HomeMy WebLinkAboutAGENDA REPORT 2006 0405 CC REG ITEM 09BITEM q - 6
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL BY:_ U
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct
By: Laura Stringer, Administrative Services Ma a r
DATE: March 24, 2006 (CC Meeting of 04/05/06)
SUBJECT: Consider Request for Proposals (RFP) for Building and Safety and
Land Development Engineering Services
BACKGROUND /DISCUSSION
The City of Moorpark, as a contract city, has for many years provided Building and
Safety and Engineering services by contract with professional consultants. Since 1989
and 1992 respectively, these services have been provided by Charles Abbott
Associates, Inc.
In December 2003, the City retained its first "in- house" City Engineer and has
subsequently retained an Assistant City Engineer for Public Works related activities.
Staff recommends that the City continue providing Building and Safety and Engineering
Land Development Services by contract, but has determined it appropriate at this time
to update the scope of services for both functions and to solicit proposals from qualified
professional consultants for both, or either, Building and Safety and /or Engineering
Services. Unique characteristics of this RFP include the requirement that the consultant
maintain an office within the City of Moorpark and conservative conflict of interest
requirements.
Should the City Council concur with staff's recommendation, the attached Request for
Proposals will be distributed to qualified professional consulting firms that provide
municipal Building and Safety and Engineering services.
STAFF RECOMMENDATION
Authorize the Community Development Director and City Engineer /Public Works
Director to distribute Request for Proposals for Building and Safety and Engineering
Services subject to final language approval of the City Manager.
000041
Honorable City Council
April 5, 2006
Page 2
Attachments:
Draft Request for Proposals for Building and Safety and Engineering Services
2. Current Agreement for Engineering Services
000042
March 24, 2006
REQUEST FOR PROPOSALS
(RFP)
BUILDING AND SAFETY SERVICES
AND /OR
ENGINEERING SERVICES
179I:1
THE CITY OF MOORPARK
BARRY K. HOGAN
COMMUNITY DEVELOPMENT DIRECTOR
805 -517 -6233
YUGAL K. LALL
CITY ENGINEER/PUBLIC WORKS DIRECTOR
805 -517 -6255
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA. 93021
S \Community DevelopmentWDMiNVAGMTS\RFP's \BLDG & ENG \Bldg and Eng RFP CA Review doc
CC ATTACHMENT 1
000043
INDEX
Exhibits:
1. Code Compliance Work Program
2. Draft Professional Service Agreement
Page 2 000044
PAGE
I
BACKGROUND
3
II
BUILDING AND SAFETY
3
III
ENGINEERING
7
IV
LIMITATIONS
11
V
PROPOSAL CONTENT & FORMAT
12
VI
DUE DATE
13
VII
PROPOSAL EVALUATION & SELECTION
13
Exhibits:
1. Code Compliance Work Program
2. Draft Professional Service Agreement
Page 2 000044
L BACKGROUND
The City of Moorpark is a community situated in the eastern portion of Ventura County,
adjacent to the cities of Thousand Oaks and Simi Valley. The City has been characterized
by rapid growth within a rural setting, accessed by the 118 and 23 Freeways on the east
and south respectively and State Routes 118 and 23 on the north and west. The current
population is 35,908.
Moorpark was incorporated in July 1983, as a general law city operating under the City
Council /City Manager form of government, with four (4) Councilmembers elected at large
for four (4) year staggered terms and mayorial elections every two years. The City
Manager is the chief executive officer responsible for directing City affairs as prescribed by
City Council policies. Since its incorporation, Moorpark has operated as a contract city,
utilizing professional consultant services for Building and Safety and Engineering services.
In December 2003, the City retained its first "in- house" City Engineer and has subsequently
retained an Assistant City Engineer for Public Works related activities.
The City of Moorpark intends to continue providing Building and Safety and Engineering
Land Development Services by contract. The City has determined it appropriate at this
time to update the scope of services for both functions and to solicit proposals from
qualified professional consultants for both, or either, Building and Safety and /or
Engineering Services.
II. BUILDING AND SAFETY
The City intends to select one firm to provide Building and Safety services under the
administration of the Community Development Director, and to perform all of the items
listed in the Building and Safety Scope of Services. The proposal for Building and Safety
services shall be independent of a proposal for Engineering services, even though the City
may contract with one firm to provide both Building and Safety and Engineering services.
Code Compliance services are not now provided by contract and should be proposed as
an option.
The City recognizes that there may be questions prior to a qualified firm preparing its
proposal. A pre - proposal meeting is scheduled at , on April _, 2006, at Moorpark
City Hall, 799 Moorpark Avenue, Moorpark California, 93021; at which time Barry K.
Hogan, Community Development Director, will be available to answer questions related to
Building and Safety and Code Compliance services. The City's objective is to insure an
appropriate exchange of information to facilitate proposal submittals that meet the City's
requirements.
SCOPE OF SERVICES
Enforcing the provisions of the City's building laws and codes, providing plan checking
services, issuance of permits, keeping building permit records, performing inspections, and
Page 3 000045
acting as the City's Building Official are all a part of the Building and Safety services
requested. The following details are the full scope of services requested.
A. Perform the functions of the Building Official
1. Attendance at regular, special and /or adjourned meetings of the City Council
and Planning Commission as such is deemed necessary and upon request
of the Community Development Director, City Manager or his designee.
2. When requested, provide comment on land development controls, including
reports from other agencies.
3. When required, provide technical advice to City staff assigned to code
compliance and Building and Safety activities.
4. Establish working relationships and coordination with all other public
agencies and private utilities involving Building and Safety matters affecting
the City.
5. Attend meetings with City staff, public officials, community leaders,
developers, contractors, and the general public, including attendance at
countywide meetings of Building Officials.
6. Review and provide comment on regulations, fees and ordinances pertaining
to Building and Safety matters. Insure that all Building and Safety related
codes used by the City are consistent with and up to date with applicable
state and federal laws including, but not limited to, the Uniform Codes;
advise of need for and timing to update applicable codes and prepare such
updates and revisions to codes with recommendations for City Council
consideration.
7. Assemble and maintain such records as are customarily maintained by a City
Building and Safety Division in an organized fashion so that periodically such
records can easily be scanned for computer imaging and filing. Such
records shall at all times be the property of the City and shall be open for City
inspection.
8. Provide assistance in the preparation for legal and /or court actions, including
arbitration proceedings related to Building and Safety matters including
attendance at closed sessions and depositions, preparation of City's legal
and or arbitration case, attendance at court and arbitration proceedings.
9. Assist with preparation of annual Building and Safety budgets.
10. Maintain copies of the Flood Insurance Rate Maps (FIRM) in the Building
and Safety office for the convenience of the public.
11. Report to the City any public nuisances that are observed.
12. Implement as necessary and maintain computer hardware and software for
Building and Safety activities and reports compatible with the City's hardware
and software. Microsoft Office is the current software operating on a PC
based system.
Page 4
000046
13. Prepare and submit state required Strong Motion Instrumentation Fund
(SMIF) reports to City to allow for timely submission to the State.
14. Prepare and submit the required annual reports related to Building and
Safety activities to the State.
15. Provide financial reports, status reports and other documentation and
analysis as requested by the City Manager or his or her designee.
16. Prior to permit issuance, calculate and insure payment of all fees required to
be paid at the time of issuance of building permit, including but not limited to
police facilities, fire facilities, library facilities, tree and landscape fee and
general plan update fee.
17. On a monthly basis provide City, in a manner acceptable to the City, a
Reconciliation Report of all fees collected on behalf of the City. All fees
collected by consultant in carrying out the function as set forth in this Scope
of Services shall be collected in the name of the City. Consultant shall
employ reasonable record keeping measures acceptable to the City. On a
daily basis the consultant shall provide to the City the deposit receipt from
the prior business day. In addition, consultant shall inform the City's Finance
Department by 3:00 pm on each day in which the daily deposit is $50,000 or
more.
18. Provide computer hardware and software consistent with the City's network
for each company employee to the satisfaction of the City of Moorpark
Information Systems Division and Community Development Director.
19. Provide, at no charge to the City, plan check and inspection services for
building improvements of $10,000 or less on City property where the
improvements do not increase the building square footage.
B. Plan Checking
Provide the appropriate licensed engineer to review the plans prepared by or
on behalf of the various private developers for compliance with all applicable
Building and Safety related ordinances and codes of the City and provide the
same services for all public agency sponsored buildings for which the City
has jurisdiction.
2. At a minimum, the following turn around times shall apply:
a. Initial review - Within ten (10) business days after submission of a
completed set of plans.
b. Recheck — Within five (5) business days after submission of requested
changes.
C. Residential remodels and minor additions — Within five (5) business
days after submission of a completed set of plans.
3. Coordinate reviews and plan checks by other appropriate agencies including
but, not limited to those agencies having jurisdiction for enforcement of fire,
Page 5
000047
sanitation, health, water and sewer codes and services and Engineering
services for grading, soils and geology.
C. Building Permit and Inspection
Issue building permits at a minimum between the hours of 8:00 am and 5:00
pm of each work day. At least one (1) clerk or permit technician and one (1)
inspector or the Building Official shall be at the Building and Safety office
within the corporate boundaries of Moorpark from at least 8 :00 am to 5 :00
pm each work day and available by appointment unless otherwise approved
in writing by the Community Development Director.
2. Provide building inspection services, consistent with the approved plan(s),
laws and ordinances in effect at the time of building permit issuance, during
the course of construction of private structures and all public agency
sponsored buildings for which the City has jurisdiction.
3. Provide prompt inspection for each project at the completion of the various
stages of construction on a minimum of next -day basis as long as inspection
requests are made by 4:00 pm the previous day.
D. Building Rehabilitation Inspection
Diligently pursue a Building Rehabilitation Program to systematically enforce
the Building Rehabilitation portions of the City code for the purpose of
rehabilitating substandard properties and bringing about the timely demolition
or removal of those structures which are unsightly substandard or unsafe
beyond repair.
2. Enforce the Uniform Housing Code, Health and Safety Code Section 17000
et. al., and other applicable codes and ordinances pertaining to substandard
buildings and properties, and make such inspections and issue such permits
as are required.
E. Emergency Services
During a City declared emergency, consultant shall immediately make available the
Building Official and as many inspectors as needed to evaluate, report on structural
damage locations, magnitude and valuation, consistent with applicable codes,
ordinances and industry standards.
