HomeMy WebLinkAboutAGENDA REPORT 2018 0418 CCSA REG ITEM 09B CITY OF MOORPARK, CALIFORNIA
City of Moorpark
of April 18, 2018 Item: 9.B.
ACTION Approved staff recommendation
Adopted Kesolution No.
2018-3696.
By M Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: April 6, 2018 (CC Meeting of 04/18/18)
SUBJECT: Consider Park Improvements and Playground Equipment
Replacement at Country Trail Park, and Sand Play Area at Peach Hill
Park; Agreement with Phoenix Civil Engineering, Inc. for Design
Services; and Resolution Amending Fiscal Year 2017/18 Budget
BACKGROUND
On October 30, 2012 staff prepared an agenda report for the Parks and Recreation
Commission (Commission) to consider replacing the playground equipment at
Poindexter Park, Country Trail Park, and Peach Hill Park At that time, staff
recommended that the playground equipment at Country Trail Park should not be
replaced due to the high cost of a new walkway that would need to be installed to meet
the requirements of the Americans with Disabilities Act (ADA) Staff informed the
Commission that staff will replace the worn playground components at Country Trail
Park as the budget allows, and that this item would be brought back to the Commission
for consideration once it has been determined that the playground equipment needed to
be removed in its entirety Additionally, staff recommended replacing the playground
equipment at Poindexter Park and the playground equipment for children in the two to
five year age group at Peach Hill Park The Commission concurred with staffs
recommendations
On December 5, 2012, staff prepared an agenda report for the City Council to consider
replacing the playground equipment mentioned above The City Council approved
staff's recommendation to defer a decision on the replacement of the playground
equipment at Country Trail Park, and approved the replacement of the playground
equipment at Poindexter Park and Peach Hill Park However, the City Council directed
staff to construct a sand play area when replacing sand with engineered wood fiber
(EWF), as there is a direct benefit to sand play in general As a reminder, the
playground area at Peach Hill Park was previously installed with plaster sand Plaster
sand does not comply with current playground safety regulations and does not meet
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ADA access requirements. EWF is ADA compliant and is certified for playgrounds up to
a 10’ vertical fall height.
In February 2013, the play equipment at Peach Hill Park was replaced. However, due
to budgetary constraints, a sand play area was not installed. The work to replace the
playground equipment was funded by the General Fund.
In February 2015, the play equipment at Poindexter Park was replaced and the existing
water play area was modified to a sand play area. This work was completed at no cost
to the City with funding obtained by the Housing-Related Parks Program Grant that was
offered by the California Department of Housing and Community Development.
On December 7, 2015 staff prepared an agenda report for the Commission to consider
alternative uses of Country Trail Park. This was in response to the City Council Mission
Statement, Priorities, Goals and Objectives (Goals and Objectives). The Objective
related to this item was as follows:
Evaluate feasibility for greater use of Country Trail Park by youth sports teams
and other potential uses including but not limited to disc golf, BMX or free-style
bicycle track, or dog park, including construction of a restroom facility.
The Commission considered a dog park, disc golf course, decomposed granite walking
path, restroom facility, and a BMX course. Staff recommended the installation of a
temporary dog park for a six month trial period or the installation of a disc golf course
and decomposed granite pedestrian walkway. Due to the concerns of several adjacent
neighbors, including lack of a restroom facility, and parking constraints, the Commission
did not recommend a dog park at Country Trail Park. However, the Commission
recommended the installation of a disc golf course and decomposed granite walkway.
The above referenced Objective has been removed from subsequent Goals and
Objectives.
DISCUSSION
The playground equipment at Country Trail Park is now in need of replacement. It has
exceeded its life expectancy and will either need to be replaced or removed all together.
The industry standard regarding the life expectancy of playground equipment is typically
fifteen to twenty years. The playground equipment at Country Trail Park is
approximately twenty-one years old, although many components have been replaced
over the last ten years. The manufacturer’s warranty for many of the components
expired in 2007.
