ATTACHMENT #2
Project: Hillcrest Drive Bike Lane and
Pedestrian Improvements Project (CI 5682)
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
MNS ENGINEERS, INC.
THIS AGREEMENT is made and entered into this 14th day of November, 2023, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and MNS ENGINEERS, INC. ("Consultant").
City and Consultant agree as follows:
1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by the Consultant are as follows:
Professional services in conjunction with engineering design for the Hillcrest Drive Bike Lane and Pedestrian Improvements. Services and deliverables shall generally include Preparation of Preliminary Engineering, Project Approval/Environmental Document (PA/ED), Plans, Specifications and Estimate (PS&E), engineering support and design services during the bid phase , and are more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $423,388 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Cost Proposal in Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant for the term of this Agreement, until December 31, 2026, after which any change in the rates and expenses must be approved in writing by the City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
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(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice. (c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.” (d)Prevailing Wage. Consultant may be obligated to pay prevailing wages under the California Labor Code. Consultant agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Consultant to be familiar with the California Labor Code as it relates to any issued Task Order, and failure or neglect of Consultant to understand the California Labor Code shall in no way relieve Consultant from any obligations.
(e)Department of Industrial Relations Requirements. Consultant’s work under specific Task Orders may be subject to the payment of not less than prevailing wages under California Labor Code Sections 1720 and 1770 et Seq and subject to compliance monitoring and enforcement by the Department of Industrial Relations. No consultant or subcontractor may be awarded a contract for public work unless registered with the Department of Industrial Relations, pursuant to California Labor Code Section 1725.5. Consultant’s DIR registration number is 1000003564.
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Masoud Razavi.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2026, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than three (3) separate times, for a period of 1 year each. Extensions of time shall be memorialized by execution of a written amendment to the Contract.
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Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work.
All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.
City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.
Michael Ip, Principal Engineer is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Consultant without City's prior written consent.
The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: geotechnical investigation (Gorian and Associates, Inc.), environmental services (GPA Consulting), traffic signals and counts (TJW Engineering, Inc.), aerial mapping (Digital Mapping, Inc.), Arborist (Padre Associates, Inc.).
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
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(b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.
Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
Coverage shall be at least as broad as:
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(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability. (b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors. (d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
10. RELATION OF THE PARTIES
a.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 Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers 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, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b.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.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon five (5) calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services.
Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
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22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. FEDERAL REQUIREMENTS
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including the financial provisions in Exhibit A-1 and that Consultant is required to comply with all material obligations required by federal or state law in reporting work completed with said funds, and certifies that Consultant and its subcontractors are eligible to participate in the Federally funded contract, pursuant to the “System for Award Management (SAM)” database, as maintained by the General Services Administration and required by 2 CFR, part 180.
Consultant shall also comply with the federal Americans with Disability Act, Public Law 101-336, and observe the disability discrimination prohibitions of such laws in the performance of the work required under this Agreement.
30. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Masoud Razavi
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Michael Ip, PE
MNS Engineers, Inc.
100 E. Thousand Oaks Boulevard, Suite 105
Thousand Oaks, CA 91360
[email protected]
31. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
MNS ENGINEERS, INC.
Shawn Kowalewski, Vice President
Darren Riegler, President
CITY OF THOUSAND OAKS
___________________________
Kevin McNamee, Mayor
ATTEST:
_____________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
HILLCREST DRIVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS – CI 5682
SCOPE OF WORK
Task 1 - Project Management
Task 1.1 – Work Plan and Schedule
Consultant shall prepare a work plan and schedule with milestones, major activities and deliverables for City review.
Based on the City's comments, Consultant shall update the work plan and schedule.
Consultant shall provide assistance to develop a work plan and project schedule specifically related to environmental clearance. Consultant shall provide up to three updates throughout the environmental process when requested.
Deliverable: Work Plan and Project Schedule
Task 1.2 – Kick-Off Meeting
Consultant shall schedule a project kick-off meeting with the City. Consultant shall prepare a detailed design schedule and project-specific Work Plan. Consultant shall present the project schedule and the project Work Plan at this meeting to develop consensus for these documents.
