HomeMy WebLinkAboutAGENDA REPORT 2025 0219 CC REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 19, 2025
ACTION APPROVED STAFF
RECOMMENDATIONS INCLUDING
ADOPTION OF RESOLUTION NO. 2025-
4297. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
A. Consider Resolution Establishing a New Capital Improvement Program (CIP)
Project (C0078) "18 East High Street Sewer Repair and Parking Lot Repaving
Project"; Amending the Fiscal Year 2024/25 Budget by Appropriating $93,130.80
from the General Fund to CIP C0078; and Approving an Agreement with Phoenix
Civil Engineering, Inc. for Design and Construction Management Services and
Approving a Determination of Exemption in Association Therewith Pursuant to the
California Environmental Quality Act. Staff Recommendation: 1) Adopt Resolution
No. 2025-4297 establishing a new Capital Improvement Program Project (C0078)
"18 East High Street Sewer Repair and Parking Lot Repaving Project" and
amending the Fiscal Year 2024/25 budget to appropriate $93,130.80 from
Unallocated Fund Balance in the General Fund to CIP C0078; and 2) Approve an
Agreement with Phoenix Civil Engineering, Inc. for design and construction
management services related to the sewer repair and parking lot repaving at 18
East High Street; and authorize the City Manager to sign the agreement, subject
to final language approval by the City Manager. (ROLL CALL VOTE REQUIRED)
(Staff: PJ Gagajena, Assistant City Manager)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 02/19/2025 Regular Meeting
SUBJECT: Consider Resolution Establishing a New Capital Improvement
Program (CIP) Project (C0078) “18 East High Street Sewer Repair and
Parking Lot Repaving Project”; Amending the Fiscal Year 2024/25
Budget by Appropriating $93,130.80 from the General Fund to CIP
C0078; and Approving an Agreement with Phoenix Civil Engineering,
Inc. for Design and Construction Management Services and
Approving a Determination of Exemption in Association Therewith
Pursuant to the California Environmental Quality Act
BACKGROUND
In December 2023, the City of Moorpark discovered a lateral sewer line was damaged at
18 East High Street, which is a City-owned property with a building and parking lot leased
to the Moorpark Chamber of Commerce for $1 per year. The broken sewer line was
caused during construction of the High Street Depot Project located east of the site due
to the sewer lateral connection not being shown on utility maps. During the subsequent
months, the City worked with the Daly Group, Inc. (Daly Group), the developer of the High
Street Depot Project, and the Ventura County Waterworks District to determine a course
of action.
During the City Council meeting on October 2, 2024, staff recommended the City to make
repairs and construct a new sewer lateral connection from the parking lot at 18 East High
Street to an existing sewer main line located on High Street just north of the property and
in front of the High Street Arts Center. The estimated cost for design and construction of
the sewer line was $162,602 with contingencies. Due to this high capital cost and
possible impacts to the future use of the building and parking lot, the City Council
requested staff to identify short- and long-term options for the site to discuss at a future
City Council meeting.
On November 6, 2024, staff presented to the City Council various short- and long-term
options for the site with costs ranging from $2,000 to $736,602. These options included
vacating and boarding up the building, demolishing the building with added fencing and
Item: 9.A.
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02/19/2025 Regular Meeting
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landscaping, or making small- to large-scale improvements to the site and building. The
matter was continued to the City Council meeting of November 20, 2024, and staff shared
at that time that the Daly Group was willing to contribute $32,512 towards the repair of
the sewer line. The City Council decided to not only repair the sewer line but also repave
the parking lot due to its poor condition. Staff then proceeded to request an estimate for
the cost of design and construction management for these repairs and improvements.
DISCUSSION
There are several maintenance techniques that are considered when repairing parking
lots. The simplest is a crack seal and slurry combination whereby the contractor seals all
cracks wider than 0.5” with an asphalt crack sealer and covers the entire parking lot with
a slurry seal prior to striping. If the parking lot has areas of spalling, whereby the asphalt
has cracked through the sub-base section and separated in variable size pieces, these
areas can be removed and replaced with a new asphalt paving section. In some instance
where the parking lot has excessive cracking but does not show signs of structural
damage or excessive spalling, the contractor can grind the parking lot by approximately
2” and apply a new topical layer. The worst-case scenario requires a complete repave,
requiring the removal and replacement of the parking lot due to excessive spalling.
