HomeMy WebLinkAboutAGENDA REPORT 1995 0920 CC REG ITEM 08CITEM
AGENDA RE P 0 R T - - -- --
C I T Y O F M O O R P A R K
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developme
Deborah S. Traffenstedt, Senior Planner �,T-
DATE: September 8, 1995 (CC Meeting of 9- 20 -95)
SUBJECT: CONSIDER APPROVAL OF AN ADDENDUM TO THE AGREEMENT BETWEEN
THE CITY AND MORRISON- FOUNTAINWOOD- AGOURA (MFA) FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND
SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES FOR THE
SPECIFIC PLAN NO. 2 PROJECT, AND APPROVAL OF A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND
AUSTIN -FOUST ASSOCIATES, INC., (AFA) FOR PREPARATION OF
A TRAFFIC STUDY FOR THE SPECIFIC PLAN NO. 2 PROJECT
BACKGROUND
The applicant and staff are in concurrence that the Traffic Study
for the Specific Plan No. 2 Project should be prepared by AFA,
under direct contract to the City. As the City's Traffic Model
consultant, AFA is already familiar with the circulation issues
associated with the Project site and the City's Area of Interest.
In addition, AFA is familiar with the regional circulation issues,
having prepared the Countywide Traffic Model for the Ventura County
Transportation Commission.
Attached to this staff report is a draft Addendum to the existing
Agreement between the City and Morrison - Fountainwood- Agoura for the
Preparation of the Environmental Impact Report and Specific Plan,
and a Professional Services Agreement between the City and AFA for
preparation of the Traffic Study. The Proposal letter from AFA is
attached to the draft Professional Services Agreement.
DISCUSSION
The scope of work for the Traffic Study has been written to address
the number of alternatives to be analyzed, not the specific
alternatives to be analyzed. The number of land use alternatives
and circulation alternatives proposed to be analyzed in the Traffic
Study is consistent with the EDAW Scope of Work for the
Environmental Impact Report. The City Council and the Planning
Commission will be involved in the determination of the Project
alternatives. The EDAW Scope of Work (previously approved by the
City Council) details the process and schedule to be followed for
developing the Project alternatives.
00001.7
A 9 5 -q9
Honorable City Council
September 8, 1995
Page 2
RECOMMENDATION
1. Authorize the Mayor to sign an Addendum to the Agreement
between the City of Moorpark and MFA for Preparation of an
Environmental Impact Report and Specific Plan, and Provision
of Related Services for the Specific Plan No. 2 Project,
subject to final language approval by the City Manager and
City Attorney.
2. Authorize the Mayor to sign a Professional Services Agreement
between the City of Moorpark and AFA for Preparation of a
Traffic Study for the Specific Plan No. 2 Project, subject to
final language approval by the City Manager and City Attorney.
Attachments:
1. Draft Addendum Agreement between City and MFA
2. Draft Professional Services Agreement between City and AFA
(includes their Proposal dated 8- 15 -95)
000011's
ADDENDUM TO AGREEMENT BETWEEN THE CITY OF
MOORPARK AND MORRISON- FOUNTAINWOOD- AGOURA FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
AND SPECIFIC PLAN, AND PROVISION OF RELATED
SERVICES FOR SPECIFIC PLAN NO. 2 PROJECT
THIS ADDENDUM, made and entered into this day of
1995, by and between the City of Moorpark ( "City "), a
Municipal Corporation, located in the County of Ventura, State of
California, and Morrison - Fountainwood- Agoura ( "MFA "), a California
limited partnership, which Addendum is entered into with reference
to the following recitals.
RECITALS
WHEREAS, on August 23, 1995, MFA entered into an Agreement
with the City, requiring MFA to be responsible for payment of all
costs associated with preparation of an Environmental Impact Report
and Specific Plan, and provision of related services for the
Specific Plan No. 2 project; and
WHEREAS, a revision to Article II, Payment Terms for City
Costs, is now required to reflect the intent of both MFA and the
City to have the City hire Austin -Foust Associates, Inc., to
prepare the traffic study;
NOW, THEREFORE, in consideration of the above recitals, the
parties agree as follows:
Article II, PAYMENT TERMS FOR CITY COSTS, is hereby modified
to add Paragraphs E and F to read as follows:
E. Deposit for AFA Traffic Study - MFA shall make a deposit
of $31,165 into the Specific Plan No. 2 Project trust
fund account, to be used by City for full payment of the
costs for Austin -Foust Associates, Inc. ( "AFA") to
prepare the Project Traffic Study, in accordance with a
Professional Services Agreement between the City and AFA,
which is attached hereto and incorporated herein as
Exhibit "2 ". The $31,165 total cost is based on AFA's
proposal amount of $27,100, and the City's administrative
fee amount of $4,065. The City will not execute the
Professional Services Agreement with AFA until MFA
submits the total deposit amount of $31,165 to the City.