Consultant shall meet with City staff to discuss project scope and purpose, requirements, and details. With the City's assistance, Consultant shall develop a Project Development Team (PDT) for the project so the key stakeholders can provide input and recommendations and be informed of the project developments and decisions.
Deliverables: Meeting Agenda and Minutes
Task 1.3 – Progress Meeting
Consultant shall hold a meeting with City staff in the Preliminary Engineering phase to review the conceptual designs and at the completion of the Preliminary Engineering phase prior to moving forward with construction documents. In the Construction Documents phase, Consultant shall meet with the City at the completion of the reviews of the 65% and 95% of PS&E. The purpose of these meetings shall be to discuss all City comments, review the schedule for the re-submittal of plans, and coordinate any other outstanding project items. At the meeting to review 95% submittal review comments, any final requirements for plan approval and bid advertisement shall be discussed.
Consultant shall arrange and conduct all meetings and workshops, prepare a meeting agenda two days in advance for City Project Manager review/comments, prepare the meeting summary of discussions/decisions, and email a copy to all attendees for review and concurrence. The meeting summary shall include action items by City and/or Consultant.
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It is anticipated the environmental process would last up to eight months; Consultant shall attend a virtual one-hour meeting each month to advance the project as-needed.
Deliverables: Meeting Agenda and Minutes
Phase I – Project Initiation Document (PID)
Task 2 - Preliminary Engineering
Task 2.1 – Data Collection
Consultant shall collect and review available record data from the City. Data includes state, County, City, and other record/documents, existing street, storm drain, wet and dry utility plans, survey centerline and property monument data, topographic maps, and drainage and geotechnical reports.
Task 2.2 – Site Survey
Based upon the concept plan included in the RFP for the proposed roadway and sidewalk improvements, Consultant shall perform field surveying and mapping to collect relevant topographic and planimetric data along the project limits of Hillcrest Drive between Moorpark Road and Lynn Road. Collected data shall be referenced to found centerline or property monuments in the vicinity of the survey.
Consultant shall perform research of available records at the City, County, and Caltrans websites/offices. This research shall assist in the retracement of applicable centerlines, R/W, easements, and private property boundary retracement. This shall assist in identifying control, benchmarks, and monuments of record within the design footprint.
Consultant shall include an aerial survey, orthophoto creation, and supplemental ground surveys. Consultant shall establish new control on the appropriate NAD83 and NAVD88 datum references. Survey control points for the project shall include aerial targets and multiple control points for supplemental surveys. The limits of the aerial mapping shall include a 150-foot-wide strip of mapping along Hillcrest Drive from the intersection of Lynn Road to Moorpark Road (approximately 1.3 miles). Consultant shall fly the project corridor and prepare orthophoto mapping. The limits of the supplemental ground survey include the proposed 6-foot sidewalk area running along the north side of Hillcrest Drive (approximately 1,660 linear feet). The supplemental ground surveys shall include the following features: hardscape, ground/finish surface, structures, walls, fences, striping, signage, trees (6-inch diameter and above), and observable utilities.
Consultant shall prepare a topographic/utility base map in AutoCAD at a scale of 1” = 20’ with 1-foot contour intervals. In addition, Consultant shall retrace the centerline and R/W boundaries along the proposed improvements. The boundary retracement shall be based on field monumentation and record map information.
Deliverables: Topographic Mapping and R/W retracement
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Task 2.3 – Geotechnical Investigation
Consultant shall conduct geotechnical investigation in support of this project. The scope of services shall consist of the following tasks:
Subtask 2.03A. Initiation and Data Review
Consultant shall review pertinent site geotechnical and geologic information in files and incorporate into the site evaluation.
Subtask 2.03B. Permits, Utility Coordination, Health, and Safety Prior to excavation, the proposed excavation locations shall be located and marked. Per state-mandated protocol, Underground Service Alert "Dig Alert" shall be informed at least 48 hours before the scheduled field excavation to aid location of underground utility lines that may be adjacent to the excavation locations.
Subtask 2.03C. Subsurface Exploration Program.