As mentioned previously, in 2012 staff recommended not replacing the playground
equipment due to the high overall costs of the improvements. Title 2 of the Code of
Federal Regulations (CFR) and the 2013 California Building Code (CBC) contain
requirements the City must follow in complying with accessibility requirements for public
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facilities. Because the CBC is more stringent than the CFR, the City Attorney has
opined that the City must follow the requirements of the CBC. Under the CBC, when the
usage of a facility is altered, an accessible path of travel for persons with disabilities
must be made to the new area or alteration. Country Trail Park does not have an
accessible path of travel from the parking lot to the interior portions of the park.
However, the CBC also states that the cost to comply with the path of travel
requirement shall be equivalent to at least 20% of the cost of the improvements. The
scope of the accessibility improvements required to access the playground equipment
at Country Trail Park would be dependent upon the type of alterations made to the
playground areas. Whatever the ultimate scope of the improvements would be, the City
would be required to make ADA improvements up to at least 20% of the cost of the
improvements. However, staff believes that ADA accessibility should be provided to all
park amenities and that it would be appropriate to provide an accessible route of travel
to the new playground equipment if this project should move forward.
In addition to the costs associated with ADA improvements, the cost to replace the
playground sand was also a factor in the overall high costs of the improvements at
Country Trail Park. The plaster sand that is currently installed at Country Trail Park
does not meet current fall zone standards for playground equipment heights in excess
of 4’. With the exception of Mammoth Highlands Park, the playground at Country Trail
Park is one of the largest playground areas in the City, encompassing approximately
11,000 square feet (s.f.). By comparison, the following is a list of playgrounds in parks
of comparable size:
• Poindexter Park (9,100 s.f.)
• Tierra Rejada Park (9,400 s.f.)
• Mountain Meadows Park (7,400 s.f.)
• Mammoth Park (11,600 s.f.)
• Miller Park (8,300 s.f.)
• Peach Hill Park (9,400 s.f.)
Replacing the plaster sand with EWF at County Trail Park would cost approximately
$22,000. EWF is ADA compliant and would only require a concrete ramp installed into
the play area. Replacing the plaster sand with silica sand that meets current fall zone
requirements would cost approximately $37,000. Silica sand is a better alternative to
plaster sand and is typically acceptable for playground heights up to 6’. However, sand
is not ADA compliant and the installation of sand would also require the installation of
poured-in-place (PIP) playground surfacing, which meets ADA requirements and would
be needed at certain transfer points. Staff received estimates for this work in 2012 and
it was determined that the installation of PIP would cost an additional $75,000 to install
at the transfer points.
There has been some concern regarding EWF, primarily due to the fact that Country
Trail Park lies within a flood control basin and is designed to fill with storm water during
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abnormally strong seasonal storms. EWF is similar to wood chips, but has been
engineered to the American Society for Testing and Materials (ASTM) standards in
order to meet fall zone height requirements up to 10’ vertical feet. Currently the play
areas are installed with plaster sand, so flooding is not a concern. However, in the past,
the play areas were installed with EWF. During one unusually large storm, the basin
filled with water to the level of the playgrounds and a considerable amount of EWF was
lost and needed to be replaced. However, the instances are infrequent and typically
only occur during a 10-year storm event or larger. The total cost to install new
playground sand and PIP surfacing is approximately $112,000. It would take five
unusually large storm events that resulted in the complete replacement of the EWF to
equal the cost of installing new playground sand and PIP. It should also be noted that
PIP is not only very costly to install, it is costly to maintain. Based on current
maintenance records, the PIP that has been installed at various City playgrounds needs
to be repaired and/or replaced approximately every ten years. The frequency is much
higher in high use areas, such as at the bottom of slides and under swings. The
material simply breaks down, cracks and peels away from the sub-base material, and
ultimately needs to be replaced. The maintenance costs are approximately 15% to 25%
of the cost to install the material. It would cost the City approximately $15,000 in
maintenance costs over a 10-year period if PIP was installed at Country Trail Park.
