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HomeMy WebLinkAboutAGENDA REPORT 2016 0203 CCSA REG ITEM 10DITEM 10.D. CITY OF MOORPARK, CALIFORNIA City Councii Meeting of d. .,., ~ .,., ~ o , l, ACTION:~~~~ MOORPARK CITY COUNCIL ~ ':3,~~ AGENDA REPORT ev. ____ ....... _....1.-L.L~~--=;._ __ TO: FROM: DATE: SUBJECT: Honorable City Council ~i Ron Coons, Interim Public Works Director (_~ Prepared by: Shaun Kroes, Program Manag~ January 22, 2016 (CC Meeting of 02103/16) Consider Agreement with Phoenix Civil Engineering, Inc., for Design of the Metrolink Station North Parking Lot Expansion Design, and Resolution Amending the Fiscal Year 2015/16 Budget BACKGROUND AND DISCUSSION Capital Improvement Program Project No. 8063 (GIP 8063) is for the expansion of the Metrolink Station North Parking Lot, owned by the Ventura County Transportation Commission (VCTC) and westward onto property owned by the City of Moorpark. In July, 2013, the City received $317,000.00 in Proposition 18 funding for the expansion project. Staff provided a scope of work and received a proposal from Phoenix Civil Engineering, Inc. (Phoenix), for the design of the Metrolink Station North Parking Lot expansion. The design includes expanding the North Parking Lot westward approximately 150 feet, adding approximately 18,000 square feet to the existing parking lot. The design will include both parking stalls as well as pedestrian access connecting the Metrolink Station to High Street. Phoenix's proposal also includes consideration for improvements to the existing Metrolink North Parking Lot for pavement improvements and post construction stormwater retention as well as designing proposed bus turnouts on the north and south side of High Street near the Metrolink Station. In addition to the expansion westward, the City will have the option of requesting Phoenix to design additional parking lot improvements on the former Pacific Pride property, located east of the Metrolink North Parking Lot. FISCAL IMPACT Phoenix's proposal includes $51, 124 for design of the Metrolink North Parking Lot improvements and expansion as well as the two bus turn outs. The proposal includes an S:IPublic Works\Everyone\Reports\Staff Reportsl2016\2_Februaryl02-03-16 (Metrolink North Parking Lot Design).doc 70 Honorable City Council February 3, 2016 Page2 optional $8,778.00 for designing a parking lot on the former Pacific Pride property. Staff is also proposing a 10% contingency of $5,990.00 for a total not to exceed amount of $65,892.00. The current GIP 8063 Budget includes: Expense Line 2611.8510.8063.9601 2611.8510.8063.9640 2611.8510.8063.9650 Description Design/Engineering Construction/of Streets Construction Inspection Total FY 15/16 Budget $ 31,700.00 $ 270,337.00 $ 15,000.00 $ 317,037.00 Phoenix's scope of services goes beyond the original grant proposal. Staff is requesting that City Council approve a Budget Amendment in the amount of $60,000.00 for Design/Engineering using Traffic Systems Management Fund (2001) to cover both the remaining costs for Phoenix as well as provide additional funding for a landscape architect, if it is required. If at the end of the project Prop 1 B Local Streets & Roads Fund (2611) is available the City can reimburse Fund 2001 for any design expenditures that can be attributed to the grant's scope of work. The revised GIP 8063 Budget would be: FY 15/16 Requested FY 15/16 Expense Line Description Budget Current Revision Budget Revised 2001.8510.8063.9601 Design $ $ 60,000.00 $ 60,000.00 2611.8510.8063.9601 Design $ 31,700.00 $ 31,700.00 2611.8510.8063.9640 Construction $ 270,337.00 $ 270,337.00 2611.8510.8063.9640 Inspection $ 15,000.00 $ 15,000.00 Total $ 317,037.00 $ 60,000.00 $ 377,037.00 STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Award Professional Services Agreement to Phoenix Civil Engineering, Inc., and authorize the City Manager to execute the Agreement in the amount of $59,902.00, with $8,778.00 for optional design work on the Pacific Pride parcel, plus a contingency of $5,990.00 for a total not to exceed amount of $65,892.00, subject to final language approval by the City Manager and City Attorney. 2. Adopt Resolution No. 2016-__ amending the Fiscal Year 2015/16 Budget to appropriate $60,000.00 from Traffic Systems Management Fund (2001) for design costs for the subject project. Attachments: 1. Phoenix Professional Services Agreement 2. Resolution 2016- 71 Attachment 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC. FOR METROLINK STATION NORTH PARKING LOT EXPANSION DESIGN THIS AGREEMENT, is made and effective as of this day of _________ , 2016, between the City of Moorpark, a municipal corporation ("City") and Phoenix Civil Engineering, Inc., a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for engineering design services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated January 18, 2016. which is attached hereto as Exhibit C. 