F. Other Services
Provide additional inspections and services as needed by the City including,
but not limited to, preparation of bid documents, contractor bid review, award
of contract, pre- construction conference, progress and final inspections,
monitor compliance with Davis /Bacon and other Federal regulations, project
management, plan check, and inspection services for City sponsored
projects.
Page 6 000048
2. The City may from time to time have the need for other services not
specifically listed in this Scope of Services for which the consultant has the
necessary experience and capabilities to provide such services. City may
authorize the consultant to perform such related services on an as- needed
basis.
G. Rental Inspection Program (Optional Proposal)
If the City adopts a Residential Rental Inspection Ordinance provide residential
inspection services to ensure that residential rental properties are not substandard
and meet minimum Uniform Housing Code, Health and Safety Code Section 17000
et. al., and other applicable codes and ordinances.
H. Code Compliance (Optional Proposal)
Provide Code Compliance staff to conduct code compliance services in accordance
with the City of Moorpark Code Compliance Work Program adopted by the City
Council including, but not limited to:
1. Conduct scheduled visits to the City's industrial, commercial and residential
neighborhoods to insure compliance with the Moorpark Municipal Code.
2. Conduct research, investigations and inspections of potential code violations
that are observed by code compliance staff, reported by City staff or public
officials, or reported by the general public.
3. Prepare necessary correspondence relating to code compliance cases and
maintain required code compliance logs, files and reports and other
administrative documents.
4. Assist in the development preparation of educational materials related to
code compliance issues.
5. Provide administrative support and coordination to the City Attorney on cases
to be prosecuted, and participate as a witness for the City in court actions
when necessary.
6. Participate in the development of public awareness materials, Managed
Enforcement/Neighborhood Development (MEND) program and other
community outreach programs.
III. ENGINEERING
The City intends to select one firm to perform municipal engineering services under the
administration of the City Engineer /Public Works Director, and to perform all of the items
listed in the Engineering Scope of Services. The proposal for Engineering Services shall
be independent of a proposal for Building and Safety Services.
The City recognizes that there may be questions prior to a qualified firm preparing its
Page 7
000049
proposal. A pre - proposal meeting is scheduled at , on April _, 2006, at Moorpark
City Hall, 799 Moorpark Avenue, Moorpark California, 93021; at which time Yugal K. Lall,
City Engineer /Public Works Director and Barry K. Hogan, Community Development
Director, will be available to answer questions related to Engineering services. The City's
objective is to insure an appropriate exchange of information to facilitate proposal
submittals that meet the City's requirements.
SCOPE OF SERVICES
A. Development Engineering
1. When requested by the City Engineer /Public Works Director, attend regular
and special City Council, Planning Commission meetings and meetings with
City staff, public officials, community leaders, developers, contractors, and
the general public.
2. Review and provide to the City Engineer /Public Works Director, general
comments and /or conditions on private and public development applications,
planning programs and land development controls, including reports from
other agencies.
3. When requested by the City Engineer /Public Works Director, provide general
technical advice on engineering and public works services.
4. Advise the City as to development engineering and construction financing
available from other governmental agencies.
5. Establish working relationships and coordination with all other public
agencies and private utilities involving development engineering matters
affecting City.
6. When required, analyze City's general needs and make general
recommendations pertaining to long and short-range maintenance and
improvement programs consistent with the economic capabilities of City.
7. When required, provide general engineering consultation in connection with
problems such as traffic engineering, traffic congestion, street signs, street
maintenance programs, flood control, etc.
8. When required, review and provide general comment on regulations, fees
and ordinances pertaining to engineering matters.
9. Provide comments pertaining to land development project control, including
scope of work on proposed General Plan amendments and updates to
various elements and Subdivision Map Act revisions.
10. Assemble, organize and maintain on site such records as are customarily
maintained by a municipal engineering office for its contracted functions.
Such records shall at all times be the property of the City and shall be open
for City inspection.
11. Cooperate with and respond to inquiries from City and its contractual firms
Page 8
000050
for investigating claims against the City and provide reports, statements
and /or other requested information in a timely manner.
12. Provide assistance in the preparation for legal and /or court actions related to
Development Engineering functions including attendance at closed sessions
and depositions, but excluding preparation for and attendance at court and
arbitration proceedings.
13. Provide general enforcement of Appendix Chapter 33 (Site Work, Demolition
and Construction) of the California Building Code.
14. Assist with preparation of annual development engineering, public works and
capital improvements budgets.
15. Maintain copies of the Flood Insurance Rate Maps (FIRM) in the Engineering
office for the convenience of the public and respond to general public
inquiries regarding the Flood Insurance Rate Map (FIRM).
16. Provide financial reports, documentation and analysis as requested by the
City Manager or his or her designee.
17. Respond to requests by City's internal and external auditors for information
regarding charges, fees, project costs or other services which are provided.
Maintain all records in conformance with generally accepted accounting
principles and the requirements of OMB Circular A -87.
18. On a weekly basis maintain the Engineering Permit Monitor of the status of
all engineering services and comply with all administrative procedures
established for preparation of reports and information for the City.
19. Advise City of availability for grant applications for funding from federal,
state, and regional agencies for traffic safety studies and improvements.
20. When requested, provide general advice to City's staff in connection with the
maintenance and operation of City's traffic signal facilities.
21. When requested by City, assist in communication with general public and
School District staff regarding traffic counts, signage, speeding and other
traffic enforcement concerns, signal warrants, pavement markings and
crosswalks, accident histories, Caltrans permits and improvement projects
and with potential developers regarding City approval process and any
potential project requirements.
22. Provide general guidelines to City staff regarding signing and striping
23. When requested, provide brief review of miscellaneous requests for traffic
related devices, improvements, preventative and /or corrective measures.
The foregoing does not include an engineering analysis, study, report,
resolution, exhibit or similar work effort.
24. Provide computer hardware and software consistent with the City's network
for each company employee to the satisfaction of the City of Moorpark
Information Systems Division and the City Engineer /Public Works Director.
Page 9 000051
B. Plan And Map Checking (Review)
1. Review and check land divisions, grading plans, and soils reports for
compliance with the Map Act, City ordinances, and sound engineering
practices.
2. Check all improvement plans for facilities under the jurisdiction of City,
prepared by private developers.
3. Establish performance and labor and material bond amounts when required
and require the posting of such securities and other development fees within
the proper time sequence of such development review.
4. It is the City's intent to have all plans be ready for permit issuance at the
conclusion of the third plan check. At a minimum, the following turn around
times shall apply:
a. First plan check — Within (20) business days after submission of a
completed set of plans.
b. Second plan check — Within (10) business days after submission of
requested changes.
C. Third plan check — Within (5) business days after submission of
requested changes.
C. Encroachment Permits
Receive, process, issue and provide construction observation for encroachment
permits.
D. Land Development Inspection (Construction Observation)
1. Provide field inspection during the construction of public works improvements by
private developers and at the proper time, recommend notices of completion
and, acceptance of the work including reports concerning exoneration of bonds
or other surety.
2. Report to the City Engineer /Public Works Director any obstructions, potholes,
unsafe traffic control signing or other easily observable public safety items that
may be observed in driving to and from the site of inspections.
E. Geology And Soils Engineering
Provide consulting geology and soils engineering specialties as part of A., B., C.,
and D. of this section. These services may be provided by using sub - consultants or
consultant's in -house personnel. If sub - consultants are used, indemnification and
insurance requirements shall be the same as those required by the proposer. Plan
check turnaround times for sub - consultants shall conform to the requirement for
Plan and Map Checking indicated in B.4. above.
Page 10 000052
F. Capital Improvement Projects
When requested, perform the following services:
Prepare plans, specifications and cost estimates for City projects.
2. Provide design survey; construction survey; and construction administration
and observation for City projects.
3. Provide special engineering reports regarding such matters as assessment
district formation, annexations, etc.
4. Check plans, specifications and cost estimate, and provide construction
administration and observation for City projects designed by others.
5. Process plans, specifications and permits through other agencies for review
and approval.
6. Other duties as assigned relating to traffic and transportation engineering.
G. Collection Of Fees From Applicants
All fees to be collected from any applicant in connection with the carrying out of the
functions as set forth in this RFP shall be collected in the name of the City. The
consultant shall employ record keeping measures acceptable to the City. If fees are
collected by the City, the consultant shall review the appropriate ordinances and fee
schedules in effect and shall provide to the persons designated by the City for
collection of fees, the amount of such fees to be collected.
IV. LIMITATIONS
A. All files, plans, reports and pertinent data or materials shall be the sole property of
the City of Moorpark and may not be used or reproduced in any form without the
explicit written permission of the City. All files shall be stored on -site or in a City
approved location and shall not be used for the private purposes of the consultant.
B. The proponent should expect to have access only to the public records and public
files of local government agencies in preparing the proposals or reports. No
compilation, tabulation, or analysis of data, definition or opinion, etc., should be
anticipated by the proponent from the agencies, unless volunteered by a
responsible official of those agencies.
C. This RFP does not commit the City to award a contract, to pay any costs incurred in
the preparation of the proposal to this request, or to procure or contract for services
or supplies. The City reserves the right at its sole discretion to accept or reject any
or all proposals received as a result of this request, to negotiate with any qualified
source, or to cancel in part or in its entirely, this RFP, if it is in the best interest of the
City to do so. The City may require the selected consultant to participate in
negotiations, and to submit such price, technical or other revisions of their proposals
as may result from negotiations.
Page 11
000053
D. Responses to this RFP should contain a statement as to what contractual
arrangements, if any, exist or have any time in the past existed between the
responding firm and the applicant.
E. The City is not liable for any costs incurred by the Consultant or their sub -
consultants in preparing the proposal.
V. PROPOSAL CONTENT /FORMAT
The organization of the proposal shall follow this general outline:
A. Introduction- An overall introduction to the proposal, the contents of which be
determined by the particular requirements of the consultant.
B. Qualifications — The following information shall be included in identifying the
proposed project team that will work on the scope of services-
Principal(s) of firm, the project team leader who will be responsible for the
overall administration of consultant's services and supervision of consultant's
project team members, project team members, and how long proposed
project team has worked together.
2. Experience of firm in providing requested scope of services, specifically
referencing similar consulting services to other agencies, particularly in
Ventura County, along with contact person for an agency that may provide
information regarding the firm's work.
3. A listing of other service agreements and references that the firm believes
would further support their qualifications for this assignment.
4. A listing of the firm's current projects, service agreements and clients.
Please note that the City's contract requirements do not allow the firm to
have clients that currently are processing development projects in the City of
Moorpark or have had projects in the City of Moorpark processed within the
last year.