If traffic modeling for alternatives exceeds the cost
estimated by AFA, the applicant shall pay the City for
the cost of the additional traffic model runs, plus the
City's administrative fee, within ten days from receipt
of invoice.
dst- 09- 12- 95 12:21pmc:\WP51\SP -2\AGR ADZ.MFA
00001. )
F. Fee for Traffic Model Update - MFA shall pay $4,519 to
the City as a fair -share payment for Traffic Model Update
costs prior to City execution of the Professional
Services Agreement with AFA.
IN WITNESS WHEREOF, the parties have caused this Addendum
Agreement to be executed as of the day of
19
CITY OF MOORPARK: Morrison - Fountainwood- Agoura
California General Partnership
BY BY Morrison - Moorpark
Paul W. Lawrason Jr. California General Partnership
Mayor
Michael Greynald
General Partner
BY Fountainwood- Agoura
California General Partnership
Mark Rosenberg
General Partner
ATTEST:
BY
Lillian E. Hare
City Clerk
Attachment: Exhibit "2" - Professional Services Agreement
between the City of Moorpark and AFA (includes
Exhibit "A ", Scope of Work)
dst- 09- 12- 95 12:21pmC:\WP51\SP -2\AGR ADI.MPA 2
()()0(11 U
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MOORPARK AND AUSTIN -FOUST ASSOCIATES,
INC., FOR PREPARATION OF A TRAFFIC STUDY FOR
THE SPECIFIC PLAN NO. 2 PROJECT
THIS AGREEMENT, made and entered into this day of
October, 1995, by and between the City of Moorpark, a municipal
corporation located in the County of Ventura, State of California,
hereinafter referred to as "CITY" and Austin -Foust Associates,
Inc., a California Corporation, hereinafter referred to as "AFA."
W I T N E S S E T H
Whereas, City has the need for professional traffic
engineering and transportation planning services related to the
preparation of a Traffic Study for the Specific Plan No. 2 project;
and
Whereas, City desires to contract for such services with a
private consultant in anticipation that said private consultant can
provide such services in a manner acceptable to the City; and
Whereas, AFA is experienced in providing such services and is
able to provide personnel with the proper experience,
certifications, and background to carry out the duties involved;
and
Whereas, AFA has submitted to City a scope of work proposal,
for preparation of a Traffic Study for the Specific Plan No. 2
Project, which is attached hereto as Exhibit "A" and hereinafter
referred to as the "Proposal "; and
Whereas, City, wishes to retain AFA for the performance of the
services identified in the Proposal; and
Whereas, the City has entered into an Agreement with the
Specific Plan No. 2 applicant, Morrison - Fountainwood- Agoura,
requiring the applicant to pay to City all costs incurred by City
in strict accordance with the AFA Professional Services Agreement
and Proposal;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
DST 09 -8 -95 SP2- AFA.AGR 1
I. SCOPE OF WORK
City does hereby retain AFA in a contractual capacity to
perform traffic engineering and transportation planning services,
as set forth in Exhibit "A ", the Proposal, which is attached hereto
and by this reference incorporated herein. Where said Proposal is
modified by this Professional Services Agreement, the language
contained in this Agreement shall take precedence.
II. COMPENSATION
The fees in full compensation to AFA for the services rendered
shall not exceed $27,100.00, without the prior written
agreement of AFA and the City Manager of the changes in the
Scope of Work that result in the increase of services and
compensation. Payment to AFA shall be made by the City
consistent with the provisions of Article V, Paragraph K, of
this Professional Services Agreement.
