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HomeMy WebLinkAboutAGENDA REPORT 2014 0402 CCSA REG ITEM 10D ITEM 10.D. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL of -awe AGENDA REPORT ACTION: ��aZ . ao. L/Lo , �2otiF -385. TO: Honorable City Council BY: Cal FROM: Hugh R Riley, Assistant City Manager DATE: March 19, 2014 (CC Meeting of 0412114) SUBJECT: Consider Resolution Amending the Fiscal Year 2013-2014 Capital Improvement Budget and Consider Agreement for Professional Engineering Services with Phoenix Civil Engineering, Inc. for a Feasibility Analysis of Industrial Park Sidewalk Improvements • BACKGROUND Four of five of the City's Industrial/Business Parks lack adequate pedestrian sidewalks to meet the needs of current occupants. Many of the buildings in these parks now house a substantially larger number of employees than originally planned creating a parking overload. In some areas the City has allowed limited street parking. Many employees at these businesses walk to work and/or spend break and lunch periods walking in the area. These circumstances together are creating increased pedestrian usage. On February 18, staff sent Requests for Proposals(RFPs)to four professional engineering firms soliciting proposals for a feasibility analysis for the construction of sidewalk improvements. The four parks that are the subject of the analysis are: e Moorpark Square Business Park (LA Ave., Gabbert Road and Poindexter Ave.) • Fitch/Flinn Commercial-Industrial Area (east of Spring Road) • Freeway Business Center (Science Drive) a Moorpark Business Center (Princeton and Condor Avenue) Proposals were received from three firms; M3 Civil, Inc., Penfield & Smith, and Phoenix Civil Engineering, Inc. A summary of the proposals is attached. Staff is recommending that the City retain Phoenix Civil Engineering, Inc. for the work. DISCUSSION Staff is recommending the construction of new sidewalks on one side of the street in these areas wherever it is feasible. The preliminary analysis report will identify locations where new sidewalk would be economically feasible considering existing obstructions such as trees, light and utility poles, fire hydrants and other infrastructure relative to the public right- of-way. Preliminary, itemized cost estimates for the recommended sidewalk construction or relocation including engineering design will also be included in the report. The analysis should also provide recommended priorities for a phased improvement project if appropriate. 144 C:\Users\hriley\Desktop\City Council Agenda Report-Phoenix Engineering-Industrial Park Sidewalk Improvements.doc Honorable City Council March 19, 2014 Page 2 FISCAL IMPACT Staff is recommending that the Analysis be funded from the Traffic System Management (TSM) Fund. The current TSM Fund Balance is$3,471,943.58.There is$607,719 included in the Capital Improvement Budget(CIP)for F.Y. 2013-2014 for various other projects.An amendment to the CIP Budget is necessary to include funds for this project. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2014- Amending the Fiscal Year 2013-2014 Operating and Capital Improvement Budget. 2. Authorize the City Manager to sign the Professional Services Agreement with Phoenix Civil Engineering, Inc. for an amount not to exceed $16,500, subject to final language approval by the City Manager and the City Attorney. Attachment: 1. Summary of Consultant Proposals 2. Resolution No. 2014- 3. Professional Services Agreement 145 AT"T"ACHMENT 1 CITY OF MOORPARK ASSISTANT CITY MANAGER"S OFFICE City Manager Department TO: Steve Kueny, City Manager FROM: Hugh Riley, Assistance City Manager COPY TO: Dave Klotzle, Public Works Director/City Engineer DATE: March 14, 2014 SUBJECT: Summary of Engineering Proposals Received Industrial Park Sidewalk Improvements- Feasibility Study We have received three proposals in response to our February 18, 2014 RFP. A summary of the proposals is presented below. SUMMARY OF PROPOSALS M3 Civil, Inc. Proposed scope of work is consistent with the RFP. They propose a "Green Approach" , considering narrowing road widths to lessen the impact on the existing natural environment. They require the City to provide Street Improvement Plans, Utility Plans, Right of Way maps and GIS information. Professional Services Rates Provided. Principal Project Engineer - $140.00/Hr. PROPOSED FEE: 18,000 based on $1,000 per street (Proposal includes a list of streets) Penfield & Smith Proposed scope of work is consistent with the RFP. They provided an analysis of a portion of Condor Drive to quantify possible sidewalk improvements and their respective costs including a conflict table that details existing improvements that will require relocation and provides two feasible options and an example drawing. A detailed scope of work is included in the proposal. Requires City or other consultant to provide as -built drawings of existing conditions. Professional Services Rates Provided. Principal Project Engineer -$190.00 /Hr. PROPOSED FEE: Not to Exceed $20,605 Billed on T&M and not including 146 reimbursable expenses and lists exclusions. Phoenix Civil Engineering, Inc. Proposed scope of work is consistent with the RFP. Proposal provides detailed task descriptions with associated fees. Data Collection Task includes review of existing documentation provided by the City. Task 2 provides an opinion of costs. Professional Services Rates Provided. Principal Project Engineer - $155.00/Hr. PROPOSED FEE: $15,835 with printing and computer time built in. Large quantities of printing will be billed at an agreed upon rate. Sub -consultant fees marked up 10%. RECOMMENDATION: I recommend selecting Phoenix Civil Engineering, Inc. City