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Home My WebLink AboutAGENDA REPORT 1996 1016 CC REG ITEM 07EA G E N D A R E P O R T C I T Y O F M O O R P A R K TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developmer, Deborah S. Traffenstedt, Senior Planner 'D!5 -r DATE: October 3, 1996 (CC Meeting of 10- 16 -96) i r< SUBJECT: CONSIDER APPROVAL OF A SECOND ADDENDUM TO THE AGREEMENT BETWEEN THE CITY AND MORRISON- FOUNTAINWOOD- AGOURA (MFA) AND APPROVAL OF AN ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND EDAW, INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES, FOR THE SPECIFIC PLAN NO. 2 PROJECT BACKGROUND The applicant for the Specific Plan No. 2 Project, Morrison - Fountainwood- Agoura (MFA), and staff are in concurrence that the Agreement between the City and MFA and the Professional Services Agreement between the City and EDAW should be amended to allow the following additional work effort by EDAW: 1) revisions to the draft specific plan to address geotechnical and biological issues; 2) preparation of a Habitat Conservation Plan and an Environmental Assessment pertaining to the California gnatcatcher; and 3) provision of additional coordination services. DISCUSSION Development of the Specific Plan No. 2 area will require the approval of a Section 10(a)(1)(9) Permit by the U.S. Fish and Wildlife Service, related to the California gnatcatcher (a threatened species). A Section 10(a)(1)(13) Permit requires the preparation of a Habitat Conservation Plan /Implementation Plan and c: \1- m \sp- 2 \cc101696.agr 0U0o7C 1TEM�.__� A G E N D A R E P O R T C I T Y O F M O O R P A R K TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developmer, Deborah S. Traffenstedt, Senior Planner 'D!5 -r DATE: October 3, 1996 (CC Meeting of 10- 16 -96) i r< SUBJECT: CONSIDER APPROVAL OF A SECOND ADDENDUM TO THE AGREEMENT BETWEEN THE CITY AND MORRISON- FOUNTAINWOOD- AGOURA (MFA) AND APPROVAL OF AN ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND EDAW, INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES, FOR THE SPECIFIC PLAN NO. 2 PROJECT BACKGROUND The applicant for the Specific Plan No. 2 Project, Morrison - Fountainwood- Agoura (MFA), and staff are in concurrence that the Agreement between the City and MFA and the Professional Services Agreement between the City and EDAW should be amended to allow the following additional work effort by EDAW: 1) revisions to the draft specific plan to address geotechnical and biological issues; 2) preparation of a Habitat Conservation Plan and an Environmental Assessment pertaining to the California gnatcatcher; and 3) provision of additional coordination services. DISCUSSION Development of the Specific Plan No. 2 area will require the approval of a Section 10(a)(1)(9) Permit by the U.S. Fish and Wildlife Service, related to the California gnatcatcher (a threatened species). A Section 10(a)(1)(13) Permit requires the preparation of a Habitat Conservation Plan /Implementation Plan and c: \1- m \sp- 2 \cc101696.agr 0U0o7C Honorable City Council Specific Plan No. 2 October 3, 1996 Page 2 associated Environmental Assessment for the potential impacts to the California gnatcatcher and associated habitat. Mitigation of potential California gnatcatcher impacts may require revisions to the preliminary draft land use plan. Geotechnical constraints, such as setbacks from earthquake faults, will also require revisions to the preliminary draft land use plan. A revision to the EDAW scope of work is proposed to allow the additional work effort required to address potentially significant biological and geotechnical impacts. Attached to this staff report is a draft Second Addendum to the existing Agreement between the City and MFA for the Preparation of the Environmental Impact Report and Specific Plan, and an Addendum to the Professional Services Agreement between the City and EDAW. The total cost for the additional services to be provided by EDAW is $95,314 (includes a $13,000 labor contingency to allow minor amendments to be approved by staff without additional Council authorization). The proposed Addendum to the EDAW Professional Services Agreement would increase the total compensation to be paid to EDAW from $228,856 to $324,170. RECOMMENDATION 1. Authorize the City Manager to sign a Second Addendum to the Agreement between the City of Moorpark and MFA for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project, subject to final language approval by the City Manager and City Attorney. 