5. A listing of all consultants /sub - consultants the firm proposes to utilize for
these services. The City reserves the right to approve or reject any member
of the consultant team, including sub - consultants proposed for these
services. After the proposal deadline, substitution of members of the project
team, including sub - consultants, may only be made by permission of the
City. Experience of each member of the project team, including sub -
consultants, should be identified, along with a list of relevant
services /projects /references demonstrating their qualifications for this work.
6. A listing of any pending or previous litigation over the past five years related
to firm's work in this area.
7. A statement that neither firm nor any officer or principal of the firm have any
Page 12 000054
interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services; that
they shall employ no person having such interest as an officer, employee,
agent, or subcontractor; that firm 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 partnerships and /or public agency(ies) owning
property and /or processing an entitlement application for property in the City
or its Area of Interest, now or within the past one (1) year; and that firm
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 of Moorpark and for a one -year time period
following termination of this Agreement.
C. Cost for Services - Provide a schedule for each service proposed. Please indicate
whether such cost is a one time fee or a deposit and indicate what portion of the fee
or deposit will go for the City's administrative costs. For example, building plan
check, inspection and permit issuance services shall be 60 percent of the cost of
the building permit with 40 percent to be used by the City for administration with the
60 percent covering all cost of staffing the public counter.
D. Program Management - An explanation of the program management system to be
used shall be identified, detailing the operating procedures to be employed and any
other management methods to be used to assure that that services are delivered
within the scheduled time frame and that quality will be maintained in the required
products.
E. Statement of Offer and Signature
The proposal shall be signed by an individual authorized to bind the
proponent, and shall contain a statement to the effect that the proposal is a
firm offer for a 60 -day (or more) period.
2. The proposal shall also provide the following information: name, title,
address and telephone number of individuals(s) with authority to negotiate,
and contractually bind the company and also who may be contacted during
the period of proposal evaluations.
VI. DUE DATE
The Consultant shall submit three (3) copies of the Qualifications and Proposal to:
Barry K. Hogan, Community Development Director
Community Development Department
City of Moorpark
799 Moorpark Avenue
Page 13 00 055
Moorpark, CA. 93021
TO BE RECEIVED NO LATER THAN 5:00 P.M., , 2006
VII. PROPOSAL EVALUATION AND SELECTION
Three copies of the Proposal must be received before 5:00 P.M., , 2006 by the
Community Development Director. Each proposal shall be dated and time stamped by
the City.
All proposals properly received will be evaluated by a Review Committee. The firms will be
ranked and interviews will be scheduled with the top - ranked firms, if determined necessary.
The firm(s) ranked as the most qualified to provide the requested services may be invited
to negotiate a final agreement. If an agreement is not reached, negotiations may be
terminated and commenced with the next most qualified firm.
Page 14
000056
RESOLUTION NO. 2004 -2165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ESTABLISHING
IMPROVEMENTS IN THE CODE COMPLIANCE WORK
PROGRAM
WHEREAS, the City Council is desirous of achieving
voluntary compliance with the Moorpark Municipal Code; and
WHEREAS, compliance with the Moorpark Municipal Code will
promote the public health, safety, welfare and aesthetics of the
city of Moorpark and have a positive affect upon property
values.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does
hereby adopt the Code Compliance Work Program as shown in
Exhibit A attached.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause ertified resolution to be
filed in the book of original r oluti0n .
PASSED AND ADOPTED
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments: Exhibit A
EXHIBIT 1 000057
Resolution No. 2004 -2165
Page 2
EXHIBIT A
CODE COMPLIANCE PROGRAM
Program Objective: The objective of this Code Compliance Program is to
create a clear, concise guide to achieve compliance with the Moorpark Municipal
Code. This Program is designed to promote code compliance through public
awareness.
Program Purpose: The Moorpark Municipal Code sets minimum property
maintenance standards for health, safety, welfare, aesthetics and compliance
with development standards and conditions of entitlement approvals. The Code
Compliance Officer will be assigned a structured schedule for visits to the City's
industrial, commercial and residential neighborhoods to insure compliance with
the Municipal Code in such areas as:
• Unkempt yards and overgrown vegetation
• Junk, litter, and debris /illegal dumping
• Storage of inoperable vehicles
• Unpermitted outdoor storage
• Abandoned or unsafe buildings
• General property maintenance issues (broken windows, deteriorated
roofs, hazardous properties, broken plaster, peeling paint)
• Excessive noise
• Illegal signs and banners
• Keeping of animals /farm animals in excess of allowed numbers
• Garage conversions
• Structures constructed without a City permit
• Grading without a City permit
• Adherence to entitlement permit conditions, if applicable
The Community Development Director is responsible for the Code Compliance
Program. The Director may designate other staff for supervision and
implementation of the Program.
000058
Resolution No. 2004 -2165
Page 3
Code Compliance Program
Page 2 or 5
The Work Program
This work program is divided into three major categories:
• Administration
• Public Awareness
• Prosecution
Please note that the attachments to this Work Program are shown as
representative examples and may be adjusted by staff to increase clarity and
efficiencies. The Director may issue additional procedures and guidelines to
implement and clarify as determined necessary.
Administration: The Community Development Director is responsible for and
administers the Code Compliance Program. In that regard a Code Compliance
Officer and assigned supervisor are the direct line staff responsible for the
implementation of the Code Compliance Program. Standard forms, letters and
documents are used to assure consistency in administration. These forms,
letters and documents are based upon four types, 1) Investigation Report, 2)
Compliance Request Letters, 3) Citations and 4) City Attorney Letter.
Investigation Report: The Investigation Report (Attachment 1) is used to
document the report of code compliance request and to document ongoing staff
actions. A request may be made by telephone; electronic mail; traditional mail; in
person or through a field contact; or by city staff, Council or an appointed
Committee or Commission member. The reporting party is confidential
information unless the investigation leads to the filing of a court case. In that
instance, the reporting party becomes part of the public record. Upon receipt of a
code compliance request, an Investigation Report is prepared. The purpose of
the Investigation Report is to document potential violation. Once the request
has been made it is logged in and the Officer schedules a field visit to ascertain if
a violation exists. If the Officer determines that a violation does not exist, the
complainant may be informed by telephone or by traditional mail. If a code
violation is determined, a Code Compliance Case Number will be assigned, a file
created, and a Notice of Violation sent to the property owner or responsible party.
Contact with the property owner or tenant may be made at the time of the field
investigation if the Director or supervisor has determined it to be necessary and
appropriate. The complainant may also be informed. All information will be
entered into the Code Compliance Log utilizing City approved software.
000059
Resolution No. 2004 -2165
Page 4
Code Compliance Program
Page 3 or 5
Compliance Request Letters: There are a series of form letters (Attachments 2
a, b, c, d, and e) which are used to inform property owners regarding Municipal
Code violation(s) and the progressive course of action to obtain voluntary
compliance. The Notice of Violation (see Attachment 2a) is initially sent to
indicate that a violation has been verified by the City and voluntary compliance is
requested by a specific date, generally within a thirty (30) calendar day time
period, depending upon the extent of the violation. A second Notice of Violation
may be sent, depending on the circumstances and the extent of the violations. If
compliance is achieved within the given period, or within an alternative time
period mutually agreed to after the first contact, a Notice of Compliance (see
Attachment 2b) is sent and the case is closed. If voluntary compliance is not
achieved, a Notice of Office Hearing (see Attachment 2c) is sent setting a date
for an Office Hearing, and reminding the responsible party that voluntary
compliance is desired. The Office Hearing purpose is to work out a plan of action
directly with the property owner in order to obtain compliance and to recover City
costs, where possible. A Follow -up letter (see Attachment 2d) is sent after the
Office Hearing, documenting the agreed to plan of action. If compliance is still
not obtained, a citation is issued, or permission to recommend filing of legal
action is requested from the City Council (See "Prosecution" below). If City
Council authorizes legal action, Notice of Pending Court Action (see Attachment
2e) is sent to the property owner, certified mail, return receipt requested.
Citations: The Citation process can effectively be used in cases of repeat
offenders, egregious violations, or non - static violations, such as vendors and
peddlers. When authorized by the Community Development Director, the Code
Compliance Officer may issue an infraction or misdemeanor citation, depending
on the violation. The maximum penalty for a misdemeanor violation is six
months in jail and /or a $1,000 fine. The court may impose probation in lieu of the
maximum penalty on condition that the violator remedies all existing code
violations. If the violator fails to comply with the Code within a reasonable period
of time after the citation, additional citations could be issued until compliance is
achieved. A conviction of a violation of the Moorpark Municipal Code may be
appealed through the court system.
City Attorney Letter: This letter (see Attachment 3) prepared by the City Attorney,
signals to the violator the final opportunity for compliance prior to prosecution.
This letter advises that the case has been turned over to the City Attorney, gives
a final compliance date, a warning that legal remedies will thereafter be sought,
and that a Notice of Violation will be recorded against the property to give
prospective future buyers constructive notice that a violation exists on the
property at the time of sale.
0000160
Resolution No. 2004 -2165
Page 5
Code Compliance Program
Page 4 or 5
Public Awareness: Violations of the Municipal Code occur due to at least two
factors, i.e. the laws are not clear or are not generally known. Pamphlets to
inform the public have been prepared, in English and Spanish, on specific topics
including, but not limited to garage conversions, property maintenance, grading,
signs, and temporary events. These pamphlets are available at City Hall public
counter, on the website, and through personal distribution. The City newsletter
may be used to advertise the availability of these pamphlets and periodically
publish articles on code compliance issues. The City cable channel may also be
used to provide information regarding code compliance.
Prosecution: When all administrative and awareness remedies have been
exhausted without achieving compliance; the case will be submitted to the
Community Development Director, who will confer with the City Manager and
City Attorney to evaluate the merits of a case prior to presenting it to the City
Council. If the City Council concurs with the findings of the Community
Development Director that the case should be pursued, the City Council will
make a determination as to whether to recommend that the City Attorney seek a
civil remedy (injunction, nuisance abatement, etc) or to submit the case to the
City Attorney for possible criminal prosecution.
The City Attorney will review the case to determine whether sufficient probable
cause exists prior to filing any criminal action and may also be authorized by the
City Council or City Manager to seek a Civil Compromise in lieu of a prosecution.
