HomeMy WebLinkAboutAGENDA REPORT 2019 0918 REG CCSA ITEM 09CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of September 18, 2019
ACTION Approved Staff
Recommendation and
Adopted Resolution No.
2019-3849. BY B.Garza
C. Consider Agreement with Walker Consultants for Quantitative Analysis of
Downtown Parking Conditions, and Consider a Resolution Amending the City’s
Fiscal Year 2019/20 Budget. Staff Recommendation: 1) Approve Agreement with
Walker Consultants for the preparation of a downtown parking study; and 2)
Adopt Resolution No. 2019-___ amending the FY 2019/20 Budget for this
Agreement. (ROLL CALL VOTE REQUIRED) (Staff: Karen Vaughn)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
DATE: 09/18/2019 Regular Meeting
SUBJECT: Consider Agreement with Walker Consultants for Quantitative
Analysis of Downtown Parking Conditions, and Consider a
Resolution Amending the City’s Fiscal Year 2019/20 Budget
BACKGROUND AND DISCUSSION
On May 15, 2019, the City Council conducted a public workshop to gather public and
City Council feedback on the preliminary plans for a downtown mixed-use project and
policy guidance for the implementation of mixed-use developments in the City’s
downtown district. During the workshop, numerous residents and business owners, as
well as the City Council, raised concerns over the localized parking effects that could
accompany new development along the High Street corridor. Several of the
commenters were especially concerned about how decreased parking availability could
affect the High Street Arts Center.
The High Street Arts Center (45 E. High Street) is a City-owned facility that is operated
by the Moorpark Foundation for the Arts, a 501(c)(3) non-profit organization, which does
business as The High Street Arts Center (HSAC). The HSAC is a 90-year-old, 266-seat
performing arts venue offering stage productions, concerts, stand-up comedy
performances, and movie screenings throughout the year, while also hosting summer
and winter youth camps and renting their facilities for various community events. The
HSAC serves as a main anchor along the High Street corridor and is a principal driver of
pedestrian and business traffic in the downtown district.
Downtown Moorpark has grown organically over time and many of the existing buildings
have less than the required off-street parking spaces according to today’s zoning
requirements. In the late 1990’s, the City embarked on the creation of a Downtown
Specific Plan (DTSP), which was adopted by City Council in 1998 and amended in
2006. The DTSP contemplates shared parking in the downtown area and, together with
the City’s Zoning Ordinance, allows for various parking reductions and incentives.
Item: 9.C.
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These include the ability to count on-street parking spaces toward required parking,
parking reductions for eating and drinking establishments, and the framework for
reciprocal parking agreements between commercial businesses along High Street. The
DTSP also mentions parking for the HSAC and that the temporary use of the dirt lot
across the street would eventually be moved to a civic center location across Moorpark
Avenue. Section 3.8.4 of the DTSP discusses the potential need for a downtown
parking management plan as the area builds out.
The first step in understanding how parking is currently functioning within downtown is
to conduct a parking study. On July 25, 2019, Community Development and Public
Works staff conducted a walking tour of downtown with representatives from Walker
Consultants, a global consulting firm that specializes in parking planning and design.
During the tour, staff identified public parking locations in downtown including surface
lots (see Attachment 3) and on-street spaces, and the various restrictions currently in
place. After the tour, staff worked with Walker Consultants on the scope of a parking
study to determine the use and capacity of the City’s parking assets in downtown. The
parking study would include an inventory of on-street and surface parking lot spaces
within the downtown area, collection of parking occupancy data for the spaces on both
weekdays and weekends (including specific data collection when a show is taking place
at the HSAC), collection of parking turnover data, and a capacity analysis. The study
would also provide a set of recommendations as to the best utilization rate of the public
parking spaces and methods to achieve that rate. The cost of the parking study (Task
1.0) would be $25,250.00.
Because the City is supportive of the continued operation of the HSAC, which has
specific event-based parking needs, staff requested the scope of work include an
optional task of creating a parking management plan for the HSAC. The results of the
parking study would bear out whether or not HSAC operations would benefit from a
formal parking management plan. The cost of the additional HSAC parking
management plan (Task 2.0) would be $4,250.00.