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 C, 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 C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. 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 fifty-nine thousand nine hundred two dollars ($59,902.00), including eight thousand seven hundred seventy-eight dollars ($8,778.00) for optional design work on the Pacific Pride parcel, plus a ten percent (10%) contingency in the amount of five thousand nine hundred ninety dollars ($5,990.00) for a total contract value of sixty-five thousand eight hundred ninety-two dollars ($65,892.00) 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. 72 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 Jon Turner, 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 a total contract value of fifty-nine thousand nine hundred two dollars ($59,902.00), including eight thousand seven hundred seventy-eigh~ dollars ($8,778.00) for optional design work on the Pacific Pride parcel, plus a ten percent (10%) contingency in the amount of five thousand nine hundred ninety dollars ($5,990.00) for a total contract value of sixty-five thousand eight hundred ninety-two dollars ($65,892.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. 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 Phoenix Civil Engineering, Inc. Page 2 of 16 73 shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSUL TANT The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have 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. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one hundred twenty-five dollars ($125.00) per day for each calendar day the work, or portion Phoenix Civil Engineering, Inc. Page 3 of 16 74 thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City's designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal 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 Phoenix Civil Engineering, Inc. Page 4of16 75 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 waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant Phoenix Civil Engineering, Inc. Page 5 of 16 76 for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, in.eluding but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. Phoenix Civil Engineering, Inc. Page 6 of 16 77 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Jon Turner, President 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. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. Phoenix Civil Engineering, Inc. Page 7 of 16 78 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys' fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. Phoenix Civil Engineering, Inc. Page 8 of 16 79 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant's Proposal. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any prov1s1on of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant' and has the authority to bind Consultant to the performance of obligations hereunder. Phoenix Civil Engineering, Inc. Page 9 of 16 80 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. By: ___________ _ By: ____________ _ Steven Kueny, City Manager Jon Turner, President Attest: Maureen Benson, City Clerk Phoenix Civil Engineering, Inc. Page 10of16 81 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 Phoenix Civil Engineering, Inc. Page 11of16 82 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 A.M. Bests rating of A-or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. Phoenix Civil Engineering, Inc. Page 12 of 16 83 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. Phoenix Civil Engineering, Inc. Page 13 of 16 84 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 Phoenix Civil Engineering, Inc. Page 14 of 16 85 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, Inc. Page 15of16 86 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code §7550) applies. Government Code §7550 reads: "(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports." For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000? X Yes D No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 65,892.00 2. Dollar amount of Subcontract: $ ----- 3. Does the total contract amount represent compensation for multiple documents or written reports? X Yes D No I have read the foregoing Code section and will comply with Government Code §7550. Phoenix Civil Engineering, Inc. Jon Turner, President Date Phoenix Civil Engineering, Inc. Page 16 of 16 87 Phoenix Civil