Approximately five geotechnical borings (hand dug) shall be drilled to a depth of 5 to 7 feet below the existing ground surface (bgs) within the planned new sidewalk area. The borings shall be spaced roughly at 300-foot intervals along the north side of Hillcrest Drive between Lynn Road and McCloud Avenue.
The field exploration activities described above shall be observed by an engineer or geologist, who shall log the underlying materials from the borings, obtain bulk and relatively undisturbed soil samples for laboratory analyses. The borings shall be drilled to the proposed depths or refusal, whichever is the shallower depth.
The field work shall be performed during normal work hours starting at 7 a.m. from Monday through Friday excluding Saturdays. Consultant shall coordinate with the City as to the best time to drill the borings to avoid peak traffic.
Consultant shall provide traffic control plans for review by the City prior to any field investigations. Consultant shall procure an encroachment permit for any work within the City right-of-way.
Subtask 2.03D. Laboratory Testing
A program of laboratory testing shall be performed to evaluate geotechnical properties of selected soil samples obtained during the subsurface exploration. The following tests shall be performed for this site evaluation:
• Moisture and Density Testing of Undisturbed Soil Samples • Consolidation Testing
• Maximum Density-Optimum Moisture Relationships
• Expansion Index Testing
• Direct Shear Testing
• Corrosion Testing (by a subcontracted corrosion engineer) Subtask 2.03E. Geotechnical Report
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The results of the archival research, field exploration, and laboratory testing shall be used in engineering analyses to provide geotechnical recommendations for design and construction of a new sidewalk and possibly a shallow retaining wall on the north side of Hillcrest Drive between Lynn Road and McCloud Avenue.
The results of the scope of services shall be provided in a written report and shall include:
• A description of subsurface conditions as encountered in the exploratory excavations including logs of the excavations and a location map showing the approximate excavation locations.
• A description of the laboratory testing programs, including tests results. • Discussion and recommendations regarding:
– Geologic hazards including seismic setting of the site – Soil collapse and expansion potential
– Site preparation and remedial grading
– Sidewalk design recommendations
– Soil chemistry analysis
Deliverables: Draft and Final Geotechnical Report
Task 2.4 – Tree Report
Consultant shall prepare a tree report. An oak/protected tree survey shall be conducted under the direction of an ISA-certified arborist to identify oak trees and landmark trees protected under City ordinances. Data collected shall include species, photograph, trunk diameter at breast height, location relative to proposed improvements, health information, and aesthetic rating. The tree report shall include a map of tree locations, tree photographs, tree data forms and recommendations to avoid or minimize impacts to protected trees.
Deliverable: Draft and Final Tree Report
Task 2.5 – Utility Research and Coordination
Consultant shall prepare and send an official first notice regarding the proposed project to the utility providers within the City of Thousand Oaks. The City will provide a listing of providers and contacts for notification. The notice shall include a description of the project and a request for record information related to utilities within the vicinity of the project.
The notification shall also include a request for procedural information related to coordination for construction (i.e. notification requirements, the responsible party for utility adjustments both cost and physical work, etc.). Research regarding utilities shall include a review of utilities from the site survey and field visits.
Upon completion of the design plans, Consultant shall prepare a second notice for review of proposed improvements and a request for relocation plans as necessary. A spreadsheet shall be prepared and shall list and track the utility coordination efforts. The DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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date of contact, name of the contact person, phone number of the utility provider, and the product received from the individual utility provider shall be included in the spreadsheet.
Deliverables: Utility Letters, and Utility Matrix
Task 2.6 – Base Map Preparation
Consultant shall request available record improvement plans. Consultant shall research, gather, and review available City, County, and Caltrans record documents of the project area. Research shall include studies, atlas sheets, improvement plans, reports, base maps, Master Plan documents, and utility record drawings.
Consultant shall document all findings and draft the locations of existing utilities and other pertinent information into AutoCAD to create a comprehensive base map with the topographic mapping.
