HomeMy WebLinkAboutAGENDA REPORT 1995 0419 CC REG ITEM 11FTO:
FROM:
DATE:
ITEM I)s Fo
CAU!' .
C: y Council Mee are
of
A G E N D A R E P O R T
C I T Y O F M 0 0 R P A R K
The Honorable City Council
Jaime R. Aguilera, Director of Community Developmenw-
Deborah S. Traffenstedt, Senior Planner
April 10, 1995 (CC Meeting of 4- 19 -95)
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MOORPARK AND RRM DESIGN GROUP FOR
PREPARATION OF A DOWNTOWN SPECIFIC PLAN
BACKGROUND
The City Council reviewed a draft Professional Services Agreement
and Proposal from RRM Design Group for preparation of a Downtown
Specific Plan at the Council's March 15, 1995, meeting. At that
meeting, the Council directed staff to schedule a meeting of an Ad
Hoc Committee, composed of Councilmembers Perez and Wozniak, to
review the four proposals received and provide recommendations
regarding the scope of work.
DISCUSSION
The Ad Hoc Committee met on April 5, 1995. The Ad Hoc Committee
concurred with the selection of RRM Design Group, but recommended
that the scope of work be revised to minimize duplication of prior
work, and to focus on developing the implementation components,
including but not limited to the development standards and design
guidelines. The Ad Hoc Committee also recommended that no formal
City Council or citizen ad hoc committee should be involved in the
preparation of a Downtown Specific Plan, since there would be
adequate opportunity for public input through the planned workshops
and the Planning Commission and City Council public hearings.
In response to the Ad Hoc Committee's recommendations, RRM has
amended their proposal to revise several tasks previously proposed
in Phases I and II (see attached letter from RRM dated April 10,
1995, for explanation). Only one workshop is now proposed (Task
3.3), which is intended to be a joint Planning Commission /City
Council workshop, with a similar format to that followed for the
General Plan Update. RRM intends to schedule a walking tour of the
Downtown to immediate precede the joint workshop. Due to the
revisions to RRM's proposed scope of work, the total contract
amount has been reduced from $71,661.00 to $66,600.00.
00106.
The Honorable City Council
April 10, 1995
Page 2
A revised draft Professional Services Agreement is attached. Staff
is requesting that the City Council authorize the City Manager to
approve a Professional Services Agreement with RRM, for a total
contract amount not to exceed $67,000.00. Prior to approval of
that Professional Services Agreement, RRM's Proposal will be
updated to reflect the amendments discussed in the attached letter,
and the revised Proposal will be attached as Exhibit A to the
Agreement.
As discussed in the prior staff report dated March 9, 1995, staff
intends to request an allocation of funds for the 1995 -96 Budget
(Redevelopment Contractual Services) to pay for the unfunded
portion of RRM's contract and staff costs for contract
administration and review of the specific plan and related
implementation documents.
RECOMMENDATION
Direct the City Manager to approve a Professional Services
Agreement between the City of Moorpark and RRM Design Group for the
preparation of a Downtown Specific Plan and related services, for
a total contract amount not to exceed $67,000.00, subject to final
language approval by the City Attorney.
Attachments:
1. Letter from RRM Design Group dated 4 -10 -95
2. Draft Professional Services Agreement
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04/10/95 14:40 12805 543 4609 RRM DESIGN (;ROUP
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April 10, 1995
Ms. Deborah Traffenstedt
Senior Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Moorpark Downtown Plan
Dear Debbie:
It was so great to hear from you that we are indeed under consideration to assist the City in
preparing your Downtown Specific Plan. As you requested, I have amended the work scope
specifically to eliminate most of the public participation exercises that the committee felt were
unnecessary at this time since much outreach has been done with past efforts. Rather than
wmpletely revise the work scope in order to get you this letter as quickly as possible to
incorporate into your staff report for the April 19th meeting, i have attached a fee summary and
hourly breakdown reflecting the changes we discussed. Basically, our revised work- scope will,
be close to the same detailed work scope that your subcommittee reviewed, and modified to
reflect the bulleted tasks as outlined below:
1,1 Project lick -off meeting
1.2 Accumulate and review existing data
13 Prepare base map
1.4 Staff / agency / subcommittee meetings (?'his scope has been reduced to no long
involve a steering committee or ad hoc task }orce, but instead work with sta„' and
appropriate public agencies throughout the planning effort)
Q1001
1.5 Photo and note survey (This task is still needed to ensure accuracy in our plans, but will
only involve the cone -ltant and staO)
1.6 Evaluation of the 1989 Downtown Moorpark study
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00108
APR 10 '95 13:43 805 543 4609 PAGE.001
04/10/95 14: 31 '0805 543 4609 RRM DESIGN 4;ROUP
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1 9 9
Ms. Deborah Traffe.nstedt
Page 2
April 10, 1995
1.7 prepare an existing conditions overlay map
2.1 Identify issues, opportunities and constraints
2.2 Create marketing feasibility report
2.3 Perform land use analysis / clement
2.4 Parking study
2.5 Circulation study / circulation element
2.6 Summarize phase 11 working paper
2.7 Evaluate mixed used zoning in the Downtown (This task has been moved from the latter
part of Phase Ill to Phase II prior to the joint Planning Commission / City Council public
workshop so that discussion of mixed use zoning becomes the focus of that meeting)
,Q_ ding the d UMOINWk DFn Its if ..