Due to its condition, the parking lot at 18 East High Street will require a complete repave.
The spalling and cracking throughout the parking lot has extended through the sub-base
and will not be able to be repaired with a crack seal and slurry combination. Additionally,
the asphalt section is sub-standard and is only between 2” and 3” depth. Typically, a
parking lot section includes a 4” asphalt layer over 6” of compacted sub-base. Because
of the sub-standard asphalt section, grinding and installing a topical asphalt layer will not
be possible. The need to bring the parking lot into compliance with Americans with
Disability Act (ADA) further challenges the project; the parking areas do not meet the
requirements of the Americans with Disability Act (ADA) and requires re-grading to meet
minimum slope standards as part of the project. An ADA compliant walkway will need to
be constructed from High Street to the front door of the building, and a new driveway
apron at the entrance of the parking lot will also need to be constructed since the existing
apron does not provide for an ADA compliant sidewalk within the public right-of-way.
Lastly, a 6” concrete curb will need to be constructed around the perimeter of the parking
lot. This is due to the fact that Moorpark Municipal Code Section 17.32.040(C)(5) does
not allow wheel stops in parking lots. The concrete curb acts as the wheel stop and keeps
vehicles from crossing over the asphalt edge.
Since construction of this sewer line and repaving of the parking lot is considered a new
Capital Improvement Program (CIP) project, the City Council must approve it as CIP
project number C0078 and authorize the budget for design and construction management
services. The work will be performed by Phoenix Civil Engineering, Inc. (Phoenix), which
is an engineering services company that has provided engineering and construction
management services for the City on several occasions. Most recently, Phoenix
completed the construction plans and specifications for the north Metrolink Parking lot,
including construction management services. The City has determined that contracting
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with Phoenix will offer consistency in parking lot design similar to other public parking
spaces on High Street. The total cost for a topographic survey, construction plans and
specifications, materials testing, and construction management services is $78,130.80,
which consists of $71,028.00 in estimated costs plus a 10% contingency of $7,102.80.
Phoenix charges on a time and materials basis for construction management services
and will only be paid for actual time spent on the project. An additional $15,000 is also
budgeted for permitting and plan review fees from the Ventura County Waterworks District
and Watershed Protection District. The overall total cost for this phase of the project is
$93,130.80.
Once Phoenix completes the sewer design and parking lot repaving plans, the work will
be bid out to construction companies through a formal Notice Inviting Bids as required by
the Public Contract Code. Note the costs presented to the City Council on November 20,
2024, included $132,528 for the sewer line repair and approximately $125,000 to repave
the parking lot, including the ADA improvements mentioned previously. The total
construction costs are estimated at approximately $257,528. However, the exact
construction costs will not be known until the project is bid out and cost estimates are
received. Staff will provide these construction costs to the City Council at a future
meeting.
Per the direction of the City Council, the City Council has formed an ad hoc committee to
meet with the Chamber of Commerce to discuss additional community benefits that the
Chamber may provide which serve to offset some of the costs associated with the
reconstruction of the sewer line and parking lot.
Project design by Phoenix will take approximately four to six weeks and the Notice Inviting
Bids process and actual construction may take between four to six months. However,
City staff will attempt to expedite this timeline as much as possible due to the urgent
nature of this project.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
The total estimated cost for design and construction management services for the sewer
line and repaving of the parking lot along with the cost of County fees is $93,130.80. This
consists of $78,130.80, including contingencies, for design and construction management
services and $15,000 for permitting and plan review fees from the Ventura County
Waterworks and Watershed Protection Districts. The 18 East High Street Sewer Repair
and Parking Lot Repaving Project (C0078) requires a budget appropriation from the City’s
Unallocated General Fund Balance and will be processed through a budget amendment
for Fiscal Year 2024/25.
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02/19/2025 Regular Meeting
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COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2025-____ establishing a new Capital Improvement
Program Project (C0078) “18 East High Street Sewer Repair and Parking Lot
Repaving Project” and amending the Fiscal Year 2024/25 budget to appropriate
$93,130.80 from Unallocated Fund Balance in the General Fund to CIP C0078;
and
2. Approve an Agreement with Phoenix Civil Engineering, Inc. for design and
construction management services related to the sewer repair and parking lot
repaving at 18 East High Street; and authorize the City Manager to sign the
agreement, subject to final language approval by the City Manager.
