HomeMy WebLinkAboutAGENDA REPORT 1996 0417 CC REG ITEM 07FA G E N D A R E P O R T
C I T Y O F M O O R P A R R
TO: The Honorable City Council
FROM: Deborah S. Traffenstedt, Senior Planner
DATE: April 10, 1996 (CC Meeting of 4- 17 -96)
ITEM 7% D
MOC'�
C, q
or 1127
ACT10i -
SUBJECT: CONSIDER AMENDMBNT OF HIDDEN CREEK RANCH PARTNERS (HCRP)
AGREEMENT AND PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES (MBA)FOR THE PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT AND PROVISION OF RELATED
SERVICES FOR THE SPECIFIC PLAN NO. 8 PROJECT
Background
Both of the above referenced Agreements were executed in January
1994, and have been amended several times to increase the total
contract amount. A Fourth Addendum to the HCRP Agreement and a
Third Addendum to the MBA Professional Services Agreement are
currently proposed, for the reasons discussed below.
Discussion
Addendums to both the HCRP Agreement and the MBA Professional
Services Agreement are proposed (See Attachments 1 and 2) to revise
the total contract amount and scope of work. Two letters are
attached to the draft Third Addendum to the MBA Professional
Services Agreement, that describe the reasons for the requested
budget augmentation and scope of work amendment. The first letter
dated February 21, 1996 (Attachment 1), describes MBA's reasons for
requesting a budget augmentation for preparation of the EIR.
Please note that Attachment A to MBA's February 21 letter identifies
that the additional augmentation request is for $74,021.40 plus a
contingency amount of $24,059.50. As required by the existing
Agreements, City Manager approval is required for allocation of
contingency funds.
The second letter dated March 11, 1996 (Attachment 2), is a
proposal for completing an analysis of the potential environmental
effects of a roadway across lower Happy Camp Canyon Regional Park,
that would connect to a Spring Road extension. Completing the full
analysis of traffic and circulation, biological resources, cultural
resources, geological resources, aesthetics, and land use impacts
will ensure that the City Council has complete information at the
time that a decision must be made regarding the most appropriate
circulation system for the Specific Plan No. 8 project. The cost
Honorable City Council
April 10, 1996
Page 2
for MBA to complete the studies and prepare the report is $22,400.
The extension of Broadway across the Park has already been analyzed
in the Hidden Creek Ranch Specific Plan Draft EIR. The proposed
environmental analysis for a roadway across the lower portion of
the Park and preparation of a report will take approximately 30
days to complete.
The $74,021.40 EIR preparation augmentation, plus the $24,059.50
contingency amount, plus the $22,400 environmental analysis cost
for the roadway across lower Happy Camp Canyon Regional Park,
collectively require a $120,480.90 increase in the total contract
amount for the EIR.
RECOMMENDATION
Authorize the City Manager to sign the Fourth Addendum for the
Agreement for Preparation of An Environmental Impact Report and
Provision of Related Services for Specific Plan No. 8 Project and
Related Entitlements as Requested by Hidden Creek Ranch Partners
L.P. (HCRP), and the Third Addendum to the Professional Services
Agreement with Michael Brandman Associates (MBA) and Scope of Work
for Preparation of an Environmental Impact Report and Provision of
Related Services for Specific Plan No. 8.
Attachments: Draft Addendum Agreements (including MBA letters
dated 2 -21 -96 and 3- 11 -96)
f1 F Y �I ��
FOURTH ADDENDUM TO AGREEMENT BETWEEN HIDDEN
CREEK RANCH PARTNERS L.P. AND CITY OF MOORPARK
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT AND PROVISION OF RELATED SERVICES FOR
SPECIFIC PLAN NO. 8 PROJECT AND RELATED
ENTITLEMENTS
THIS FOURTH ADDENDUM, made and entered into this day of
1996, by and between Hidden Creek Ranch Partners L.P.
("H CRP "), a California limited partnership, and the City of
Moorpark ( "City "), a Municipal Corporation, located in the County
of Ventura, State of California, which is entered into with
reference to the following recitals.