Deliverables: Base Mapping
Phase II – Project Approval/Environmental Documents (PA/ED) Task 2.7 – Preliminary Design
Task 2.7.1 - Traffic Study
Consultant shall perform the following tasks:
Task 2.7.1.1 - Data Collection
Consultant using AimTD shall collect turning movement and ADT traffic at 9 intersections and 7 roadway segments.
Turning movement data shall be collected during:
• AM and PM peak periods during a typical weekday
• Three-hour peak period during a typical Saturday.
Task 2.7.1.2 - Traffic Analysis
Consultant shall conduct traffic analysis of the existing and future conditions based on the varying alternative options available at each intersection. Consultant shall anticipate that approximately 6 signalized intersections shall have varying lane configurations needing analysis. Analysis shall be completed using the HCM methodology which shall show LOS and delay at the intersections including left-turn pockets and right-turn movements for each alternative treatment.
Consultant shall conduct capacity analysis for the roadway segments as roadway capacity will be reduced from 3 lanes to 2 in each direction.
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Task 2.7.1.3 - Report
Consultant shall summarize and provide findings in report format for submittal to the City.
Deliverables: Draft and Final Traffic Study
Subtask 2.7.2 - Preliminary Design Plans
With the information obtained in all of the tasks up to this point in the project, Consultant shall prepare a preliminary design plan at 1” = 40’ scale for three (3) alternative bikeway improvements and the magnitude of construction estimates for City staff to review and comment.
Deliverables: Preliminary Plans and Magnitude of Construction Cost Estimate Subtask 2.7.3 - Project Design Report
Consultant shall prepare a project design report to discuss three (3) Class IV bikeway alternatives. The report shall include project background, traffic study discussion and impacts, three (3) Class IV bikeway alternatives, plans with typical sections, discussion of the environmental, right of way and utility impacts and magnitude of construction cost.
Deliverables: Project Design Report
Task 2.8 – Public Meeting Support
Consultant shall prepare exhibits for public meetings - assume two public meetings.
Subtask 2.8.1 - Strip Maps
Consultant shall prepare three (3) colorized conceptual strip maps with typical cross sections.
Subtask 2.8.2 - Vertical Physical Barrier Evaluation
Consultant shall review and evaluate alternatives for vertical barriers for the buffer zone.
Consultant shall prepare up to three (3) exhibits and renderings for the alternatives.
Subtask 2.8.3 - Public Outreach Support
Consultant shall attend and support the City staff at the Traffic Commission and City Council Meetings and two (2) Community Outreach Meetings.
Deliverables: Strip Maps and Vertical Barrier Exhibits
Task 3 – Project Approval/Environmental Document (PAED) Task 3.1 – NEPA and CEQA Document Preparation and Submittal Consultant shall prepare required documents to acquire a National Environmental Policy Act (NEPA) and CEQA environmental clearance.
Subtask 3.1.1 - Preliminary Environmental Study (PES)
At project initiation, Consultant shall perform a windshield site survey, review any existing information and analysis related to the project, and gather any additional reference information needed. Consultant shall work closely with the project team to prepare a detailed project description, including project components, purpose and need, DPW: 850-20\ev\H:\Council\2023\111423\CI5682\Hillcrest Drive Bike Lane and Pedestrian Improvements staff report.docx
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environmental study limits (ESL), and timing of construction. The project description shall be appropriate for use in all technical studies and environmental documentation and shall include maps of the regional area and project area.
Once all project information is gathered and the project description is complete, Consultant shall prepare the Draft Preliminary Environmental Study (PES) Form. The PES Form shall be completed pursuant to Caltrans’ SER and LAPM; it shall include a reasoned explanation for all checklist answers, and all attachments necessary to support conclusions in the PES. Consultant shall submit the Draft PES to the City for review and approval. Once the Draft PES has been approved by the City, Consultant shall finalize the revisions, submit the PES to Caltrans, and coordinate as needed for review and approval of the document.
Deliverables: One electronic copy of the Draft and Final Project Description and PES Form
Subtask 3.1.2 - Cultural Resources, Screened Undertaking Memorandum One of the key environmental issues identified for this project is related to cultural resources. We assume that, unless the project qualifies for a Screened Undertaking, Caltrans will require multiple technical studies for compliance with Section 106 of the National Historic Preservation Act, including an Area of Potential Effects (APE) Map, Native American outreach, Archaeological Study Report (ASR), and Historic Properties Survey Report (HPSR), at a minimum.
