HomeMy WebLinkAboutAGENDA REPORT 2014 0219 CCSA REG ITEM 09B ITEM 9.B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL 0//1
AGENDA REPORT ACTION: ,AtV
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TO: The Honorable City Council laY: 1177 X
FROM: Jeremy Laurentowski, Parks and Recreation Director V
DATE: February 7, 2014 (CC Meeting of February 19, 2014)
SUBJECT: Consider Report on Drought Measures; Agreement with Penfield and
Smith for Base Mapping Services; Amendment to Agreement with
Venco Western, Inc. for Landscape Renovation; and Resolution
Amending the Fiscal Year 2013/14 Budget
BACKGROUND
Estimates seem to vary, but according to the Los Angeles Times, 2013 was the driest
year on record in California since 1894. Several other sources state that many
California cities received the lowest rainfall since 1850 and the Sierra Nevada snow
pack that provides approximately one third of the state's water is only twenty percent of
normal. In any case, the news is not good and on January 17, 2014, Governor Jerry
Brown declared a drought emergency in the State of California and urged Californians
to reduce water consumption by at least 20%. Clearly there will be large scale
implications to agriculture and industry over the next several years and water
conservation measures will be necessary across the state. On a local level, the City
has initiated several long term objectives to address the issue of water conservation.
For several years, the City Council has discussed the need to initiate a City wide plan to
address water conservation. On May 15, 2013, the City Council adopted the City of
Moorpark Mission Statement, Priorities, Goals, and Objectives for FY 2013/2014. The
following are the Departmental objectives that coincide with the Council's desire to
reduce water consumption:
VII. A. 6. Install the second phase of a centralized irrigation system for City facilities,
parks and landscape maintenance districts by June 30, 2014.
VII. A. 11 Develop a plan to reduce the amount of turf in City parks by ten percent
(10%) by March 31, 2014.
VII. A. 23. Prepare a demonstration project with community involvement for
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February 19, 2014
Page 2
VII. B. 5.
replacement of turf with native landscaping by June 30, 2014.
Develop design plans to refurbish median landscaping and hardscape on
Tierra Rejada Road, from Spring Road to Los Angeles A venue, and
Campus Park Drive from Princeton Avenue to Collins Drive, including cost
estimates, financing, phasing and water conservation measures.
DISCUSSION
VII. A. 6. Install the second phase of a centralized irrigation system for City
facilities, parks and landscape maintenance districts by June 30,
2014.
On May 18, 2011, the City Council approved an Agreement with HydroPoint Data
Systems, Inc. (HydroPoint) for the replacement of 44 existing irrigation controllers with
WeatherTRAK ET Pro2 irrigation controllers. WeatherTRAK controllers receive real
time weather and evapotranspiration (ETo) data via HydroPoint's system software and
adjust irrigation schedules on a daily basis to reduce overall irrigation water
consumption. In FY 2009/2010, prior to the installation of the WeatherTRAK controllers,
the City reduced water consumption by approximately 16.5%, as compared to the prior
fiscal year. Since then, staff has monitored the City's water use and has prepared an
analysis of the HydroPoint System relative to actual water use for irrigation purposes.
Phase I of the WeatherTRAK project included replacing 44 irrigation controllers in
Landscape Maintenance Assessment District (LMD) Zones 2, 5, 10, 12, 15, and 22, as
well as Mammoth Park and Peach Hill Park. This work was completed in August, 2011.
Staff has prepared a complete analysis of the HydroPoint System and the City's overall
water consumption in the LMD Zones and Parks where the controllers were installed. In
order to perform an accurate analysis, a baseline of water use needs to be established.
The baseline data that was used for the analysis was obtained in FY 10/11, as this was
the last full year that complete water use data was tracked prior to the installation of the
HydroPoint System. However, the controllers for the LMD areas within Zone 22 were
not accepted by the City for maintenance turnover until October of 2010 and a full year
of baseline data was not available prior to the installation of the WeatherTRAK system.
An eight month monitoring period from November through June of FY 10/11 will be
utilized as the baseline for this zone. The same eight month monitoring period will be
used in subsequent years for comparison purposes.
