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HomeMy WebLinkAboutAGENDA REPORT 1995 0315 CC REG ITEM 11EITEM lit, F0 _ ?h^ 1, C, _ ry Council MeeLi ;f f� 199 AC?I '`/ ✓red A G E N D A R E P O R T �! C I T OF M 0 0 R P A R K TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Devel Pm Deborah S. Traffenstedt, Senior Planner �5-r DATE: March 9, 1995 (CC Meeting of 3- 15 -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 To assist in accomplishment of the City Council's proposed goals and objectives for Fiscal Year 1994 -1995, staff is proposing that a qualified consultant be hired to prepare a City of Moorpark Downtown Specific Plan. Staff received proposals for preparation of a Downtown Specific Plan from four consultants: Hogle- Ireland, Inc.; Mainstreet Architects and Planners, Inc; Rasmussen and Associates Architects and Town Planners; and RRM Design Group. Staff is recommending the hiring of RRM Design Group, based on their experience, proposal scope, and fee amount ($71,661). The Hogle- Ireland, Inc., proposal amount was for $65,190, but did not include the cost for determining required mitigation measures and preparation of a mitigation monitoring program; did not include any budgeted amount for reimburseable expenses (travel, reproduction, etc.); and the market analysis component was identified as costing an additional $21,050. The Mainstreet Architects and Planners, Inc., proposal amount was for $73,500 (including mitigated negative declaration), with an additional option costing $15,240 for economic analysis of development opportunities. The Rasmussen and Associates proposal amount was for $69,700, but did not include the same level of market /economic analysis as is proposed by RRM. RRM's relevant work experience includes the preparation of a Downtown Plan for Old Town Calabasas in 1993 (for which they were awarded an American Planning Association award). RRM is also currently working on a Downtown Revitalization Plan for the City of Arvin and recently completed a Downtown Design Plan and Housing Study for the City of Newman. RRM has extensive and diverse experience in the preparation and implementation of specific plans, design guidelines, master plans, and land planning projects, and general plan documents.. The Honorable City Council March 9, 1995 Page 2 DISCUSSION Attached to this staff report is a proposed Professional Services Agreement between the City of Moorpark and RRM Design Group. Exhibit A to the Agreement will be provided under separate cover to the City Council, and consists of the Proposal, including scope of work, fee summary, schedule for preparation of a Moorpark Downtown Specific Plan, and qualifications /prior experience. Staff found RRM's proposal to be the most detailed and comprehensive in comparison to the other three proposals received. Staff was also impressed with RRM's overall work experience, including the quality of the Downtown Plan for Old Town Calabasas. RRM's proposed scope of work for a Downtown Specific Plan includes extensive and innovative opportunities for public input; the evaluation of an economic "niche" for Downtown; land use, circulation, and parking analysis; utilities and infrastructure analysis; design guidelines; and an implementation plan including development standards. RRM's Proposal identifies that both a City staff (agency oversight) committee and a City Council appointed steering committee would be used to provide direction and input throughout the preparation of the specific plan. The steering committee could be a standing City Council committee or an ad hoc committee similar to the Measure F Ad Hoc Committee (which is composed of two City Council members, two Planning Commissioners, and four public members). If a City Council committee is preferred, staff's recommendation is to use either the Economic Development /Affordable Housing Committee or the Community Development Committee and then advertise their meetings so as to increase public involvement. If an ad hoc committee is preferred, staff recommends that the public members should be a combination of downtown merchants and residents. In addition to the committee approach, RRM has proposed to hold three workshops and a design charette, prior to the formal public hearings on the specific plan. These planned public meetings are intended to facilitate public input and progress reporting. The public hearings are scheduled to begin within approximately nine months following contract approval... The total contract amount proposed by RRM is $71,661.00. Staff recommends that the City Council. authorize a total contract amount of $75,000, so as to allow the City Manager the flexibility to approve minor contract amendments without the requirement for formal Council approval. The intent is that Redevelopment funds will pay for the proposed Downtown Specific Plan. The Redevelopment Agency can use a portion of the 1993 bond proceeds. The Honorable City Council March 9, 1995 Page 3 The 1994 -1995 Budget does include an appropriation of $66,640 for Planning staff time related to work to be done for redevelopment projects. That amount was based on the premise that the Associate Planner would prepare a Downtown Specific Plan document (the staff time required to complete the Plan was estimated to be 700 hours). Since the Associate Planner position has been left vacant, there is a need to hire a qualified consultant to prepare the Downtown Specific Plan. The original staff cost estimate for plan preparation did not include any market /economic analysis component, such as is included in the RRM Proposal. The cost for the market /economic analysis is one reason for the higher cost to have a consultant complete the Downtown Specific Plan, and it is staff's opinion that this is an important component that should be included. The $66,640 already budgeted for Planning staff time will be sufficient to initiate the contract with RRM. Staff's intent is to request an allocation of funds for Redevelopment Contractual Services as part of the 1995 -1996 Budget that would pay for the balance of the contract with RRM. Staff will also be requesting that sufficient funds be budgeted to fund staff (Planning, Public Works, City Engineer and City Attorney) costs for contract management and review of the specific plan and related implementation documents. RECOMMENDATION 1. 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, consistent with the RRM Proposal, for a total contract amount not to exceed $75,000, subject to final language approval by the City Attorney. 2. Provide direction to staff regarding the appropriate steering committee to assist with the development of a Downtown Specific Plan. Attachment: Draft Professional Services Agreement (Exhibit A: RRM Design Group's Proposal for a Downtown Specific Plan will be provided under separate cover) 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. 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 $71,661.00, without the prior 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 K 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. Consultant 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. Professional Services Agreement March 1995 City of Moorpark Page 2 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 misconduct, negligent acts, errors or omissions of Consultant or any of its officers, employees or agents in the performance of this Agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. 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 of 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 Manager, Director of..' Community Development, City Engineer, or City Attorney, as additional insured with Consultant. 2. Insure the City and its officers, employees, and agents while acting in the scope of their duties under this Agreement against all claims, demands, damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this Agreement by Consultant or the City. Professional Services Agreement March 1995 City of Moorpark Page 3 3. 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. Consultant shall give City thirty (30) days written notice prior to the expiration of such policy. 4. 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 March 1995 City of Moorpark Page 4 To: Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: LeeAnne E. Hagmaier Vice President RRM Design Group 3026 South Higuera Street San Luis Obispo, CA 93403. 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 it 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 i_n 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 March 1995 City of Moorpark Page 5 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 Articles, 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 March 1995 City of Moorpark Page 6 M E M O R A N D U M TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development Deborah S. Traffenstedt, Senior Planner SST - S, TRA. DATE: March 10, 1995 SUBJECT: RRM DESIGN GROUP PROPOSAL FOR PREPARATION OF A DOWNTOWN SPECIFIC PLAN (REFERENCED AS EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND RRM DESIGN GROUP, ITEM 11E, CITY COUNCIL MEETING OF MARCH 15, 1995) Attached to this memorandum is RRM Design Group's Proposal for a Downtown Specific Plan, which has been referenced in the staff report for Item 11E as being provided under separate cover. The staff report includes a recommendation that the City Manager be authorized to sign a Professional Services Agreement between the City and RRM, subject to final language approval by the City Attorney. Staff may require minor modifications to the draft Professional Services Agreement or Proposal scope of work, that do not increase the total authorized contract amount, prior to final approval. A representative from RRM will be in attendance at the City Council's March 15 meeting, and can respond to any questions regarding their Proposal or suggestions for modifications to the scope of work. Attachment: A Proposal for a Downtown Specific Plan -- RRM Design Group cc: Steven Kueny, City Manager