HomeMy WebLinkAboutAG RPTS 2008 0820 RDA REGESTABLISHED
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'�'IFOa Q��` Resolution No. 2008 -197
0`rY OF 1�
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, AUGUST 20, 2008
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of July 2, 2008. Staff Recommendation:
Approve the minutes.
B. Consider Resolution Approving Design and Engineering Agreement Between the
Redevelopment Agency of the City of Moorpark and CVE Engineering and
Amending Fiscal Year 2008/09 Budget to Fund the Project. Staff
Recommendation: 1) Adopt Resolution No. 2008-, approving an amendment
to FY 2008/09 Budget in the amount of $78,000; and 2) Authorize the Executive
Director to execute the Design and Engineering Agreement for this transaction,
subject to final language approval by Executive Director and Agency Counsel.
ROLL CALL VOTE REQUIRED (Staff: David Moe)
C. Consider Resolution Authorizina the Acquisition of 1063 Walnut Canvon Road
Acceptina the Grant Deed for Recordation, and Amendina the Fiscal Year 2008/09
Budget to Fund the Purchase. Staff Recommendation: 1) Adopt Resolution No.
2008- ; and 2) Authorize the Executive Director to execute all documents
necessary to this transaction; and 3) Authorize the Agency Secretary to accept
and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED
(Staff: David Moe)
Redevelopment Agency Agenda
August 20, 2008
Page 2
5. CONSENT CALENDAR: (continued)
D. Consider Resolution Authorizing the Acquisition of 1073 Walnut Canyon Road,
Accepting the Grant Deed for Recordation, and Amending the Fiscal Year 2008/09
Budget to Fund the Purchase. Staff Recommendation: 1) Adopt Resolution No.
2008- ; and 2) Authorize the Executive Director to execute all documents
necessary to this transaction; and 3) Authorize the Agency Secretary to accept
and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED
(Staff: David Moe)
E. Consider Amendment to 81 First Street Construction Contract. Staff
Recommendation: Approve Amendment to construction contract and authorize
the Executive Director to sign the Amendment. (Staff: David Moe)
F. Consider Resolution Amending Fiscal Year 2007/08 Budget to Reimburse the
General Fund for Planning and Engineering Services Provided to Various Capital
Improvement Projects. Staff Recommendation: Adopt Resolution No. 2008 -
ROLL CALL VOTE REQUIRED (Staff: Hugh Riley)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of
the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
All writings and documents provided to the majority of the Agency regarding all open- session agenda items are available for public
inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all
regular Redevelopment Agency meetings is also available on the City's website at www.ci.mooroark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a
Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the Agenda
for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments
portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation/Action/
Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimonyfor a
continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action/Discussion item
speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting,
including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda can be made
available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation
should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be
made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II).
Redevelopment Agency Agenda
August 20, 2008
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular Meeting
of the Moorpark Redevelopment Agency to be held Wednesday, August 20, 2008, at 7:00 p.m. in
the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California, was posted on August 15, 2008, at a conspicuous place at the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 15, 2008.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA 11 Li�l jr. A
Redevelopment Agency Meeting
ACTION: �7�,[ ,Of -�tfy ES OF THE REDEVELOPMENT AGENCY
rnla July 2, 2008
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
July 2, 2008, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 8:46 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT: None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Adopting an Operating and Capital Improvements
Budget for the City of Moorpark Redevelopment Agency for Fiscal Year
2008/09. (continued from June, 11, 2008) Staff Recommendation: Adopt
Resolution No. 2008 -196. ROLL CALL VOTE REQUIRED
Mr. Kueny gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Millhouse moved and Agency Member Parvin
seconded a motion to adopt Resolution No. 2008 -196 adopting an Operating and
Capital Improvements Budget for the City of Moorpark Redevelopment Agency
for Fiscal Year 2008/09. The motion carried by unanimous roll call vote.
B. Consider Lease Agreement Between the Redevelopment Agency of the
City of Moorpark and the United States Post Office. Staff
Recommendation: Approve the lease for a new Post Office, subject to
City Council approval of the required Health and Safety Code, Section
_00001
Minutes of the Redevelopment Agency
Moorpark, California Page 2 July 2 2008
33433 Summary Report and to final language approval by the Executive
Director and Agency Counsel.
Mr. Riley gave the staff report.
A discussion followed among the Agency Members and staff concerning
the need to including a drive -up mail box and more internal customer
service counter areas in the design.
In response to Chair Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Parvin moved and Agency Member Mikos seconded
a motion to: 1) Approve the lease for a new Post Office, subject to City Council
approval of the required Health and Safety Code, Section 33433 Summary
Report and to final language approval by the Executive Director and Agency
Counsel and 2) Directed staff to continue pursuit of a drive -up mail box and
expanded interior customer service counter area. The motion carried by
unanimous voice vote.
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0,
Agency Member Millhouse abstaining due to his absence from the June 18, 2008
meeting.
A. Consider Minutes of Regular Meeting of June 18, 2008. Staff
Recommendation: Approve the minutes.
7. CLOSED SESSION: None was held.
8. ADJOURNMENT:
MOTION: Agency Member Parvin moved and Agency Member Van Dam seconded a
motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion
carried by unanimous voice vote. The time was 8:58 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
f' n
S. B.
�I *r,ti OF r1i0 1RPARi,, C C
Rr- tevelopment Agency Meefir;g
.,t
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors 'v
From: David C. Moe II, Redevelopment Manager
Date: August 11, 2008 (Agency Meeting of 8/20/08)
Subject: Consider Resolution Approving Design and Engineering Agreement
Between the Redevelopment Agency of the City of Moorpark and
CVE Engineering and Amending Fiscal Year 2008/09 Budget to Fund
the Project
BACKGROUND
The Redevelopment Agency of the City of Moorpark ( "Agency") acquired a 4.77 acre
site, located at the terminus of West High Street and continuing east to the north
Metrolink parking lot, from the Ventura County Transportation Commission on August 8,
1993, at a cost of $800,000.00.
On July 2, 2008, the City Council authorized the Agency to enter into a long term lease
with the United States Postal Service ( "Postal Service ") at the terminus of West High
Street for approximately one acre. Shortly after the authorization to proceed from the
City Council, the Agency Board approved a 99 year lease with the Postal Service to
provide a site for a proposed downtown post office. The proposed lease with the Postal
Service would have a nominal rate of $1.00 per year and continue as long as the Postal
Service maintains the site as its main Moorpark Post Office (approximately 6,000
square foot building), including retail services and supporting onsite improvements.
DISCUSSION
The Postal Service has a very aggressive schedule to construct the proposed
downtown post office, and needs it to be under construction by the end of the calendar
year. If this schedule is not met, it is likely that construction of the downtown post office
will be suspended into the foreseeable future.
In order to help facilitate the construction of the post office and make it financially
feasible, the Agency will need to resurface High Street (Moorpark Avenue to the west
terminus of High Street); construct the public parking lot east of the post office; and
provide driveway access to the west parking lot of the post office.
900403
Honorable Agency Board of Directors
August 20, 2008
Page 2
Exhibit A is a professional services agreement in the amount of $70,740.00 between the
Agency and CVE Engineering for the design and engineering of the High Street public
improvements and supportive public parking needed to facilitate the development of the
proposed downtown post office. The public parking designed and constructed by the
Agency would also be available for downtown parking needs.
Prior to expending Agency funds on public improvements, Section 33445 of the Health
and Safety Code requires the Agency to make the following three findings:
The public improvements are of benefit to the project area and
the immediate neighborhood of the project area.
2. No other reasonable means of financing such public
improvements are available to the City of Moorpark.
3. The Agency's contribution to the cost of the public improvement
will assist in the elimination of blight and is consistent with the
five year implementation plan.
The attached resolution ( "Exhibit B ") lists the required Agency findings and authorizes a
budget amendment in the amount of $78,000.00 from MRA Area — 1 Operations Fund.
The budget amendment includes the amount of the professional service agreement and
a contingency of $7,260.00.
FISCAL IMPACT
A budget amendment in the amount of $78,000.00 from the MRA Area — 1 Operations
Fund is needed for the design and engineering of this project.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2008 — approving an amendment to fiscal year 2008
— 2009 budget in the amount of $78,000.00; and
2. Authorize the Executive Director of the Redevelopment Agency to execute the
Design and Engineering Agreement for this transaction, subject to final language
approval by Executive Director and Agency Counsel.
EXHIBIT "A" Professional Services Agreement
EXHIBIT "B" Resolution
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK AND CVE ENGINEERING, INC. FOR
ENGINEERING SERVICES FOR THE POSTAL SERVICE
AND DOWNTOWN PARKING IMPROVEMENTS
This Agreement is made and entered into in the City of Moorpark on this
day of , 2008, by and between the Redevelopment Agency of the City
of Moorpark ( "Agency "), a public body, corporate and politic, and CVE Engineering, Inc.,
a California corporation providing engineering and project coordination services
( "Consultant "). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
I. Term
This Agreement shall commence on and shall remain and
continue in effect until the tasks described herein, and on any amendments hereto, are
completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Agency hereby retains Consultant in a contractual capacity to perform
construction management services as set forth in Exhibit A, Proposal, attached hereto
and incorporated herein. If the Proposal is modified by this Agreement, or in the event
there is a conflict between the provisions of the Proposal and this Agreement, the
language contained in this Agreement shall take precedence.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his /her
ability, experience, and talent, perform all tasks described herein. Consultant shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder to meet its
obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Consultant and Agency shall be Frank Lussier, or designee.
The Executive Director, or his designee, shall represent Agency in all matters
pertaining to the administration of this Agreement, review and approval of all products
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Redevelopment Agency of the City of Moorpark and CVE Engineering, inc.
submitted by Consultant. The Executive Director is authorized to act on Agency's behalf
to execute all necessary documents which increase the scope of services or change
Consultant's compensation, subject to Section 5 hereof.
5. Payment
a) For providing services as specified in this Agreement, Agency shall pay and
Consultant shall receive as full compensation a total sum based on fees as shown in
Proposal, in no event shall total compensation for the herein described work exceed that
described in the proposal without prior written authorization from Agency.
b) In the event that additional work is required of Consultant, beyond the Scope of
Work for this Agreement, Consultant may be authorized to undertake and complete such
additional work only if such authorization is provided in writing, identifying the exact
nature of the additional work required and a "not -to- exceed" fee to be paid by Agency for
such work.
c) Consultant will submit invoices at the completion of each of the tasks. Invoices
shall be submitted on or about the first business day of the month, or as soon thereafter
as practical, for services provided. Any expense on any invoice shall have appropriate
documentation to be considered for payment. Payment shall be made within 30 -days of
receipt of each invoice as to all non - disputed fees or expenses. If the Agency disputes
any of Consultant's fees it shall give written notice to Consultant within 15 -days of receipt
of an invoice of any disputed fees set forth on the invoice.
6. Incorporation by Reference
All exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement without Cause
a) The Agency may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the Agency suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of the
termination, provided that the work performed is of value to the Agency. Upon
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Redevelopment Agency of the City of Moorpark and CVE Engineering. Inc
termination of the Agreement pursuant to this Section, the Consultant will submit an
invoice to the Agency pursuant to Section 5.
8. Default of Consultant
a) 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, Agency shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate 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.
b) If the Executive Director or his /her designee determines that the Consultant is
in default in the performance of any terms or conditions of this Agreement, the Executive
Director shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service 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 Agency 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.
9. Indemnification for Professional Liability
Consultant agrees to indemnify, protect, defend, and hold harmless the Agency,
and any and all of its officials, employees, and agents from and against any and all
losses, liabilities, damages, costs and expenses, including attorney's fees and costs to
the extent same are caused in whole or in part by any negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or sub - consultants in the
performance of professional services under this agreement.
10. Indemnification for Other than Professional Liability
Other than in the performance of professional services and to the full extent
permitted by law, Consultant shall indemnify, defend, and hold harmless Agency, and
any and all of its officials, employees and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, or are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Consultant
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or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees, subconsultants, or contractors and subcontractors
of Consultant.
11. General Indemnification Provisions
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant,
contractor, subcontractor, or any other person or entity involved by, for, with, or on behalf
of Consultant in the performance of this Agreement. In the event Consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be
fully responsible according to the terms of this section. Failure of Agency to monitor
compliance with these requirements imposes no additional obligations on Agency and
will in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend Agency 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.