2. Authorize the City Manager to sign an Addendum to the Professional Services Agreement between the City of Moorpark and EDAW, Inc., for Preparation of an Environmental Impact Report and Specific Plan, and Provision of Related Services for the Specific Plan No. 2 Project, subject to final language approval by the City Manager and City Attorney. c: \1- m \sp- 2 \cc101696.agr 000071- 71- Honorable City Council Specific Plan No. 2 October 3, 1996 Page 3 Attachments: 1. Draft Second Addendum Agreement between City and MFA 2. Draft Addendum to Professional Services Agreement between City and EDAW c: \1- m \sp- 2 \cc101696.a9r O(JW *% SECOND ADDENDUM TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND MORRISON- FOUNTAINWOOD -AGOURA FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES FOR THE SPECIFIC PLAN NO. 2 (SP -95 -2) PROJECT THIS SECOND ADDENDUM, made and entered into this day of , 1996, by and between the City of Moorpark ( "City "), a Municipal Corporation, located in the County of Ventura, State of California, and Morrison - Fountainwood- Agoura ( "MFA"), a California limited partnership, which Addendum is entered into with reference to the following recitals. RECITALS WHEREAS, on August 23, 1995, MFA entered into an Agreement with the City, requiring MFA to be responsible for payment of all costs associated with having the City hire a qualified consultant to prepare an Environmental Impact Report and Specific Plan and to provide related services for the Specific Plan No. 2 project; and WHEREAS, on November 6, 1995, MFA and the City approved an Addendum revising Article II, Payment Terms for City Costs, to reflect the intent of both MFA and the City to have the City hire Austin -Foust Associates, Inc., to prepare the traffic study; and WHEREAS, a revision to Article I, Payment Terms for EDAW Professional Services Agreement, is now required to reflect the intent of both MFA and the City to revise EDAW's Scope of Work and budget amount consistent with the Addendum to the Professional Services Agreement between the City and EDAW, Inc., which Addendum is attached hereto and incorporated herein by reference as Exhibit 113" to the Agreement between the City and MFA; NOW, THEREFORE, in consideration of the above recitals, the parties agree as follows: Article I, PAYMENT TERMS FOR EDAW PROFESSIONAL SERVICES AGREEMENT, is hereby modified to revise the first paragraph to reflect an increase in the total contract amount from $228,856 to $324,170 and to add a new Paragraph G to read as follows: DST c:\1- m \sp- 2\agr- ad2.mfa 000073 Second Addendum Agreement Between City and MFA Page 2 E. Deposit for Addendum to EDAW Professional Services Agreement - Prior to City execution of the Addendum to the EDAW Professional Services Agreement, MFA shall make an initial deposit of $54,805.55 into the Specific Plan No. 2 Project trust fund account, to be used by City for payment of EDAW's costs in accordance with attached Exhibit 3. The $54,805.55 required deposit amount is based on a deposit of $47,657 (one - half of EDAW's proposal amount of $95,314) for payment of EDAW invoices, and the City's 15 percent administrative fee amount of $7,148.55. When 80 percent of the initial deposit amount of $47,657 for payment of EDAW invoices is expended, the City shall request that MFA submit a subsequent deposit, as required to pay EDAW costs, pursuant to attached Exhibit 3, and the City's administrative fee. IN WITNESS WHEREOF, the parties have caused this Second Addendum to Agreement to be executed the day and year first above written. CITY OF MOORPARK: Morrison - Fountainwood- Agoura California General Partnership BY BY Morrison - Moorpark Steven Kueny California General Partnership City Manager Michael Greynald General Partner BY Fountainwood- Agoura California General Partnership Mark Rosenberg General Partner DST c: \1- m \sp- 2 \agr- ad2.mfa 2 00007e Second Addendum Agreement Between City and MFA Page 3 ATTEST: BY Lillian E. Hare City Clerk Attachment: Exhibit "3" - Addendum to Professional Services Agreement Between the City and EDAW, Inc., for Preparation of Environmental Impact Report and Specific Plan, and Provision of Related Services, for the Specific Plan No. 2 Project DST c:\1- m \sp- 2\agr- ad2.mfa 3 too '` 5 EXHIBIT 3 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND EDAW, INC., FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT AND SPECIFIC PLAN, AND PROVISION OF RELATED SERVICES, FOR THE SPECIFIC PLAN NO. 2 PROJECT THIS ADDENDUM, made and entered into this day of , 1996, by and between the City of Moorpark ( "City "), a Municipal Corporation, located in the County of Ventura, State of California, and EDAW, Inc., ( "EDAW") a California Corporation, which Addendum is entered into with reference