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HomeMy WebLinkAboutAGENDA REPORT 1992 0506 CC REG ITEM 08Vr V-6 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 °�oR )�1g�YA City Card Mctet.n0 of ) 1992. ACTION: MEMORANDUM TO: The Honorable City Council BY FROM: Patrick J. Richards, Director of Community Development DATE: May 5, 1992 (for May 6, 1992 City Council Meeting) SUBJECT: Termination of PBR's contract for Updating of the General Plan Land Use and Circulation Elements, Sphere of Influence Study and Related Environmental Impact Report. Staff is suggesting that the Council consider termination of the General Plan Consultant's contract. The following information has been provided to assist the Council in their decisions regarding this matter. GENERAL PLAN UPDATE - BACKGROUND HISTORY Original Contract Amounts In June of 1989, the original PBR contract amount was $143,500.00. In September of 1990, this contract amount was revised and the contract amount was increased by $24,230.00; subsequently in September of 1990 the original contract was revised from $143,500.00 to $167,730.00. The additional costs incurred was due to: the need for additional property ownership identification and mapping, additional Environmental Impact Report alternative analysis, and expansion of the Environmental Impact Report to include areas within the proposed Sphere of Influence Expansion study area. In March of 1991, PBR's contract was increased by $2,250.00 for preparation of: a Horizon Line Exhibit, Valley Floor Exhibit, and a comparison table of land use alternatives within the Environmental Impact Report. In September of 1991, the City and PBR (in cooperation with AFA) agreed to "close out" the first contract with an outstanding balance. By September of 1991, PBR's contract had been "revised" PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The Honorable City Council May 5, 1992 Page 2 three times and AFA' s contract had been revised twice. By September of 1991, PBR's contract, due to the subsequent contract revisions, had totalled $169,980.00. CONTRACTS Settlement and Agreement Contracts On September 9, 1991, the City and PBR signed a Compromise, Settlement and Mutual Release Agreement and an Agreement for Completion of the General Plan Update. The Compromise, Settlement and Mutual Release Agreement closed the first contract. However, a caveat was put in the Settlement (Section 1A, page 2) which stated that the City shall pay to PBR $14,729.49 remaining of the first contract. The Settlement Contract also stated that the City would pay, in two installments, $44,000.00 to PBR. In total, the Settlement specified that the City would pay to PBR a total of $58,729.49, after closure of the first contract. The Agreement Contract stated that the City would pay to PBR $38,959.00 for completion of the General Plan Update. Settlement and Agreement Summa.ry The remaining balance to PBR is as follows: First Contract: $14,729.49 (Contract closed - with balance due to PBR, money due w i t h i n t h e Settlement Contract) Settlement Contract: $44,000.00 (Settlement) Completion Agreement: $38,959,00 The Honorable City Council May 5, 1992 Page 3 Contract Summary, Including all Contract Revisions PBR: Contract Amounts: Cumulative Budget: Original Revised Revised Settlement Agreement Total PBR Amount: PAYMENTS $143,500.00 $ 24,230.00 $ 2,250.00 $ 58,729.49 $ 38,959.00 $167,730.00 $169,980.00 $228,709.49 $267,668.49 $267,668.49 Payments Remaining to be Paid to PBR Under the Settlement: The City has paid the entire Settlement amount of $58,729.49, no balance remains. Payments Remaining to be Paid to PBR Under the Agreement: As of March 1, 1992, under the Agreement Contract, PBR has indicated that $12,730.00 remains to be paid (1). Per work task PBR Is invoices show the following remaining balances for completion of the following work tasks: 1 The balance amount includes money due to AFA. The Honorable City Council May 5, 1992 Page 4 Task Budget Invoiced (2) Remaining Phase I $16,000.00 Task A (DEIR(3) $ 2,000.00 $ 2,000.00 $ 0 Task B (FEIR( °) $14,000.00 $14,000.00 $ 0 Phase II $14,959.00 Task A (DLU +C(5) $ 2,150.00 $ 2,150.00 $ 0 Task B (FLU +C(6) $ 6,900.00 $ 79.00 $ 6,821.00 Task C (LUMaps) $ 4,900.00 $ 0 $ 4,900.00 $ 1,009.00 $ 0 $ 1,009.00 Phase III $ 8,000.00 $8,000.00 $ 0 Public Hearings Total Remaining: $12,730.00 ADDITIONAL COSTS Special Meeting Attendance Costs outside of Contract Budgets: PBR's contract identifies that PBR will attend two Planning Commission meetings and two City Council meetings. Any meeting attendance in addition to these two meetings, would require payment of funds above and beyond the contract amount to the consultant. On two occasions, PBR attended additional meetings (November 21, 1991 at a cost of $653.80 and December 20, 1992 at a cost of $823.80). Total special meeting costs above and beyond any contract cost has totaled $1,477.60. 2 As of March 9, 1992 3 Draft Environmental Impact Report 4 Final Environmental Impact Report 5 Draft Land Use and Circulation Element 6 Final Land Use and Circulation Element The Honorable City Council May 5, 1992 Page 5 SPHERE OF INFLUENCE STUDY - BACKGROUND HISTORY Original Contract Amounts The City entered into a contract with PBR for a Sphere of Influence Expansion Study. The original contract amount was $38,550.00. Of this contract amount, PBR has identified that $12,610.40 is remaining to be paid to PBR. Based upon the Sphere of Influence contract, the remaining Sphere of Influence Contract balance is allocated for the following work tasks: Consultant attendance at City Council meetings, Local Agency Formation Commission ( LAFCO) application submittal, LAFCO meetings, revisions as requested by LAFCO, and project coordination. Recommendation: 1) Concur with staff's recommendation to terminate the General Plan Consultant's contract for updating of the General Plan Land Use and Circulation Elements and Sphere of Influence Contract.