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HomeMy WebLinkAboutAGENDA REPORT 1996 0417 CC REG ITEM 07G eon.. <. ., - cxayc- - of .7/7/7 /7/7 AGENDA REPORT A ON: oajcgZi CITY OF MOORPARK ,. �r y� &) 4v TO: Honorable City Council - , FROM: Deborah S. Traffenstedt, Senior Planner . �- f� ai . ' / DATE: April 10, 1996 (CC Meeting of 4-17-96) SUBJECT: CONSIDER AUTHORIZING PREPARATION OF A TRAFFIC STUDY TO DETERMINE THE NEED FOR UNIDOS AVENUE, ALLOCATION OF $12,000 FROM FUND 21 (CITYWIDE TRAFFIC MITIGATION) TO PAY FOR THE STUDY, AND CITY MANAGER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN-FOUST ASSOCIATES Background Unidos Avenue was originally envisioned as an east-west roadway to be located south of Los Angeles Avenue in the central area of the City. At the time of the City's Circulation Element update in 1992, the need for the extension of Unidos Avenue, between a southerly extension of Goldman Avenue at the west end to Millard Street or Fremont Street to the east, was discussed by the City Council during the public hearing process. However, because the budgeted work for the Circulation Element update had not included an analysis of the need for Unidos Avenue, the City Council removed any reference to Unidos Avenue from the Circulation Element and determined that further study of the need for Unidos Avenue to function as an east-west collector roadway was required prior to inclusion in the Circulation Element. There is an existing segment of Unidos Avenue, extending from approximately Juarez Avenue to Liberty Bell Road that was partially constructed and/or right of way was granted, in conjunction with both the Villa Campesina residential project (Tract No. 4146) and Colin Velasquez commercial project (Planned Development No. 1065) . Discussion Staff has received several inquiries over the last several months regarding potential projects that will require a determination regarding the need for Unidos Avenue. Potential projects include a batting cage facility west of Park Lane, a Burger King restaurant proposed just east of Liberty Bell Road, a commercial development just west of Liberty Bell Road, and a modification of the prior approved Westland Residential Project, which was conditioned to construct Unidos Avenue from Goldman Avenue east to Liberty Bell Road. Staff had originally prepared a Request for Proposals in 1994 for an Unidos Avenue Traffic Needs Study, and received a proposal from Austin-Foust Associates (the City's Traffic Model Consultant) in April 1994 (Attachment 1) . The study was not pursued in 1994, due to the lack of development proposals for that area of the City. Austin-Foust Associates have confirmed that their proposal amount ($12,000) is still valid, and staff is recommending that the Unidos Avenue Traffic Needs Study now be completed by Austin-Foust, with a fair share assignment for the study to be paid by applicants for development projects that require a determination regarding the need for Unidos Avenue. A draft Professional Services Agreement is attached. As stated in the draft Professional Services Agreement, Task 6 of the Austin-Foust proposal is amended by the Agreement to address the four potential segments of Unidos Avenue to be analyzed as follows: Fremont Street or 00E1 Honorable City Council April 10, 1996 Page 2 potential segments of Unidos Avenue to be analyzed as follows: Fremont Street or Millard Street to Moorpark Avenue, Moorpark Avenue to Park Lane, Park Lane to Liberty Bell Road, and Liberty Bell Road to a Goldman Avenue southerly extension. The questions to be answered for the four potential roadway segments include: A. Must the intersection at Park Lane be directly $500 aligned or offset? B. Is an extension west of Liberty Bell Road required? $500 C. If an extension west of Liberty Bell Road west is $500 required, does the intersection at Liberty Bell Road need to be directly aligned with existing Unidos Avenue, or could Unidos Avenue be offset to the south, closer to the Arroyo Simi, to minimize impacts to the commercial zoned property west of Liberty Bell Road? D. Does Majestic Court need to be extended east - and to $500 where? Prior Task 6D in the Austin-Foust proposal (analysis of the impact of the alignment on a pedestrian over-crossing planned at Liberty Bell Road) has been deleted, because the analysis is no longer required. In addition, to the modification of Task 6, staff is proposing a 10 percent contingency be allocated ($1,200), which would allow staff the flexibility to require additional work tasks, if determined to be necessary to fully analyze the need for Unidos Avenue. Austin-Foust's $12,000 cost for the study, plus the $1,200 contingency, are proposed to be initially funded by the Citywide Traffic Mitigation Fund (21) , with fair share reimbursement to that Fund from applicants for future development projects along Unidos Avenue. As stated in Austin-Foust's proposal