City of Moorpark -Summary of Weather Conditions
2010 2011 2012 2013
Annual ETo 53.26" 50.42" 51.65" 52.83"
Precipitation 20.60" 24.03" 11.96" 6.4"
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February 19, 2014
Page 3
Evapotranspiration (ETo) is the amount of evaporation (water loss from surfaces such
as soil), and transpiration (water loss from vegetation) to the atmosphere. In simple
terms, it is the amount of water that is lost to the environment, primarily due to weather
conditions. The summary on the previous page identifies the fact that the annual ETo in
Moorpark is relatively equal. Overall, the average weather conditions in Moorpark do not
necessarily fluctuate from year to year, thus ETo is relatively constant. However, as
precipitation decreases, most non-native plants require supplemental irrigation to make
up the deficit of the water that is lost. The advantage to weather based irrigation
systems is that they are able to supplement the water loss only when it is needed, not
on a continual basis, typically resulting in water savings. Staff has tracked the City's
water use since FY 10/11 and has determined that overall the City saved approximately
18% in irrigation water use in FY 11/12 and 11 % in FY 12/13, an average of
approximately 14.5%, as compared to the baseline of water use established in FY
10/11. As mentioned previously, the City saved approximately 16.5% of water in FY
09/10, resulting in considerable water savings when combined with the results of this
analysis. A summary of each LMD Zone and Park follows:
HydroPoint Data System Water Use Summary
FY 11 /12 & 12/13 Analysis
FY 10/11 FY 11/12 FY 12/13
HCF (%) (%)
(Baseline) HCF saving HCF saving Average
Mammoth Park 11,063 7,522 32.0% 7,769 29.8% 30.9%
Peach Hill Park 8,642 8,764 -1.4% 9,164 -6.0% -3.7%
LMD Zone 2 3,344 2,582 22.8% 2,390 28.5% 25.7%
LMD Zone 5 2,913 2,434 16.4% 2,602 10.7% 13.6%
LMD Zone 10 10,416 7,863 24.5% 7,024 32.6% 28.5%
LMD Zone 12 10,325 8,843 14.4% 11,253 -9.0% 2.7%
LMD Zone 15 6,112 6,591 -7.8% 8,251 -35.0% -21.4%
*LMD Zone 22 32,677 25,535 21.9% 27,677 15.3% 18.6%
Total LMD/Parks 85,492 70,134 18.0% 76,130 11.0% 14.5%
* Eight month baseline & comparison from November through June
The resulting savings is proportionate to the general weather conditions over the last
several years. The water savings from installing the WeatherTRAK controllers has
declined from approximately 18% in FY 10/11, to 11 % in FY 12/13, comparable to the
drop in precipitation. This would be expected, as the controllers are generally
programmed to supplement available precipitation when needed. However, given the
severe drought conditions during the latter part of 2012/2013, the controllers have
exceeded staff's expectations and have shown substantial overall savings.
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February 19, 2014
Page4
In terms of cost savings, an 18% reduction in water use is equivalent to 15,358 HCF or
11,487,748 gallons of water. In FY 10/11, the City spent $311,228 in water in the LMD
Zones and parks where the WeatherTRAK controllers were installed, including the eight
month monitoring period for LMD Zone 22. In FY 11/12, the City spent $288,468,
resulting in a direct cost saving of $22,760. Even though the City reduced irrigation
water use by approximately 18% due to the installation of the WeatherTRAK controllers,
the City only saved approximately 7.3% in direct water costs due to relatively
proportionate water rate increases. In May, 2011 the Ventura County Water District
(VCWD) Board approved a 12% rate increase and tier allocation adjustment, in March,
2012 an 8% increase, and a 4.5% rate increase was approved for 2013.
Several discrepancies were discovered with the water consumption in LMD Zones 12,
15 and Peach Hill Park. The analysis for Zone 15 and Peach Hill shows an overall
negative percentage of savings during the monitoring periods. This confirms that more
water was used with the HydroPoint System than without it. Staff anticipates that the
irrigation schedules established for both of these zones were too low for the type of
plant material. Once the HydroPoint System was installed, the controllers provided the
necessary irrigation water based on plant types and environmental factors, such as
percentage of slope and soil types. Prior to the HydroPoint system, the controllers were
manually scheduled by the landscape maintenance contractor, with little regard to
actual field or weather conditions. LMD Zone 12 shows a low percentage of savings
during FY 12/13. This was most likely due to the landscape improvement project that
was completed on Miller Parkway at the beginning of 2012.