Engineer concurs. ATTACHMENTS: Copies of Proposals 147 Consulting Civil Engineers M3 CIL In c o Land Planners q Land Surveyors March 7, 2014 Recel%cd City of Moorpark MAR 0 7 2014 Attn: Mr Hugh Riley, Assistant City Manager 799 Moorpark Avenue Moorpark, CA 93021 v:ist,"tc„ntana-eeSOffice Response to Request for Proposals for Civil Engineering Services; Preliminary Feasibility Study for the incorporation of new sidewalks within (4) existing Industrial Parks. Dear Hugh, M3 Civil, Inc, is pleased to present this proposal. We prepared our submittal in response to the Request For Proposal, dated February 18, 2014, our visit to the subject street of study and our knowledge of similar projects. M3 Civil appreciates and enjoys working with and for Public Agencies and has done so with great success for the last 21 years. We at M3 Civil have proudly serviced both the private and public sectors. We lend a portion of our success to choosing projects that "Fit" our special skills. There are only a few projects a year within the City of Moorpark that we feel we are a 100% Fit. This is the project for our skilled staff. We will be working directly within our areas of expertise and will excel, to the benefit of the community of Moorpark. M3 will take a fresh unbiased look at the technical issues, while leveraging the knowledge and experience from a strong local presence. M3 Civil will take the lead in characterizing the existing conditions pertaining to the City's goals and agendas. The anticipated scope of service includes: A. Site visual survey of the following industrial streets: 1. Commerce 2. Atlantis 3. Hillpark Court 4. Tech Court 5. Maureen Lane 6. Hertz Ave. 7. Discovery Court 8. Challenger Court 9. Bonsai Avenue 10. Tejada Ave 11. Kazuko Court 12. Goldman Ave. 13. Flinn Ave. 400 Rosewood Avenue, .Suite 207 Camarillo, CA 93070 148 Tel -(80.5)445-4404x222 FAX(80S)445-4407 Email-knrccun►re>>a@jn3civii.cortr website-tvivw.m3civil.com 14. Minor Ave. 15. Zachary St. 16. Fitch Ave. 17. Science Drive 18. Condor Drive B. Determination of existing right of way behind existing curbs. C. Identify utilities, site furniture, access conflicts for all properties along subject streets. D. Concept sketches for sidewalk alignments. E. Presentation of Exhibits to City Staff F. Prepare recommendations for additional right of way access to accommodate Handicap, etc. G. Finalize recommended alignment for sidewalks. H. Prepare cost estimate for recommended alignment. I. Recommendations for phased improvements. Please note that there exist many obstacles within the areas of study, some cities have taken a green approach to the challenge and have re-evaluated the improved roadway width to determine if reducing the roadway width by 5' would reduce impacts and continue to provide vehicular needs. Pedestrian sidewalks are then added with no increase of impervious area. This approach could dramatically reduce the impact on existing utilities and hence, reduce improvement costs. M3 will include this consideration in our study. M3 CIVIL, INC. carries insurance which meets or exceeds the minimum required in the RFP, evidence will be presented during contract negotiation. M3 Civil, has carried a City of Moorpark Business License for many years the present license will be subject to renewal in April 2014 Our costs for providing a feasibility study are estimated to be $1000/street, for this project the total would be $18,000. A Fee Schedule is attached for your information. We require the following information from the City's historical files: Street Improvement Plans, Utility Plans, Right of Way maps, GIS information. We look forward to providing services to the City of Moorpark. If you have any questions or comments regarding the contents of our submittal, please do not hesitate to call. Respectfiilly submitted, M3 Civil, I C. Katherine McCunney, RCE, PLS, Qig President 149 C017szc11ing Civil Engineers M61- 11,��Land Planner -s C �� IL 9 �iLand ) Suj-ve cars J 1VM3 Civil, Inc. FEE SCHEDULE CONSULTATIONS & PRESENTATIONS .....................................................$160.00 PRINCIPAL ENGINEER/PROJECT MANAGER...............................................$140.00 SENIOR ENGINEER ............................. .........$120.00 ............................................. PROJECT ENGINEER ........................ ....................$1 15.00 .................................... DESIGN ENGINEER................................................................................. $100.00 DESIGN TECHNICAIN/DRAFTSPERSON............ .....$95.00 ....................................... ADMINISTRATIVE ASSISTANT..................................................................$45.00 LICENSED SURVEYOR (OFFICE)...............................................................$140.00 TWO -PERSON FIELD SURVEY CREW.........................................................$220.00 SURVEY TECHNICIAN...........................................................................