letter, the draft traffic study will be completed within four to six weeks. Recommendation (Roll Call Vote) 1. Authorize Preparation of a Traffic Study to Determine the Need for Unidos Avenue; 2. Appropriate $13,200 from Fund 21 ($12,000 plus 10 percent contingency); and 3. Authorize the City Manager to Approve a Professional Services Agreement with Austin-Foust Associates. Attachment: Draft Professional Services Agreement Between the City and Austin- Foust Associates (includes proposal letter dated 4-28-94) 0062 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996, 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." WITNESSETH Whereas, City has the need for professional traffic engineering and transportation planning services related to the preparation of a Traffic Study to investigate the need for extending Unidos Avenue and amending the City's General Plan Circulation Element to include Unidos Avenue as an east-west local collector roadway; 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 proposal, for an Unidos Avenue Traffic Needs Study, 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; 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 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 Agreement, the language contained in this Agreement shall take precedence. Task 6, as identified in the Proposal, is hereby amended in its entirety as follows: The four potential segments of Unidos Avenue that will be analyzed are: Fremont Street or a southerly extension of Millard Street to Moorpark Avenue, Moorpark Avenue to Park Lane, Park Lane to Liberty Bell Road, and Liberty Bell Road to a Goldman Avenue southerly extension. The questions to be answered for each of the four potential roadway segments include: A. Must the intersection at Park Lane be directly $500 aligned or offset? B. Is an extension west of Liberty Bell Road required? $500 C. If an extension west of Liberty Bell Road west is $500 required, does the intersection at Liberty Bell Road need to be directly aligned with existing Unidos Avenue, or could Unidos Avenue be offset to the south, closer to the Arroyo Simi, to minimize impacts to the commercial zoned property west of Liberty Bell Road? D. Does Majestic Court need to be extended east - and to $500 where? dst-4-8-96 C:\WP51\Contract\Unidos.AFA 1 II. COMPENSATION The fees in full compensation to AFA for the services rendered shall be as set forth in the Proposal, for an amount not to exceed $12,000.00, without the prior written agreement of the City Manager and AFA of the changes in the scope of work, which result in the increase of said cost. Payment by the City to AFA 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 AFA 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, 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 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. AFA 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 AFA performing services hereunder for City. C. 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 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. 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 AFA 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 word processing computer files provided to the City shall use IBM compatible, Word Perfect for Windows version 6.1 word processing software, on a 3.5-inch diskette. E. 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 E hereof, because of the acceptance by the dst-4-8-96 C:\WP51\Contract\Unidos.AFA 2 000064 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. 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 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. G. Consistent with the provisions of Paragraph F, 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. H. Consistent with the provisions of Paragraph F, 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 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. I. AFA shall not assign this 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 Agreement. J. The language contained in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. K. Payment to AFA 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. AFA 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: dst-4-8-96 C:\WP51\Contract\Unidos.AFA 3 000065. To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Joe Foust 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. M. Nothing contained in this 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 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 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. 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 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 AFA's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and AFA shall be Joe Foust. Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. 