Phase II of the project includes installing a total of fifteen (15) controllers at the following
City parks: Glenwood Park, Tierra Rejada Park, Campus Park, Poindexter Park,
Mountain Meadows Park, Miller Park, Campus Canyon Park, and College View Park. In
addition, several controllers at Arroyo Vista Community Park (AVCP) are in need of
replacement and staff recommends replacing these controllers as needed over the next
several years with ETo based irrigation controllers. It should be noted that the direct
cost of the weather based system controllers is comparable to a standard irrigation
controller without weather monitoring capabilities. The cost increase of an ET o based
system is generally associated with the central system software or hardware, or
associated monitoring fees, if any. AVCP utilizes well water for irrigation and the direct
costs to the City are minimal. However, staff feels that a centralized irrigation
management system with ETo based controllers will not only increase our ability to
manage the City's turf maintenance procedures, but will also enable staff to practice
responsible irrigation water management by minimizing overwatering and a depletion of
our groundwater resources. It should be noted that the water budget for an irrigation
system at AVCP that utilizes potable water would be approximately $250,000 per year
without the use of the well.
Currently, staff is in the process of comparing several central irrigation systems, as well
as the HydroPoint system, to ensure that the system we choose for Phase II does not
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Page 5
compromise the City's ability to manage the parks. The parks are more difficult to
manage than the LMD's, as schedules constantly need to be adjusted to accommodate
turf renovation practices, youth sports organizations, rentals and large City events, such
as the 3rd of July Fireworks Extravaganza. Staff anticipates that a recommendation will
be made to the City Council by the end of April, 2014.
VII. A. 11 Develop a plan to reduce the amount of turf in City parks by ten
percent (10%) by March 31, 2014.
Staff has initiated a citywide plan to reduce the turf in all the City parks by a minimum of
10% and anticipates submitting a comprehensive plan to the Parks Commission by
June, 2014 for their review. Staff intends to provide options for park amenities such as
walking paths, native landscape area, and sand volley ball courts, and has already
initiated several projects, such as the turf reduction project at Mammoth Highlands Park.
Phase I of this project was completed by the Helping Hands volunteers in 2013 (see
Attachment 1 ). In April, 2014, the Helping Hands organization will continue with Phase
II and start a similar project at Glenwood Park. Staff intends to remove the turf adjacent
to Tierra Rejada Road and install a landscape buffer consisting of native landscape
material to promote an inward use of the park site. Staff estimates that the Mammoth
Highlands Park project will cost approximately $21,400 in staff time and direct costs and
will reduce the total turf area by approximately 26%. The return on investment is
approximately 3.2 years based on the reduction in water use.
VII. A. 23. Prepare a demonstration project with community involvement for
replacement of turf with native landscaping by June 30, 2013.
In addition to the several volunteer projects completed by the Helping Hands volunteers,
staff is in the process of scheduling two programs funded by the California Department
of Fish and Wildlife through the Summer Camp program at the Arroyo Vista Recreation
Center. The programs are not only intended to demonstrate to school aged children the
importance of urban waterways, such as the Arroyo Simi, but will also include a native
landscaping component where the children will learn about the different types of native
landscape plants and learn hands-on how to plant and manage these types of
landscapes. This program is still in the early planning stages, but staff is hopeful to
have an actual wildlife organization, such as the Ojai Raptor Center, attend the program
to exhibit their animals.
In addition, staff plans to prepare a master plan for Monte Vista Park to include drought
tolerant demonstration gardens, walkways and seating areas. Staff intends to remove
all the non-native landscape material within the park over the next three years and
prepare a comprehensive plan of the entire parks site so that volunteer organizations,
such as the Boy Scouts of America, can install portions of the park in phases. Staff is
hopeful that this park will eventually showcase a wide range of native plant types with
identification and interpretative signage.
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Page6
VII. B. 5. Develop design plan to refurbish median landscaping and hardscape
on Tierra Rejada Road, from Spring Road to Los Angeles Avenue,
and Campus Park Drive from Princeton Avenue to Collins Drive,
including cost estimates, financing, phasing and water conservation
measures.
In 2013, staff had an opportunity to coordinate a demonstration project consisting of
native landscaping on Tierra Rejada Road, within the property owned by Southern
California Edison (SCE), east of Walnut Creek. This project included the installation of
communication equipment and infrastructure installed by Verizon. Due to the excessive
amount of existing landscaping that was removed, Verizon was required to replace the
landscaping in-kind. However, due to the overall large size of the landscape area, staff
determined that the applicant needed to meet the requirements of the City's Landscape
Design Criteria and install native landscape material within the SCE owned property.
The result is a meadow of native grasses and shrubs specifically chosen to compliment
the meadow appearance of the streetscape on Tierra Rejada Road.