Attachment 1: Draft Resolution No. 2025-____
Exhibit A: Budget Amendment
Attachment 2: Agreement with Phoenix Civil Engineering
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ATTACHMENT 1
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
(C0078) “18 EAST HIGH STREET SEWER REPAIR AND
PARKING LOT REPAVING PROJECT” AND AMENDING
THE FISCAL YEAR 2024/25 BUDGET APPROPRIATING
$93,130.80 FROM UNALLOCATED FUND BALANCE (1000)
TO 18 EAST HIGH STREET SEWER REPAIR AND
PARKING LOT REPAVING PROJECT (C0078); AND
APPROVING AN AGREEMENT WITH PHOENIX CIVIL
ENGINEERING, INC. FOR DESIGN AND CONSTRUCTION
MANAGEMENT SERVICES
WHEREAS, on June 19, 2024, the City Council adopted the Operating and Capital
Improvement budget for Fiscal Year (FY) 2024/25; and
WHEREAS, on February 19, 2025, a staff report was presented to the City Council
recommending establishment of a new Capital Improvement Program (CIP) Project
(C0078) “18 East High Street Sewer Repair and Parking Lot Repaving Project” to track
expenses associated with the design and construction of a sewer line and repaving of a
parking lot at 18 East High Street including the cost of fees from the Ventura County
Waterworks and Watershed Protection Districts; and
WHEREAS, on February 19, 2025, a staff report was presented to the City Council
requesting a budget amendment to appropriate $93,130.80 from Unallocated Fund
Balance Fund (1000) to the 18 East High Street Sewer Repair and Parking Lot Repaving
Project (C0078); and
WHEREAS, Exhibit “A” attached hereto and made a part hereof, describes said
budget amendment and the resulting impact to the line item; and
WHEREAS, on February 19, 2025, a staff report was presented to the City Council
requesting approval of an agreement with Phoenix Civil Engineering, Inc. for design and
construction management services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment to appropriate $93,130.80 from Unallocated
Fund Balance Fund (1000) to the 18 East High Street Sewer Project (C0078), as more
particularly described in Exhibit “A”, attached hereto, is hereby approved.
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Resolution No. 2025-____
Page 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of February, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Attachment: Exhibit “A” – Budget Amendment
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Resolution No. 2025-____
Page 3
FUND BALANCE ALLOCATION:
Fund Title Unassigned Fund Bal Revision Amended Balance
General Fund (1000)601,172.32$ (93,130.80)$ 508,041.52$
-$
-$
Total 601,172.32$ (93,130.80)$ 508,041.52$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000-171-C0078-55300 -$ 93,130.80$ 93,130.80$
Total -$ 93,130.80$ 93,130.80$
EXHIBIT A
BUDGET AMENDMENT FOR
18 EAST HIGH STREET SEWER REPAIR AND PARKING LOT REPAVING PROJECT (C0078)
FY 2024/2025
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ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC.
FOR DESIGN AND CONSTRUTION MANAGEMENT SERVICES FOR SEWER
REPAIR AND PARKING LOT REPAVING AT 18 EAST HIGH STREET
THIS AGREEMENT, made and effective as of ____________________, 2025,
between the City of Moorpark, a municipal corporation (“City”) and Phoenix Civil
Engineering, Inc., a corporation (“Consultant”). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for civil engineering design and construction
management services related to the sewer repair and parking lot repaving at 18 East
High Street; 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 February 5, 2025,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide trail design 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.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of seventy-one thousand and twenty-eight dollars ($71,028.00) as stated in
Exhibit C, plus a 10% contingency in the amount of seven thousand one hundred and
two dollars and eighty cents ($7,102.80) with a total not-to-exceed value of seventy-
eight thousand one hundred and thirty dollars and eighty cents ($78,130.80), without a
written Amendment to the Agreement executed by both parties. Payment by City to
Consultant shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Jon Turner, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed seventy-one
thousand and twenty-eight dollars ($71,028.00) as stated in Exhibit C, plus a 10%
contingency in the amount of seven thousand one hundred and two dollars and eighty
cents ($7,102.80) with a total not-to-exceed value of seventy-eight thousand one
hundred and thirty dollars and eighty cents ($78,130.80), 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
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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.
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
Not required in this agreement.