With that said, there are many recreational benefits to sand and staff believes that an
area designated for sand play should be maintained at Country Trail Park. Sand may
increase creative thinking, the development of motor skills, imagination, and sensory
development to name a few. Staff recommends replacing the play structure for children
in the 2-5 year age group, the structure for children in the 5-12 year age group, the
swing set, and maintaining an area for sand play. In an effort to reduce overall project
costs and long term maintenance costs, staff recommends making modifications to the
large play area and reducing the overall size by approximately 2,500 s.f. (see
Attachment 3). The total size of the play areas would be reduced from approximately
11,000 s.f. to approximately 8,500 s.f., which is consistent with other playgrounds in
parks of similar size. The reduction in size would reduce some of the costs associated
with replacing the plaster sand with EWF. Staff anticipates that the size of the new play
structure would need to be reduced and that only a two-bay swing set could be installed
within the new play area boundary.
Additionally, staff believes that an accessible path of travel that meets current ADA
requirements should be installed from the parking lot to the playground areas. As
mentioned previously, the City is only obligated to spend 20% of the total projects costs
towards ADA improvements. However, over the last several years staff has received
several concerns from local residents, Commissioners and City Council members
regarding their desire to provide accessibility improvements when feasible.
Staff has also evaluated the alternate uses of Country Trail Park that were
recommended by the Commission in 2015. As mentioned previously, the Commission
recommended the installation of a disc golf course and decomposed granite pathway
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that would extend around the perimeter of the park. In 2016, staff enlisted the services
of Mike Byrne to evaluate the potential for a disc golf course. Mr. Byrne is a local
competitive disc golf player. He was recommended to the City by Innova Champion
Discs, one of the largest disc golf supply companies in the Country. Mr. Byrne has
played on more than a hundred disc golf courses, both in the US and internationally,
and has personally designed more than 12 courses for various organizations, including
the City of Simi Valley. After reviewing Country Trail Park, Mr. Byrne recommended
against the installation of the disc golf course at Country Trail Park due to several
reasons, primarily safety concerns and the proximity of the playground and picnic area.
Mr. Byrne explained to staff that Country Trail Park is border line too small for even an
8-hole course. A course at Country Trail Park would most likely only include four holes
that are doubled up so that the course is played twice in a different rotation in order to
make an 8-hole course. However, Mr. Byrne explained that disc golf should not be
installed adjacent to or intermixed with other uses, as the discs used for the sport
regularly fly errant and have the potential to cause injury. Discs should not be confused
with Frisbees or other similar toys. Discs used for disc golf are heavy plastic projectiles
that are generally flown at a high velocity. Considering the Commission’s desire to
install a decomposed granite walking path around the perimeter of the park, in addition
to the location of the existing playground and picnic area, staff concurs with Mr. Byrne’s
recommendation that a disc golf course should not be installed at Country Trail Park.
The general layout of Country Trail Park has changed dramatically since the
Commission made a recommendation regarding future uses of park. In 2015, California
was faced with the driest winter ever on record. On April 1, 2015 Governor Brown
signed Executive Order B-29-15 (“Order”) which called for the first ever statewide
mandatory water reductions. The Order contained several provisions that impacted City
operations directly, including a statewide requirement to remove 50 million square feet
of turf and replace it with drought tolerant landscaping. On May 6, 2015 the State Water
Resources Control Board (“SWRCB”) adopted Emergency Regulations designed to
carry out the requirements of the Order. The Emergency Regulations set up tiers of
water reduction under which the various urban water suppliers must meet in order to
achieve the statewide mandatory reduction target. Ventura County Waterworks District
#1, the City of Moorpark’s water supplier, called for a 32% reduction in potable water
use.
In response to the drought, the City developed a Drought Action Plan (DAP) that was
approved by the City Council in order to guide the City’s efforts in meeting the
conservation standard mandated by SWRCB. The DAP contained water conservation
practices and associated action items in order for the City to achieve a 32% overall
reduction in water use by the February 2016 deadline established by SWRCB. One of
the action items outlined in the DAP was the conversion of approximately 19 acres of
turf at various park sites, including approximately 3.4 acres of turf at Country Trail Park.
The work at Country Trail Park was completed early in 2016 and consisted of the
installation of California native wildflowers. Staff has received positive feedback from
many Moorpark residents regarding this project, as the wildflowers are very attractive
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during certain times of the year. The wildflower area provides an educational
opportunity and a valuable park amenity that is not available at any other park in
Moorpark. Due to the popularity of the wildflower area, staff feels that the installation of
a decomposed granite walking path would be appropriate in order to provide direct
access to the natural area. Additionally, many individuals currently traverse the park
through the wildflower area to access the Peach Hill Wash bicycle/walking path and
other areas within the Mountain Meadows Community.