Since the plant material was installed, staff has had an opportunity to monitor the plant
types and has found that they have established well, with minimal water and
maintenance. Due to the success of the project, staff is recommending that the City
Council approve a 12,000 s.f. project along the north side of Tierra Rejada Road, from
the SCE property to Walnut Creek. The existing red fescue along this length of Tierra
Rejada has performed poorly, primarily due to the full sun exposure, and several areas
are in need of renovation. However, in lieu of replanting these areas with the same red
fescue ground cover, staff feels that replacing the plant material with native grasses will
reduce the City's overall water consumption. The proposed project will include the
same plant types installed within the SCE property, which primarily consists of Carex
pansa (Meadow Sedge), a low growing bunch grass native to central California, and
Rhamnus Ca/ifomica (Coffee Berry), a mid-height shrub native to the California foothill
regions. The project includes retrofitting the existing irrigation system with low
precipitation spray nozzles and installing bubblers at each of the remaining healthy
Sequoia trees to supplement their water needs.
Staff obtained bids for this work and the low bid was provided by Venco Western, Inc. at
a total cost of $33,216. Staff has obtained an estimate from the current landscape
maintenance contractor and has determined that it would cost the City approximately
$12,000 to renovate the parkway with in-kind plant material, without making any
additional changes to the existing irrigation system. Staff estimates a 50% reduction in
water use based on the type of California native plant material and the installation of the
low volume irrigation system. This would equal approximately $1,790 annually in direct
cost savings and a cost recovery of approximately 12 years.
On a larger scale, staff has contacted a civil engineering company, Penfield and Smith,
to prepare a proposal for a base mapping survey of Tierra Rejada Road, from
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Page 7
approximately Countrywood Drive to Spring Road. Staff recommends developing a
plan to renovate all the landscaping on Tierra Rejada Road, including the slopes,
parkways, and median islands, with drought tolerant plant material, or other low water
use options. However, a base file in AutoCAD format is not available to prepare a
detailed analysis of the Tierra Rejada Streetscape. Once a base file has been
developed, staff will prepare an initial cost assessment based on water savings and will
evaluate the overall project needs. At that time, staff will determine if this project should
be completed with in-house staff or a landscape architect that specializes in native
landscaping and streetscape design. Staff anticipates that this will be a combination of
both.
The majority of the Tierra Rejada Streetscape lies within LMD Zone 2 (Steeple Hill Area
Tract 2865), LMD Zone 5 (Pheasant Run Tracts 3019 & 3525) and LMD Zone 10
(Mountain Meadows Planned Community). LMD Zone 2 is fully funded and there is
funding available for normal maintenance procedures, and improvements can generally
be made with funding from the LMD reserve account. Funding for general maintenance
procedures in LMD zones 5 and 10, which includes the cost of irrigation water, has
historically been supplemented by the General Fund. These two zones were accepted
by the City prior to the passing of Proposition 218 (The Right to Vote on Taxes Act) in
1996. In FY 12/13, LMD Zone 10 had a negative fund balance of $90,712 and LMD
Zone 5 had a negative fund balance of $43,221, resulting in substantial funding from the
general fund to supplement normal maintenance procedures. The actual cost of water
for these two zones in FY 12/13 was $66,972, which is equivalent to approximately 50%
of the negative fund balance. Clearly aggressive water conservation measures and a
reduction in maintenance procedures will be necessary to lessen the impact on the
general fund.
In addition, staff has started to look into water conservation measures for the parkways
and median islands on Princeton and Campus Park Drive. Although water use is
proportionately low within these LMD Zones, due to the maturity of the existing
landscape material, staff is confident that additional water conservation measures can
be implemented to reduce the overall water budget. Staff will include an analysis of
these areas with the Tierra Rejada Streetscape project and will prepare a follow up
report in the fall of 2014.
Once staff has had an opportunity to prepare a study on the LMD areas that currently
exhibit negative fund balances, staff will prepare an analysis on the fully funded zones.
The larger zones include LMD Zone 12 (Carlsberg Specific Plan), LMD Zone 15 (Toll
Brothers Tract 4928), LMD Zone 16 (Cabrillo Tract 5161), LMD Zone 22 (Pardee Tract
5045) and LMD Zone 18 (Colmer Tract 5307). The majority of these zones have also
been installed with high to moderate water use plant types and staff feels that there are
opportunities to reduce water consumption within these LMD's.
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Staff is continuing to look for other opportunities to lower water use. Recently, the
irrigation heads at the post office parking lot were replaced with low precipitation
nozzles. Staff anticipates that this work will reduce the overall water use at this location
by approximately 20%. In 2010, staff initiated a mulching program in the LMD's and
City parks that is implemented by the landscape maintenance contractors. Staff
estimates that the cost to install the bark mulch is relatively equal to the direct costs of
the water saved. However, the overall reduction in water use is equal to approximately
5% of the water budget in the areas that it is installed, or approximately 826,608
gallons/year.