The Civil Compromise is a binding agreement between the City and the violator,
where the violator agrees to remedy the violation within a certain period of time
and reimburse the City for staff costs, attorney costs and other administrative
costs. After City Council's election to recommend a case for prosecution, the
Code Compliance Officer will prepare a draft complaint for the City Attorney to
review, revise and file with the Superior Court. Upon acceptance by the Superior
Court, an arraignment is scheduled. Prior to arraignment the Code Compliance
Officer, the City Attorney and the party responsible for the violations hold a
meeting to discuss the case. At the arraignment, the responsible party may
request a continuance to work out a plan of action with the City, plead guilty and
agree to a plan of action or, plead not guilty. In those circumstances when a not
guilty plea is entered, the case is held over for trial.
Future Programs
To increase public awareness, decrease code compliance calls, increase
efficiencies in code compliance the following programs are suggested:
000061
Resolution No. 2004 -2165
Page 6
Code Compliance Program
Page 5 or 5
• Public Awareness Refuse Bill Inserts: Under the recently approved refuse
contract the City has six (6) times a year when it may avail itself of
inserting information into the refuse bill. This program would periodically
insert public information regarding code compliance, such as awareness
of the two times per year that unlimited dumping at the landfill and the four
times per year that scheduled free pick up of large items may be arranged.
Greater awareness of this kind of refuse program may decrease the
amount of illegal dumping and property maintenance issues.
• Managed Enforcement/Neighborhood Development (MEND): MEND
would be implemented to maintain the quality of our neighborhoods.
Experience has shown that over time, if left unchecked, small problems
develop into major problems that can result in neighborhood decline. The
MEND Program is designed to identify problems and intervene early for
compliance. MEND would provide proactive awareness and compliance
within residential and commercial neighborhoods taking a coordinated
multi- agency approach focusing first on existing nuisance properties, one
neighborhood at a time. Representatives from Code Compliance, Police,
Fire, Building and Safety, Community Services and Public Works would
participate in the Program. Staff would develop an inspection schedule for
each residential, commercial and industrial neighborhood, eventually
covering the entire City. It should be noted that during the 1990's a similar
program was implemented but later abandoned due to budget constraints.
This program is not anticipated to be as staff intensive and would be
implemented within current staffing levels.
• Community Outreach: Community outreach would be a program to meet
with community groups at least annually to discuss the code compliance
process, the most common types of violations, ways to educate oneself on
what permits are required for various activities. The Code Compliance
Officer along with the Community Development Director or the Director's
representative would meet with homeowner association boards, the
Chamber of Commerce Board, merchant groups, service clubs and the
like on at least an annual basis to educate its members on what Code
Compliance is, how it works, and why it is beneficial to the City. Copies of
our business cards and other material such as Code excerpts and
pamphlets would be made available.
0000606
Resolution No. 2004 -2165
Page 7
Investigation Report
City of Moorpark
File# 1-2004 -
Community Development Department
Date:
Code Compliance Division
Received By:
Reporting Party:
Address:
Incident:
Location:
Property Owner:
Parcel Number:
Code Compliance Case File Opened Yes ❑ I No ❑ I File # C -2004-
Notes:
ATTACHMENT 1
000063
Resolution No. 2004 -2165
Page 8
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.d.mooroark.ca.us
July 10, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
On June 17 2003, staff received a complaint and confirmed property maintenance violations at
the above site, consisting of the following:
• Accumulations of trash, debris and solid waste;
• Unpermitted storage of inoperablelunregistered vehicles; and
• Overgrown weeds and vegetation.
These conditions constitute violations of Section 8.48.020 of the Moorpark Municipal Code
related to property maintenance. Your voluntary compliance is requested to resolve these
conditions. To achieve compliance without further action by the City, the following actions must
be completed by August 10, 2003.
1. Remove and dispose of all accumulations of trash, debris and solid waste from ali yard
areas and from within all the structures;
2. Remove all inoperable, non - functioning or unregistered vehicles, RV's and trucks from
the site; and
3. Abate and dispose of all accumulations of weeds and overgrown vegetation.
Your prompt attention to these conditions will avoid the need for further City action. If you have
further questions, please call me at (805) 517 -6232 or email me at mrilev Oci.mooroark.ca.us. If
you have not already received a copy of the Code section, you can obtain a copy at our public
counter or you can access our Code via the internet at www.ci.mooroark.ca.us . Thank you in
advance for your attention to this matter.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer It
C: Joseph F. Fiss, Principal Planner
File ATTACHMENT 2a
000064
Resolution No. 2004 -2165
Page 9
August 1, 2003
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529.8270
www.6.moorpark.ca. us
John and Jane Smith
123 Main Street
Moorpark, CA 93021
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C -2003 -999
Dear Mr. and Mrs. Smith
On July 10 2003, a Notice of Violation was sent to you regarding property maintenance violations
at the above - referenced site.
A recent inspection noted that you voluntarily complied with our request for action and the
violations have been cleared. We thank you for your prompt attention to this matter. The City of
Moorpark is committed to continuous neighborhood improvement and we appreciate your help
with this goal. Please consider this issue is resolved and the case closed.
If you have further questions, please call me at (805) 517 -6232 or email me at
mrilevO)ci. moorDark.ca. us.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Joseph Fiss, Principal Planner
File
ATTACHMENT 2b
000065
Resolution No. 2004 -2165
Page 10
August 15, 2003
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.6-momark.ca.us
John and Jane Smith
123 Main Street
Moorpark, CA 93021
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C -2003 -999
Dear Mr. and Mrs. Smith:
On July 10, 2003, staff sent you a notice regarding the property maintenance violations on your
residential property. An inspection of the site was performed prior to the August 10, 2003,
deadline for voluntary compliance, and it was found that compliance had not occurred. Since
compliance has not been met and no progress has been made toward compliance, the City is
prepared to recommend that the City Attorney initiate legal action by filing charges in Ventura
County Superior Court.
However; prior to filing charges, you are requested to attend an office hearing at Moorpark City
Hall at 4:00 pm, August 30, 2003, where you may provide a plan and schedule for voluntary code
compliance and to reimburse the City for administrative costs related to this case. If you can not
attend on this date, please call me at (805) 517 -6226 to schedule another time or date that would
be more convenient.
If you choose not to attend the hearing or have not complied with the Code by that date, the case
will be referred to the City Attorney for legal action.
Should you have any questions or wish to confirm your attendance at the office hearing, you may
contact me between 6:30 am and 9:30 am or between 4:30 pm and 5:30 pm Monday through
Friday, at (805) 517 -6226. Copies of the Municipal Code are available on the City's website at
www.ci.moorpark.ca.us or at the public counter at City Hall.
Sincerely,
Joseph Fiss
Principal Planner
C: Barry K Hogan, Community Development Director
Mario A. Riley, Sr. Code Compliance Officer tl
File
ATTACHMENT 2c
UOCOE6
Resolution No. 2004 -2165
Page 11
August 17, 2003
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark. California 93021 (805) 517 -6200 fax (805) 529.8270
www. ci, moorva rk. ca. us
John and Jane Smith
123 Main Street
Moorpark, CA 93021
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
On August 15, 2003, you attended an office hearing regarding the property maintenance
violations on your residential property. At that meeting, you agreed to the following voluntary
compliance actions:
• Overgrown weeds and vegetation will be removed by August 21, 2003;
• Accumulations of trash, debris and solid waste will be removed by August 31, 2003;
• $176.00 will be paid to the City of Moorpark by August 31, 2003, as reimbursement for
administrative costs incurred; and
• Inoperable /unregistered vehicles will be removed by September 30, 2003.
If there are any problems in meeting these agreed upon actions, please contact me as soon as
possible, so that we can arrange an alternative course of action. Voluntary compliance is always
our desire; however, if compliance is not achieved the City will recommend that the City Attorney
file charges in Ventura County Superior Court.
Should you have any questions, comments or concerns, you may contact me between 8:30 am and
9:30 am or 4:30 pm and 5:30 pm, Monday through Friday, at (805) 517 -6226.
Sincerely,
Joseph Fiss
Principal Planner
C: Bart' K. Hogan, Community Development Director
Mario A. Riley, Sr. Code Compliance Officer II
File
ATTACHMENT 2d
00006'7
Resolution No. 2004 -2165
Page 12
November 2, 2003
_ _CITY O_F M_ OORPA_RK_
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY -- CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 5176200 fax (805) 529-0270
www. ci. mooroa rk. ca. us
John and Jane Smith
123 Main Street
Moorpark, CA 93021
RE: NOTICE OF PENDING REFERRAL TO CITY ATTORNEY: PROPERTY
MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
The City has tried unsuccessfully, since July 10, 2003, to obtain your cooperation in resolving the
above referenced violations. As of November 1, 2003, there are still accumulations of trash,
debris and solid waste, unpermitted storage of inoperablefunregistered vehicles: and overgrown
weeds and vegetation at the site.
The City is preparing to refer the case to the City Attorney by December 1, 2003, unless all the
remaining violations are abated by that date. No extensions will be provided and this is your
FINAL notice.
The City intends to recommend that the City Attorney file charges in Ventura County Superior
Court. The City Attorney will seek restitution, probation and compliance orders.
Should you have any questions concerning this matter, you may contact me at (805) 517 -6256.
Sincerely,
Barry K. Hogan,
Community Development Director
C: Steven Kueny, City Manager
John Cotti, City Attorney
Joseph Fiss, Principal Planner
Mario A. Riley, Sr. Code Compliance Officer II
File
ATTACHMENT 2e
000068
Resolution No. 2004 -2165
Page 13
December 8, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
SUBJECT: Moorpark Municipal Code Violations at 123 Main Street
Case Number C -2003 -999
Dear Mr. and Mrs. Smith,
DJI.AND EMPM OFFICE
3403 TENTH STREET. SUITE 300
IU VFJI.SIDE, CALIFORNIA 92M 1 -3629
Td: (909) 788-0100
Fu (909) 7W5785
VEN'R1RA COUNTY OFFICE
2310 EAST FONDF"SA DRIVE, SURE 25
CAMARIL -O, CALIFORNIA 930101747
Tel (805) 987 -3468
Fu (105)482 -9131
OUR FlU NO
01234 -0001
This office represents the City of Moorpark as its City Attorney. It has come to
our attention that you are maintaining the above - referenced property in Violation of
Moorpark Municipal Code section 8.48.020.
As part of the City's ongoing efforts to improve the character and aesthetic
quality of the City by working with property and business owners, the City staff first
contacts individuals who may be in violation and attempts to resolve such matters
informally. Where, as here, repeated efforts by City staff have proved unsuccessful, this
office has been called in to seek compliance before pursuing legal remedies.
