HomeMy WebLinkAboutAGENDA REPORT 1996 1016 CC REG ITEM 07FA 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
TO: Honorable City Council
PINK,
FROM: Ken Gilbert, Director of Public Works
Nelson Miller, Director of Community Developme��r�
Deborah S. Traffenstedt, Senior Planner
DATE: October October 9, 1996 (CC Meeting of 10- 16 -96)
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH EDAW, INC., FOR PREPARATION OF A MITIGATED NEGATIVE
DECLARATION AND PROVISION OF RELATED SERVICES FOR THE
SPRING ROAD BRIDGE PROJECT
Background
At the City Council meeting on July 19, 1995, the Council approved
the alignment for the new Spring Road bridge (to be located at the
center line of the street) ; approved a bridge length which will
accommodate the future construction of a trail under the bridge;
and approved the conceptual design for the subject project. The
Council also provided further direction that staff should try to
coordinate the closure of Spring Road with the completion of the
extension of Science Drive, so as to minimize detour impacts on
residents and businesses.
Although the completion of Science Drive between New Los Angeles
Avenue and Peach Hill Road may not occur for at least two more
years, it is staff's opinion that work on a Mitigated Negative
Declaration for the Spring Road Bridge Project should proceed,
since other agency permits (such as from the California Department
of Fish and Game, Regional Water Quality Control Board, and U.S.
Army Corps) must be obtained following approval of the Mitigated
Negative Declaration and prior to initiation of any construction
activity.
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Honorable City Council
Spring Road Bridge Project
October 9, 1996
Page 2
Discussion
Staff has received a proposal from EDAW, Inc., to prepare a
Mitigated Negative Declaration and provide related services for the
Spring Road Bridge Project. A draft Professional Services
Agreement and EDAW's proposal letter are attached. Although EDAW's
proposal includes a cost estimate for application and coordination
for other agency permit processing, staff is not recommending
approval for EDAW to provide those services at this time. The
$7,000 recommended contract amount is for the preparation and
distribution of the Mitigated Negative Declaration, preparation of
the Notice of Determination, and for an on -site biological survey
of the project area. These services will be funded from design
monies already budgeted (400.801.8017.802.9102 - Spring Road /Tierra
Rejada Road Area of Contribution Fund).
Staff Recommendation
Authorize the City Manager to approve a Professional Services
Agreement between the City and EDAW, Inc.
Attachments: Draft Professional Services Agreement and EDAW
Proposal Letter dated May 6, 1996
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF MOORPARK AND EDAW, INC.,
FOR PREPARATION OF A MITIGATED NEGATIVE DECLARATION AND
RELATED SERVICES FOR THE SPRING ROAD BRIDGE PROJECT
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 EDAW, Inc., a California corporation,
hereinafter referred to as "EDAW."
W I T N E S S E T H
Whereas, the City has the need for professional environmental impact
analysis services related to the preparation of a Mitigated Negative
Declaration and provision of related environmental clearance services for
the Spring Road Bridge Project; and
Whereas, the 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, EDAW 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, EDAW has submitted to City a proposal for the preparation
of a Mitigated Negative Declaration /Initial Study, and completion of an
onsite biological survey for the Spring Road Bridge Project; and
WHEREAS, City wishes to retain EDAW for the performance of the
services identified in Exhibit A, Spring Road Bridge Proposal, which
exhibit is attached hereto and hereinafter referred to as 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 EDAW in a contractual capacity to prepare
a Mitigated Negative Declaration /Initial Study and Notice of
Determination, to distribute the Mitigated Negative Declaration /Initial
Study for public review and provide written responses to comments
received, and to complete an onsite biological survey of the Spring Road
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Bridge Project area, as set forth in Exhibit A, Proposal and this
Agreement. 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 EDAW for the services rendered
shall be as set forth in the Proposal, for an amount not to exceed
$7,000.00, without the prior written agreement of the City Manager 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 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 EDAW 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, EDAW 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 approved 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. EDAW 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 EDAW performing services hereunder for City.
C. EDAW 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
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conduct of EDAW or of EDAW's officers, employees or agents, except as
herein set forth. EDAW 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 EDAW 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 for Windows version 6.1 word processing software, on a 3.5 -inch
diskette.
E. EDAW 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, including but not
limited to death or injury to any person and injury to any property, to
the extent caused by any negligent act or omission in the performance of
this Professional Services Agreement by EDAW or the City.