Engineering, Inc. 4532 Telephone Rood, Ste. 113 Ventura, Co 93003 805.658.6800 info19•phoenixcivil.com www.phoenixcivil.com Exhibit C Mr. Shaun Kroes City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 October 21, 2015 REVISED January 18, 2016 City of Moorpark -Metrolink Station Parking Lot Expansion Design-Revised Proposal for Engineering Services Dear Shaun- I am pleased to provide you with this revised proposal for engineering services associated with the Metrolink Station Parking Lot Expansion Design project. Per our discussions, there are two sites that are currently being considered for redevelopment to provide additional parking spaces for the nearby Metro link Station. These sites include: a portion of the vacant lot west of the existing parking lot on East High Street and the fonner site of the Pacific Pride Station (east of the Kahoots parcel). Additionally, conceptual consideration will be included for the existing parking lot (pavement improvements/post construction BMPs). In preparing this proposal, the Pacific Pride parcel is listed as an optional task that can be authorized by the City if they decide to move forward with the design. Topographic survey and geotechnical site infonnation will still be obtained along with the other sites. Two bus turnout locations will be identified (north side and south side of High Street) and designed. As part of this project, the design will be split into a conceptual planning phase and a design phase. In the conceptual planning phase, several options for the development of these three sites and an opinion of probable construction cost (OPCC) for each of these options will be prepared. As part of the conceptual phase, a topographic survey and a preliminary geotechnical study will be performed and their findings will be incorporated into the options. Once the City has determined their preferred option the design phase wiJJ commence. Based on our conversations and my review of the sites, I have prepared my proposal to include the following: Phase 1: Conceptual Planning Task lOl: Task 102: Task 103: Task 104: Task 105: Task 106: Topographic Survey Preliminary Geotechnical Investigation 50% Concept Design Options and OPCC Preparation 50% Concept Design Option and OPCC Preparation (Pacific Pride parcel) -(Optional Task) Final Concept Options and OPCC Deliverable Final Concept Options and OPCC Deliverable (Pacific Pride parcel) -(Optional Task) Phase 2: Design Task 201: Task202: Task 203: Task204: Final Geotechnical Study 75% Plans and Specifications Preparation 75% Plans and Specifications Preparation (Pacific Pride)-Optional Task Preparation of Hydrology and Hydraulics Report 88 Mr. Shaun Kroes October 21, 2015 REVISED January 18, 2016 Task205: Task206: Task207: Final Plans and Specifications Preparation Final Plans and Specifications Preparation (Pacific Pride)-Optional Task Bid Phase Services 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 rale sheel along with a fee schedule detailed by task. Our scope of work covers conceptual planning and design services only and does not include permit or design assistance during construction services. No landscape architecture services are included. We assumed thatJbe-Qty will prepare the SWPPP for the project if one is required. We can provide these services if ,.J-equested. \ 1 ( Please let me\now if ou h~ve any quesrions o' would like l-0 discuss my proposal. I / I ; \ Sincer~ly 1 '-, fort Tum Pr"nCipal Eng'ineer I 2 of2 ' • ' -,~.~-~-· -~ •. J •• ~.·· •• -. 89 Scope of Services Background/Project Understanding October 21, 2015 Revised January 18, 2016 The City of Moorpark is investigating the possibility of improving the existing north parking lot areas serving the Metrolink station. The City has obtained grant funding for the project. Per our discussions, there are two sites that are currently being considered for redevelopment to provide additional parking spaces for the nearby Metrolink Station. These sites include: a portion of the vacant lot west of the existing parking lot on East High Street (approximately 18,000 sf) and the former site of the Pacific Pride Station (east of the Kahoots parcel which is approximately 23,000 sf). Additionally, conceptual consideration will be included for the existing parking lot which is approximately 31,800 sf (pavement improvements/post construction BMPs). In preparing this proposal, the Pacific Pride parcel is listed as an optional task that can be authorized by the City if they decide to move forward with the design. Topographic survey and geotechnical site information will still be obtained along with the other sites. Two bus turnout locations will be identified (north