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HomeMy WebLinkAboutAGENDA REPORT 1987 0729 CC ADJ ITEM 11RCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tern THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk MOORPARK ITEM //, k', STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Pat Richards, Director of Community Development DATE: July 8, 1987 (Council Date July 29, 1987 ) SUBJECT: Contract for Planning Consulting Services, Willdan Associates BACKGROUND On July 1, 1987 the City Council approved a contract with Willdan Associates to conduct planning and traffic engineering review of Urban West Communities' West Village. The staff is now desirous of making an adjustment to the contract with Willdan to add traffic signal warrant studies for five intersections to the cumulative traffic analysis which will be part of the review. The intersections are Tierra Rejada Road and Moorpark Road, Peach Hill Road, Walnut Creek Road, Mountain Meadow Drive, and Mountain Trail Street. It had been our intention to study these intersections sometime in the future. However, given the traffic analysis which will now be conducted as part of the review of West Village, it is appropriate that the warrant studies be done as part of the overall traffic analysis. RECOMMENDED ACTION It is recommended that the contract between the City and Willdan Associates be adjusted to include the traffic signal warrant studies identified above. The contract will be amended to add $3,200 to cover the cost of these additional studies for a total of $26,850. PR: PVB:go amo344.mem M07:- -)AaK, CALIFORNIA cji , Ni 3eting of __. - -- �n� - -1 98...z ACTI0-:d. _� • ) 4111!P-6-a-L�1, V �.� 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this _.__.day of 1987, between the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter referred to as "CITY ", and Willdan Associates, an independent contractor, hereinafter referred to as "CONTRACTOR'. ARTICLE 1. TERM OR CONTRACT Section 1.01. This agreement will become effective on , 1987, and will continue until stipulated services have been completed. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Section 2.01. Contractor agrees to perform the services specified in "Proposal to Provide Contract Planning Services and Environmental Review" for Tentative Tracts Nos. 4330, 4340, 4341, & 4342, and Planned Development for each tract and associated zone changes per Attachment "Au Method of Performing_Services Section 2.02. Paul Berlant will serve as the employee of Contractor principally responsible for execution of the Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. ARTICLE 3. COMPENSATION Section 3.01. As sole and complete consideration for the services to be performed by Contractor, City agrees to pay contractor on a time and materials basis in accordance with EXHIBIT "A ". All costs are estimates not to be exceeded, except by prior written authorization of the City. Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered at the times specified pursuant to EXHIBIT "B" entitled Payment of Com ep nsation,_ attached hereto and made a part hereof. City agrees to pay amount due to Contractor for services within thirty (30) days following receipt of said statements of services. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Section 4.01 contractor agrees to devote the number of hours necessary to perform, the above - described services in a competent and workmanlike manner. Contractor may represent, perform services for, and be employed by, such companies and governmental entities as Contractor, in Contractor's sole discretion, sees fit, with the exception of permit- related services that would involve Contractor's testimony before hearings of the City Council or Planning Commission for any firm or individual which has applied for a discretionary land use entitlement within the past twelve (12) months, or has such application or entitlements request pending, provided that such commitments entered into prior to the effective date of this contract may be fulfilled. Leal Responsibilities Section 4.02. Contractor shall secure, pay for and maintain in full force and effect for the duration of this agreement, any City business license which the City of Moorpark may require for the type of business activity Contractor will conduct hereunder. In addition, Contractor shall keep himself informed of, and shall comply with, federal, state and local laws and regulations which affect his performance under this agreement. Assignment Section 4.03. Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of City. ARTICLE 5. OBLIGATIONS OF CITY Cooperation of_City_ Section 5.01. City agrees to comply with all reasonable requests of Contractor relative to, and to provide access to all documents reasonably necessary for, the performance of Contractor's duties under this agreement. ARTICLE 6._ TERMINATION_ OF AGREEMENT Termination Upon Notice Section 6.01. The City may terminate this Agreement upon giving a ten (10) day written notice and the Contractor may terminate this Agreement upon giving a thirty (30) days' written Notice. In the event of such termination, Contractor shall be entitled to reimbursement for all fees and expenses incurred prior to the affective date of such notice. Termination_ Upon Assi cnment Section 6.02. Notwithstanding any other provision of this agreement, the agreement shall terminate automatically without prior notice upon the assignment of the agreement by the Contractor without the prior written consent of City. ARTICLE 7. GENERAL_PROVISIONS Independent Contractor Section 7.01. Contractor is and at all times shall remain as to City a Wholly independent contractor. Contractor shall not, at any time or in any manner, represent that he is an officer, employee or agent of the City. contractor shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts and Labor Code of the State of California. Ownership._of Documents Section 7.02. Upon completion of any writing required to be provided by Contractor in the course of performing any of the above - described services, or upon sooner termination of this agreement, all completed original documents prepared by Contractor shall become the sole property of City and may be used, reused on any other project by City without the permission of the Contractor. Hold Harmless Section 7.03. Contractor agrees to indemnity, save, keep and hold harmless City and all of its officers and employees form all claims, actions, suits, damages, costs or expenses in law or equity, including costs of suit and expenses for legal services, that may at any time arise or be set up because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any negligent act on the part of Contractor in regard to any function or activity carried out by contractor on behalf of City pursuant to the terms of this agreement. Notices Section 7.04. Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing, or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the City in care of the City Manager, 799 Moorpark Avenue, Moorpark, California 93021 and to Contractor at 374 Poli Street. Suite 101, Ventura, California 93001, however, each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the second (2nd) day after mailing. Entire Agreement of the Parties Section 7.05. This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, oral or other =wise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. Gov_erni n_g_ Law Section 7.06. This agreements hall be governed by and construed in accordance with the laws of the State of California. Attorney_'s Fees Sections 7.07. Should either party hereto institute any action or proceeding of any nature whatsoever in a court of law, equity, or otherwise to enforce any provision of this agreement or for a declaration of such party's rights or obligations hereunder of for any other remedy, the prevailing party shall be entitled to receive from the losing party its costs, including such amount as the Court or arbitration panel may adjudge to be reasonable attorney's fees for the services rendered the party finally prevailing in any such action or proceeding. Unless judgement goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse the prevailing party of all its /their attorney's fees actually incurred in good faith, regardless of the amount of such judgement, it being the intention of the parties to fully compensate the prevailing party for all attorney's fees paid or incurred in good faith. Venue Section 7.08. 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 and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. City's__Agent Section 7.0.9. The Moorpark Director of Community Development shall have he right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this agreement and shall be the City's agent with respect to review, coordination, and approval of the services to be performed by the Contractor. EXECUTED in duplicate at Moorpark, California, on the date and year first hereinabove written. WILLDAN ASSOCIATES CITY OF MOORPARK, CALIFORNIA a municipal corporation By: — By Mayor of the City of Moorpark, CA. Title: and by: ATTEST: Title: (SEAL) City Clerk CONTRACTOR (Notary Certificate attached) EXHIBIT "A" DESCRIPTION OF BASIC PROFESSIONAL SERVICES 1. Environmental Review - Willdan will prepare an Initial Study based on data submitted by Urban West Communities. The environmental review will include reviewing the existing EIR prepared for the entire PC -3 and a determination of its adequacy to serve as the environmental document for the subject submittals. For purposes of this scope of services it is assumed that the previous EIR is adequate with the exception that traffic impacts will be examined. The traffic section of the EIR and subsequent traffic studies will require updating, relating current conditions to the proposed projects and cumulative impacts. As part of the initial study, Willdan will prepare a complete traffic analysis of the proposed tracts for the following scenarios: current conditions; effects of the Tierra Rejada Bridge; post project; and cumulative condition. The analysis will include peak and 24 hour counts, intersection operation analyses, signal warrant analyses for all scenarios, and recommended mitigation measures. In order to evaluate the proposed tracts, this study will examine the area generally south of the Arroyo Simi including Los Angeles Avenue from Tierra Rejada Road to Highway 23. An additive alternate, providing an analysis of the entire City is included as Alternative A, "Entire City Traffic Analysis ". The added fee to complete Alternative A is quoted separately in Exhibit "B ". Willdan will not proceed with Alternative "A" unless directed by the City. Either a Mitigated Negative Declaration or Subsequent Use of a Master EIR is contemplated. If further environmental documentation is found to be necessary, that work would be considered additional services and would be the subject of an addendum as stipulated in Section 2 of this Agreement. 2. Staff review /report preparation - Willdan Associates' planning staff will coordinate and conduct the preparation of a staff report(s) for the four tracts, Change of Zone and PD permits. The City Engineering portion of the review will be coordinated by the Willdan planning staff, however, it will be conducted in the normal fashion according to Willdan Associates' ongoing City Engineering services agreement. ATTACHMENT "A" The preparation of the staff report will include needed consultation with City staff, outside public agencies and the developer /applicant. It is understood that the City will appoint a contact person with whom Willdan will coordinate its efforts vis -a -vis the City and others. 3. Public Presentations - Willdan Associates' Planning staff will attend up to six public meetings, including one meeting of the Park and Recreation Commission, one community meeting, and two public hearings before each the Planning Commission and City Council. Additional meetings (beyond the total of six) will be billed at Willdan's normal billing rate as shown on Exhibit "C" attached hereto, up to a maximum fee of $371 per meeting. Assuming the environmental documentation contemplated in task 1 above is sufficient, and a negative Declaration or Subsequent Use of the prior Master EIR is approved by the City Council, and further assuming cooperation by the applicant and outside agencies is forthcoming in the review of the proposed development, the tasks to complete the basic services outlined above will be completed within 135 days of authorization to proceed under this Agreement. The following schedule provides approximate time frames for each task. Task 1. Environmental Review, including Traffic Analysis 90 days Task 2. Draft Staff Report 60 days Final Staff Report 15 days Task 3. Public Presentation As mutually set by City and Willdan Paul Berlant, Division Manager will be project manager under this contract. He will be assisted by other Willdan staff as appropriate. Total compensation Agreement as outline Services shall not CITY on a monthly additional services schedule: EXHIBIT "B" COMPENSATION for services rendered under this �d in Exhibit "A", Description of Basic exceed $26,850. WILLDAN will invoice basis for basic and, if authorized, rendered according to the following Task 1 - Environmental Review $ 2,350 Cumulative Traffic Analysis $13,450 Task 2 - Staff Review /Report Preparation Draft for City staff review $ 7,250 Final for publication $ 1,325 Task 3 - Public Presentations $ 2,475 TOTAL $26,850 Alternative A - Entire City Traffic Analysis $ 8,000 The maximum fee per task outlined above is an estimate based on information available at the time of execution of this Agreement. Since the specific tasks are so greatly dependant on applicant and outside agency cooperation, it is understood that the fee amounts for each task may vary as work progresses. However, in no case will the fee exceed $26,850 unless otherwise authorized by CITY and mutually agreed to by both parties as an addendum to this Agreement. This maximum fee includes all necessary graphics and support services and incidentals (travel, etc.). EXHIBIT "C" Schedule of Hourly Rates Classification Division Manager Planning Associate Associate Engineer Design Engineer Hourly Rates $75 $53 $56 $44