RECITALS
WHEREAS, on January 12, 1994, HCRP entered into an Agreement
with the City, requiring HCRP to be responsible for payment of all
costs associated with preparation of an environmental impact report
and provision of related services for the Specific Plan No. 8
project; and
WHEREAS, on April 10, 1996, a Third Addendum to the HCRP
Agreement and a Second Addendum to the Professional Services
Agreement with Michael Brandman Associates (MBA) for Preparation of
an Environmental Impact Report and Provision of Related Services
for Specific Plan No. 8 were executed, to amend the total contract
amount from $404,641.05 to $417,322.05 for additional Traffic Study
work, and to include a time period for a certification decision on
the environmental impact report; and
WHEREAS, on April 17, 1996, the City Council authorized the
City Manager to approve a Fourth Addendum to the HCRP Agreement and
a Third Addendum to the Professional Services Agreement with
Michael Brandman Associates (MBA) for Preparation of an
Environmental Impact Report and Provision of Related Services for
Specific Plan No. 8, to reflect an increase in the total contract
amount from $417,322.05 to $537,802.95, to allow payment for actual
costs incurred in preparing the Environmental Impact Report and to
fund an environmental analysis of a potential roadway through Happy
Camp Canyon Regional Park that would connect to a Spring Road
extension;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
Article I, Costs of MBA Agreement, first paragraph, is
modified to read as follows:
HCRP shall pay to City all costs incurred by City in
strict accordance with the MBA Agreement; provided,
however, that such costs shall not exceed $537,802.95
without the prior agreement of HCRP and the City of the
changes in the scope of work for the MBA Agreement which
result in the increase of said cost. Payment by HCRP to
City shall be in accordance with the terms set forth in
Exhibit 11211, which is attached hereto and incorporated
herein.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth
Addendum Agreement to be executed the day and year first above
written.
CITY OF MOORPARK:
BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
HIDDEN CREEK RANCH PARTNERS L.P.
California Limited Partnership
BY
East Ventura Hills Partners L.P.
a California Limited Partnership,
General Partner
BY Messenger Investment Company
a California Corporation
General Partner:
BY
2
William S. Messenger Jr.
President
THIRD ADDENDUM TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN MICHAEL BRANDMAN ASSOCIATES
AND THE CITY OF MOORPARK FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT AND PROVISION OF
RELATED SERVICES FOR SPECIFIC PLAN NO. 8
THIS THIRD ADDENDUM, made and entered into this day of
1996, by and between Michael Brandman Associates ( "MBA "), a
California Corporation, and the City of Moorpark ( "City "), a
Municipal corporation, located in the County of Ventura, State of
California, which is entered into with reference to the following
recitals.
RECITALS
WHEREAS, MBA entered into a Professional Services Agreement
with the City on January 12, 1994, to perform professional
environmental compliance, planning, and resources management
services related to the preparation of an environmental impact
report ("EIR") and provision of related services for the Specific
Plan No. 8 project, as described in Exhibit A, the Scope of Work to
the Agreement; and
WHEREAS, Attachment A, Price Proposal, to Exhibit A, Scope of
Work, was amended by an Addendum Agreement dated July 18, 1994, to
reflect a total price of $404,641.05 for all tasks described in the
Scope of Work; and
WHEREAS, Attachment A, Price Proposal, to Exhibit A, Scope of
Work, was amended by a Second Addendum Agreement dated April 10,
1995, to reflect a total price of $417,322.05 for all tasks
described in the Scope of Work; and
WHEREAS, on April 17, 1996, the City Council authorized the
City Manager to approve an amendment of both the HCRP Agreement and
a Professional Services Agreement with Michael Brandman Associates
(MBA) and Scope of Work for Preparation of an Environmental Impact
Report and Provision of Related Services for Specific Plan No. 8,
to reflect an increase in the total contract amount from
$417,322.05 to $537,802.95, to allow payment for actual costs
incurred in preparing the Environmental Impact Report and to fund
an environmental analysis of a potential roadway through Happy Camp
Canyon Regional Park that would connect to a Spring Road extension;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
Attachment A, the Price Proposal, to Exhibit A, the Scope of
Work, is hereby revised and replaced by the two attachments to this
Third Addendum;
1
IN WITNESS WHEREOF, the parties hereto have caused this Second
Addendum Agreement to be executed the day and year first above
written.
