HomeMy WebLinkAboutAGENDA REPORT 2014 1105 CCSA REG ITEM 10H ITEM 10.H.
CITY OF MOORPARK,CALIFO'
City Couna Meeting
MOORPARK CITY COUNCILo II-5--Av/4
AGENDA REPORT ACTION:
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TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: October 23, 2014 (CC Meeting of 11/05/14)
SUBJECT: Consider Agreement for Professional Engineering Services with
AECOM for the Los Angeles Avenue Widening between Moorpark
Avenue and Spring Road, Project 8013 and Resolution Amending the
Fiscal Year 2014/15 Budget
BACKGROUND
On August 2, 2000, the City Council selected Boyle Engineering Corporation (Boyle) to
prepare the design of the Los Angeles Avenue Widening Project between Moorpark
Avenue and Spring Road. An agreement was executed in the amount of $124,000 and
included preliminary design, conceptual design alternatives and final design. The
agreement was amended several times over the years including:
1. Revise design for Los Angeles Avenue widening: Moorpark Avenue to Spring Road;
to add the widening of Spring Road (east side) south of Los Angeles Avenue.
2. Amended to include Project Report (PR) / Project Study Report (PSR) stormwater
management plan and related services.
3. Hazardous material initial site assessment and noise study.
4. Widen north side of Los Angeles Avenue at McDonald's and widen east side of
Spring Road at Chevron.
5. Los Angeles Avenue/Millard Street traffic signal warrant study.
6. Design changes at northeast and southeast corner of Spring Road and New Los
Angeles Avenue.
7. Revision of design plans for Millard Street and update of stormwater data report.
Some of the change orders required additional fund expenditures. The following table
details the change in the original Agreement cost.
s\Public VVorks\Everyone\Reports\Staff Reports\20141November111-5-2014(AECOM Agreement-L A Ave Widening Moorpark to Spring)doc 1 28
Honorable City Council
November 5, 2014
Page 2
Task
Preliminary Conceptual Design
Design Alternates
Final Conceptual Design
PEER Report
Final Design
Administration
Reimbursable Expenses
Total
Original Fee
$32,500
$5,000
$25,000
$4,500
$48,000
$7,500
$1,500
$124,000
Change Order Revised Fee
$12,000 $44,500
$0 $5,000
$0 $25,000
$27,000 $31,500
$153,381 $201,381
$37,034 $44,534
$1,500 $3,000
$230,915 $354,915
In May 2001, the City Council approved the conceptual design for the project. In February
2003, Caltrans determined that it would be necessary for the City Council to seek and
obtain approval of a PSR for the project. Boyle was directed to prepare, submit and
process the PSR. Staff met with Caltrans and was granted approval to process the project
through the encroachment permit process rather than the lengthy PSR process.
Boyle prepared the final design and submitted it to Caltrans for review. At the same time,
the City pursued acquisition of the necessary right-of-way to construct the road widening.
During this time Boyle was acquired by the engineering firm AECOM Technical Services,
Inc. (AECOM). The project was delayed through the Caltrans review process and additional
revisions to the project were necessary including an update to the 2006 Caltrans
Standards, and the design of soundwalls required by the noise study. On December 16,
2009, City Council approved a new agreement with AECOM in the amount of $65,458 to
perform the required revisions. Progress on the project has been delayed due to the right-
of-way acquisition process and $41, 173.08 of the new agreement remains unspent.
DISCUSSION
Supplemental engineering services are required by AECOM to finalize the project plans
and specifications for obtaining construction bids. The additional services include updating
the project to meet current Caltrans standards last updated in 2010, updating NPDES
stormwater requirements, coordinating utility relocations, landscaping and irrigation plans,
obtaining Caltrans approval for federal funding, feasibility analysis of adding a center
median, and bidding and construction phase services.
AECOM has submitted a proposed Scope of Work for the supplemental engineering
services and additional fee required in the amount of $604,079. Staff has prepared a new
Agreement with AECOM (Attachment 1) for the required engineering services which
includes the items of work from the 2009 agreement that have not been completed
(soundwall design, update to current Caltrans standards and Caltrans permit review
process). The 2009 AECOM agreement will be terminated and the $41, 173.08 of
remaining funds will be unencumbered and used towards the cost of the new agreement.