side and south side of High Street) and designed. As part of this project, the design will be split into a conceptual planning phase and a design phase. In the conceptual planning phase, several options for the development of these three sites and an opinion of probable construction cost (OPCC) for each of these options will be prepared. As part of the conceptual phase, a topographic survey and a preliminary geotechnical study will be performed and their findings will be incorporated into the options. Once the City has determined their preferred option the design phase will commence. Based on our conversations and my review of the sites, I have prepared my proposal to include the following: Phase 1: Conceptual Planning Task 101: Topographic Survey Benner and Carpenter, as a subconsultant to Phoenix Civil Engineering, will perform topographic ground survey of the west vacant site adjacent to the existing parking lot. This survey will include documenting the locations of the parking spot striping in the existing lot. For the conceptual planning of the eastern potential lot site, the City provided ALT A survey will be used as a base map and boundary reference. Ground topographic survey will be performed on that site. The following efforts are included in this task: • Ground topographic surveying of the proposed parking lot sites and existing lot. • Incorporation of the City provided ALTA document for the eastern site. Deliverable: No deliverable is associated with this task. Information gathered in this task will be used in Tasks 103 through 104. Task 102: Preliminary Geotechnical Investigation Oakridge Geoscience, as a subconsultant to Phoenix Civil Engineering, will perform hand augering at three locations and bore hole drilling of one exploratory excavation in order to obtain insitu samples of the underlying soil geologic/geotechnical parameters and to determine ifthe groundwater is greater than 10 feet below the surface. The material gathered will be tested in a laboratory and a letter report will be prepared outlining the recommendations for the design and construction of the parking lot pavement and post construction BMPs. Infiltration testing will also be performed in accordance with the County of Ventura Technical Guidance Manual parameters. It is assumed that the necessary encroachment permits will be provided to the design team at no cost. The following efforts are included in this task: Pagel of 6 90 October 21, 2015 Revised January 18, 2016 • Three hand auger and one hollow stem auger excavation at three locations in the proposed parking lot areas to obtain soil samples for laboratory testing. The hollow stem auger excavation will be approximately 20 feet deep. At this time, the testing will be focused in the vacant lot west of the existing parking lot, but if the optional task associated with the Pacific Pride lot is authorized, one of the test locations will be in that area. • Sampling of the subsurface soil material. • Infiltration testing of one of the boring locations in accordance with the County of Ventura Technical Guidance Manual. • Geotechnical evaluation and letter report preparation outlining the recommendations for pavement design, construction parameters and infiltration rates to be used in designing the post construction BMPs. Deliverable: No deliverable is associated with this task. Information gathered in this task will be used in the design of the parking lot scope of work and completion of the conceptual layouts. Task 103: 50% Concept Design Options and OPCC Preparation After completion of Task 102, three options will be prepared for the development and improvement of the two sites (existing parking lot and the portion of the vacant lot west of the existing parking lot). The City has decided to include the Pacific Pride lot as part of an optional task (Task l 04 ). These options will incorporate different phasing, design, and layout options. There is an existing bus stop on High Street and the City has expressed interest in modifying it to be a bus turnout as well as adding a bus turnout on the north side of High Street at a location near the existing parking lot. Lastly, an engineer's opinion of probable construction cost (OPCC) will be prepared for the proposed three concept layout options. The layout options to be considered are: a) Two lots with some angled parking at the west end of the parking lot (angled parking on High Street). b) The north Metro link parking lot and lot west of the north Metro link parking lot. c) The north Metro link parking lot and lot west of the north Metro link parking lot with angled parking (as described in b above). Additionally, consideration will