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exceeding 75°F, long cool winters, a consistent marine influence and moderate to high
annual rainfall. Many native plant species utilized for landscape purposes outside their
natural range exhibit environmental stress conditions as climate, water availability and
soil conditions typically do not provide the optimum growing conditions required by
these trees and plants. Environmental stress eventually weakens their ability to resist
disease and opens the door for pathogens and other plant disorders. In 2011 the City
contracted with an arborist to prepare an arborist report and inspect the trees for
common pathogens, and evaluate the physical site conditions along the Tierra Rejada
Road corridor. The arborist report confirmed the presence of the fungal disease.
Seasonal rain and wind is responsible for dispersing the fungal spores and infecting
neighboring trees. Unfortunately, most trees infected with the canker eventually die and
at this time, a cure for this disease has not been identified. There are approximately
663 Coast Redwoods within the Tierra Rejada Road streetscape. To date, staff has
removed approximately 110 Coast Redwoods that have declined and has initiated a
replacement program consisting of Deodar Cedar (Cedrus deodara), Afghan Pine
(Pinus Eldarica), Western Redbud (Cercis occidentalis) and London Plane Trees
(Platanus x acerfolia Bloodgood').
On February, 19, 2014, staff prepared an agenda report in response to the on-going
drought conditions. The purpose of the report was to update the City Council regarding
staffs current and future work concerning irrigation water use and water conservation
efforts. Staff also discussed the need to develop a comprehensive plan to renovate all
of the landscaping on Tierra Rejada Road, including the slopes, parkways, and median
islands, with drought tolerant and California native plant material, or other low water use
alternatives. In 2013, staff had an opportunity to coordinate a landscaping project
consisting of native plant material on Tierra Rejada Road, within the property owned by
Southern California Edison (SCE), east of Walnut Creek Road. The result is a meadow
of native grasses and shrubs specifically chosen to compliment the meadow
appearance of the streetscape on Tierra Rejada Road. The California native plant
types established well, with minimal water and maintenance, and due to the success of
the project, the City Council approved funding for another 12,000 s.f. project along the
north side of Tierra Rejada Road, from the SCE property to Walnut Creek. The project
included the same plant types installed within the SCE property, which primarily
consists of Carex pansa (Meadow Sedge), a low growing bunch grass native to central
California, and Rhamnus Califomica (Coffee Berry), a mid-height shrub native to the
California foothill regions. The project also included a retrofit of the existing irrigation
system with low precipitation spray nozzles, the installation of bubblers at each of the
remaining healthy Sequoia trees to supplement their water needs and the installation of
drip irrigation within the parkway areas.
On February 4, 2015, the City Council approved funding to hire a landscape architect to
design the streetscape. Staff solicited the services of Architerra Design Group
(Architerra) to prepare a landscape master plan for the complete redesign of the Tierra
Rejada Road corridor. Architerra is the landscape architecture company that completed
the landscape architecture plans for the Walnut Acres Park project. They have
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extensive experience with streetscape design and landscape restoration projects and
have provided landscape architectural services for many cities and various water
agencies throughout Southern California. In addition, as a special consultant to the
design team, Architerra enlisted the assistance of Robert (Bob) Perry, of Perry and
Associates Collaborative (Perry and Associates). Bob Perry is a recognized expert in
the field of drought tolerant and California native planting design, as well as sustainable
landscape development. Bob Perry contributed to the project by providing input for
planting strategies during the site inventory, analysis and conceptual design phase.
The winter of 2015 was documented as the driest winter in California on record. On
April 1, 2015, Governor Brown signed Executive Order B-29-15 ("Order") which called
for the first ever statewide mandatory water reductions. The Order directs mandatory
water reductions of 25% statewide using 2013 water use as a baseline for reduction.
On May 6, 2015, the State Water Resources Control Board ("SWRCB") adopted
Emergency Regulations designed to carry out the requirements of the Order. The
Emergency Regulations set up tiers of water reduction under which the various urban
water suppliers must meet conservation standards in order to achieve the statewide
mandatory reduction target. Ventura County Waterworks District #1 (VCWWD), the City
of Moorpark's water supplier, is in conservation Tier 8, which calls for a 32% reduction
in potable water use. If VCWWD customers do not achieve the mandatory reduction
target set by the SWRCB, VCWWD will face large fines and penalties that would then
be passed down to the ratepayers, including the City, in the form of higher water rates.
In response to the mandatory reductions initiated by the SWRCB, the City Council
adopted the Drought Action Plan ("Plan"). The Plan outlines the various actions the City
should take to meet the State Water Resources Control Board (SWRCB) mandated
water conservation reduction target of 32%. The plan not only outlines how the City
should conserve water within City operations but also to promote water conservation
City-wide. Both components of the plan are critical to meet the water conservation
standard mandated by SWRCB. Action Item 2.B., Phase 2, calls for the re-design of the
landscape areas within City facilities and landscape maintenance districts to drought
tolerant or low water use plant palettes.
In addition, it should be noted that the adopted City of Moorpark Mission Statement,
Priorities, Goals, and Objectives for FY 2015/2016 and 2016/2017 contains several
departmental objectives that coincide with water conservation. The following objectives
are specific to the City Council's desire to meet the mandated reductions initiated by the
SWRCB, as well as develop a plan to renovate the Tierra Rejada Road streetscape:
IV.A.30 Develop a Water Conservation Policy and Implementation Plan to
meet mandatory water use restrictions for parks, facilities, and City
administered maintenance districts to include turf reduction,
changes to the Landscape Design Standards and Guidelines to
assist private efforts, and funding recommendations for City
activities by September 30, 2015
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V. A. 30. Develop design plan to refurbish median landscaping and hardscape
on Tierra Rejada Road from Spring Road to Los Angeles Avenue,
Campus Park Drive from Princeton Avenue to Collins Drive, and
Princeton Avenue from Condor Drive to Campus Park Drive
including cost estimates, financing, phasing and water conservation
measures by December 31, 2015
In order to reduce water use, and lessen the long-term impacts on the General Fund, it
will be necessary to implement significant changes to the overall streetscape design on
Tierra Rejada Road. Water rates continue to rise and it is uncertain to what degree
further water restrictions will be imposed on the City in the future. Severe reductions in
water use may ultimately limit our ability to maintain our urban forest and ornamental
landscape areas, particularly those landscape areas that require high to moderate
supplemental irrigation water. In addition, a long-term replacement plan for several of
the existing tree species will be necessary to maintain the tree canopy and aesthetic
value of the Tierra Rejada Road corridor.
DISCUSSION
The Tierra Rejada Road streetscape extends from Los Angeles Avenue (SR 118) to the
SR 23 freeway, and consists of approximately 2.8 miles of roadway. The median
islands on Tierra Rejada Road between the SR 23 freeway and Spring Road were
installed in 2006 and are not being considered with this project. The remaining 2.5
miles of streetscape, between Spring Road and the Arroyo Simi, consists of high water
use plant material, primarily Creeping Red Fescue (red fescue) (Festuca rubra) and
various California native and non-native tree species, such as California Sycamore
(Platanus racemosa), Coast Redwood (Sequoia sempervirens), European White Birch
(birch) (Betula pendula), Eucalyptus (Eucalyptus spp.), Sweet Gum (Liquidamber
styraciflua) and White Alder (Alnus rhombifolia). The median islands from Spring Road
to Courtney Lane generally consist of Gazania (Gazania spp.), a short lived non-native
perennial groundcover, and several trees species, such as California Sycamore
(Platanus racemosa), Canary Island Pine (Pinus canariensis) and Brisbane Box
(Lophostemon confertus). Several of the tree species within the Tierra Rejada Road
streetscape are declining for various reasons, and in addition to the high water use
nature of the streetscape design, many areas are in need of renovation.