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9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of 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
Indemnification and Defense for Design Professional, as defined in California
Civil Code Section 2782.8: To the fullest extent permitted by law, Consultant shall
indemnify, defend and hold harmless City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities,
damages, costs and expenses, including attorney’s fees and costs, to the extent they
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense
costs incurred by City in direct proportion to the Consultant’s proportionate percentage
of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court
of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of
settlement or resolution without a court, jury or arbitrator having made a determination
of the Consultant’s percentage of fault, the parties agree to mediation with a third party
neutral to determine the Consultant’s proportionate percentage of fault for purposes of
determining the amount of indemnity and defense cost reimbursement owed to the City.
For all other liabilities: Notwithstanding the foregoing and without diminishing any
rights of City in the preceding paragraph in Section 10, for any liability, claim, demand,
allegation against City arising out of, related to, or pertaining to any act or omission of
Consultant, but which is not a design professional service, Consultant shall defend,
indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified
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Parties”) from and against any and all damages, costs, expenses (including reasonable
attorney fees and expert witness fees), judgments, settlements, and/or arbitration
awards, whether for personal or bodily injury, property damage, or economic injury, and
arising out of, related to, any concurrent or contributory negligence on the part of the
City, except for the sole or active negligence of, or willful misconduct of the City.
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
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
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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,
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.
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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
323 Science Drive
Moorpark, CA 93021
To: Principal Engineer
Phoenix Civil Engineering, Inc.
535 E. Main Street
Santa Paula, CA 93060
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. 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.
25. 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.
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26. 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.
27. 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.
28. 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.
29. 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.
30. 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 PHOENIX CIVIL ENGINEERING, INC.
__________________________________ __________________________________
Troy Brown, City Manager Jon Turner, Principal Engineer
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and 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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Phoenix Civil Engineering, Inc. Page 11 of 15
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.
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 Consultant 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.
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Phoenix Civil Engineering, Inc. Page 13 of 15
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
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Phoenix Civil Engineering, Inc. Page 14 of 15
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: $ 71,028
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.
Phoenix Civil Engineering, Inc.
Jon Turner, Principal Engineer Date
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Mr. Jeremy Laurentowski February 5, 2025
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Chamber of Commerce Sewer and Parking Lot Project – Engineering Design
and Construction Management Services
Dear Jeremy-
I am pleased to provide you with this proposal for civil engineering services assisting you with the
parking lot pavement replacement design and installation of sewer lateral and cleanout at the Chamber of
Commerce building in the City of Moorpark (Exhibit A). This project will connect the approximately
220 LF of sewer lateral from the building at the SE corner of E High St and Moorpark Ave to the existing
County of Ventura sewer main in E High St. The existing parking lot surrounds the building on the south
and east sides, with access off of E High St. The proposal is for civil engineering services to provide
plans, specifications and an opinion of probable cost to replace/redesign the parking lot, install an
accessible ramp to the building, modify the east side tree wells to address root uplift and install a new
sewer lateral and associated cleanout for the building. Phoenix Civil Engineering, Inc. (Phoenix) will be
assisted by Metz Surveying Inc. (Metz) to provide the topographical survey of this location. Phoenix will
assist the City through Construction phase services. Union Materials Testing, Inc. (UMT) will provide
materials testing and inspection during construction for the sewer lateral installation only. No
construction inspection will be provided for the parking lot portion of the project as the City has indicated
that the lot is temporary. It is not envisioned that geotechnical services are needed for this design project.
It is assumed that the City of Moorpark will be performing plan check services and will be managing and
coordinating any permitting required through the County of Ventura.
I appreciate the opportunity to submit this proposal to assist you with City projects. I have attached our
Professional Services Rate sheet. Subconsultant costs will be marked up 10%.
Please let me know if you have any questions or would like to discuss my proposal.
Sincerely,
______________________________
Jon Turner, PE
Principal Engineer
EXHIBIT C
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Scope of Services
Phase 1
Task 101: Site Visits and Meetings
This task will involve the design team meeting with the City staff to have discussions about the proposed
replacement and design options, reviewing overall project schedule and coordination efforts between the
City and design team. Two meetings at the site are expected to view the existing conditions and review
City staff concepts of the issues.
The following efforts are included in this task:
• Discuss the project aspects and data sharing components for the work.
• Obtain any City provided data for the efforts of the design team (record drawings).
• One site walk.
• One team meeting.
Deliverable: Site meetings with City will be summarized and (.pdf) will be provided documenting design
decisions.