FISCAL IMPACT
The cost for the agreement with Penfield & Smith for the base mapping services is
$18,000.00 plus reimbursable expenses of $500.00 and a contingency of $2,700.00 for
a total cost of $21,200.00. As discussed above, the 84-2 Steeple Hill T2865 Fund
(2302) for Zone 2 is fully funded so there is enough fund balance to cover 25% or
$5,300.00 of the base mapping cost which is equivalent to the area on Tierra Rejada
covered by Zone 2. The remaining costs of $15,900.00 will be paid from the General
Fund (1000). The cost for the amendment to Venco Western, Inc. for the landscape
renovation project is $33,216.00. It is proposed that these costs be paid from the
General Fund (1000) as the area to be renovated falls within Zone 10, which has a
negative fund balance.
In summary, a budget amendment is needed from the 84-2 Steeple Hill T2865 Fund
(2302) in the amount of $5,300.00 and from the General Fund (1000) in the amount of
$49,116.00 is needed to fund the above described work.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1 Approve Amendment No. 1 with Venco Western, Inc. for landscape renovation
project, and authorize City Manager to sign the amendment subject to final
language approval of the City Manager and City Attorney; and
2. Approve Agreement with Penfield & Smith for base mapping services on Tierra
Rejada Road, and authorize City Manager to sign the Agreement subject to final
language approval of the City Manager and City Attorney, and
3. Adopt Resolution No. 2014-___ _
Attachments:
1-Mammoth Park Turf Reduction Plan
2 -Amendment
3 -Agreement
4 -Resolution
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,_UVl-'CISCllP(-GUI ~ )> C') :::c 3:: m z ~ ..... ~ MAY 11,2012 SHEET 10Fl
ATTACHMENT 1
22
ATTACHMENT 2
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC. FOR LANDSCAPE REFURBISHMENT ON TIERRA
REJADA ROAD
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and Venco Western, Inc., a California corporation,
("Contractor") for landscape refurbishment on Tierra Rejada Road ("Agreement"), is
made and entered into the day of , 2014.
RECITALS
WHEREAS, on June 27, 2013, the City and Contractor entered into an
Agreement for landscape maintenance services at City parks; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for landscape refurbishment services to be performed by
Contractor by a total contract value of thirty-three thousand two hundred sixteen dollars
($33,216.00), and document said agreement to amend by jointly approving Amendment
No. 1 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing the first three (3)
paragraphs as follows:
"City does hereby retain Contractor in a contractual capacity to provide
landscape maintenance services, plus additional repair and installation services, related
to City parks and miscellaneous City properties, as set forth in Exhibits A, B, C, D, E, F,
G, and H: Contractor's Proposals, which exhibits are attached hereto and incorporated
herein by this reference as though set forth in full and hereinafter referred to as the
"Proposal". Where said Scope of Services is modified by this Agreement, or in the
event there is a conflict between the provisions of said Scope of Services and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibits A, B, C, D,
E, F, G, and H. Contractor shall complete the tasks according to the schedule of
performance which is also set forth in Exhibits A, B, C, D, E, F, and G.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibits A, B, C, D, E, F, G and H. Compensation is increasing for the
additional landscaping services by thirty-three thousand two hundred sixteen dollars
($33,216.00) from four hundred and thirty-one thousand five dollars ($431,005.00) to
four hundred and sixty-four thousand two hundred twenty-one dollars ($464,221.00)
which includes a twenty-five thousand dollar ($25,000.00) contingency, for the initial
fifteen (15) month term of the Agreement, and shall not exceed three hundred forty-nine
thousand eight hundred four dollars ($349,804.00) annually, which includes a twenty-
1
23
five thousand dollar ($25,000.00) contingency, for every subsequent year that the
contract is extended, which extensions require a written Amendment to this Agreement
executed by both parties. Compensation shall not exceed the rates shown on Exhibit D
and Exhibit H. Approval of additional related maintenance, repair, and installation
services during the term of this Agreement to be paid out of the contingency funding
shall require a written Work Order executed by both parties. Payment by City to
Contractor shall be as described in this Agreement."
II. Section 5, PAYMENT, is amended by replacing paragraph one in its entirety as
follows:
"The City agrees to pay Contractor monthly, in accordance with the terms as set
forth in Exhibit D and Exhibit H, based upon actual time spent on the above tasks. This
amount shall not exceed the rates or total contract value four hundred and sixty-four
thousand two hundred twenty-one dollars ($464,221.00), which includes a twenty-five
thousand dollar ($25,000.00) contingency, for the initial fifteen (15) month term of the
Agreement, and shall not exceed three hundred forty-nine thousand eight hundred four
dollars ($349,804.00) annually, which includes a twenty-five thousand dollar
($25,000.00) contingency, for every subsequent year that the contract is extended."