The following observations and recommendations were provided by Perry and
Associates and are the basis for the proposed design and overall planting concept:
Topography and Aspect
1. The majority of the landscape plantings throughout this roadway corridor occur
on sloping or mounding topography. These circumstances lead to varying
moisture infiltration conditions and surface runoff by both rainwater and irrigation
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systems. Additionally, the same species of plants occur on both north facing and
south facing slope aspects that leads to different sun or shade conditions.
a. The health, vigor and scale of existing trees, shrubs and ground covers is
frequently better in swales and on flatter topography where infiltration of
irrigation and rainfall can achieve deeper and greater soil moisture
accumulation. Steeper slopes often experience greater runoff and less
moisture infiltration. Sunnier exposures can lead 15-20% more moisture
use by plants due to warmer conditions. These circumstances have
become more acute as the landscape has aged.
b. Narrow street-side planters and tree wells pose very difficult conditions for
successful tree growth due to limited root space and for efficient and
thorough irrigation. As a result, tree growth has beep inconsistent in size
and health. This observation also applies to trees growing in the center
median where the soil is mounded in the center and quickly sheds water
from rains or irrigation cycles. In such cases, trees do not receive
adequate water to grow to their natural potential size, and experience
moisture stress for longer periods of time throughout the year. In other
situations, some trees have become well established, but have outgrown
the limited planter space. In one stretch of this roadway, a series of 2'x 2'
street tree wells have been made, but are not planted. These wells should
be removed (filled in) and not planted due to the space limitations.
c. A careful study of the existing grades is recommended throughout this
roadway corridor. The purpose is to identify locations where there is
opportunity to regrade for the purpose of capturing and retaining moisture
for infiltration into the soil Our visit revealed a number of locations where
grades can be adjusted to greatly improve the capture and infiltration of
irrigation or rainfall water. This study should also identify unhealthy and
oversized trees for removal and replanting. Grading that can capture, hold
and infiltrate rainfall and irrigation water is the most important basis for
plant growth and efficient moisture management.
d. As a new planting program emerges, attention should be given to the
exposure and aspect conditions of the roadway location. Plants should be
matched based upon their adaptations to warmer and sunnier exposures,
or to cooler and shadier exposures.
e. A series of soil tests including core samples should be taken to get data
on the soil physical and chemical properties, as well as check for
sub grade moisture conditions. This testing should also provide the
framework for the installation of a system of soil moisture sensors to
enable ongoing management of soil moisture conditions.
Existing Planting Patterns and Species Types
2. The existing landscape planting shows signs of overcrowding, moisture stress,
age, and incompatibility with site conditions. This combination of conditions has
led to the emergence of the canker fungus among the Coast Redwood Trees,
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and to the inconsistent performance of the London Plane Tree and European
White Birch.
a. The extremely dense planting of trees throughout this corridor, particularly
Coast Redwood, had evolved into an ongoing state of overcrowding and
competition for resources. In terms of water use alone, the size and
density of the redwoods require greater volumes of water throughout the
year to sustain their foliage due to increased leaf surface area and
transpiration needs. This quickly leads to both short and long periods of
moisture stress when winter rains or supplemental irrigation is less than
needed. Overcrowding and insufficient moisture occurs throughout the
slope and median plantings along the corridor due to the density of plants.
Areas of intense heat and sun exposure on south facing slopes
exacerbate these conditions further.
b. Many species of plants are not well adapted to the landscape conditions
throughout this corridor, including the Coast Redwood, European White
Birch and Creeping Red Fescue. All of these species grow best with
generous amounts of water on a regular basis and in climate zones where
summer temperatures do not exceed 100°F, and where winters are
longer, cooler and moister than occurs in Moorpark. When young, these
plants appear to adapt to the climate conditions, but signs of stress,
disease and dieback occur with increasing age.
c. A new planting palette is recommended for replacement of the diseased,
declining and poorly performing trees throughout this corridor. This
palette should include a diverse range of species adapted to the soils,
climate and irrigation budget of Moorpark, additionally, these plants should
be placed to fit topographic conditions that impact soil moisture and sun
exposure...
The conceptual plans developed by Architerra incorporate a combination of California
native and drought tolerant plant species specifically chosen to complement the original
design intent of the Mountain Meadows Planned Community. However, it should be
noted that the proposed design does not consist of a blanket of green groundcover, but
instead consists of many different plant types and trees specifically chosen to increase
overall plant diversity and reduce water consumption. The plans incorporate pockets of
green groundcover and grasses to maintain the meadow concept, but also include plant
species of varying heights, colors and textures that provide both interest and long term
viability. The overall design concept is a natural landscape that complements the
mountains and foothill regions of southern California. It should also be noted that a
major component to the problems associated with the current streetscape concept is the
lack of plant diversity. Diversity increases natural sustainability and minimizes future
costs associated with replanting and recovery efforts when faced with disasters such as
environmental factors, pest or pathogens. It is difficult to predict if or when the next pest
or pathogen may be a factor in Moorpark, however, by providing a wide range of plant
species into the overall design, the long term impacts will generally be lessened.
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The plans also include the use of natural building material such as boulders and river
cobble. Where possible, bioswales have been incorporated into the landscape design
in an effort to capture stormwater runoff and provide areas for water to infiltrate back
into the aquifer. In addition, the plans will include water saving irrigation techniques,
such as the use of point irrigation and drip irrigation systems.
Option A (Attachment 2):
The design concept depicted in Option A reduces the overall landscape area in the
median islands by approximately 65% and reduces the landscape area on the large
slopes by approximately 40% to 50%. Emphasis is placed on the areas that are most
visible by passing vehicles, such as the lower slope areas, street intersections and
pathways. These areas will include enhanced landscaping typical of what would be
required of a new development project and include a high density of plant groupings in
order to achieve a diverse streetscape concept with color, texture and variety. Masses
of large spreading shrubs will be designed along the upper slope areas to provide a
buffer from neighboring homes and will exceed the minimum requirements for erosion
control measures. Water retention swales will be designed into the lower slope areas to
capture stormwater runoff. These areas will include perennial plants and grasses,
boulders, and river cobble to reduce the overall landscape area, add interest and
reduce water consumption. The median islands will include grouping of boulders and
perennial plantings, along with water retention swales with enhanced landscaping
where appropriate. The plans will include the installation of a drip irrigation system for
all new plant material and existing trees. Staff estimates a reduction in overall water
use by a minimum of 40% based on the type of plant material and changes to the
irrigation system, resulting in direct savings to the general fund of approximately
$32,548 annually. The plans also include enlarging the tree wells along Tierra Rejada
Road and the installation of small street trees.
Option B (Attachment 3):
The design concept depicted in Option B is a scaled down version of Option A and
includes a larger reduction of the overall landscaped area. The plans include a
reduction of landscape area in the median islands by approximately 90%, a 60% to 75%
reduction of landscape area on the slopes on the south side of Tierra Rejada Road and
a reduction of approximately 40% to 50% of the landscape area in the planters on the
north side of Tierra Rejada Road. As in Option A, the landscaped areas along the
lower slope areas, street intersections and parkways will include enhanced landscaping
typical of what would be required of new development projects. The landscaping will be
installed primarily along the street frontage, with larger spreading shrubs installed within
the background areas to provide a buffer from homes, property line walls and to meet
the minimum standards for erosion control. Staff estimates a reduction in overall water
use by a minimum of 50% based on the type of plant material and changes to the
irrigation system, resulting in direct savings to the general fund of approximately
$40,685 annually. However, Option B does not include the installation of the water
retention swales. The swales are not a requirement of the National Pollutant Discharge
Elimination System (NPDES) permit and were included in Option A as an opportunity to
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capture a portion of the available storm water runoff. However, since the retention
areas are not a requirement of the NPDES permit, the swales have been removed from
the plans to reduce project costs. However, the overall design intent will not be lost due
to the elimination of the swales, as certain landscape areas will include the addition of
boulders specifically designed to complement the overall streetscape concept. Staff
estimates that the elimination of the swales will reduce costs by approximately
$325,000. As in Option A, the plans also include the enlargement of the tree planters
adjacent to Tierra Rejada Road and the installation of small street trees.
Option C:
Option C is not depicted graphically in this report. It includes an overall reduction of
approximately 95% of the landscape areas and the installation of plant material only to
meet the minimum requirements for erosion control. The landscape material primarily
consists of bark mulch, large spreading shrubs on the slopes, and the installation of a
drip irrigation system for the new plant material and existing trees. Staff estimates a
reduction in overall water use by a minimum of 75% based on the type of plant material
and changes to the irrigation system, resulting in direct savings to the general fund of
approximately $61,000 annually.
The landscape concept for the median islands on Tierra Rejada Road between the
Arroyo Simi and Courtney Lane will be similar to the concept shown on the attached
plans and will be addressed when the working drawings are completed. In addition,
staff will work with the Moorpark Unified School District to maintain design consistency
along Tierra Rejada Road. The landscape plans will include the portion of streetscape
on the north side of Tierra Rejada Road, between Countrywood Drive and Mountain
Trail Street.
Staff recommends that the City Council approve the design concept shown in Option B.