Agency does not and shall not waive any rights that it may have against
Consultant by reason of this Section, because of the acceptance by Agency, or the
deposit with Agency, 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 Section 9 and 10 of this
Agreement.
12. Insurance
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
Agreement.
13. Independent Consultant
a) Consultant is and shall at all times remain as to the Agency a wholly
independent Consultant. 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 Agency 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,
employees, or agents of the Agency. Consultant shall not incur or have the power to
incur any debt, obligation, or liability whatever against Agency, or bind Agency in any
manner.
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Redevelopment Agency of the City of Moorpark and CVE Engineering Inc
� .-,. I 1 1 Q
b) No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for Agency. Agency shall not be liable for
compensation or indemnification to Consultant for injury or sickness arising out of
performing services hereunder.
14. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery
by a reputable document delivery service, which provides a receipt showing date and
time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by notice:
Agency: Redevelopment Agency of the
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Executive Director
Consultant: CVE Engineering, Inc.
Post Office Box 7208
Thousand Oaks, CA 91360
Attention: John E. Tracy, President
15. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the Agency. It is
understood and acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
16. Entire Agreement
This written Agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete Agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding, or representation be binding on the parties hereto. Should interpretation
of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement
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Redevelopment Agency of the City of Moorpark and CVE Engineering, inc.
was prepared by the parties jointly and equally, and shall not be interpreted against
either party on the ground that the party prepared the Agreement or caused it to be
prepared. 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 provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
17. Anti - Discrimination
In the performance of the terms of this Agreement, Consultant agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of the age, race, color, creed, sex,
sexual orientation, national origin, ancestry, religion, physical disability, medical
disability, medical condition, or marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
18. General Conditions
a) Consultant agrees not to work for any private firm located within the Agency
limits or its Area of Interest, or for any public agency where its jurisdiction includes all or
part of the Agency without the prior written consent of the Agency, during the term of this
Agreement. Furthermore, Consultant agrees to limit its actions related to economic
interest and potential or real conflicts of interest as such as defined by applicable State
law to the same standards and requirements for designated Agency employees.
b) Agency shall not be called upon to assume any liability for the direct payment
of any salary, wage or other compensation to any person employed by Consultant
performing services hereunder for Agency.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all
original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Consultant or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of Agency. Any word processing computer files provided to
Agency shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by Agency or Consultant or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of any other association of
any kind or nature between Agency and Consultant.
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J�s�0
e) 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 reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an award
thereof.
f) Cases involving a dispute between Agency and Consultant may be decided by
an arbitrator if both sides agree in writing on the arbitration and on the arbitrator
selected, with costs proportional to the judgment of the arbitrator.
g) The captions and headings of the various Sections 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 Sections and Exhibits hereof.
h) If any portion of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will never - the -less continue
in full force without being impaired or invalidated in any way.
i) No officer, employee, director or agent of the Agency shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he is directly or indirectly
interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
19. Governing Law
The Agency 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.
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.
20. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that this individual has the authority to execute this Agreement on behalf
of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
REDEVELOPMENT AGENCY OF THE CONSULTANT:
CITY OF MOORPARK: CVE Engineering, Inc.
Steven Kueny John E. Tracy
Executive Director President
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A ": Proposal for Professional Services
Exhibit "B ": Insurance Requirements
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineering, inc.
Page 8 of 8
CVE ENGINEERING, INC. EXHIBIT A
C v . Structural and Design Engineering ' Survey,ng ' Land Planning
P O Box 7208
Thousand Oaks. CA 91360
(805) 496 -2282 / (805) 496 -1653 FAX / e -mail cveCcDgte.net DATE: July 14, 2008
CLIENT: City of Moorpark /Redevelopment Agency Contract #: 2008 -3181 IP
Attn Mr Hugh Riley
799 Moorpark Avenue
Moorpark, CA
805 - 517 -6215 w / 805- 532 -2530 facsimile
PROJECT LOCATION: High Street, City of Moorpark, County of Ventura, State of California
SCOPE OF WORK OVERVIEW: 1. Street Improvement Plans for High Street; 2. Right -of -Way
Easement Acquisition ; 3. Plot Easements; 4. Project Coordination; 5. Topography Survey-
6 Grading. Paving and Drainage Plan; 7. Striping Plan; 8. Utility Investigation; 9. Landscape
and Irrigation Plan. 10. Storm Drain Specifications: 11. Storm Drain Plans: 12. Electrical
Lighting and Conduit Plan
This agreement, entered into at Thousand Oaks, on the 14" day of July by and between City of
Moorpark /Redevelopment Agency, hereinafter called "Client" and CVE Engineering, Inc. hereinafter
calved ''Engineer ". is as follows:
Present record owner of property City of Moorpark / Redevelopment Agency, 799 Moorpark Ave .
Moorpark, CA
A. The Client and Engineer for mutual consideration hereinafter set forth agrees as follows:
CVE Engineering. Inc does hereby set out the Scope of Work for above Project in "Addendum A"
attached. to be a legal part of this Contract with 'Exhibit A" detailing the location and site of Project
Scope of Work
'Client to provide: current Title Policy for property involved prior to commencement of work.
`Exclusions does not include Soils Engineering, Printing, or Agency /Government Fees
'Note: Construction Staking - CVE Engineering: Inc. will submit a separate proposal for performing
construction staking when Project site ready for Grading and Improvements to commence.
'Note: Copies of Sub Contractor's contracts are included for scope of work delineation purposes
on :y CVE Engineering. Inc. will Invoice their services to the Client with all other charges as they are
Performed
B. Client agrees to pay Engineer as compensation for their services as follows::
Project will be Invoiced by CVE Engineering, Inc. as items are completed and submitted to the City
of Moorpark. A signed Contract from the Client will serve as Notice to Proceed
RATES: Registered Civil Engineer /Principal/ Design / Consulting /Coordination /Processing -
S120 00 per hour / Survey crew (2 person) $210.00 per hour
The standard provisions set forth upon the reverse side are here incorporated into and made a part
of this agreement. In witness whereof, the parties hereto have accepted, made and executed this
agreement upon the terms, conditions, and provisions above stated and on reverse side herewith.
the day and year first above written
CVE ENGINEERING, INC. CLIENT.
'John E Tracy, R.C.E 15566, is licensed by the Board for Professional Engineers and Land
Surveyors' California Code of Regulations, Title 16, Chapter 5, Section 463.5
John E Tracy City of oorpar
President Authorized Signer: Mr. Hugh Riley
Date Date:
*P ease sign one copy of this contract (side 1 and side 2) and return to our office as Notice to Proceed Contracts sent by
facsimile will be accepted to commence work, however an original Contract signed by the Client must be received in our
offices by mail, delivery, courier, etc within five (5) days of Contract acceptance by Client The second copy is for your
records
\\Cvesrv0l\data\CVE Clients Open\Moorpark City 3181 IP OPEN - Post Office \Contracts\Contract C3181 IP Rev 07 14
08 wpd Page 1 of CVE Engineering, Inc. Contract 3181 IP 07 14 08
Page 2 of CVE Engineering, Inc. Contract 3181 IP 07 14 08
CVE ENGINEERING, INC.
Civil, Structural and Design Engineering ` Surveying ' Land Planning
P.O. Box 7208
Thousand Oaks, CA 91360
(805) 496 -2282 / (805) 496 -1653 FAX / e -mail: cve gte.net DATE: July 14, 2008
CLIENT: City of Moorpark Contract # 2008 -3181 IP
Attn: Mr. Hugh Riley
799 Moorpark Avenue
805 - 517 -6215 w / 805 - 532 -2530 f
PROJECT LOCATION: High Street, City of Moorpark, County of Ventura, State of California
ADDENDUM "A "- Section 1
ITEM 1. Street Improvement Plans
Perform Field Topography of High Street and Two (2) Lane Driveway for Post
Office
Prepare City of Moorpark Standard Title Street
Prepare City of Moorpark Standard Plan for Road Improvements
Prepare Typical Section, Construction Specifications and Details for Road
Improvements and Driveway (900 linear feet of driveway)
Design Right Turn Lane at Moorpark Avenue
Engineering Estimate for Item 1: $ 8,500.00
ITEM 2. Legal Description and Sketch for Right -of -Way Easement Acquisition
Prepare Legal Description and Sketch for Right -of -Way Easement Acquisition for .
Essex Property; City of Moorpark to process Easement for signatures and
recordation.
Engineering Estimate for Item 2: $ 960.00
ITEM 3. Easements
Plot all easements received from the Title Company (provided by Mr. David Moe of
the City of Moorpark) on Topography Map (previously prepared by CVE
Engineering, Inc.) for Post Office Site
Engineering Estimate for Item 3: $ 2,880.00
ITEM 4. Project Coordination
Project Coordination - to be Invoiced on an hourly basis at $120.00 per hour per
Principal
ITEM 5. Topography Survey
Perform Topography Survey of Parking Lot area and prepare Topographical Base
Map of same
Engineering Estimate for Item 5: $ 2,500.00
ITEM 6. Grading, Paving and Drainage Plan
Prepare Grading, Paving and Drainage Plan; prepare Hydrology Report and
Design Parking Lot between Moorpark Road and Post Office Site
Engineering Estimate for Item 6: $ 9,600.00
ITEM 7. Striping Plan
Prepare Striping Plan and Specifications
Engineering Estimate for Item 7: $ 1,200.00
Page 3 of CVE Engineering, Inc. Contract 3181 IP 07 14 08
CVE ENGINEERING, INC.
CLIENT: City of Moorpark
DATE: July 14, 2008
Contract # 2008 -3181 IP
PROJECT LOCATION: High Street, City of Moorpark. County of Ventura, State of California
ADDENDUM "A "- Section 2
ITEM 8. Utility Investigation
Perform Utility Investigation of all concerned utilities as they relate to this project;
send two (2) sets of plans to each respective utility for review and mark up of one
(1) set of plans and return to CVE Engineering, Inc. for inclusions of their
changes, if any, in CVE's plans. Any design work for utilities is to be performed by
said utility company and is not a part of this contract and scope of work
Engineering Estimate for Item 8: $ 1,200.00
ITEM 9. Landscape and Irrigation Plan
Prepare Landscape and Irrigation Plan and prepare Specifications
(All work in this section is to be prepared by Landscape Design under CVE
Engineering, Inc.'s oversight, coordination and review - A copy of the Landmark
proposal is attached and made a part of this contract fully detailing the
scope of work; exclusions and parameters)
Engineering Estimate for Item 9: $ 6,450.00
ITEM 10. Construction Specifications
Prepare Construction Specifications for Project Design work as performed by RJR
Engineering Group
Engineering Estimate for Item 10: $ 9,500.00
ITEM 11. Storm Drain Plan and Profile
Prepare and design preliminary and final Storm Drain Plan and Profile for
construction purposes; revise Hydrology Study originally prepared for the Essex
Site for use in present project; prepare necessary Cost Estimates for Storm Drain
System with necessary project notes, cross sections, details and quantity
estimates;
review alternatives to main design; prepare necessary Hydraulic Calculations for
said Storm Drain; RJR Engineering will be present at necessary meetings, but
does not include processing (by RJR); provide an updated Geotechnical letter to
address the Storm Drain Construction; research County of Ventura Records;
prepare Model and prepare preliminary hydraulics to determine pipe sizing and
alignment
(All work in this section is to be prepared by RJR Engineering under CVE
Engineering, Inc.'s oversight, coordination and review - A copy of the RJR
Engineering proposal is attached and made a part of this contract fully detailing the
scope of work; exclusions and parameters)
Engineering Estimate for Item 11: $ 22,500.00
ITEM 12. Prepare Electrical Lighting and Design Plan and Specifications
(Ail work in this section is to b,� prepared by Toier and Associates under CVE
Engineering, Inc.'s oversight, coordination and review - A copy of the Toler
Contract scope of work is attached and made a part of this contract fully detailing
the scope of work: exclusions and parameters)
Engineering Estimate for Item 12: $ 5,450.00
ADDENDUM TOTAL: $ 70,740.00
"Additional services not listed above and requested by the City of Moorpark / Redevelopment Agency
will be based on hourly rates as stated on this Contract and /or those of other consultants
June 30, 2008
Rev. July 3, 2008
P.N. 08 -1515C
CVE ENGINEERING, INC.