Task 102: Topographical Survey
Metz Surveying will perform a topographic survey of the above-mentioned project areas (Exhibit A). The
topographic survey will collect all topographic site features and surface utilities using a combination of
Trimble R8-4 GPS and Trimble SX-12 Scanner/Robotic total station equipment. Ground elevations will
be provided throughout the site, extending to the centerline of neighboring streets. Elevations will be
obtained along the edge of pavement, top of curb, flow line, gutter edge, edge of sidewalk, back of walk,
and right-of-way/property line. Invert elevations of accessible structures within the project boundary will
be obtained. This includes the sewer mainline through nearby manholes, and the County of Ventura
storm drain structure through access points located in E. High St.
Detailed elevation information will be provided along all ramps, staircases, as well as within designated
accessible parking areas. The survey will consist of elevations and/or locations of above ground utilities,
trees (4” diameter at breast height and greater), ditches/swales and drainage structures, as well as signing,
fences, building exterior walls, and striping features.
The survey will be tied horizontally to the California State Plane coordinate system (NAD83) and
vertically to the Ventura County Public Works Benchmark network (NAVD 88)
The topographic survey will be delivered at 1” = 40’ scale in AutoCAD 2024 Civil3D format, with
contours generated at one-foot intervals. A DTM (Digital Terrain Model) will be provided for the project
site along with Point Cloud Data in either RCP or LAS format.
The following efforts are included in this task:
• Provide topographical survey file (.dwg format).
• Provide property line and right of way delineation.
• Collect invert information of accessible sewer mainline and storm drain structure within project
area.
Deliverable: This task will be used in the design. No deliverable is associated with this task.
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Phoenix Civil Engineering, Inc. Proposal for Chamber Parking Lot February 5, 2025
Page 3 of 8
Task 103: 30% Plans Preparation
After completion of Tasks 101 and 102, the design of the improvements shall be included in this task.
Plan sheets reflecting the proposed sewer lateral pipeline, connection to the County of Ventura sewer
pipeline, cleanout and parking lot improvements notes/information will be prepared. Technical
specifications for the improvements will be prepared and included in Word format to be included with the
City front end documents. The City will provide the front end documents. The project specifications will
reference Standard Specifications for Public Works Construction (SSPWC). A bid schedule for the
different items of work will be prepared. One of the goals is to reduce the overall asphalt
concrete/hardscape paving on the site in order to not have to install a Post Construction Best Management
Practices (PCBMP) device. Depending on the information from the survey and the overall final decision
on the parking lot layout, the PCBMP sheet listed below may not be needed. The City has stated that the
parking lot will not be a permanent installation and therefore it is the City’s decision not to utilize
geotechnical reports in the design. The City of Moorpark staff will coordinate and manage all County of
Ventura permitting and requirements. Any conditions or requirements put in place by the County of
Ventura will be communicated to Phoenix by the City of Moorpark. It is envisioned that the plan set will
be made up of the following sheets:
• Title Sheet
• Site Plan and Cross Section
• Civil Grading and Drainage Sheets
• MS4 PCBMP Design Sheet (this project is under an acre so a SWPPP is not required).
• Detail Sheets
The following efforts are included in this task:
• Development of project improvement design plans for the proposed building sewer lateral and
parking lot rehabilitation.
• Preparation of technical specifications for the improvements.
• Review meetings to discuss the comments.
Deliverable: A PDF set of 30% plans and draft technical specifications will be provided to the City
Project Manager for their review and distribution to the City team. One electronic copy of the project
deliverables package (.pdf) will be provided electronically.
Task 104: 60% Plans Preparation
Once the City review comments have been received relating to the 30% deliverable package, the project
plans and technical specifications will be completed to a 60% design, incorporating the review comments.
At this stage the Opinion of Probable Construction Cost (OPCC) will be prepared.
The following efforts are included in this task:
• Incorporation of City staff review comments on the 60% deliverable package.
• Preparation of the plans and specifications to a 60% level.
• Preparation of the draft OPCC.
Deliverable: A PDF set of 60% plans, draft technical specifications and OPCC will be provided to the
City Project Manager for their review and distribution to the City team. One electronic copy of the
project deliverables package (.pdf) will be provided electronically.