A separate prior agreement with BJ Palmer and Associates for utility relocation design in
the amount of $14,000 will also be terminated and the entire unspent amount of $14,000
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Honorable City Council
November 5, 2014
Page 3
will be unencumbered and put towards the new agreement with AECOM. The utility
relocation design and coordination is now part of the new AECOM agreement. The table
below summarizes the project design costs.
Description Total Unspent Project
Amount Amount Design Total
Original Boyle Agreement $354,915 $0 $354,915
2009 AECOM Agreement $65,458 $41, 173 $24,285
BJ Palmer Aqreement $14,000 $14,000 $0
2014 AECOM Aqreement $604,079 $0 $604,079
Total $983,279
FISCAL IMPACT
Design of this project is being funded by the Los Angeles Avenue Area of Contribution
Fund (2501 ). A budget amendment (Attachment 2) for an increase of $547, 177.99 is
required for the new AECOM agreement since sufficient funds are not included in the
current Fiscal Year 2014/15 Capital Improvement Budget for the new agreement. The
proposed budget amendment is described in the table below. Sufficient funds exist in
Fund 2501 for the proposed budget amendment.
Description
Prior FY Carryover
2009 AECOM Agreement
BJ Palmer Agreement
2014 AECOM Agreement
Total
Current FY
2014/15
Budget
$ 1,727.93
$ 41,173.08
$ 14,000.00
$
$ 56,901.01
STAFF RECOMMENDATION (ROLL CALL VOTE)
Proposed
Budget
Amendment
$
$
$
$ 547, 177.99
$ 547, 177.99
Total Amended
Budget
$ 1,727.93
$ 41,173.08
$ 14,000.00
$ 547, 177.99
$ 604,079.00
1. Authorize the City Manager to sign a Professional Services Agreement with AECOM in
an amount not to exceed $604,079, subject to final language approval by the City
Manager and the City Attorney.
2. Adopt Resolution 2014 -amending the Fiscal Year 2014/15 budget to appropriate
$547, 177.99 from L.A. AOC Fund (2501) to fund the subject services.
Attachments:
1 -Agreement with AECOM for Professional Services
2 -Resolution 2014 ----
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Attachment 1
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND AECOM TECHNICAL SERVICES, INC. FOR
ENGINEERING SERVICES FOR WIDENING OF LOS ANGELES AVENUE BETWEEN
MOORPARK AVENUE AND SPRING ROAD, PROJECT NO. 8013
THIS AGREEMENT, is made and effective as of this day of
__________ , 20 __ , between the City of Moorpark, a municipal
corporation ("City") and AECOM Technical Services, 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 widening of Los Angeles Avenue between Moorpark Avenue and Spring Road,
Project 8013; 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 October 23,
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 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.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of six hundred four thousand seventy-nine dollars ($604,079) as stated in Section
5, without a written Amendment to the Agreement executed by both parties. Payment by
City to Consultant shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Brian Balderrama, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed six hundred four
thousand seventy-nine dollars ($604,079) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have 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
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such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
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 counsels' 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
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels' 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
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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.
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 CONSUL TANT
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, 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.
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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
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. 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.
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 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.
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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:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: AECOM Technical Services, Inc.
515 Flower Street, Fourth Floor
Los Angeles, CA. 90071
Attention: Stephen Polechronis, Senior Vice President
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
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rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
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, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
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not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any 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.
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 AECOM Technical Services, Inc.
By:
~~~~~~~~~~~~~~
By:
~~~~~~~~~~~~~~
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
AECOM, L.A. Ave. Widening
Stephen Polechronis
Senior Vice President
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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
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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 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an AM. 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.
AECOM, L.A. Ave. Widening Page 11of14
141
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.
AECOM, LA. Ave. Widening Page 12 of 14
142
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
AECOM, L.A. Ave. Widening Page 13 of 14
143
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.
AECOM, L.A. Ave. Widening Page 14 of 14
144
October 23, 2014
Mr. David Klotzle, PE
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject:
Dear David:
City of Moorpark
Los Angeles Avenue Widening Project
Supplemental Engineering Services
Exhibit B
AECOM
This letter transmits our proposal for the Professional Services for a plans, specifications, and
estimate package to issue for construction and bid and design support during construction. The
tasks for completing the additional services are detailed in the attached Scope of Work (Exhibit
8).
AECOM proposes to provide these services at a cost plus fixed fee bases, utilizing the rates
from the Fee Schedule (Exhibit C).
Please review and if acceptable, submit to us the City's amendment to the agreement for our
review and signature.
If you have any questions do not hesitate to call. We look forward to continue working with you
on this project.