P.O. Box 7208
Thousand Oaks, California 91360
Attention: Ms. Mary Lussier, Project Director
Subject: PROPOSAL FOR CIVIL ENGINEERING SERVICES
PREPARATION OF STORM DRAIN PLANS &
HYDROLOGY & HYDRAULICS
PROPOSED POST OFFICE
HIGH STREET
MOORPARK, CALIFORNIA
Dear Ms. Lussier:
Civil Engineering
Land Planning
Hydrology /Flood Control
Geotechnical Engineering
Geology /SeismiC Hazards
Public works Services
Storm water Management
RJR Engineering Group (RJR) is pleased to present this proposal for CVE Engineering
(herein referred to as "Client ") and the City of Moorpark for performing civil engineering
services for the High Street improvements associated with the proposed Post Office. This
proposal follows meetings and discussions with CVE and the City of Moorpark, and RJR
experience and design work associated with Essex Development.
RJR has proposed an engineering scope of work outlined in Exhibit "A ". Exhibit "B"
presents an itemized breakdown of costs. Exhibit "C" provides general exclusions from this
agreement. Exhibit "D" provides a Standard Agreement and Fee Schedule.
1.0. Project Summary
The following understandings and assumptions form the basis for this proposal:
A. The intent of this proposal is to revise the Hydrology Study prepared by RJR
for the Essex Development site for use in the design of the storm drain
system. At the present time, the design runoff (Q) is based on the previous
studies performed by RJR and PACE which is based on the City Master
Drainage Plan.
1956 Palma Drive, Suite 1 i Ventura, CA 93003 I p 805.650.5125 1 f 805 650 5123
890 OSOS Street Suite A ; San ILuiS Obispo I CA 93401 t p 805 596,0216 1 f 805.596 0256 1 www rlreng Com
)D4i A,-6
,I,OL-102
B. RJR proposed to prepare storm drain plan and profile plans for purposes of
construction to intercept the existing surface open channel that traverses from
north to south from the Casey Road culvert, across the Essex site. The
proposed storm drain will initiate at a point on or south of the Essex
Development site, the exact location will be determined in the design, and
then extend down stream approximately 350 feet and outlet into the existing
channel.
C. RJR will prepare the necessary cost estimates for the storm drain system.
D. The proposed storm drain system is tentatively intended to consist of a pipe
elliptical pipe if it is determined that curved joint sections can be obtained.
Alternatives will most likely be restricted to a box culver to accommodate
minimum cover.
E. RJR will prepare the necessary hydraulic calculations for the proposed storm
drain. At the present time, previous analysis indicates that the High Street
open channel is currently undersized. Therefore, the design will need to
ensure that downstream surcharges are within acceptable limits.
F. These plans are for submittal to City Public Works, Engineering Division for
review and approval by the County of Ventura Watershed Protection. This
proposal is based on the adopted ordinances, standards and policies.
G. RJR will utilize the existing survey and any additional survey will be on the
same bench mark to ensure continuity and compatibility.
H. We understand that any survey and boundaries is available and suitable for
use in electronic format with the necessary elevations and setup.
I. All processing thru the County of Ventura Watershed Protection will be
coordinated by the City of Moorpark, however RJR will be present of conduct
meetings as necessary or directed accordingly. No other processing or
permitting is included in this scope of work. Further, this scope of work does
not include any processing or permitting thru FEMA or other agencies.
J. RJR will be provided the necessary Title reports, boundary and easement data.
As well, all survey data, easements and legal descriptions will be provided by
others.
K. RJR will provide an updated geotechnical letter to address the storm drain
construction.
ValleyCrest/Arcadia - Civil Proposal Page: 2
2.0. Fee Schedule
All fees are based on the attached fee schedule at the hourly rate. All work outlined in
Exhibit A will be performed on a "Time and Materials" and will not exceed the estimates
presented in Exhibit B without notice.
The quoted fee does not include work not outlined in the above scope of work, nor surveying.
However, the above quoted prices will not be exceeded without prior written approval.
Additional work and significant design changes will be billed at our typical hourly rate
presented above. All blueprinting and reproduction costs will be billed separately per the
Standard Agreement
All outside reproduction and other services will be billed to the Client at cost if paid within
30 days of the date in invoices. Any invoices in excess of 30 days will require an additional
1.5 percent interest.
3.0. Time Line
RJR will initiate work immediately upon receipt of a signed agreement and any electronic
survey data.
4.0. Project Staffing
The following key persons will be directly assigned to the design and over -sight of the
project:
Principal Engineer: Mr. Robert W. Anderson, RCE 58383
Senior Engineer: Mr. Jeff Van Fleet
Project Engineer: Mr. Rick Hajas
This proposal is valid only if accepted within 30 days of the date submitted. Should the
proposed scope of work and terms meet with your approval, please sign a copy of the
Standard Agreement as authorization to proceed. Final payment is due upon presentation of
the plans for submittal. The initiation of the contract will be based on the date of receipt of
the full agreement by RJR. We will subsequently provide you a copy of the executed
contract.
We appreciate the opportunity to provide this proposal for your project. If you have any
questions, or if we can be of further assistance on this or other projects, please do not hesitate
to give us a call at (805) 650 -5125.
ValleyCrest/Arcadia - Civil Proposal - Page: 3
,_S 0 i 8
Sincerely,
RJR ENGINEERING GROUP
C P tz-� lo. Otw�kzJg-
Robert W. Anderson, N.S.P.E., P.E., J.D.
Principal Engineer /Partner
ValleyCrest/Arcadia - Civil Proposal ( Page: 4
0116,AG92
EXHIBIT A
Scope of Work — Grading & Drainage Plan
RJR proposes the following scope of work:
Task 1: Research County records pertaining to exiting downstream open channel facilities
and information;
Task 2: Prepare preliminary layout and design of the proposed storm drain system. The
storm drain plan will be based on the proposed High Street Plans prepared by CVE
Engineering.
Task 3: Model and prepare preliminary hydraulics utilizing WSPG to determine pipe sizing
and alignment.
Task 4: Prepare and finalize Storm Drain Plan and Profile plans necessary for construction.
The plan shall be at a scale of F = 20' (horizontal) and 1" = 4' (vertical) and will include the
necessary grades, elevations, slopes, details, callouts and construction notes. We will need a
copy of a recent title report and legal descriptions describing all easements. All plans will be
prepared on Autocad 2008 and land Development Design Program. We also request that any
other available information such as plans, previous reports, and any other information
pertaining to the site be forwarded to RJR for review at the start of the project;
The proposal assumes no improvements or significant changes or re- designs will be required
for the downstream channel.
Task 5: Prepare final hydraulic calculations for the proposed storm drain system.
Task 6: Prepare projects notes, cross sections, details and quantity estimates;
Task 7: Prepare a Hydrology Report for the proposed storm drain system and plans.
Task 8: Prepare an update letter for Geotechnical conditions to be encountered in the
proposed storm drains and for the necessary construction.
Task 9: Prepare a construction cost estimate for the proposed storm drain system
improvements.
ValleyCresUArcadia - Civil Proposal /` Page: 5
�1
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�/ _ "Y tiivt o
ILD9
EXHIBIT C
Specific Exclusions to the Scope of Work
The following services are expressly excluded from the Scope of Work in Exhibit B:
1. Perspective drawings, renderings, scale models of mock -ups or samples except as specifically noted in the
Scope of Work.
2. Presentations and preparation of documents and exhibits for hearings, community groups or review
committees.
3. Dry utilities and laterals which is to be done by Client's contractor representative. This includes design of
electrical systems, telephone facilities, and/or underground cable television systems.
4. Title reports and title services which are to be provided by the Client's title company.
5. Obtaining permission from off site property owners for grading or improvement work outside of the
Client's ownership.
6. Acting as an expert witness.
7 The structural engineering of any required improvements such as the structural design of box culvert. The
design will include bedding and D -Load designs. If standard details are not used, the design excludes the structural
details of box culverts and shoring.
8. Revisions of plans necessitated because of Client or Client's consultants changes to the design criteria.
This shall include any review comments made by the client deemed not relevant, excessive or not pertinent to work
performed by RJR.
9. Changes that are inconsistent with written approvals or instructions previously given; or, are required by
the enactment or revision of codes, laws, or regulations subsequent to RJR's preparation of documents, maps, or
improvement plans.
10. Bid forms and documents, including construction cost estimates.
11. Any requirements for stream improvements, wetlands mitigation, etc. not expressly stated in the scope of
work.
12. No Field, Boundary or Construction Surveying.
13. It is understood that the Client will furnish any environmental documentation and studies that may be
required by the City, County, State of California and other agencies.
14. The Client shall pay all fees, bonds, etc., required by the approving agencies including, school districts,
water districts, and other jurisdictional agencies.
15. Printing and reproduction cost.
16. All other discussions or exclusions previously discussed or not typically included in civil engineering
services provided for custom residential developments.
ValleyCresUArcadia - Civil Proposal Page: 7
RJR ENGINEERING
PROFESSIONAL FEE SCHEDULE
CIVIL ENGINEERING & PLANNING PROFESSIONALS Hourly Rate
PrincipalEngineer ..................................... ............................... $170.00
Associate Engineer ..................................... ............................... $150.00
Senior Engineer ....................... ...
.................... $125.00
ProjectEngineer ..................................... ............................... $105.00
Staff/Design Engineer ..................................:... ............................... $ 90.00
Plan Processor ..................................... ............................... $ 75.00
Draftsman..................................... ............................... $ 65.00
STREAM RESTORATION/HYDRAULICS & FLOOD CONTROL PROFESSIONALS
Principal Engineer ...................................... ...............................
$180.00
Associate Engineer ...................................... ...............................
$160.00
Senior Engineer ...................................... ...............................
$135.00
Project Engineer ...................................... ...............................
$115.00
Staff(Design Engineer ...................................... ...............................
$100.00
Plan Processor ....................................... ...............................
$ 85.00
GEOTECHNICAL PROFESSIONALS
Principal Professional ................. ...... ................ ............ I .......1 $160.00
Associate Professional .I .... ... I .............. .. ....I .............................
.......... $145.00
Senior Professional ...................................... ............................... $120.00
Project Professional ...................................... ............................... $100.00
Staff Professional ...................................... ............................... $ 85.00
Field Technician ...........................
Draftsman...................................... ............................... $ 65.00
LabTechnician...................................... ............................... $ 55.00
DIRECT COSTS
Administration..................... ............................... .............. $ 45.00
Direct Costs ...................................... ...............................
Cost + 15%
Outside Reproduction ........................ ..... ... ...............................
... ...
Cost + 15%
Outside Laboratory ...................................... ...............................
Cost + 15%
Materials& Expenses ...................................... ...............................
Cost + 15%
Mileage (Portal to Portal) ..................................... ...............................
$0.75/Mile
Magnetic Locator ................ ..............................
Nuclear Test Equipment. .................................... ...............................
$100.00/Day
GPSUnit ......................... ............................... . ..............
$100.00/Day
In House Laboratory Fees ........................................................... I...........
See "Lab Fee Schedule"
In House Reproduction ................................... ...............................
See "Below Fee Schedule"
Copies: $0.15 Bonds (6 s.f.) $6.00
Bindings: $1.00
Bond Scan $2.00 Vellums (6 s.f.) $10.00
Mylar (6 s.f.) $15.00
Elect. Scan $10.00 (on cd)
All work will be performed on a "Time and Materials " based on the above fees unless otherwise expressly stated.
622
Subject to Change without Notice Effective January, 2007
Copyright 2007 RJR Engineering Group, Inc. - All Rights Reserved
011L.D9
EXHIBIT B
Cost Estimate
All work will be performed on a Time and Materials basis. RJR has previously provided an
estimated work sheet. Based on this data, RJR estimates the following fees:
Task 1 - 9 $22,500.00
Reproduction: T &M
Processing and Meetings: T & M
Plan Check Changes* or Design Changes: T & M
*Work requested by the reviewer for clarification is not charged to the client.