to the following recitals. RECITALS WHEREAS, EDAW entered into a Professional Services Agreement with the City on August 23, 1995, to perform professional environmental impact analysis, land planning, landscape architecture, and urban design services related to the preparation of an environmental impact report and specific plan, and provision of related services, for the Specific Plan No. 2 Project, as described in Exhibit "A," the Scope of Work to that Professional Services Agreement; and WHEREAS, a revision to Article I, Scope of Work, and Article II, Compensation, is now required to reflect the intent of both EDAW and the City to revise EDAW's Scope of Work and compensation amount consistent with Exhibit "B," "Requested Addendum to Original Contract Budget," which is attached hereto and incorporated by reference; NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises contained herein, the parties agree as follows: Article I, SCOPE OF WORK, is hereby amended to add a second paragraph as follows: DST c: \1- m \3p- 2 \agr- edaw.ad oo0o, 6 Addendum to Professional Services Agreement Between City and EDAW Page 2 Exhibit "A," Scope of Work, is hereby amended to revise Tasks 4, 5, and 7, add Task 8, and provide additional funding for expenses, consistent with Exhibit "B," "Requested Addendum to Original Contract Budget" for a total cost for additional services not to exceed $95,314.00. Article II, COMPENSATION, is hereby amended to read as follows: The fees in full compensation to EDAW for the services rendered shall not exceed $324,170, without the prior agreement of the City of Moorpark and EDAW of the changes in the Scope of Work, which result in the increase of said cost. Payment by the City to EDAW shall be in accordance with the provisions of Article IV, Paragraph K, of this Agreement. IN WITNESS WHEREOF, the parties have caused this Second Addendum to Agreement to be executed the day and year first above written. CITY OF MOORPARK: zz Steven Kueny City Manager ATTEST: By: Lillian E. Hare, City Clerk EDAW, Inc.: Dan Herman, Principal Attachment: Exhibit "B" - Requested Addendum to Original Contract Budget dated 10 -1 -96 DST c: \1- m \sp- 2 \agr- edaw.ad UW77 1002/96 15:24 FAX 714 660 1046 EDAW INC.. Exhibit B TASKS REQUESTED ADDENDUM TO ORIGINAL CONTRACT BUDGET Moorpark Specific Plan No. 2 Project 10/1/96 BUDGET TASK 4.0 Development of Specific Plan Document (revisions to Administrative Draft Specific Plan submitted to City) EDAW $19,500.00 2003/004 TASK 5.0 Preparation of Environmental Documents (preparation of Environmental Assessment) EDAW $8,500.00 FHA $2,520.00 TASK 7.0 Project Meetings /Hearings EDAW $5,000.00 FHA $3,240.00 TASK 8.0 Preparation of Habitat Conservation Plan/Preparation and Coordination of Section 10(a)(l)(B) Application EDAW $10,300.002 FHA $19,980.003 Subtotal all Tasks $69,040.00 EXPENSES Wordprocessing $2,500.00 Mileage and travel, delivery, postage for distributors, miscellaneous $6,000.00 supplies, in -house xerox, fax, blueprinting and photo reproduction services Printing` $2,200.00 Administrative Fee of 10 °/u $2,574.00 Labor Contingency - optional $13,000.00 TOTAL (without optional) $82,314.00 TOTAL (with optional) $95,314.00 7 Please refer to attached I-ICP outline indicating each firm's responsibilities. if requested by the USFWS, this includes up to 60 hours of field surveys conducted by FI4A at $90 /hour. These additional field surveys (which includes the site and the Waterworks District ii I site) may be necessary to provide further quantification of impacted resources and/or preparation of a Habitat Enhancement Program for Coastal Sage Scrub. ' Assumes HCP and EA will serve as appendices to the Draft EIR. As indicated in original contract, technical appendices is not reprinted with Final EIR. 0OU -07S 10/02/96 15:24 FAX 714 660 1046 EDAW INC. HOURLY BREAKDOWN FOR PREPARATION OF ENVIRONMENTAL ASSESSMENT Moorpark Specific Plan No. 2 Project 10/1/96 Z002/004 PREPARATION OF HOURS BUDGET ENVIRONMENTAL ASSESSMENT (EA) Support Staff Associate Sr. Assoc. ($45/hr.) ($75/hr.) ($100/hr.) Preparation of Administrative Draft EA - EDAW will prepare an Administrative Draft EA for US Fish and Wildlife Service (USFWS) staff and Community 20 54 35.5 $8,500.00' Development Department (CDD) staff review. Upon USFWS and CDD staff review, EDAW will incorporate comments into the document, for review by the other City departments, prior to printing. ' Cost includes preparation of at !cast six (6) exhibits to be included in the Environmental Assessment, not already included in the EiR. 00(;0'4'S n T G�D + qr- i S: 7o '71 n ccra 1 MA r- oor_c M113