be given to modifying the parking lot front entrance to incorporate a more inviting station impression. The following efforts are included in this task: • Development of three conceptual layout options for City review. • Development of the two conceptual bus turnouts on High Street. • Preparation ofOPCCs for each concept layout. Deliverable: Three (3) l lxl 7 sets of the proposed design options and OPCCs will be provided to the City for their review. One electronic copy of the project deliverables package (.pdt) will be provided. Task 104: 50% Concept Design Options and OPCC Preparation (Pacific Pride) -Optional Task This optional task will prepare up to two layouts for the development and improvement of the Pacific Pride site. These options will incorporate different phasing, design, and layout options. Similar to the other options, an engineer's opinion of probable construction cost (OPCC) will be prepared for the proposed concept layout option. The layout option to be considered are: a) The Pacific Pride parking lot east of the north Metrolink parking lot (two different layouts). The following efforts are included in this task: • Development of two conceptual layout options for City review. Page 2 of6 91 • Preparation of an OPCC for the concept layout. October 21, 2015 Revised January 18, 2016 Deliverable: Three (3) l lxl 7 sets of the proposed design options and OPCCs will be provided to the City for their review. One electronic copy of the project deliverables package (.pdf) will be provided. Task 105: Final Concept Options and OPCC Deliverable Once the City review comments have been received relating to the 50% concept deliverable package, the concept options and OPCCs will be finalized, incorporating the review comments. The following efforts are included in this task: • Incorporation of City review comments on the final deliverable package into the Contract Documents. • Finalization of concept options and OPCCs. Deliverable: Three (3) llxl7 sets of the fmal concept options and OPCCs will be provided to the City. One electronic copy of the project deliverables package will be provided. Task 106: Final Concept Options and OPCC Deliverable (Pacific Pride) -Optional Task This task is associated with the optional Pacific Pride parcel. If authorized, once the City review comments have been received relating to the 50% concept deliverable package, the concept options and OPCCs will be fmalized, incorporating the review comments. The following efforts are included in this task: • Incorporation of City review comments on the fmal deliverable package into the Contract Documents. • Finalization of concept options and OPCCs. Deliverable: Three (3) llxl 7 sets of the fmal concept options and OPCCs will be provided to the City. One electronic copy of the project deliverables package will be provided. Phase 2: Design Task 201: Final Geotechnical Study Oakridge Geoscience, Inc., as a subconsultant to Phoenix will utilize the previously obtained site soil materials to complete the final geotechnical design parameters recommendation report. The following efforts are included in this task: • Finalize laboratory information and sampling investigation. • Preparation of a fmal project specific geotechnical recommendations report. Deliverable: One electronic copy (.pdf) of the draft recommendation report will be provided to the City for their review comments. Once the comments are received and incorporated, two bound paper copies of the fmal geotechnical recommendation report will be provided to the City for their files. Information gathered in this task will be used in Tasks 202 through 203. Task 202: 75% Plans and Specifications Preparation This task involves preparation of project plans in accordance with City format/guidelines and project technical specifications. The City plan sheet border will be provided for incorporation into the plans. It is anticipated that the project plans will consist of the following sheets: • Title Sheet • Notes and Abbreviations • Grading and Drainage Sheets Page 3of6 92 • Site Layout Sheets • Detail Sheets October 21, 2015 Revised January 18, 2016 In addition, project technical specifications will be prepared for this project. The technical specifications will be in CSI format. Project front end documents will be provided by the City. The following efforts are included in this task: • Incorporation of data gathered as part of pre-design onto project plans sheets. • Preparation of plan set, specifications and OPCC to a 75% level. Deliverable: 75% level plans and technical specifications will be prepared. One set of 11 x 17 plans and project technical specifications will be provided electronically (.pdf) to the City for their internal review. Task 203: 75% Plans and Specifications Preparation (Pacific Pride) -Optional Task This optional task involves preparation of project plans in accordance with City format/guidelines and project technical specifications associated solely with the Pacific Pride parcel. The City plan sheet border will be provided for incorporation into the plans. It is anticipated that the project plans will consist of the following sheets that will be incorporated into the project plan set prepared as part of Task 202: • Grading and Drainage Sheets • Site Layout Sheets • Detail Sheets In addition, project technical specifications will be prepared for this project. The technical specifications will be prepared as part of Task 202. The following efforts are included in this task: • Incorporation of Pacific Pride parcel layout into remaining project plan sheets. • Preparation of plan set and OPCC to a 75% level. Deliverable: 75% level plans will be prepared. One set of 11 x 17 plans will be provided electronically (.pdf) as part of the deliverable in Task 202 to the City for their internal review. Task 204: Preparation of Hydrology and Hydraulics Report This report will supplement the final design plans. In addition to general revisions of text and tables according to design changes or modifications, the report should include: • BMP sizing will be performed based on the infiltration options available (based on the geotechnical testing). • Map of applicable drainage areas (to be created from the project topographic surveying) • Calculations showing flows per parking lot area. Deliverable: At the 75% design deliverable stage, an electronic (.pdf) copy of the report will be provided as well as one bound paper copy with all attachments. At the final (100%) stage, one electronic format (.pdf) copy (signed/stamped with all attachments) will be provided as well as two (2) bound paper copies that are signed/stamped with all attachments. Page 4 of6 93 Task 205: Final Plans and Specifications Preparation October 21, 2015 Revised January 18, 2016 This task involves incorporation ofreview comments from the 75% level project documents. A final set of project plans, technical specifications and OPCC will be completed. The following efforts are included in this task: • Incorporation of City review comments from Task 202. • Finalization of any outstanding project items/issues. Deliverable: Final project documents (plans and technical specifications) will be delivered to the City. Final project plans will consist of one set of reproducible 22 x 34 bond plans and one set of 8.5 x 11 reproducible technical specifications. The OPCC will be transmitted electronically. In addition, one electronic copy of all of the documents will be provided on a-CD. Task 206: Final Plans and Specifications Preparation (Pacific Pride) -Optional Task This optional task involves incorporation of review comments from the 75% level project documents associated with the Pacific Pride parcel. A final set of project plans, technical specifications and OPCC will be completed. The following efforts are included in this task: • Incorporation of City review comments from Task 203. • Finalization of any outstanding project items/issues. Deliverable: Final project documents (plans and technical specifications) will be delivered to the City as part of the project deliverable in Task 205. Final project plans will consist of one set of reproducible 22 x 34 bond plans and one set of 8.5 x 11 reproducible technical specifications. The OPCC will be transmitted electronically. In addition, one electronic copy ofall of the documents will be provided on a CD. Task 207: Bid Phase Services This task will provide bid phase services to the City once the Contract Documents from Task 205 and 206 are approved. Bid phase services include reviewing and responding to requests for information, attendance and conducting a pre bid meeting/site visits on behalf of the City, reviewing construction bids and providing a recommendation of award to the City. Deliverable: Requests for information responses and the recommendation of award letter will be provided to the City for their files as well as one electronic copy of the files (MSWord and .pdf). Schedule The work associated with Tasks I 01 through 207 will be made a top priority. Every effort will be made to keep the project schedule moving along. Review times are anticipated to be one week. It is envisioned that the project Contract Documents can be prepared during the design phase within 8 weeks of the project Notice to Proceed (assuming one week review times). Fees Work associated with Tasks 101 through 207 