independent
contractors in the role of City Manager, Deputy
City Manager, Director of Public Works or City
Attorney, as additional insured with VCE.
2. Insure the City and its officers, employees, and
agents while acting in the scope of their duties
under this agreement against all claims, demands,
damages, liabilities, losses, costs or expenses
arising from, or in any way connected with, the
performance of this agreement by VCE or the City.
3. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation or amendment is
effective. VCE shall give City thirty (30) days
written notice prior to the expiration of such
policy.
4. Be written on an Occurrence Basis.
F. Consistent with the provisions of Paragraph E, VCE
shall provide general public liability including
automobile liability and property damage insurance in
an amount not less than One Million dollars
($1,000,000.00) per occurrence and annual aggregate.
G. Consistent with the provisions of Paragraph E, VCE
shall provide workers' compensation insurance as
required by the California Labor Code. If any class
of employees engaged by VCE in work under this
agreement is not protected by the workers'
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compensation law, VCE shall provide adequate insurance
for the - protection
of such employees to tye
satisfaction of the City.
VCE shall not assign this agreement, or any of the
rights, duties or oblig ations hereunder. It is
understood and acknowledged by the parties that VCE is
uniquely qualified to perform the services provided
for in this agreement.
(Exhibit
The Proposal 'B') submitted by VCE is hereby
incorporated into this Agreement. Where said exhibit
is modified by this Agreement, including the
provisions of Exhibit 'A' attached hereto, the
in this Agreement shall take
language contained
precedence.
be made by City n ays
of-
Payment to VCE shall
p or those which are
receipt of
Cit with
contested or questioned and returned by Y�
t of
written explanation within to City days
a writtencresponse
invoice. VCE shall p questioned and further,
to any invoice contestedov d.e City with any and all
upon request of City, p
documents related to any invoice.
Any notice to be given pursuant to this agreement
shall be in writing, and all such notices and any
by
other document to be delivered sin l l e Udel ive States ted
personal service or by deposit return receipt
mail, certified or registered,
requested, and addressed to the
with postage pre
party for whom intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To: VCE Civil Engineering & surveying
Att: John R. Dickerson, President
397 Mobil Avenue, Suite 5
Camarillo, CA 9301.0
Either party may, from time to time, by written notice
to the other, designate a different address which
shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or upon
deposit in the United States mail
4
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shall be deemed,
Nothing contained in this agreement y or VCE or by any
:construed or represented principal
relationship rinci al
of P
third person to create ership, or of a joint venture,
or agent, or of a partn Lion of any kind or nature
or of any other associa
between the City and VCE -
constitutes the entire agreement nd d all
the
This agreement the subject matter hereof a
parties concerning s oral or written,
prior agreements or understanding
herein. This agreement shall not be
are hereby merg ed a writing expressly
amended in any way except by signed and
purporting to be
such an amendment, g
acknowledged by both of the parties hereto.
this agreement, or any
should interpretation °f it is deemed that this
portion thereof, be necessary, p arties jointly and
agreement was prepared by the
shall not be in terpreted against either
and
equally, the party prepared the
party on the ground that prepared. agreement or caused it to be p re P
provision of this agreement shall be
No waiver of any p a waiver of any other
deemed, or shall constitute, nor shall any such
provision, whether or not similor� ssubsequent waiver of
waiver constitute a continuing. r shall be binding,
the same provision. art making the
unless executed in writing by the p Y
waiver.
e event any action, suit or proceeding is brought
In th or the declaration of any
for the enforcement u° suant to this agreement or as a
right or obligation p provision of this
result of any alleged breach of any p
be entitled to
the prevailing party shall
agreement, enses, including reasonable
recover its costs and exp and any
u
attorney's fees, from the losing Party, proceeding
judgement or decree rendered in
shall include an award thereof.
Cases involving a dispute between the City and VCE may
Q. an arbitrator if both sides agree in
be decided by judgement of
writing, with costs proportional to the j 9
the arbitrator-
s into, executed in
R. This agreement is made, and any action filed in
Ventura County, California,
any court or for arbitration for the interpretation,
enforcement or other action of the terms,
shall
or covenants referred tur e County , Cal fornia� in the
applicable court in Ventura
5
000097
S. The captions and headings of the various Articles and
Paragrz.3phs-of this agreement are for convenience and
identification only and shall not be deemed to limit
or define the content of the respective Articles and
ParagVaphs hereof.
IV _ RESPONSI111,U INDIVIDUAL
The individual directly responsible for VCE overall
performance of the contract provisions herein above set
forth and to serve as principal liaison between City and
Consultant shall be John Dickerson.
Upon mutual written agreement of the parties, other
individuals may be substituted in the above capacity.
V. IMPLEMENTATION
The City shall provide VCE with written notice in advance
of the date at which these services are to be implemented
if different than the date of the agreement.
CITY OF MOORPARK: CONSULTANT:
Paul W. wrason Jr., Mayor
6
UV00�"'
Attachments and Exhibits to original agreement have
been omitted. See original document for this
information.