$110.00 NOTES: A. The above fees are represented in dollars per hour. B. These fees are effective through July 31, 2014. C. Normal pick-ups and deliveries to local agencies are provided at no additional cost. D. The following items are billed for as reimbursement expenses: *Fees and other charges by goveming agencies, utility holders, etc. *Document printing/plotting for work copy, submittal or distribution purposes. *Photograph, film and Processing. *overnight mail and special deliveries. E. A monthly late fee will be charged to any unpaid balance commencing thirty (30) days after the date of the original billing, which will be the lesser of, one and one half percent (1.5%) per month or a monthly charge not to exceed the maximum legal rate. <1(10 More:rnvrl fi en�rc, .S7ri�e?L17 Cananrilln, CIJ 93019 150 7-c-j_(�505);1�15-11.10=) FAX(805),(45-4407 Fnteil-11117r.Crrnirrc_S'i<t:)n.3c•if?il.Coj71 mr../1si�e-rv��ai�.m3ciiil.coin Penfield & Smith 1327 Del Norte Road, Ste 200 {2ecei�zd Camarillo, CA 93010 tel 805-981-0706 W.0.21331.01 fax 805-981-0251 March 7, 2014 MAR 07 2014 www.penfieldsmith.com I Hugh R. Riley City of Moorpark,,;ce - --- 799 Moorpark Ave A>„>t,,,t C”' o Moorpark, CA 93021 Santa Barbara 1 Camarillo i Subject: Industrial Park Sidewalk Feasibility Study Santa Maria Lancaster j Dear Mr. Riley, The City of Moorpark is embarking on an exciting project to consider the feasibility of improving four industrial parks within the City by retrofitting the existing street Civil Engineering alignments with sidewalks for improved pedestrian access. Penfield & Smith is Land Surveying pleased to provide this letter proposal for engineering services to conduct a sidewalk feasibility study for the public streets within the four industrial parks Land Use Planning i identified in the attached Vicinity Map. Construction Management & Inspection The Penfield & Smith team has completed a number of similar projects, and will Traffic & Transportation bring our experience as a valuable asset to the project. We will utilize our staff Engineering who has worked successfully with the City on numerous projects, and is well versed in doing business with the City and understands specific issues related to Transportation Planning local design requirements. We intend to demonstrate our ability to serve the City Structural Engineering of Moorpark in a timely, technically correct, efficient and responsive manner. Water Resources Engineering The intent of the proposed feasibility study is to determine the practicality and associated cost to retrofit four existing industrial parks within the City of Moorpark GIs iwith sidewalks to better improve pedestrian access. We understand that existing street alignment, curb and gutter, and driveway access to, private property shall remain. Given that the four industrial parks are currently developed, there are numerous constraints to the anticipated sidewalks including: • Mature trees and landscaped mounds • Utility meters, boxes, cabinets and vaults • Fire suppression devises including hydrants and FDCs • Existing Right -of -Way • Utility manholes and storm drain inlets • Private signage • Driveways The practicality and cost efficiency of retrofitting the four existing industrial parks with sidewalks will hinge on addressing the above conflicts. There are several design solutions to accommodate each of these constraints including: 151 1 March 7, 2014 Hugh R. Riley, City of Moorpark Page 2 • Meander sidewalk around obstructions • Removing trees • Relocating utilities and business signs • Obtaining access easements or Right -of -Way. • Grading and retaining walls • Cross walks • Alternate sidewalk from one side of the street to the other Our task for this project is to work with the City to select sidewalk alignments and design criteria that balance pedestrian access, aesthetics and cost. In doing so, we propose to research and document existing conditions, work with City staff to develop sidewalk design criteria, and compare and contrast various design strategies to determine the most feasible means of Providing sidewalk access for the existing industrial parks. As an example of the analysis we propose, we briefly analyzed a portion of Condor Drive to quantify possible sidewalk improvements and their respective cost. First we quantified conflicts of a proposed sidewalk for each side of Condor Drive. The attached Conflict Table details identified improvements that will require relocation. Following identification of conflicts, we then formulated two feasible alternatives to best address various situations. The attached Option 1 shows a portion of Condor Drive where it may be most feasible to Provide a cross -walk in order to avoid pedestrian access easements or right-of-way (ROW) acquisition while minimizing grading and relocation of existing improvements. Option 2 shows an area where the proposed sidewalk can be routed to meander behind existing established trees through an existing park area. The feasibility of obtaining an easement for the sidewalk in Option 2 would factor into selection of the final alignment. Following identification of conflicting improvements and feasible design alternatives, Penfield & Smith will quantify the associated cost to design and construct the feasible sidewalk alternatives. A detailed Scope of Work for the entire 11,300 -feet of road alignment considered for the sidewalk feasibility study is detailed below. SCOPE OF WORK 1. Meetings - The Penfield & Smith project engineer and an associate will attend up to three 2 -hour meetings. We propose a project kick off -meeting, a progress meeting to finalize design criteria and review plans and figures detailing existing conditions, and a workshop meeting to present the draft feasibility report and recommendations. 2. Develop Feasibility Study Criteria - Work with City staff to develop the sidewalk feasibility criteria and confirm City standards to be used during the study. Specific attention will be paid to sidewalk width, accessibility requirements, ROW conditions, and grading conditions. 3. Information Gathering — Penfield & Smith will utilize the available Ventura County aerial photos, LIDAR information, and assessors parcel data to generate working basemaps for each of the four industrial parks. March 7, 2014 Hugh R. Riley, City of Moorpark Page 3 4. Desktop Investigations - Perform a preliminary condition evaluation utilizing Google Street View. This step will save significant field time and enable us to quickly identify issues and prepare a course of action before the field evaluation begins. An example of our proposed desktop investigation for sample location of Condor Drive is provided in Exhibits 1 through 3, detailed above. 