However, staff recommends a hybrid and phased approach to the installation of this
work. Currently, the plant material on the south side of Tierra Rejada Road has been
able to sustain through the last couple years of drought and has only exhibited partial
dieback due to the water restrictions mandated by the State. Staffs efforts in
implementing the Drought Action Plan (DAP) that was approved by the City Council on
July 1, 2015 has yielded encouraging results. The results of several action items
identified in the DAP has enabled the City to reduce the City's operational water use in
the City Parks, facilities and landscape areas by approximately 52%. This comparison
was recently provided by Ventura County Water Works District No. 1 (VCWWD)
between the months of June through December 2015, and compared to the water use
during the same time period in 2013, as required by the State Water Resources Control
Board. A comparison of the City's total annual operational water usage between
calendar years 2013 and 2015 shows a 45.6% reduction in water use. The total annual .
water savings is equivalent to approximately 101,714 hundred acre feet (HCF), which is
equivalent to approximately 76,082,670 gallons of water saved. Therefore, staff
recommends maintaining the landscaping on the south side of Tierra Rejada Road 'as
is', primarily the large slope areas, and focus the City's efforts on the areas that have
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been severely impacted by the drought conditions, primarily the north side of the Tierra
Rejada Road and several highly visible locations that add a high degree of aesthetic
value to the overall streetscape, such as the street intersections and at monument
locations. In addition, the median islands will need to be renovated in order to eliminate
irrigation water runoff. As discussed in prior reports to the City Council, the traditional
spray irrigation system is inadequate, as the spray heads are not high enough to clear
the plant material. Staff recommends implementing the concept shown in Option B and
installing a drip irrigation system for new plant material and the existing trees.
It should be noted that staff will renovate or supplement landscape areas adjacent to
Tierra Rejada Road with a similar planting design to those shown in Option B if there is
a need in the future. One advantage of a drip irrigation system is the ability to modify
the irrigation system, with a minimal increase in water use, should there be a need to
renovate or supplement areas with additional plant material. For instance, there may be
a need to add plant material within the median islands to add visual interest, or increase
plant density adjacent to property lines to buffer certain properties. There may also be a
need to add plant material along the upper portions of the slopes adjacent to Tierra
Rejada Road in the future. Even though the slopes on the south side of Tierra Rejada
Road have survived the drought conditions, a portion of the upper slope areas have
exhibited partial dieback. This is primarily due to the fact that most of the irrigation
water travels down slope and the current watering restrictions have reduced the
watering window such that there is not enough time in the week to provide adequate
irrigation water to some of the upper slope areas.
Staff believes that the planting concept shown in Option B will provide for an
aesthetically pleasing streetscape design along the Tierra Rejada Road corridor and will
reduce overall water use by an additional 15% to 25%, resulting in a direct cost savings
of approximately $12,000 to $20,000 annually at current water rates. Staff recommends
contracting with Architerra to prepare construction drawings and specifications for this
work as shown in the phasing diagram in Attachment 4. Phase I includes the areas on
the north side of Tierra Rejada Road and street intersections. Phase II includes the
median islands. As mentioned previously, staff will monitor the areas on the south side
of Tierra Rejada Road and will add landscaping if needed in the future due to declining
plant material, primarily the upper slope areas. Architerra has provided staff with a
proposal of $78,493, which includes a 15% contingency, to complete this work. Staff
feels that the costs are appropriate and recommends amending the Agreement with
Architerra to complete the plans and specifications.
In addition to the overall streetscape concept, there is an immediate need to initiate a
plan to remove and replace the existing Coast Redwood trees. To date, staff has
removed 110 Coast Redwoods. There are approximately 553 Coast Redwoods
remaining along the Tierra Rejada Road corridor and as mentioned previously in this
report, there is currently not a cure for the canker disease that has infected the majority
of the trees. It is likely that the all of the trees will need to be removed and replaced
over the next several years. Staff has obtained bids for this work from several
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contractors and has determined that the total cost to remove all the Coast Redwoods is
$334,788. This work will be completed under normal maintenance procedures and will
be completed under the tree maintenance contract with the City's current tree trimming
company. The cost to replace the trees is approximately $155,808.
Staff recommends removing and replacing the Coast Redwoods over a three year
period. However, staff does not recommend replacing the trees with the same species,
spacing or density as currently installed. Some of the problems associated with the
trees are directly related to the dense planting throughout the corridor. The result of the
overcrowding is competition for resources, such as water and other vital nutrients
necessary for healthy plant growth. As Mr. Perry pointed out, this may be a,contributing
factor to the overall decline of the trees.
Due to the fact that the tree removals, and ultimately the tree replacements, need to be
evaluated on a case-by-case basis, it is difficult to prepare an overall phasing plan for
this work. Therefore, staff recommends completing the work based on field
observations and the existing condition of the trees. Staff will replace the Coast
Redwoods with the tree species identified in the landscape plans and will work with the
landscape architect to maintain design consistency along the Tierra Rejada Road
corridor. Special consideration will be given to tree spacing in order to minimize
overcrowding and competition for vital nutrients. Staff recommends completing this
work in three phases and funding the first phase immediately, so that it can be
completed prior to the end of the current fiscal year. The funding required for the
additional phases will be included in the FY 2016/17 and FY 2017/18 operating budgets.
The total cost of the tree removals and replacements is $490,596. $163,532 will be
required to complete each phase of the work.
It should be noted, that in addition to the work required to renovate the landscaping on
Tierra Rejada Road, there is also a need to renovate the median island and parkway
landscaping on Campus Park Drive and portions of Princeton Avenue. Similar to Tierra
Rejada Road, a large portion of the plant material used in the median islands consists of
Gazania spp. (Gazania). Gazania is a perennial groundcover with a moderate lifespan,
and although it generally requires minimal supplemental water to thrive, it tends to die
out in large sections over time. Most of the groundcover on Campus Park Drive and
Princeton Avenue has outlived its life and is in need of replacement. Staff recommends
replacing the Gazania with a more permanent low water use alternative, rather than
replacing it in-kind. Staff will prepare a full report on this subject at a future date.
FISCAL IMPACT
The estimated costs of the design options are as follows:
Option A: $6,501,000
Option B: $4,456,000
Option C: $2,767,000
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As mentioned previously, staff recommends the landscape design concept shown in
Option B. However, staff recommends preparing the plans and specifications so that
the work can be completed in two phases, as depicted on the phasing plan shown in
Attachment 4, and referenced as Modified Option B. In addition, staff recommends
modifying the scope of the project as described in this report, which primarily includes
the work proposed in the median islands, the areas on the north side of Tierra Rejada
Road, and the highly visible areas such as the street intersections and monument
locations. Staff will evaluate the total cost for this work once the bids have been
received and will make a recommendation to the City Council on funding options and
phasing at that time. The estimated cost of this work is as follows:
Modified Option B, Phase I: $1,019,000
Modified Option B, Phase II: $719,500
Sub-total: $1,738,500
Tree Removal and Replacement: $490,596
Sub-total: $490,596
Total $2,229,096
The total cost to complete the landscape renovation work and remove and replace the
Coast Redwoods is approximately $2,229,096. The Tierra Rejada Road streetscape
lies within LMD Zone 2 (Steeple Hill Area Tract 2865), LMD Zone 5 (Pheasant Run
Tracts 3019 and 3525) and LMD Zone 10 (Mountain Meadows Planned Community).
LMD Zone 2 is fully funded and there is funding .available for normal maintenance
procedures, and improvements can generally be funded from the LMD reserve account.
However, funding for general maintenance procedures in LMD zones 5 and 10, which
includes the cost of irrigation water, has historically been supplemented by the General
Fund. It is likely that the General Fund would have to subsidize the majority of the costs
of the landscape renovation, with minimal supplemental funding from the LMD reserve
accounts. These two zones were accepted by the City prior to the passage of
Proposition 218 (The Right to Vote on Taxes Act) in 1996. Historically, LMD Zones 5
and 10 have exhibited negative fund balances of approximately $41,437 and $51,118
respectively, resulting in substantial funding from the general fund to supplement normal
maintenance procedures. Funding from LMD Zone 2 will cover approximately 25% or
$557,274 of the cost to renovate the landscaping on Tierra Rejada Road. The General
Fund (1000) would need to cover the remaining costs of $1,671,822. The total project
cost and funding sources are summarized in the table below:
11
Honorable City Council
March 16, 2016
Page 12
Funding Source
LMD Zone 2 General Fund
Cost of Tree Removals $334,788.00
Cost of Tree Replacement $155,808.00
Modifed Option B Installation Phase I $1,019,000.00
Modified Option B Installation Phase II $719,500.00
Total Cost $2,229,096.00 $557,274.00 $1,671,822.00
The FY2015/16 adjusted budget includes $109,198 for the Tierra Rejada Road
Streetscape Project (CIP 7901) and $83,976 is available to cover the funding
requirement for the current year. A budget amendment of $158,049 is required to cover
the full cost for the first year.
Funding Source
Current Year Work: LMD Zone 2 General Fund
(25%) (75%)
Preparation of Construction Drawings & $78,493.00 $19,623.25 $58,869.75
Specifications (Architerra )
Removal of Trees (Mariposa Landscape) $111,596.00 $27,899.00 $83,697.00
Replacement of Trees (West Coast $51,936.00 $12,984.00 $38,952.00
Arborists)
$242,025.00 $60,506.25 $181,518.75
Less: Available budget CIP 7901 ($83,976.00). $0.00 . ($83,976.00)
FY 2015/16 budget amendment $158,049.00 $60,506.25 $97,542.75
As mentioned previously, staff will include funding in the amount of $163,532 in the
FY 16/17 and FY 17/18 operating budgets to complete the remainder of the tree
removal and replacement work.