ValleyCrest/Arcadia - Civil Proposal Page: 6
l
EXHIBIT D
RJR Agreements
Professional Fee Schedule
2. Standard Agreement
J )024
Ttps
I El tom ofof 49ieement is dtstributed oy Client Irotials ConsuRant Indials
CEYSOC I
CliN,i14.1"ING FAMAH1:1 "AMU AGREEMENT BETWEEN CLIENT AND CONSULTANT
LAND S`UVI.Y `S 01 `AIMO A This form of agreement (Form A) was developed by the Consulting
Engineers and Land Surveyors of California and is intended primarily
for the use of CELSOC members and may not be reproduced without
the permission of the Consulting Engineers and Land Surveyors of
California. 0 2001, 1998, 1994, 1991, 1989, 1987, 1984, 1982, 1979, 1978,
1975, 1973, 1970, 1967
NOTICE: This form of agreement is copyrighted by CELSOC and is only printed by CELSOC on security paper, which has a blue
basket -weave background design. The background design will not appear on a photocopy.
Project No. CSC
Agreement entered into at Ventura County on this date of 6 f 3 p / n R , by and between:
Client:
Name
Address
Consultant: RJR Engineering Group
Name
Address 1956 Palma Drive Suite J
Ventura, CA 93003
Phone Fax Phone 805-650-5125
Email Email rjr@rjreng.com
License No. C,058383
Client and Consultant agree as follows:
A. Client retains Consultant to perform services for:
Per Agreement PN08- 1515C, dated June 30, 2008
hereinafter called "project."
B. Consultant agrees to perform the following scope of services:
Exhibit A
C. Client agrees to compensate Consultant for such services as follows:
Exhibit B
Fax 805- 650 -5123
D. This agreement is subject to the Provisions of Agreement contained in paragraphs 1 through 49, and the provisions of
the exhibits attached hereto and made a part hereof. (List exhibits below.)
Exhibits A -D, and any and all contract Addendums
and /or subsequent phases. J
X0025
PREaV9 OMS O% /`iGRleEi ENT
Client and Consultant agree that the following
provisions shall be part of this agreement:
L Client and Consultant agree to cooperate with each
other in order to fulfill their responsibilities and obliga-
tions under this agreement. Both Client and Consultant
shall endeavor to maintain good working relationships
among members of the project team.
2. This agreement shall be binding upon the heirs,
executors, administrators, successors and assigns of Client
and Consultant.
3. This agreement shall not be assigned by either Client
or Consultant without the prior written consent of the
other.
4. This agreement contains the entire agreement between
Client and Consultant relating to the project and the
provision of services for the project. Any prior agreements,
promises, negotiations or representations not expressly set
forth in this agreement are of no force or effect..Subse-
quent modifications to this agreement shall be in writing
and signed by both Client and Consultant.
5. Consultant's or Client's waiver of any term, condition
or covenant shall not constitute the waiver of any other
term, condition or covenant. Consultant's or Client's
waiver of any breach of this agreement shall not constitute
the waiver of any other breach of the agreement.
6. If any term, condition or covenant of this agreement is
held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions of this
agreement shall be valid and binding on Client and Con-
sultant.
7. This agreement shall be governed by and construed in
accordance with the laws of the State of California.
8. If the scope of services includes Consultant's assis-
tance in applying for governmental permits or approvals,
Consultant's assistance shall not constitute a representa-
tion, warranty or guarantee that such permits or approvals
will be acted upon favorably by any govenurtental agency.
9. Upon Consultant's request, Client shall execute and
deliver, or cause to be executed and delivered, such
additional information, documents or money to pay
governmental fees and charges which are necessary for
Consultant to perform services pursuant to the terms of
this agreement.
10. Client acknowledges all reports, plans, specifications,
Field data and notes and other documents, including all
documents on electronic media, prepared by Consultant
are instruments of service, and shall remain the property of
Client Initials Consultant lnihals
Consultant and may be used by Consultant without the
consent of Client. Upon request and payment of all costs
involved, Client is entitled to a copy of all final plans and
specifications for use in connection with the project for
which the plans and specifications have been prepared.
Client acknowledges that its right to utilize final plans and
specifications and the services of Consultant provided
pursuant to this agreement will continue only so long as
Client is not in default, pursuant to the terms and condi-
tions of this agreement, and Client has performed all its
obligations under this agreement.
11. Client agrees not to use or permit any other person to
use plans, specifications, drawings, cost estimates, reports
or other documents prepared by Consultant which plans,
specifications, drawings, cost estimates, reports or other
documents are not final and which are not signed and
stamped or sealed by Consultant. Client shall be respon-
sible for any such use of non -final plans, specifications,
drawings, cost estimates, reports or other documents not
signed and stamped or sealed by Consultant. Client hereby
waives any claim for liability against Consultant for such
use. Client further agrees that final plans, specifications,
drawings, cost estimates, reports or other documents are
for the exclusive use of Client and may be, used by Client
only for the project described on page 1 of 7 of this
agreement. Such final plans, specifications, drawings, cost
estimates, reports or other documents may not be changed
or used on a different project without written authorization
or approval by Consultant. If signed check - prints are
required to be submitted with a stamp or seal, they shall
not be considered final for purposes of this paragraph.
12. In accepting and utilizing any drawings, reports and
data on any form of electronic media generated and
furnished by Consultant, Client covenants and agrees that
all such electronic files are instruments of service of
Consultant, who shall be deemed the author, and shall
retain all common law, statutory law and other rights,
including copyrights.
Client agrees not to reuse these electronic files, in
whole or in part, for any purpose or project other than the
project that is the subject of this agreement. Client agrees
not to transfer these electronic files to others without the
prior written consent of Consultant. Client further agrees
to waive all claims against Consultant resulting in any way
from any unauthorized changes or reuse of the electronic
Files for any other project by anyone other than Consultant.
Client and Consultant agree that any electronic files
furnished by either party shall conform to the CADD
Pt
rI_lk - .�
specifications listed in Exhibii . Any changes to the
CADD specifications by either Client or Consultant are
;object to review and acceptance by the other party.
.additional services by Consultant made necessary by
changes to the CADD or other software specifications
shall be compensated for as additional services.
Electronic files fumished by either party shall be
subject to an acceptance period of fifteen (15) days during
which the receiving party agrees to perform appropriate
acceptance tests. The party furnishing the electronic file
shall con ect any discrepancies or errors detected and
reported within the acceptance period. After the acceptance
period the electronic files shall be deemed to be accepted
and neither party shall have any obligation to correct errors
or maintain electronic files.
Client is aware that differences may exist between the
electronic files delivered and the printed hard copy con-
struction documents. In the event of a conflict between the
signed constriction documents prepared by Consultant and
electronic files, the signed and stamped or sealed hard
copy construction documents shall govern.
In addition, Client agrees, to the fullest extent permit-
ted by law, to indemnify and hold harmless Consultant, its
officers, directors, employees, agents and subconsultants
against all damages, liabilities or costs, including reason-
able attorneys' fees and defense costs, arising from any
changes made by anyone other than Consultant or from
any reuse of the electronic files without the prior written
consent of Consultant.
Under no circumstances shall delivery of electronic
files for use by Client be deemed a sale by Consultant, and
Consultant makes no warranties, either express or implied,
of merchantability and fitness for any particular purpose.
In no event shall Consultant be liable for indirect or
consequential damages as a result of Client's use or reuse
of the electronic files.
13. Consultant makes no representations concerning soils
or geological conditions unless specifically included in
writing in this agreement, or by amendments to this
agreement, and shall not be responsible for any liability
that may arise out of the making of or failure to make soils
or geological surveys, subsurface soils or geological tests,
or general soils or geological testing.
14. Client acknowledges Consultant has the right to
complete all services agreed to be rendered pursuant to this
agreement. In the event this agreement is terminated
before the completion of all services, unless Consultant is
responsible for such early termination, Client agrees to
Client In.r s COnS Ult -]nt InA�dG~�
release Consultant from all liability for services performed
In the event all or any portion of the services by Consult-
ant are suspended, abandoned, or otherwise terminated,
Client shall pay Consultant all fees and charges for ser-
vices provided prior to termination, not to exceed the
contract limits specified herein, if any. Client acknowl-
edges if the project services are suspended and restarted,
there will be additional charges due to suspension of the
services which shall be paid for by Client as extra services
pursuant to paragraph 27. Client acknowledges if project
services are terminated for the convenience of Client,
Consultant is entitled to reasonable termination costs and
expenses, to be paid by Client as extra services pursuant to
paragraph 27.
15: If the scope of services to be provided by Consultant
pursuant to the terms of this agreement includes an ALTA
survey, Client agrees that Consultant may sign one of the
ALTA survey statements attached to this agreement and
incorporated herein by reference. In the event Consultant
is required to sign a statement or certificate which differs
from the ALTA survey statements contained in the attach-
ment to this agreement, Client hereby agrees to indemnify
and hold Consultant harmless from any and all liability
arising from or resulting from the signing of any statement
which differs from those statements contained in the
attachment to this agreement.
16. If the scope of services to be provided by Consultant
pursuant to the terms of this agreement includes the
preparation of grading plans but excludes construction
staking services, Client acknowledges that such staking
services normally include coordinating civil engineering
services and the preparation of record drawings based
upon information provided by others, and Client will be
required to retain such services from another consultant or
pay Consultant pursuant to this agreement for such ser-
vices as extra services in accordance with paragraph 27.
17. If the scope of services contained in this agreement
does not include construction -phase services for this
project, Client acknowledges such construction -phase
services will be provided by Client or by others and Client
assumes all responsibility for interpretation of the contract
documents and for construction observation and supervi-
sion and waives any claim against Consultant that may ill
any way be connected thereto. In addition, Client agrees to
indemnify and hold Consultant harmless from any loss,
claim, or cost, including reasonable attorneys' fees and
costs of defense, arising or resulting from the performance
of such services by other persons or entities and from any
and all claims arising from the modification, clarification,
Page 3 of 7
interpretation, adjustments or changes made to the contract
documents to reflect changed field or other conditions,
except for claims arising from the sole negligence or
willful misconduct of Consultant.
18. Consultant shall be entitled to immediately, and
without notice, suspend the performance of any and all of
its obligations pursuant to this agreement if Client files a
voluntary petition seeking relief under the United States
Bankruptcy Code or if there is an involuntary bankruptcy
petition filed against Client in the United States Bank-
ruptcy Court, and that petition is not dismissed within
fifteen (15) days of its filing. Any suspension of services
made pursuant to the provisions of this paragraph shall
continue until such time as this agreement has been fully
and properly assumed in accordance with the applicable
provisions of the United States Bankruptcy Code and in
compliance with the final order or judgment issued by the
Bankruptcy Court. If the suspension of performance of
Consultant's obligation pursuant to this agreement contin-
ues for a period in excess of ninety (90) days, Consultant
shall have the right to terminate all services pursuant to
this agreement.
19. This agreement shall not be construed to alter, affect or
waive any design professional's lien, mechanic's lien or
stop notice right which Consultant may have for the
performance of services pursuant to this agreement. Client
agrees to provide to Consultant the present name and
address of the record owner of the property upon which the
project is to be located. Client also agrees to provide
Consultant with the name and address of any and all
lenders who may loan money on the project and who are
entitled to receive a preliminary notice.
20. If payment for Consultant's services is to be made on
behalf of Client -by a third -party lender, Client agrees that
Consultant shall not be required to indemnify the
third -party lender, in the form of an endorsement or
otherwise, as a condition to receiving payment for ser-
vices.
21. Consultant shall not be required to execute any docu-
ments subsequent to the signing of this agreement that in
any way might, in the judgment of Consultant, increase
Consultant's contractual or legal obligations or risks, or the
availability or costs of his or her professional or general
liability insurance.
22. All fees and other charges due Consultant will be
billed monthly and shall be due at the time of billing
unless specified otherwise in this agreement. If Client fails
to pay Consultant within thirty (30) days after invoices are
Client Initials ConsuRant In vais
rendered, Consultant shall have the right in its sole discre-
tion to consider such default in payment a material breach
of this entire agreement, and, upon written notice,
Consultant's duties, obligations and responsibilities under
this agreement may be suspended or terminated. In such
event, Client shall promptly pay Consultant for all out-
standing fees and charges due Consultant at the time of
suspension or termination. If Consultant elects to suspend
or terminate Consultant's services pursuant to this provi-
sion, Consultant is entitled to reasonable suspension or-
termination costs or expenses.
23. Client agrees that all billings from Consultant to Client
are correct and binding on Client unless Client, within ten
(10) days from the date of receipt of such billing, notifies
Consultant in writing of alleged inaccuracies, discrepan-
cies, or errors in billing.