Sincerely,
AECOM Technical Services, Inc.
;?vo0 ·c 0/~
for Stephen Polechronis
Senior Vice President
Enclosures: Exhibit B, Scope of Work
Exhibit C, AECOM Fee Estimate and Schedule for Professional Services
145
Exhibit B
October 2014
This statement was prepared to update the City on the design assessment in order to provide a cost to
completion for the Plans, Specifications, and Estimates for Los Angeles Avenue (Route 118) Widening from
Moorpark Avenue to Spring Road.
Exhibit 8 "Scope of Work" of the captioned contract, is included to provide services related to the City's need
for consulting engineering services.
SCOPE OF WORK
Supplemental Engineering Services
Task 001 -Project Management
Through Caltrans coordination, the project construction cost is under $3 million and is an encroachment
project. Since the project is over $1 million, it is going through Caltrans Design Oversight of approval of
Plans, Specifications and Estimate. AECOM will conduct ( 1) project kick off meeting with the Project
Development Team, (1) Kick Off Meeting with staff, Conduct weekly status review meetings with City staff,
(2) Presentations to City Council or executive staff, and up to (6) in-person meetings with Caltrans staff.
AECOM will submit required project documents to Caltrans and obtain the encroachment permit from
Caltrans. Weekly status review meetings with the City staff can be via conference call or in-person, based
on City preference. The duration of the status review meetings will be based on project deliverables and
outstanding items. In-person meetings with Caltrans staff are geared toward over the shoulder and
comment review sessions. The project manager will remain in constant contact with Caltrans staff over the
course of the project. AECOM will prepare meeting agendas, minutes and presentation material for the
meeting shown above.
Task 002 -Temporary Construction Easements (TCE) Refinements for properties and Right of Way
data
AECOM will refine the geometric drawing file to meet the 2010 edition of Caltrans standards. Temporary
construction easements and proposed right of way lines will be updated while adjusting the current
geometric design file will be submitted to the City's ROW services consultant. Up to eight (8) Plat and legal
descriptions for new acquisitions are included in this task and will be performed by Benner and Carpenter,
Inc. AECOM will prepare an electronic GADD file of the street improvements for the City's ROW services
consultant to use. Hours for quality assurance between the City's ROW services consultants and the Plat
and Legal work with electronic GADD files that our team will prepare are included.
Task 003 -Aerial Topographic and Ground Survey
A revised aerial photography suitable for compiling a topographic map at a scale of 1 "=40', showing 1'
contours will be developed. The limits of survey will be from the west side of Moorpark Avenue to 550' east
of Spring Road, 50' past curb returns on the side streets, and 150' south of the curb return on Spring Road.
The map will identify all street infrastructures, buildings, utilities, trees, roadway, etc., according tq standard
practice. The aerial survey will be supplemented with ground topography. Ground survey will include spot
elevations along the outermost lane line, edge of pavement, flow line, top of curb, and back of walk at 50'
intervals to 10'-15' past the existing right of way line. In addition, the survey consultant will dip accessible
manholes that are between the outside traffic lane and the right of way. Deliverables will include one set of
color contract prints, a color digital ortho photo, and an AutoCADD drawing file. '
AECOM
146
Task 004 -Utility Coordination
Utility companies
Exhibit B
October 2014
Letters will be sent to each utility company known to have utilities in Los Angeles Avenue study area with
construction notification information and anticipated construction schedule for the project area. A utility log will
be prepared to document outgoing and incoming requests and information, coordination effort, and utility
owner contacts.
Verification
Known conflicts shown on plans will be coordinated with impacted utility owner and documented. This task
includes up to eight (8) potholes within City right-of-way for utility verification. Pothole depths are not to exceed
4 feet. Fee estimate include cost and time and material for traffic control. The City will need to apply for a
permit as Owner.
Relocations
Utility relocation coordination is needed for the affected pole at the northeast comer of Moorpark Avenue and
Route 118. Existing utility lines resulting in direct impact to proposed design or requiring adjustments to grade
will be shown on the Utility Relocation Plans. Utility Plans will address conflicts, identify high risk utilities,
display ownership and proposed location with hours for plan development shown in task 005.
Task 005 -Update Roadway Plans
AECOM will update the Roadway Plans shown below to adhere to the 2010 edition of Caltrans standard
Plans. Plans will be prepared at a scale of 1" == 40' or larger as necessary.