The proposed use of approximately $1.7 million from the General Fund Reserve is
approximately 6% of the combined General Fund Reserve and Special Projects Fund
fund balances. As previously reported, the City has had to rely on these funding
sources to address ageing infrastructure, deferred maintenance, special projects,
unfunded pension liability and post-employment benefits. Over the last three fiscal
years (2012/13 — 2014/15), including the current fiscal year to date, the City Council has
authorized approximately $9,650,943 from these sources and spent an estimated
$8,008,670. A complete report on this subject will be presented to the City Council for
consideration as part of the 2016/17 FY budget. There will continue to be periodic
needs to use these funding sources for special projects and specific circumstances,
including the renovation of the parkway and median landscaping on Campus Park Drive
and portions of Princeton Avenue.
12
Honorable City Council
March 16, 2016
Page 13
SUMMARY
Staff recommends that the City Council approve conceptual plan Option B, with the
work to be phased and modified as discussed in this report and Amendment No. 2 with
Architerra for the preparation of construction drawings and specifications in the amount
of $78,493. In addition, staff recommends Amendment No. 1 with Mariposa
Landscapes, Inc. for the removal of the Coast Redwoods at a cost of $334,788, and an
Agreement with West Coast Arborists, Inc. for the replacement of the trees at a cost of
$155,808.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve conceptual plan Option B, with the work to be phased and modified as
discussed in the report as Modified Option B, for the renovation of the Tierra
Rejada Road Streetscape; and
2. Authorize Amendment No. 2 to Agreement with Architerra, Inc. for the
preparation of construction drawings and specifications, subject to final language
approval of the City Manager; and
3. Authorize Amendment No. 1 to Agreement with Mariposa Landscapes, Inc. for
the removal of the Sequoia trees, subject to final language approval of the City
Manager; and
4. Authorize Agreement with West Coast Arborists, Inc. for replacement trees,
subject to final language approval of the City Manager; and
5. Adopt Resolution No. 2016- amending the FY 2015/16 budget to fund
the phase I removals and replacements of the Sequoia trees and for the
preparation of the construction drawings and specifications.
Attachments:
1. Overall Streetscape Concept
2. Tierra Rejada Road Renovation Plan - Option A
3. Tierra Rejada Road Renovation Plan — Option B
4. Tierra Rejada Road Phasing Plan
5. Plant Palette
6. Amendment No. 2 to Agreement with Architerra, Inc.
7. Amendment No. 1 to Agreement with Mariposa Landscapes, Inc.
8. Agreement with West Coast Arborists, Inc.
9. Resolution 2016 -
13
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City of Moorpark — Tierra Rejada Retrofit Plant Palette
Water Use Abbreviations (H-High M-Moderate L-Low VL-Very Low)
Overstory Trees
Platanus racemosa—Western Sycamore in catchment areas(H/M)
Cedrus deodara—Deodar Cedar(M/L)
Pinus canarensis—Canary Island Pine(M/L)
Pinus halepensis—Aleppo Pine(LVL)
Quercus agrifolia—Coast Live Oak(M/L)
Quercus engelmannii—Engelmann Oak(M/L)
Pistacia x'Red Push'—Red Push Pistache(M)
Understory Accent Trees
Cards canadensis'Forest Pansy'—Forest Pansy Redbud (M/L)
Cards occidentalis—Western Redbud (M/L)
Bauhinia lunarioides—Anacacho Orchid (L)
Background/Screening Shrubs
Rhamnus alatemus—Italian Buckthorn (M/L)
Vauquelinia calffomica—Arizona Rosewood (L)
Cordia bofssieri—Wild Olive(LNL)
Hetemmeles arbutifolla—Toyon(LVL)
Prunus Illicifolia ssp. ilicifolia—Hollyleaf Cherry(M/L)
Large Shrubs
Rhamnus caiifornica'Eve Case'—California Coffeeberry(M/L)
Philadelphis microphyllus—Littleleaf Mock Orange(M/L)
Arctostaphylos densiflora'Howard McMinn'—Howard McMinn Manzanita (M/L)
Carpentaria califomica'Elizabeth' —California Bush Anemone (M/L)
Calandra'Sierra Starr'—Sierra Starr Fairy Duster(M/L)
Dendromecon hardfordii—Island Bush Poppy(LVL)
Ribes aureum—Golden Current(M/L)
Slope Cascading and Spreading Shrubs
Jasminum mesnyi—Primrose Jasmine (M)
Cotoneaster salicifolius'Repens' —Willowleaf Cotoneaster(M)
Baccharis pilularis'Pigeon Point'—Pigeon Point Coyote Brush (M/L)
Arctostaphylos edmundsii'Carmel Sur'—Little Sur Manzanita (M/L)
Rosa califomica—California Wild Rose (M/L)
ATTACHMENT 5 (1 OF 2)
24
Medium Height Shrubs
Penstemon eatonii-Firecracker Penstemon(LVL)
Calliandra'Sierra Starr'-Sierra Starr Fairy Duster(M/L)
Lobelia laxifolia-Mexican Lobelia(M/L)
Salvia leucantha'Santa Barbara'-Dwarf Purple Mexican Sage(M/L)
Salvia'Clevelandii'-Cleveland Sage(LVL)
Ribes speciosum-Fushia-Flowering Gooseberry(M/L)
Low Height Shrubs
Penstemon heterophyllus-Foothill Penstemon (L/VL)
Erigeron glaucus'Bountiful'-Beach Aster(MIL)
Achil/ea'Moonshine'-Moonshine Yarrow (M/L)
Achillea m/l/ehdium-Common Yarrow(M/L)
Penstemon baccharifolius'Diablo' -Rock Penstemon (L)
Mimulus aurantiacus-Sticky Monkey Flower(LVL)
Dianella'Little Rev' -Little Rev Flax Lily(M/L)
tiigeron karvinskianus-Mexican Daisy(M/L)
Salvia'Bee's Bliss'-Creeping Sage(L)
Mahonia repos-Creeping Barberry(MIL)
Accent Grasses/Grass-like
Muhlenbergia rigens'Nashville'-Bush Muhly Deergrass(M)
Melica imperfecta-California Melic(M/L)
Leymus tdtticoides-Beardless Wild Rye(M)
Bouteloua gracilis-Blue Grama Grass(PAIL)
Carex pansa-California Meadow Sedge(M)
Bioswale/Catchment Zones
Carex divulsa-Berkeley Sedge(M)
Chondropetalum factotum-Small Cape Rush (M)
Zauschneria`Wayne's Select'-California Fushia (L)
Sesleria autumnalis-Autumn Moor Grass (PA)
Iris douglasiana-Pacific Coast Iris(H/M)
Woadwardia fimbrtata-Giant Chain Fern (M)
Deschampsia cespitosa-Tufted Hairgrass (M)
Juncus patens-California Gray Rush(PA)
Mimulus cardinalis-Scarlet Monkey Flower(M)
ATTACHMENT 5 (2 OF 2)
25
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Attachment 6
AMENDMENT NO. 2
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ARCHITERRA, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES
This Amendment No. 2 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and Architerra, Inc., a corporation ("Contractor"), for
landscape architectural services ("Agreement"), is made and entered into this
day of , 2016.
RECITALS
WHEREAS, on March 17, 2015 the City and Contractor entered into an
Agreement to have the Contractor provide landscape architectural services; and
WHEREAS, on October 16, 2015 the City and Contractor amended the
Agreement to increase the compensation for services to be performed by Contractor
from twenty-seven thousand nine hundred dollars ($27,900), which included a three
thousand six hundred dollar ($3,600) contingency, by a value of six thousand twenty-
five dollars ($6,025) for a total contract value of thirty-three thousand nine hundred
twenty-five dollars ($33,925), and documented said agreement to amend by jointly
approving Amendment No. 1 to the Agreement; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from thirty-three
thousand nine hundred twenty-five dollars ($33,925) by a value of seventy-eight
thousand four hundred ninety-three dollars ($78,493), which includes a ten thousand
two hundred thirty-eight dollar ($10,238) contingency, for a total contract value of one
hundred twelve thousand four hundred eighteen dollars ($112,418).
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I_ Section 2, SCOPE OF SERVICES, is amended by replacing the first three
paragraphs in their entirety as follows:
"City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide landscape architectural services, as set forth in Exhibits
B, C, and D. In the event there is a conflict between the provisions of Exhibits B, C, and
D and this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibits B, C, and
D. Consultant shall complete the tasks according to the schedule of performance which
is also set forth in Exhibits B, C, and D.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibits B, C, and D. Compensation shall not exceed the rates outlined
in Exhibits B, C, and D or total contract value of one hundred twelve thousand four
hundred eighteen dollars ($112,418), which includes a thirteen thousand eight hundred
thirty-eight dollar ($13,838) contingency, without a written Amendment to the Agreement 32
executed by both parties. Payment by City to Consultant shall be in accordance with the
provisions of this Agreement."