5
(-I -t -I)
O 053
6 0� Z)
AMENDMENT
TO AGREEMENT FOR
CONTRACT ADMINISTRATION SERVICES
THIS AMENDMENT TO AGREEMENT, made and entered into this
day of f A -> >` 1995 by and between the City of
Moorpark, a municipad corporation located in the County of
Ventura, State of California, hereinafter referred to as "CITY"
and VCE Civil Engineering and Surveying, Inc., a California
Corporation, hereinafter referred to as "VCE".
W I T N E S S E T H
Whereas, on February 8, 1993, the City and VCE entered
into an Agreement for Civil Engineering Services required to
prepare the design for the Arroyo Vista Community Park
Pedestrian / Equestrian Bridge; and,
Whereas, the City and VCE wish to amend that Agreement to
include certain additional services set forth below.
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree
to AMEND the aforesaid Agreement as follows:
A. Additional Work
pedbrg3b
The services to be provided by VCE shall be amended to
include the retaining a Soils Engineer to prepare Soils
Reports required for the bridge design.
En. ' IN- 1
e,Zuc 2-)
Agreement Amendment
Page 2
B. Revised Fee
The fee for services shall be revised as follows:
Original Additional Revised
Item Fee (S) Fee ($) Fee ($)
1. Design Support
Meetings 3,000
Aerial Photography 690
Survey 976
Soils Testing Services 3,968
Typing 0
Naps, legal descriptions, etc. 2,080
10,634 6,746 3,968 10,634
2. Design
Preliminary Design 17,000
Final Design 26,000
43,000 43,000 0 43,000
Total 53,634
Plus Reimbursable Expenses Not to Exceed $2,000.
C. Remaining Provisions
All other provisions of the Agreement shall remain in full
force and effect.
CITY OF MOORPARK: CONSULTANT:
Steven Kueny, City Manage
peaervo 2
QO01.01.
AMENDMENT
TO AGREEMENT FOR
CONTRACT ADMINISTRATION SERVICES
�X k-Z
RECEIVED
FEB - 7 1994
CITY OF MOORPARK
THIS AMENDMENT TO AGREEMENT, made and entered into this
day of Febyv " 19-9-t- by and between the City of
Moorpark, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "CITY"
and VCE Civil Engineering and Surveying, Inc., a California
Corporation, hereinafter referred to as "VCE".
W I T N E S S E T H
Whereas, on February 8, 1993, the City and VCE entered
into an Agreement for Civil Engineering Services required to
prepare the design for the Arroyo Vista Community Park
Pedestrian / Equestrian Bridge; and,
Whereas, on August 4, 1993, the City approved an Amendment
to said Agreement to provide for certain soils testing to be
performed by VCE; and,
Whereas, the City and VCE wish again to amend the
Agreement to include certain additional services set forth
below.
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree
to AMEND the aforesaid Agreement as follows:
A. Additional Work
pedbrg3c
The services to be provided by VCE shall be amended to
include the preparation of a Hydrology Report to explain
and define the impacts of the construction of the proposed
pedestrian bridge on the 100 year storm elevations. Said
work shall include the following:
1. Identification of the present elevation and boundaries
of a 100 -year storm upstream and downstream of the
project site.
I O W2.09
Agreement Amendment \
Page 2
2. Identification of the elevation and boundaries of a
100 -year storm upstream and downstream of the project
site subsequent to the construction of the project as
proposed.
3. Identification of properties which would be added to
the inundation area (i.e. properties which Mould
become subject to possible inundation from a 100 -year
storm as the result the construction of the proposed
project).
4. Identification of recommended improvements designed to
protect substantially improved properties from such
inundation.
B. Revised Fee
The fee for services shall be revised as follows:
C. Remaining Provisions
All other provisions of the Agreement shall remain in full
force and effect.
CITY OF MOORPARK: CONSULTANT:
Steven Kueny, City Managetr
pedbrg3C
2
v
V AAW
Original
Prior
Added This
Revised
Item
Fee
Changes
Time M
Fee
1. Design Support
Meetings
3,000
3,000
Aerial Photography
690
690
Survey
976
976
Soils Testing Services
3,968
3,968
Hydrology Report
5,000
5,000
Typing
0
0
Maps, legal descrip., etc.
2,080
2,080
15,714
6,746
3,968
5,000
151714
2. Design
Preliminary Design
17,000
Final Design
26,000
43,000
43,000
0
0
43,000
Total
581714
Plus Reimbursable Expenses
Not to Exceed
$2,000.
C. Remaining Provisions
All other provisions of the Agreement shall remain in full
force and effect.
CITY OF MOORPARK: CONSULTANT:
Steven Kueny, City Managetr
pedbrg3C
2
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V AAW
Exhibit A -3a
A. Project Name: Arroyo Vista Community Park
Pedestrian, Equestrian, Bicycle,
Emergency Access Bridge
B. Scope of Work: Design Consultation During Bidding Phase
C. General Description: Provide design support for the
preparation of Addenda and related project design work.
D. Fee: $2,283.00
Reimbursable Expenses: None
(AAY104
Exhibit A -3b
A. Project Name: Arroyo Vista Community Park
Pedestrian, Equestrian, Bicycle,
Emergency Access Bridge
B. Scope of Work: Construction Engineering
C. General Description: Provide Contract administration,
inspection and construction surveying services during the
construction of the project.
