HomeMy WebLinkAboutAGENDA REPORT 2025 1119 CC REG ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 19, 2025
ACTION APPROVED TO SOLICIT
PROPOSALS FOR RAILROAD
ENGINEERING SERVICES. (VOICE
VOTE: UNANIMOUS)
BY A. Hurtado.
D. Consider the Potential Establishment of a Quiet Zone for the At-Grade Railroad
Crossings at Spring Road and Moorpark Avenue (State Route 23). Staff
Recommendation: 1) Provide input and comments regarding the potential
establishment of a quiet zone for the at-grade railroad crossing on Moorpark
Avenue and Spring Road. 2) Should the City Council consider moving forward with
the potential establishment of a quiet zone, direct staff to solicit proposals from
engineering consultants to provide railroad engineering services. (Staff: PJ
Gagajena, City Manager)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, City Manager
DATE: 11/19/2025 Regular Meeting
SUBJECT: Consider the Potential Establishment of a Quiet Zone for the At-Grade
Railroad Crossings at Spring Road and Moorpark Avenue (State
Route 23)
SUMMARY
There are several public street-rail grade crossings in Moorpark, including at Spring Road
and Moorpark Avenue. Federal regulations generally require that locomotive train
engineers begin sounding the train’s horn 15-20 seconds before entering public street-
rail grade crossings, no more than one-quarter mile in advance. Local agencies
responsible for traffic control or law enforcement at the public crossings, such as the City,
may establish “quiet zones,” which are sections of a rail line at least one‐half mile in length
that contain one or more consecutive public highway‐rail grade crossings at which
locomotive horns are not routinely sounded when trains are approaching the crossings.
The establishment of these “quiet zones” are subject to certain requirements.
On January 6, 2017, the City Council considered the establishment of quiet zones with
the Southern California Regional Rail Authority at these two at-grade railroad crossings
but decided not to move forward due to the high risk for liability. Since 2017, significant
improvements at the railroad crossings and the growth of High Street have renewed
discussions of establishing a railroad quiet zone.
On September 17, 2025, the City Council considered again the establishment of quiet
zones for the at-grade railroad crossings on Moorpark Avenue and Spring Road. The
City Council directed staff to return at a future meeting with additional information on risk
exposure and insurance options, statistical information on the number of accidents that
have occurred at quiet zones, and a draft Request for Proposal for a railroad consultant
for City Council to review.
Item: 9.D.
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BACKGROUND
On September 18, 2006, the Train Horn Rule (49 CFR Part 222) was made effective by
the Federal Railroad Administration (FRA) with the purpose to provide safety at public
highway-rail crossings by requiring locomotive horn use. The FRA considers the use of
locomotive horns as an important railroad safety measure and specifies the parameter
and requirements of locomotive horn use to include the following:
• The locomotive horn shall be sounded when approaching a public highway-
rail grade crossing.
• Locomotive horns shall follow standardized patterns for two long blasts, one
short blast, and one long blast.
• Locomotive horns shall sound for at least 15 seconds, but no more than 20
seconds, before entering the at-grade crossing with the public highway.
• For trains traveling more than 60 MPH, the horn must not be sounded more
than one-quarter mile in advance of the crossing. In such cases, the
locomotive horn may sound less than 15 seconds.
• Locomotive horns shall operate at a maximum volume of 110 decibels and
a minimum volume of 96 decibels.
In addition to establishing requirements for locomotive horn use at public highway-rail
grade crossings, Subpart C of 49 CFR Part 222 provides provisions for exceptions to the
use of locomotive horns at individual crossings or groups of crossings, known as a “quiet
zone.” Only a public authority that is responsible for the traffic controls for the public
highway at the rail crossing may establish a quiet zone and shall conform to the
requirements of 49 CFR Part 222. If a proposed quiet zone includes public highway-rail
grade crossings under the authority and control of more than one public authority, both
public authorities must agree to establishment of the quiet zone.
A quiet zone may be established if the Quiet Zone Risk Index is at, or below, the
Nationwide Significant Risk Threshold. The Quiet Zone Risk Index is a measure of risk
to the motoring public which reflects the average risk at each public crossing within a
quiet zone, after adjustment to account for increased risk due to lack of locomotive horn
use at the crossings within the quiet zone and reduced risk due to implementation, if any,
of safety measures with the quiet zone. The Nationwide Significant Risk Threshold is a
number reflecting a measure of risk, calculated on a nationwide basis, which reflects the
average level of risk to the motoring public at public highway-rail grade crossings
equipped with flashing lights and gates and at which locomotive horns are sounded.
There are approximately 1,016 designated quiet zones across the United States. Orange
County, California has one of the largest quiet zone areas spanning 34 cities, including
Anaheim, Irvine, San Clemente, San Juan Capistrano, and Placentia. Other quiet zones
exist in Glendale, Pomona, Richmond, and Elk Grove. Overall, there are approximately
63 quiet zones in California.
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The subject of establishing a quiet zone at railroad crossings in the City has been
previously discussed by the City Council. During the December 7, 2016, City Council
meeting, then Councilmember David Pollock inquired to staff the possibility of establishing
a quiet zone within the Downtown Area at the Moorpark Avenue (State Route 23) and
Spring Road railroad crossings. On January 18, 2017, the City Council considered
implementation guidelines and procedures to establish a quiet zone with the Southern
California Regional Rail Authority (SCRRA/Metrolink). The City Council decided not to
move forward with quiet zones based on several factors, including: the potential fiscal
impact and liability concerns associated with establishing a quiet zone, questions about
how effective the quiet zone would be in reducing noise, and that the project was not
identified in the City's Mission Statement, Priorities, Goals, and Objectives and that it
would require significant staff effort.
There are a total of 30 trains that pass through the Moorpark Metrolink Station per day.
Two are freight trains that generally pass during the day but not always. Sixteen are
Metrolink trains with the earliest starting at 4:20 a.m. and the latest returning at 11:44 p.m.
Ten are Amtrak Pacific Surfliner trains that travel within the Metrolink train times and two
are Amtrak Coast Starlight trips that go through the station but do not stop at the station.
DISCUSSION
Since 2017, Metrolink has completed significant improvements to the railroad crossings
at Moorpark Avenue and Spring Road, which include the following:
• Metrolink Commuter Rail System Ventura County Sealed Corridor Project
– Moorpark Avenue and Spring Road
• Metrolink Grade Crossing Safety Improvement – Spring Road
• Spring Road Advanced Preemption Controls
These improvements to both at-grade railroad crossings on Moorpark Avenue and Spring
Road provide safety enhancements that may make the establishment of a quiet zone
more feasible than in the past. The improvements to Spring Road include two features
that are important to reduce risk of accidents to qualify for a lower score (i.e., safer) on
the Quiet Zone Risk Index. These are a four-quadrant gate system and raised street
medians at approaches to the intersection.
In addition to the improvements at the railroad crossings, the Downtown Area and notably
High Street, have undergone significant growth and changes including new commercial
and retail businesses, a new parking lot facility for the Metrolink Moorpark Station,
construction of the High Street Depot mixed-use development, construction of the Vendra
Gardens residential development, and construction of the New City Library. The current
and future growth of the Downtown Area will need to coexist with the growing railroad
operations that support daily transit commuters and the movement of goods and services
throughout the Southern California region. With this growth and new residential
developments along the railroad corridor, various community members and business
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owners approached City staff regarding the potential establishment of a quiet zone for the
railroad crossings at Moorpark Avenue and Spring Road. City staff and those interested
parties are aware that the establishment of a quiet zone will require an application process
and review with the FRA and may include additional improvements to the railroad
crossings for consideration.
In an effort to begin to understand the feasibility of a quiet zone, one of those interested
parties, the Daly Group, owner of the High Street Depot development, contracted with
Zephyr Rail, a railroad engineering consulting firm, to prepare a Preliminary Quiet Zone
Assessment Report. This preliminary report was intended to assess the existing condition
of at-grade crossings in the City and evaluate if they could be candidates to establish a
quiet zone. The preliminary recommendations, either included or omitted, therein are not
final and are subject to further review and analysis. In summary, Zephyr Rail’s preliminary
assessment highlights several potential improvements to both railroad crossings that may
elevate the FRA’s consideration for a quiet zone designation. These are outlined below.
Moorpark Avenue
• Installation of Quiet Zone signage.
• Restriping of pavement markings at the railroad crossing and adjacent
intersections.
• Upgrade of the crossing gates to Four-Quadrant Gates system with vehicle
detection.
• Installation of traffic signal advance preemption controls at Poindexter Avenue and
High Street.
Spring Road
• Installation of Quiet Zone signage.
• Restriping of pavement markings at the railroad crossing and adjacent
intersections.
• Modification of existing signing, striping, and pavement markings along Spring
Road, High Street, and Princeton Avenue.