The parking study would be completed in late 2019 and would be presented to the City
Council at a future meeting. The data could then, in turn, be used to inform future City
Council decisions regarding development along the High Street corridor and in the
downtown district. Based on the results of the parking study, Council may decide to
direct staff to proceed with Task 2.0 for the creation of a parking management plan for
the HSAC.
The City’s Fiscal Year (FY) 2019/20 Budget does not include funding for these services.
As such, staff has prepared a resolution (Attachment 2) to add $25,250.00 of budget
authority to fund this Agreement.
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FISCAL IMPACT
A budget amendment of $25,250.00 from the General Fund (1000) is requested to fund
the cost of these studies.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve Agreement with Walker Consultants for the preparation of a downtown
parking study; and
2. Adopt Resolution No. 2019-___ amending the FY 2019/20 Budget for this
Agreement.
Attachment 1: Agreement with Walker Consultants
Attachment 2: Resolution No. 2019-___
Attachment 3: Map of downtown parking lots
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND WALKER CONSULTANTS
FOR QUANTITATIVE ANALYSIS OF DOWNTOWN PARKING CONDITIONS
THIS AGREEMENT, made and effective as of this day of September, 2019,
between the City of Moorpark, a municipal corporation (“City”) and Walker Parking
Consultants/Engineers, Inc., a Michigan corporation (“Consultant”) dba Walker
Consultants. In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for an analysis of downtown parking conditions;
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 August 16, 2019,
which is attached hereto as Exhibit B.
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 B, 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 prepare a quantitative analysis of downtown parking conditions,
as set forth in Exhibit B. In the event there is a conflict between the provisions of
Exhibit B and this Agreement, the language contained in this Agreement shall take
precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of twenty-five thousand two hundred and fifty dollars ($25,250.00), as stated in
Exhibit B, 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.
ATTACHMENT 1
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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 Steffen Turoff, 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 B, based upon
actual time spent on the above tasks. This amount shall not exceed twenty-five
thousand two hundred and fifty dollars ($25,250.00) for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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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 served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8.LIQUIDATED DAMAGES
[This section intentionally left blank.]
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
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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 two (2) 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
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.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, 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
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insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11.INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12.INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13.LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14.ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
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age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15.UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17.CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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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 Ave.
Moorpark, CA 93021
To: Walker Consultants
Attn: Steffen Turoff
606 S. Olive Street, Suite 1100
Los Angeles, CA 90014
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.
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.
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23.COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24.ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25.ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
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.
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30.WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31.AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK WALKER CONSULTANTS
__________________________________ __________________________________
Troy Brown, City Manager Steffen Turoff, Employee Owner
Attest:
__________________________________
Ky Spangler
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 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
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 and CG
2037 with edition acceptable to the City. 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 at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
17
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
18
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.
19
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1.Dollar amount of Agreement/Contract: $ 25,250.00
2.Dollar amount of Subcontract: $
3.Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Walker Consultants
Steffen Turoff, Employee Owner Date
20
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
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
21
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 and CG
2037 with edition acceptable to the City. 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.
22
7.Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8.Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9.It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10.Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11.Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
23
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
24
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.
25
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1.Dollar amount of Agreement/Contract: $ 25,250.00
2.Dollar amount of Subcontract: $
3.Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Walker Consultants
Steffen Turoff, Employee Owner Date
26
August 16, 2019
Karen Vaughn, AICP
Community Development Director
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Transmitted via email: kvaughn@moorparkca.gov
Re: Proposal for Quantitative Analysis of Downtown Parking Conditions
Moorpark, California
Dear Ms. Vaughn:
Walker Consultants is pleased to submit for your review the following proposal for parking consulting services,
based on our discussions and observations of parking in the downtown district of Moorpark.
PROJECT UNDERSTANDING
As part of efforts to enhance downtown Moorpark as a civic and commercial space, including the use of the High
Street Arts Center as a cultural and civic destination, questions have come up regarding current parking conditions
and parking availability downtown.
SCOPE OF SERVICES
The following Scope of Services has been developed to answer these questions in a knowledgeable and efficient
manner.
TASK 1.0 PARKING SUPPLY AND DEMAND ASSESSMENT
1.1 Teleconference with City staff to confirm the study area, dates and locations of parking occupancy
and length-of-stay data collection. generally assumed to be bounded by High and Charles Streets
from Moorpark Avenue to Spring Road, north of the railroad tracks, but including the station
commuter lot running along the south side of the station and the Post Office site west of
Moorpark Avenue. Walnut, Bard and Magnolia Streets between High and Charles will be included
in the area of study, as will the City Hall and Library Parking lots.
