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HomeMy WebLinkAboutAGENDA REPORT 2014 0205 CCSA REG ITEM 10JTO: FROM: DATE: SUBJECT: ITEM 10.J. C!TV OF MOORPARK, CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL ot J.-Q"-J.01 ,+ AGENDA REPORT A~~~ l ; Honorable City Council . ·~. &; ev. . "!IL David A. Bobardt, Community Development Director, / ' Prepared by: Tracy J. Oehler, Administrative Specialist--('D January 27, 2014 (CC Regular Meeting of 02/05/2014) Consider Additional Professional Services Regarding Grimes Rock Mining Facility Expansion Final Environmental Impact Report (EIR) and Authorize the City Manager to Execute Amendment to Professional Services Agreement with Sohagi Law Group BACKGROUND/DISCUSSION An Agreement with the Sohagi Law Group for professional services regarding Grimes Rock Mining Facility Expansion Final EIR was executed by the City Manager on June 20, 2013, for a not-to-exceed amount of $40,000.00. On June 28, 2013, the City Manager approved an additional $4,777.80 for a total amount of $44,777.80. On September 11, 2013, the City Council authorized an additional $29,250.00 for a total amount of $74,027.80 and on October 16, 2013, the City Council authorized an additional $25,000.00 for a total amount of $99,027.80. The City Council is now being asked to consider an amendment to the agreement for additional professional services increasing the compensation by $4,200.00 to a new total not-to-exceed amount of $103,227 .80 for the final billing for legal and related traffic engineering services on the subject project. FISCAL IMPACT There is no additional appropriation requested at this time. The Planning Department's FY 2013/14 adopted budget includes $170,000.00 in Special Professional Services (Expenditure Account 9103) from the General Fund (1000) for the Housing Element and General Plan Environmental Impact Report Land Use and Circulation Element Planning Services. The department will transfer $4,200.00 from Special Professional Services (1000.6440.0000.9103) to Legal Services (1000.6440.0000.9122). STAFF RECOMMENDATION Approve the increase in compensation by $4,200.00 with a new not-to-exceed amount of $103,227.80 and authorize the City Manager to execute the amendment to the agreement for professional services, subject to final language approval of the City Manager. Exhibit A -Amendment No. 3 to Professional Services 272 CC ATTACHMENT-EXHIBIT A AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE SOHAGI LAW GROUP FOR PROFESSIONAL SERVICES This Amendment No. 3 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and the Sohagi Law Group, a public limited company ("Consultant") for professional services ("Agreement"), is made and entered into the_ day of , 2014. RECITALS WHEREAS, on June 20, 2013, the City and Consultant entered into an Agreement to have the Consultant provide professional services regarding Grimes Rock Mining Facility Expansions Final EIR; and WHEREAS, on September 17, 2013, the City and Consultant entered into an Amendment No. 1 to increase the compensation for services to be performed by Consultant by a total contract value of seventy-four thousand twenty-seven dollars and eighty cents ($74,027.80); and WHEREAS, on November 1, 2013, the City and Consultant entered into an Amendment No. 2 to increase the compensation for services to be performed by Consultant by a total contract value of seventy-four thousand twenty-seven dollars and eighty cents ($99,027.80); and WHEREAS, the City and Consultant now desire to increase the compensation for services to be performed by Consultant by a total contract value of one hundred thousand two hundred twenty-seven dollars and eighty cents ($103,227.80), and document said agreement to amend by jointly approving Amendment No. 3 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. SCOPE OF WORK, is amended to include the additional professional services to be performed by Consultant as set forth in Exhibit C. 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 new total not-to-exceed amount of one hundred thousand two hundred twenty-s~ven dollars and eighty cents ($103,227.80). 