III. TERMINATION OR SUSPENSION
This Professional Services Agreement may be terminated or
suspended with or without cause by the City at any time with
no less than ten (10) working days written notice of such
termination or suspension. This Professional Services
Agreement may be terminated by AFA only by providing the City
with written notice no less than thirty (30) days in advance
of such termination. In the event of termination or
suspension, AFA shall be compensated for such services up to
the date of termination or suspension. Such compensation for
work in progress shall be prorated as to the percentage of
progress completed at the date of termination or suspension.
IV. TERM OF PROFESSIONAL SERVICES AGREEMENT
The term of this Professional Services Agreement shall be the
time period required to complete all of the work tasks
identified in the Proposal and for a one -year period following
completion of all such tasks, unless this Agreement is
terminated pursuant to Article III herein.
V. GENERAL CONDITIONS
A. AFA agrees not to provide traffic engineering and
transportation planning or related services for any other
public agency or private development project located
within the City limits or its Area of Interest, without
the prior written consent of the City, during the term of
this Professional Services Agreement.
DST 09 -8 -95 SP2- AFA.AGR 2
0000%;-"
B. AFA agrees not to provide traffic engineering and
transportation planning or related services for Morrison -
Fountainwood- Agoura, or any other affiliated company,
partnership, or corporation project, without the prior
written consent of the City, during the term of this
Professional Services Agreement.
C. City shall not be called upon to assume any liability for
the direct payment of any salary, wage or other
compensation to any person employed by AFA performing
services hereunder for City.
D. AFA is and shall at all times remain as to the City a
wholly independent contractor. Neither the City nor any
of its officers, employees, servants or agents shall have
control over the conduct of AFA or of AFA's officers,
employees or agents, except as herein set forth.
AFA shall not at any time or in any manner represent that
it or any of its officers, employees or agents are in any
manner employees of the City.
E. At the time of 1) termination of this Professional
Services Agreement or 2) conclusion of all work; all
original documents, designs, drawings, reports,
calculations, diskettes, computer files, notes, and other
related materials whether prepared by AFA or their
subcontractor(s) or obtained in the course of providing
the services to be performed pursuant to this
Professional Services Agreement shall become the sole
property of the City. If requested by City, all traffic
study text computer files shall be provided to the City
using IBM compatible, Word Perfect 6.0 word processing
software, on a 3.5 -inch diskette.
F. AFA shall hold harmless, indemnify and defend the city
and its officers, employees, servants and agents and
independent contractors who serve in the role of City
Manager, Deputy City Manager, Director of Community
Development, City Engineer, or City Attorney from any
claim, demand, damage, liability, loss, cost or expense,
for any damage whatsoever, including but not limited to
death or injury to any person and injury to any property,
resulting from, or in any way connected with the
performance of this Agreement by AFA or the City, except
such damage as is caused by the sole negligence of the
City.
The City does not, and shall not, waive any rights that
it may have against AFA by reason of Paragraph F hereof,
because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate
DST 09 -8 -95 SP2 APA.AGR 3
l3 l.7 if �3 Aa J
required pursuant to this Agreement. This hold harmless
and indemnification provision shall apply regardless or
whether or not said insurance policies are determined to
be applicable to the claim, demand, damage, liability,
loss, cost or expense described in Paragraph F hereof.
G. AFA shall secure from a good and responsible company or
companies doing insurance business in the State of
California, pay for, and maintain in full force and
effect for the duration of this Agreement the policies of
insurance required by this Paragraph and shall furnish to
the City Clerk of the city certificates of said insurance
on or before the commencement of the term of this
Professional Services Agreement. Notwithstanding any
inconsistent statement in any of said policies or any
subsequent endorsement attached thereto, the protection
offered by the policies shall:
1. Name the City and its officers, employees, servants
and agents and independent contractors serving in
the role of City Manager, Deputy City Manger,
Director of Community Development, City Engineer,
or City Attorney, as additional insured with AFA.
2. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation or amendment is
effective. AFA shall give city thirty (30) days
written notice prior to the expiration of such
policy.
3. Be written on an occurrence basis.
H. Consistent with the provisions of Paragraph G, AFA shall
provide general public liability including automobile
liability and property damage insurance in an amount not
less than one million dollars ($1,000,000.00) per
occurrence and annual aggregate.
I. Consistent with the provisions of Paragraph G, AFA shall
provide workers, compensation insurance as required by
the California Labor Code. If any class of employees
engaged by AFA in work under this Professional Services
Agreement is not protected by the workers' compensation
law, AFA shall provide adequate insurance for the
protection of such employees to the satisfaction of the
City.