The preliminary assessment was based on field observations of existing conditions. Staff
believes during the application review process with the FRA and various stakeholders,
additional recommendations and/or requirements will be considered, or conditioned, for
the quiet zone designation. At this juncture, it is not yet known what the full cost and
scope of improvements needed for the quiet zone designation will be. As stated in the
January 18, 2017, City Council Agenda Report, the cost of improvements for each
crossing can range from $30,000 to $1 million. These amounts were in 2017 estimated
dollars and may be substantially more today depending on the specific improvements and
results of an engineering study. Two important improvements were already made to the
Spring Road rail crossing in 2017 as noted above (Four-Quadrant Gate system and raised
medians), which will likely make the additional improvements needed for that intersection
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not as extensive or expensive as the improvements that may be required to the Moorpark
Avenue rail crossing.
Risk Exposure and Insurance Options
In addition to the physical improvements to the railroad crossings, consideration must be
made on the risk of exposure to liability and monetary damages that comes with a quiet
zone designation. The City will be required by Southern California Regional Rail Authority
(SCRRA) to indemnify SCRRA/Metrolink and potentially Amtrak, Union Pacific Railroad,
and the State of California Department of Transportation (Caltrans) for any claims
associated with the establishment and operation of a quiet zone at highway-rail grade
crossings, which would include incidents that occur along the quiet zone that are alleged
to occur due to a locomotive horn not sounding. This indemnification is a standard term
that SCRRA requires in connection with its authorization to make quiet zone
improvements along its rail corridors.
Some of this liability risk can be mitigated through careful planning, engineering, and the
inclusion of design features into the required improvements at each intersection to make
the intersections as safe as reasonably possible, as recommended by the engineer, and
meeting or exceeding the specifications required for quiet zone eligibility. Additional and
on-going risks can also occur if the improvements are not adequately maintained. This
risk can be partially mitigated by regular inspections and prompt repair as needed.
The California Joint Powers Insurance Authority (CJPIA), the City’s risk pool insurer,
Memorandum of Coverage does not provide coverage for railroad exposures, including
“Quiet Zones” as approved by the FRA, or any liability members assume in contracts
related to “Quiet Zones.” There is, however, specially designed insurance coverage
provided to cities that have quiet zones that can be obtained through the Railroad Quiet
Zone Liability Program from the CJPIA. As presently offered, that insurance has policy
limits of $1 million per occurrence and $1 million in the aggregate per policy year with a
$100,000 per occurrence self-insurance deductible. A significant accident or one that
involves several persons could exceed those limits and leave the City exposed to
payment for liabilities above those limits if the City is determined to be liable for such
accident. Therefore, even if the City carefully designs improvements to the at-grade
railroad crossings to minimize the risk of accidents, there could still be a chance that the
City will incur some monetary liability that would be above the insurance limits in the event
that the system does not sufficiently protect individuals from a harm that could have been
reasonably prevented with the use of the train horn at those intersections. According to
the CJPIA, there have been no losses from participating cities (San Juan Capistrano, San
Clemente, Dana Point) in their Railroad Quiet Zone Liability Program since the program
started in 2015.
Based on City Council’s direction on September 17, 2025, staff conducted additional
research regarding potential risk exposure and alternative insurance options. As part of
this effort, staff contacted several other cities and found that they maintain only general
liability coverage for their quiet zones. These cities did not obtain any supplemental
insurance and instead established their quiet zones as a policy decision driven by strong
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community support and political will. In each case, the city councils determined that the
quality-of-life benefits, specifically, reducing the frequent sound of train horns impacting
nearby residents and businesses, outweighed the potential risks associated with liability.
Some of these cities also concluded that with the supplemental safety systems that are
required to qualify for a quiet zone, any pedestrian or vehicular accident that would occur
would most likely be caused by the gross negligence of the pedestrian or vehicular driver
rather than caused by a defect in the design or improvements at the intersection.
Accordingly, any lawsuit arising from an accident could be successfully defended as being
proximately caused by the pedestrian or motorist involved in a collision with a train and
not caused by the lack of an adequate design or improvements or the lack of a train horn.
For example, one city also had a study that concluded that with the four-gate system and
raised medians as supplemental safety measures, that the intersection would be obtain
a lower (safer) score on the Quiet Zone Risk Index than a traditional two gate system with
a train horn. As a result, those cities chose to assume what they perceived as a low risk
of potential future liability in order to realize the community and livability improvements
and move the implementation of quiet zones forward.
The cities contacted include the following:
• Anaheim
• Irvine
• Loma Linda
• Orange
• Placentia
• San Clemente
• Santa Ana
• Solano Beach
• Tustin
These cities also confirmed that liability and risk exposure rests with their city, and they
indemnify the SCRRA. For insurance purposes, the cities treat quiet zone railroad
crossings similarly to other signalized intersections. The City of Loma Linda provided
reports showing that implementing additional safety measures within a quiet zone can
make railroad crossings safer, based on the Quiet Zone Risk Index (QZRI), which
evaluates the predicted societal cost of collisions by accounting for both the absence of
train horns and the presence of supplemental safety features.
Besides the Railroad Quiet Zone Liability Program offered by the CJPIA, staff was
unsuccessful in finding railroad quiet zone insurance coverages from other joint powers
authority insurance providers and risk pool insurers such as the California
Intergovernmental Risk Authority. At the time this staff report was published, staff was
waiting to receive insurance coverage quotes from the Lloyd’s of London, the world’s
largest and oldest insurance marketplace, and other insurance companies.
In summary, other cities expressed confidence that while their liability exposure within a
quiet zone is limited, they believe they have strong legal defenses to address most
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potential accident claims because accidents would likely be caused by the gross
negligence of person injured at the crossing. They emphasized that the combination of
proper engineering design, adherence to federal safety standards, and implementation of
additional safety improvements, such as upgraded crossing gates, improved signage,
raised medians, and other Supplemental Safety Measures, helps create a safer
environment for both motorists and pedestrians. These enhancements not only reduce
the likelihood of collisions but also strengthen the city’s position in defending against
potential lawsuits, effectively balancing the reduced use of train horns with measurable
safety benefits.
Staff is aware of one active lawsuit related to an accident in an established quiet zone
where a city is a named party: Jason Chiakowsky, Greyson Chiakowsky v. SCRRA, City
of Redlands, County of San Bernardino, San Bernardino County Transit Authority et al.
San Bernardino Superior Court Case No. CIVSB2402748. This case is at the early stages
of litigation with the public entities vigorously defending against liability on a variety of
grounds, including but not limited to affirmative defenses that the accident was caused by
the negligent actions of the motorist in that situation and that the complaint is barred by
applicable provisions of the Federal Railroad Safety Act of 1970 because the crossing
met all applicable federal safety standards.
Accident Information
With regards to the City Council’s request for statistical information on the number of
accidents that have occurred at quiet zones, the U.S. Department of Transportation
(DOT) tracks accidents and incidents at highway-rail grade crossings located in quiet
zones nationwide. Railroads report collision details to the Federal Railroad Authority
(FRA) while both railroads and state DOTs provide crossing details—such as location,
safety features, and traffic controls. The reports combine data to show information about
the incident, the crossing’s characteristics, and its quiet zone status. In calendar year
2024, there were 221 reported incidents at highway-rail grade crossings in quiet zones
across the country and 19 of those occurred in California or 8% of the total. Five of the
incidents took place in San Diego County, three in San Bernardino County, and the
remaining in other counties including Los Angeles, Riverside, Kern, Fresno, Sonoma,
Santa Clara, and San Mateo. The number of incidents in California in the past five years
range from six to 19 incidents per year. This data can be found at the U.S. DOT website
at https://data.transportation.gov/stories/s/Quiet-Zone-Reports-Landing-Page/9qih-je6q/
The Ventura County Transportation Commission (VCTC) provided vehicle and pedestrian
accident information at railroad crossings for the entire Metrolink system, which serves
six counties including Los Angeles, Orange, Riverside, San Bernardino, Ventura, and San
Diego. Over the course of five years between 2020 and 2025, there were 12 vehicle
accidents at quiet zone crossings or 10% of the total 122 railroad crossing vehicle
accidents during this period. Some of the details of the cause of the vehicle accidents at
quiet zone crossings were due to abandoned vehicles hitting trains, a car being slightly
hit by a train, or vehicles colliding with a train that resulted in no injuries, some injuries, or
fatalities. However, most of the reports have no additional details on the cause or
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circumstances of the vehicle accidents in the quiet zone crossings or if they were caused
by the lack of train horns. During this same five-year period, there were 17 pedestrian
accidents at quiet zone crossings or 25% of the total 63 railroad crossing pedestrian
accidents. There are no details available on the cause or circumstances of these
pedestrian accidents at quiet zone crossings or if they were caused by the lack of train
horns.