Z002
3.1 Written &,sign program and staff review (In eliminating the design eharette task, we felt
this task should be added to enwe that any design direction our o ce would be taking
will be consistent with a written program, approved by slgf°}
3.2 Design / land use alternatives
3.3 Walking tour and joint PC / CC public workshop (This task has been sht�ed from Phase
11 to Phase 111, and the walkdnl; tour, PC / CC progress meeting and public workshop
have been combined into a single event. 7im purpose of this joint,public workshop would
be io review the design and land use alternatives and receive feedback in order to refine
Preferred design elements into one master alternative plan)
3.4 Refine the alternative master design plan
00109
APR 10 '95 13:33 eO5 543 4609 PAGE.002
04/10/95 14:31 0805 543 4609 RRM DESIGN GROUP
i
20
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Ms. rielwrah Traffenstedt
Page 3
April 10, 1995
3.5 Prepare public design improvements
3.6 prepare private property design. improvements
3.7 Summariye preliminary cost estimates
3.8 Create character sketches
3.9 Evaluate needed utilities and infiwt ucture
4.0 MalMEthe F1-W NO --
4.1 Cr =t / funding identification
4.2 Prepare the Tmplementation Plan Element
4.3 Prepare policy and code amendments
4.4 Prepare the Downtown Specific Plan
4.5 pmpare the Mitigated Negative Declaration
4.6 Conduct public hearings (This task has been modified to include two Planning
Commission and two City Council hearings instead of our earlier proposal for one
Planning Commission and two City Council hearings)
4.7 Prepare an Implementing Ordinance
With these wo* scope amendments, our budget estimate has been reduced from almost $72,000
to $67,000, which includes our estimated reimbursable expenses of 5% of the project total, ox
$3,500. This equates to a. total reduction of almost $5,000 in the estimated budget.
APR 10 '95 13:33 805 543 4609
0 003
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PAGE.003
04/10/95 14:31 $805 543 4609 RRM DESIGN GROUP X 004
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20
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Ms_ Deborab Traffenstedt
PW4
April 10, 1995
Finally, Debbie, I want to reiterate our earlier comment that we can always be flexible with the
work swpe once we get into the planning proem and determine if other pressing issues should
be addressed. Given that we have amended this a couple of times now, I think we are probably
getting closer to a work scope that meets the City Council's needs for the implemcntation of the
Downtown Plan. Please let me know if I can get you any additional information, and again, we
are si,noamly pleases that your City is considering RRM Design Croup for this exciting effort.
Sincerely,
RRM DESIGN GROUP
*r
lPrMesi aier
Plemning Division
cc: Mike MultarL Crawford, Multari Starr
Paul DeCumbe, RRM
Oh- moorp.va
00111
APR 10 '95 13:34 805 543 4609 PAGE.004
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CITY OF MOORPARK
Revised 3IV95
�T
- - QUIP,
1.1 Project Kick -off Meeting,
1.2 Accumulate and Review Existing Data
1.3 Prep are Base Ma
1.4 Staff /Agency /Subcommittee Meetings
1.5 Photo and Note Surrey (Consultant & Staff
1.6 Evaluation of Downtown Moorpark Study
1.7 Eaistiniz Conditions Overlay Map
Phase I Subtotal
2.1 issues, Opportunities and Constraints
2.2 Marketing Feasibility Report
2.3 Land Use Analysis/Element
2.4 Parking Study
2.5 Circulation Study /Circulation Element
2.6 Phase II Working Paper
2.7 Evaluate Mixed -Use Zoning
Phase II Subtotal
$652
2
MOORPARK DOWNTOWN SPECIFIC PLAN
4
5208
8
PROPOSAL WORKSHEET
$6,400
4
$2801
FEE SUMMARY AND HOURLY BREAKDOWN Page 1
$0
RIMI
$0
RRM
CMS
Task
We President
Senior Planer �kseecitle Planner
PrincapaI
Totals
79
8
52 38
85
$1,316
8
$560
8 $416 0 $0
4
$1,140
6$420
8 $416 8 $304
0
$1,108
2
$140
4 $208 20 $760
0
$2,384
20
$ 1,400
16 $832 4 $152
0
S896
4
5280
6 $312 8 $304
0
$872
8
$560
$1411
6
6
$312
$312
0
12
$0
$456
0
0
$9018
2
$652
2
$140
4
5208
8
$304
$6,400
4
$2801
0
$0
0
$0
$1,90()
12
$940
$560
$420
$420
$560
8
8
8
4
12
$416
$416
$416
5208
$624
8
161
16
0l
12
$304
S608
$608
$0
$456
$1,924
8
$1,444
$628
$2,150
6
6
8
$15,098
t
$340
$0
$b
$0
�t
$6,120
$340
$340
30
$510
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3.1 Written Design Program & Staff Review.