Consistent with previous City Council direction, staff is also recommending moving
forward with the installation of a sand play area at Peach Hill Park. Staff recommends
converting the small turf area directly east of the restroom building (see Attachment 4).
Staff estimates that the total cost for the work at Country Trail Park would cost the City
approximately $379,043. Additionally, staff estimates that the cost to install a sand play
area at Peach Hill Park, including the addition of auxiliary sand play equipment would
cost the City approximately $25,300. The combined total for both projects is
approximately $404,343.
Costs 15% Contingency Total
COUNTRY TRAIL PARK
Civil engineer 18,703.00$ 2,805.00$ 21,508.00$
ADA walkway 86,400.00$ 12,960.00$ 99,360.00$
Landscape modifications 8,800.00$ 1,320.00$ 10,120.00$
DG trail 50,000.00$ 7,500.00$ 57,500.00$
Playground modifications 17,400.00$ 2,610.00$ 20,010.00$
Playground equipment 148,300.00$ 22,245.00$ 170,545.00$
SUB-TOTAL 329,603.00$ 49,440.00$ 379,043.00$
PEACH HILL PARK
Sand Play Area 22,000.00$ 3,300.00$ 25,300.00$
SUB-TOTAL 22,000.00$ 3,300.00$ 25,300.00$
TOTAL 351,603.00$ 52,740.00$ 404,343.00$
On November 15, 2017 the City Council approved changes to the Park Improvement
Zones (Zones) and resulting changes to the Park Improvement Funds (PIF’s). As a
reminder, the City Council concurred with staff’s recommendation to change the Zone
boundaries by creating a new Zone 1, which consisted of combining Zones 1 and 2, and
renaming Zone 3 as Zone 2. Zone 1 now consists of all the area within the City’s
boundary on the north side of LA Avenue and supported by the Park Improvement Zone
2017-1 Fund (2011); while Zone 2 consists of all the area within the City’s Boundary on
the south side of LA Avenue and funded by the Park Improvement Zone 2017-2 Fund
(2013). Both Country Trail Park and Peach Hill Park are within the Zone 2 boundary.
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The changes to the Zone boundaries did not result in any changes to the Park
Improvement Fund for Zone 2. Currently there is a balance of approximately $288,346
in the Zone 2 PIF fund. This is largely due to the fact that the two Shea Homes
development projects on the south side of Los Angeles Avenue have been completed.
The Zones were originally established by the City Council in 1986 to account for the
collection of park fees in lieu of land dedication, consistent with the Quimby Act for said
Quimby fees on residential subdivisions. The Park Improvement Funds were created to
provide a funding source to fund park improvement projects that benefited the residents
within a particular Zone. Future development projects within the Zone 2 boundary
include the Pacific Communities project and the Spring Road Condominiums project.
Staff recommends utilizing $233,798 from the PIF for Zone 2 for the improvements at
Country Trail Park and Peach Hill Park. This includes the ADA walkway, decomposed
granite walkway, and modifications to the playground areas, and the sand play area at
Peach Hill Park. This would leave a fund balance of approximately $54,548.
Additionally, the City’s Equipment Replacement Fund (ERF) was created to provide
funding for the future replacement of City owned equipment. Currently, it has
$3,298,775 available fund balance that can be used to finance the replacement of the
playground equipment at Country Trail Park. Staff also recommends utilizing $170,545
from the ERF to fund the replacement of the playground equipment at Country Trail
Park, including the swing set and auxiliary play structures.
Staff will return to the City Council once bids have been received for this work to finalize
the distribution of both the Park Improvement Fund and Equipment Replacement fund.
In order to start this project, staff recommends entering into an Agreement with Phoenix
Civil Engineering, Inc. (Phoenix) to prepare plans for the ADA compliant walkway and
necessary improvements to the parking lot at Country Trail Park. Phoenix has worked
with the City on several recent projects, such as the recreation trail project at Arroyo
Vista Community Park, as well as the Metrolink expansion project currently in design
development. Phoenix’s proposal for this work is $21,508, which includes a 15%
contingency. Phoenix has the necessary experience to complete this work.