During completion of the PES Form, Consultant shall identify the appropriate class of Screened Undertaking, which in this case is assumed to be Class 8 (addition of bicycle lanes or pedestrian walkways), Class 11 (modification of existing features, such as slopes, ditches, curbs, sidewalks, driveways, dikes, or headwalls, within or adjacent to the R/W), Class 14 (installation, removal or replacement of roadway markings, such as painted stripes, raised pavement markers, thermoplastic tape, or raised bars, or installation of sensors in existing pavements), and/or Class 25 (establishment, replacement, or removal of landscaping, vegetation, or irrigation systems on state or local public property, including highway and local roads ROW and building sites).
A Screened Undertaking Memorandum may be required by Caltrans to support the determination. Consultant shall prepare the Screened Undertaking Memorandum.
Consultant shall conduct a one-mile records search at the South Central Coastal Information Center (SCCIC), located at California State University, Fullerton. The Native American Heritage Commission (NAHC) shall be contacted to perform the Sacred Lands file search and provide a list of Native American groups to contact regarding this project.
Online resources, including historic aerial maps, Sanborn maps, and historic topographic maps of the area shall be referenced to prepare the document. Once all information has been gathered, Consultant shall prepare a Screened Undertaking Memorandum for archaeological resources. Consultant shall supplement the Memorandum with information related to built resources. The Memorandum shall be submitted to the City for review and approval prior to submittal to Caltrans.
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Deliverables: One electronic copy of the Draft and Final Screened Undertaking Memorandum
Subtask 3.1.3 - Hazardous Materials, Phase I Initial Site Assessment Based on extensive experience with projects in Caltrans District 7, a Phase I Initial Site Assessment (ISA) shall be required. As it is more cost-effective and results in a streamlined environmental process, testing for lead and Aerially Deposited Lead (ADL) is recommended as part of the screening process.
Consultant shall prepare a Phase I ISA to evaluate potential conditions which may impact the project. Consultant shall begin by reviewing available project document and reports, including reports prepared for nearby projects. A limited site reconnaissance shall take place along the roadway corridor to observe current land use and hazardous waste/hazardous materials conditions, and to view publicly accessible portions of adjacent properties for evidence or indications of potentially hazardous waste/hazardous materials conditions. If any additional information is provided by the City regarding past and present operations in the project area, Consultant shall review the information for incorporation into the report. Aerial photographs and historical topographic maps shall be reviewed as well. A review of publicly available federal, state, and city records for indications of the use, misuse, or storage of hazardous and/or potentially hazardous materials on or near the proposed alignments shall be conducted by a professional record check service. Site testing is recommended during preparation of the Phase I ISA as well; the concentration of lead in soil adjacent to Hillcrest Avenue that shall be disturbed for the retaining wall, sidewalk, and curb ramps should be tested for ADL. Once all activities have been completed, Consultant shall evaluate the risk of potential hazardous materials within and adjacent to the project area. The Phase I ISA shall be prepared to summarize the findings of review, site reconnaissance, and testing. The report shall include recommendations for additional investigation and analysis, as appropriate.
Deliverables: One electronic copy of the Draft and Final Phase I ISA Subtask 3.1.4 - Statutory Exemption (CEQA)
Under SB 922, projects for pedestrian and bicycle facilities in public or highway R/W are exempt from CEQA. A Project Type Checklist and Notice of Exemption (NOE) are required for projects that fall under this category. If the project cost exceeds $100M in 2020 US dollars there are certain additional requirements to document the exemption; however, it is assumed these requirements would not be applicable to this project.
Consultant shall prepare the Project Type Checklist and NOE for similar projects that fall under this exemption. Consultant shall prepare the required forms and submit to the City for review. Consultant shall incorporate any comments into the forms prior to finalizing.
Once approved by the City, Consultant shall file the NOE with required Project Type Checklist with the State Clearinghouse using their most current electronic submittal requirements.