24. Client agrees to pay a monthly late payment charge,
which will be the lesser of one and one -half percent
(1 -1 /2 %) per month or a monthly charge not to exceed the
maximum legal rate, which will be applied to any unpaid
balance commencing thirty (30) days after the date of the
billing.
25. If Consultant, pursuant to this agreement, produces
plans, specifications, or other documents and/or performs
field services, and such plans, specifications, or other
documents and/or field services are required by any
governmental agency, and such governmental agency
changes its ordinances, codes, policies, procedures or
requirements after the date of this agreement, any addi-
tional office or field services thereby required shall be paid
for by Client as extra services in accordance with para-
graph 27.
26. In the event Consultant's fee schedule changes due to
any increase of costs such as the granting of wage in-
creases and/or other employee benefits to field or office
employees due to the terms of any labor agreement, or
increase in the cost of living, during the lifetime of this
agreement, a percentage increase shall be applied to all
remaining fees and charges to reflect the increased costs.
27. Client agrees that if Client requests services not
specified in the scope of services described in this agree-
ment, Client will pay for all such additional services as
extra services, in accordance with Consultant's billing
rates utilized for this agreement.
28. In the event that any staking or record monuments are
destroyed, damaged or disturbed by an act of God or
parties other than Consultant, the cost of restaking shall be
- .... Isge 4 nr 7 J
paid for by Client as extra services in accordance with
paragraph 27.
29. Client acknowledges that the design services per-
formed pursuant to this agreement are based upon field
and other conditions existing at the time these services
were performed. Client further acknowledges that field and
other conditions may change by the time project construc-
tion occurs and clarification, adjustments, modifications
and other changes may be necessary to reflect changed
field or other conditions. Such clarifications, adjustments,
modifications and other changes shall be paid for by Client
as extra services in accordance with paragraph 27.
30. Client shall pay the costs of all checking and inspec-
tion .fees, zoning and annexation application fees, assess-
ment fees, soils or geotechnical engineering fees, soils or
geotechnical testing fees, aerial topography fees, and all
other fees, permits, bond premiums, applicable taxes on
professional services, title company charges, blueprints
and reproductions, and all other similar charges not
specifically covered by the terms of this agreement.
31. Client acknowledges and agrees that if Consultant
provides surveying services, which services require the
filing of a Record of Survey in accordance with Business
and Professions Code section 8762, or a Corner Record
pursuant to Business and Professions Code section 8773,
all of the costs of preparation, examination and filing for
the Record of Survey or Corner Record will be paid by
Client as extra services in accordance with paragraph 27.
32. Consultant is not responsible for delay caused by
activities or factors beyond Consultant's reasonable
control, including but not limited to, delays by reason of
strikes, lockouts, work slowdowns or stoppages, accidents,
acts of God, failure of Client to furnish timely information
or approve or disapprove of Consultant's services or
instruments of service promptly, faulty performance by
Client or other contractors or governmental agencies.
When such delays beyond Consultant's reasonable control
occur, Client agrees Consultant shall not be responsible for
damages nor shall Consultant be deemed to be in default of
this agreement. Further, when such delays occur, Client
agrees that, to the extent such delays cause Consultant to
perform extra services, such services shall be paid for by
Client as extra services in accordance with paragraph 27.
33. Consultant shall not be liable for damages resulting
from the actions or inactions of governmental agencies
including, but not limited to, permit processing, environ-
mental impact reports, dedications, general plans and
amendments thereto, zoning matters, annexations or
Clynt Irufidls COnsultanl
consolidations, use or conditional use permits, project or
plan approvals, and building permits.Client agrees that it is
the responsibility of Client to maintain in good standing all
governmental approvals or permits and to timely apply for
any necessary extensions thereof.
34. If the scope of services requires Consultant to estimate
quantities, such estimates are made on the basis of
Consultant's experience and qualifications and represent
Consultant's best judgment as a professional generally
familiar with the industry. However, such estimates are
only estimates and shall not constitute representations,
warranties or guarantees of the quantities of the subject of
the estimate. If the scope of services requires Consultant to
provide its opinion of probable construction costs, such
opinion is to be made on the basis of Consultant's experi-
ence and qualifications and represents Consultant's best
judgment as to the probable construction costs. However,
since Consultant has no control over costs or the price of
labor, equipment or materials, or over the contractor's
method of pricing, such opinions of probable construction
costs do not constitute representations, warranties or
guarantees of the accuracy of such opinions, as compared
to bid or actual costs.
35. Estimates of land areas provided under this agreement
are not intended to be, nor should they be considered to be,
precise. The estimate will be performed pursuant to
generally accepted standards of professional practice in
effect at the time of performance.
36. Client acknowledges that Consultant is not responsible
for the performance of work by third parties including, but
not limited to, the construction contractor and its subcon-
tractors.
37. Consultant makes no warranty, either express or
implied, as to its findings, recommendations, plans,
specifications, or professional advice except that the
services were performed pursuant to generally accepted
standards of professional practice in effect at the time of
performance.
38. In the event (1) Client agrees to, authorizes, or permits
changes in the plans, specifications or documents prepared
by Consultant, which changes are not consented to in
writing by Consultant, or (2) Client agrees to, authorizes or
permits construction of unauthorized changes in the plans,
specifications or documents prepared by Consultant, which
changes are not consented to in writing by Consultant, or
(3) Client does not follow recommendations prepared by
Consultant pursuant to this agreement, which changed
recommendations are not consented to in writing by
,t )r0iGki
arm A Page 5 of 7
Consultant: Client acknowledges that the unauthorized
changes and their effects are not the responsibility of
Consultant and Client agrees to release Consultant from all
liability arising from the use of such changes, and fut'ther
agrees to defend, indemnify and hold harmless Consultant,
its officers, directors, agents, employees and
subconsultants from and against all claims, demands,
damages or costs, including attorneys' fees, arising from
the unauthorized changes.
39. Client agrees that in accordance with generally
accepted construction practices, the construction contrac-
tor and construction subcontractors will be required to
assume sole and complete responsibility for job site
conditions during the course of construction of the project,
including safety of all persons and property, and that this
requirement shall apply continuously and not be limited to
normal working hours. Neither the professional activities
of Consultant nor the presence of Consultant or his or her
employees or subconsultants at a construction site shall
relieve the contractor and its subcontractors of their
obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence,
techniques or procedures necessary for performing,
,superintending or coordinating all portions of the work of
construction in accordance with the contract documents
and applicable health or safety requirements of any
regulatory agency or of state law.
40. Client agrees to require its contractor and subcontrac-
tors to review the plans, specifications and documents
prepared by Consultant prior to the commencement of
construction -phase work. If the contractor and /or subcon-
tractors determine there are deficiencies, conflicts, errors,
omissions, code violations, improper uses of materials, or
other deficiencies in the plans, specifications and docu-
ments prepared by Consultant, contractors and subcontrac-
tors shall notify Client so those deficiencies may be
corrected by Consultant prior to the commencement of
construction -phase work.
41. If during the construction phase of the project Client
discovers or becomes aware of changed field or other
conditions which necessitate clarifications, modifications
or other changes to the plans, specifications, estimates or
other documents prepared by Consultant, Client agrees to
notify Consultant and retain Consultant to prepare the
necessary changes or modifications before construction
activities proceed. Further, Client agrees to require a
provision in its construction contracts for the project which
requires the contractor to promptly notify Client of any
changed field or other conditions so that Client may in turn
Client Initials I Consultant 17,5le
notify Consultant pursuant to the provisions of this para-
graph. Any extra work performed by Consultant pursuant
to this paragraph shall be paid for as extra services pursu-
ant to paragraph 27.
42. Client agrees to purchase and maintain, or cause
Contractor to purchase and maintain, during the course of
construction, builder's risk "all risk" insurance which will
name Consultant as an additional named insured as its
interest may appear.
43. Client acknowledges that Consultant's scope of
services for this project does not include any services
related in any way to asbestos and/or hazardous or toxic
materials. Should Consultant or any other party encounter
such materials on the job site, or should it in any other way
become known that such materials are present or may be
present on the job site or any adjacent or nearby areas
which may affect Consultant's services, Consultant may, at
its option, suspend or terminate work on the project until
such time as Client retains a qualified contractor to abate
and/or remove the asbestos and /or hazardous or toxic
materials and warrant that the job site is free from any
hazard which may result from the existence of such
materials.
44. Client hereby agrees to bring no cause of action on any
basis whatsoever against Consultant, its officers and
directors, principals, employees, agents and subconsultants
if such claim or cause of action in any way would involve
Consultant's services for the investigation, detection,
abatement, replacement, use or specification, or removal of
products, materials or processes containing asbestos,
asbestos cement pipe, and /or any hazardous or toxic
materials. Client further agrees to defend, indemnify and
hold harmless Consultant, its officers, directors, principals,
employees and subconsultants from any asbestos and /or
hazardous or toxic material related claims that may be
brought by third parties as a result of the services provided
by Consultant pursuant to this agreement, except claims
caused by the sole negligence or willful misconduct of
Consultant.
45. In the event of any litigation arising from or related to
the services provided under this agreement, the prevailing
party will be entitled to recovery of all reasonable costs
incurred, including staff time, court costs, attorneys' fees,
experts' fees and other related expenses.
46. Client agrees that in the event Consultant institutes
litigation to enforce or interpret the provisions of this
agreement, such litigation is to be brought and adjudicated
in the appropriate court in the county in which
°age 6 of
Consultant's place of business is located, and Client
waives the right to bring, try or remove such litigation to
any other county or judicial district.
47. (a) Except as provided in subdivisions (b) and (c), in
an effort to resolve any conflicts that arise during the
design or construction of the project or following comple-
tion of the project, Client and Consultant agree that all
disputes between them arising out of or relating to this
agreement shall be submitted to nonbinding mediation,
unless the parties mutually agree otherwise.
Client and Consultant further agree to include a
similar mediation provision in all agreements with inde-
pendent contractors and consultants retained for the
project and to require all independent contractors and
consultants also to include a similar mediation provision
in all agreements with subcontractors, subconsultants,
suppliers or fabricators so retained, thereby providing for
mediation as the primary method for dispute resolution
between the parties to those agreements.
(b) Subdivision (a) shall not'preclude or limit
Consultant's right to file an action for collection of fees if
Client Initials Consultant Initials
the amount in dispute is within the jurisdiction of the small
claims court.
(c) Subdivision (a) shall not preclude or limit
Consultant's right to record, perfect or enforce applicable
mechanic's lien or stop notice remedies.
48. In the event the parties to this Agreement are unable to
reach a settlement of any dispute arising out of this Agree-
ment or related to the services under this Agreement, then
such disputes may, with the consent of both parties, be
settled by binding arbitration in accordance with the Con-
struction Industry Arbitration Rules of the American Arbitra-
tion Association or such other arbitration rules as the parties
may choose. In any such arbitration, the laws of the State of
California shall apply.
49. Client agrees to limit the liability of Consultant, its
principals, employees and subconsultants, to Client and to all
contractors and subcontractors on the project, for any claim
or action arising in tort, contract, or strict liability, to the sum
of $50,000 or Consultant's fee, whichever is greater. Client
and Consultant acknowledge that this provision was ex-
pressly negotiated and agreed upon.
IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above.
Client
Consultant RJR ENGINEERING GROUP
By
/r 11
By
V
Name
Title
Name ROBERT W. ANDERSON
Title
PRINCIPAL
Date Signed (41 f_7 ,, Date Signed June 30, 2 0 0 8
Client should mail completed contract to the address shown for Consultant.
Form A Page 7 of 7 ' y�`
LANDSCAPE
ARCHITECTURE
AGREEMENT BETWEEN CLIENT & LANDMARK DESIGN
CLIENT CVE Engineering Inc.
P.O. Box 7208
Thousand Oaks, CA 91360
PROJECT Parking Lot
High Street
Moorpark, CA
I. LANDMARK DESIGN'S SERVICES
A. BASIC SERVICES
1. Construction Drawings
DATE July 9, 2008
PROJECT NO. 38701
a. Preparation of complete landscape construction plans.
I . Planting Plan and Details - Show location, size, quantity, and type of plant materials.
Show botanical names and common names. Provide planting details for special planting
procedures, staking, and guying. Provide specifications for bidding and installation
requirements.