In Summary, staff recommends reducing the size of the playground area at Country
Trail Park that is designated for children in the 5-12 year age group, replacing the
playground equipment and creating a planter and sand play area. Staff recommends
replacing the playground equipment that is designated for children in the 2-5 year age
group and replacing the plaster sand in both play areas with EWF. Staff also
recommends the installation of a new ADA compliant walkway from the parking lot to
both play areas, and the installation of a decomposed granite trail around the perimeter
of the park.
Additionally, staff recommends the installation of a sand play area at Peach Hill Park,
including auxiliary play equipment designed for sand play.
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FISCAL IMPACT
A budget amendment of $21,508 is requested from the Park Improvement Zone 2017-3
Fund (2013), which currently has $288,346 available fund balance. There will be an
estimated $266,838 remaining to finance future project cost.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the park improvements and replacement of playground equipment at
Country Trail Park as described in this report, as well as the installation of a sand play
area at Peach Hill Park; and
2. Approve Agreement with Phoenix Civil Engineering, Inc. for design of ADA
walkway improvements at Country Trail Park; and authorize the City Manager to
execute the Agreement, subject to final language approval of the City Manager; and
3. Adopt Resolution No. 2018-____ amending the FY 2017/18 budget to fund
design services for the improvements at Country Trail Park.
Attachments:
1. Resolution No. 2018-_____
2. Agreement with Phoenix Civil Engineering, Inc.
3. Proposed Improvements at Country Trail Park
4. Proposed Improvements at Peach Hill Park
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RESOLUTION NO. 2018-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2017/18 BUDGET BY APPROPRIATING $21,508 FROM PARK
IMPROVEMENT ZONE 2017-2 FUND (2013) FOR THE DESIGN
OF AN ADA COMPLIANT WALKWAY AT COUNTRY TRAIL
PARK (PROJECT NO. C0054)
WHEREAS, on June 21, 2017 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2017/18; and
WHEREAS, a staff report has been presented to the City Council recommending
approval of an Agreement with Phoenix Civil Engineering, Inc. in the amount of $21,508
for design of an ADA compliant walkway at Country Trail Park (Project No. C0054); and
WHEREAS, a budget amendment of $21,508 is being requested from the Park
Improvement Zone 2017-2 Fund (2013) to fund these services; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $21,508 from Park
Improvement Zone 2017-2 Fund (2013) as more particularly described in Exhibit “A”,
attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of April, 2018.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A – Budget Amendment
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Resolution No. 2018-_____
Page 2
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2013-000-00000-33990 21,508$
Total 21,508$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2013-541-C0054-55300 -$ 21,508$ 21,508$
-$ -$ -$
-$ -$ -$
Total -$ 21,508$ 21,508$
Park Improvement Zone 2017-2
EXHIBIT A
BUDGET AMENDMENT FOR
PARK IMPROVEMENT ZONE 2017-2
DESIGN OF ADA COMPLIANT WALKWAY AT COUNTRY TRAIL PARK
FY 2017/18
Fund Title
Approved by: Ron Ahlers, Finance Director
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DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC.
FOR ACCESSIBLE PATHWAY DESIGN AT COUNTRY TRAIL PARK
THIS AGREEMENT, made and effective as of this ________ day of _________,
2018, between the City of Moorpark, a municipal corporation (“City”) and Phoenix Civil
Engineering, Inc., a corporation (“Consultant”). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for civil engineering design services related to an
accessible pathway to be built at Country Trail Park; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated December 17,
2017, which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide civil engineering design services, as set forth in Exhibit
C. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
eighteen thousand seven hundred three dollars ($18,703) as stated in Exhibit C, plus a
contingency of two thousand eight hundred five dollars ($2,805) for a total contract
value of twenty-one thousand five hundred eight dollars ($21,508) without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Jon Turner, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W -9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed twenty-one
thousand five hundred eight dollars ($21,508) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
Phoenix Civil Engineering, Inc. Page 2 of 16
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
Phoenix Civil Engineering, Inc. Page 3 of 16
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above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnification and Defense for Design Professional, as defined in California Civil
Code Section 2782.8: To the fullest extent permitted by law, Consultant shall indemnify,
defend and hold harmless City and any and all of its officials, employees and agents
(“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages,
costs and expenses, including attorney’s fees and costs, to the extent they arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City
in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In
the event any loss, liability or damage is incurred by way of settlement or resolution without
a court, jury or arbitrator having made a determination of the Consultant’s percentage of
fault, the parties agree to mediation with a third party neutral to determine the Consultant’s
proportionate percentage of fault for purposes of determining the amount of indemnity and
defense cost reimbursement owed to the City.