Request for Proposal (RFP) Review
As requested by the City Council, a draft RFP for a railroad consultant is attached for the
City Council to review. The RFP will require the consultant to:
1. Conduct traffic and queuing studies required to reflect current conditions of the
proposed quiet zone.
2. Prepare a quiet zone analysis including calculating a Quiet Zone Risk Index (QZRI)
and provide comparative analysis with the Nationwide Significant Risk Threshold
(NSRT) and Risk Index with Horns (RIWH).
3. Conduct diagnostic team evaluation meetings of all public, pedestrian, and private
highway-rail grade crossings that provide access to the public, or which provide
access to active industrial or commercial sites and are located in the proposed
quiet zone.
4. Prepare alternatives for implementing a quiet zone and cost estimates.
5. Determine and/or identify Alternative Safety Measures (ASMs) and Supplementary
Safety Measures (SSMs) for the at-grade crossings for FRA and SCRRA
consideration.
6. Coordinate submission of pertinent applications and receive approvals from the
FRA and California Public Utilities Commission (CPUC) to establish quiet zones.
As an optional task, the consultant may also provide the level of effort to extend the quiet
zone to include the at-grade railroad crossing on Gabbert Road.
Other Considerations
Any discussion of a railroad quiet zone should also consider that its application only
pertains to locomotives approaching and entering at-grade crossings. It does not include
locomotives using horns when approaching passenger stations or rail yards. The
Metrolink Moorpark Station is located directly adjacent to, and in between, the Moorpark
Avenue and Spring Road railroad crossings and the use of locomotive horns may still
apply. Further, with respect to approaches to at-grade railroad crossings on Moorpark
Avenue and Spring Road, if a quiet zone is established, horns may still be used in
emergency situations to alert motorists, pedestrians, trespassers, and animals or to
comply with other Federal regulations and railroad operating rules. So, while a quiet zone
may reduce or eliminate the use of locomotive horns when approaching and entering at-
grade railroad crossings on Moorpark Avenue and Spring Road, the horns may still be
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used when approaching the Metrolink station and the perception from the general public
may be that the quiet zone is ineffective or that there is very little benefit.
Staff seeks direction from the City Council regarding the potential establishment of a quiet
zone for the at-grade railroad crossing on Moorpark Avenue and Spring Road. Should
the City Council consider moving forward with the potential establishment of a quiet zone
and approve the draft RFP, staff will move forward to solicit proposals from engineering
consultants to provide railroad engineering services and that have technical expertise in
working with the various stakeholders. The process to establish a quiet zone may take
between 18 to 24 months.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act (CEQA) does not apply to activities that will not
result in a direct or reasonably foreseeable indirect physical change in the environment
or is otherwise not considered a project as defined by CEQA Statute § 21065 and CEQA
State Guidelines § 15060(c)(3) and § 15378. The potential establishment of a railroad
quiet zone does not meet the above criteria and is not subject to CEQA. Currently, no
additional environmental review is required.
In the future, should the City Council pursue the construction of infrastructure
improvements required for the establishment of a railroad quiet zone, staff will evaluate
and determine the level of review necessary for a project to comply with CEQA.
FISCAL IMPACT
The current Operating and Capital Improvements Budget does not appropriate any funds
for the establishment of a railroad quiet zone. Should the City Council direct staff to solicit
proposals from railroad engineering consultants, funding sources will be identified prior
to any recommendations of an award for Professional Engineering Services.
The establishment of a railroad quiet zone will incur future and ongoing costs to the City.
In addition to one-time cost of improvements for each crossing, which can range from
$30,000 to $1 million, annual costs (estimated) include the following:
• Annual railroad crossing inspection and maintenance: $80,000 ($40,000
per crossing)
• Additional annual railroad liability insurance: $40,000 ($20,000 per
crossing) plus California Surplus Lines Taxes and Fees
• Exposure to potential claims: Unknown and varies
Furthermore, FRA requires periodic Quiet Zone revalidations every four to five years if all
crossings have SSMs, or every two to three years if any rely on risk-index findings/ASMs.
Each cycle entails U.S. Department of Transportation (USDOT) inventory updates, field
verification, and coordination with the railroad(s), CPUC, and FRA. Based on the
revalidation process from other cities, the City would need to budget approximately
$20,000 for each crossing (scaling with corridor size and complexity) for professional
services every two to five years. If inspections identify deficiencies (e.g., medians,
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channelization, signage, pedestrian treatments, circuitry), additional capital work may be
required which would require further budget appropriation.
If the City Council decides to move forward with implementing quiet zones, staff will seek
funding partnerships and grant opportunities to offset costs for improvements and
maintenance.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1. Provide input and comments regarding the potential establishment of a quiet zone
for the at-grade railroad crossing on Moorpark Avenue and Spring Road.
2. Should the City Council consider moving forward with the potential establishment
of a quiet zone, direct staff to solicit proposals from engineering consultants to
provide railroad engineering services.
Attachment: Draft RFP for Evaluation and Establishment of Railroad Quiet Zones
36
CITY OF MOORPARK
REQUEST FOR PROPOSALS
FOR
EVALUATION AND ESTABLISHMENT OF
RAILROAD QUIET ZONES
_____________________________
RFP Submittals Due By:
To Be Determined
at 3:00 P.M.
Public Works Department
323 Science Drive
Moorpark, California 93021
Attn: Daniel Kim, P.E., City Engineer/Public Works Director
ATTACHMENT
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Request for Proposals: Railroad Quiet Zone Study
Page 2
TABLE OF CONTENTS
1. Introduction and Overview ............................................................................4
2. Background ..................................................................................................6
3. Scope of Services .........................................................................................7
4. Proposal Contents ........................................................................................13
5. Submittal Information ....................................................................................15
6. Proposal Evaluation and Selection ...............................................................16
7. Anticipated Schedule of RFP Activities .........................................................16
8. Inquiries ........................................................................................................16
9. Other Considerations/Reservations of Rights ...............................................17
10. Attachments:
Attachment 1 – SCRRA Quiet Zone Implementation Guidelines and Procedures
Attachment 2 – Sample Professional Services Agreement
Spring Road Railroad Crossing
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Request for Proposals: Railroad Quiet Zone Study
Page 3
REQUEST FOR PROPOSAL
FOR
RAILROAD QUIET ZONE STUDY
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark is requesting proposals
for a Railroad Quiet Zone Study. Proposals must be received by 3:00 p.m. on TBD, 2025,
by the City Clerk’s Office at: City of Moorpark, City Clerk’s Office, 323 Science Drive,
Moorpark, CA 93021 (Attn: Daniel Kim, P.E., City Engineer/Public Works Director).
Submissions received after this deadline will be rejected. Submissions by facsimile or
electronic mail will not be accepted.
The successful proposer will be required to demonstrate experience working on similar
projects. Additional information may be obtained on the city website at
www.moorparkca.gov/bids. The Technical Proposal and Cost Proposal must be
submitted in separate, sealed envelopes, clearly identified, and marked:
Proposal for
Evaluation and Establishment of Railroad Quiet Zones
Proposals shall consist of two sealed envelopes as follows:
• The Technical Proposal envelope shall include one signed physical copy and
one digital copy of the Technical Proposal. Please indicate “Railroad Quiet Zone
Study Technical Proposal” on the envelope.
• The Cost Proposal envelope shall include one signed physical copy and one
digital copy of the Cost Proposal. Please indicate “Railroad Quiet Zone Study
Cost Proposal” on the envelope.
Digital copies may be provided on CD, DVD, flash drive, thumb drive, or similar digital
device. Digital devices will not be returned.
Any inquiries regarding this Notice of a RFP should be directed to Daniel Kim, City
Engineer/Public Works Director, at (805) 517-6255 or by email at dkim@moorparkca.gov.
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Request for Proposals: Railroad Quiet Zone Study
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1. INTRODUCTION AND OVERVIEW
The City of Moorpark is requesting proposals from qualified firms to provide professional
services to prepare an Evaluation and Establishment of Railroad Quiet Zones. The study
will determine the feasibility and implementation of a railroad quiet zone through the city
that include two (2) at-grade crossings, on Moorpark Avenue and Spring Road, along the
Southern California Regional Rail Authority (SCRRA) railroad lines.
The feasibility and implementation of a quiet zone shall follow the process established by
the Federal Railroad Administration (FRA) and the SCRRA Quiet Zone Implementation
Guidelines (Attachment 1). The consultant shall gather all necessary information and
pertinent factors that may be used in determining the necessary at-grade crossing
improvements to meet the requirements of a quiet zone designation. This includes, but
is not limited to, FRA approval of the use of Engineering Alternate Safety Measures
(ASMs) and/or modified Supplemental Safety Measures (SSMs).
The public authority, as defined by the FRA, is the entity responsible for traffic control or
law enforcement at the public crossings (such as a city or county). Spring Road is within
the City’s jurisdiction and the City of Moorpark is the public authority. Moorpark Avenue
is part of State Route 23 and the State of California Department of Transportation
(Caltrans) is the public authority. Any establishment of a quiet zone may require
collaboration with both the City and the State for any proposed at-grade crossing
improvements.