1.2 Confirm parking inventory/create assumptions for the parking capacity of on-street inventory
where parking spaces are not delineated or striped, including assumptions for unstriped off-street
27
lots. Walker’s parking functional designers may provide input to determine reasonable off-street
parking capacity.
1.3 Collect parking occupancy data throughout the study area, every two hours for on- and off-street
parking spaces on: 1
A. One (1) weekday from 7:00 am to 8:00 pm.
B. One (1) weekend day from 7:00 am to 8:00 pm.
C. Off-street parking locations containing three or fewer spaces may not be counted.
D. One of these days of data collection will take place when a show or event is taking place at
the High Street Arts Center.
1.4 An additional occupancy count will be performed in the study area during an evening when there
is no event occurring at the High Street Arts Center (5:00 pm to 8:00 pm) to allow for a comparison
of event and non-event parking impacts.
1.5 Collect parking turnover (length of stay) data (using license plate data) hourly from 10:00 am to
8:00 pm for cars parked on-street within the study area along High Street, Walnut Street, Bard
Street and Magnolia Street on one weekday.
1.6 On Charles Street, collect parking length of stay data (license plate) during one residential busy
hour as shown by presence factors in Walker’s shared parking model (early morning or evening)3
and then at 12:00 noon, 3:00 pm and 6:00 pm, four counts total, during a non-street cleaning and
non-garbage pick up day. The purpose of this effort is to understand the residential parking
demand on the street throughout the day.
1.7 Receive event attendee information from the High Street Arts Center to calibrate parking demand
observations with number of attendees.
1.8 Summarize parking inventory and demand information for A. the busiest non-theater event day
period and B. the theater event day. Data will be presented in tabular, map and narrative format
in a memorandum format.
1.9 Address one written set of comments from City staff in finalized memorandum.
1.10 Present findings in one public meeting.
1.11 A parking management plan is not envisioned as part of this Scope of Services.
TASK 2.0 THEATER PARKING MANAGEMENT PLAN
The following scope for a theater management plan assumes completion or parallel effort of the downtown
parking demand analysis taking place.
2.1 Confirm with the City any further background re the High Street Arts Center parking impacts and
needs. Discuss any stakeholder comments/concerns that should be reviewed and considered
during this analysis.
1 Parking inventory and occupancy data for off-street parking associated with residential uses will not be collected.
3 Both evening and early morning counts can be gathered but should y ield approximately the same information. Only one is
suggested in order to minimize costs to the City.
28
2.2 Receive information from the City on the theater parking lot and any nearby parking lots and
spaces that may be considered for shared parking use, including both public and private lots. This
would include any information around the current use of the lots/spaces, probability of shared
use by the theater, and any anticipated usage charges or agreements that may need to be
implemented for the theater to utilize the shared parking.
2.3 Based on 2.2 and 2.3 above, Walker’s site visit, and Walker’s professional knowledge of municipal
and theater parking, Walker will determine an efficient layout for the current theater parking lot
and review opportunities for off-site shared parking solutions in the area. Walker’s
recommendation will include whether a valet operation could be put implemented to optimize
parking for theater patrons. If valet opportunities are found to exist, Walker will provide sketches
that show a possible high-level valet parking layout.
2.4 In conjunction with the proposed valet layout, Walker will provide high-level recommendations
around operational concepts and staffing needs that may assist the City in implementing a
successful parking plan.
2.5 Provide the City with a draft memo that summarizes our recommendations.
2.6 Teleconference with the City to discuss the draft memo, gather one set of consolidated
comments, a prepare a final report that incorporates the consolidated comments.
SCHEDULE
Walker anticipates beginning work within two weeks of signing an agreement and delivering a draft report within
five to six weeks, likely within three weeks of completing field data collection. We anticipate finalizing the
document within one to two weeks of receiving comments, provided that no additional data collection is
requested.
29
PROFESSIONAL FEE
We propose performing the outlined Scope of Services for Task 1.0 for a lump sum fee of $25,250 (twenty five
thousand two hundred and fifty dollars) including all typical expenses. We propose performing the Task 2.0 Scope
of Services for a lump sum fee of $4,250 including all typical expenses, provided that the Task 2.0 scope is
performed at the same time or after Task 1.0.