II. Section 5, PAYMENT, is amended by replacing the second paragraph in its
entirety as follows:
"The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibits B, C, and D, based
upon actual time spent on the above tasks. This amount shall not exceed one hundred
twelve thousand four hundred eighteen dollars ($112,418), which includes a thirteen
thousand eight hundred thirty-eight dollar ($13,838) contingency, for the total term of the
Agreement unless additional payment is approved as provided in this Agreement."
III. Remaining Provisions:
Except as revised by this Amendment No. 2, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK ARCHITERRA, INC.
Steven Kueny Richard Krumwiede
City Manager President
Attest:
Maureen Benson, City Clerk
Amendment No. 2 to Agreement between City of Moorpark and Architerra, Inc.. Page 2 33
•
bhp.
tit
ARH.I1. R:A•
dLesign ro u p
IMO kr,o4 lancscap e architecture and planning
EaIlia
August 13, 2015
Revised Dec. 16, 2015
Revised January 7', 2016
Mr. Jeremy Laurentowski
Landscape/Parks Maintenance Superintendent
City of Moorpark
Parks and Recreation Department
799 Moorpark Avenue
Moorpark, CA, 93021
RE: LANDSCAPE ARCHITECTURAL SERVICES PROPOSAL, TIERRA REJADA LMD
STREETSCAPE RENOVATIONS CONSTRUCTION DOCUMENTS, MOORPARK, CA.
Dear Mr. Laurentowski:
We are pleased to submit this proposal for Landscape Architectural Services in
connection with the project referenced above. This agreement is by and between
Architerra Design Group, Inc. (ADG) and The City of Moorpark (Client).
PROJECT OVERVIEW
ADG shall provide professional services on the project referenced above. The extent of
our services may be generally described as the preparation of landscape architectural
construction documents for the renovation (removal & replacement) of landscape and
irrigation improvements, as well as placement of landscape accent boulders within the
City's Tierra Rejada Road LMD maintained Streetscape. Improvement of existing
community entry monument walls and adjacent streetscape perimeter walls are not a part
of this project. They will remain as-is.
The streetscape area addressed by this proposal is shown on the attached Project
Area/Phasing Plan and extends from Arroyo Simi on the west to Spring Road on the east.
It will be developed by the City in two phases as shown on the Phasing Plan.
ADG has worked with City staff to develop several "Typical" conceptual designs to
address the landscape renovation, in an effort to reduce water use and maintenance,
while maintaining the integrity of the original landscape character of Tierra Rejada Road.
These designs recommend the incorporation of a more drought tolerant plant palette and
new efficient irrigation system that meets the State Model Water Efficient Landscape
Ordinance (MWELO) and recent update to the ordinance based off Governor Brown's
0.,.r?rwrrede irni,),c,cp.c:::r`
34
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Drought Executive Order (B-19-25). ADG will use these "Typical" conceptual designs as
a guide to the development of the construction documents.
Pursuant to the attached Phasing Nan, Phase 1 — will generally include the City
maintained northern parkway and curb adjacent street tree pockets of Tierra Rejada Road
from Arroyo Simi to Spring Road and renovated /improved landscape pockets on the
south side of Tierra Rejada at key street intersections and at existing community
monuments.
Phase II generally includes Tierra Rejada's median islands and the Tierra Rajada Park
streetscape frontage/parkway located on the south side of Tierra Rajada between
Mountain Trail Street and Mountain Meadow Drive.
With the exception of the renovated/improved landscape pockets on the south side of
Tierra Rejada at key street intersections and at existing community monuments, the
existing slopes and parkways located on the south side of Tierra Rejada are not a part of
this proposals scope of services and are excluded from our proposal.
The demolition/construction, irrigation and landscape improvement plans for both phases
will be prepared as one set of construction documents on City standard 24"x36" base
sheets at 20 scale with the phases clearly identified. Specifications will be prepared in
book form by ADG based on a city supplied boilerplate.
If the City requires that the construction documents be separated into two separate bid
packages by phase, ADG can do so, but it will be at an additional cost
Bidding assistance and construction observation services will be hourly as requested and
are currently not included within the scope of services/fees of this proposal.
SCOPE OF SERVICES
ADG agrees to perform professional services for the Client as set forth below for the Basic
Fee as indicated:
A. Base Sheet and Design Development Phase to Include:
1 . Project Kick-Off meeting with Client to discuss the project phasing, budget
and schedules.
2. Site Visit/Field Inventory and mapping of existing tree species for
implementation into base sheets.
3. Design Development to apply "Typical" conceptual design strategies to
overall streetscape plan.
4. Program Development.
5. Base Sheet Development at 20-scale, 24"x36". (12 sheets)
6. Soil collection and testing of nine (9) project areas, three (3) test sites for
each project phase area to be utilized for final soil amendment
recommendations and Soil Management Plan (As required by MWELO)
7. Project Administration (Bi-Weekly Status Report and Project Scheduling).
8. Telephone Consultation.
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B. Construction Document Phase to Include:
1 . Title Sheet Preparation.
2. Prepare Overall Phasing Master Plan (at 200 scale) indicating Phased areas
3. Preparation of a combination Landscape removals/Demolition Plan and
Construction Plan at 20-scale (12 sheets).
4. Preparation of Construction and Grading Details.
5. Irrigation Master Plan (at 200 scale) indicating existing P.O.C.s and
mainline/sleeving, etc.
6. Irrigation Plan Preparation at 20-scale. (12 sheets)
' 7. Irrigation Detail Preparation.
8. Prepare Water Efficiency Landscape Worksheets. *
9. Prepare 2 Irrigation Controller Charts. *
10. Planting Plan Preparation at 20-scale. (12 sheets)
1 1 . Planting Detail Preparation.
12. Prepare Planting/Irrigation Hydro-zone Plan. *
13. Construction Specifications. (Book Form)
14. Irrigation & Planting Specifications. (Book Form)
15. Prepare Annual Irrigation and Planting Maintenance Schedule. *
16. Preparation of final Cost Estimate based on completed construction
documents.
17. Agency/ADG Progress Meeting. (One meeting)
18. Agency Plan Check Corrections.
19. Project Administration (Preparation of Bi-Weekly Status Report and Project
Scheduling).
20. Telephone Consultation as required.
21 . Utility Research (Irrigation Point of Connection, Pressure).
* Items Required for AB 1881 California Model Water Efficient Landscape Ordinance
(MWELO).
C. Bidding Phase:
1 . Bidding assistance will be provided to the Client on an hourly as requested,
or negotiated lump sum fee basis.
D. Construction Observation Phase:
1 . Construction observation services will be provided to the Client on an hourly
as requested, or negotiated lump sum fee basis.
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City of Moorpark
Tierra Rejodo Cps
Page 4 of 1 1
If the Scope of the Project as outlined above is changed materially, the Basic Fee shall be
changed in the same proportion.
FEES AND TERMS
Services described above shall be provided For in accordance with the terms and
conditions in Appendix A attached hereto and which is incorporated and made a part of
this Agreement by reference. We estimate the following fee breakdown by Phase:
A. Base Sheet Development $8,410.00
B. Construction Documents: $57,445.00
C. Bidding & Negotiation: hourly as requested
D. Construction Observation: hourly as requested
Professional Fee Total: $65,855.00
Estimated Reimbursable Expenses* $2,500.00
Estimated Fee Total: $68,355.00
*We estimate that the cost of Reimbursable Expenses, as identified in Appendix A, will
be approximately the amount noted above. Reimbursable Expenses incurred are based
on the demands/needs of the Client.
GENERAL WORK PROGRAM AND TIME TABLE
Architerra Design Group proposes the following timetable for completion of this Project
after receipt of all necessary information from Client or Client's Consultants as listed
under "Owners/Architects Responsibility".
TASK PHASE WEEKS
I Base Sheet Design Development Phase 3-4
II Construction Document Phase 6-8
ADG shall render its services as expeditiously as is consistent with professional skill and
care. ADG shall not be responsible for delays that may occur due to causes beyond
ADG's reasonable control.
DEVELOPMENT BUDGETS
A. The project will have a total of three phases. A detailed cost estimate (by phase)
will be developed as part of the Construction Document Phase.
B. In the event that this development budget is reduced or increased by more than
10% between the time of approval of the landscape concept phase and time of
award of a construction contract, cost of modification of drawings and
specifications to meet the revised project budget shall be considered Additional
Services.
DESIGN APPROVAL
Mr. Jeremy laurentowski is designated as the person responsible for design direction to
ADG for this Project and has the authority for design approval. In the event that the
37
City of Moorpark
Tierra Rejoda CDs
Page 5 of 11
design, as approved by Laurentowski is rejected by others, and redesign is required, such
redesign shah be compensated as Additional Services.