In addition to the two, public at-grade railroad crossings, there is an existing Metrolink
Station that is situated in between Spring Road and Moorpark Avenue at 300 High Street.
The quiet zone feasibility shall also consider the passenger train station within the
proposed railroad quiet zone.
Proposers must have sufficient expertise and experience to complete the work described
in the Scope of Services, which generally includes:
Required Elements
1. Conduct traffic and queuing studies required to reflect current conditions of the
proposed quiet zone.
2. Prepare a quiet zone analysis including calculating a Quiet Zone Risk Index (QZRI)
and provide comparative analysis with the Nationwide Significant Risk Threshold
(NSRT) and Risk Index with Horns (RIWH).
3. Conduct diagnostic team evaluation meetings of all public, pedestrian, and private
highway-rail grade crossings that provide access to the public, or which provide
access to active industrial or commercial sites and are located in the proposed
quiet zone.
4. Prepare alternatives for implementing a quiet zone and cost estimates.
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Request for Proposals: Railroad Quiet Zone Study
Page 5
5. Determine and/or identify ASMs and SSMs for the at-grade crossings for FRA and
SCRRA consideration.
6. Coordinate submission of pertinent applications and receive approvals from the
FRA and California Public Utilities Commission (CPUC) to establish quiet zones.
Optional Element
1. As an optional task, proposer shall provide level of effort to extend the quiet zone
to include the at-grade railroad crossing on Gabbert Road.
Metrolink Moorpark Station
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Request for Proposals: Railroad Quiet Zone Study
Page 6
2. BACKGROUND
Incorporated in 1983, the City of Moorpark is a suburban city located approximately 50
miles northwest of downtown Los Angeles, in southeastern Ventura County, at the
intersection of the 23 and 118 Freeways. The City has a population of approximately
36,000 residents and covers approximately 12.5 square miles.
Since 2017, the Southern California Regional Rail Authority (SCRRA) completed
significant improvements to the at-grade railroad crossings, Moorpark Avenue and Spring
Road, that include the following:
• Metrolink Commuter Rail System Ventura County Sealed Corridor Project
– Moorpark Avenue and Spring Road
• Metrolink Grade Crossing Safety Improvement – Spring Road
• Spring Road Advanced Preemption Controls
These improvements to both at-grade railroad crossings on Moorpark Avenue and Spring
Road provide safety enhancements that may make the establishment of a quiet zone
more feasible than in the past. In addition to the improvements at the railroad crossings,
the Downtown Area and notably High Street, has undergone significant growth and
changes including new commercial and retail businesses, a new parking lot facility for the
Metrolink Moorpark Station, new mixed-use and residential developments, and the active
construction of the future City Library. The current and future growth of the Downtown
Area will need to coexist with the growing railroad operations that support daily transit
commuters and the movement of goods and services throughout the Southern California
region. In anticipation of the growth and new residential and commercial developments
along the railroad corridor, the City is assessing the potential establishment of a quiet
zone for the railroad crossings at Moorpark Avenue and Spring Road.
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3. SCOPE OF SERVICES
The Scope of Services should incorporate the Required Elements into the project
deliverables. Proposers may also provide recommendations in the scope of work that will
assist in the City’s goal to establishing a quiet zone.
The proposer’s scope of services shall include the following:
Task 1: Project Management
1.1 Kick-Off and Project Review Meetings
Consultant shall prepare and conduct project review meetings, including a kick-off
meeting, with the City’s Project Manager and key staff members to establish
project scope, deliverables, proposed schedule, communications protocol,
collaboration with stakeholder agencies, and track project milestones. Consultant
shall prepare meeting minutes and keep all records of formal communications and
documents. For budgetary purposes, Task 1.1 shall include the following:
• Kick-off Meeting – one (1) meeting, in person
• Project Review Meeting – monthly, in person or virtual
• Project Agency Coordination Meeting – up to three (3) meetings with the
Federal Railroad Administration, Southern California Regional Railroad
Authority, and Caltrans
• City Council Meeting – one (1) meeting, in person or virtual
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1.2 Project Schedule and Scope of Work
Consultant shall prepare and manage project schedule, scope of work, and project
deliverables/milestones. Project schedule shall be discussed and reviewed during
the monthly project review meetings. Consultant shall manage all design
submittals to the FRA and SCRRA and ensure timely delivery of any review
responses for consideration.
1.3 Project Management
Consultant shall designate a Project Manager to the City and will be the primary
contact person for the duration of the project. The Consultant Project Manager
will be responsible for the deliverables outlined in Section 3, Scope of Services.
Project Management services shall include, but not be limited to, the following:
• Monitor and track all required permits, certificates, and licenses for
compliance with local, state and federal laws.
• Routinely review project files to ensure conformance to approved City,
Caltrans, FRA, and SCRRA standards.
• Review and respond to all agency correspondence, including requests for
clarification, plan review submittals, etc.
• Coordinate the review and approval of design documents.
• Process all project documentation per City requirements in standard
formats.
• Prepare and process all quiet zone notices.
Task 2: Existing Site Review and Data Collection
2.1 Site Investigation and Review
Consultant shall conduct a site visit of the proposed quiet zone location to review
existing conditions, identify potential constraints, and observe current railroad
operations including the Moorpark Metrolink Station.
2.2 Data Collection and Document Review
Consultant shall obtain, or collect, all pertinent traffic volume data, counts and
traffic collisions, vehicular and pedestrian, for the quiet zone study. Consultant
shall obtain, or collect, all railroad related activities and crossing information data
that is necessary to complete a quiet zone study.
The City will provide to the Consultant all available As-Built/Record Drawings of
the at-grade railroad crossings on Spring Road and Moorpark Avenue, including
street and traffic signal improvement plans at adjacent intersections. The
Consultant shall determine, obtain, and/or collect, any additional data needed
necessary to complete a quiet zone study.
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2.3 Technical Memorandum of Existing Conditions (Required Element 1)
Based on Tasks 2.1 and 2.2, Consultant shall conduct traffic and queuing studies
required to reflect current conditions of the proposed quiet zone and prepare a
technical memorandum that summarizes the findings of the site investigation and
traffic data collected at the Spring Road and Moorpark Avenue railroad crossings.
The memorandum shall also identify existing constraints and potential Engineering
Alternate Safety Measures (ASMs) or Supplemental Safety Measures (SSMs) that
the FRA may consider for the establishment of a quiet zone.
Task 3: FRA Quiet Zone Calculator and Train Horn/Quiet Zone Risk Analysis
(Required Element 2)
Consultant shall perform several scenarios with the FRA’s Quiet Zone Calculator based
on potential safety measure design alternatives. The proposed design alternatives shall
be coordinated and discussed with the City for feasibility and concurrence. Based on the
Quiet Zone Calculator, Consultant shall prepare a quiet zone risk analysis including
calculating a Quiet Zone Risk Index (QZRI) and provide comparative analysis with the
Nationwide Significant Risk Threshold (NSRT) and Risk Index with Horns (RIWH).
Task 4: Diagnostic Team Evaluation Meeting
4.1 Diagnostic Review (Required Element 3)
Consultant shall conduct a diagnostic team evaluation meeting for all public,
pedestrian, and private highway-rail grade crossings that provide access to the
public, or which provide access to active industrial or commercial sites and are
located in the proposed quiet zone. The Consultant, on behalf of the public
authority, shall provide SCRRA, all railroads operating over the public highway-rail
grade crossings within the proposed quiet zone (Amtrak, Union Pacific Railroad,
and/or BNSF Railway Company), affected SCRRA member agency or agencies,
the State agency responsible for highway and road safety, and the State agency
responsible for grade crossing safety (the California Public Utilities Commission
[CPUC]) an opportunity to participate in the diagnostic team reviews of all
crossings located in the proposed quiet zones. The diagnostic team should
analyze and evaluate each crossing within the proposed quiet zone as per
Appendix F, Part §222.
The diagnostic review will also include a “field meeting” at the project site locations
and encompass the entire quiet zone study area. The Consultant shall prepare for
the diagnostic meeting(s), accordingly, and determine the necessary duration
needed.
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4.2 Conceptual Plans and Cost Estimates (Required Element 4)
Based on the diagnostic review meeting(s), Consultant shall prepare and develop
concept plans, alternatives for implementing a quiet zone, and cost estimates for
proposed railroad crossing improvements for review and consideration by the City.
4.3 Gabbert Road Railroad Crossing (Optional Element 1)
As an optional task, Consultant shall provide level of effort to extend the quiet zone
to include the at-grade railroad crossing at Gabbert Road. This includes high-level,
preliminary improvements that may be required for the FRA to consider Gabbert
Road for a quiet crossing.