Drawings No. Sheets
Title Sheet 1
General Notes 1
Typical Cross Sections 2
Intersection/Construction Details 3
Demolition Plans 2
Plan and Profile Sheets 3
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Drainage Plans, Details, and
Quantities
Existing Utility Plans
Utility Relocation Plans
Construction Area Signs
Construction Staging and Traffic
Handling Plans
Pavement Delineation and
Signing Plans
Temporary Water Pollution
Control Layouts and Details
Erosion Control Plans
Landscape and Irrigation Plans
(l" = 20"} and Details
Highway/ Street Lighting Plans
and Details
Traffic Signal Plans and Details
Soundwall and Retaining Wall
Plans and details
Total
5
2
4
1
8
3
3
2
7
4
7
9
67
I
Exhibit B
October 2014
Due to the extensive consultation on geometrics by the City with c.altrans staff, we anticipate that there will
not be a need for the 35% plan submittal. AECOM will make plans submittals at the 65%, 90% and 100%
completion levels.
A.:COM
148
Task 006 -Update Roadway Specifications
Exhibit B
October 2014
AECOM will prepare project-specific Special Provisions in accordance with the Caltrans 2010 standards
and federally funded project requirements for all roadway items of work shown in task 005. A list of
contract items with item descriptions, item numbers, and units of pay, will be included in the special
provisions.
Task 007 -Update Roadway Cost Estimate
AECOM will prepare an Engineer's Opinion of Probable Cost for roadway items of work shown on task
005, based on detailed quantity takeoffs and current unit prices. Quantities for contract items, including
cost of lump-sum items, will be substantiated by calculations. Quantity calculations will be neat and orderly
and will show sketches, diagrams and dimensions necessary to allow them to be independently used by
field engineers. Quantity calculations will be independently checked for accuracy.
Task 008-Caltrans E76 Approval
AECOM will submit 100% plans, specifications and estimate and fill out all necessary forms to complete
the Caltrans E76 approval process for federal funds on behalf of the City. Task will include coordination
hours with Caltrans during the approval process. Associated fees for Caltrans review and approval for this
task to be paid directly by the City if contingency costs go over the $5,000.00 amount allocated for this
task.
Task 009 -SWPPP I NPDES Permit
Per new NPDES permit guidelines a Storm Water Data report is required. In addition, AECOM will revise
the Drainage Report per the Ventura County Design Hydrology Manual, updated December 2010. AECOM
will prepare a SWPPP which will include four (4) Water Pollution Control Plan Sheets and process
paperwork through the Regional Water Quality Control Board. Water Pollution Control specifications will be
compiled and included in the Special Provisions.
Monitoring and updating the SWPPP during construction will be done by others.
Task 010-Landscape and Irrigation Design
AECOM will perform design services to prepare plans, specifications and opinion of construction cost for
landscape Improvements in conformance with current City landscaping and irrigation guidelines at the
following locations:
a. Los Angeles Avenue north parkway from approximate Station 91 +20 to Station 98+90.
b. Los Angeles Avenue south parkway from approximate Station 107+75 to Station 110+70.
c. Spring Road east parkway from Chevron gas station to the 7 Eleven Driveway.
Budget includes attending two (2) meetings and preparation of six (6) plan sheets at 1 "=20' Scale. Scope
assumes that existing private property irrigations can be cut back and capped, and the new parkway
irrigation system will be City maintained.
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Task 011 -Highway/ Street Lighting
The AECOM approach will include the following elements:
Phase 1 -Photometric Lighting Analysis
Exhibit 8
October 2014
• Based on as-built plans obtained from the project team of the existing lighting system along Los Ange-
les Avenue from Moorpark Avenue to just east of Spring Road, a site investigation will be conducted to
confirm as-built plans and identify existing light pole types, luminaire arms, fixture mounting and watt-
age.
• Coordinate with Caltrans that lighting type (HPS or LED) for a local highway will be the decision of the
local agency.
• Conduct a photometric lighting analysis of the corridor to meet the minimum average foot candle and
uniformity ratio requirements. The lighting analysis design will try to minimize the impact to existing
light fixtures that are not impacted by the proposed roadway improvements.
• Submit photometric lighting analysis to the City for their review.
• Revise and resubmit photometric lighting analysis based on City review comments for City concur-
rence.
Phase 2 -Plans. Specifications and Estimate
• Prepare the lighting plans based on photometric lighting analysis prepared in Phase 1.
