HomeMy WebLinkAboutAGENDA REPORT 2021 0602 CCSA REG ITEM 10LCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 2, 2021
ACTION APPROVED STAFF
RECOMMENDATION.
L. Consider an Agreement with Hartzog & Crabill, Inc. for Traffic Engineering
Services. Staff Recommendation: Authorize the City Manager to sign the
Agreement with Hartzog & Crabill, Inc. in an amount not-to-exceed $50,000 for a
three-year term expiring June 30, 2024, subject to final language approval by the
City Manager. (Staff: Daniel Kim)
Item: 10.L.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 06/02/2021 Regular Meeting
SUBJECT: Consider an Agreement with Hartzog & Crabill, Inc. for Traffic
Engineering Services
BACKGROUND
On June 6, 2018, the City Council authorized the City Manager to sign an Agreement
with a total not-to-exceed amount of $50,000 with Hartzog & Crabill, Inc. (Hartzog &
Crabill) for traffic engineering services. Traffic engineering services include preparation
and review of technical reports and traffic analysis, striping and signing improvement
plans, traffic signal improvements, engineering traffic and speed surveys, and traffic
signal warrant analysis. The 2018 Agreement is for a three-year term, serving Fiscal
Years 2018/19, 2019/20, 2020/21, and expiring on June 30, 2021. Hartzog & Crabill
has served as the City’s traffic engineering consultant for several years and a new
Agreement is needed to continue services for the upcoming fiscal year and beyond.
DISCUSSION
The proposed, new Agreement for consideration will continue the task order model that
the 2018 Agreement established to track and manage individual scope of work and
projects effectively. The new Agreement will have a total not-to-exceed amount of
$50,000 for the next three-year term: Fiscal Years 2021/22, 2022/23, and 2023/24. The
primary task to be assigned to Hartzog & Crabill will be for the monitoring, adjusting,
and maintenance of traffic signal timing for all City-owned traffic signals. This work also
includes coordination with the City’s traffic signal maintenance contractor, Caltrans,
Metrolink, and utility companies.
The projected, annual traffic signal timing maintenance cost is estimated to be $12,500
per year, or $37,500 for the entire three-year term through June 30, 2024. The balance
of the not-to-exceed contract amount may be used for additional tasks that require
traffic engineering support services such as traffic analysis on development projects,
capital improvements projects, and traffic signal, signing and striping improvement
plans.
Item: 10.L.
352
Honorable City Council
06/02/2021 Regular Meeting
Page 2
FISCAL IMPACT
The proposed Agreement will have a total not-to-exceed amount of $50,000. In order
for the City to assign tasks to the proposed Agreement, sufficient funds will need to be
provided at the time that a task order is assigned and a specific scope of work is
developed for each project. The City’s draft FY 2021/22 budget has $20,000 in
expense line 2415-311-00000-51210 for traffic engineering services.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Agreement with Hartzog & Crabill, Inc. in an
amount not-to-exceed $50,000 for a three-year term expiring June 30, 2024, subject to
final language approval by the City Manager.
Attachment 1: Professional Services Agreement
Attachment 2: Hartzog & Crabill, Inc. Proposal, dated May 10, 2021
353
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND HARTZOG & CRABILL, INC.
FOR TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT, made and effective as of this day of ,
2021, between the City of Moorpark, a municipal corporation (“City”) and Hartzog &
Crabill, Inc., a California Corporation (“Consultant”). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for design evaluation, analysis and operations
regarding traffic engineering services as described in Exhibit C; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2024,
unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide design evaluation, analysis and operations regarding
traffic engineering services, as set forth in Exhibit C. In the event there is a conflict
between the provisions of Exhibit C and this Agreement, the language contained in this
Agreement shall take precedence. Consultant shall perform the tasks described and
set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates as stated in Exhibit
E or total contract value of fifty thousand dollars ($50,000.00), without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
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.
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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 Trammell Hartzog, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit E, based upon
actual time spent on the above tasks. This amount shall not exceed fifty-thousand
dollars ($50,000.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
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If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
Liquidated damages shall not be applicable for this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
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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 three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
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performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
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
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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 California Government Code Section 7550. At
the time of submission to the City of each Task Order (Exhibit D), Consultant shall
provide a signed, Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550 (Exhibit B), when
applicable, stating the dollar amount of the Task Order, including the dollar amount of
any subcontract. At the time of submission of the last Task Order, Consultant shall
submit a final Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550, indicating the total contract
amount for all documents or written reports, including the dollar amount of any
subcontract. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
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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.
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: Trammell Hartzog
Hartzog & Crabill, Inc.
17852 E. 17th St. Suite 101
Tustin, CA 92780
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.
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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.
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.
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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.
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.
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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 HARTZOG & CRABILL, INC.