For all other liabilities: Notwithstanding the foregoing and without diminishing any
rights of City in the preceding paragraph of Section 10, for any liability, claim, demand,
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allegation against City arising out of, related to, or pertaining to any act or omission of
Consultant, but which is not a design professional service, Consultant shall defend,
indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified
Parties”) from and against any and all damages, costs, expenses (including reasonable
attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards,
whether for personal or bodily injury, property damage, or economic injury, and arising out
of, related to, any concurrent or contributory negligence on the part of the City, except for the
sole or active negligence of, or willful misconduct of the City.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
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the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
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17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Jon Turner, Principal Engineer
Phoenix Civil Engineering, Inc.
535 E. Main Street
Santa Paula, CA 93060
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
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26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
__________________________________ __________________________________
Troy Brown, City Manager Jonathon Turner, Principal Engineer
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to the beginning of and
throughout the duration of Work, Consultant will maintain insurance in conformance with
the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet requirements set forth here,
Consultant agrees to amend, supplement, or endorse the existing coverage to do so.
Consultant acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance proceeds
available to the City in excess of the limits and coverage required in this Agreement and
which is applicable to a given loss, will be available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, 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.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
X Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 18,703.00
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? X Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Phoenix Civil Engineering, Inc.
Jonathon Turner, Principal Engineer Date
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Mr. Jeremy Laurentowski December 18, 2017
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Country Trail Park Accessible Pedestrian Walkway Design Project– Proposal
for Engineering Services
Dear Jeremy-
I am pleased to provide you with this proposal for engineering services associated with the Country Trail
Park Accessible Pedestrian Walkway Design project. The park is located in a neighborhood and contains
a path and parking stall that do not meet the current accessibility requirements. This project shall install a
compliant parking space in the existing parking lot and an accessible path to the point within the park
where the main activity area is located. As part of this project, Benner and Carpenter, as a subconsultant
to Phoenix Civil Engineering will perform a topographic survey of the alignment of the path as well as the
parking lot to be used in the design of the improvements. No lighting improvements are included in this
proposal. Based on our conversations and my review of the site, I have prepared my proposal to include
the following:
Task 101: Topographic Survey
Task 102: 30% Design Plans
Task 103: 75% Plans, Specifications and Opinion of Probable Construction Cost Preparation
Task 104: Final Plans, Specifications and OPCC Deliverable
I appreciate the opportunity to submit this proposal to assist you with this project. I have attached a scope
of work and our professional services rate sheet along with a fee schedule detailed by task. Our scope of
work covers design services only and does not include permit or design assistance during construction
services. We can provide these services if requested. We have included the services of a professional
land surveyor (Benner and Carpenter). The subconsultant fees are marked up by 10% to cover
administrative time.
Please let me know if you have any questions or would like to discuss my proposal.
Sincerely,
______________________________
Jon Turner, PE
Principal Engineer
EXHIBIT C
32
December 18, 2017
Page 1 of 2
Scope of Services
Background/Project Understanding
The City desires to install an accessible path of travel in Country Trail Park. The park is located in a
neighborhood and contains a path and parking stall that do not meet the current accessibility
requirements. This project shall install a compliant parking space in the existing parking lot and an
accessible path to the point within the park where the main activity area is located. As part of this project,
Benner and Carpenter, as a subconsultant to Phoenix Civil Engineering will perform a topographic survey
of the alignment of the path as well as the parking lot to be used in the design of the improvements. No
lighting improvements are included in this proposal. Based on our conversations and my review of the
site, I have prepared my proposal to include the following:
Task 101: Topographic Survey
Benner and Carpenter, as a subconsultant to Phoenix Civil Engineering, will perform topographic ground
survey of the alignment and the existing parking lot adjacent to the proposed accessible parking stall. The
survey will be used in the design of the improvements.