D. Specific Requirements: The scope of work shall include
the services set forth in the Proposal attached as Exhibit
b -3.
E. Fee:
Contract Administration
and Inspection $22,750.00
Surveying $17,040.00
Total $39,790.00
Reimbursable Expenses: None
C%
CIVIL ENGINEERING SURVEYING
December 24, 1996
Attn: Ken Gilbert
City of Moorpark
799 Moorpark Avenue
Moorpark CA 93021
DEC 27 1996
ft1icWOft Department
Subject: Revised Proposal for Construction Inspection and Construction Surveying
for the Pedestrian/Bicycle Bridge over Arroyo Simi at Liberty Bell Road
(original proposal 5131196)
Attached is our engineering services proposal for both the construction inspection and
surveying for the construction phase of the pedestrian /equestrian /bicycle bridge over Arroyo
Simi at Liberty Bell Road.
1. Construction Inspection
We do not feel that full time inspection is required. We would furnish a resident engineer
for an average of fifty hours a month for seven months, with the Contractor having the
responsibility to notify this resident engineer a minimum of two working days prior to
certain critical phases of the project. Scope of work is defined in Attachment "A ".
Cost (resident engineer for an average of fifty hours a $22,750
month for seven months, including office support).
Attached, we have furnished the resume for this resident engineer who will have the full
support of VCE Services.
2. Surveying
We feel that there will be a total of 128 hours of surveying, broken down as follows:
Control
8
Hours
Rough grade
48
Hours
Parking lot and ramps, final A.C., curb and gutter
32
Hours
Storm drain
8
Hours
Piles and rough grade
4
Hours
Piles
4
Hours
Pile cap
8
Hours
Line and grade superstructure
6
Hours
Checking various items
6
Hours
As -built plans
4
Hours
00(i .u"
Subtotal Surveying Costs:
Total 128 hours, 2 -man survey party @ $125 /hr.
Total 16 hours office @ $65 /hr. (checking, calculating, and
plotting as -built plans
Total Surveying Costs
Total, Construction Inspection Contract
Administration & Construction Surveying
If you have any questions regarding this proposal, please call
opportunity to prepare a proposal for this work.
$16,000
$1_Q40
$97,040
$39,790
We appreciate the
Please note, the increase over the 5/31/96 proposal is because of increased costs for 1997,
and increased contract time from six to seven months.
Pleases note, processing of shop drawings is included but not checking approval. Shop
drawings will be sent to the appropriate design consultant(s) for review.
Sincerely,
VCE
John R. Dickerson
JRD /skj 1035xpro
1Ooc '( d
Attachment "A"
SCOPE OF WORK
ARROYO VISTA COMMUNITY PARK BRIDGE CONSTRUCTION ADMINISTRATION
TASKS.INCLUDE
A. Preconstruction Meetings
B. Progress Payments
C. Change Order Reviews
D. Status Reports
E. Notice of Completion and Staff Reports
F. Preparation of As- builts Plans
G. Coordination with City
H. Interpretation of Plans and Specs
I. Surveying
11oti.►'lOh
SCOPE OF WORK
ARROYO VISTA COMMUNITY PARK BRIDGE CONSTRUCTION INSPECTION
TASKS INCLUDE
A. Inspection and verification of all contract items as shown on the plans or contained in the
specifications
B. Review of vendor materials for contract compliance
C. Construction log
D. Interface with public utilities, Flood Control and residents
E. Preparation of final punch list
F. Review of contractors as -built plans and preparation of final as -built plans
G. Coordinate with materials testing labs
SOU
M
ALEXANDER E. MORELAN
Project Engineer
EDUCATION University of California, Berkeley
University of California, Los Angeles - Extension
Los Angeles City College
Los Angeles Valley College
PROFESSIONAL
Professional Civil Engineer, Land Surveyor, California
REGISTRATION
PROFESSIONAL
Professional Engineers in California Government (PECG)
AFFILIATIONS
American Congress of Surveying and Mapping (ACSM)
PROFESSIONAL
41 Years
EXPERIENCE
SUMMARY
Resident Engineer - Self Employed (1992 - Present)
Presently assisting contractor in the preparing of Highway contract bidding.
California Department of Transportation (1990-1992)
Reinstated from retirement as a Resident Engineer to administer the construction
of bridges, freeway widening and highway resurfacing projects.
Resident Engineer - Self Employed (1984 - 1990)
Hired by local agencies as a Contract Resident Engineer to administer the
construction of bridges, drainage facilities and city streets.
California Department of Transportation - Resident Engineer (1955 - 1984)
Project Design Engineer.- Prepared plans, specifications and estimate contracts for
freeways and highway projects.
Initiated drainage studies related to freeways and highways for the design of
drainage structures and appurtenances.
Prepared and administered agreements with local agencies to maintain freeways
and state highways.
Construction Engineer. Various freeway projects. Oversee the construction of
asphalt concrete pavement, portland cement concrete pavement, retaining walls,
drainage structures and earthwork.
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