• Coordinate with utility service planner of new service installation requirements and submit all necessary
service application form, load calculation and the proposed service pedestal location plan.
• Electrical service to street lighting, traffic/signal and irrigation systems (if required) will be provided.
• Submit 65%, 90% and 100% PS&E. Incorporate City comments from each submittal.
Assumptions
• Existing SCE poles are in compliance with the latest standards.
• Caltrans will allow HPS lighting for highway lighting.
a Lighting analysis will assume that the existing and proposed lights will be HPS.
• Light pole pattern will be staggered.
a Proposed lights will be SCE poles.
.. LED type lighting will not be considered.
" No temporary lighting plans will be required.
" Construction and bid support will be handled under a separate contract.
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Task 012 -Traffic Signal Design
The Scope of Work for traffic signal design shall consist of the following:
Exhibit B
October 2014
1. Research and investigation of existing As Built plans, field conditions and coordination with other
portions of the project.
2. Preparation of traffic signal plans per Caltrans 2010 standards and specifications for the intersec-
tions of:
a. SR118 at Moorpark Ave.
b. SR118 at Millard St. (2004 Traffic Signal Warrants and Operation Report)
c. SR 118 at Spring St.
3. Two coordination meetings
4. Preparation of technical specifications
5. Construction quantity and cost estimate
6. Plan and specification submittals at 65%, 90% and 100%
A. The Scope of Work does not include the following:
1. Electric power service
2. Traffic signal interconnect
3. Traffic signal timing of any kind
4. Support during construction
5. Traffic signal analysis - (Level of Service, traffic volume analysis, etc.)
6. Utility investigation (underground and overhead utility investigation)
7. Exhibits
8. Meetings other than those mentioned in scope of work for street lighting design.
B. Height and voltages of overhead conductors, including electric power, cable TV, telephone, etc. shall
be determined by AECOM.
Task 013 -Soundwall and Retaining Wall Design
The Environmental Document for the project site requires the construction of Soundwall 1A (10' high and
187' long) in front of the Regal Apartments located south of Los Angeles Avenue, Soundwall 4 (8' high and
121' long), north of Los Angeles Avenue and West of Flory Avenue and walls 2 (6' high and 74' long), and
3 (6' high and 176' long), for the inbuilt section east of new development. The soundwall will be based on
Caltrans 2010 standards for masonry block soundwall with spread footing. (Standard aesthetic treatment
will be included.)
Using the latest Seismic Design and Selection of Standard Retaining Walls criteria from Caltrans, a stand-
ard retaining wall design for the project is not applicable. The Structure Design for retaining walls will be a
special design.
Unchecked Details
AECOM will develop layout information and structural design of necessary retaining walls on the project.
Layout sheets, elevations and details will be provided. Special designed cantilevered concrete retaining
walls with handrails will be used. If needed, AECOM will provide architectural treatment for the walls lim-
ited to using standard form liner and simple reveals.
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Deliverables: Unchecked Retaining Wall Plans
Draft Foundation Report
Initial PS&E
Exhibit B
October 2014
AECOM will address review comments from previous submittal. Details will be refined to incorporate re-
view comments and/or design modifications. AECOM will perform independent check of the refined de-
tails. Structure Special Provisions will be drafted. Marginal cost estimate will be provided and inde-
pendently checked.
Deliverables: Retaining Wall Plans
Design Calculations
FinalPS&E
Check Calculations
Structure Special Provisions
Marginal Cost Estimate & Summary Sheets
Design & Check Quantity Calculations
AECOM will address review comments from previous submittals. Details will be refined to incorporate re-
view comments and/or design modifications. AECOM will update design and check calculations. Structure
Special Provisions and marginal cost estimate will be finalized.
Deliverables: Retaining Wall Plans
Design Calculations
Check Calculations
Structure Special Provisions
Marginal Cost Estimate & Summary Sheets
Design & Check Quantity Calculations
Task 014-Bidding and Negotiations
AECOM will assist the City on responding to RFls during bidding phase of the Project. Task includes attend-
ance and participation at the pre-bid conference for construction.
Task 015 -Design Support During Construction
AECOM will assist City with civil related design changes through RFls or new design changes approved by the
City during construction. AECOM will continue to review RFls and submittals related to civil works during the
construction phase.
Fee estimate not to exceed $38,000 for this task.