MEETINGS AND SITE VISITS
This Agreement includes Professional Service time for up to two meetings for coordination
with Client, agencies, or consultants and two site visits for field inventory/documentation
of existing conditions. Additional meetings shall be billed as Additional Services. Travel
expenses shall be billed as Reimbursable Expenses.
OWNER'S/ARCHITECT'S RESPONSIBILITY
Client shall provide the following information, documents, or services as required for
performance of the work. ADG is entitled to rely upon the accuracy and completeness of
such information, documents, and services, and shall not be liable for errors or omissions
therein. Should ADG be required to provide services in obtaining or coordinating
compilation of any such information, drawings, or services shall be charged as
Additional Services.
1 . Topography and boundary surveys, CAD base files.
2. As-Builts of existing constructed irrigation system.
3. Architectural plans and elevations of any proposed structures.
4. Engineered site plan with building footprints, streets, curbs, and property lines.
5. Rough and precise grading plan for project site.
6. Existing site engineering and utility base information.
7. Overhead aerial photographs at controlled scale.
B. Engineering other than that provided within the Scope of Services.
9. Agency processing of completed plans.
We would be pleased to answer any questions you may have to clarify the various points
above. If the proposal meets with your approval, please sign below where indicated and
return one copy for our files. I look forward to working with you on this project.
Sincerely Yours,
rchiter : Design Group, Accepted: TheCity of Moorpark
fl By:
umwiede Title:
Presi• - Date:
CA RIA #2834
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APPENDIX A
Attached to and part of Agreement for Professional Services between Architerra Design
Group, Inc. (ADG), and City of Moorpark dated January 7'h, 2016.
FEES FOR PROFESSIONAL SERVICES
Services outlined under the Scope of Services shall be provided for the fixed sum
stipulated in the Agreement For Landscape Architectural Services.
PROJECT RESTART FEE
Because of substantial cost incurred by ADG to stop and restart a project once underway,
should this project's progress be halted at any time for 30 or more days by the Client, for
any reason, a project restart fee of $500, will be due and payable immediately.
REIMBURSABLE EXPENSES
The following costs shall be reimbursed at cost plus 15% and are not included in the
Basic Fee for Services:
• Expense of reproductions for generation of original drawings, plan check
submittals and construction bidding, including printing, plotting, Xerox copying,
photo reproductions.
• All automobile mileage shall be paid at the standard rate for business automobile
use as set forth by the Internal Revenue Service.
• Cost of postage and shipping expenses other than first class mail.
• Photographic services, film and processing.
• Cost of models, special rendered exhibits, promotional photography, special
process printing, special equipment, special printed reports or publications maps
and documents approved in advance by Client.
• Agency Processing and fees paid for securing approval of agencies having
jurisdiction over the Project. (Plan check fees, variance applications, etc.).
• Fees for additional special consultants retained with the approval of Client.
ADDITIONAL SERVICES
ADG may incur expenses and costs, which are not included in the Basic Fee for Services.
If authorized by the Client and confirmed by ADG, ADG will perform said Additional
Services on a time and material basis, according to the following schedule:
Principal $150.00/Hour
Director of Design $125.00/Hour
Project Manager $95.00/Hour
Landscape Designer $75.00/Hour
Clerical $45.00/Hour
Additional Services Include but are not limited to:
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1 . Making planning surveys, feasibility studies, and special analyses of Client's
needs to clarify requirements for project programming.
2. Master planning.
3. Site Planning.
4. Revisions and changes in approved drawings and the preparation alternatives
or deductive change orders requested by Client.
5. Services with respect to replacement of any work damaged during
construction.
6. Services required as a result of the default or insolvency of the contractor.
7. Preparation of record drawings or of measured drawings of existing
conditions.
8. Providing prolonged construction observation should the construction time be
substantially extended through no fault of ADG.
9. Agency processing of completed plans if requested by Client.
If the duration of the Project continues past one year from the date of signing this
Agreement, ADG shall have the right to increase the hourly rate for Additional Services.
OVERTIME REQUESTS
It is ADG's responsibility to schedule the Project's completion under normal conditions
without the use of the staff on an overtime basis. If the Client adjusts the deadline or
requests that the work be completed earlier than originally scheduled, requiring overtime,
the fees shall be adjusted to cover the increased costs incurred by ADG. The hourly rates
for overtime will be one and one-half (1-1/2) times the hourly rates listed above.
BILLING PROCEDURES
A. All billing shall be done on a monthly basis. Invoices shall include charges for Basic
Services rendered to date of invoice and Reimbursable Expenses supported by an
itemized description.
B. Retainer: ADG shall be compensated an amount equal to 10% of the total fee at the
time of acceptance of the proposal.
C. Invoices for Additional Services shall be submitted on a monthly basis, supported by
an itemized description.
D. All invoices are due and payable upon receipt. Whenever the account is delinquent
{30 days past due), ADG may suspend without any resulting liability, any further
services called for this Agreement until said account is made current. Not
withstanding this provision, ADG may continue work beyond the time which ADG
could have suspended the work without waiving it's right hereunder.
E. if the Client fails to pay an invoice within seven days of the date payment is due,
ADG shall be entitled, upon three days notice, to suspend further services until all
accounts due have been paid.
LATE PAYMENT PENALTY
40
City of Moorpark
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Page 8 of I 1
Client agrees to pay a monthly late payment penalty of one and one-half percent (1-
1/2%) per month, which will be applied to any unpaid balance commencing thirty 30-
days from invoice date.
OPINIONS OF PROBABLE CONSTRUCTION COSTS
ADG has no control over the cost of labor, materials, or equipment, or over the
Contractor's method of determining prices, or over competitive bidding or market
conditions. Any Construction Cost estimates provided for herein are to be made on the
basis of ADG's experience and qualifications. These opinions represent ADG's best
judgment due to our familiarity with the construction industry. However, ADG cannot and
does not guarantee that proposals, bids, or the construction cost will not vary from
estimates prepared by ADG. If the Client wishes greater assurance as to the construction
cost, the Client shall employ an independent cost estimator.
OWNERSHIP AND COPYRIGHT OF DOCUMENTS
All drawings and documents produced under terms of this agreement are the property of
Architerra Design Group, and cannot be used for any reason other than to bid and
construct the above named project. The Client shall be granted a revocable license to
use the drawings and documents for the purpose of constructing, maintaining,. and
operating the project, and shall not use such documents for any other purpose without
ADG's consent. The Client shall indemnify and defend ADG from any claim, loss or
damage arising out of the Client's failure to abide by the terms hereof.
INDEMNIFICATION
Architerra Design Group agrees, to the fullest extent permitted by law, to indemnify and
hold the Client harmless from any damage, liability or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by Architerra design Group's
negligent acts, errors or omissions in the performance of professional services under this
Agreement and those of his or her sub-consultants or anyone for whom Architerra Design
Group is legally liable. This indemnification expressly excludes the duty of Architerra
Design Group to defend the Client. However, the absence of the duty to defend shall not
preclude the Client from seeking its reasonable attorneys' fees as part of its damages
where and to the extent such fees are caused by Architerra Design Group's negligence.
The Client agrees, to the fullest extent permitted by Law, to indemnify and hold Architerra
Design Group harmless from any damage, liability or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts,
errors or omissions and those of his or her contractors, sub-consultants or consultants or
anyone for whom the Client is legally liable, and arising from the project that is the
subject of this agreement.
Architerra Design Group is not obligated to indemnify the Client in any manner
whatsoever For the Client's own negligence.
CERTIFICATIONS
The Client shall indemnify ADG from claims arising out of any certifications, which are
required to be signed on. behalf of the Client during the course of the project.
41
City of Moorpark
Tierra Rejado CDs
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DISPUTE RESOLUTION
Client and ADG agree to mediate claims or disputes arising out of or relating to this
Agreement before initiating litigation. The mediation shall be conducted by a mediation
service acceptable to the parties. A party shall make a demand for mediation within a
reasonable time after a claim or dispute arises, and the parties agree to mediate in good
faith. In no event, shall any demand for mediation be made after such claim or dispute
would be barred by applicable law. Mediation fees shall be shared equally.
PROJECT PROMOTION
ADG has the right to photograph the above named project and to use the photos in the
promotion of the professional practice through advertising, public relations, brochures or
other marketing materials. Should additional photos be needed in the future, the Client
agrees to provide reasonable access to the facility. The Client also agrees to city the
name of Architerra Design Group as the designer in all publicity, presentations, and
public relations activities, which mention the name of or depict the facility.
HAZARDOUS WASTE
Client shall indemnify and hold harmless ADG and its consultants, agents, and employees
from and against all claims, damages, losses and expenses, direct and indirect, or
consequential damages, including but not limited to fees and charges of attorneys and
court and arbitration costs, arising out of or resulting from the performance of the work by
ADG, or claims against ADG arising from the work of others, related to hazardous waste.