Task 5: Final Engineering Plans, Specification, and Cost Estimates (Required
Element 5)
5.1 Traffic and Pedestrian Study
Consultant shall prepare a new traffic and queuing study, as may be required to
reflect current and proposed conditions, and a separate pedestrian study in the
evaluation of the potential impacts of the proposed quiet zone, for each crossing
that is located within the proposed quiet zone. The pedestrian study shall evaluate
pedestrian safety for each crossing and for unsecured pedestrian access points
within the proposed quiet zone. All such studies and reports shall be submitted to
the SCRRA and CPUC for review and comments.
6.2 Preliminary Environmental Determination
Under the California Environmental Quality Act, Consultant shall provide an
environmental analysis and determination for the proposed quiet zone and related
improvements. Based on the existing conditions, the City is anticipating the
proposed improvements to the railroad crossing to be Categorically Exempt (Class
1 Existing Facilities). The Consultant shall work with the City’s Community
Development Director in making a formal environmental determination. Should
the preliminary environmental analysis require further studies and/or regulatory
permitting, Consultant shall assist city staff in identifying the necessary
environmental document needed.
5.3 Design Development (30% and 60% Design)
Consultant shall prepare Design Documents for the proposed railroad crossing
improvements and unsecured pedestrian access points. The Design Development
documents shall be submitted to the SCRRA for review, comments, and approval.
Per the SCRRA Quiet Zone Implementation Guidelines, the Design Development
documents shall include the following:
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• The 30% Design will form the basis for the diagnostic team evaluation
meetings.
• An accurate, complete and current U.S. DOT National Highway-Rail Grade
Crossing Inventory Form, FRA Form No. F6180.71. This form is available
of FRA’s web site at:
https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/Forms.aspx.
SCRRA will assist the public authority by providing updated railroad
information required by the Form.
• Detailed information as to which Supplementary Safety Measures (SSMs)
as per Appendix A, Part §222 and Alternative Safety Measures (ASMs) as
per Appendix B, Part §222 (ASMs are Modified SSMs, Non-Engineering
ASMs, and Engineering ASMs) are proposed to be implemented at each
public or private highway-rail grade crossing within the proposed quiet zone.
5.4 Final Plans, Specifications, and Cost Estimates (100% Design)
Consultant shall prepare Final Plans, Specifications, and Cost Estimates (Final
PS&E, 100% Design) that will serve as the Construction Documents (CD). The
100% Design shall be submitted to SCRRA, and all affected jurisdictions, for
approval. Per SCRRA Quiet Zone Implementation Guidelines, a letter of approval
for all affected jurisdictions is needed.
In addition to the affected jurisdiction and railroad agencies, both the City and State
of California (public authorities) will be required to approve the Final PS&E,
including construction documents for agency permitting.
Task 6: Quiet Zone Noticing
6.1 Quiet Zone Notices
Consultant shall assist the City in filing Quiet Zone Notices, per SCRRA Quiet Zone
Implementation Guidelines:
• Provide written Notice of Intent (by certified mail, return receipt requested)
of its intent [§222.43] to create a new quiet zone to SCRRA, all railroads
operating over the public highway-rail grade crossings within the proposed
quiet zone, the State agency responsible for highway and road safety and
the State agency responsible for grade crossing safety. The Notice of Intent
shall include the information shown in Exhibit “B” of the SCRRA Quiet Zone
Implementation Guidelines.
• The Consultant shall assist the City in consolidating comments received
from affected railroads during the 60-day comment period associated with
the Notice of Intent filings. These comments must be retained for future use
in the Notice of Establishment, a procedure which will follow the installation
of necessary rail crossing improvements, and which will be handled under
a separate agreement.
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• Provide written Notice of Establishment (by certified mail, return receipt
requested) of its determination [§222.43] to establish a new quiet zone to
SCRRA, all railroads operating over the public highway-rail grade crossings
within the proposed quiet zone, the State agency responsible for highway
and road safety, and the State agency responsible for grade crossing
safety. The Notice of Establishment shall include the information shown in
Exhibit “C” the SCRRA Quiet Zone Implementation Guidelines. The public
authority shall send the Notice of Establishment to all affected jurisdictions
after completion of the construction of improvements at all highway-rail
grade crossings and other locations in the proposed quiet zone, including
the owner of any private crossing included within the quiet zone.
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4. PROPOSAL CONTENTS
All proposals shall be split into a Technical Proposal and Cost Proposal.
Technical Proposal
T-1. Introduction
• Present general introductory comments.
• Identify the primary point of contact for the proposer.
• Provide any other information that may assist the City in evaluating the
proposal.
• Include a signature of the individual(s) authorized to bind the firm/consultant
to the proposal.
T-2. Statement of Qualifications
• Provide a brief profile outlining related company/consultant history and
experience.
• List all key personnel and/or subconsultants who will be assigned to this
project, including their roles and responsibilities and relevant experience
and qualifications.
T-3. Proposed Methodology to Complete Required/Optional Elements
• Demonstrate understanding of the Scope of Services.
• Describe the proposed methodology to complete each of the four required
elements and the one optional element.
T-4. Proposed Schedule to Complete Required/Optional Elements
• Identify the proposed schedule to complete work described in the Scope of
Services.
T-5. References
• Provide references for at least three public agencies for which your
company/personnel have provided similar services within the past five
years.
Cost Proposal
C-1. Introduction
• Include any information that could affect costs.
• Include a signature of the individual(s) authorized to bind the firm/consultant
to the proposal.
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C-2. Cost for Scope of Services:
• Individually identify cost of each of the four required elements, based on the
personnel classifications and hours needed to complete them.
o (City payments to the selected consultant will be based on relative
completion of these elements)
• Identify the cost of the one optional element, based on the personnel
classifications and hours needed to complete it.
• Incidentals: Any incidental costs, such as document reproduction and
travel, should be estimated and accounted for in this section.
C-3. Cost for Additional Services
• Provide a listing of your firm’s hourly rates by classification that would be
used to price additional services beyond those identified in the Scope of
Services.
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5. SUBMITTAL INFORMATION
Register as Interested
Firms interested in submitting a proposal should register by contacting Cindy
Guggenheimer, Administrative Assistant II, at (805) 517-6285. This will ensure that you
are notified of any addenda or changes to the Request for Proposals.
Submittal Deadline
Proposals must be received no later than 3:00 p.m. on TBD, 2025. Any proposals
received after this date and time may be considered non-responsive.
Format of Proposals
Proposals shall consist of two sealed envelopes as follows:
• The Technical Proposal envelope shall include one signed physical copy
and one digital copy of the Technical Proposal. Please indicate “Railroad
Quiet Zone Study Technical Proposal” on the envelope.
• The Cost Proposal envelope shall include one signed physical copy and
one digital copy of the Cost Proposal. Please indicate “Railroad Quiet Zone
Study Cost Proposal” on the envelope.
Digital copies may be provided on CD, DVD, flash drive, thumb drive, or similar digital
device. Digital devices will not be returned.
Proposals must be delivered in person, via mail, or via courier to:
City of Moorpark Public Works Department
Attn: Daniel Kim, City Engineer/Public Works Director
323 Science Drive
Moorpark, CA 93021
If you wish to confirm receipt of your proposal, please contact Cindy Guggenheimer,
Administrative Assistant II, at (805) 517-6285.
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6 . PROPOSAL EVALUATION AND SELECTION
The City will develop and oversee the process for the evaluation of the proposals
received. City staff will evaluate all proposals based on the criteria below:
• Qualifications and Experience: The consultant’s professional background and
experience performing the services sought
• Approach and Methods: The consultant’s approach to performing the services
sought and proposed methodology
• Schedule: The consultant’s proposed timeline for completion of work
• Cost: The consultant’s cost
The City expects to conduct interviews of the top rated respondent(s). The respondent(s)
whose overall qualifications are rated the highest may be invited for a telephone,
teleconference, or in-person interview with select City staff.
The award of a contract will be based on a combination of all of the above factors and
any interviews. The City is not bound to select any of the respondents submitting
proposals, may waive any irregularities in proposals and their submittal that may be
advantageous to the City, and is not liable for any costs of preparation and submittal of
proposals, including any presentations made to the City.
7. ANTICIPATED SCHEDULE OF RFP ACTIVITIES
The following is the City’s tentative schedule for selection of the Consultant:
1. Issuance of RFP: TBD, 2025
2. Submittal Deadline: TBD, 2025
3. City Review of Qualifications: TBD, 2025
4. Consultant Interviews (if necessary): TBD, 2025
5. Award of Agreement: TBD, 2025
8. INQUIRIES
If a respondent has any questions about this RFP or the proposed Scope of Services, or
if a respondent finds any error, inconsistency, or ambiguity in the RFP, the respondent
must submit a request for clarification or correction by E-mail to Daniel Kim, City
Engineer/Public Works Director, at dkim@moorparkca.gov.