Ill. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK VENCO WESTERN, INC.
By: ______________ _ By: _____________ _
Steven Kueny, City Manager Linda Burr, President
Attest:
Maureen Benson, City Clerk
2
24
EXHIBIT H
r----------------------------------
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Ven co Western, Inc.
F1;;bruary 3, 2014
Allen Walter
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Re: Tierra Rcjada Road Fescue Removal, Regrading, Irrigation Modificatfon and Planting Phase t
SCE Easement to Walnut Creek Rd. -Landscape and Irrigation Propqsal
Dear Allen,
Per your request, below please find our proposal to remove foscue, fine-grade parkway, modify inigation,
and replant new groundcovcr and shrubs in the City parkway located on north side of Tierra Re-Jada Rd.
between Walnut Creek Rd and the SCE powt,'r line easement.
Site Preparc-ition (remove existing g}c, fine-grade & amendment~) LS
Irrigation LS
Planting LS
Total
Sincerely,
Lirufa 'Burr I ]'13
Linda Burri.Julie Bracamontes
Excluslous imd Quali!lcutions
Site lo be r~'<'civcd at+/-. 1' _
No imp<lrt or expon.
Piicc does not include p"1mit~ 1111d foes.
Price does nol include 11 Ov electrical.
Prices based on total package order.
AU sfoeving prior t-0 paving and concrete.
Water/point of connection by otb<..-rs
Irrigation bacldlow preventer by othen;
No rough grnding
No clear und grub.
No cut, patch or boring.
No u-aflic control.
No maintenance.
No tre<: removal
Price does not include drainage.
Bid as srate prevailing wage
We are a non-union cmq>any.
Does not include pL'l'fomJance bond. Add 2% if required.
Excludes jute matting.
Survey by others.
2400 Eastman Avenue, Oxnard. CA 93030 •Phone SOS.981.2400 •Fa. 805.981.24'50
CA UC NO. C27-562295
~_._y~nroWt§tem,oom
$7,328.00
$12,668.00
$13,220.00
$33,216.00
25
ATTACHMENT 3
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PENFIELD & SMITH FOR BASE MAPPING
SERVICES OF TIERRA REJADA ROAD
THIS AGREEMENT, is made and effective as of this day of
_____ , 2014, between the City of Moorpark, a municipal corporation ("City") and
Penfield & Smith, a corporation ("Consultant"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for base mapping services of Tierra Rejada Road
from Spring Road to Los Angeles Avenue; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated February 11,
2014, which is attached hereto as Exhibit B,.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide base mapping services, as set forth in Exhibit B. In the
event there is a conflict between the provisions of Exhibit B and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value eighteen thousand dollars ($18,000.00) as stated in Exhibit B, plus reimbursable
expenses of five hundred dollars ($500.00) and contingency of two thousand seven
hundred ($2,700.00) for a total contract amount of twenty-one thousand two hundred
dollars ($21,200.00), without a written Amendment to the Agreement executed by both
parties. Approval of contingency funding shall require a written Work Order executed by
both parties. Payment by City to Consultant shall be in accordance with the provisions
of this Agreement.