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Subtask 3.1.5 - Categorical Exclusion and Environmental Commitments Record (NEPA)
Once all technical studies required for NEPA approval have been reviewed and accepted by Caltrans, Consultant shall prepare an Environmental Commitments Record (ECR) in Caltrans' most current format. The ECR shall document all measures that the City is responsible for implementing to avoid, minimize and/or mitigate identified environmental impacts. The ECR shall be used by Caltrans staff to prepare the NEPA CE.
Deliverables: One electronic copy of the Final ECR
Task 4 – R/W Clearance
Task 4.1 – R/W and Utility Clearance
Consultant shall prepare up to eight permits to enter and construct exhibits to demonstrate R/W impacts within the project limits and assist the City with issuing necessary notices to utility owners and obtaining R/W Clearance from Caltrans Local Assistance.
Consultant shall strive to keep the proposed design within existing City R/W and acquire no Permanent or Temporary Construction Easements.
Deliverables: Permits to Enter Exhibits, Caltrans Utility Clearance Form Phase III – Final Engineering Design and Bid Process
Task 5 – Construction Documents – Plans, Specifications and Estimate (PS&E) Task 5.1 – 65% Submittal
Subtask 5.1.1 - Plans
Consultant shall prepare 65% plans for City staff to review and comment.
The following sheets are anticipated:
• Title Sheet
• General Notes, Legend, Abbreviation, Sheet Index
• Typical Sections (2 sheets)
• Demolition and Utility Disposition Plan (double stacked) at 1” = 20’ scale (6 sheets) • Street Plan and Profile at 1” = 20’ scale (1 sheet)
• Street Plans (double stacked) at 1 = 20’ scale (5 sheets) • Retaining Wall Plans at 1” = 10’ scale (2 Sheets)
• Signing and Striping Plan (double stacked) at 1” = 40’ scale (3 sheets) • Traffic Signal Modification Plans at 1" = 20' scale (8 sheets) Subtask 5.1.2 - Draft Specifications
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end documents. For 65% submittal, Consultant shall prepare draft technical specifications.
Subtask 5.1.3 - Construction Cost Estimate
Consultant shall prepare an estimate of construction costs using historical cost data including recent bid results, Caltrans cost data, and other sources.
Subtask 5.1.4 - Constructability Review
Consultant’s senior construction engineer shall perform a constructability review prior to submitting the PS&E to the City for review.
Subtask 5.1.5 - Review Meeting/Coordination
Consultant shall attend a review meeting with the City staff to discuss the City and Caltrans’ comments. Consultant shall prepare a response to the comment matrix as part of the 65% submittal. Consultant shall prepare the PS&E incorporating City comments.
Deliverables: 65% Draft PS&E, Constructability Review Comments, Response to Comments Matrix
Task 5.2 - 95% Submittal
Subtask 5.2.1 - 95% Plans
Consultant shall update the 65% plans and prepare the following sheets:
• Construction Details: 13 Curb Ramps (3 Sheets)
• Construction Details: Miscellaneous (1 Sheet)
• Retaining Wall Details (1 Sheet)
Subtask 5.2.2 - Specifications
Consultant shall update the draft technical specifications, prepare bid proposal and coordinate front end documents.
Subtask 5.2.3 - Construction Cost Estimate
Consultant shall review the estimate of construction cost and update as appropriate.
Subtask 5.2.4 - Constructability Review
Consultant’s senior construction engineer shall perform a constructability review prior to submitting the Plans, Specification & Estimate (PS&E) to the City for review.
Subtask 5.2.5 - Review Meeting/Coordination
Consultant’s senior construction engineer shall attend a review meeting with the City staff to discuss the City and Caltrans’ comments. Consultant shall prepare a response to comment matrix as part of the 95% submittal.
Consultant shall prepare the PS&E incorporating City comments.
Deliverables: 95% Draft PS&E, Constructability Review Comments, Response to Comments Matrix
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Task 5.3 - Final Submittal
Consultant shall prepare the final PS&E addressing the City’s comments. Consultant shall prepare final sealed unbound bid documents, the estimate of construction costs, and the bid schedule. Consultant shall prepare a cover letter for the transmittal of plans, bid/specification manual, estimate and comment response, and deliver original documents to the City.