5. Document Existing Conditions — Penfield & Smith will travel both sides of the public street alignments within the four industrial parks t compare to conditions identified in the Desktop Investigation. We anticipate street alignment length of approximately 11,300 lineal feet, and a total investigation of 22,600 -feet of public-private interface. The field investigation will allow our team to confirm the desktop investigations and will provide a closer assessment of the impediments listed above and observe field conditions that may have changed since online imagery was collected. Our team will identify conflicts and take measurements at pertinent obstructions to confirm accessibility compliance of proposed improvements. 6. Compile Field Data - Once the field investigation phase is complete, Penfield & Smith will compile the field data onto a spread sheet that can be easily sorted to allow for quick scenario comparisons. 7. Alternatives Analysis — Penfield & Smith will determine the most feasible route to provide sidewalk on one side of all streets in the. study area within the public right-of-way while minimizing crossings. When: right-of-way acquisition or other means to utilize private lands will provide significant cost savings or other project benefits, that alternative will be included in the study. 8. Route Selection - Penfield & Smith will present proposed alternatives to City Staff at the progress meeting for review and discussion. Penfield & Smith will select the final sidewalk routes taking input from City Staff into account. 9. Prepare Draft Sidewalk Feasibility Report - A draft feasibility report will be prepared and submitted to the City for review and comment. The draft report will include recommendations based on the City's criteria and the field investigations. Penfield & Smith will conduct a workshop meeting to present the options and recommendations to City staff. 10. Prepare Final Sidewalk Feasibility Report— Once the draft report comments are received and reviewed, and the workshop meeting completed, Penfield & Smith will make the final revisions to the report and submit the Final Sidewalk Feasibility Report. Deliverables: • Draft Sidewalk Feasibility Report (PDF and hard copies) • Final Sidewalk Feasibility Report (PDF and hard copies) SERVICES NOT INCLUDED The following services and all other services not specifically listed herein are excluded: March 7, 2014 Hugh R. Riley, City of Moorpark Page 4 1. Governmental and public agency fees, cost of bonds and taxes. 2. Title Company reports, services and fees. 3. Services by consultants other than Penfield & Smith. 4. Services beyond those detailed above including Final Design. 5. Assessment of existing facilities for Building Code or ADA compliance. 6. Land surveying or right-of-way/boundary mapping services (these services, if required, would be performed during a future phase of the project). CLIENT TO PROVIDE Client or co -consultant at Client's direction shall provide the following items to Penfield & Smith: As -built record drawings of existing conditions. PROPOSED FEE AND METHOD OF PAYMENT Our proposed services will be performed on a time and materials, not to exceed 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 $20,605.00, not including reimbursable expenses . Our charges will not exceed the above fee estimate without your prior authorization. We have estimated the cost of our services based on our understanding at this time of the scope and complexity of the work. During the performance of our services, the need for additional or expanded services may be determined. We will make every reasonable effort to keep you informed of our progress and costs incurred. ADDITIONAL SERVICES Services performed outside the scope of this agreement require written approval prior to performance of the work. Design changes by Owner/Client or designee after the start of design shall be considered additional services. Any work requested by Owner/Client that is outside the scope of this agreement will be identified by Penfield & Smith as such, and a fixed fee or not -to - exceed amount will be agreed upon prior to the start of the additional work. Compensation for additional services shall be in accordance with Exhibit "A", Penfield & Smith's Billing Rate Schedule currently in effect. EXHIBIT A PENFIELD & SMITH STANDARD BILLING RATES EFFECTIVE JANUARY 1, 2014 Engineering Engineering Technician .............................. $85 Associate Technician .................................... 95 Senior Technician .......................................105 125 Designer.....................................................125 145 Senior Designer..........................................140 160 Junior Engineer...........................................105 170 Assistant Engineer......................................125 190 Associate Engineer.....................................145 Senior I Engineer........................................160 Senior II Engineer.......................................170 Principal Engineer.......................................190 Geomatics (Surveying & Mapping) Surveying Technician ................................ $105 Surveying Associate ...................................145 Senior Surveyor..........................................170 Principal Surveyor.......................................190 One -Man Survey Crew ............................. $180 Prevailing Wage .................................... 