26
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be James Fallon, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms as set forth in Exhibit B, based upon actual time spent on the above
tasks. This amount shall not exceed eighteen thousand dollars ($18,000.00) as stated in
Exhibit B, plus reimbursable expenses of five hundred dollars ($500.00) and
contingency of two thousand seven hundred ($2,700.00) for a total contract amount of
twenty-one thousand two hundred dollars ($21,200.00), for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager or the City Manager's designee. Consultant shall be compensated for any
additional services in the amounts and in the manner as agreed to by City Manager and
Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
Penfield & Smith Page 2 of 15 27
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSUL TANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred and fifty dollars ($150) per day for each calendar day the work, or portion
Penfield & Smith Page 3 of 15 28
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsel'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 subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any ·and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration
Penfield & Smith Page 4of15 29
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsel fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with prov1s1ons
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
Penfield & Smith Page 5 of 15 30
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Penfield & Smith Page 6of15 31
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Hady lzadpanah, Principal Engineer
Penfield & Smith
1327 Del Norte Road, Suite 200
Camarillo, California 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
Penfield & Smith Page 7of15 32
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
Penfield & Smith Page 8of15 33
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any prov1s1on of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
Penfield & Smith Page 9 of 15 34
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK PENFIELD & SMITH
By: _____________ _ By: _____________ _
Steven Kueny, City Manager Hady lzadpanah, Principal Engineer
Attest:
Maureen Benson, City Clerk
Penfield & Smith Page 10of15 35
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
Penfield & Smith Page 11 of 15 36
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A-or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1 . Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 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
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
Penfield & Smith Page 12of15 37
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Penfield & Smith Page 13of15 38
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right·to charge the City or
Consultant for the cost of additional insurance coverage required by this
Penfield & Smith Page 14of15 39
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Penfield & Smith Page 15 of 15 40
111 East ll1ctoria Street
Santa Barbara. CA 93101
tel 805-963-9532
fax 805-966-9801
Santa Barbara
Camaritto
Santa Mana
Lancaster
Civil Engineering
Land Surveying
Land use Planning
Construction
Management & Inspection
Traffic & Transportation
Engineering
Transportation Planning
Structural Engineering
Water Resources
Engineering
GIS
EXHIBIT B
Penfield &Smith
W.O. 21319.01
February 11, 2014
Jessica Sandifer via email: jsandifer@moorparkca.gov
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Subject: Proposal for Base Mapping
Tierra Rejada Road Landscaping/Water Study
Dear Ms. Sandifer:
As you requested, Penfield & Smith is pleased to submit this proposal for base
mapping of Tierra Rejada Road.
UNDERSTANDING OF PROJECT REQUIREMENTS
It is our understanding that the City of Moorpark will be performing a landscape
and water use study along Tierra Rejada Road to comply with recent water use
restrictions and goals. Based on our conversations, we understand that this is not
a civil design effort at this stage, rather a review and report on the existing
landscape conditions by the City and a yet to be named Landscape Architect for
potential solutions to water intensive landscaping. Please note that while our
• scope will provide the overall base map, supplemental surveys may be required
as the design team determines areas of greater importance and/or more critical
areas for review.
· Our scope of work, as outlined below, provides a reasonably quick and cost
effective base map to perform this work on the project corridor (see attached
exhibit for limits). The corridor is approximately 2.4 miles long, as shown and will
. reach the rights of way on both sides of Tierra Rejada Road.
SCOPE OF WORK
Aerial Topographic Mapping
• Perform control network survey for the purpose of establishing horizontal
and vertical positions on the aerial targets for photogrammetric mapping.
• Coordinate with aerial mapping company to obtain aerial photography
and mapping. Topographic mapping will be compiled using standard
photogrammetric methods at a scale of 1 inch equals 40 feet, with a one
foot contour interval as an AutoCAD drawing file.
41
Tierra Rejada Rd Landscape Study
Base mapping
February 11, 2014
Page 2
• At this time, no supplemental field surveys are proposed. All base
mapping will be prepared from the aerial survey as is visible from the
photography.
o Once the Landscape Architect is selected, we can coordinate with the City and
their design team to identify specific areas of interest that may require additional
field surveys. This approach, as opposed to a full supplemental field survey
without the design team input, will be more cost effective for the City.
• Create an AutoCAD drawing for the project base map, including a title sheet with
surveyor's notes, vicinity map and legend.
• Deliverables (electronic): Penfield & Smith will provide AutoCAD drawing files via email,
CD/DVD, or posting to our FTP site for this project. We will include a PDF of a project
information sheet, including the reduced scaled overall site limits, location map,
surveyor's notes, control point listing, and record control references suitable to be plotted
at a 24" x 36" sheet. This informational sheet will be signed and sealed by a California
Licensed Land Surveyor. The actual mapping product is intended to be the electronic
(digital) version only for the use of the landscape design team.
Digital Orthophotography
• Digital image files will be created in the appropriate format. The image will have a pixel
resolution of 0.12 feet (each pixel will represent approximately 2" on the ground) suitable
for plotting at a scale of 1" = 40'. Images will be inserted into the AutoCAD base map
drawing.
Boundary Mapping (Compiled)
• Due to the nature of the project area, length of the project corridor, number of properties
involved and the presences of existing fences and walls along the tracts, we propose to
use the Ventura County Assessor GIS data for location of right of way lines. For a
developed area such as this project, the assessor data together with long standing
subdivision walls and fences will provide reasonably accurate enough right of way
information for landscape analysis and review.
o Upon City and design team review of the project conditions and base mapping, it
may be determined additional right of way determination is required due to
suspected encroachments. These critical concern areas will be handled as
necessary and as directed by the City as additional services. Again, the goal is
be as cost friendly as practical.