Deliverables: Final Sealed Plans and AutoCAD Files, Final Bid Document/Technical Specifications in Microsoft Word, Final Estimate of Probable Construction Costs Task 5.4 - Utility Notification and Coordination
Consultant shall notify the utility providers (provided from underground service alert within the project limits) via letter of the impending project and request atlas sheets or record drawings of existing utilities and appurtenances within the project corridor.
Letters shall be issued on City letterhead. One week following issuance of the request letters, Consultant shall follow-up with telephone calls to verify letters were received and to determine when utility atlas information shall be provided. Consultant shall map the existing utilities onto base line work and provide reduced-size plans to utility agencies requesting review for conflicts and incorrect mapping of utility atlas information.
Consultant shall coordinate with the agencies to confirm design requirements and approval process. Project plans shall be reviewed to determine potential utility conflicts.
For unavoidable utility conflicts, Consultant shall prepare utility relocation notices and project plans highlighting the conflict. Consultant shall work with the affected agency to show the proposed utility relocation on the improvement plans.
Any utility relocation design shall be performed by others.
In addition, notices to utility owners shall be prepared and sent to relocate their facilities.
Consultant shall prepare required documents for utility clearance issued by Caltrans.
Deliverables: Utility Letters, Utility Matrix, Caltrans Utility Clearance Form Task 6 - Support During Bidding
Task 6.1 - Bid Support Services
Consultant shall provide design support services during the bidding phase.
Consultant shall assist the City during this phase to respond to all questions brought forth by the bidders (Requests for Information).
Consultant shall prepare contract addenda if necessary, assuming up to three addenda, and an "Issue for Construction" plan set reflecting the addenda items.
Consultant shall attend the pre-bid meeting and the bid opening.
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Task 6.2 - Monument Preservation
Consultant shall identify monuments within the project demolition limits and prepare applicable pre/post-construction corner records. Consultant shall estimate three potential locations where monuments could be impacted by construction. A minimum of three ties shall be set for replacement of any existing property corners. This scope of work to include up to three pre/post-corner records (six total) to be submitted to the County of Ventura for recordation.
This scope of work shall include the filing fees and costs/materials to set new monuments and submit for recordation.
Subtask 6.2.1 - Pre-Construction Surveying Requirements This task shall be completed prior to the commencement of construction activities. • Describe the type of survey instrument proposed for the surveying work. • Research and analyze existing recorded property corner and center monuments and their associated ties within the zone of the project and submit to the City a survey work plan and schedule for approval.
• The preconstruction survey work shall set a minimum of three ties for each found existing recorded monument and categorize in the following scenarios:
- Found existing recorded monument that has three ties. No new ties required. - Found existing recorded monument that has two ties. Set one tie. - Found existing recorded monument that has one tie. Set two ties. - Found existing recorded monument that has no ties. Set three ties. • Provide the City with Pre-Construction Corner Record and sketch for each found monument and their associated ties with supporting documents. • Patch all holes caused by removing asphalt for preconstruction survey activities with cold patch material.
Subtask 6.2.2 - Post-Construction Surveying Requirements This task shall commence after construction of the project is complete. • Describe the type of survey instrument proposed for the surveying work. • Re-establish the monuments and set centerline. monuments within the Project as directed by the City.
• Edit the field sketches, where needed, to identify the reestablished monument. • Provide the City with Post-Construction Corner Records and sketches for each set monument and their associated ties.
• File the Post-Construction Corner Record for each set monument with the County Surveyor Office after City approval.
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• Provide the City with copies of all filed Corner Records.
Task 7 - Pre and Post ATP Traffic Counts
Consultant shall perform pre- and post-bicycle and pedestrian counts for three locations within a 12-hour window for one weekend and one weekday using two cameras as Hillcrest Drive has wide footprint.
Deliverables: Pre and Post ATP Traffic Counts
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EXHIBIT A-1
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