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Phoenix Civil Engineering, Inc. Proposal for Chamber Parking Lot February 5, 2025
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Task 105: Final Plans and Technical Specification Deliverable
Once the City review comments have been received relating to the 60% deliverable package, the project
plans, technical specifications and OPCC will be finalized, incorporating the review comments. The City
of Moorpark will submit and facilitate the permit approval through the County of Ventura, if required for
work around the existing storm drain facility in High St.
The following efforts are included in this task:
• Incorporation of City staff review comments on the final deliverable package.
• Finalization of the plans, specifications and OPCC.
Deliverable: A PDF set of final plans, technical specifications and OPCC will be provided to the City
Project Manager for distribution to the City team. One electronic copy of the project deliverables
package (.pdf) will be provided electronically.
Task 301: Engineering Services During Construction
Phoenix will provide limited construction management on the project and will provide limited inspection
and materials testing for the sewer lateral and associated cleanout. Construction management consists of
observation of the project activities, preparation of observation reports, coordination and scheduling of
the materials testing firm (UMT), coordination with the City staff regarding field decisions or input,
review of contractor pay requests, construction reports and photographs, issues encountered and field
decisions. Inspection will occur at milestones and key installations for up to 40 hours. These documents
will be compiled at the end of the project and provided to the City for their files. No construction
inspection will be provided for the parking lot portion of the project as the City has indicated that the lot
is temporary.
The project is estimated to take 40 Working Days to complete (8 weeks). The schedule is assumed to be
as follows:
• Shop drawing review – Two weeks
• Construction – 1.5 weeks
• Project final punch list items – One week
The following efforts are included in this task:
Preconstruction Meeting: Prepare for and conduct the project construction kick off meeting with
the Contractor and City staff. The meeting will be held onsite or via Zoom. A summary of
discussion topics and project deliverables will be provided.
Shop Drawing Review Coordination: Review and coordinate the project shop drawing submittals.
It is anticipated that ten (10) submittals will be reviewed. As part of this proposal, two reviews of the
submittals will be conducted for approval.
Response to Requests for Information: Respond to contractor’s requests for information (RFIs). It
is anticipated that up to six (6) requests for information will be prepared during the construction
phase. The responses will be coordinated by, originate and be sent from Phoenix Civil Engineering,
Inc.
Project Construction Meetings: Attend construction progress coordination meetings. The meetings
will be held through Zoom. The meetings will cover construction progress, schedule, potential
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Phoenix Civil Engineering, Inc. Proposal for Chamber Parking Lot February 5, 2025
Page 5 of 8
changes required in the design, and progress pay estimates. It is anticipated that five meetings will be
held by Phoenix.
Construction Inspection and Offsite Coordination: Provide construction inspection for the
installation of the sewer lateral (7 Working Days) up to 40 hours of inspection time, including drive
time. Full-time inspection will not be provided. Phoenix will verify compliance with the project
permits, project Contract Documents, etc. Inspection will be provided by a Phoenix construction
inspector No inspection services will be provided for the parking lot portion of the project. The
Principal Engineer will provide assistance through phone calls and email correspondence when not
onsite.
Materials Testing and Observation: Union Materials Testing (UMT) will have their field
technician provide soil compaction testing in coordination with the Phoenix observation staff in areas
of the sewer lateral installation only. UMT will provide a soil field technician for sampling and in-
place density testing for pipe zone sand bedding for ~220’ of sewer pipeline installation. Pipe zone
sand bedding that is placed 12” above the top of pipe, should be placed in 6” lifts; each lift of sand is
to be compacted to minimum effort of 90% relative compaction. Trench zone backfill is placed 1.5'
above top of pipe zone, should be placed in three 6” lifts. Testing will be performed utilizing a
calibrated nuclear density gauge comparing the in-place measured density to the modified max
density-optimum moisture determination (ASTM D1557). The field technician will perform in-place
density testing, document backfill observations throughout the shift and complete daily field reports.
Record Drawings and Close Out: Prepare record drawings of the completed project improvements
based on the Contractor submitted red line markups. The markups will include the changes during
the construction (RFIs, change orders, etc.). Phoenix will provide a link to download the project
documents at the conclusion of the project. This will include submittals, meeting summaries, RFIs,
photo logs, and dwg files (formats include MW Word, PDF and Autodesk Civil 3D 2022).