CITY OF MOORPARK:
By:
Steven Kueny, City Manager
ATTEST:
By:
Lillian E. Hare, City Clerk
MICHAEL BRANDMAN ASSOCIATES:
By:
Thomas E. Smith, Jr., President
Attachments: Letters from MBA dated February 21 and March 11,
1996, replacing Attachment A, the Price Proposal,
to Exhibit A, the Scope of Work,
2
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CorrmnilyD,,�
Michael Brandman Associates ENS IRO NMENTAI. C ONIPHAN< E: • PLANNING • RESOVIWES MANAGEMENT
February 21, 1996
Deborah Traffenstedt
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
SUBJECT: Request for Budget Augment for the Hidden Creek Ranch Specific Plan EIR
Project
Dear Ms. Traffenstedt:
This letter serves as a request to the City of Moorpark for an augment to Michael Brandman
Associates' (MBA) budget for the Hidden Creek Ranch Specific Plan EIR project. The augment
includes those costs that MBA has already incurred in preparing the environmental
documentation. Attachment A provides a breakdown of the budget augment fees by project
tasks.
Since the commencement of the project with the City, a number of events have occurred that
necessitate our request for additional funds. These events and work products include, but are
not limited to, delays in the project schedule; additional EIR reviews and revisions; need for
extensive project management and coordination efforts; and additional project meetings and
hearings. These issues are organized below to correlate to MBA's existing scope of services
which identifies work efforts by tasks and differentiates by professional labor and direct costs.
Only those tasks where MBA is requesting compensation are discussed in greater detail as
follows:
MBA Professional Labor
Task E: Responses to Comments
The work effort to .prepare and complete the screencheck EIR was more extensive than
assumed in MBA's scope of services. Many of the comment letters received on the draft EIR
have been lengthy. The primary factors are the complexity of many of the issues raised in the
comments requiring coordination efforts and research, and the suggested mitigation
approaches to the project by the project applicant that have required extensive efforts by MBA
and the project team. The request for additional funds associated with the applicant's
mitigation program are identified in Attachment A under the task heading "New Tasks."
It should be noted that in addition to the work effort associated with the preparation of the
responses to comments, the request for additional funds is associated with the transfer of
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Deborah Traffenstedt
February 21, 1996
funds from Task E to Task D: Draft EIR. These funds were transferred with the approval of
the City of Moorpark to cover costs associated with additional work conducted by MBA at the
direction of the City and the project applicant. The additional work efforts on the draft EIR
were not associated with inaccuracies in the document, but were primarily associated with
revisions based on ongoing discussions between the City and the project applicant, as well
as additional parties reviewing the draft EIR document.
Task G: Public Meetings and Hearings
MBA is requesting reimbursement for public hearings which have been attended, but not billed,
as well as attendance at future public hearings. The requested funds assume the attendance
of Ms. Dana Privitt -Arita at five public hearings and Ms. Joan Kelly at two public hearings
($5,800) plus reimbursement for attendance at public meetings and hearings which MBA has
not invoiced to the City.
Task K: Project Management and Meetings
MBA is requesting reimbursement for project management efforts and attendance at meetings
that have not-been invoiced to the City. In addition, MBA is requesting funds for ongoing
management efforts and project meetings. Factors which necessitate the need for additional
funds include the following:
• Project Schedule. The project schedule was delayed several times. However,
MBA was an active team member throughout the EIR process since its initiation.
MBA incurred additional labor hours associated with the ongoing project. To
meet the City of Moorpark's and the project applicant's schedule objectives
required tremendous coordination and hard work on the behalf of the MBA
project team.