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9. OTHER CONSIDERATIONS/RESERVATIONS OF
RIGHTS
• Before any services can commence, the selected firms will be required to sign and
enter into an Agreement with the City, a sample of which is attached to this RFP.
To ensure the smooth and timely implementation of this project, respondents
responding to this RFP should review all the terms and conditions of the
Agreement, including, but not limited to, provisions relating to insurance and
indemnity. The City will require certificates of insurance and additional insured
endorsements, as specified in Exhibit A of the Agreement, when the respondent
submits the signed Agreement.
• This RFP does not commit the City to award a contract, to defray any costs
incurred in the preparation of a proposal pursuant to this RFP, or to procure or
contract for work. No payment of any kind will be provided to a consultant for
responding to this RFP, or parties they represent, for obtaining any of the
information requested.
• The City reserves the right to cancel or modify, for any or no reason, in part or in
its entirety, this RFP including, but not limited to, selection schedule, submittal
date, and submittal requirements, without prior notice. Notification of revisions to
the RFP will be made by addendum posted on the City’s website at
www.moorparkca.gov/bids.
• The City reserves the right to verify the information received in the proposal. If a
respondent knowingly and willfully submits false information or data, the City
reserves the right to reject that proposal. If it is determined that a contract was
awarded as a result of false statements or other data submitted in response to this
RFP, the City reserves the right to terminate the contract.
• All documentation and materials submitted in response to this RFP will remain the
property of the City and will become a public record subject to the requirements of
the California Public Records Act.
• The selected consultant will maintain any required professional licenses and
registrations during the life of the contract with the City.
• The selected consultant shall obtain a City of Moorpark Business Registration prior
to commencing any work.
• Subconsultants: The selected consultant may utilize the services of
subconsultants on those parts of the work which, under normal contracting
practices, are performed by specialty subconsultants. Unless a specific
subconsultant is listed by the selected consultant, the selected consultant is
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representing to City that it has all appropriate licenses, certifications, and
registrations to perform the work hereunder.
After submission of the proposal, the selected consultant shall not award work to
any unlisted subconsultant without prior written approval of the City. The selected
consultant shall be fully responsible to the City for the performance of his/her
subconsultants, and of persons either directly or indirectly employed by them.
Nothing contained herein shall create any contractual relationship between any
subconsultant and the City.
10. ATTACHMENTS
Attachment 1 – SCRRA Quiet Zone Implementation Guidelines and Procedures
Attachment 2 – Sample Professional Services Agreement
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Attachment 1 – SCRRA Quiet Zone Implementation Guidelines and Procedures
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SCRRA Page 1 February 2013
SCRRA Quiet Zone Implementation Guidelines and Procedures
SCRRA Quiet Zone Implementation Guidelines and Procedures
Exhibit “A”
1.0 GENERAL
a. Public authority is defined as the public entity(s) having the responsibility for traffic
control or law enforcement at the public highway-rail grade or pedestrian crossing.
b. Public authority shall comply with the Federal Railroad Administration’s (FRA) “Final
Rule” and requirements set forth in the Federal Register 49 CFR Parts 222, “Use of
Locomotive Horns at Public Highway-Rail Grade Crossings”, for the creation of quiet
zones. The Final Rule is available on FRA’s web site at
http://www.fra.dot.gov/Page/P0105
c. Public authority shall submit all documentations to the Southern California Regional
Rail Authority (SCRRA) as required by §222.
d. Public authority shall establish a quiet zone either based on public authority
designation [§222.39(a)] or public authority application [§222.39(b)].
e. If a proposed quiet zone includes public grade crossings under the authority and
control of more than one public authority, both public authorities must agree to
establishment of the quiet zone, and must jointly, or by delegation, take such actions
as are required under the Rule. [§222.37(a).]
f. Public authorities are encouraged to contact and work with SCRRA and other
affected parties from the beginning of the planning of the quiet zone to the end of
construction for the railroad issues affecting SCRRA operated and maintained
services.
g. SCRRA agrees to cooperate with public authorities for the establishment of quiet
zones and quiet zone related activities.
2.0 PUBLIC AUTHORITY RESPONSIBILTIES
The requirements outlined in Section 2.1 through 2.10 of these quiet zone procedures
represent SCRRA's policies as to the responsibility of public authorities in the
implementation of quiet zones.
2.1 General Requirements
a. Meet the minimum quiet zone requirements mentioned in §222.35, including the
minimum length of the proposed quiet zone of one-half mile along the length of
railroad right-of-way. Public authority shall include all highway-rail grade crossings
(public, private and pedestrian) in the proposed quiet zone.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
b. Obtain prior FRA approval of the use of Engineering Alternate Safety Measures
(ASMs) and modified Supplemental Safety Measures (SSMs). The public authority
shall obtain FRA approval of the use of Non-Engineering ASMs and also conduct
field studies to obtain baseline violation rates before and after implementation of
Non-Engineered ASMs as per Section II, Appendix B, Part §222.
c. Conduct diagnostic team evaluation meetings of all public, pedestrian and
private highway-rail grade crossings that provide access to the public, or
which provide access to active industrial or commercial sites, and are located
in the proposed quiet zone. The public authority shall provide SCRRA, all railroads
operating over the public highway-rail grade crossings within the proposed quiet
zone (Amtrak, Union Pacific Railroad and/or BNSF Railway Company), affected
SCRRA member agency or agencies, the State agency responsible for highway and
road safety and the State agency responsible for grade crossing safety (the
California Public Utilities Commission [CPUC]) an opportunity to participate in the
diagnostic team reviews of all crossings located in the proposed quiet zones. The
diagnostic team should analyze and evaluate each crossing within the proposed
quiet zone as per Appendix F, Part §222. The crossings shall be equipped or
treated in accordance with the recommendations of the diagnostic team.
SCRRA expressly reserves the right to comment on and/or object to the FRA
and/or the CPUC on any aspect, including the extent of the proposed quiet
zone, the selection of improvements by the public authority or the design
thereof, if in its judgment the proposed quiet zone, or any aspect thereof, will
result in a reduction of safety within the zone.
d. Submit all required applications to CPUC for alterations to existing crossings and obtain
approval of the project work.
e. Execute Construction and Maintenance (C&M) Agreements prepared and submitted
by SCRRA for quiet zone improvements including railroad construction.
f. Make any and all necessary non-railroad related improvements at no cost to
SCRRA.
g. Install advance warning signs conforming to the standards contained in the Manual
on Uniform Traffic Control Devices (MUTCD) that advises the motorist that train
horns are not sounded at each highway approach to every public and private
highway-rail grade crossing within a quiet zone, pursuant to §222.35(c). Install
additional warning signs elsewhere within the proposed quiet zone, at locations other
than highway-rail grade crossings as may be recommended by the diagnostic team,
advising pedestrians or others that train horns are not sounded within the quiet zone.
h. Conduct a periodic review on a schedule determined by C&M agreement
among the public authority, SCRRA, CPUC, and other affected parties, after
completion of the construction and the establishment of the quiet zone. These
reviews will be conducted in the field and will consider any changes, together
with any future improvements or developments that may have or will affect the
qualification of the quiet zone. Should additional railroad improvements be
required in order to maintain the proposed quiet zone, the public authority
shall reimburse SCRRA for any additional costs associated with said
improvements.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
i. For quiet zones implemented with an SSM at each public crossing, affirm, pursuant
to §222.47(a), in writing to FRA and SCRRA that the SSMs implemented within the
proposed quiet zones continue to conform to the requirements of Appendix A, Part
§222 and provide an up-to-date, accurate and complete Grade Crossing Inventory
Form for each public, private and pedestrian crossing within the proposed quiet
zone, between 4½ and 5 years after the date of the quiet zone establishment notice,
and between 4½ and 5 years after the last affirmation. Public authority shall affirm,
pursuant to §222.47(b), in writing to FRA and SCRRA that the proposed quiet zones
which do not have SSMs at each crossing continue to confirm to the requirements of
Appendix A and B, Part §222 and provide an up-to-date, accurate and complete
Grade Crossing Inventory Form for each public, private and pedestrian crossing
within the proposed quiet zone, between 2½ and 3 years after the date of the
proposed quiet zone establishment notice, and between 2½ and 3 years after the
last affirmation.