Task 016 -Americans with Disabilities Act Funding
Caltrans must ensure that each new construction or rehabilitation project involves pedestrian facilities as part
of that project. ADA-required work accomplished as part of this project is Caltrans' responsibility under federal
and State ADA laws and regulations and does not count toward fulfillment of the annual commitment. AECOM
AECOM
152
Exhibit B
October 2014
will create separate exhibits and cost estimates to target additional project funding through the Annual
Commitment from the State Highway Operation and Protection Program. All work will be in parallel with design
work and will not delay the project schedule.
Task 017 -Design Feasibility
As first order of work, AECOM will look into the design feasibility for constructing a raised center median within
the study area. Task hours include a design standard risk assessment, added construction cost and right of
way impacts, preliminary sketches for Public Works approval and timeline for design approval.
At the same time, AECOM will study the feasibility of widening the intersection of Moorpark Avenue and Los
Angeles Avenue to accommodate and dual left tum lane onto southbound Moorpark Avenue. Task hours
include a design standard risk assessment, added construction cost and right of way impacts, preliminary
sketches and timeline for design approval.
Optional Work
PS&E Design work for raised center median will consist of Caltrans coordination for approval of design
exceptions due to proposed work. Additional ground survey shall be provided to capture the existing median
paint and through traffic lane line. The following disciplines would be responsible for advancing PS&E design
for Caltrans approval: Civil, Drainage, Landscaping, Irrigation, Utility, and Traffic Signal. Hours provided also
include time to update temporary construction easements, proposed right of way lines, and plat and legal
maps.
Once the widening the intersection of Moorpark Avenue and Los Angeles Avenue to accommodate and dual
left turn lane onto southbound Moorpark Avenue is determined feasible and optional work is approved by the
City, AECOM will advance the PS&E design. Task hours include revising any environmental documents for
design revision consistency, modification of the traffic signal analysis and plans and updating all discipline
PS&E levels to reflect the new design configuration. Hours provided also include time to update temporary
construction easements, proposed right of way lines, and plat and legal maps that were not previously
impacted by the current design.
Task Assumptions
Supplemental Engineering Services
The City will provide Right of Way services such as acquisitions and minimum value estimates. September
2010 plan set for the Route 118 plans from Moorpark Avenue to 0.08 miles East of Spring Road
incorporate the latest as-built improvements that occurred after 2002 and were not reflected on previous
design topography and plans.
Geotechnical data submitted to the City by Fugro West Inc. submitted in 2010, will be used as reference for
laboratory data and the associated exploration location maps, summary of soil and groundwater conditions,
geotechnical recommendations, seismic setting and potential geohazards, and earthwork and excavation
recommendations. No additional report is included in the attached scope of work or fee estimate.
AECOM
153
Exhibit 8
October 2014
Ground survey does not include underground utility search or data between the outside lane lines. Ground
survey is for proposed improvements will extend ten to fifteen feet beyond the existing right of way as
shown in the project plans dated September 10, 2010.
The City's ROW services consultant is responsible for providing AECOM with title reports needed for each
for new acquisition.
Consistent with the professional standard of care, and unless specifically provided herein, AECOM shall be
entitled to rely upon the accuracy of data and information provided by City or others without independent
review or evaluation.
Any Opinion of the Construction Cost prepared by AECOM represents its judgment as a
design professional and is supplied for the general guidance of City. Since AECOM has no control over
the cost of labor and material, or over competitive bidding or market conditions, AECOM does not
guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City.
City agrees that in accordance with generally accepted construction practices, the construction contractor
will be required to assume sole and complete responsibility for job site conditions during the course of
construction of the Project, including safety of all persons and property, and that this requirement shall be
made to apply continuously and not be limited to normal working hours. AECOM shall not have control
over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences
or procedures, as these are solely the responsibility of the construction contractor. AECOM shall not have
the authority to stop or reject the work of the construction contractor.
City will include in the general conditions of any construction contract, language which states that the con-
struction contractor is required to hold harmless and defend the City, AECOM, and their agents, employees
and consultants, from all suits and actions.
Fee estimate for landscape and irrigation work is for study areas showing in task 010 in the scope of work.
Fee does not include and landscape or irrigation work within the medians.
Time scheduled is based on all proposed tasks being covered under the existing environmental document
for the Study area. Additional time and expenses for Caltrans coordination/ approval for environmental
document changes are not included in this fee estimate.
TIME SCHEDULE
Supplemental Engineering Services
After the City's Notice to Proceed, the final design will commence. The final design tasks will require an
eighth month period for Caltrans preliminary engineering E-76 approval. AECOM will provide monthly
updates to schedule of task completion with dates for submittals of deliverables.