2. Irrigation Plan and Details - Show design and equipment specification of the irrigation
system. Design will meet minimum code requirements and may specify water saving
technologies such as rain cups, low volume heads, and drip irrigation. Provide details
specifications to support the irrigation design and installation requirements.
b. Review submittal as needed with Client and other team members.
c. Make plan check revisions as necessary to submittal package.
2. Construction Phase
a. Attend job site meeting site for the purpose of a pre- construction review of the construction
drawings with the contractor(s) and the Client's representative.
b. Approve layout of plant material prior to actual planting.
c. Provide field visit for final completion review with Client's representative and contractor.
B. ADDITIONAL SERVICES
If any of the following additional services are confirmed by the Client in writing, they shall be billed as
an extra cost to this contract:
1. By others - Soils reports, surveys, outside consultants, or engineering.
2. By Landscape Architect - Design or detailing of any construction items not previously
mentioned, attendance at public hearings or meetings, cost estimating.
C. EXCLUDED SERVICES
E HILLCREST DRIVE SUITE 170 THOUSAND OAKS, CALIFORNIA 91360 PH 805.494.8155 FX 805.494.9061 , " " 2 n
.. t) t,)
Excluded services are not a part of Basic or Additional Services and are the responsibility of others.
Excluded services include, but are not limited to, the following:
Subsurface soil conditions; soil issues (including suitability for plant material, soil content,
level of compaction); lot line location; drainage; utilities' location; signage; lighting; and
construction cost estimates.
II. CLIENT'S RESPONSIBILITIES
A. Client agrees to provide Landscape Architect with all information, surveys, reports, and professional
recommendations and any other related items requested by Landscape Architect in order to provide its
professional services. Landscape Architect may rely on the accuracy and completeness of these items.
B. Client shall furnish the services of the following consultants: civil engineer, architect, arborist, structural
engineer, geologist, and biologist.
C. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site.
Client shall be solely responsible for all subsurface soil conditions.
D. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project.
E. Client agrees to provide the items described in Article II.A and to render decisions in a timely manner so as
not to delay the orderly and sequential progress of Landscape Architect's services.
III. COMPENSATION AND PAYMENTS
A. BASIC SERVICES
The Client agrees to compensate Landscape Architect as follows:
Completion of Construction Drawings
Completion of Construction
Final Total
$ 4,375.00
560.00
$4,935.00
Payment if Client abandons work:
If any work designed or specified by Landscape Architect is abandoned or suspended in whole or in part,
Landscape Architect shall receive payment for service performed prior to written notice along with
compensation for any services, products, activities, expenses, costs or other sums (individual and collectively
"Future Fees ") which Landscape Architect has incurred or scheduled prior to receiving such written notice,
regardless of when those Future Fees will actually be earned, paid or otherwise incurred.
B. CHANGES
Changes to the drawings after Client approval, of any phase of the design, will constitute a change of scope
and will be billed as an extra cost.
C. ADDITIONAL SERVICES
Any additional services performed outside the scope of this agreement will be at the office rate schedule.
Work considered to be outside the scope of this agreement will be billed only after authorization by the
Client.
Office rate schedule:
Principal landscape architect $140.00 /hour
Design Draftsperson 85.001hour
Draftsperson 60.00 /hour
5 E. HILLCRFST DRIVE SUITE 170 THOUSAND OAKS, CALIFORNIA 91360 PH 805.494.8155 FX 805.494.9061
D. REIMBURSABLE EXPENSES
Any fees or expenses advanced in the interest of this project shall include, but not be limited to:
photocopying, blueprinting, postage, plotting, faxing, courier fees, permits or filing fees, shall be reimbursed
at cost plus 10% handling charge. Transportation expenses such as airfare, car rental, and parking will be
reimbursed at cost. Mileage will be reimbursed at S .35 per mile.
E. Client shall be billed for basic, additional, and reimbursable services monthly. All payments are due upon
receipt of invoice.
IV. TERMINATION OF SERVICES
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.
B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and
Reimbursable Expenses incurred up to the date the termination is effective.
C. Upon not less than 24 hours' written notice, Landscape Architect may suspend the performance of its
services, if Client fails to pay in full for any service rendered and all services which were to be rendered that
cannot reasonable be cancelled or expenses incurred. Landscape Architect shall have no liability because of
such suspension of services or termination due to Client's nonpayment. Further, any suspension of services
shall not relieve Client from the obligation to make full payment to Landscape Architect of all sums
otherwise payable for all services rendered and all expenses incurred.
V. OWNERSHIP OF-DRAWINGS
Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use
Landscape Architect documents as described in this Agreement, provided Client performs in accordance
with the terms of this Agreement. No other license is implied or granted under this Agreement. All
instruments of professional service prepared by Landscape Architect, including but not limited to,
drawings and specifications, are the property of Landscape Architect. These documents shall not be
reused on other projects without Landscape Architect's written permission. Landscape Architect retains
all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's
documents to complete this Project with others unless Landscape Architect is found to have materially
breached this Agreement.
V1. DISPUTE RESOLUTION
Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this
Agreement before initiating litigation. The mediation shall be conducted by a mediation service
acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a
claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for
mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall
be shared equally. If, for any dispute or claim to which this paragraph applies, any parry commences an
action (whether a law suit or demand for arbitration) without first attempting to resolve the matter
through mediation, or refuses to mediate after a request has been made, then that parry shall not be
entitled to recovery of attorney fees, even if they would otherwise be available to that party in any such
action.
VII. RISK ALLOCATION
Client understands and acknowledges that the design and construction process for this Project poses
certain risks to both Landscape Architect and Client. Client further understands and acknowledges that
the amount of risk that Landscape Architect can accept is tied, in part, to the amount of compensation
received for services rendered. Landscape Architect's fee for the services offered is based on Client's
2i, E. HILLCREST DRIVE SUTTE 170 THOUSAND OAKS, CALIFORNIA 91360 PH 805.494.8155 FX 805.494.9061
agreement to limit Landscape Architect's liability as described below. Client further acknowledges that
were it not for this promise to limit Landscape Architect's liability, Landscape Architect's compensation
would need to increase to address the risks posed by this Project.
Client, therefore, acknowledging its right to discuss this provision with legal counsel experienced in the
design and construction process, as well as other design professionals, voluntarily agrees that, to the
fullest extent permitted by law, Landscape Architect's total liability to Client for any and all injuries,
claims, liabilities, losses, costs, expenses or damages whatsoever arising out of or in any way related to
the Project or this Agreement from any cause or causes including, but not limited to, Landscape
Architect's negligence, errors, omissions or breach of contract, shall not exceed 200% of the total
compensation received by Landscape Architect under this Agreement. This limitation of liability shall
apply to Client's direct claims and Client's claims arising from third parties.
V111. MISCELLANEOUS PROVISIONS
A. This Agreement is governed by the law of California.
B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and
supersedes all prior negotiations, statements or agreements, either written or oral. The parties may
amend this Agreement only by a written instrument signed by both Client and Landscape Architect.
C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any
reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that
any unenforceable or invalid term or provision shall be amended to the minimum extent required to make
such term or provision enforceable and valid.
D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the
other.
E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible
for construction means, methods, techniques, schedules, sequences or procedures; or for construction
safety or any other related programs; or for another parties' errors or omissions or for another parties'
failure to complete their work or services in accordance with Landscape Architect's documents.
F. Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all
claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable
attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing
or resulting to any and all persons, firms or any other legal entities on account of any damages or losses
to property or persons, including injuries or death, or economic losses, arising out of the Project and/or
this Agreement, except that Landscape Architect shall not be entitled to be indemnified to the extent such
damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape
Architect's negligent errors or omissions.
G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce
any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding
shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and
expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a
separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include
a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly
due, performance of covenants allegedly breached, or consideration substantially equal to the relief
sought in the action or proceeding.
H. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in
question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential
damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all
E. HILLCRFSC DRIVE SUITE 170 THOUSAND SAND OAKS, CALIFORNIA 91360 FH 805.444.8155 FX 805.494.9061 -)' ,• V a2
.. I -.
consequential damages against Landscape Architect for claims, disputes or other matters in question
arising out of or relating to the Project.
1. To the extent damages are covered by property insurance during construction, Client and Landscape
Architect waive all rights against each other and against the contractors, consultants, agents and
employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of
the contractors, consultants, agents and employees of any of them similar waivers in favor of the other
parties described in this paragraph.
J. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete.
A lack of or improper maintenance in areas such as, but not limited to, irrigation maintenance, tree
pruning, shrub pruning may result in damage to property or persons. Client further acknowledges and
agrees that, as between the parties to this Agreement, Client is solely responsible for the results of the
lack of or improper maintenance.
K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.
L. If this Agreement is not signed and returned to Landscape Architect within 90 days, the offer to perform
the described services may, in Landscape Architect's sole discretion, be withdrawn and be null and void.
M. Landscape architects are licensed by the State of California.
N. The terms of this Agreement have been freely negotiated by the parties. Both parties have had the
opportunity to fully review this agreement with all legal, tax and other advisors they deem appropriate.
The parties represent they have fully reviewed, understand and agree to all terms of this Agreement.
Further the parties agree that the terms of this Agreement shall not be construed on any level against the
party who prepared this Agreement, as these drafting services have been performed as a courtesy to the
parties to this Agreement. All terms shall be viewed as jointly drafted by both parties.
Notice: All payments, notices, requests, consents and other communications hereunder shall be in
writing and shall be mailed first class with postage prepaid as follows:
To Landmark Design: To Client: CVE Engineering Inc.
275 E. Hillcrest Drive, Suite 170 P.O. Box 7208
Thousand Oaks, California 91360 Thousand Oaks, CA 91360
Notices sent as provided herein shall be deemed delivered on a party or parties two (2) business days
after the date such notices are placed in the mail. By signing their names below, the undersigned hereby
acknowledge that they have reviewed, understand, and agree to all terms contained in this contract.
LANDMARK DESIGN
Dated
License No. 2962, Renewal Date May 30, 2009
CLIENT
Title
Dated
27-5 E HILLCREST DRIVE SUITE 170 THOUSAND OAKS, CALIFORNIA 91360 PH 805.494.8155 FX 805.494.9061 J G
TOLER
6 ASSOCIATES, INC.
CONSULTING ELECTRICAL ENGINEERS
July 9, 2008
Mr. Frank Lussier
CVE ENGINEERING, INC.
PO Box 7208
Thousand Oaks, Ca 91359
VIA EMAIL: cve @gte.net
PHONE NO.: (805) 496 -2282
Fax: (805) 496 -1653
Subject: Electrical Engineering Fee Proposal for CITY OF MOORPARK — PARKING LOT
LIGHTING, High Street, Moorpark, CA [08069.00]
Dear Frank:
Thank you for con-sidering us for this project and we are pleased to offer our services. Our
proposed scope of electrical engineering design services for the above referenced project
includes:
A. Construction Documents
1. Consult with Client to clarify and define the owner's requirements for the project
and to define the parking lot lighting program.
2. Perform site investigation to determine ratings and locations of existing electrical
equipment.
3. Coordinate selection of parking lot lighting fixtures with client to be used in this
project. The city may have a parking lot lighting standards that they use.
4. Prepare parking lot power and lighting plan showing locations and circuiting to
power source.
5. Prepare load calculations, single line diagram, and panel schedules.
6. Prepare photometric calculations.
7. Prepare Title 24 energy compliance documents.
8. Prepare corrections required by the City for issuance of building permits.
B. Compensation
1. We will provide the above services for a fixed fee of $ 3,500.00.
1115 AVENIDA ACASO, SUITE G • CAMARILLO, CA 93012 -8724 • (805) 987 -6855 • Fax (805) 987 -7233 .. " _-t�
E -mail address: g.toler@gte.net
_�._ O \\
Mr. Frank Lussier
Page Two
July 9, 2008
2. When requested, construction support services will be provided on a time and
material basis at a per hourly rate schedule listed below.
Hourly Rate Schedule:
Electrical Engineer $110.00 / Hour
AutoCAD Drafter $ 70.00 /Hour
Clerical $ 40.00 /Hour
4. Reimbursable Expenses:
The Engineer is to be reimbursed at 1.0 times direct cost for delivery charges
and reproduction services at $5.00 per sheet.