200 Two -Man Survey Crew ...............................240 Prevailing Wage .................................... 275 Planning Assistant Planner.........................................110 Associate Planner. ...... ... _ ........................... 130 Senior I Planner...........................................155 125 Senior II Planner..........................................165 145 Principal Planner..........................................180 160 Construction Management Construction Technician ............................. $95 Assistant Construction Manager ................. 125 Associate Construction Manager ................ 145 Senior I Construction Manager.. ................. 160 Senior Ii Construction Manager .................. 170 Principal Construction Manager ................. 190 Construction Inspector .............................. $100 Prevailing Wage .................................... 125 Senior Construction Inspector ..................... 110 Prevailing Wage .................................... 130 Chief Inspector/Owner's Representative ..... 120 Prevailing Wage .................................... 135 General Technical/Clerical Support ........................... $75 Dry Utility Coordinator.............................150 Special Consultant ...................................... 220 (Principal with specialized skills in engineering, geomatics or planning) Expert Witness/Deposition Rates Court appearance — flat fee $3,300/day Depositions - $400/hour including travel time Supplementary work —1.5 times the regular rate Rapid Response = Minimum charge of four (4) hours at 1.5 times the regular rate Out-of-town Survey Crew Travel = 1/2 times regular rate Outside Consultant .......................... Cost + 15% Reimbursable Expenses ................. Cost + 15% In-house reimbursable expense rates available upon request. Note: Adjustments to rates are normally made on January 1st, however, Penfield & Smith reserves the right to make adjustments at any time. 158 Phoenix Civil Engineering, Inc. 4532 Telephone Road, Ste. 113 Ventura, Ca 93003 805.658.6800 info@phoenixcivii.com www.phoenixcivil.com Received Mr. Hugh Riley March 6, 2014 City of Moorpark MAR 6 2014 799 Moorpark Ave. Moorpark, CA 93021assistant Cite tilanaFeis office City of Moorpark — Industrial Park Sidewalk Feasibility Study— Proposal for Engineering Evaluation Services Dear Mr. ney- I am pleased to provide you with this proposal for engineering services associated with the Industrial Park Sidewalk Feasibility Study. The City is presented with a dilemma that many cities face — industrial parks with no pedestrian facilities. As the workforce becomes more health conscious, walking during breaks and lunches are a quick way to grab some added health benefits. Unfortunately, this was not the vision/trend of the industrial park planners when the tracts were designed. At this juncture, the City is researching the feasibility of installing sidewalks on one side of the streets in the four industrial park tracts located in the city limits. Based on our conversations and my review of the documents you provided, I have prepared my proposal to include the following: Task 10 1: Data Collection, Research and Review Task 102: Engineering Opinion of Probable Construction Cost (OPCQ Preparation Task 103: Draft Feasibility Study Preparation Task 104: Final Feasibility Study Completion I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope Of work and our professional services rate sheet along with a fee schedule detailed by task and a project schedule. Our scope of work covers feasibility level services only and does not include permit or design level assistance services. Please ,let me know if you have any questions or would like to discuss my proposal. 159 March 6, 2014 Scope of Services Background/Proiect Understanding The City of Moorpark has four industrial park areas that were constructed without sidewalks. Changes in the attitudes of the public regarding exercise in recent years has encouraged people to walk or move about during their lunch and break times on working days. While this is a benefit to the employer and the employee, the public right of way areas within the industrial parks identified as part of this study do not lend themselves to pedestrian activities. Undaunted, the pedestrians venture into the travel way of vehicles unprotected. This feasibility analysis will review the four identified industrial parks, existing city right of way information, utilities and prepare engineering level opinions of probable construction cost (OPCCs) for the areas where sidewalks are a possibility. Task 101: Data Collection, Research and Review Existing data on the industrial park tracts, existing utility information within the tracts, and recorded right of way information will be analyzed as part of this task. In addition, a site visit will be made to each of the industrial parks to obtain additional information regarding the configuration of the right of way and any potential issues that will need to be addressed or mitigated as part of the project (aboveground obstructions or buried facilities with at grade exposure (vaults, etc.). Close work with City staff is anticipated to ensure a successful project. The following efforts are included in this task: • Review of existing documentation provided by the City relating to the four industrial park tracts. • Site visit to each of the streets within the tracts. Deliverable: No deliverable is associated with this task. Task 102: Engineering Opinion of Probable Construction Cost (OPCC) Preparation Once the sites have