A:COM
154
I. FEES
FEES AND PAYMENT
Supplemental Engineering Services
ExhibitB
October 2014
A. City shall compensate AECOM as described in the Task Cost Report labeled Supplemental Engineering
Services in an amount not to exceed $604,079.
A copy of the hourly rate schedule and fee estimate is attached as Exhibit C.
II. PAYMENTS
A. Agency will make payments to AECOM as follows:
Progress payments will be made monthly on presentation of an invoice showing personnel time records
for work actually completed at the rates shown in Exhibit C.
EXTENSION OF CONTRACT TIME
Supplemental Engineering Services
The time of completion of this agreement is hereby extended to July 15, 2016.
AS'COM
155
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fo
r
61
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s
:
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5
Tu
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pr
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Up
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r
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20
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3.
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r
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a
l
To
p
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Gr
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Su
r
v
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y
35
da
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s
:
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11
/
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4
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i
1/
9
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Up
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To
p
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g
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11
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12
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12
/
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4.
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Co
o
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10
1
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/
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4/
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3
/
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5
~
Ut
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y
In
f
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Re
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In
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Tr
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23
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11
/
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Up
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16
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t
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g
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da
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:
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3/
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7
/
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5
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4/
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3
/
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5
17
Pr
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s
e
d
Ut
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Re
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Co
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d
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t
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n
20
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1
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5
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2/
6
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1
5
18
5.
0
Up
d
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t
e
Ro
a
d
w
a
y
Pl
a
n
s
12
3
da
y
s
Mo
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1/
1
2
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5
We
d
7/
1
/
1
5
19
Pr
e
p
a
r
e
65
%
Su
b
m
i
t
t
a
l
20
da
y
s
1
Mo
n
1/
1
2
/
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5
Fr
i
2/
6
/
1
5
20
65
%
Su
b
m
i
t
t
a
l
1
da
y
'
Mo
n
2/
9
/
1
5
Mo
n
2/
9
/
1
5
21
Ci
t
y
an
d
Ca
l
t
r
a
n
s
Re
v
i
e
w
Pe
r
i
o
d
25
da
y
s
!
Tu
e
2/
1
0
/
1
5
Mo
n
3/
1
6
/
1
5
22
Pr
e
p
a
r
e
90
%
Su
b
m
i
t
t
a
l
15
da
y
s
,
Tu
e
3/
1
7
/
1
5
Mo
n
4
/
6
/
1
5
23
90
%
Su
b
m
i
t
t
a
l
1
da
y
Tu
e
4
/
7
/
1
5
Tu
e
4
/
7
/
1
5
24
Ci
t
y
an
d
Ca
l
t
r
a
n
s
Re
v
i
e
w
Pe
r
i
o
d
25
da
y
s
:
We
d
4/
8
/
1
5
Tu
e
5/
1
2
/
1
5
25
Pr
e
p
a
r
e
10
0
%
Su
b
m
i
t
t
a
l
15
da
y
s
We
d
5/
1
3
/
1
5
Tu
e
6/
2
/
1
5
26
10
0
%
Su
b
m
i
t
t
a
l
1
da
y
'
We
d
6/
3
/
1
5
We
d
6/
3
/
1
5
27
Ci
t
y
an
d
Ca
l
t
r
a
n
s
Pl
a
n
Ap
p
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v
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l
Co
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r
d
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n
a
t
i
o
n
20
da
y
s
;
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u
6/
4
/
1
5
We
d
7/
1
/
1
5
28
6.
0
Up
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a
t
e
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d
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e
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s
10
2
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s
1
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n
1/
1
2
/
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5
!
Tu
e
6/
2
1
1
5
29
65
%
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m
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t
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l
Pr
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p
20
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2
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5
'
Fr
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5
30
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%
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b
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t
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l
Pr
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p
15
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s
Tu
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1
7
/
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5
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n
4/
6
/
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5
31
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0
%
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t
t
a
l
Pr
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p
15
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1
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2
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Up
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1
2
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2
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5
33
·~
65
%
Su
b
m
i
t
t
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l
Pr
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p
20
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s
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2
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l
j
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%
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b
m
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t
a
l
Pr
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p
15
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s
i
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7
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6
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5
3
5
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10
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%
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b
m
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t
t
a
l
Pr
e
p
15
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1
3
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2
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8.