000066 dst-4-8-96 C:\WP51\Contract\Unidos.AFA 4 The City's contact persons in charge of administration of this Agreement, and to serve as principal liaison between AFA and City, shall be the City Manager and Senior Planner. 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 Agreement. CITY OF MOORPARK: AUSTIN-FOUST ASSOCIATES, INC. : By: By: Steven Kueny Joe E. Foust, Principal City Manager ATTEST: By: Lillian E. Hare, City Clerk 000061 dst-4-8-96 C:\WP51\Contract\Unidos.AFA 5 iligairrAUSTIN-FOIIST ASSOCIATES, INC. TRAFFIC ENG/NEER/NG AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92701 • TELEPHONE (714) 667-0496 FAX (714) 667-7952 April 28, 1994 City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 A1"1'ENTION: Ms. Debbie Traffenstedt SUBJECT: PROPOSAL - UNIDOS AVENUE TRAFFIC NEEDS STUDY Dear Debbie: Austin-Foust Associates, Inc. (AFA) is pleased to respond to your RFP to investigate the need for extending existing Unidos Avenue and including it in the Circulation Element. As you know, AFA is quite familiar with the City's Circulation Element and the issues surrounding Unidos Avenue, having been involved in preparation of that element which included a citywide traffic model. Since you are acquainted with our work and credentials we will limit our promotion remarks to this brief introduction and proceed directly to the scope of services. SCOPE OF SERVICES AFA feels the following tasks are needed to complete the scope of work: TASK 1. Conduct an initial orientation meeting with City Staff to assimilate existing information, review and • iscuss issue.: and coni:pct an on-site inspection. $750 TASK 2. Collect additional traffic data as deemed appropriate. AFA will review the available data from our existing files (and the traffic model), along with site specific data obtained in Task 1, and determine supplemental data needs. A tentative data collection program will be formulated and submitted to City Staff for their review prior to commencement of actual field counts. A study budget of $2,000 has been anticipated. This cost could be adjusted, depending upon assistance in data collection by City Staff. - - $2,000 (Est) ,00066 Tjp-VED 1994 Lily of Moorpark • City of Moorpark April 28, 1994 Page 2 TASK 3. A trip generation distribution and assignment for the area to be served by Unidos Avenue will be prepared. Information on the potential development type and density for the area on a block- by-block basis will be discussed with City Staff in Task 1. $2,250 TASK 4. A highway capacity analysis of Unidos Avenue and intersecting streets within the project limits will be conducted to determine the need for this roadway to serve local development. $ 500 TASK 5. A supplemental capacity analysis utilizing the City's traffic model will be conducted to determine any capacity deficiencies along Los Angeles Avenue and the role of Unidos Avenue/Majestic Court in relieving any such deficiencies. These analyses will be conducted for both year 2000 and 2010. This task will also address Item 6 (discussion of the relationship between Los Angeles Avenue and Unidos Avenue) in the RFP. $2,000 TASK 6. If it is determined that any extension of either or both roadways is required, additional analyses will be performed to address several issues. These questions are: A. Must the intersection at Park Lane be directly aligned or offset? $500 B. Is an extension west of Liberty Bell Road required? $500 C. Does Majestic Court need to be extended east - and to where? $500 D. What is the the impact of the alignment on a pedestrian overcrossing planned at Liberty Bell Road? $500 TASK 7. In the event Unidos Avenue needs not be extended, recommendations for the appropriate street design characteristics, typical section, etc. will be provided which will enable Unidos Avenue to adequately function as a local service road. $500 TASK 8. The traffic study costs will be kept separately to allow a "fair share" assignment of those costs to the future development projects along Unidos Avenue. A "fair share" assignment of those costs will be provided as a final product of the study. $500 TASK 9. Preparation of draft and final study reports documenting the methodology, along with findings and recommendations. $1,500 TOTAL FEE $12,000 0,000 A • City of Moorpark April 28, 1994 Page 3 Since the study involves a level of effort which can only be determined once the study is under way (i.e., certain tasks may not be necessary), AFA proposes to complete the study on a time and materials basis, with maximum amounts not to exceed each task as noted. AFA will assign myself as Project Manager,with assistance from Mr.Kendall Elmer for modeling and Catherine Lawrence, P.E. for capacity analysis. The initial draft study will require four to six weeks to complete. If you have any questions, please call. We look forward to working with you on this very interesting study which combines the traffic model's capability with conventional engineering experience. Sincerely, oe E.' o t, P.E s