Therefore, the City of Moorpark requests that you take immediate action to rectify
the following:
ATTACHMENT 3
000069
LAW OFFICES
BURKE, WILLIAMS & SORENSEN$ LLP
ORANGE COUNTY OFFICE
611 WEST SIXTH STREET, SUITE 2500
11301 VON KARMAN. SUITE 1050
IRVINE. CALIFORNIA 92612 -1009
LOS ANGELES, CALIFORNIA 90017 -3102
Tel (949) 8634363
Fu. (949) 863 -3350
Tel: (213) 236 -0600
Fax: (213) 236 -2700
www.bwslaw.com
SAN DIEGO OFFICE
SAN FRANCISCO OFFICE
402 WEST BROADWAY, SURE 810
450 SANSONE STREET. SURE 1200
SAN DIEGO, CALIFORNIA 92101455)
SAN FRANCISCO, CALIFORNIA 94111.3320
Td• (619) 6156672
Tel (415) 955-1 I60
Fu' (619) 615 -6673
Fu (415) 981.0824
Wrua's Diem Owl
(213) 236.0600
maw@bws4w o m
December 8, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
SUBJECT: Moorpark Municipal Code Violations at 123 Main Street
Case Number C -2003 -999
Dear Mr. and Mrs. Smith,
DJI.AND EMPM OFFICE
3403 TENTH STREET. SUITE 300
IU VFJI.SIDE, CALIFORNIA 92M 1 -3629
Td: (909) 788-0100
Fu (909) 7W5785
VEN'R1RA COUNTY OFFICE
2310 EAST FONDF"SA DRIVE, SURE 25
CAMARIL -O, CALIFORNIA 930101747
Tel (805) 987 -3468
Fu (105)482 -9131
OUR FlU NO
01234 -0001
This office represents the City of Moorpark as its City Attorney. It has come to
our attention that you are maintaining the above - referenced property in Violation of
Moorpark Municipal Code section 8.48.020.
As part of the City's ongoing efforts to improve the character and aesthetic
quality of the City by working with property and business owners, the City staff first
contacts individuals who may be in violation and attempts to resolve such matters
informally. Where, as here, repeated efforts by City staff have proved unsuccessful, this
office has been called in to seek compliance before pursuing legal remedies.
Therefore, the City of Moorpark requests that you take immediate action to rectify
the following:
ATTACHMENT 3
000069
Resolution No. 2004 -2165
Page 14
1. Remove and dispose of all accumulations of trash, debris and solid waste from all
yard areas and from within all the structures as required by Moorpark Municipal
Code § 8.48.020.
2. Remove all inoperable, non - functioning or unregistered vehicles, RV's and trucks
from the site as required by Moorpark Municipal Code § 8.48.020.
3. Abate and dispose of all accumulations of weeds and overgrown vegetation as
required by Moorpark Municipal Code § 8.48.020.
If the above violations have already been corrected, please contact Officer Mario
Riley, Moorpark Code Compliance Division, at (805) 517 -6232 to schedule an inspection
date to confirm that the above corrections have been completed.
Please be advised, however, that if you fail to bring the property into compliance
by January 7, 2004, the city will have no alternative but to pursue further legal remedies.
Such remedies may include filing a criminal complaint against you pursuing a nuisance
abatement action in which all fees and costs incurred by the City, including attorneys'
fees, may be imposed as a lien upon your property; or seeking an injunction from court.
Your prompt attention to this matter is greatly appreciated. Again, please contact
Officer Riley, Moorpark Code Compliance Division, at (805) 517 -6232 on or before
January 7, 2004, to confirm that the above violations have been corrected.
Sincerely,
For BURKE, WILLIAMS & SORENSEN, LLP
cc: Joseph M. Montes, City Attorney
Steven Kueny, City Manager
Barry K. Hogan, Community Development Director
Joseph Fiss, Principal Planner
Mario Riley, Code Compliance Officer
ATTACHMENT 3
000070
Resolution No. 2004 -2165
Page 15
STATE OF CALIFORNIA }
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of
perjury that the foregoing Resolution No. 2004 -2165 adopted
by the City Council of the City of Moorpark at a regular
meeting held on the 4th of February, 2004, and that the
same was adopted by the following vote:
AYES: Councilmembers Harper,
Parvin and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Mikos, Millhouse,
WITNESS my hand and the official seal of said City
this 4th day of February, 2004.
�j)�S'
Deborah S. Traffenste , City Clerk
(seal)
00007 1
PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MOORPARK AND
FOR
THIS AGREEMENT, made and entered into this day of ,
2006, by and between the City of Moorpark, a Municipal Corporation located in the
County of Ventura, State of California, hereinafter referred to as "CITY" and
, hereinafter referred to as "CONSULTANT."
WITNESSETH
WHEREAS, CITY has the need for certain
services; and
WHEREAS, CITY desires to contract for such services with a private consultant
in anticipation that said private consultant can provide such services in a manner
acceptable to the CITY; and
WHEREAS, the CONSULTANT is experienced in providing such services for
municipal corporations and is able to provide personnel with the proper experience and
background to carry out the duties involved; and
WHEREAS, CITY wishes to retain the CONSULTANT for the performance of
said services;
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
CITY does hereby appoint CONSULTANT in a contractual capacity to perform certain
functions of , and to perform the services in accordance with the
terms and conditions hereinafter set forth in Exhibit "A ".
I. COMPENSATION TO CONSULTANT
The fees in full Compensation to the CONSULTANT for the services rendered shall be
as follows:
Payment to the CONSULTANT shall be made by CITY within thirty (30) days of receipt
of invoice, except for those which are contested /questioned and are returned by CITY,
with written explanation within thirty (30) days of receipt of invoice.
II. TERMINATION
This Agreement may be terminated by the CONSULTANT only by providing CITY with
written notice no less than ninety (90) days in advance of such termination. This
Professional Services Agreement Page 1
EXHIBIT 2
0001017 2
Agreement may be terminated with or without cause by CITY at any time with no less
than thirty (30) days written notice of such termination. In the event of such termination,
the CONSULTANT shall be compensated for such services up to the date of
termination. Such compensation for work in progress would be pro -rated as to the
percentage of progress completed at the date of termination.
III. INDEMNIFICATION
A. Indemnification for Professional Liability. When the law establishes a professional
standard of care for Consultant's Services, to the full extent permitted by law,
CONSULTANT shall indemnify, protect, defend and hold harmless CITY and any and all
of its officials, employees, and agents ( "Indemnified Parties ") from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same as caused in whole or in part by any negligent or wrongful act, error
or omission of CONSULTANT, its officers, agents, employees, subconsultants,
contractors and subcontractors (or any entity or individual that CONSULTANT shall
bear the legal liability thereof) in the performance of professional services under this
Agreement.
B. Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law,
CONSULTANT shall indemnify, defend and hold harmless CITY, and any and all of its
officials, employees, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by
CONSULTANT or by any individual or entity for which CONSULTANT is legally liable,
including but not limited to officers, agents, employees, subconsultants, or contractors
and subcontractors of CONSULTANT.
C. Indemnification for Employee Benefits. CONSULTANT shall indemnify, defend
and hold harmless CITY, and any and all of its officials, employees, and agents from
and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part,
to any claims related to employee benefits, retirement benefits by any individual or
entity for which CONSULTANT is legally liable, including but not limited to officers,
agents, employees, subconsultants, or contractors and subcontractors of
CONSULTANT, including if such case if filed and lost.
D. General Indemnification Provisions. CONSULTANT agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subconsultant, contractor and subcontractor, or any other person
or entity involved by, for, with, or on behalf of CONSULTANT in the performance of this
Professional Services Agreement Page 2
000073
agreement. In the event CONSULTANT fails to obtain such indemnity obligations from
others as required here, CONSULTANT agrees to be fully responsible according to the
terms of this section. Failure of CITY to monitor compliance with these requirements
imposes no additional obligations on CITY and will in no way act as a waiver of any
rights hereunder. This obligation to indemnity and defend CITY as set forth here is
binding on the successors, assigns or heirs of CONSULTANT and shall survive the
termination of this agreement or this section.
E. City does not and shall not waive any rights that it may have against
CONSULTANT by reason of this Section, because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement. The hold harmless and indemnification provisions shall apply regardless of
whether or not said insurance policies are determined to be applicable to any losses,
liabilities, damages, costs and expenses described in Paragraphs A and B of this
Section.
IV. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit C attached to and part of this
agreement.
V. GENERAL CONDITIONS
A. CONSULTANT covenants that neither they nor any officer or principal of their
firm have any interests, nor shall they acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the performance of their services hereunder.
CONSULTANT further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
CONSULTANT further covenants that CONSULTANT has not contracted with nor is
performing any services directly or indirectly, with the developer(s) and /or property
owner(s) and /or firm(s) and /or partnerships and /or public agency(ies) owning property
and /or processing an entitlement application for property in the City or its Area of
Interest, now or within the past one (1) year, and further covenants and agrees that
CONSULTANT 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 of Moorpark and for a one -year time period following termination
of this Agreement.
B. CITY shall not be called upon to assume any liability for the payment of any
salary, wage or other compensation to any person employed by the CONSULTANT
performing services hereunder for CITY.
C. The CONSULTANT is and shall at all times remain as to the CITY a wholly
independent contractor. Neither the CITY nor any of its officers, employees or agents
shall have control over the conduct of the CONSULTANT or any of the
Professional Services Agreement Page 3
0000 ( 4
CONSULTANT'S officers, employees or agents, except as herein set forth. The
CONSULTANT shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner employees of the CITY. Nothing
contained in this Agreement shall be deemed, construed or represented by the CITY or
the CONSULTANT or by any third person to create the relationship of principal or agent,
or of a partnership, or of a joint venture, or of any other association of any kind or nature
between the CITY and the CONSULTANT.
D. In the event of termination of this Agreement, all original documents, plans,
designs, drawings, inspection reports, logs, diskettes, computer files, notes and other
related materials prepared or obtained in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the CITY.
Upon written request from the CITY, the CONSULTANT shall deliver in good condition
and in a manner prescribed by the CITY all such property within ten (10) working days
of the request.
E. The CONSULTANT will provide a Moorpark telephone number to allow calls to
their Home office (if outside the local Moorpark calling area) at no charge to the calling
party for calls from the Moorpark area. The CONSULTANT will pay for the installation
and monthly costs for this service. CITY may cancel this service at any time. The
CONSULTANT may cancel the service only with the concurrence of the CITY.