3.2 Design/Land Use Altematives
3.3 Walking Tour & Joint PC /CC Public We
3.4 Refine Altemative Plan
3.5 Public Design Improvements
3.6 Private Property Design Improvements
3.7 Cost Estimates
3.8 Character Sketches
3.9 Utilities and Infrastructure
Phase 1fI Subtolai
4.1 GrantfFun&nr Identification
4.2 Prepare Implementation Plan&lement
4.3 prepare Policy and Code Amendments
4.4 Prepare Specific Plan
4.5 pre. are Miti sled Negative Declaration
4.6 Public Hearings (2 PC & 2 CC)
4.7 prepare Implementing Ordinance
Phase I -IV City CoordinatioiXorrespondence
Phase IV Subtatai
MOORPARK DOWNTOWN SPECIFIC PLAN
PROPOSAL WORKSHEET
FEE SUMMARY AND HOURLF BREAKDOWN Page 2
$988
6
$420
8
$416
4
$152
0
$4
$2.932
14
$980
2o
$1,040
24
$912
d
$0
$560
8
$416
12
$456
0
$0
$1,432
8
$1.�
6
$42.0
8
$416
28
$1,064
0
$0
$4,548
20
$1,400
2�4
.11 -748
40
$1,520
4
$340
$4,508
20
$1,4001
24
$1,248
40
$1,520
4
$340
$1,080
8
$560
10
$520
0
$0
0
$0
S956
2
$140
4
$208
16
$608
0
$0
$1,000
4
$280
S
1
1 416
8 1
$304
0
$0
iI9,3L
-
562Q
4
$28Q
0
4
Sfl
4
$340
$56(l
6
$312
0
$0
32
$2,720
$3,592
g
- $2,558
16
$1,120
12
$624
8
$344
6
$510
$1,400.
32
$1,664
40
$1,520
5
$510
$5,094
20
$1,884
6
Sq2(]
12
$624
0
$0
12
$840
$1,680
10
$520
$0
6
$510
$2,710
2.4
$560
Q
SO
0
$0
4
$280
$846
8
$L.400
17
$884
4
$152
4
$340
$2,776
20
$20,07
$20,300
$15,652
$12, 758
$1480
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF MOORPARK AND RRM DESIGN GROUP
FOR PREPARATION OF A DOWNTOWN SPECIFIC PLAN
THIS AGREEMENT, made and entered into this day of ,
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 RRM Design Group, a California
corporation, hereinafter referred to as "CONSULTANT ".
W I T N E S S E T H
WHEREAS, City has the need for professional downtown planning
and design services; 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, Consultant 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, Consultant has submitted to City a Scope of Work
proposal for professional services attached hereto as Exhibit A;
and
WHEREAS, City wishes to retain Consultant for the performance
of the services identified in Exhibit A;
NOW THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
I. SCOPE OF WORK
City does hereby retain Consultant in a contractual capacity
to prepare a Downtown Specific Plan and provide related services,
as set forth in Exhibit A, Scope of Work for Moorpark Downtown
Specific Plan, which exhibit is attached hereto and hereinafter
referred to as the "PROPOSAL." Where said Proposal is modified by
this Agreement, or in the event there is a conflict between the
provisions of said Proposal and this Agreement, the language
contained in this Agreement shall take precedence.