5. The Engineer will invoice the client on a monthly basis in proportion to work
completed and reimbursable expenses accumulated. Invoices are payable upon
receipt by the client.
C. Additional Services
Work requested and authorized by the Client or Owner beyond the scope of services
described herein will be considered as Additional Services and will be billed at standard
office rates listed above. Work including but not limited to:
Changes requested by the Client or Owner after criteria has been established or
accepted for each phase of work.
2. Changes related to revised governmental design criteria and other items out of
direct control of the Engineer.
3. All other design services not described above such as; processing of permit
applications and /or meetings with public agencies, performance of studies,
analysis and preparation of reports and other graphic elements.
D. Exclusions
Permit and plan check fees.
2. Design of telephone, data, security, intercom and other special systems and
equipment.
Cost estimates.
4. Seismic bracing and pole base structural calculations.
E. Terms and Conditions
1115 AVENIDA ACASO, SUITE G • CAMARILLO, CA 93012 -8724 • (805) 987 -6855 • Fax (805) 987 -7233
E -mail address: g.toler @gte.net
'Y vej S
Mr. Frank Lussier
Page Three
July 9, 2008
The Client will provide full information to the Engineer as to the requirements of
the project including existing electrical drawings, site plans in AutoCAD format.
The engineer assumed that power connection is available at the site and no
utility service request and coordination is required. If utility service is required, it
will be invoiced as additional services above.
3. This proposal is based on our phone conversation the fax received on July 9,
2008.
In providing services under this proposal, the Electrical Engineer will endeavor to
perform in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing. Upon notice
to the Engineer and by mutual agreement between the parties, the Engineer will,
without additional compensation, correct those services not meeting such a
standard.
If the above is in accordance with your requirements, sign and return a copy for our records. If
you have any questions or require further information please feel free to call.
Very truly yours,
n
T R & ASSOCIATES, INC. Accepted By:
Title:
Date:
Re naldo V. �Macaraeg, P.E.
President
Cc: File
1115 AVENIDA ACASO, SUITE G • CAMARILLO, CA 93012 -8724 • (805) 987 -6855 • Fax (805) 987 -7233
E -mail address: g.toler @gte.net
CC: oc� r:
EXHIBIT B
Insurance Requirements
Prior to the beginning of and throughout the duration of the 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 the 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 Agency in excess of the limits
and coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "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
$2,000,000 per occurrence and $5,000,000 in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant employees will use personal autos in
any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
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.
Worker's Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineenng, inc
j 6, -3 7
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and Agency 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 Agency, its officials,
employees, servants, agents, and independent consultants ( "Agency
indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior
to 1992. Consultant also agrees to require all contractors and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against Agency regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the
Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Agency and approved of 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 any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Agency, 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 Agency's protection without
Agency'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 Agency
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineering, inc
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
at any time and no replacement coverage is provided, Agency 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 Agency shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at Agency option.
8. Certificates are to reflect that the insurer will provide 30 days notice to Agency of
any cancellation 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 imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subconsultant, is intended to apply
first and on a primary, non - contributing basis in relation to any other insurance or
self insurance available to Agency.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to Agency
for review.
11. Consultant agrees not to self- insure or to use any self- insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self- insure its obligations to Agency. If Consultant's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the Agency. At that time the Agency shall
review options with the Consultant, which may include reduction or elimination of
the deductible of self- insured retention, substitution of other coverage, or other
solutions.
12. The Agency reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineenng, inc.
substantial additional cost to the Consultant, the Agency will negotiate additional
compensation proportional to the increased benefit to Agency.
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 Agency to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on Agency nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as Agency, 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
Agency 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 is required in these specifications
applicable to the renewing or new coverage must be provided to Agency within
five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to Agency,
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 give coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party of 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.
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineering, inc.
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 with 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 project reserves the right to charge Agency or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the Agency. It
is not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the work performed under this agreement.
Agency 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 Agency.
Professional Services Agreement between
Redevelopment Agency of the City of Moorpark and CVE Engineenng, inc.
103:11:312:3
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDING
THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING
$78,000.00 FROM THE MRA AREA 1 - OPERATIONS FUND
(2902) TO FUND ENGINEERING SERVICES FOR ROAD AND
PARKING LOT IMPROVEMENTS ON HIGH STREET
WHEREAS, on July 2, 2008, the Board of Directors adopted the Budget for
Fiscal Year 2008/2009; and
WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ")
desires to resurface High Street; construct a downtown parking lot improvements; and
build a driveway to service the new post office in the downtown area ( "Public
Improvements "); and
WHEREAS, certain engineering services are needed to design and construct the
Public Improvements; and
WHEREAS, a budget amendment is needed to fund engineering services in the
amount of $78,000.00; and
WHEREAS, Section 33445 of the Health and Safety Code requires that the
Agency Board must make the following findings:
1. The public improvements are of benefit to the project area and
the immediate neighborhood of the project area.
2. No other reasonable means of financing such public
improvements are available to the City of Moorpark.
3. The Agency's contribution to the cost of the public improvement
will assist in the elimination of blight and is consistent with the
five year implementation plan.
WHEREAS, on August 20, 2008, the Agency Board reviewed the findings and
found them to be consistent with the provisions in Section 33445 of the Health and
Safety Code; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendments and their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. 2008 —
Page 2
SECTION 1. A budget amendment in the amount of $78,000.00 from the MRA
Area 1 - Operations Fund, as more particularly described in Exhibit "A ", attached hereto,
is hereby approved.
SECTION 2. The Agency Board findings:
1. The Public Improvements are of benefit to the project area and the
immediate neighborhood of the Moorpark Redevelopment Project.
2. No other reasonable means of financing such Public Improvements are
available to the City of Moorpark.
3. The Agency's contribution to the cost of the Public Improvement will
assist in the elimination of blight and is consistent with the Five Year
Implementation Plan.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 20th day of August, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
EXHIBIT A
BUDGET AMENDMENT FOR
MRA AREA 1 - OPERATIONS
2008/09
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Area 1 - Operations
2902 -5500
$ 78,000.00
$ 78,000.00
$ 78,000.00
Total
$ 78,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2902 - 2410 - 5052 -9601
$ -
$ 78,000.00
$ 78,000.00
Total
$ -
$ 78,000.00
$ 78,000.00
Approved as to Form:
;: () 4 4
ITEM 5 • C.
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
Date: August 6, 2008 (Agency Meeting of 8/20/08)
Subject: Consider Resolution Authorizing the Acquisition of 1063 Walnut
Canyon Road, Accepting the Grant Deed for Recordation, and
Amending the Fiscal Year 2008/09 Budget to Fund the Purchase
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of the 1063 Walnut Canyon Road property by
the Redevelopment Agency is consistent with the goals and objectives in the Moorpark
Redevelopment Plan. The purpose of the proposed acquisition is to further affordable
housing activities in the City of Moorpark.
The purchase price of the property is $460,000.00 plus half of the escrow expenses. A
$465,000.00 budget appropriation is required for the purchase.
FISCAL IMPACT
A budget amendment in the amount of $465,000.00 from the MRA Low /Mod Income
Housing Operations Fund is needed to close escrow for the purchase of 1063 Walnut
Canyon Road.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2008 — ;and
2. Authorize the Executive Director to execute all documents necessary to this
transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2008 -
_� J 0 45
ATTACHMENT A
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 1063 WALNUT CANYON ROAD,
ACCEPTANCE OF GRANT DEED, AND AMENDING THE
FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING
$465,000.00 FROM THE MRA LOW /MOD HOUSING FUND
(2901) TO THE MRA LOW /MOD HOUSING BUDGET
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase property known as 1063 Walnut Canyon Road in the City of Moorpark, for the
purpose of affordable housing activities; and
WHEREAS, on July 2, 2008, the Board of Directors adopted the Budget for
Fiscal Year 2008/2009; and
WHEREAS, a staff report has been presented to the Board of Directors
requesting a budget adjustment in the aggregate amount of $465,000.00; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendments and their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
SECTION 2. A budget amendment in the amount of $465,000.00 from the MRA
Low /Mod Income Housing Operations Fund, as more particularly described in Exhibit
"A ", attached hereto, is hereby approved for property acquisition.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original Resolutions.
)046
Resolution No. 2008 —
Page 2
PASSED AND ADOPTED this 20th day of August, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2008/09
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Low /Mod Income Housing - Operations
2901 -5500
$ 465,000.00
$ 465,000.00
$ 465,000.00
Total
$ 465,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5054 -9610
$ -
$ 465,000.00
$ 465,000.00
Total
$ -
$ 465,000.00
$ 465,000.00
Approved as to Form:
r 648
... 'Act
........ .
r;c), _ .. _...
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
Date: August 4, 2008 (Agency Meeting of 8/20/08)
5.1.
Subject: Consider Resolution Authorizing the Acquisition of 1073 Walnut
Canyon Road, Accepting the Grant Deed for Recordation, and
Amending the Fiscal Year 2008/09 Budget to Fund the Purchase
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of the 1073 Walnut Canyon Road property by
the Redevelopment Agency is consistent with the goals and objectives in the Moorpark
Redevelopment Plan. The purpose of the proposed acquisition is to further affordable
housing activities in the City of Moorpark.
The purchase price of the property is $300,000.00 plus half of the escrow expenses. A
$304,000.00 budget appropriation is required for the purchase.
FISCAL IMPACT
A budget amendment in the amount of $304,000.00 from the MRA Low /Mod Income
Housing Operations Fund is needed to close escrow for the purchase of 1073 Walnut
Canyon Road.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2008 — ;
2. Authorize the Executive Director to execute all documents necessary to this
transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2008 -
1':)049
ATTACHMENT A
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 1073 WALNUT CANYON ROAD,
ACCEPTANCE OF GRANT DEED, AND AMENDING THE
FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING
$304,000.00 FROM THE MRA LOW /MOD HOUSING FUND
(2901) TO THE MRA LOW /MOD HOUSING BUDGET
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase property known as 1073 Walnut Canyon Road in the City of Moorpark, for the
purpose of affordable housing activities; and
WHEREAS, on July 2, 2008, the Board of Directors adopted the Budget for
Fiscal Year 2008/2009; and
WHEREAS, a staff report has been presented to the Board of Directors
requesting a budget adjustment in the aggregate amount of $304,000.00; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendments and their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
SECTION 2. A budget amendment in the amount of $304,000.00 from the MRA
Low /Mod Income Housing Operations Fund, as more particularly described in Exhibit
"A ", attached hereto, is hereby approved for property acquisition.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original Resolutions.
vJ OZ: 0
Resolution No. 2008 —
Page 2
PASSED AND ADOPTED this 20th day of August, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
►:r� UA
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2008/09
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Low /Mod Income Housing - Operations
2901 -5500
$ 304,000.00
$ 304,000.00
$ 304,000.00
Total
$ 304,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5055 -9610
$ -
$ 304,000.00
$ 304,000.00
Total
$ -
$ 304,000.00
$ 304,000.00
Approved as to Form: _
u�
llEM S. E.
1 • � r
r
7 h . dttt..a�
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board of Directors eee
FROM: David C. Moe II, Redevelopment Manager
BY: Jessica Sczepan, Administrative Speciali *
DATE: August 11, 2008 (Agency Meeting of 8/20/08)
SUBJECT: Consider Amendment to 81 First Street Construction Contract
BACKGROUND AND DISCUSSION
On September 18, 2007, the Agency Board awarded the contract to A. Bates, General
Contractor for construction of a single - family home at 81 First Street. At the time of
initial Agency approval, the project had not yet been through the planning and plan
check process. During the course of this process, changes were needed to comply with
set -back requirements and Downtown Specific Plan guidelines. These changes resulted
in increased construction costs of $31,270.00, requiring an amendment to the
construction contract.
FISCAL IMPACT
A budget amendment is not needed as there are sufficient funds in the project budget to
cover the increased costs.
STAFF RECOMMENDATION
1) Approve Amendment to construction contract and authorize Executive Director to
sign Amendment.
Attachment 1 —Amendment
!0053
ATTACHMENT 1
FIRST AMENDMENT TO CONTRACT
FOR SERVICES
THIS FIRST AMENDMENT TO THE CONTRACT FOR THE CONSTRUCTION OF A
SINGLE - FAMILY HOME ( "First Amendment "), is made and entered into this
day of July, 2008, ( "the Effective Date ") between the Redevelopment Agency of the City
of Moorpark, a municipal corporation, hereinafter referred to as "AGENCY ", and A.