DST 09 -8 -95 SP2- AFA.AGR 4 000024
J. AFA shall not assign this Professional Services
Agreement, or any of the rights, duties or obligations
hereunder. It is understood and acknowledged by the
parties that AFA is uniquely qualified to perform the
services provided for in this Professional Services
Agreement.
K. Payment to AFA shall be made by City within forty (40)
days of receipt of invoice, except as otherwise provided
for in this Paragraph. Payment to AFA shall not be made
by City within forty (40) days for any invoice which is
contested or questioned and returned by City with written
explanation within fifteen (15) days of receipt of
invoice. AFA shall provide to City a written response to
any invoice contested or questioned, and further, upon
request of City, shall provide City with any and all
documents related to any invoice. Invoices shall only be
submitted to City by AFA following completion of each
individual task identified in the Proposal, and the
written work product for each completed task shall
accompany each invoice.
L. Any notice to be given pursuant to this Professional
Services 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: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Kendall Elmer
Austin -Foust Associates, Inc.
2020 North Tustin Avenue
Santa Ana, CA 92701
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 second (2nd) day after deposit in the United
States mail.
DST 09 -8 -95 SP2- AFA.AGR
5
V ��l➢C:aJ
M. Nothing contained in this Professional Services Agreement
shall be deemed, construed or represented by the City or
AFA or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint
venture, or of any other association of any kind or
nature between the City and AFA.
N. This Professional Services Agreement constitutes the
entire agreement of the parties concerning the subject
matter hereof and all prior agreements or understandings,
oral or written, are hereby merged herein. This
Professional Services Agreement shall not be amended in
any way except by a writing expressly purporting to be
such an amendment, signed and acknowledged by both of the
parties hereto.
0. Should interpretation of this Professional Services
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.
P. No waiver of any provision of this Professional Services
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.
Q. 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 Professional Services
Agreement or as a result of any alleged breach of any
provision of this Professional Services Agreement, the
prevailing party shall be entitled to recover its costs
and expenses, including reasonable attorney's fees, from
the losing party, and any judgment or decree rendered in
such a proceeding shall include an award thereof.
R. Cases involving a dispute between the City and AFA may be
decided by an arbitrator if both sides agree in writing,
with costs proportional to the judgment of the
arbitrator.
S. This Professional Services 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.
DST 09 -8 -95 SP2 AFA.AGR 6
T. The captions and headings of the various Articles and
Paragraphs of this Professional Services Agreement are
for convenience and identification only and shall not be
deemed to limit or define the content of the respective
Articles and Paragraphs hereof.
VI. RESPONSIBLE INDIVIDUAL
The individual directly responsible for AFA overall
performance of the Professional Services Agreement provisions
herein above set forth and to serve as principal liaison
between City and AFA shall be Kendall Elmer. Upon mutual
written agreement of the parties, other individuals may be
substituted in the above capacity.
The City's contact person in charge of administration of the
AFA Professional Services Agreement, and to serve as principal
liaison between AFA and City, shall be the Director of
Community Development.
VII. IMPLEMENTATION
The City shall provide AFA with written notice in advance of
the date at which these services are to be implemented if
different than the date of the Professional Services
Agreement.
CITY OF MOORPARK:
By:_
Paul
Mayor
W. Lawrason Jr.
ATTEST:
By:
Lillian E. Hare, City Clerk
Attachment:
AUSTIN -FOUST ASSOCIATES, INC.:
By:
Terence W. Austin, Principal
Exhibit "A" - Proposal letter from AFA dated August
15, 1995, for Specific Plan No. 2 Traffic Study
DST 09 -8 -95 SP2- AFA.AGR 7
®,
INC,
TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING
2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92701 • TELEPHONE (714) 667 -0496
FAX (714) 667 -7952
August 15, 1995
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
ATTENTION: Ms. Debbie Traffenstedt
PROPOSAL: SPECIFIC PLAN NO. 2 TRAFFIC STUDY
Dear Ms. Traffenstedt:
Austin -Foust Associates, Inc. (AFA) is pleased to propose a scope of services to prepare a traffic
study for the Specific Plan No. 2 area located in the City of Moorpark. The traffic study is intended
for submittal to the City in support of the overall Environmental Impact Report (EIR) being
prepared for the project. We have prepared our suggested scope of services based on discussions
with City Staff as well as our own knowledge and experience regarding circulation issues in the city.