been analyzed in Task 101 and the existing data collected, it will be necessary to prepare engineering level opinions of probable construction cost (OPCC) for each of the streets within the individual tracts. This information will be utilized within Task 103. The OPCCs will utilize recent, local construction bid results, and industry resources such as the California Department of Industrial Relations (prevailing wage) and the State of California Department of Transportation (Caltrans) recent construction bid results and equipment rental rates to determine accurate estimates. The following efforts are included in this task: • Review of recent construction bid results and resources for labor and equipment rates. • Preparation of OPCCs for each street within the individual tracts. Deliverable: The OPCC documents prepared as part of this task will be incorporated into the Task 103 deliverable. Task 103: Draft Feasibility Study Preparation . This task involves preparation of the draft feasibility study for the four industrial parks. The feasibility study will incorporate the findings and conclusions from the efforts from Tasks 101 and 102. Once the document is completed in draft form, it will be provided to City staff for review and comment. It is anticipated that one review meeting will be held to obtain the comments. Page 1 of 2 161 March 6, 2014 The following efforts are included in this task: • Preparation of the draft feasibility study incorporating the efforts from Tasks 101 and 102. • Meeting with the City staff to discuss their review and comments on the draft feasibility study. Deliverable. Three (3) sets of the draft feasibility study will be provided to the City for their internal review. One electronic copy of the draft report (.pdf) will be provided. Task 104: Final Feasibility Study Completion This task includes incorporation of the City review comments on the draft feasibility report. Finalization of the document will be performed. The following efforts are included in this task: • Incorporation of City review comments on the draft feasibility report. • Finalization of the feasibility study and delivery to the City. Deliverable. Three (3) sets of the final feasibility study will be provided to the City for their files. One electronic copy of the final report (.pdo will be provided. Schedule The work associated with Tasks 101 through 104 will be made a top priority. Every effort will be made to keep the project schedule moving along. Fees Work associated with Tasks 101 through 104 is estimated to cost $15,835. A breakdown of the level of effort is listed below: Task 101: Data Collection, Research and Review $2,690 Task 102: Engineering Opinion of Probable Construction Cost (OPCC) Preparation $3,380 Task 103: Draft Feasibility Study Preparation $7,215 Task 104: Final Feasibility Study Completion $2,550 Page 2 of 2 162 PHOENIX CIVIL ENGINEERING, INC Professional Services Rate Sheet Principal Engineer Resident Engineer Professional Engineer Staff Engineer Senior Designer Construction Observer Junior Designer Technical Assistant Administrative Assistant $155/hour $145/hour $130/hour $120/hour $116/hour $100/hour $85/hour $65/hour $45/hour Costs associated with printing and computer time are calculated in the rates. Large quantities of printing (multiple sets of specifications, reports, etc.) will be billed at an agreed upon rate. Subconsultant costs will be marked up 10%. 163 ATTACHMENT 2 RESOLUTION NO. 2014- A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2013/2014 BUDGET BY APPROPRIATING $16,500.00 FROM THE TRAFFIC SYSTEM MANAGEMENT FUND (2001) FOR CIVIL ENGINEER SERVICES FOR INDUSTRIAL PARK SIDEWALK IMPROVEMENT FEASIBILITY STUDY 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 additional appropriation to fund civil engineering services for Industrial Park Sidewalk Improvements Feasibility Study; and WHEREAS, a budget adjustment in the aggregate amount of $16,500.00 from the Traffic System Management Fund (2001) 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 $16,500.00 from the Traffic System Management Fund (2001) 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. PASSED AND ADOPTED this 2nd day of April, 2014. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Budget Amendment 164 EXHIBIT A BUDGET AMENDMENT FOR Traffic System Management Fund (2001) for Professional Engineering Services for an Industrial Park Sidewalk Improvement Project Feasibility Study 2013114 FUND ALLOCATION FROM: Fund Account Number Amount Traffic System Management Fund 2001-5500 $ 16,500.00 Total $ 16,500.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2001-8310-8094-9102 $ - $ 16,500.00 $ 16,500.00 Total $ - $ 16,500.00 1 $ 16,500.00 Approved as to Form: 165 ATTACHMENT 3 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR INDUSTRIAL PARK SIDEWALK IMPROVEMENT PROJECT NO. 8094 THIS AGREEMENT, is made and effective as of this day of , 2014, between the City of Moorpark, a municipal corporation and ("City") Phoenix Civil Engineering Inc. a California Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for professional engineering services relating to the feasibility of an Industrial Park Sidewalk Improvement Project 8094; 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 March 6, 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 and continue in effect until the services are completed, 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 professional engineering 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. Compensation for the services to be performed by Consultant shall be as billed by the Consultant on a time and materials Basis accordance with hourly rates provided in Exhibit C. Compensation shall not exceed the rates or total contract value of fifteen thousand eight hundred thirty-five dollars ($15,835) as stated in Section 5 without a written Amendment to this Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant 166 shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Jon Turner, P.E., 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 of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed fifteen thousand eight hundred thirty-five dollars ($15,835) for the total term of this 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. 