__________________________________ __________________________________
Troy Brown, City Manager Trammell Hartzog, President
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.
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Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 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.
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6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
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deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
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19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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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: $ ____________
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.
Hartzog & Crabill, Inc.
______________________________________ ____________________
Signature, Title Date
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Exhibit C
SCOPE OF SERVICES
Consultant has the expertise to provide traffic engineering, analysis and review services
as detailed in the below Sections. Services include, but are not limited, to review of
traffic analyses for development projects consistent with City Municipal Code,
Intersection Level of Service (LOS), Circulation Element, the latest published Institute of
Transportation Engineer (ITE) Trip Generation Manual and industry standards, traffic
engineering and concept reviews. Services shall be provided on a Project Task basis,
as detailed in Section G below.
A. Conceptual Review: Items covered in Conceptual Review include a
determination of completeness, appropriateness of the internal street system,
proposed driveways, and planned or proposed traffic signals. In addition, an
assessment of trip generation, trip distribution, peak hour, access points and
related restrictions (i.e., right turning/out only), parking, on site circulation
including delivery vehicles, sight distance, parking lot lighting and signage will be
completed.
B. Review of Traffic Analysis Reports: Each Traffic Impact Analysis (TIA) shall be
reviewed and evaluated as a requirement of entitlement case processing. The
review shall include comments pertaining to completeness, any specific report
recommendations, proposed street improvements, proposed driveway
approaches or alleys, and an evaluation of street intersections and signal
modifications consistent will City of Moorpark Municipal Code, General Plan
requirements, and all applicable industry standards.
The assessment shall also consider potential traffic generation, trip distribution,
existing, proposed, and future intersection LOS, vehicular and pedestrian sight
distance, and parking/circulation. Consultant shall review potential traffic impacts
and recommend mitigation measures associated with the proposed development
projects and provide cost estimates for such mitigation measures.
C. Traffic Engineering: Consultant shall review existing striping, LOS analysis,
permit engineering evaluation report (PEER), Fact Sheet, intersections,
signalization and other traffic related issues as requested. These other issues
may include conducting investigations and prepare reports regarding requests for
traffic control device installations and modifications, such as traffic signals, stop
signs, parking regulations, speed zoning, channelization, marked crosswalks,
pedestrian and bicycle facilities, etc. Consultant shall discuss any specific
concerns with City staff to ensure a clear understanding of the issue. Traffic,
accident, roadway, and other data will be collected as needed and subject to City
approval. All studies, analysis, and conclusions will be performed in compliance
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with all appropriate local agency requirements and guidelines. Traffic counts can
be ordered and billed on a time-and-materials basis, when required.
D. Review of Traffic Signal and Striping Plans: Consultant shall provide expertise
required to meet traffic signal and striping plans, and signal timing sheets.
E. Technical Advice on Traffic Safety, Traffic Facilities, Accident Rates, and Other
Traffic-Related Issues: Consultant shall review citywide accident records to
identify any problem areas. Appropriate investigations shall be conducted,
priorities identified, cost estimates developed, and recommendations shall be
continuously made to City management.
F. Work with County, Caltrans, Local Law Enforcement Agencies, and Other
Appropriate Agencies on Traffic-Related Issues: Consultant shall identify the
participating agency, determine specific requirements, meet with the agency as
necessary, and coordinate with City staff.
G. Individual Project Task Orders: Upon request by the City, Consultant will submit
for City review an individual project proposal including a description of the work
to be performed and a combined not-to-exceed amount. City shall assign a Task
Order Number to the project proposal along with a Task Order Form (Exhibit D)
for signature of both Consultant and City.
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Exhibit D
SAMPLE TASK ORDER
TRAFFIC ENGINEERING SERVICES
Reference Agreement No.:
Task Order No.:
Consultant: Hartzog & Crabill, Inc.
Date of Original Agreement:
Not-to-Exceed Amount of Original
Agreement: $________________
Value of Prior Task Orders
Assigned to Original Agreement: $________________
Amended Not-to-Exceeded Amount
(if applicable): $________________
Remaining Agreement Amount: $________________
Not-to-Exceed Amount of This Task
Order: $________________
Balance Remaining: $________________
Date of This Task Order:
Purchase Order Number:
Project Title:
Consultant shall perform scope of services as detailed in Attachment _ to this Task
Order No. _ for the total not-to-exceed amount as detailed in the attachment.
All other provisions of the above-mentioned Agreement shall remain in full force and
effect.
CITY OF MOORPARK HARTZOG & CRABILL, INC.
__________________________________ __________________________________
Troy Brown, City Manager Trammell Hartzog, President
Date:__________________ Date:__________________
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Exhibit E
373
Consulting Traffic Engineers to Government Agencies
May 10, 2021
Mr. Daniel Kim, P.E.