F. The CONSULTANT shall provide at its own expense for the duration of this
Agreement, office space within the corporate boundaries of Moorpark at a location and
size acceptable to CITY to insure convenient service to the public. The CONSULTANT
shall also furnish the office at its sole expense, including all necessary typical business
office equipment including but not limited to filing cabinets, telephone, desks, chairs and
computer hardware and software. In the event CITY, at its sole discretion, decides to
provide office space to the CONSULTANT at City Hall or other CITY owned or leased
facilities, the CONSULTANT shall rent from the CITY an approximate 960 square foot
area at the same rate at which the CONSULTANT is then paying to rent or lease the
office space referenced above. CITY shall provide no less than one hundred eighty
(180) days written notice of its intent to exercise this option.
G. The CONSULTANT shall have its office within the corporate boundaries of
Moorpark continuously open to the public for the issuance of permits and other related
services between the hours of 8:00 a.m. and 5:00 p.m. each workday and shall observe
the same holidays as the CITY, unless otherwise approved in writing by the City
Manager.
H. During the term of this contract, and for a period of six (6) months after the term
of this contract, CONSULTANT agrees not to solicit, recruit, or contact any City
employee for purposes of hiring such employee or for purposes of retaining such
employee to work for CONSULTANT as a consultant. CONSULTANT agrees that if any
City employee submits an unsolicited application for employment or consulting work to
CONSULTANT and CONSULTANT hires such City employee as an employee or
consultant, CONSULTANT shall pay to City a fee of Seventy -five Thousand Dollars
($75,000.00) to compensate City for costs associated with recruitment of a replacement,
Professional Services Agreement Page 4
UoUU * 5
training, temporary interim employees, and other related expenses.
I. Cases involving a dispute between the CITY and the CONSULTANT may be
decided by an arbitrator if both sides agree in writing, with costs proportional to the
judgment of the arbitrator.
J. 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 of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
TO:
Either party may, from time to time, by written notice to the other, designate a different
address which shall be substituted for the one above specified. Notices, payments and
other documents shall be deemed delivered upon receipt by personal service or upon
deposit in the United States mail.
K. This Agreement constitutes the entire agreement of the parties concerning the
subject matter hereof and all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended in any way except by a
writing expressly purporting to be such an amendment, signed and acknowledged by
both of the parties hereto.
L. 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.
M. 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.
N. In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
Professional Services Agreement Page 5
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O. This Agreement is made, entered into, executed and is to be performed in
Moorpark, 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.
P. The captions and headings of the various Articles and Paragraphs of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles and Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual in responsible charge for the performance of the duties set forth herein
shall be I and shall be titled
Upon mutual written agreement of the parties, other individuals may be substituted in
the above capacity as in responsible charge.
In the event of a vacancy in the position of the City, the City Manager
may appoint an employee or officer of CONSULTANT as CONSULTANT
agrees to perform the responsibilities of CONSULTANT consistent with the terms of this
Agreement and applicable state law.
V. IMPLEMENTATION
The CITY shall provide the CONSULTANT with written notice in advance of the date at
which these services are to be implemented if different than the date of the Agreement.
ATTACHMENTS:
1. EXHIBIT A — Insurance
2. EXHIBIT B — Scope of Work
3. EXHIBIT C — Compensation
(Signature Page Follows)
Professional Services Agreement Page 6
000077
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the duly authorized officers the day and year first above written in this
Agreement.
CITY OF MOORPARK CONSULTANT
Patrick Hunter
Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
Professional Services Agreement Page 7
0000"t 8
EXHIBIT "A"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, CONSULTANT will
maintain insurance in conformance with the requirements set forth below.
CONSULTANT will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here. CONSULTANT
agrees to amend, supplement or endorse the existing coverage to do so.
CONSULTANT acknowledges that the insurance coverage and policy limits set forth in
this section constitute the minimum amount of coverage required. Any insurance
proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
CONSULTANT shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "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
$2,000,000 per occurrence.
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 that $1,000,000 per accident. If CONSULTANT owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If CONSULTANT or CONSULTANT's employees will use
personal autos in any way on this project, CONSULTANT shall provide evidence of
personal auto liability coverage 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. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
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 City for injury to employees of
CONSULTANT, contractors and subcontractors or others involved in the Work. The
scope of coverage provided is subject to approval of City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
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$2,500,000 per occurrence for commercial general liability insurance.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the CONSULTANT and "Covered Professional Services" as designated in
the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of
this agreement.}
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the staff of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by CONSULTANT- -
CONSULTANT and City agree to the following with respect to insurance provided by
CONSULTANT:
1. CONSULTANT agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its
officials, employees, servants, agents, and independent consultants ( "City
indemnities "), using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit CONSULTANT, or CONSULTANT's employees, or agents,
from waiving the right of subrogation prior to a loss. CONSULTANT
agrees to waive subrogation rights against 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 CONSULTANT 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 operations limits the application of
such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City' and approved of 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 any contractor
or subcontractor.
Professional Services Agreement Page 9
000080
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City', as the need arises.
CONSULTANT shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that
may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to CONSULTANT's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in
the event such insurance is canceled at any time and no replacement
coverage is provided, 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 City
shall be charged to and promptly paid by CONSULTANT or deducted from
sums due CONSULTANT, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. CONSULTANT agrees to require its
insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by CONSULTANT or any subconsultant,
is intended to apply first and on a primary, non - contributing basis in
relation to any other insurance or self insurance available to City.
10. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the project, who is brought onto or involved in the project by
CONSULTANT, provide the same minimum insurance coverage required
of CONSULTANT. CONSULTANT agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section.
CONSULTANT agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City
for review.
11. CONSULTANT agrees not to self- insure or to use any self- insured
retentions or deductibles on any portion of the insurance required herein
and further agrees that it will not allow any contractor, subcontractor, or
other entity or person in any way involved in the performance of work on
the project contemplated by this agreement to self- insure its obligations to
City. If CONSULTANT's existing coverage includes a deductible or self -
insured retention, the deductible or self- insured retention must be declared
to the City. At that time the City shall review options with the
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0001061
CONSULTANT, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or
other solutions.
12. The City' reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
CONSULTANT ninety (90) days advance written notice of such change. If
such change results in substantial additional cost to the CONSULTANT,
the City will negotiate additional compensation proportional to the
increased benefit to City.
13. For purposes of applying insurance coverage, only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. CONSULTANT acknowledges and agrees that any actual or alleged
failure on the part of City to inform CONSULTANT of non - compliance with
any insurance requirement in no way imposes any additional obligations
on City nor does it waive any rights hereunder in this or any other regard.
15. CONSULTANT will renew the required coverage annually as long as 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 City executes a written statement to that
effect.
16. CONSULTANT shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from CONSULTANT's insurance
agent to this effect is acceptable. A certificate of insurance and /or
additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of CONSULTANT under this agreement. CONSULTANT
expressly agrees not to use any statutory immunity defenses under such
laws with respect to 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
Professional Services Agreement Page 11
0 00082
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 with or impairs the provisions of this Section.
21. CONSULTANT agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to
charge City or CONSULTANT for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any
third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts
with respect thereto.
22. CONSULTANT agrees to provide immediate notice to City of any claim or
loss against CONSULTANT arising out of the work performed under this
agreement. 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 City.
Professional Services Agreement Page 12
000083
EXHIBIT "B"
SCOPE OF WORK
Professional Services Agreement Page 13
000004
EXHIBIT "C"
COMPENSATION
PERSONNEL SERVICES RATES
Professional Services Agreement Page 14
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this t 5 tk day of
A uIaLj- 5-L7 2005, by and between the City of Moorpark, a
Municipal Corporation located in the County of Ventura, State of
California, hereinafter referred to as "CITY" and Charles Abbott
Associates, Inc., a California Corporation, hereinafter referred to as
"CONSULTING ENGINEER."
WITNESSETH
WHEREAS, CITY has the need for certain municipal engineering
services; and
WHEREAS, CITY desires to contract for such services with a
private consultant in anticipation that said private consultant can
provide such services in a manner acceptable to the CITY; and
WHEREAS, the CONSULTING ENGINEER is experienced in providing such
services for municipal corporations and is able to provide personnel
with the proper experience and background to carry out the duties
involved; and
WHEREAS, this Agreement supersedes the Agreement for City
Engineering Services between the City of Moorpark and Charles Abbott
Associates, Inc.,(CAA), dated March 1, 1991 and any amendments
thereto; and
WHEREAS, CITY wishes to retain the CONSULTING ENGINEER for the
performance of said services;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
CITY does hereby appoint CONSULTING ENGINEER in a contractual capacity
to perform certain functions of a municipal engineering office, and to
perform the services in accordance with the terms and conditions
hereinafter set forth in Exhibit "A ".
I. COMPENSATION TO CONSULTING ENGINEER
The fees in full Compensation to the CONSULTING ENGINEER for the
services rendered shall be as follows:
A. General Services
For the services set forth in Exhibit "A ", Section A, these functions
shall be provided at no cost except those items of work determined by
Agreement for Engineering Services
City of Moorpark and Charles Abbott Associates, Inc. CC ATTACHMENT 2 Page 1
000086
the City Manager or his or her designee to encompass a level of effort
necessitating additional compensation. Such items of work shall be
authorized by a written Additional Services Authorization (ASA) signed
by the City Manager or by his or her designee.
B. Plan and Map Checking (Review)
For services provided as described in Exhibit "A ", Section B, a
seventy percent (70 %) fixed fee, of the then current fees collected by
the CITY. Progress payments shall be made accordingly:
Fifty percent (50 %) of fee upon completion of the first plan check
review; an additional twenty -five percent (25 %) upon completion of the
second plan check review; an additional twenty -five percent (25 %) upon
completion of the final plan check review and signed approval by the
City Engineer or such other City employee designated by the City
Manager.
C. Land Development Review
For services as described in Exhibit "A ", Section C, review and
conditioning of tentative maps, development plans, general plan
amendments, zone changes and similar projects will be provided for a
fee consistent with the schedule of fees adopted by the Moorpark City
Council. For projects requiring special, hydrological, geological, or
extra traffic engineering or other analysis beyond the usual review,
the Consulting Engineer shall receive additional compensation for
actual cost for preparation or review of such analysis. For such
service, the Consulting Engineer shall provide City with a quotation
and shall not proceed until written approval is granted. Determination
on whether a project requires special or extra traffic engineering
analysis shall be made by the City Manager or his or her designee
after consultation with the City Engineer and the Community
Development Director. The environmental checklist for a project will
be used as a guide on this determination. The services provided by the
Consulting Engineer pursuant to this Paragraph C. shall be performed
in a timely manner to allow City compliance with the processing
requirements of the Permit Streamlining Act.