Professional Services Agreement April 1995
City of Moorpark Page 1
00114
II. COMPENSATION
The fees in full compensation to Consultant for the services
rendered shall be as set forth in the Proposal, for an amount not
to exceed $66,600.00, without the prior written agreement of the
City of Moorpark and the Consultant of the changes in the scope of
work, which result in the increase of said cost. Payment by the
City to the Consultant shall be in accordance with the provisions
of Article V, Paragraph R, of this Agreement.
III. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended with or without
cause by City at any time with no less than ten (10) working days
written notice of such termination or suspension. This Agreement
may be terminated by Consultant only by providing City with written
notice no less than thirty (30) days in advance of such
termination. In the event of such termination or suspension,
Consultant 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 AGREEMENT
The term of this Agreement shall be the time period required
to complete all of the work tasks identified in Exhibit "A" and for
a one -year period following completion of all such tasks, unless
this Agreement is terminated or suspended pursuant to Article III
herein.
V. GENERAL CONDITIONS
A. Consultant shall agree not to work on 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 contract.
B. 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 Consultant performing services hereunder for
City.
C. Consultant 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 Consultant or of Consultants officers,
employees or agents, except as herein set forth. Consultantshall
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.
Professional Services Agreement April 1995
City of Moorpark Page 2
00115
D. At the time of 1) termination of this 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 Consultant or their
subcontractor(s) or obtained in the course of providing the
services to be performed pursuant to this Agreement shall become
the sole property of the City. Any computer files provided to the
City shall use IBM compatible, Word Perfect 5.1 word processing
software, on a 3.5 -inch diskette.
E. Consultant 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 Consultant 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 Consultant by reason of Paragraph E hereof,
because of the acceptance by the City, or the deposit with the
City, of any insurance policy or certificate 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 E hereof.
F. Consultant 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 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 Consultant.
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
Professional Services Agreement April 1995
City of Moorpark Page 3
00116
than thirty (30) days before the cancellation or
amendment is effective. Consultant shall give city
thirty (30) days written notice prior to the expiration
of such policy.
3. Be written on an occurrence basis.
G. Consistent with the provisions of Paragraph F, Consultant
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.
H. Consistent with the provisions of Paragraph F, Consultant
shall provide workers, compensation insurance as required by the
California Labor Code. If any class of employees engaged by
Consultant in work under this Agreement is not protected by the
workers, compensation law, Consultant shall provide adequate
insurance for the protection of such employees to the satisfaction
of the City.
I. 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.
J. The language contained in this Agreement shall take
precedence over the language contained in any exhibit to this
Agreement.
K. Payment to Consultant shall be made by City within thirty
(30) days of receipt of invoice, if the invoice is not contested or
questioned by City. If the City identifies a discrepancy between
the invoice amount and the work tasks or products completed, the
City shall within fifteen (15) work days of receipt of the invoice
specify in writing the discrepancy. Consultant shall then either
1) provide support materials to satisfy City stated discrepancy, or
2) revise the invoice to reflect stated discrepancy. City shall
then pay the revised or documented invoice within thirty (30) days
of such revision or documentation
L. 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:
Professional Services Agreement April 1995
City of Moorpark Page 4
00117
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 9302L
To: LeeAnne E. Hagmaier
Vice President
RRM Design Group
3026 South Higuera Street
San Luis Obispo, CA 93401
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.
M. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or Consultant 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 Consultant.
N. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all prior
agreements or understanding, oral or written, are hereby merged
herein. This 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.
O. 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 i to be prepared.
P. No waiver of any provisions 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 provisions. 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 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
reasonable attorney's fees, from the losing party, and any
judgement or decree rendered in such a proceeding shall include an
award thereof.
Professional Services Agreement April 1995
City of Moorpark Page 5
00'18
R. Cases involving a dispute between the City and Consultant
may be decided by an arbitrator if both sides agree in writing,
with costs proportional to the judgement of the arbitrator.
S. 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 Venture County, California.
T. 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 Arti.r.les, Paragraphs, and Exhibits
hereof.
VI. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Consultant overall
performance of the Agreement provisions herein above set forth and
to serve as principal liaison between City and Consultant shall be
LeeAnne Hagmaier. 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 this
Agreement, and to serve as principal liaison between Consultant and
City, shall be the Director of Community Development.
VII. IMPLEMENTATION
The City shall provide Consultant with written notice in
advance of the date at which these services are to be implemented
if different than the date of the Agreement.
CITY OF MOORPARK: RRM DESIGN GROUP
Steven Kueny
City Manager
ATTEST:
Lillian E. Hare, City Clerk
LeeAnne E. Hagmaier
Vice President
Exhibit A - Proposal for a Downtown Specific Plan, RRM Design Group
Professional Services Agreement April 1995
City of Moorpark Page 6
00119