The above indemnificationrovision extends to claims against ADG which arise out of,
are related to, or are based upon, the dispersal, discharge, escape, release or saturation
of smoke, vapors, soot, fumes, acids, alkalis, toxic-chemicals, liquids, gasses or any other
material, irritant contaminant or pollutant in or into the atmosphere, or on, onto, upon, in
or into the surface or subsurface soil, water or watercourses, objects, or any tangible or
intangible matter, whether sudden or not.
LIMITATION OF LIABILITY
The Client understands and acknowledges that the design and construction process for
this project poses certain risks to both ADG and the Client. The Client further understands
and acknowledges that the amount of risk that ADG can accept is tied, in part, to the
amount of compensation received for services rendered. ADG's fee for the services
offered is based on the Client's agreement to limit the ADG's liability as described below.
The Client further acknowledges that were it not for this promise to limit ADG's liability,
ADG's compensation would need to increase to address the risks posed by the project.
The Client, therefore acknowledging its right to discuss this provision with legal counsel
experienced in the design and construction process, as well as other design
professionals, voluntarily agrees that, to the fullest extent permitted by law, ADG's total
liability to the Client for any and all injuries, claims, liabilities, losses, costs, expenses or
damages whatsoever arising out of or in any way related to.the project or this Agreement
for any cause or causes including, but not limited to, ADG's negligence, errors, omissions
or breach of contract, shall not exceed the total amount of compensation received under
this Agreement. This limitation of liability shall apply to the Client's claims for damages
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City of Moorpark
Tierra Rejada CDs
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•
as well as the Client's Claims for contribution and indemnity with respect to third party
claims.
MEANS AND METHODS
ADG shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. ADG shall not be
responsible for the Contractor's schedules for failure to carry out the Work in accordance
with the Contract Documents. ADG shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
LAW
This Agreement shall be interpreted and enforced according to the laws of the State of
California.
TERMINATION
It is understood that these services may be terminated upon 10 days' written notice for
cause by either party. In this event, ADG shall be compensated for all work-performed
prior to date of termination at the rates set forth above.
REVOCATION
This proposal shall be considered revoked if acceptance is not received within 60 days of
the date hereof.
STATE REGULATIONS
Landscape architects are licensed by the State of California.
MISCELLANEOUS PROVISIONS
This agreement is the entire and integrated agreement between Client and ADG and
supersedes all prior negotiations, statements or agreements, either written or oral. The
parties may amend this Agreement only by a written instrument signed by both Client and
ADG.
In the event that any term or provision of this Agreement is found to be unenforceable or
invalid for any reason, the remainder of this Agreement shall continue in full force and
effect, and the parties agree that any unenforceable or invalid term or provision shall be
amended to the minimum extent required to make such term or provision enforceable and
valid.
Neither Client nor ADG shall assign this agreement without the written consent of the
other.
Nothing in this Agreement shall create a contractual relationship for the benefit of any
third party.
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Tierra Rolada CDs
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END
44
Attachment 7
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MARIPOSA LANDSCAPES, INC., FOR TREE MAINTENANCE SERVICES
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and Mariposa Landscapes, Inc., a corporation
("Contractor"), for tree maintenance services ("Agreement"), is made and entered into
this day of , 2016.
RECITALS
WHEREAS, on December 23, 2014 the City and Contractor entered into an
Agreement to have the Contractor provide tree maintenance services; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from five
hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial (24)
twenty-four month term of the Agreement and two hundred fifty-six thousand seven
hundred ninety-five dollars ($256,795) for every subsequent year that the agreement is
extended by a value of three hundred thirty-four thousand seven hundred eighty-eight
dollars ($334,788) for removal of trees along the Tierra Rejada Road corridor, and
document said agreement to amend by jointly approving Amendment No. 1 to the
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing the first three
paragraphs in their entirety as follows:
"City does hereby retain Contractor in a contractual capacity to provide tree
maintenance services, to include tree pruning, tree removal, tree planting, milled
lumber, and tree inspections and reports at City Landscape Maintenance Districts,
Parks, and various City properties as set forth in Exhibits C and D, Contractor's Bid
Proposal, dated August 21, 2014, and Exhibit E, Tree Service Proposal, which exhibits
are attached hereto and incorporated herein. Where said Scope of Services is modified
by this Agreement, or in the event there is a conflict between the provisions of said
Scope of Services and this Agreement, the language contained in this Agreement shall
take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C,
Contractor Performance Requirements and Exhibit D, Scope of Work, and Exhibit E,
Tree Service Proposal, all of which are attached hereto and incorporated herein by this
reference as though set forth in full. Compensation for services to be performed by
Contractor shall be in accordance with Exhibits B and E. Compensation shall not
exceed three hundred thirty-four thousand seven hundred eighty-eight dollars
($334,788), which includes a contingency of forty-three thousand six hundred sixty-eight
dollars ($43,668), for removal of trees along the Tierra Rejada Road corridor or five
hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial twenty- 4 5
four (24) month term of the Agreement and two hundred fifty-six thousand seven
hundred ninety-five dollars ($256,795) annually thereafter for all other services
performed under this Agreement, without a written amendment to the Agreement
executed by both parties. Payment by City to Contractor shall be as referred to in this
Agreement."
II. Section 5, PAYMENT, is amended by replacing the first paragraph in its entirety
as follows:
"The City agrees to pay Contractor monthly, in accordance with the terms and
the schedule of payment as set forth in Exhibits B and E, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time
spent on the above tasks. This amount shall not exceed three hundred thirty-four
thousand seven hundred eighty-eight dollars ($334,788) for removal of trees along the
Tierra Rejada Road corridor, and for all other services performed under this Agreement
five hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial
twenty-four (24) month term of the Agreement and two hundred fifty-six thousand seven
hundred ninety-five dollars ($256,795) for every subsequent year that the contract is
extended, which extensions require a written Amendment to this Agreement executed
by both parties, unless additional payment is approved as provided in this Agreement."
Ill. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Agreement to be
executed the day and Year first above written.
CITY OF MOORPARK MARIPOSA LANDSCAPES, INC.
Steven Kueny Terry Noriega
City Manager President
Attest:
Maureen Benson
City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Mariposa Landscapes, Inc..Page 2 46
EXHIBIT E
l P O S A
L A N D S C A P E S I N C
TREE SERVICE PROPOSAL
February 23, 2016
City of Moorpark
Attn:Allen Walter
799 Moorpark Avenue
Moorpark, CA 93021
Re:Tierra Rejada Redwood Removals-3 phase removal
Description This proposal provides for all labor, material, and equipment to perform all
services listed below. Tree removal will be done in (3) Phases over a(3) Year
period at the City's discretion. All Normal Tree Work Operations to be
performed according to ANSI A300 standards. Prices include hauling of all
material generated by our work.
Price Tree Removal Total $291,120.00
Phase 1 (185) Trees $97,040.00
Phase 2(184) Trees $97,040.00
Phase 3 (184) Trees $97,040.00
Terms: Total due upon completion.
Exclusions: Anything not mentioned.
Time Project start date is within 45 calendar days. Time for completion is
Dependent on phases.
Limits Time limit for the acceptance of this proposal is 45 calendar days from the
above date.
Respectfully submitted,
Dennis Jones-Tree Care Regional Manager
dennis@mariposa-ca.com Customer Signature and Date
626-890-0164 Cell 626-960-8477 Fax
4 3
TEL 800• 794• 9458 • FAX 626 •960 •8477 • www.mariposa-ca.com
15529 ARROW HIGHWAY, IRWINDALE,CA 91706 • CA CONTRACTOR'S DC#592268 A,C-27,D-49
Our Core Values — Safety • Teamwork • Quality • Integrity
47
Attachment 8
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
WEST COAST ARBORISTS, INC., FOR TREE PLANTING SERVICES
THIS AGREEMENT, made and effective as of this day of
, 2016, between the City of Moorpark, a municipal
corporation ("City") and West Coast Arborists, Inc., a corporation ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for tree planting services; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated April 8, 2015,
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 Contractor, as an independent contractor, in a
contractual capacity to provide tree planting 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.
Contractor shall perform the tasks described and set forth in Exhibit B. Contractor
shall complete the tasks according to the work specifications, which are also set forth in
Exhibit B.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of one hundred fifty-five thousand eight hundred eight dollars ($155,808), which
includes a twenty thousand three hundred twenty-three dollar ($20,323) contingency, as
stated in Exhibit B, without a written amendment to the agreement executed by both
parties. Payment by City to Contractor shall be in accordance with the provisions of this
Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
48
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor's compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Patrick Mahoney, 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 Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, based upon actual time
spent on the above tasks. This amount shall not exceed one hundred fifty-five thousand
eight hundred eight dollars ($155,808), which includes a twenty thousand three hundred
twenty-three dollar ($20,323) contingency for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the 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.