2.2 Submittals
a. Conduct new traffic and queuing studies as may be required to reflect current
conditions as of the date of initiation of the project, as well as a separate
pedestrian study if necessary to include in its evaluation of the potential impacts of
the proposed quiet zone on pedestrian safety, for each crossing that is located within
the proposed quiet zone and for unsecured pedestrian access points within the
proposed quiet zone. The purpose of these studies is to complete an accurate and
current Grade Crossing Inventory form for each crossing, and to enable the
diagnostic team to assess current and future conditions at each crossing. All such
studies and reports shall be promptly provided to SCRRA and CPUC for review and
comments.
b. Prepare Preliminary Design (30% Design) for the selected crossings and unsecured
pedestrian access points and submit them to SCRRA for review, comments and
approval. This Preliminary Design will form a basis for diagnostic team evaluation
meetings. Public authority shall submit the following information and forms to
SCRRA with the Preliminary Design:
An accurate, complete and current U.S. DOT National Highway-Rail Grade
Crossing Inventory Form, FRA Form No. F6180.71. This form is available of
FRA’s web site at
http://safetydata.fra.dot.gov/OfficeofSafety/publicsite/Forms.aspx. SCRRA will
assist the public authority by providing updated railroad information required by
the Form.
Detailed information as to which Supplementary Safety Measures (SSMs) as per
Appendix A, Part §222 and Alternative Safety Measures (ASMs) as per Appendix
B, Part §222 (ASMs are Modified SSMs, Non-Engineering ASMs and
Engineering ASM’s) are proposed to be implemented at each public or private
highway-rail grade crossing within the proposed quiet zone.
c. Revise and resubmit Final Design (100% Design) and obtain a letter of approval from
all affected jurisdictions.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
2.3 Quiet Zone Notices
a. Provide written Notice of Intent (by certified mail, return receipt requested) of its
intent [§222.43] to create a new quiet zone to SCRRA, all railroads operating over
the public highway-rail grade crossings within the proposed quiet zone, the State
agency responsible for highway and road safety and the State agency responsible
for grade crossing safety. The Notice of Intent shall include the information shown in
Exhibit “B”. Public authority is encouraged to prepare the Notice of Intent after
consultation with SCRRA and after conducting diagnostic team evaluation
meetings.
b. Provide written Notice of Establishment (by certified mail, return receipt requested) of
its determination [§222.43] to establish a new quiet zone to SCRRA, all railroads
operating over the public highway-rail grade crossings within the proposed quiet
zone, the State agency responsible for highway and road safety and the State
agency responsible for grade crossing safety. The Notice of Establishment shall
include the information shown in Exhibit “C”. The public authority shall send the
Notice of Establishment to all affected jurisdictions after completion of the
construction of improvements at all highway-rail grade crossings and other locations
in the proposed quiet zone, including the owner of any private crossing included
within the Quiet Zone.
2.4 Reimbursements
a. Pay for all the cost of environmental or permitting documentation, preliminary and
final engineering, construction, maintenance and replacement services of any new
equipment or facilities at all highway-rail grade crossings to meet quiet zone
requirements.
b. Pay in advance an estimated amount of all costs related to review, coordination and
flagging to SCRRA for in-house personnel and/or consultants retained by SCRRA.
The original estimated costs would not be the upper limit of the costs but provide a
guideline for budgeting purposes. Regardless, all costs incurred by SCRRA during
design plan review process shall be fully recoverable from the public authority.
c. Reimburse SCRRA the actual costs and expenses incurred by SCRRA (less funds
previously deposited), including any provisional overhead rates representing
SCRRA’s costs for administration and management, and its contractors and
consultants for all services and work performed in connection with the proposed
quiet zones.
2.5 Construction
a. Proceed with the non-railroad related improvements when SCRRA and CPUC
approve the construction of the project.
b. Comply with the rules and regulations contained in the current editions of the
following SCRRA documents during the construction of the project. The SCRRA
agreements and forms are available on SCRRA’s website.
Indemnification Agreement (SCRRA Form No. 5)
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SCRRA Quiet Zone Implementation Guidelines and Procedures
Temporary Right-of-Entry agreement (SCRRA Form No. 6),
Rules and Requirements for Construction on Railroad Property (SCRRA Form
No. 37),
General Safety Regulations for Construction/Maintenance Activity on Railway
Property, and
Applicable SCRRA Engineering Standards.
2.6 Maintenance
Pay SCRRA the cost of maintenance of any additions, improvements and/or
modifications to any active highway-rail grade crossing warning system
necessary for the implementation of the proposed quiet zone as per terms and
conditions included in the C&M agreement. As an example, if a crossing within a
proposed quiet zone requires an upgrade from two gates to four (quad gates), SCRRA
will continue to pay the cost of maintenance of the original two gates, and the public
authority will reimburse SCRRA for annual maintenance on the additional two gates.
The maintenance costs shall include inspections, testing, repairs, replacements,
damage, third party utilities, and upgrades. The annual cost of maintenance of the
active highway-rail grade crossing warning system shall be as determined by SCRRA,
based on its annual survey of the maintenance cost of the system.
2.7 New Technologies
Reimburse SCRRA’s cost of installation of technologically superior and more
reliable equipment in the future to replace existing equipment that is obsolete.
Such reimbursement shall be limited to the cost of such installations serving the
equipment and facilities required to establish the quiet zone.
2.8 Indemnifications
a. Indemnify, defend and hold harmless SCRRA, member agencies [the five-county
SCRRA member agencies are comprised of the Los Angeles County Metropolitan
Transportation Authority (“LACMTA”), Ventura County Transportation Commission
(“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino
Associated Governments (“SANBAG”), and Riverside County Transportation
Commission (“RCTC”)], Operating Railroads [“Operating Railroads” means any
passenger or freight-related railroad company(s) operating on SCRRA track(s),
including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific
Railroad (UPRR), and the Burlington Northern and Santa Fe Railway Company
(BNSF)], as well as their respective board members, member agencies, officers,
agents, volunteers, contractors, and employees (“SCRRA Indemnitees”) from any
and all liability, loss, expense (including reasonable attorneys’ fees and other
defense costs), demands, suits, liens, damages, costs, claims, including but not
limited to, claims for bodily injury, death, personal injury, or property damage, that
are incurred by or asserted against the SCRRA Indemnitees arising out of or
connected with any negligent acts or omissions on the part of public authority, its
council, officers, agents, contractors, or employees under or in connection with any
work, authority or jurisdiction delegated to public authority related to establishment
and operation of a quiet zones at highway-rail grade crossings.
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SCRRA Page 6 February 2013
SCRRA Quiet Zone Implementation Guidelines and Procedures
b. PUBLIC AUTHORITY EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES
THAT BY ESTABLISHING A QUIET ZONE IT IS DIRECTING ALL RAILROADS
OPERATING WITHIN THE QUIET ZONE TO CEASE THE SOUNDING OF
LOCOMOTIVE HORNS WITHIN THE QUIET ZONE, EXCEPT UNDER
CONDITIONS PROVIDED UNDER §222.23.
2.9 Insurance
Obtain and maintain, at its sole cost and expense, in full force and effect during the
construction of the improvements for the proposed quiet zone, general and railroad
protective insurance as required by SCRRA in the amounts, coverage, and terms and
conditions specified, and issued by insurance companies as described in the Temporary
Right-of-Entry Agreement (SCRRA Form No. 6).
2.10 SCRRA Contact
Submit all written communications related to proposed quiet zones to the following at
SCRRA:
Ms. Patricia Watkins
Assistant Director, Public Projects
Southern California Regional Rail Authority
279 E. Arrow Highway, Suite 101
San Dimas, CA 91773
Phone: (909) 592-7937
E-mail: watkinsp@scrra.net
3.0 SCRRA RESPONSIBILITIES
a. SCRRA shall review Preliminary and Final Designs submitted by public authority at
the expense of the public authority.
b. SCRRA shall participate in diagnostic team evaluation meetings arranged by public
authority as per §222.25(b)§222.27(b), and section 2.1(c) of these guidelines and
procedures.,
c. SCRRA shall prepare, submit and execute a C&M Agreement between SCRRA and
public authority for alterations to the highway-rail grade crossings located in the
proposed quiet zone. This agreement will include detailed work description; method
of payment; responsibility for design, construction, funding and maintenance; cost
estimates of railroad design, construction, maintenance, inspection and flagging
work; form, duration and amount of insurance; and liability at the public, private, and
pedestrian crossings.
d. SCRRA shall submit annual invoices to the public authority for the incremental cost
of maintenance of enhancement to the active highway-rail grade crossing warning
system installed for the purpose of creating a quiet zone as identified in the executed
C&M Agreement.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
e. After filing Notice of Establishment by the public authority, pursuant to §222.43(e),
SCRRA shall cease routine use of the locomotive horn at all public and private
crossings identified by the public authority upon the date set by the public authority
or within 21 days of notification, whichever is later.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
Notice of Intent
Exhibit “B”
(§222.43(b))
1.0 Required Contents
a. A list of each public highway-rail grade crossing, private highway-rail grade crossing,
and pedestrian crossing within the quiet zone, identified by both the U.S. National
Highway-Rail Grade Crossing Inventory Number, and by street or highway name.
b. A statement of the time period within which restriction on the routine sounding of the
locomotive horn will be imposed. (i.e., 24-hours or from 10 p.m. until 7 a.m.).
c. A brief explanation of the public authority’s tentative plans for implementing
improvements within the proposed quiet zone.
d. The name and title of the person who will act as point of contact during quiet zone
development process and the manner in which that person can be contacted.
e. A list of the names and addresses of each party that shall be notified in accordance
with §222.43(a)(1).