Our goal is your complete satisfaction. If any part of this agreement does not meet your needs, please let us know
and we will work to provide a proposal that does so.
Sincerely,
WALKER CONSULTANTS
Steffen Turoff
Principal, Director of Planning Studies
Enclosures General Conditions of Agreement for Consulting Services
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to acknowled ge your acceptance of the
terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this
agreement for our records.
CITY OF MOORPARK
Accepted by (Signature)
Printed Name
Title
Date
30
SERVICES
Walker Consultants (“Walker”) will provide the CLIENT professional services that are limited to the work
described in the attached letter (“the services”). Any additional services requested will be provided at our
standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance
with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the
specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated. All documents
prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of
this work, for new projects, or for completion of this project by others without Walker’s specific written consent
will be at CLIENT’s sole risk.
PAYMENT FOR SERVICES
Prior to commencement of services the CLIENT agrees to make an Initial Payment to Walker in an amount equal
to 20% of the total fee or as stated in the attached letter. This amount will be credited to the last invoice(s) sent
to the CLIENT. Walker will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of
specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long
distance telephone and facsimile charges, additional service consultants, and other project related expenses.
Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER
within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT
agrees to pay Walker a monthly late charge of one and one half percent (1½%) per month of any unpaid balance
of the invoice.
STANDARD OF CARE
Walker will perform the services in accordance with generally accepted standards of the profession using
applicable building codes in effect at time of execution of this Agreement. Walker’s professional liability
caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater.
Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the
CLIENT. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent
uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected
results and such variations may be material. As such, Walker makes no warranty or representation, express or
implied, as to the accuracy of the estimates or projections.
PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2)
thirty (30) days after final documents are delivered to the CLIENT.
31
RESOLUTION NO. 2019-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2019/20 BUDGET TO APPROPRIATE $22,250.00
FROM THE GENERAL FUND (1000) FOR A
QUANTITATIVE ANALYSIS OF DOWNTOWN PARKING
CONDITIONS
WHEREAS, on June 19, 2019, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2019/20; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an agreement with Walker Consultants, for a quantitative analysis of
downtown parking conditions; and
WHEREAS, a budget amendment of $25,250.00 is requested from the General
Fund (1000) to finance the cost of a quantitative analysis of downtown parking
conditions; and
WHEREAS, Exhibit A, attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment of $25,250.00 from the General Fund (1000)
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 18th day of September, 2019.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
32
EXHIBIT A
BUDGET AMENDMENT FOR
GENERAL FUND
QUANTITATIVE ANALYSIS OF DOWNTOWN PARKING CONDITIONS
FY 2019/20
FUND BALANCE
ALLOCATION:
Fund Title
Fund-Account
Number Amount
General Fund 1000-000-00000-33990 $25,250.00
Total $25,250.00
EXPENDITURE APPROPRIATION:
Account Number
Current
Budget Amendment
Adjusted
Budget
1000-161-00000-51040 $79,378.58 $25,250.00 $104,628.58
Total $79,378.58 $25,250.00 $104,628.58
33
Lot
Number 1 2 3 4 5 6 7 8 9
Capacity 125 spaces 8 spaces 8 spaces 60 spaces 13 spaces in
Chamber of
Commerce lot plus
large unstriped
areas
Large unstriped
lot to be partially
improved with
Lot 7
64 spaces (expanded to
93 with improvement
project and portion of
adjacent Lot 6)
47+ spaces (temporary
striping plan)
208 spaces
Restrictions 11 reserved for
City vehicles, 5
reserved for Active
Adult Center
Gated and
reserved for
use by Arts
Center
Gated and
reserved for
use by Arts
Center
No
overnight
parking
No overnight
parking
No overnight
parking
Restricted to use by
commuter and no
overnight parking
No overnight parking Restricted to use by
commuters and limited stalls
designated for overnight
parking
Ownership City of Moorpark City of
Moorpark
City of
Moorpark
City of
Moorpark
City of Moorpark City of Moorpark Ventura County
Transportation
Commission
City of Moorpark (smaller
lot) and City Successor
Agency (larger lot)
Ventura County
Transportation Commission
3
1
7 8
2
4 5 6
9
ATTACHMENT 3
34