SERVICES NOT INCLUDED
The following services and all other services not specifically listed herein are excluded:
• Title Company reports, services and fees.
• Boundary or right of way establishment
• Sub-surface utility detection or potholing services.
Tierra Rejada Rd Landscape Study
Base mapping
February 11, 2014
Page 3
• Setting boundary or right-of-way monuments.
• Preparing and filing Corner Records or maps of any kind.
• Reimbursable expenses.
• Services not listed herein.
ASSUMPTIONS
Our estimate and scope is based on the following assumptions:
1. We will have permission and safe access to and around the project area in question.
PROPOSED FEE AND METHOD OF PAYMENT
Our proposed services will be performed on a time and materials basis and shall be billed
monthly at the rates then in effect. Charges for "time" include professional, technical and
clerical support services provided by Penfield & Smith. "Materials" include all reimbursable
expenses, such as photocopies, postage, shipping/delivery, mileage, plots, prints,
maps/documents and outside consultant fees. Based on our understanding of your
requirements and our experience with similar projects, we estimate that the fee required for our
services will be approximately as follows, not including reimbursable expenses.
Base mapping (aerial imagery, mapping, rights of way) ............................. $18,000
TIME OF PERFORMANCE
Based on our current workload, we estimate that the basemap can be completed in
approximately 25 business days from receiving your authorization to proceed, weather
permitting. Note that time does not include review time by Client or permitting agency.
AUTHORIZATION
Should you require additional information or wish to discuss this proposal further, please give
me a call. My direct line is (805) 981-0706, extension 136. If the proposal is satisfactory, please
contact me to arrange for issuance of the necessary authorization documents.
Thank you for considering Penfield & Smith for this project.
Regards, .
PENF,,IELD & SMIT);;.,..
/' ,,,.5/;~-'
;/ . ·"'';1' /~ .. ~ ,_,,,.;iW ...--···· ··
. J~mes P. tr.fulon, PLS 7807
. "Principal iurveyor Jl Project Manager
Kenneth?1~
Principal Surveyor
Quality Control Manager
Tierra Rejada Rd Landscape Study
Base mapping
February 11, 2014
Page4
Exhibit
---tt
ATTACHMENT 4
RESOLUTION NO. 2014---
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2013/2014 BUDGET BY APPROPRIATING $49,116.00 FROM
THE GENERAL FUND (1000) AND $5,300.00 FROM THE 84-2
STEEPLE HILL T2865 FUND (2302) TO FUND BASE MAPPING
SERVICES AND LANDSCAPE REFURBISHMENT ON TIERRA
REJADA ROAD
WHEREAS, on June 5, 2013, the City Council approved an Agreement with
Venco Western, Inc. for park maintenance services; and
WHEREAS, on June 19, 2013, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2013/14; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of Amendment No. 1 with Venco Western, Inc. and additional appropriation to
fund landscape refurbishment on Tierra Rejada Road between the SCE easement and
Walnut Creek Road; and
WHEREAS, the same staff report requested approval of an agreement with
Penfield & Smith to provide base mapping services of Tierra Rejada Road and
additional appropriation to fund the work; and
WHEREAS, a budget adjustment in the amount of $49, 116.00 from the General
Fund (1000) and $5,300.00 from the 84-2 Steeple Hill T2865 Fund (2302) is requested
for this work; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $49, 116.00 from the
General Fund (1000) and $5,300.00 from the 84-2 Steeple Hill T2865 Fund (2302) as
more particularly described in Exhibit "A", attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
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Resolution No. 2014-
Page 2
PASSED AND ADOPTED this 19th day of February, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A -Budget Amendment
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Resolution No. 2014-
Page 3
EXHIBIT A
BUDGET AMENDMENT FOR
General Fund (1000) and 84-2 Steeple Hill T2865 Fund (2302) for base mapping services and landscape
refurbishment on Tierra Rejada Road
2013/14
FUND ALLOCATION FROM:
Fund Account Number Amount
General Fund 1000-5500 $ 49, 116.00
84-2 Steeple Hill T2865 Fund 2302-5500 $ 5,300.00
Total $ 54,416.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
2302.7900.7901.9103 $ 1,000.00 $ 5,300.00 $ 6,300.00
1000. 7900. 7901.9103 $ -$ 15,900.00 $ 15,900.00
1000.7900.7901.9331 $ -$ 33,216.00 $ 33,216.00
Total $ -$ 54,416.00 $ 55,416.00
Approved as to Form: ~ ~
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