City Engineer
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Proposal to Provide “Traffic Engineering Services for Traffic
Signal Operations” for FY’s 2021/22 – 2023/24
Dear Mr. Kim:
Hartzog & Crabill, Inc. (HCI) is pleased to submit this proposal to continue
providing professional traffic engineering services to the City of Moorpark
for the monitoring of various traffic signals and managing the traffic signal
coordination system. Our services include those tasks necessary to
monitor, troubleshoot, and report repairs on those traffic signals using the
Econolite controllers on the Aries traffic signal management system in the
City of Moorpark during the next 3-year term.
Mr. Trammell Hartzog, our company president, will continue to serve as
the Project Manager for these services, and will be the primary contact
between HCI and the City of Moorpark. Our Traffic Signal Systems
Supervisor, Mr. Greg Cabey, and our Signal Systems Specialist, Mr.
Michael Powers will also serve the City on these services. Our Associate
Engineer, Mr. Michael Vallado, will remain available to the City for any
administrative assistance.
PROJECT UNDERSTANDING
The City has identified the need to retain the services of a qualified firm to
provide traffic signal operations support services. It is our understanding
that the City desires and has requested this proposal from HCI to continue
these support services to manage traffic signal system operations on the
City’s traffic signals that are ‘on-line’. We understand that the City utilizes
Econolite ASC/2, ASC/3, and Cobalt controllers as their local traffic signal
controllers, which are interconnected with master controllers.
As you know, HCI is very familiar with this request since we continue to
monitor and manage many Southern California cities’ ‘on-line’ traffic
signal systems daily from our offices through the use of the Aries and
Centracs Traffic Signal Management computer softwares. This system has
proven to be an asset to many of our client cities as the continuous
communication and monitoring proves to be a reliable means for more
efficient traffic signal operations, thereby minimizing traffic signal
complaints.
Trammell Hartzog, President
Gerald J. Stock, PE, TE,
Executive Vice President
17852 E. 17th Street
Suite 101
Tustin, CA 92780
Phone: (714) 731-9455
FAX: (714) 731-9498
www.hartzog-crabill.com
ATTACHMENT 2
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Mr. Daniel Kim, P.E.
May 10, 2021
Page 2
SCOPE AND SERVICES
Our understanding of the City’s traffic signal system is that the City maintains and operates (17)
signalized intersections using Econolite controllers. These signals are interconnected to master
controllers by hardwire interconnect or telephone-drop, which are accessed off-site by telephone
modems.
Task 1 – Setup Communication Services
As HCI has already setup the Scheduled Operations on the Aries program specifically for the
City of Moorpark’s system in order to automatically perform a variety of tasks (Task 2), HCI
does not require setup time and will continue to monitor the City’s ‘on-line’ traffic signal
operations.
Task 2 – Monitor and Provide Traffic Signal Support
HCI will continue to provide a Traffic Signal Systems Supervisor for the monitoring support on
the City of Moorpark’s ‘on-line’ traffic signals. More specifically, the Aries functions and
Supervisor’s time spent on these services will include performing the following daily sub-tasks:
1. The Scheduled Operations will automatically gather/store historical data and real-time
information on all City of Moorpark’s traffic signal operations programmed in Aries;
2. This data is reviewed daily to verify that the ‘on-line’ traffic signals are in good working
order;
3. Any malfunctions logged are reviewed and reported to the City’s designated traffic signal
maintenance contractor, for dispatch;
4. The historical data is also analyzed to identify traffic volumes and patterns in order to
assist in determining if adjustments to signal timing is necessary;
5. HCI will also verify if all timing is programmed correctly in each master and controller.
Task 3 – Provide Traffic Signal Monitoring “Reporting” Services
Regarding this task, HCI will include the following sub-tasks at our standard monthly fee in our
“on-going” services agreement:
1. HCI staff will report all traffic signal problems and malfunctions to the City’s traffic
signal maintenance contractor within the next business day;
2. HCI staff will coordinate applicable work associated with the City’s traffic signal
maintenance contractor and also provide verification to the City of their completed work;
3. HCI will provide the City with a monthly report of problems addressed on their traffic
signal equipment upon request.
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Mr. Daniel Kim, P.E.
May 10, 2021
Page 3
SCOPE AND SERVICES (continued)
Task 4 – Provide Traffic Engineering Coordination Services
Regarding this task, HCI typically offers the following services to our client cities on a Time-
and-Materials (T&M) basis in our professional services agreement:
1. HCI staff will assist the City in addressing traffic signal control complaints by speaking
by phone/email/in-person with the resident/contact-person on their specific
request/complaint;
2. HCI staff will complete the necessary investigation and make recommendations to the
City on identified traffic signal improvements, such as any new coordinated signal
control systems, more efficient signal phasing, equipment upgrade, and timing
adjustments, etc.;
3. As requested by City, HCI will investigate other timing requests on the traffic signals that
are not ‘on-line’ (i.e., not included in a traffic signal system to be monitored remotely),
which may require field-review.