D. Public Works Encroachment Permits
For services provided in Exhibit "A ", Section D, processing and
issuance of public works encroachment permits, a seventy percent (70 %)
fixed fee, of the then current fees collected by the CITY. Payment is
to be made based upon the fees collected during each calendar month.
E. Land Development Inspection (Construction Observation)
For services provided as described in Exhibit "A", Section E, a
seventy percent (70 %) fixed fee, of the then current fees collected by
the CITY. Progress payments shall be made according to the then
current hourly fee schedule, not to exceed 95 percent of the total
Agreement for Engineering Services
City of Moorpark and Charles Abbott Associates, Inc. Page 2
000087
fee, until recommendation of final acceptance of the project is made
by the Consulting Engineer to the City Engineer (in the event the City
Engineer is not a City employee, then the City Manager or his or her
designee), at which time the remainder of the fixed fee shall be paid.
F. The Hourly Rates of the CONSULTING ENGINEER shall be as provided
in Exhibit "B ".
The hourly fee rates for services provided pursuant to Paragraphs C.,
D., E., and F. of this Agreement shall be those contained in Exhibit
"B ". Said rates may be adjusted November 1, 2005 and each subsequent
November 1 as follows:
The CONSULTING ENGINEER shall notify the CITY in writing at least
forty -five (4S) days prior to November 1 of the proposed changes in
said hourly rates. The proposed change shall not exceed the lesser of
seven percent (7 %) or the change to the Consumer Price Index, using
the U.S. City Average for All Urban Consumers All Items Indexes for
the previous 12 month period (August to previous August) . Said changes
consistent with the above limits shall become effective November 1
unless CITY notifies the CONSULTING ENGINEER in writing of its
rejection of the intended changes in hourly rates. Said hourly rates
may not be increased more often than once in any twelve month period.
Proposed changes in excess of the above limits must be requested in
writing at least forty -five (4S) days prior to the proposed effective
date and requires a decision of the City Council to approve, deny or
modify said changes in rates.
G. Payment to the CONSULTING ENGINEER shall be made by CITY within
thirty (30) days of receipt of invoice, except for those which are
contested /questioned and are returned by CITY, with written
explanation within thirty (30) days of receipt of invoice.
II. TERMINATION
This Agreement may be terminated by the CONSULTING ENGINEER only by
providing CITY with written notice no less than ninety (90) days in
advance of such termination. This Agreement may be terminated with or
without cause by CITY at any time with no less than thirty (30) days
written notice of such termination. In the event of such termination,
the CONSULTING ENGINEER shall be compensated for such services up to
the date of termination. Such compensation for work in progress would
be pro -rated as to the percentage of progress completed at the date of
termination.
III. GENERAL CONDITIONS
A. The CONSULTING ENGINEER shall provide no services for any private
client who has a project which is subject to review or inspection by
the CITY during the period that this Agreement is in effect. The
CONSULTING ENGINEER agrees to advise CITY in writing of potential
services to be provided to public agency and /or utility clients within
Agreement for Engineering Services
City of Moorpark and Charles Abbott Associates, Inc. Page 3
000088
the corporate boundaries of the CITY and /or the CITY'S Sphere of
Influence and /or Area of Interest before submitting any proposal to
perform such services and prior to proceeding with any such services.
B. CITY shall not be called upon to assume any liability for the
payment of any salary, wage or other compensation to any person
employed by the CONSULTING ENGINEER performing services hereunder for CITY.
C. The CONSULTING ENGINEER is and shall at all times remain as to
the CITY a wholly independent contractor. Neither the CITY nor any of
its officers, employees or agents shall have control over the conduct
of the CONSULTING ENGINEER or any of the CONSULTING ENGINEER'S
officers, employees or agents, except as herein set forth. The
CONSULTING ENGINEER shall not at any time or in any manner represent
that it or any of its officers, employees or agents are in any manner
employees of the CITY. Nothing contained in this Agreement shall be
deemed, construed or represented by the CITY or the CONSULTING
ENGINEER or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of
any other association of any kind or nature between the CITY and the
CONSULTING ENGINEER.
D. In the event of termination of this Agreement, all original
documents, plans, designs, drawings, inspection reports, logs,
diskettes, computer files, notes and other related materials prepared
or obtained in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the CITY.
Upon written request from the CITY, the CONSULTING ENGINEER shall
deliver in good condition and in a manner prescribed by the CITY all
such property within 10 working days of the request.
E. The CONSULTING ENGINEER shall hold harmless, indemnify and defend
the CITY and its officers, employees, servants and agents and
independent contractors who serve in the role of City Manager, City
Clerk, Community Development Director, Public Works Director, City
Engineer, or City Attorney from any claim, demand, damage, liability,
loss, cost or expense, for any damage whatsoever, including but not
limited to death or injury to any person and injury to any property
resulting from the misconduct, negligent acts, errors or omissions of
the CONSULTING ENGINEER or any of its officers and employees in the
performance of this Agreement, except such damage as is caused by the
negligence of the CITY or any of its officers, employees, servants or agents.
The CITY does not, and shall not, waive any rights that it may have
against the CONSULTING ENGINEER by reason of this Paragraph E, because
of the acceptance by the CITY, or the deposit with the CITY, of any
insurance policy or certificate required pursuant to this Agreement.
Said hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are determined to
be applicable to the claim, demand, damage, liability, loss, cost or
expense described in Paragraph E hereof.
Agreement for Engineering Services
City of Moorpark and Charles Abbott Associates, Inc. � aye 4
F. The CONSULTING ENGINEER shall secure from a good and responsible
company or companies doing insurance business in the State of
California, pay for, and maintain in full force and effect for the
duration of this Agreement the policies of insurance required by this
Article and shall furnish to the City Clerk of the City certificates
of said insurance on or before the commencement of the term of this
Agreement. Notwithstanding any inconsistent statement in any of said
policies or any subsequent endorsement attached thereto, the
protection offered by the policies shall;
1. Name the CITY and its officers, employees, servants and agents
and independent contractors who serve in the role of City Manager,
City Clerk, Community Development Director, Public Works Director,
City Engineer, or City Attorney, as additional insured with the
CONSULTING ENGINEER.
2. Insure the CITY and its officers, employees, servants and agents
and independent contractors who serve in the role of City Manager,
City Clerk, Community Development Director, Public Works Director,
City Engineer or City Attorney, while acting in the scope of their
duties under this Agreement against all claims, demands, damages,
liabilities, losses, costs or expenses arising from, or in any way
connected with, the performance of this Agreement by the CONSULTING
ENGINEER or the CITY.
3. Bear an endorsement or have attached a rider whereby it is
provided that, in the event of cancellation or amendment of such
policy for any reason whatsoever, the CITY shall be notified by mail,
postage prepaid, not less than thirty (30) days before the
cancellation or amendment is effective. The CONSULTING ENGINEER shall
give CITY thirty (30) days written notice prior to the expiration of
such policy.
4. Be written on an occurrence basis unless a Claims Made policy is
approved in writing by the CITY. If a Claims Made Basis policy is
approved by the CITY, The CONSULTING ENGINEER shall provide total
coverage for any claim that may be filed pursuant to statute or court
action after expiration of the Claims Made Basis policy in an amount
consistent with the provisions of Paragraphs G. and H.
G. Consistent with the provisions of Paragraph F, the CONSULTING
ENGINEER shall provide general public liability including automobile
liability and property damage insurance in an amount not less than Two
Million Dollars ($2,000,000.00) per occurrence and annual aggregate.
H. Consistent with the provisions of Paragraph F.2 and F.3, the
CONSULTING ENGINEER shall provide professional liability insurance in
an amount not less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate. In the event the amount of
professional liability insurance provided to another public agency
client of the CONSULTING ENGINEER is more than One Million Dollars
($1,000,000.00), this same coverage shall be extended to CITY so long
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City of Moorpark and Charles Abbott Associates, Inc. Page 5
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as it can be provided at no additional cost to the CONSULTING
ENGINEER. The CONSULTING ENGINEER shall give CITY thirty (30) days
written notice of intent to provide professional liability insurance
in excess of One Million Dollars ($1,000,000.00) to another public
agency client and offer the same coverage to CITY at CITY'S expense.
I. Consistent with the provisions of this Agreement, the CONSULTING
ENGINEER shall provide workers' compensation insurance as required by
the California Labor Code. If any class of employees engaged by the
ENGINEER in work under this Agreement is not protected by the workers'
compensation law, the CONSULTING ENGINEER shall provide adequate
insurance for the protection of such employees to the satisfaction of
the CITY.
J. The CONSULTING ENGINEER shall not assign this Agreement, or any
of the rights, duties or obligations hereunder. It is understood and
acknowledged by the parties that the CONSULTING ENGINEER is uniquely
qualified to perform the services provided for in this Agreement.
K. The CONSULTING ENGINEER will provide a Moorpark telephone number
to allow calls to their Torrance office at no charge to the calling
party for calls from the Moorpark area. The CONSULTING ENGINEER will
pay for the installation and monthly costs for this service. CITY may
cancel this service at any time. The CONSULTING ENGINEER may cancel
the service only with the concurrence of the CITY.
L. The CONSULTING ENGINEER shall provide at its own expense for the
duration of this Agreement, office space within the corporate
boundaries of Moorpark at a location and size acceptable to CITY to
insure convenient service to the public. The CONSULTING ENGINEER shall
also furnish the office at its sole expense, including all necessary
typical business office equipment including but not limited to filing
cabinets, telephone, desks, chairs and computer hardware and software.
In the event CITY, at its sole discretion, decides to provide office
space to the CONSULTING ENGINEER at City Hall or other CITY owned or
leased facilities, the CONSULTING ENGINEER shall rent from the CITY an
approximate 960 square foot area at the same rate at which the
CONSULTING ENGINEER is then paying to rent or lease the office space
referenced above. CITY shall provide no less than one hundred eighty
(180) days written notice of its intent to exercise this option.
M. The CONSULTING ENGINEER shall have its office within the
corporate boundaries of Moorpark continuously open to the public for
the issuance of permits and other related services between the hours
of 8:00 a.m. and 5:00 p.m. each workday and shall observe the same
holidays as the CITY, unless otherwise approved in writing by the City
Manager.