2.0 60-Day Comment Period
a. A party that receives a copy of the public authority’s Notice of Intent may submit
information or comments about the proposed quiet zone to the public authority during
the 60-day period after the date on which the Notice of Intent was mailed.
b. The 60-day comment period established under paragraph §222.43(b)(2)(i) may
terminate when the public authority obtains from each railroad operating over the
public grade crossings within the proposed quiet zone, the State agency responsible
for grade crossing safety, and the State agency responsible for highway and road
safety:
Written comments; or
Written statements that the railroad and State agency do not have any comments
on the Notice of Intent (“no-comment statements”.)
Disclaimer: This summary of the final rule is for information purposes only. Entities subject to the final rule should refer to the rule
text as published in the Federal Register. Should any portion of this summary conflict with the final rule, the language of the Final
Rule shall govern.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
Notice of Quiet Zone Establishment
Exhibit “C”
(§222.43(e))
1.0 Timing
a. The Notice of Establishment of a Quiet Zone shall provide the date upon which
routine locomotive horn use at highway-rail grade crossings shall cease, but in no
event shall the date be earlier than 21 days after the date of mailing.
b. If the public authority was required to provide a Notice of Intent, in accordance with
paragraph §222.43(a)(1), the Notice of Quiet Zone Establishment shall not be mailed
less than 60 days after the date on which the Notice of Intent was mailed, unless the
Notice of Quiet Zone Establishment contains a written statement affirming that
written comments and/or “no comments” statements have been received from each
railroads operating over the public highway-rail grade crossing within quiet zone,
State agency responsible for grade crossing safety, and the State agency
responsible for highway and road safety in accordance with §222.43(b)(2)(ii).
2.0 Required Contents
a. A list of each public highway-rail grade crossing, private highway-rail grade crossing,
and pedestrian crossing within the quiet zone, identified by both the U.S. National
Highway-Rail Grade Crossing Inventory Number, and by street or highway name.
b. A specific reference to the regulatory provision that provides the basis for quiet zone
establishment, citing as appropriate:
For New Quiet Zones or New Partial Quiet Zones
§222.39(a)(1), implementation of SSMs at every public crossing in the New Quiet
Zone or New Partial Quiet Zone;
§222.39(a)(2)(i), the QZRI is at or below the NSRT without installation of any
SSMs at the new Quiet Zone or New Partial Quiet Zone;
§222.39(a)(2)(ii), SSMs were implemented as some crossings in the New Quiet
Zone or New Partial Quiet Zone to bring the QZRI to a level below the NSRT;
§222.39(a)(3), SSMs were implemented as some crossings in the New Quiet
Zone or New Partial Quiet Zone to bring the QZRI to a level at or below the
RIWH; or
§222.39(b) public authority application to the FRA for a New Quiet Zone or New
Partial Quiet Zone.
c. If a diagnostic team is required under §222.25 (private crossings) or §222.27
(pedestrian crossings), the Notice shall include a statement affirming that the State
agency responsible for grade crossing safety and all affected railroads were provided
an opportunity to participate in the diagnostic team review. The notice must also
include a list of recommendations made by the diagnostic team.
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SCRRA Quiet Zone Implementation Guidelines and Procedures
d. A statement of the time period within which restriction on the routine sounding of the
locomotive horn will be imposed. (i.e., 24-hours or from 10 p.m. until 7 a.m.).
e. An accurate and complete Grade Crossing Inventory Form for each public highway-
rail grade, pedestrian highway-rail grade crossing, and private crossing within the
quiet zone that reflects conditions existing at the crossing before any new SSMs or
ASMs were implemented.
f. An accurate, complete, and current Grade Crossing Inventory Form for each public,
pedestrian, and private crossing within the quiet zone that reflects SSMs and ASMs
in place upon establishment of the quiet zone. SSMs and ASMs that cannot fully be
described on the Inventory form shall be separately described.
g. If the public authority was required to file a Notice of Intent in accordance with
§222.43(a)(1), the Notice of Quiet Zone Establishment shall contain a written
statement affirming that the Notice of Intent was provided in accordance with
§222.43(a)(1). This statement shall also state the date on which the Notice of Intent
was mailed.
h. If the public authority was required to provide a Notice of Intent, in accordance with
§222.43(a)(1), and the Notice of Intent was mailed less than 60 days before mailing
the Notice of Quiet Zone Establishment, the Notice of Quiet Zone Establishment
shall also contain a written statement affirming that they received written comments
and/or “no comment” statements have been received from each railroads operating
over the public highway-rail grade crossing within quiet zone, the State agency
responsible for grade crossing safety, and the State agency responsible for highway
and road safety in accordance with §222.43(b)(2)(ii).
i. If the public authority was required to submit a Notice of Detailed Plan in accordance
with §222.43(a)(3), the Notice of Quiet Zone Establishment shall contain a statement
affirming that Notice of Detailed Plan was provided in accordance with §222.43(a)(3).
This statement shall also state the date on which the Notice of Detailed Plan was
mailed.
j. The name and title of the person responsible for monitoring compliance with the
requirements of the rule and the manner in which that person can be contacted.
k. A list of the names and addresses of each party that shall be notified in accordance
with §222.43(a)(4).
l. A statement signed by the chief executive officer of each public authority
participating in the establishment of the quiet zone, in which the chief executive
officer shall certify that the information submitted by the public authority is accurate
and complete to the best of his/her knowledge and belief.
Disclaimer: This summary of the final rule is for information purposes only. Entities subject to the final rule should refer to the rule
text as published in the Federal Register. Should any portion of this summary conflict with the final rule, the language of the Final
Rule shall govern.
65
Attachment 2 – Sample Professional Services Agreement
66
DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
FOR
THIS AGREEMENT, made and effective as of ________________________, is
between the City of Moorpark, a municipal corporation (“City”) and , a
(“Consultant”). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for services; 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 , which is
attached hereto as Exhibit .
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 ,
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 services, as set forth in Exhibit . In the event there is a
conflict between the provisions of Exhibit and this Agreement, the language
contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit .
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit .
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit . Compensation shall not exceed the rates or total contract
value of ($ ) as stated in , 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
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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 , 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 , based upon actual
time spent on the above tasks. This amount shall not exceed ($ ) 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 ( ) 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
Intentionally Left Blank.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
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
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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 ( ) 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 § 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 indemnify, protect, indemnify, defend,
and hold harmless City, its officials, employees, and agents (“Indemnified 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 subconsultant and
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
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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
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 § 7550, when applicable. The City, and its officers and employees,
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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 and subcontractor 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 § 12940
of the Government Code. Consultant shall have responsibility for compliance with this
Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, subconsultant, or subcontractor.
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)
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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:
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
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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.
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
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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
__________________________________ __________________________________
PJ Gagajena, City Manager ,
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:
Type of Insurance Limits
Commercial General Liability $1,000,000 / $2,000,000 Aggregate
Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
Professional Liability $1,000,000
Insurance procured pursuant to these requirements shall be written by insurers that are
authorized carriers in the State of California and with an A.M. Best rating of A- or better
and a minimum financial size category VII.
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, for bodily injury, personal injury, and property damage.
Business Auto Liability 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 combined single limit 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. Consultant shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of agency, its officers, agents, employees, and
volunteers.
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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
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.
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 elected or
appointed officers, agents, officials, officials, employees, and volunteers, using
standard ISO endorsement CG 2010 and CG 2037, or equivalent, with edition
acceptable to the City. Consultant also agrees to require all subconsultant and
subcontractors to do likewise.
2. All insurance coverage maintained or procured pursuant to this agreement shall
be endorsed to waive subrogation against the City, its elected or appointed
officers, agents, officials, employees, and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City and shall require similar written
express waivers and insurance clauses from each of its subconsultants and
subcontractors. Consultant shall submit to City, along with the certificate of
insurance, a waiver of subrogation endorsement in favor of City, its officers,
agents, employees, and volunteers.
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.
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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 subconsultant 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.
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. Coverage provided by Consultant shall be primary and non-contributory and
any insurance of self-insurance procured or maintained by the City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for
the benefit of City before the City’s own insurance or self- insurance shall be called
upon to protect it as a named insured. Consultant shall submit to City, along with
the certificate of insurance, a primary and non-contributory endorsement in
favor of City, its officers, agents, employees, and volunteers.
10. Consultant agrees to ensure that subconsultants and 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
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responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subconsultants and 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 subconsultant, 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 thirty (30)
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
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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
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 § 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 § 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 Design 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.
Consultant Name
___________________________________
Signature, Title
Date
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