Bates, G.C., a California Corporation, hereinafter referred to as "CONTRACTOR ".
WITNESSETH:
WHEREAS, on October 24, 2007, the REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK (AGENCY) and A. BATES, G.C., INC. (CONTRACTOR)
entered into a Contract for the construction of a single family home at 81 First Street in
Moorpark, California; and
WHEREAS, revisions in the architectural plans for this project have been made,
which revisions have resulted in the anticipation of additional costs not covered by the
original Contract, namely, the following:
1. New indoor laundry room
2. Additional drainage to curb
3. Additional site concrete
4. Additional grading
5. Garage door upgrade
6. Additional steel price increase
7. Additional plumbing materials increase
8. Additional electrical materials increase
9. Additional lumber, siding, HVAC, etc. materials increases
WHEREAS, Change Order No. 1 has been submitted by CONTRACTOR,
showing the above changes would result in a total increase to the original Contract of
Thirty -one Thousand Two Hundred Seventy Dollars ($31,270.00) (Exhibit "A "); and
WHEREAS, these additional costs have been reviewed by AGENCY and found
to be acceptable for the completion of the anticipated work of construction.
ls` Amendment to Contract- Agency /A. Bates, G. C.
81 First St.
Page 1 of 2
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
Change Order No. 1 is approved by AGENCY and this First Amendment to the
CONTRACT Between the Redevelopment Agency of the City of Moorpark and A.
BATES, G.C. is hereby amended in the amount of Thirty -one Thousand Two Hundred
Seventy Dollars ($31,270.00). All other conditions of the original CONTRACT shall
remain in full force and effect.
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
is
Steven Kueny
Executive Director
Date:
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A"
la
CONTRACTOR
A. BATES, G.C. INC.
A. Bates
President
Date:
l s` Amendment to Contract- Agency /A. Bates, G. C. Page 2 of 2
81 First St.
j J jj;: J
07/01/2008 13:25 FAX 805 520 1456 A. BATES G.C.
EXHIBIT A
IL Ifty Islr.
IJc lame# 8A2t$�[1[;�l
44:,6 Industrial Street
Simi Vatlley,.Cafto nia 83063
Phone:805- di20 -� 5 "-,Faz:805 -5,t0 -1456
Owner: City of Moorpark Project 81 First Street
Moorpark, CA Moorpark CA
Attn: Nancy Burns S.F.R. Type U
New Construction
CHANGE ORDER #1 Breakdown
[a 002
A. Bates G.C., Inc. will provide all additioral labor, material, equipment, too[,;, supervision, insurance
(Gen. Liability, Workers Comp) 100% performance and payment bond and comply with all regulatory
agency requirements in conjunction with our previous contract requirements.
The work includes as follows:
1.
New indoor laundry room ............... .............................:>
G. Cond. 10%
1,000.00
2.
Additional drainage to curb ............ ..............................$
Total
1,200.00
3.
Additional site concrete .................. .............................1;
Grand Total
1,500.00
4.
Additional grading 5 over X - comply with new soils report,
-.340,000,0Q
5.
Upgrade garage door ............... . ..............................$
1,500.00
6.
Additional steel price increase ........ ...............................
.>
2,000.00
7.
Additional plumbing materials increase ...........................°;
3,000.00
8.
Additional electrical materials increase .............................$
1,500.00
9.
Additional lumber, $ /ding, HVAC Etc., Materials increases..
.,$
2,300.00
Subtotal
$ 24,000.00
G. Cond. 10%
$ 2,400.00
O/P 15%
$ 3,960.00
Total
$ 30,360.00
Bond
$ 910.00
Grand Total
$ 31,1.70.00
Submi Accepter. by:
A. ates C. City of ?400gwk
is )0!_G
NEM s. F.
b' -a o -aoo s
MOORPARK REDEVELOPMENT AGENCY���
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Hugh Riley, Assistant City Ma a
BY: Steven Klotzsche, Interim Finance Di or
DATE: August 7, 2008 (City Council Meeting of August 20, 2008)
SUBJECT: Consider Resolution Amending FY 2007/08 Budget to Reimburse the
General Fund for Planning and Engineering Services Provided to
Various Capital Improvement Projects
BACKGROUND
For the fiscal year 2007 -2008 planning and other administrative services provided to
various capital improvement projects wer e
Where appropriate, those costs should be
projects and funding sources.
DISCUSSION
funded by Community Development Fund.
accounted for with their capital improvement
City staff from the Community Development have analyzed their work schedules for the
appropriate time to charge to capital improvement projects for the fiscal year. The
attached schedule details the capital projects involved, hours worked and the full payroll
cost to be assigned to the capital improvement projects.
FISCAL IMPACT
This will return $5,151 from the Moorpark Redevelopment Agency to the Community
Development Fund from their respective capital improvement projects per Attachment 1.
Honorable Agency Board of Directors
August 20, 2008
Page 2
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2008
ATTACHMENT
Attachment 1. Staff work schedule analysis for capital improvement projects.
Attachment 2. Resolution No. 2008 reimbursing Community Development
Fund.
.} ,) () u 8
Attachment I
Project Cost Analysis
Fund
Italics =not including in rinal calculation for hourly rate
Hours /Project
Total Cost
As of Pay Period ending 519/08
by Fund
Dave Bobardt
Workman's Compensation Not Included
2001
Benefits'
PERS"
Benefits/
Monthly-
Monthly
1.45%
Hourly Rate
87.33
Base Pay
Per
per
PERS
Benefits
Benefits
Medicare
Including
1,905.05
Hourly Rate
Payperiod
Payperiod
per Hour
75.54
per Hour
per Hour
All Benefits
Dave Bobardt Planning Director, Comm. Develop.
62.95
826.99
380.97
15.10
284.62
1.64
091
80.60
Barry Hogan Deputy City Manager, Comm. Develop.
76.69
899.84
464.11
17.05
235.01
1.36
1.11
96.21
Yugai Lail City Engineer/PW Director, City Eng/PW
67.79
943.51
406.19
16.87
292.41
1.69
0.98
87.33
Adam Burks Assistant Engineer, City Eng /PW
33.96
569.19
203.49
9.66
170.24
0.98
0.49
45.09
Dave Klotzle Assistant City Engineer, City Eng /PW
59.92
703.03
359.04
1128
255.12
1.47
087
75.54
' Includes Bilingual, Longevity, Medical Ins., Auto Allowance, Cell
Phone Allowance, City Paid
Portion Deferred Comp
Dave Klotzle
23 North Alignment
" City Paid Retirement
75.54
800
604.32
Dave Klotzle
N Hills Pkwy Extension
2002
75.54
Includes Life Ins, Vision, Dental, LTD, STD, Mental Health (EAP)
604.32
12,900.50
Dave Bobardt
LA Ave Widening
2501
80.60
2001 -TSM
2002 - Traffic Mit.
2501 -LA Ave Widening
2602 -TDA
2902 -MRA Area 1
9820- Expense
3720- Revenue
Fund
Hourly Rate
Hours /Project
Total Cost
Total Cost
by Fund
Dave Bobardt
Bikeway Plan
2001
80.60
8.00
644.80
Yugal Lail
TR Interconnect Project
2001
87.33
44.00
3,842.52
Adam Burks
TR Interconnect Project
2001
45.09
42.25
1,905.05
Dave Klotzle
TR Interconnect Project
2001
75.54
156.00
11,784.24
Barry Hogan
Trails Element
2001
96.21
6.00
577.26
Barry Hogan
Bikeway Transportation Plan
2001
96.21
20.50
1,972.31
20,726.18
Barry Hogan
N. Hills Parkway
2002
9621
15.00
1,44315
Yugal Lail
23 North Alignment
2002
87.33
58.00
5,065.14
Yugal Lail
N. Hills Pkwy Extension
2002
87.33
56.00
4,890.48
Adam Burks
23 North Alignment
2002
45.09
125
146.54
Adam Burks
N. Hills Pkwy Extension
2002
4509
3.25
146.54
Dave Klotzle
23 North Alignment
2002
75.54
800
604.32
Dave Klotzle
N Hills Pkwy Extension
2002
75.54
8.00
604.32
12,900.50
Dave Bobardt
LA Ave Widening
2501
80.60
8.00
644.80
Yugal Lail
Princeton Ave Widening
2501
87.33
100.00
8,733.00
Yugal Lail
LA Ave Widening MP to Spring Rd
2501
87.33
87.00
7,597.71
Yugal Lail
LA Ave Raised Medians
2501
87.33
30.00
2,619.90
Yugal Lail
LA Ave Widening Maureen to Leta Yancy
2501
87.33
3500
3,056.55
Yugal Lail
Dual Left turn at Spring Rd & LA Ave.
2501
87.33
15.00
1,309.95
Adam Burks
LA Ave Widening Beltramo to Maureen
2501
45.09
15.00
676.35
Adam Burks
Princeton Ave Widening
2501
45.09
4200
1,893.78
Adam Burks
LA Ave Widening to Spring Rd
2501
45.09
51.50
2,32214
Adam Burks
Dual Left turn at Spring Rd & LA Ave.
2501
45.09
2.00
9018
Dave Klotzle
LA Ave Widening MP to Spring Rd
2501
75.54
6.00
45124
Dave Klotzle
LA Ave Raised Medians
2501
75.54
32.00
2,41718
Dave Klotzle
LA Ave Widening Maureen to Leta Yancy
2501
75.54
76.00
5,741.04
Dave Klotzle
Dual Left turn at Spring Rd & LA Ave.
2501
75.54
54.00
4,07916
41,635.08
Dave Bobardt
Post Office Redevelopment
2902
80.60
8.00
644.80
Dave Bobardt
Kahoots Redevelopment
2902
80.60
1.00
80.60
Barry Hogan
Post Office Redevelopment
2902
96.21
8.00
769.68
Barry Hogan
High Street Streetscape
2902
96.21
10.00
962.10
Barry Hogan
Askanazy
2902
96.21
8.00
769.68
Barry Hogan
Heritage Group
2902
96.21
8.00
769.68
Barry Hogan
Clark Gas Station
2902
96.21
8.00
769.68
Barry Hogan
Kahoots
2902
96.21
4.00
384.84
5,151.06
80,412.81
80.412.81
Attachment 2
RESOLUTION NO. 2008-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY 07/08 BUDGET TO
REIMBURSE THE COMMUNITY DEVELOPMENT FUND (2200) FROM
VARIOUS CAPITAL IMPROVEMENT PROJECTS.
WHEREAS, on June 20, 2007, the Agency Board adopted the budget for Fiscal
Year 2007/08; and
WHEREAS, a staff report has been presented to said Council detailing City staff
time providing planning and other administrative services to various capital
improvement projects; and
WHEREAS, City staff time was funded by the Community Development Fund;
and
WHEREAS, the Capital improvement projects are funded the Moorpark
Redevelopment Agency; and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment appropriating $5,400 per Exhibit "A" and
transferring said funds to the Community Development Fund is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 20th day of August, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit "A"
EXHIBIT A
BUDGET AMENDMENT FOR
MRA AREA 1 - OPERATIONS FUND
TO REIMBURSE COMMUNITY DEVELOPMENT FUND FOR PLANNING
SERVICES PROVIDED TO VARIOUS CAPITAL IMPROVEMENT PROJECTS
FY 2007/08
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Area 1 - Operations Fund
2902 -5500
$ 5,400.00
$ -
$
700.00
$
700.00
2902 - 6440 - 5033 -9820
Total
$
$ 5,400.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2902 - 6440 - 5052 -9820
$ -
$
700.00
$
700.00
2902 - 6440 - 5033 -9820
$ -
$
100.00
$
100.00
2902 - 6100- 5033 -9820
$ -
$
1,200.00
$
1,200.00
2902 - 6100 - 5035 -9820
$ -
$
800.00
$
800.00
2902 - 6100 - 5052 -9820
$ -
$
800.00
$
800.00
2902 - 6100 -5056 -9820
$ -
$
1,000.00
$
1,000.00
2902 - 6100 - 5057 -9820
$ -
$
800.00
$
800.00
Total
$ -
$
5,400.00
$
5,400.00
Approved as to Form:
I'll 06IL