• Project Coordination. Extensive time has been spent by MBA coordinating the
preparation of the EIR beyond what was assumed in our scope of work. These
additional work efforts are associated with, but not limited to, coordination
between the City and the project applicant, and the project applicant's
consultants.
• Project Meetings. At the request of the City of and /or project applicant, MBA
attended additional project meetings.
Task K assumes the attendance of Ms. Dana Privitt -Arita or Ms. Joan Kelly at five additional
project team meetings.
Task L: Staff Reoorts
The level of work effort associated with the preparation of staff reports for the City has been
more extensive that anticipated. It should also be noted that at the request of the City, funds
Deborah Traffenstedt
February 21, 1996
from the Task L budget were used to prepare a circulation presentation board to assist the City
with circulation presentations.
Report Preparation and Support
To complete existing tasks, funds were transferred between tasks in order that progress on
completion of the environmental and planning documents for the Hidden Creek Ranch Specific
Plan project could continue. The Report Preparation and Support task was one of the task
from where funds were reallocated. MBA is, therefore, requesting that funds transferred out
of this tasks be reimbursed in order that there be adequate remaining funds to complete
ongoing work efforts.
Technical Studies: Traffic
MBA is requesting an augment for Associated Traffic Engineers (ATE) to compensate ATE for
completed work efforts as well as preparation of responses to comments and attendance at
public hearings. Funds for the preparation of responses to comments by ATE have been
reallocated, with the consent of the City, to accomplish other traffic - related work efforts by
ATE. In addition, traffic comments received on the draft EIR are extensive and require a higher
level of effort than assumed in the original scope of services. The requested augment includes
the attendance of Mr. Richard Pool of ATE at four public hearings.
Direct Costs
Although there are funds remaining in the direct costs fund, based on MBA's scope of
services, the remaining funds will be insufficient to complete the reproduction and distribution
of the responses to comments /final EIR. The need for additional funds is associated with the
expenditure of a larger percentage of this task to date due to printing of additional copies of
the documents (administrative drafts and draft EIR), as well as the length of the responses to
comments.
Gnatcatcher Surveys
At the request of the City and the project applicant, and with the recommendation of MBA,
MBA i�t would conduct a California gnatcatcher survey of the project impact area. - This -is - - --
a new task not assumed in MBA's original scope of services. Please note that the protocol
guidelines established by the U.S. Fish and Wildlife Service and the Southern California Coastal
Sage Scrub Scientific Review Panel require that gnatcatcher surveys be conducted between
January 1 and May 1. Therefore, MBA will need to be authorized to conduct the survey in
the near future.
Contingency
MBA is recommending that the contingency fund established for the proposed project be
replenished. Additional funds placed in a contingency fund for the project would allow for
expeditious decisions by the City to be made should additional work efforts be necessary. As
Deborah Traffenstedt
February 21, 1996
has been the practice throughout the project, MBA would not use these funds without prior
authorization by the City of Moorpark.
MBA feels that this request for a budget augment is justified and that the MBA project team
has and will continue to provide the City of Moorpark with quality products and service
throughout this project and other projects. MBA is requesting a budget augment of
$74,021.40. As noted above, MBA is suggesting that a contingency fund be reestablished
for the project. Thank you for your consideration of this matter. Please feel free to contact
me to discuss this matter in greater detail.