Deliverable: One electronic copy of all preliminary and final shop drawings that have been reviewed for
conformance will be provided to the City. Project observation reports detailing the potential construction
issues, onsite observation reports, coordination issues, photographs, etc. will be provided as a PDF. At
the completion of the project construction phase a complete copy of all Phoenix generated project related
correspondence will be provided to the City for their files. Record drawings will be provided to the City
as PDF copies (full and half size sets) as well as the Autodesk Civil 3d 2022 files (.dwg) for their files.
All documents will be provided through a download link.
Fee Estimate Summary
Fees
Work associated with Tasks 101 through 301 is estimated to cost $71,028. A breakdown of the level of
effort is listed below:
Task 101: Site Visits and Meetings $2,630
Task 102: Topographical Survey $8,653
Task 103: 30% Plans and Technical Specification Deliverable $9,790
Task 104: 60% Plans and Technical Specification Deliverable $8,990
Task 105: Final Plans and Technical Specification Deliverable $7,290
Total Design $37,353
Task 301: Construction Phase Services $33,675
Total Project $71,028
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Assumptions
The following assumptions apply to this proposal:
• The City will be responsible for payment of any and all fees associated with any required permits,
inspections, agency reviews, encroachment permits, traffic controls or filings.
• Outside Agency review times may vary and cannot be controlled.
• The proposed scope of field exploration services does not include location of underground
utilities (other than that provided by USA). Phoenix Civil or subconsultants will not be
responsible for damage to any unlocated or mislocated utilities due to incorrect information
provided by the utility.
• This proposed scope of work assumes that the subsurface soils and groundwater are free of
hazardous substances and specifically excludes the search for, and evaluation of, hazardous
materials in soil, water, or air.
• Large scale printing requested by the City will be billed at cost with mark-up.
• Legal work (including use easement, ROW entry agreements and other legal documents that may
be required) not included.
• Sub-consultants are marked up by 10%.
• No electrical, landscape architecture (planting design) or environmental services are included in
this proposal. These services can be negotiated if needed.
• It is assumed the layout and County of Ventura requirements will be agreed upon at the 30%
deliverable. Changes to layout after this point will require a scope and fee amendment.
• Bid phase services will be completed by the City of Moorpark and are not included by Phoenix.
• Prevailing wage rates will apply for all construction inspector and materials testing services.
• The contractor will be in charge of maintaining red-line mark ups during construction.
• It is assumed this is a rehabilitation project and due to the size will not require a SWPPP.
• It is assumed that the City’s intent is that this is not to be a permanent parking lot. It has been
relayed to Phoenix that the City does not want to include geotechnical reports for design or
materials testing and inspection during the parking lot construction.
• It is assumed that this project will be completed within 18 months of the Notice to Proceed. If
this project is postponed or delayed beyond this timeframe the scope and fee will be renegotiated.
• It is assumed the contractor will place and backfill at least 45 LF per shift, equaling 5 eight-hour
shifts for the ~220 LF of sewer lateral that is located at E. High St. & Moorpark Ave the. If the
contractor breaks the work into more shifts the materials testing & inspection fee and scope will
increase.
• Invert elevations will be obtained during the survey to assist in the sewer lateral design. It is
assumed the County of Ventura will provide as-built record information to the City to assist in
determining the layout of their system and storm drain facilities.
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Phoenix Civil Engineering, Inc. Proposal for Chamber Parking Lot February 5, 2025
Page 7 of 8
EXHIBIT A
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Phoenix Civil Engineering, Inc.|535 E. Main Street, Santa Paula, CA 93060 | 805.658.6800
www.phoenixcivil.com | accounting@phoenixcivil.com
Standard Fee Schedule
Effective January 2025-2026
Position Rate
Engineering
Principal Engineer $195
Senior Project Engineer $175
Project Engineer $160
Associate Engineer $145
Assistant Engineer $125
CADD
CADD Manager/Senior Designer $145
Engineering Technician $115
Field Support
Senior Construction Inspector (PW) $165
Construction Inspector (PW) $170
Administrative Support
Technical Assistant $95
Office Administrator $65
Rate Notes
Costs associated with printing and scanning plans and
specifications will be billed at $0.8/square foot.
Subconsultants will be marked up by 10%.
Rates shown with Prevailing Wage (PW) are subject to State of
California prevailing wage law and are subject to increases.
These rates are used for field inspection.
Overtime will be charged at 1.5x the hourly rate for 8-12 hours
daily and at 2x the hourly rate for hours worked over 12 hours
daily.
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