West Coast Arborists, Inc. Page 2 of 14 4 9
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor's fees or expenses it shall give written notice to Contractor
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 Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor 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
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence of the
Contractor, it shall not be considered a default.
if the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor 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.
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West Coast Arborists, Inc. Page 3 of 14
8. LIQUIDATED DAMAGES
If the Contractor 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,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor 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
Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor'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
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents ("City Indemnitees") from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
Contractor's performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City's active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor's performance of this Agreement,
West Coast Arborists, Inc. Page 4 of 14 51
the Contractor shall provide a defense to the City Indemnitees or at the City's option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels' fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor 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 Contractor 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 Contractor
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.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or •
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor 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 CONTRACTOR
Contractor 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
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor 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,
5 2
West Coast Arborists, Inc. Page 5 of 14
employees, or agents of the City. Contractor 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 Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor 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 Safety and Health 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 Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, 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 Contractor shall have responsibility for compliance with this Section [Labor Code
Sec. 1735].
15. UNDUE INFLUENCE
Contractor 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 Contractor, or any officer,
employee or agent of Contractor, 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 (1) 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.
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West Coast Arborists, Inc. Page 6 of 14
17. CONFLICT OF INTEREST
Contractor 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.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor 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 Contractor and/or
its subcontractors 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: West Coast Arborists, Inc.
Patrick Mahoney
2200 East Burton Street
Anaheim, California 92806
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 Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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West Coast Arborists, Inc. Page 7 of 14
20, ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor 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
Contractor 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 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 Contractor 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.
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West Coast Arborists, Inc. Page 8 of 14
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 Contractor'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 provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
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West Coast Arborists, Inc. Page 9 of 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK WEST COAST ARBORISTS, INC.
By: By:
Steven Kueny, City Manager Patrick Mahoney, President
Attest:
Maureen Benson, City Clerk
West Coast Arborists, Inc. Page 10 of 14 57
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor 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.
Contractor 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 Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. if Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor 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.
•
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
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 Contractor, subcontractors 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.
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West Coast Arborists, Inc. Page 11 of 14
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 Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor 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. Contractor also agrees to require all contractors and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right to
subrogation prior to a loss. Contractor 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. Contractor 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.
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 Contractor'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
59
West Coast Arborists, Inc. Page 12 of 14
be charged to and promptly paid by Contractor or deducted from sums due
Contractor, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of
any cancellation or reduction of coverage. Contractor 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 Contractor 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.Contractor agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Contractor, provide the
same minimum insurance required of Contractor. Contractor 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. Contractor
agrees that upon request, all agreements with subcontractors and others engaged in
the Work will be submitted to the City for review.
11.Contractor 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 Contractor'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 Contractor, 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 Contractor 90 days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13.For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Contractor 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.
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West Coast Arborists, Inc. Page 13 of 14
15.Contractor 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.Contractor 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. As coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specification 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 Contractor under this Agreement. Contractor 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.Contractor 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 Contractor
for the cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to the City. It is not the intent of the City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against the City for payment of premiums or other amounts with
respect thereto.
22.Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor 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.
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West Coast Arborists, Inc. Page 14 of 14
EXHIBIT B
Proposal 37712 • West Coast Arborists, Inc.
11405 Nardo St.
State Contractors License#366764 Ventura,CA 93004
Liability Insured (P)805.671.5092 (F)805.671.5360
PROPOSAL FOR TREE MAINTENANCE SERVICES
CUSTOMER: CITY OF MOORPARK INV.NEEDED: Yes
MAIN BILLING
CONTACT: CONTACT:WALTER C01T�C'1: ALLEN WALTER
ADDRESS 799 MOORPARK AVENUE ADDRESS: 799 MOORPARK AVENUE
MOORPARK,CA 9302i MOORPARK.CA 93021
PHONE/FAX: (805)517-6360/(805)523-8836 PI IONE/FAX: (805)517-6360 1(805)523-8836
EMAIl.: AV A1.TLR,11( )RPARKC`Ai,t_)\ L;1tAl1,: _\1V AI.IhRa-MOORVARkC:.(,{)V
JOB LOCATION: Tierra Rejada Rd. from Southampton Rd to Countrywood Dr.
JOB DESCRIPTION: 553 trees 24"box(no root barrier).
QTY DESCRIPTION • t1/M tt;P TOTAL
185 Phase#1 -Planting 24"Trees Non-Specialty Each $245.00 $45,325.00
185 Phase#2-Planting 24"Trees Non-Specialty Each $245.00 $45,325.00
183 Phase#3-Planting 24"Trees Non-Specialty Each $245.00 $44,835.00
GRAND TOTAL: $135,485.00
COMMENTS: all new trees are non-specialty and will be plant with no barrier.Planting project to be scheduled on 3
phases 185 at the time.Tree Nursery Stock Selection shall follow the ANSI 260.1 Standard(s). Planted Tree Warranty
90 days after acceptance.Tree Planting and Tree Staking is per the City Of Moorpark Landscape Design Standards and
Guidelines,Detail Plate I-I and 1-3. Prices will be adjusted if planting prices change within the year on Phase 2&3.
Prices will be adjusted accordingly. Tree planting will be in three(3)phases over a 3 year period or at City's discretion.
ESTIMATED BY: LORENZO PEREZ Date: 4/8/2015
ACCEPTED BY: Date:
Proposal Report Page I 4'3
ATTACHMENT 9
RESOLUTION NO. 2016-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2015/16 BUDGET BY APPROPRIATING $97,543 FROM THE
GENERAL FUND (1000) AND $60,506.00 FROM THE 84-2
STEEPLE HILL T2865 FUND (2302) TO FUND LANDSCAPE
AND ARCHITECTURAL SERVICES FOR THE TIERRA REJADA
ROAD STREETSCAPE PROJECT (CIP 7901)
WHEREAS, on February 4, 2015 City Council adopted Resolution No. 2015-
3361 which approved an aggregate budget amendment of $27,900 from the General
Fund (1000) - $20,925 and from the 84-2 Steeple Hill T2865 Fund (2302) - $6,975; to
obtain landscape architectural services for the renovation of Tierra Rejada Road
Streetscape Project (CIP 7901), between the Arroyo Simi and Spring Road; and
WHEREAS, on June 17, 2015 the City Council by Resolution No. 2015-3408
approved the City of Moorpark Operating and Capital Improvement Budget for fiscal
year 2015/16 per, which included an additional $90,000 for CIP 7901; and
WHEREAS, on March 16, 2016 a staff report was presented to the City Council
requesting approval of the conceptual plan for the renovation of Tierra Rejada Road
between the Arroyo Simi and Spring Road, authorization for Amendment No. 2 to
Architerra, Inc.'s agreement for preparation of construction drawings, authorization for
Amendment No. 1 to Mariposa Landscapes, Inc.'s agreement for tree removal services,
and authorization for an agreement with West Coast Arborists, Inc. for tree planting
services; and
WHEREAS, on February 23, 2016 the Finance Department completed the
budget adjustments to reflect the continuing appropriations after the final accounting of
projects costs from FY 2014/15, and the adjusted budget for FY 2015/16 for CIP 7901 is
$109,198, of which $83,976 is available to cover the proposed work; and
WHEREAS, an additional $158,049 is required to fully finance the current year
design and installation and a budget amendment of $97,543 from the General Fund
(1000) and $60,506 from 84-2 Steeple Hill T2865 Fund (2302) is requested; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
63
Resolution No. 2016-
Page 2
SECTION 1, A budget amendment in the amount of $97,543 from the General
Fund (1000) and $60,506 from the 84-2 Steeple Hill T2865 Fund (2302) as more
particularly described in Exhibit "A", attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of March, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
64
ATTACHMENT 9
EXHIBIT A
BUDGET AMENDMENT FOR
General Fund(1000)and 84-2 Steeple Hill T2865 Fund (2302)for landscape architectural services and tree
planting and removal services for the landscape renovation of Tierra Rejada Road
2015/16
FUND ALLOCATION FROM:
Fund Account Number Amount
General Fund 1000-5500 $ 97,543.00
84-2 Steeple Hill T2865 Fund 2302-5500 $ 60,506.00
Total $ 158,049.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
FY15/16 Current FY 15/16 Adjusted
Account Number Budget Amendment Budget
1000-7900-7901-9601 $11,777.50 $58,870.00 $70,647.50
2302-7900-7901-9601 $6,602.87 $19,623.00 $26,225.87
1000-7900-7901-9613 $90,818.00 $38,673.00 $129,491.00
2302-7900-7901-9613 $0.00 $40,883.00 $40,883.00
Total $109,198.37 $158,049.00 $267,247.37
Approved as to Form: <,. ./----
65