Sinc ely,
r
Dana C. Privitt- Arita, AICP
Manager of Environmental Services
attachment
cc: Gary Austin, Messenger Investment Company
MBA PROFESSIONAL LABOR
Task A: Review of Specific Plan
Task B: Scoping Process
Transfer from contingency
Task C: Screencheck EIR
Previous augment
Task D: Draft EIR
Reallocations:
$6978.50 from Task E
$13186.40 from Report Preparation
Task E: Responses to Comments
Reallocation to Task D
Task F: Final EIR
Task G: Public Meetings and Hearings
ATTACHMENT A
Hidden Creek Ranch Specific Plan EIR
Budget Augment Request
TRANSFER/
ORIGINAL REALLOCATION/ AUGMENT REMAINING
CONTRACT AUGMENT REQUEST BUDGET
$4,800.00
$0.00
$0.00
$0.00
$14,400.00
$1,412.00
$0.00
$0.00
$69,400.00
$3,021.90
$0.00
$0.00
$12,200.00
$20,164.90
$0.00
$0.00
$18,800.00
($6,978.50)
$8,500.00
$0.00
$4,500.00
$0.00
$0.00
$4,500.00
$6,100.00
$0.00
$7,675.00
$0.00
KI
MBA PROFESSIONAL LABOR (continued)
Task H: Mitigation Monitoring Program
Task I: Findings
Task J: Notice of Determination
Task K: Project Management and Meetings
Task L: Staff Reports
Report Preparation and Support
TOTAL MBA PROFESSIONAL LABOR
TECHNICAL STUDIES
Tree Survey
Transfer from contingency
Wildlife Movement Survey
Archaeology
Augment
Paleontology
Ae•
TRANSFER/
ORIGINAL REALLOCATION/ AUGMENT REMAINING
CONTRACT AUGMENT REQUEST BUDGET
$3,600.00
$0.00
$0.00
$3,600.00
$5,300.00
$0.00
$0.00
$5,300.00
$200.00
$0.00
$0.00
$200.00
$16,800.00
$0.00
$9,350.00
$0.00
$4,200.00
$0.00
$2,150.00
$569.90
$34,700.00
($13,186.40)
$13,186.40
$0.00
$195,000.00
$4,433.90
$40,861.40
$14,169.90
$10,650.00
$18,225.00
$0.00
$0.00
$12,800.00
$0.00
$0.00
$0.00
$10,985.63
$51,355.50
$0.00
$0.00
$4,464.00
$0.00
$0.00
$0.00
TECHNICAL STUDIES (continued)
Traffic
Subtotal
10% Subconsultant Fee
TOTAL TECHNICAL STUDIES
DIRECT COSTS
TOTAL DIRECT COSTS
NEW TASKS
Gnatcatcher Surveys
Roadway Alternatives
Project applicant's mitigation proposal
TOTAL NEW TASKS
* To be provided under separate cover.
TRANSFER/
ORIGINAL REALLOCATION/ AUGMENT REMAINING
CONTRACT AUGMENT REQUEST BUDGET
$48,550.00 $8,781.00 $13,000.00
$0.00
$87,449.63 - $78,361.50 $13,000.00
$0.00
$1,300.00
$0.00
$87,449.63 $78,361.50 $14,300.00
$0.00
$22,150.00
$0.00
$3,500.00
$9,420.00
$22,150.00
$0.00
$3,500.00
$9,420.00
$8,560.00
$6,800.00
$15,360.00
i
ORIGINAL
CONTRACT
CONTINGENCY FUND
$25,000.00
TOTAL CONTINGENCY
TOTAL BUDGET AUGMENT REQUEST
TOTAL BUDGET AUGMENT REQUEST PLUS CONTINGENCY
dana
TRANSFER/
REALLOCATION/ AUGMENT REMAINING
AUGMENT REQUEST BUDGET
($24,059.50) $24,059.50 $940.50
$24,059.50
$74,021.40 $23,589.90
$98,080.90 $24,530.40
NEON
NONE
Michael Brandman Associatcs
March 11, 1996
Deborah Traffenstedt
Senior Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
ECFIWE 0
N"I A 1A 4 19 12 3
W �
` ' Oi ;
Deborah Traffenstedt
March 11, 1996
Page Two
development issues related to implementation of a roadway through the County
facility. Any potential aesthetic impacts will be noted.
• Noise. A qualitative assessment of noise will be conducted by MBA.
MBA will prepare a draft and final report to the City. The cost for the analysis is $22,400.
If you have any questions or need additional information, please contact me or Joan Kelly at
714/250 -5555.
Sincerely,
MICHAEL BRANDMAN ASSOCIATES
�&( 6Z4 -& &- 1
Dana C. Privitt- Arita, AICP
Associate /Manager of Environmental Services
P:02280008.311