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N. During the term of this contract, and for a period of six months
after the term of this contract, Consultant Engineer agrees not to
solicit, recruit, or contact any City employee for purposes of hiring
such employee or for purposes of retaining such employee to work for
Consultant Engineer as a consultant. Consultant Engineer agrees that
if any City employee submits an unsolicited application for employment
or consulting work to Consultant Engineer and Consultant Engineer
hires such City employee as an employee or consultant, Consultant
Engineer shall pay to City a fee of $75,000.00 to compensate City for
costs associated with recruitment of a replacement, training,
temporary interim employees, and other related expenses.
O. Cases involving a dispute between the CITY and the CONSULTING
ENGINEER may be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgment of the arbitrator.
P. 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 of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
TO: Charles Abbott Associates, Inc.
20532 E1 Toro Road, Suite 109
Mission Viejo, CA 92692
Attn: Rusty R. Reed
Either party may, from time to time, by written notice to the other,
designate a different address which shall be substituted for the one
above specified. Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or upon deposit in the
United States mail.
Q. This Agreement constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements or
understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended in any way except by a writing
expressly purporting to be such an amendment, signed and acknowledged
by both of the parties hereto.
R. 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.
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S. 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.
T. In the event any action, suit or proceeding is brought for the
enforcement of, or the declaration of any right or obligation pursuant
to this Agreement or as a result of any alleged breach of any
provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
U. This Agreement is made, entered into, executed and is to be
performed in Moorpark, 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.
V. The captions and headings of the various Articles and Paragraphs
of this Agreement are for convenience and identification only and
shall not be deemed to limit or define the content of the respective
Articles and Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual in responsible charge for the performance of the duties
set forth herein shall be Rusty R. Reed, a Registered Civil Engineer
No. C37081; and shall be titled Assistant City Engineer.
Upon mutual written agreement of the parties, other individuals may be
substituted in the above capacity as Engineer in responsible charge.
In the event of a vacancy in the City Engineer position of the
City, the City Manager may appoint an employee or officer of
Consultant Engineer as City Engineer. Consultant Engineer agrees
to perform the responsibilities of City Engineer consistent with
the terms of this Agreement and applicable state law.
V. IMPLEMENTATION
The CITY shall provide the CONSULTING ENGINEER with written notice in
advance of the date at which these services are to be implemented if
different than the date of the Agreement.
(Signature page follows.)
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IN WITNESS WHEREOF, the parties hereto have
be executed by the duly uthorized officers
above written in thiseAciretment.
Deborah S. Traffensted
City Clerk
caused this Agreement to
the day and year first
CHARLES ABBOTT ASSOCIATES, INC.
usty t. Reed
President
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EXHIBIT "A"
SCOPE OF WORK
A. GENERAL SERVICES
1. When directed, attend regular and special City Council and
Planning Commission meetings. Any costs associated with attendance
shall be charged as part of City Engineering Fees under Sections I.,
C., and E. of this Agreement unless otherwise authorized in writing by
the City Manager or his or her designee.
2. When directed, review and provide general comment on planning
programs and land development controls, including reports from other
agencies.
3. When directed, provide general technical advice for City
personnel assigned to engineering and public works activities.
4. Advise the City as to engineering and construction financing
available from other governmental agencies.
5. Establish working relationships and coordination with all other
public agencies and private utilities involving engineering matters
affecting City.
6. In the capacity of Assistant City Engineer and when so directed,
attend meetings with City staff, public officials, community leaders,
developers, contractors, and the general public. The CITY will
endeavor to schedule such meetings on days on which the City Council
or Planning Commission meetings are scheduled.
7. When directed, analyze City's general needs and make general
recommendations pertaining to long and short -range maintenance and
improvement programs consistent with the economic capabilities of
City.
8. When directed, provide general engineering consultation in
connection with problems such as traffic engineering, traffic
congestion, street signs, street maintenance programs, flood control,
etc.
9. When directed, review and provide general comment on regulations,
fees and ordinances pertaining to engineering matters.
10. Provide comments pertaining to land development project control,
including scope of work on proposed General Plan amendments and
updates to various elements and Subdivision Map Act revisions.
11. Assemble and maintain such records as are customarily maintained
by a municipal engineering office for its contracted functions. Such
records shall at all times be the property of the City and shall be
open for City inspection.
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12. The CONSULTING ENGINEER shall cooperate with and respond to
inquiries from CITY and its contractual firms for investigating claims
against the CITY and shall provide reports, statements and /or other
requested information in a timely manner.
13. For matters related to services performed pursuant to this
Agreement, provide assistance in the preparation for legal and /or
court actions related to City Engineer functions including attendance
at closed sessions and depositions, but excluding preparation for and
attendance at court and arbitration proceedings. For matters not
related to services performed pursuant to the Agreement but related to
City Engineer matters, provide assistance in the preparation for legal
and /or court actions including attendance at closed sessions but
excluding depositions, preparation for and attendance at court and
arbitration proceedings. If there is a dispute concerning whether a
matter relates to services performed pursuant to this Agreement, the
City Manager at his sole discretion shall make the determination.
14. General enforcement of Appendix Chapter 33 of the Uniform
Building Code.
15. Assist with preparation of annual engineering, public works and
capital improvements budgets.
16. Respond to general public inquiries regarding the Flood Insurance
Rate Map (FIRM).
17. Provide financial reports, documentation and analysis as
requested by the City Manager or his or her designated representative.
18. Respond to requests by CITY'S internal and external auditors for
information regarding charges, fees, project costs or other activities
which the CONSULTING ENGINEER has specific knowledge.
19. Maintain all records in conformance with generally accepted
accounting principles and the requirements of OMB Circular A -87.
20. Comply with all administrative procedures established for
preparation of reports and information for the CITY.
21. Advise City of availability for grant applications for funding
from federal, state, and regional agencies for traffic safety studies
and improvements.
22. When requested, provide general advice to City's staff in
connection with the maintenance and operation of City's traffic signal
facilities.
23. When directed, assist in communication with general public and
School District staff regarding traffic counts, signage, speeding and
other traffic enforcement concerns, signal warrants, pavement markings
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and crosswalks, accident histories, Caltrans permits and improvement
projects and with potential developers regarding City approval process
and any potential project requirements.
24. Provide general guidelines to City staff regarding signing and
striping.
25. When requested, provide brief review of miscellaneous requests
for traffic related devices, improvements, preventative and /or
corrective measures. The foregoing does not include an engineering
analysis, study, report, resolution, exhibit or similar work effort.
B. PLAN AND MAP CHECKING (REVIEW)
1. Perform the statutory functions of City Engineer pertaining to
the review and checking of land divisions.
2. Check all improvement plans for facilities under the jurisdiction
of CITY, prepared by private developers.
3. Establish performance and labor and material bond amounts when
required and require the posting of such securities and other
development fees within the proper time sequence of such development
review.
C. LAND DEVELOPMENT REVIEW
1. When requested, review proposed tentative maps and other
submittals for proposed developments and make recommendations as to
engineering matters.
2. Provide such necessary and related functions as are the normal
practice of a municipal engineering office in the review of private
developments.
D. PUBLIC WORKS ENCROACHMENT PERMITS
Receive, process, issue and provide construction observation for
public works encroachment permits.
E. LAND DEVELOPMENT INSPECTION (CONSTRUCTION OBSERVATION)
Provide field inspection during the construction of public works
improvements by private developers and at the proper time, recommend
notices of completion and, acceptance of the work including reports
concerning exoneration of bonds or other surety.
F. CONSULTING ENGINEER shall be responsible for providing consulting
geology and soils engineering specialties as part of B., C., and E. of
this Exhibit A. CONSULTING ENGINEER may provide these services by
using consultants or in -house personnel. If consultants are used,
CONSULTING ENGINEER shall provide the same indemnification and
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insurance requirements per Items E., F., G., and I. of Section III of
this Agreement.
G. CAPITAL IMPROVEMENT PROJECTS
When requested, perform the following services:
1. Prepare plans and specifications for CITY projects.
2. Provide design survey; construction survey; and construction
administration and observation for CITY projects.
3. Provide special engineering reports regarding such matters as
assessment district formation, annexations, etc.
4. Check plans and specifications and provide construction
administration and observation for CITY projects designed by others.
5. Process plans, specifications and permits through other agencies
for review and approval.
6. Other duties as assigned relating to traffic and transportation
engineering.
H. COLLECTION OF FEES FROM APPLICANTS
All fees to be collected from any applicant in connection with the
carrying out of the functions as set forth in this Agreement, if
collected by the CONSULTING ENGINEER, shall be collected in the name
of the CITY. The CONSULTING ENGINEER shall employ record keeping
measures acceptable to the CITY. If fees are collected by the CITY,
the CONSULTING ENGINEER shall review the appropriate ordinances and
fee schedules in effect and shall provide to the persons designated by
the CITY for collection of fees, the amount of such fees to be
collected.
I. Item A.1. of Exhibit "A" of the referenced March 1, 1991
Agreement required CAA to credit the CITY with four hours for each
City Council and Planning Commission meeting not attended and in the
event of termination of the March 1, 1991 Agreement, to pay the City
the amount of any such credit. The City and CONSULTING ENGINEER agree
that this amount as of June 15, 2005 is $151,256.00. The parties
further agree that the CITY may use this credit at the rates as
specified in Exhibit "B" of the Agreement, which shall not be
increased for this purpose until the credit is exhausted, for the
appropriate personnel for services the CITY may request under A.
General Services, and G. Capital Improvement Projects, of Exhibit "A ",
Scope of Work of this Agreement. In the event of termination of this
Agreement for any reason, any credit still due CITY shall be deducted
from any compensation due to the CONSULTING ENGINEER with any
remaining credit to be paid to City by CONSULTING ENGINEER within 30
calendar days of the effective date of said termination.
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EXHIBIT `B'
HOURLY RATES
PERSONNEL SERVICES RATES
Principal ........................$146.00
Project Supervisor ...............$117.00
Project Manager ..................$102.00
Senior Engineer ..................$110.00
Traffic Engineer ................. $96.00
Civil Engineer ................... $96.00
Designer ......................... $82.00
Sr. Draftsman .................... $55.00
Draftsman ........................ $44.00
Asst. Civil Engineer ............. $68.00
Engineering Technician ........... $46.00
Construction Adm . ................$110.00
Construction Inspector ........... $69.00
Building Official ................ $96.00
Sr. Building Inspector ........... $77.00
Building Inspector .................$66.00
Permit Technician ................ $58.00
2- Person Survey Crew ..............$183.00
3- Person Survey Crew ..............$232.00
Secretarial /word Proc ..............$41.00
Effective 12/1/03
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