273 II. Remaining Provisions: Except as revised by this Amendment No. 3, all of the provisions of the Agreement shall remain in full force and effect. CITY OF MOORPARK THE SOHAGI LAW GROUP By: ___________ _ By: _____________ _ Steven Kueny, City Manager Margaret Moore Sohagi Attest: Maureen Benson, City Clerk Exhibit C -Retainer Agreement for Additional Professional Services The Sohagi Law Group Page 2 of 2 274 FEDERAL ID #: 20-5793439 STATEMENT OF ACCOUNT WITH: Steve Kueny, City Manager City of Moorpark 799 Moorpark A venue Moorpark, CA 93021 LAW OFFICES THE SOHAGI LAW GROUP A PROFESSIONAL LAW CORPORATION 11999 San Vicente Blvd., Suite 150 Los Angeles, CA 90049 TELEPHONE 310-475-5700 FACSIMILE 310-475-5707 Grimes Rock Mining Facility Expansion Final EIR Expenses Page December 3 1, 2013 Our Account No: Invoice No: Qty/Price 394.001 13092 Amount 11/11/2013 Linscott, Law & Greenspan Engineers; Invoice 14026-00103. 1 5,051.16 5,051.16 Total Expenses For Current Services Rendered Previous Balance 12/18/2013 Payment -Thank You. Check No. 147403 Total payments and adjustments Balance Due EXHIBIT C $5,051.16 0.00 $5,051.16 $33,613.47 ($33,613.47) ($33,613.47) $5,051.16 275 Linscott, Law & Greenspan. Engineers \..wg1,•111¥<~1'.Y~H•''"""•• y,?Jlifi.• '•·'l<'f.fiJ.$~1111.,,• 'l-.uJWN!> 2 Exticut1ve Circle. Suite 250. lr'Jina, CA 92614 I 949.SZ!i.6174 • r 949.RZS.5939 • wwvl.lkjm1g111""is.com P•s"'1Ma • Irvin•• San Oiego • Woodfand Hill< THE SOHAGI LAW GROUP Ms. Margaret Sohagi, Esq 11999 San Vicente Boulvd. Suite 150 Los Angeles, CA 90049 By Invoice number Date 14026-00103 11/11/2013 Project 1-13-4026 Grimes Rock, Inc. EIR PEER Review For professional services rendered from October 1, 2013 to October 31, 2013 For description of services see page 2 TRAFFIC ENGINEERING SERVICES LABOR Principal Engineer Senior Transportation Engineer Engineering Associate II Word Processor/Secretary Engineering Aide I EXPENSE Mileage Reimbursement SUBCONTRACTOR OutsideProfSvs Aging Summary Invoice Number Invoice Date 14026-00102 10/11/2013 14026-00103 11/11/2013 Total Labor subtotal Expense subtotal Subcontractor subtotal Outstanding Current Over30 1,434.50 1,434.50 5,051.16 5,051.16 6,485.66 5,051.16 1,434.50 Billed Hours Rate Amount 5.25 245.00 1,286.25 6.00 173.00 1,038.00 7.00 110.00 770.00 0.50 70.00 35.00 6.50 53.00 344.50 25.25 3,473.75 Cost Billed Amount Multiplier Amount 77.41 77.41 77.41 77.41 Cost Billed Amount Multiplier Amount 1,500.00 1,500.00 1,500.00 1,500.00 Invoice total 5,051.16 <!cX. -'d Over60 Over 90 Over 120 0.00 0.00 0.00 276 Page2 Billing Description Attachment Project Name: Grimes Rock, Inc. EIR PEER LLG Reference: 1-13-4026-1 Traffic Engineering Services Description of consulting services: October 1, 2013 through October 31, 2013 Participate in a conference call with the project team on October 3, 2013 regarding the County responses to the City of Moorpark comments. Coordinate with traffic count sub-consultant to conduct truck license plate surveys (7:30 AM to 11 :30 AM) at three locations over two typical weekday conditions. Obtain and review the truck license plate survey data. Highlight the Moorpark threshold criteria discrepancies between the Grimes project traffic study and the Moorpark Civic Center Campus project traffic study which were both prepared by KOA. Prepare a draft memorandum summarizing the Additional Review of Grimes Rock Mining Project. Transmit the draft memorandum to the project team for review. Based on project team comments, provide additional clarification and prepare/submit final memorandum. Continue coordination with the project team. 277 Bill To City Traffic Counters 302 N. First Ave Suite 4 Arcadia, CA 9 I 006 Linscott. Law & Greenspan Donald Rodriquez 600 South Lake Avenue Suite 500 Pasadena, CA 91106 Quantity P.O. No. 1-13-4026-1 Description l Conduct hourly license plate survey in the City of Moorpark. 4 hours. 2 Conduct hourly license plate survey 4.5 hours. I Conduct hourly license plate survey 5 hours includes training. 2 Conduct hourly license plate survey 5.5 hours includes training. Thank you for your business. Invoice Date Invoice# I 0/16/2013 202123 Terms Project Net 30 Rate Amount 220.00 220.00 240.00 480.00 260.00 260.00 270.00 540.00 ft' Total $1,500.00 278