The individual tasks comprising the scope of work for the study are described as follows:
TASK 1. Available Traffic Study Assimilation and Review. Review existing conditions
traffic data that is available, and determine the need for any additional traffic data
required.
TASK 2. Impact Analysis. A trip generation, distribution, and intersection impact analysis
associated with the land use and circulation plan will be carried out. Traffic
conditions will be analyzed for both a short -range and a long -range setting. Short -
range conditions based on the year 2000 version of the City's traffic model will be
analyzed for two land use settings (typically with and without a first phase of the
project), and long -range (year 2010) traffic model forecasts will be used to analyze
conditions with and without full development of the proposed project. In addition,
up to three project land use alternatives and up to five long -range circulation
alternatives will be examined.
TASK 3. Mitigation Measures. This task will identify and evaluate suitable mitigation for
project traffic at intersections where the City's standard level of service is not
provided and /or maintained.
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AUG 171495
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City of Moorpark
August 15, 1995
Page 2
TASK 4. Special Issues. This task will address special circulation issues, such as future new
roadways (SR -118, SR -23, and the Broadway extension), and the relationship
between the Specific Plan area and General Plan circulation element.
TASK 5. Local Circulation. In this task the local circulation system will be reviewed.
Subject areas to be addressed will include access, signalization, and safety.
TASK 6. Traffic Study Report. This will be prepared in a format suitable for incorporation
into the EIR, and will provide a comprehensive description of the impact analysis
and of the findings and recommendations for project mitigation measures.
The work is proposed to be completed on a time and materials basis for a fee not to exceed $15,500
based on the estimated personnel allocation and cost per task, as shown in Table 1. This estimate
includes two work sessions during the course of the study, but does not include attendance at public
hearings that may take place during or at the end of the study. Costs for attendance at any such
meetings would be charged on a time and materials basis and would be provided upon request.
Included on the cost estimate summary table are two additional cost items that will be required for
the traffic study. The first is the cost for collecting existing traffic count data, the need for which will
be determined as part of work task #1. The cost estimate is based on collecting peak hour (AM and
PM) turn volumes for up to ten intersection locations based on a fee of $285 per intersection. The
second cost item represents the City's fee for providing traffic model forecast data. The fee amount
is based on the number of traffic forecast settings described earlier in work task #2, including seven
land use analysis model runs (short -range and long -range with and without project land use and three
land use alternatives) at $750 each and five circulation alternative model runs at $500 each. A $1,000
contingency has also been added at the City's request for additional model runs that may be required
for the analysis. The actual cost for processing multiple model runs for a project of this type may be
somewhat less per run since preparation tasks do not necessarily need to be repeated once a first run
has been completed.
Project ivlanager for AFA's work e6ori will be myself and I will be supported by Catherine Lawrence,
an AFA Traffic Engineering Associate with extensive experience in the preparation of traffic impact
analyses in Ventura County. Joe Foust, one of AFA's principals, will also assist with the work effort
in an advisory role. Work shall begin immediately upon notice to proceed with a draft report
completed within 45 days following receipt of the City's specifications for carrying out the traffic
model runs.
Thank you for the opportunity to propose on this important planning effort. Please contact myself
or Joe Foust if you have any questions regarding this proposal.
Sincerely,
Kendall E. Elmer
Project Manager
000012y
City of Moorpark
August 15, 1995
Page 3
Table 1
COST ESTIMATE
I. COST SCHEDULE
Classification Rate Hours Cost
Principal
$115
5
$ 575
Project Engineer
$100
20
2,000
Transportation Engineer
$75
80
6,000
Transportation Analyst
$50
60
3,000
Technical/Clerical
$40
80
3,200
Direct Costs $ 725
TOTAL $156500
II. COST BREAKDOWN BY TASK
TASK 1. Available Traffic Study Assimilation and Review
$ 500
TASK 2. Impact Analysis
4,500
TASK 3. Mitigation Measures
2,000
TASK 4. Special Issues
2000
TASK 5. Local Circulation
2,000
TASK 6. Traffic Study Report
4_,500
TOTAL $15,500
III. ADDITIONAL COST ITEMS
Traffic Counts (10 intersections) $2,850
Traffic Model Runs (City fee) $8,750
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