The following efforts are included in this task:
• Ground topographic surveying of the proposed alignment and the parking lot in the area of the
accessible parking stall.
Deliverable: No deliverable is associated with this task. Information gathered in this task will be used in
Tasks 102 through 104.
Task 102: 30% Design Plans
Once Task 101 is complete, it is envisioned that a conceptual path of travel alignment plan will be prepared.
The path of travel will be located on the east side of the existing pedestrian/vehicle path that is located in the
park. Connections to the path will be at the top and at the landing that enters the playground area.
The following efforts are included in this task:
• Preparation of the 30% design plan sheets for the path of travel alignment layout for presentation to
the City Project Manager.
• Meeting with the City staff to discuss their comments and discuss any changes they request.
Deliverable: Two (2) sets of the plans (11 x 17 size) will be provided to the City for their internal review.
One electronic copy of the plan package (.pdf) will be provided.
Task 103: 75% Plans, Specifications and OPCC Preparation
After completion of Task 102, the design of the improvements shall be included in this task. Plan sheets
reflecting the proposed design and associated notes/information will be prepared. Accompanying the plan set,
a set of technical specifications for the improvements will be prepared. These specifications will be based on
the Standard Specifications for Public Works Construction (SSPWC). For coordination purposes, an
electronic copy (MS Word format) of the city’s standard front end documents will be provided to the design
team. Lastly, an engineer’s opinion of probable construction cost (OPCC) will be prepared for the proposed
improvements. It is envisioned that the plan set will be made up of the following sheets:
• Title Sheet
• Notes, Abbreviations, Survey
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December 18, 2017
Page 2 of 2
• Site Plan and Profile (2 sheets)
• Detail Sheet
The following efforts are included in this task:
• Development of project improvement design plans.
• Preparation of technical specifications and OPCC for the improvements.
Deliverable: Three (3) sets of the 75% plans (22 x 34 size on bond paper), draft technical specifications and
OPCC will be provided to the City for their review. One electronic copy of the project deliverables package
(.pdf) will be provided.
Task 104: Final Plans, Specifications and Estimate Deliverable
Once the City review comments have been received relating to the 75% deliverable package, the project plans,
specifications and OPCC will be finalized, incorporating the review comments.
The following efforts are included in this task:
• Incorporation of City review comments on the final deliverable package into the Contract Documents.
• Finalization of the plans, specifications and OPCC.
• Delivery of the project AutoCAD files of the plans and the underlying survey information.
Deliverable: Three (3) sets of the final plans (22 x 34 size on bond paper), technical specifications (bound)
and OPCC will be provided to the City. One mylar copy of the full size plans will be provided. One electronic
copy of the project deliverables package (Civil 3D 2016, MS Word, and .pdf files) will be provided.
Schedule
The work associated with Tasks 101 through 104 will be made a top priority. Every effort will be made to
keep the project schedule moving along. Review times are anticipated to be one week. It is envisioned that
the project Contract Documents can be prepared within 7 weeks of the project Notice to Proceed (assuming
one week review times).
Fees
Work associated with Tasks 101 through 104 is estimated to cost $18,703. A breakdown of the level of effort
is listed below:
Task 101: Topographic Survey $5,099
Task 102: 30% Design Plans $4,996
Task 103: 75% Plans, Specifications and OPCC Preparation $5,768
Task 104: Final Plans, Specifications and OPCC Deliverable $2,840
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Phoenix Civil Engineering, Inc. 535 E. Main Street, Ventura, CA 93060 805.658.6800
Professional Services Hourly Rate Sheet
Engineering
Principal Engineer $155
Resident Engineer $135
Professional Engineer $130
Staff Engineer $120
Assistant Engineer $96
CADD
Senior Designer $116
Assistant Designer $85
General
Construction Manager $145
Construction Observer $100
Technical Assistant $68
Clerical/Administrative Assistant $48
Costs associated with printing and computer time are calculated in the
rates. Large quantities of printing (multiple sets of specifications, reports,
etc.) will be billed at an agreed upon rate. Subconsultants will be marked
up by 10%.
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