is estimated to cost $59,902. The fee associated with the Pacific Pride parcel (Optional Tasks 104, 106, 203 and 206) is estimated to cost $8,778. A breakdown of the level of effort is listed below: TasklOI: Task 102: Task 103: Task 104: Topographic Survey Preliminary Geotechnical Investigation 50% Concept Design Options and OPCC Preparation 50% Concept Design Options and OPCC Preparation Page 5of6 $9,564 $8,135 $5,861 94 Task 105: Task 106: Task 201: Task 202: Task203: Task204: Task205: Task206: Task207: Assumptions Pacific Pride (Optional Task) Final Design options and OPCC Deliverable Final Design options and OPCC Deliverable Pacific Pride (Optional Task) Final Geotechnical Study 75% Plans and Specifications Preparation 75% Plans and Specifications Preparation Pacific Pride (Optional Task) Preparation of Hydrology and Hydraulics Report Final Plans and Specifications Preparation Final Plans and Specifications Preparation Pacific Pride (Optional Task) Bid Phase Services The following assumptions apply to this proposal: • All Public agency or project permit fees to be paid by client. October 21, 2015 Revised January 18, 2016 $2,946 $3,482 $1,798 $2,235 $6,051 $2,528 $6,880 $4,096 $1,506 $4,820 • Additional large format printing costs (beyond what included in this proposal) will be billed at cost in addition to the contract amount. • No structural engineering is included. This can be negotiated ifthe design plans add structures requiring this work. • City plan set title block and cover sheet example will be provided in AutoCAD. • Plan sheet size is 22 x 34. • No landscape architect services are included in the project. Landscape architecture services will be contracted directly with the City. Page 6of6 95 PHOENIX CIVIL ENGINEERING, INC Professional Services Hourly Rate Sheet Engineering CADD General Principal Engineer $155 Resident Engineer $135 Professional Engineer $130 Staff Engineer $120 Assistant Engineer $96 Senior Designer $116 Assistant Designer $85 Construction Manager $145 Construction Observer $100 Technical Assistant $68 Clerical/ Administrative Assistant $48 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. Phoenix Civil Engineering. Inc. 4532 Telephone Road. Suite 113 Ventura, CA 93003 805.658.6800 96 Attachment 2 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2015/16 BUDGET TO APPROPRIATE FUNDS FROM TRAFFIC SYSTEMS MANAGEMENT FUND (2001 ), FOR DESIGN SERVICES FOR THE METROLINK NORTH PARKING LOT EXPANSION (PROJECT 8063) WHEREAS, on June 6, 2013, the Ventura County Transportation Commission informed the City that Caltrans had awarded $1,091,000.00 in Fiscal Year 2012/13 Proposition 1 B Public Transportation Modernization, Improvement and Service Enhancement Account (PTMISEA); and WHEREAS, on July 17, 2013, a staff report was presented to City Council detailing that the PTMISEA allocation will be used to partially fund the expansion of the Metrolink North Parking Lot ($317,000.00) and to purchase two compressed natural gas public transit buses ($774,000.00); and WHEREAS, on June 17, 2015, the City Council adopted the Operating and Capital Improvements Projects budget for Fiscal Year 2015/16; and WHEREAS, the adopted budget included the Metrolink North Parking Lot Expansion Capital Improvement Project 8063 with a total appropriation of $317,037.00; and WHEREAS, a staff report has been presented to the City Council requesting a budget adjustment increase of $60,000 from Traffic Systems Management Fund (2001); 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 $60,000 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. S:\Public Works\Everyone\Reports\Staff Reports\2016\2_February\02-03-2016 (Metrolink North Parking Lot Budget Amendment).doc 97 Resolution No. 2015 -3451 Page2 PASSED AND ADOPTED this 3rd day of February, 2016. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail 98 Resolution No. 2015 ---- EXHIBIT "A" BUDGET AMENDMENT FOR TRAFFIC SYSTEMS MANAGEMENT FUND (2001) TO APPROPRIATE FUNDING FOR DESIGN OF METROLINK NORTH PARKING LOT EXPANSION PROJECT 8063 FY 2015-2016 FUND ALLOCATION FROM: Fund Account Number TRAFFIC SYSTEMS MANAGEMENT 2001-5500 $ Total $ DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Amount 60,000.00 60,000.00 Account Number Current Budget Revision Amended Budget 2001.8510.8063.9601 $ -$ 60,000.00 $ 60,000.00 2611.8510.8063.9601 $ 31,700.00 $ -$ 31,700.00 2611.8510.8063.9640 $ 270,337.00 $ -$ 270,337.00 2611.8510.8063.9650 $ 15,000.00 .$ -$ 15,000.00 Total $ 317,037.00 $ 60,000.00 $ 377,037.00 Finance Approval: :J{c Gn ~ S:\Public Works\Everyone\Reports\Staff Reports\2016\2_February\02-03-2016 (Metrolink North Lot CIP 8063 Budget Amend. Exhibit A) 99