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. If the City disputes any of Consultant's fees or expenses it 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 2 of 14 167 immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 3 of 14 168 such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 9. 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 sub -consultants (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 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 provisions 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. Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 4 of 14 169 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. 10. 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. 11. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. 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. 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. 13. 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 5 of 14 170 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]. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. 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. 16. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Consultant further covenants that if Consultant has contracted with or is performing any services directly or indirectly, with developer(s) and /or developer's consultants and /or property owner(s) and /or firm(s) and /or partnerships 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, Consultant shall immediately notify the City Engineer/Public Works Director, in writing, informing him /her of the nature of the contract. The City Engineer/Public Works Director, in consultation with the City Manager, shall determine whether potential conflict exists. 17. 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.- Phoenix ollows: Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 6 of 14 171 To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Jon Turner, P.E. Principal Engineer Phoenix Civil Engineering, Inc. 4532 Telephone Road., Suite 113 Ventura, California 93003 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. 18. 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. 19. 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. 20. 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. 21. 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. Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 7 of 14 172 22. 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. 23. 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. 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal and this Agreement shall take precedence over those contained in the Consultant's Proposal. Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 8 of 14 173 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC. Steven Kueny, City Manager Attest: Maureen Benson, City Clerk Jon Turner, P.E., Principal Engineer Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 9 of 14 174 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 10 of 14 175 coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 11 of 14 176 or reduction of discovery period) that may affect the City's protection without the City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self -insure its obligations to the City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the 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 Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 12 of 14 177 ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 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. Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 13 of 14 178 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Phoenix Civil Engineering, Ind. Park Sidewalk Improvements Page 14 of 14 179 Phoenix Civil Engineering, Inc. 4532 Telephone Road, Ste. 113 Ventura, Ca 93003 805.658.6800 info@phoenixcivil.com www.phoenixcivii.com Fteceiced Mr. Hugh Riley MAR 6 2014 March 6, 2014 City of Moorpark 799 Moorpark Ave. Assistant Cit'o Managers Office Moorpark, CA 93021 City of Moorpark — Industrial Park Sidewalk Feasibility Study— Proposal for Engineering Evaluation Services Dear Mr. Riley - I am pleased_ t_o_provide you with this proposal for engineering services associated with the Industrial Park Sidewalk Feasibility Study. The City is presented with a dilemma that many cities face — industrial parks with no pedestrian facilities. As the workforce becomes more health conscious, walking during breaks and lunches are a quick way to grab some added health benefits. Unfortunately, this was not the vision/trend of the industrial park planners when the tracts were designed. At this juncture, the City is researching the feasibility of installing sidewalks on one side of the streets in the four industrial park tracts located in the city limits. Based on our conversations and my review of the documents you provided, I have prepared my proposal to include the following: Task 101: Data Collection, Research and Review Task 102: Engineering Opinion of Probable Construction Cost (OPCC) Preparation Task 103: Draft Feasibility Study Preparation Task 