0
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l
t
r
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p
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v
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l
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u
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37
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m
p
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t
e
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r
m
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r
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p
r
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v
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l
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s
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u
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2
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d
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8
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38
Ca
l
t
r
a
n
s
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r
d
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n
a
t
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n
10
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s
:
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u
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2
2
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39
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p
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v
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l
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y
;
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u
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3
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t
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.
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41
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p
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c
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43
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51
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n
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4
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52
Re
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t
e
In
v
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20
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s
:
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n
11
/
2
4
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1
4
Fr
i
12
/
1
9
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1
4
53
Pr
e
p
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g
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7/
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55
Pr
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p
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t
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20
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2
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2/
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5
Mo
n
2/
9
/
1
5
57
Ci
t
y
an
d
Ca
l
t
r
a
n
s
Re
v
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w
Pe
r
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o
d
25
da
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s
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e
2/
1
0
/
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5
Mo
n
3/
1
6
/
1
5
58
Pr
e
p
a
r
e
In
i
t
i
a
l
PS
&
E
15
da
y
s
:
Tu
e
3/
1
7
/
1
5
.
Mo
n
4/
6
/
1
5
59
Su
b
m
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t
In
i
t
i
a
l
PS
&
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1
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y
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Tu
e
4
/
7
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5
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e
4/
7
/
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5
60
Ci
t
y
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d
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l
t
r
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159
Los Angeles Avenue (Route 118) Widening
City of Moorpark
AECOM Engineering:
CLASSIFICATION
Principal-in-charge
Project Manager
Technical Leader II
Technical Leader
Project Engineer II
Project Engineer I
Engineer IV
Engineer Ill
. Engineer 11
Engineer I
Senior CADD Operator
CADD Operator
Administrative Assistant
Intern
Mil age
HOURLY BILL RATE
$325
$240
$235
$200
$180
$160
$150
$125
$105
$90
$120
$80
$70
$45
$ 0.56/mile
Exhibit C
160
Attachment 2
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2014/15 BUDGET TO APPROPRIATE FUNDS FROM LA AOC
FUND (2501) FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE LOS ANGELES AVENUE WIDENING
BETWEEN MOORPARK AVENUE AND SPRING ROAD,
PROJECT 8013
WHEREAS, on June 18, 2014, the City Council adopted the Operating and
Capital Improvements Projects budget for Fiscal Year 2014/2015; and
WHEREAS, a staff report has been presented to the City Council describing the
need for engineering services and requesting a budget adjustment to appropriate
$547, 177.99 from LA AOC Fund (2501 ); and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the aggregate increase of
$547, 177.99 as more particularly described in Exhibit "A", 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 5th day of November, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit 'A': Appropriation and Budget Detail
S:\Public Works\Everyone\Reports\Staff Reports\2014\November\11-5-2014 (AECOM Agreement Budget Amend. Reso).doc 161
Resolution No. 2014 ----
EXHIBIT "A"
BUDGET AMENDMENT FOR
LA AOC FUND (2501)
TO APPROPRIATE FUNDING FOR PROFESSIONAL ENGINEERING
SERVICES FOR LOS ANGELES AVENUE WIDENING BETWEEN
MOORPARK AVENUE AND SPRING ROAD PROJECT 8013
FY 2014-2015
FUND ALLOCATION FROM:
Fund Account Number Amount
LA AOC 2501-5500 $ 547, 177.99
Total $ 547, 177.99
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget* Revision Amended Budget
2501.8310.8013.9601 $ 56,901.01 $ 547, 177.99 $ 604,079.00
2501.8310.8013.9610 $ 1 , 154' 7 5 7. 34 $ 1, 154, 757.34
2501.8310.8013.9640 $ 329,500.00 $ 329,500.00
2501.8310.8013.9650 $ 93,534.00 $ 93,534.00
2501.8310.8013.9820 $ (1,560.00) $ (1,560.00)
2604.8310.8013.9640 $ 796,770.00 $ 796,770.00
Total $ 2,429,902.35 $ 547, 177.99 $ 2,977,080.34
* Reflects the FY 13/14 roll-over of remaining project appropriations.
-,,. / _) n/·i·; /\ ~-/'.1-'"'1
Finance Approval: -::17l '., .1'():i. _.~ , 11
._../
S:\Public Works\Everyone\Reports\Staff Reports\2014\November\11-5-2014 (AECOM Agreement Budget Amend. Exhibit A)
162