4. If necessary and approved by the City, HCI will collect/update traffic counts as part of
our investigation;
5. Assist the City with requests regarding their traffic signal maintenance contractor (i.e.,
review of invoices, change orders, agreements/contracts, bidding documents, etc.);
6. Provide bidding documents to City for project-specific signal improvements in order to
expedite ordering of long lead-time equipment (such as poles or controller cabinets).
TIME SCHEDULE
HCI staff is available and ready to continue these traffic signal monitoring services. Upon
receipt of the City’s notice-to-proceed, our staff will continue with the on-going daily monitoring
on the ‘on-line’ traffic signals. We will continue to evaluate the City’s ‘on-line’ traffic signal
system and, if necessary, make recommendations to the City on how to communicate with each
of them more effectively.
These services will be provided to the City of Moorpark to cover the upcoming (3) fiscal year
annual periods between July 1, 2021 and June 30, 2024.
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Mr. Daniel Kim, P.E.
May 10, 2021
Page 4
PROFESSIONAL FEES
Since the City is operating many of their signals with Econolite controllers, HCI proposes to
continue our typical traffic signal system monitoring services to the City of Moorpark for ‘on-
line’ signals. We will utilize our corresponding Aries Traffic Management System software to
communicate with and provide the monitoring services on the City’s ‘on-line’ traffic signals, as
detailed in our Scope of Services, to the City through June 30, 2024, which are estimated at
$12,500.00 per year, or $37,500 for the entire 3-year period.
The figure above was calculated by estimating our Traffic Signal Systems Supervisor continuing
to work at the approximate average rate of (1.92) hours/week (approximately 7.7 hours/month),
exclusively on the City of Moorpark’s traffic signal system. The Supervisor rate of $135.00/hr
results in approximately $1,039.50/month, or $12,474.00 per 12-month period.
Additional requested tasks, such as attendance at any staff meetings or City Council meetings, or
any activities outside the proposed Scope of Services, will be invoiced on a time-and-materials
basis per our current fee schedule unless previous fee agreement is made with City staff.
Invoicing for any additional work above-and-beyond what is detailed in our Scope of Work may
typically include hours for a Principal, Senior and/or Associate Engineer, as well as the Traffic
Signal Systems Supervisor and Specialist positions. For your reference, we have also attached
our current Fee Schedule.
Thank you again for the opportunity to continue serving your community and providing these
traffic signal operations services. We look forward to continue working with you and your staff
on these services. If you may have any questions or need more information, please feel free to
call us at (714) 731-9455.
Very truly yours,
HARTZOG & CRABILL, INC.
Trammell Hartzog
President
Attach: Schedule of Hourly Rates
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Hartzog & Crabill
Consulting Engineers
17852 E. 17th Street, Suite 101, Tustin, CA 92780 (714) 731-9455
Schedule of Hourly Rates
Classification Hourly Rates
Expert Witness / Deposition....................................................................................... $285
Litigation Consultation............................................................................................... $255
Two-Person Survey Crew........................................................................................... $255
Litigation Field Evaluation......................................................................................... $230
Principal Consultant......................(Tram Hartzog & Jerry Stock, PE, TE)........... $175
Project Manager.......................................................................................................... $165
Registered Land Surveyor........................................................................................... $160
Senior Engineer………………….(Scott Ma, PE, TE & Bernie Dennis, TE)…..... $150
Storm Water Permit Compliance Engineer................................................................. $150
Associate Engineer.........................(Michael Vallado)................................................ $145
Construction Manager................................................................................................. $135
Traffic Signal System Supervisor…(Greg Cabey)...................................................... $135
Mural Artist.................................................................................................................. $135
Senior Designer..............................(Todd Hartzog & Dave Martorano)................... $130
Traffic Signal Systems Specialist...(Dave Pickrell & Michael Powers)..................... $125
Assistant Engineer........................................................................................................ $120
Draftsperson.................................................................................................................. $100
Technician..................................................................................................................... $ 85
Word Processor............................................................................................................. $ 70
Clerical.......................................................................................................................... $ 55
* Traffic Counts (Cost, plus 15%)............................................................................ $ *
Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be
invoiced at Cost. These other direct costs are included in the not-to-exceed values for the
aforementioned scope of services. A 15% fee for administration, coordination and handling will
be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1,
2020. Rates may be adjusted after that date to compensate for increases of inflationary trends.
Mileage shall be per current IRS rate (rate can be found at the following link:
https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2021.
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