104: Final Feasibility Study Completion I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope of work and our professional services rate sheet along with a fee schedule detailed by task and a project schedule. Our scope of work covers feasibility level services only and does not include permit or design level assistance services. Please let me know if you have any questions or would like to discuss my proposal. EXHIBIT B 180 March 6, 2014 Scope of Services Background/Proiect Understanding The City of Moorpark has four industrial park areas that were constructed without sidewalks. Changes in the attitudes of the public regarding exercise in recent years has encouraged people to walk or move about during their lunch and break times on working days. While this is a benefit to the employer and the employee, the public right of way areas within the industrial parks identified as part of this study do not lend themselves to pedestrian activities. Undaunted, the pedestrians venture into the travel way of vehicles unprotected. This feasibility analysis will review the four identified industrial parks, existing city right of way information, utilities and prepare engineering level opinions of probable construction cost (OPCCs) for the areas where sidewalks are a possibility. Task 101: Data Collection, Research and Review Existing data on the industrial park tracts, existing utility information within the tracts, and recorded right of way information will be analyzed as part of this task. In addition, a site visit will be made to each of the industrial parks to obtain additional information regarding the configuration of the right of way and any potential issues that will need to be addressed or mitigated as part of the project (aboveground obstructions or buried facilities with at grade exposure (vaults, etc.). Close work with City staff is anticipated to ensure a successful project. The following efforts are included in this task: • Review of existing documentation provided by the City relating to the four industrial park tracts. • Site visit to each of the streets within the tracts. Deliverable: No deliverable is associated with this task. Task 102: Engineering Opinion of Probable Construction Cost (OPCC) Preparation Once the sites have been analyzed in Task 101 and the existing data collected, it will be necessary to prepare engineering level opinions of probable construction cost (OPCC) for each of the streets within the individual tracts. This information will be utilized within Task 103. The OPCCs will utilize recent, local construction bid results, and industry resources such as the California Department of Industrial Relations (prevailing wage) and the State of California Department of Transportation (Caltrans) recent construction bid results and equipment rental rates to determine accurate estimates. The following efforts are included in this task: Review of recent construction bid results and resources for labor and equipment rates. Preparation of OPCCs for each street within the individual tracts. Deliverable: The OPCC documents prepared as part of this task will be incorporated into the Task 103 deliverable. Task 103: Draft Feasibility Study Preparation This task involves preparation of the draft feasibility study for the four industrial parks. The feasibility study will incorporate the findings and conclusions from the efforts from Tasks 101 and 102. Once the document is completed in draft form, it will be provided to City staff for review and comment. It is anticipated that one review meeting will be held to obtain the comments. Page 1 of 2 182 March 6, 2014 The following efforts are included in this task: • Preparation of the draft feasibility study incorporating the efforts from Tasks 101 and 102. • Meeting with the City staff to discuss their review and comments on the draft feasibility study. Deliverable: Three (3) sets of the draft feasibility study will be provided to the City for their internal review. One electronic copy of the draft report (.pdf) will be provided. Task 104: Final Feasibility Study Completion This task includes incorporation of the City review comments on the draft feasibility report. Finalization of the document will be performed. The following efforts are included in this task: • Incorporation of City review comments on the draft feasibility report. • Finalization of the feasibility study and delivery to the City. Deliverable: Three (3) sets of the final feasibility study will be provided to the City for their files. One electronic copy of the final report (.pdf) will be provided. Schedule The work associated with Tasks 101 through 104 will be made a top priority. Every effort will be made to keep the project schedule moving along. Fees Work associated with Tasks 101 through 104 is estimated to cost $15,835. A breakdown of the level of effort is listed below: Task 101: Data Collection, Research and Review $2,690 Task 102: Engineering Opinion of Probable Construction Cost (OPCC) Preparation $3,380 Task 103: Draft Feasibility Study Preparation $7,215 Task 104: Final Feasibility Study Completion $2,550 Page 2 of 2 183 PHOENIX CIVIL ENGINEERING.INC Professional Services Rate Sheet Principal Engineer Resident Engineer Professional Engineer Staff Engineer Senior Designer Construction Observer Junior Designer Technical Assistant Administrative Assistant $155/hour $145/hour $130/hour $120/hour $116/hour $100/hour $85/hour $65/hour $45/hour Costs associated with printing and computer time are calculated in the rates. large quantities of printing (multiple sets of specifications, reports, etc.) will be billed at an agreed upon rate. Subconsultant costs will be marked up 10%. EXHIBIT C 184