The City does not, and shall not, waive any rights that it may have
against EDAW 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 Professional Services 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. EDAW shall secure from a good and responsible company or
companies authorized to do insurance business in the State of California,
pay for, and maintain in full force and effect for the duration of this
Professional Services 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 Professional Services Agreement. Notwithstanding any
inconsistent statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by the policies
shall:
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1. Bear an endorsement whereby it is provided that, 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 EDAW.
2. Bear an endorsement 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. EDAW shall give the
City thirty (30) days written notice prior to the expiration
of such policy, except in the case of cancellation due to non-
payment, which is ten (10) days.
3. Be written on an occurrence basis.
G. Consistent with the provisions of Paragraph F, EDAW shall
provide general public liability including automobile liability and
property damage insurance in an amount not less than One Million dollars
($1,000,000) per occurrence and annual aggregate.
H. Consistent with the provisions of Paragraph F, EDAW shall
provide workers' compensation insurance as required by the California
Labor Code. If any class of employees engaged by EDAW in work under this
Professional Services Agreement is not protected by the workers,
compensation law, EDAW shall provide adequate insurance for the
protection of such employees to the satisfaction of the City.
I. EDAW shall not assign this Professional Services Agreement, or
any of the rights, duties or obligations hereunder. It is understood and
acknowledged by the parties that EDAW is uniquely qualified to perform
the services provided for in this Professional Services Agreement.
J. The language contained in this Agreement shall take precedence
over the language contained in any exhibit to this Agreement.
K. Payment to EDAW 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. EDAW shall then either 1) provide support materials to
satisfy City stated discrepancy, or 2) revise the invoice to reflect
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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:
To: Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Dan Herman
EDAW, Inc.
17875 Von Karman Avenue, Suite 400
Irvine, CA 92714
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 EDAW 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 EDAW.
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.
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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 EDAW 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 EDAW overall performance of
the Agreement provisions herein above set forth and to serve as principal
liaison between City and EDAW shall be Jayna Morgan. 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 EDAW and City, shall
be the Director of Public Works.
VII. IMPLEMENTATION
The City shall provide EDAW with written notice in advance of the
date at which these services are to be implemented if different from the
date of the Agreement.
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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 EDAW 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 EDAW overall performance of
the Agreement provisions herein above set forth and to serve as principal
liaison between City and EDAW shall be Jayna Morgan. 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 EDAW and City, shall
be the Director of Public Works.
VII. IMPLEMENTATION
The City shall provide EDAW with written notice in advance of the
date at which these services are to be implemented if different from the
date of the Agreement.
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CITY OF MOORPARK: EDAW, Inc.:
By:
By:
Steven Kueny Dan Herman, Principal
City Manager
ATTEST:
By:
Lillian E. Hare, City Clerk
Exhibit A - Proposal Letter from EDAW dated May 6, 1996
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RECE�✓Eo
MAY� EDAW
1996
City of Moorpark
May 6, 1996 Community(13veloprrant Dapar!r;,er;
Debbie Traffenstedt
Landscape Architecture
Planning
Senior Planner
Urban Design
City of Moorpark
Environmental Analysis
799 Moorpark Avenue
Site Engineering
Graphic Design
Xloorpark, California 93021
SUBJECT: SPRING ROAD BRIDGE PROPOSAL
Dear Debbie:
EDAW, Inc.
Pursuant to our conversations regarding the above referenced project, the following 1920 Main Street
provides an brief outline of EDAW's proposed scope of Nvork and cost estimates Suite
Irvine, , CA 92714
for preparation of necessary environmental review documents and permit 714 660 -8044
processing. Based on conversations With City Staff and review of existing FAX 714 660 -1046
technical documents and EIRs, it is anticipated that the environmental License No. 2985
determination will be a Mitigated Negative Declaration. Potential permits
necessary for project implementation are: 1601 permit from the Department of Fish
and Game and a 404 permit from the U.S. Army Corps of Engineers (Which also
includes a 401 permit from the RWQCB).
It is anticipated that the Ventura County Flood Conh-ol District Arroyo Simi
Channel Improvements EIR can be used as the basis for the environmental review.
The VCFCD EIR included the land within the flood control basin right -of -way for
the Arroyo Simi within the City of Moorpark both up and down stream of the
Spring Road Bridge. After examining the EIR and the proposed project plans, it
appears that the right-of-way improvements analyzed in the �7CFCD EIR extend
beyond the boundaries of the Spring Road Bridge project, The EIR includes a
biological survey Which was last updated on November 11. 1993. Since it is
possible that onsite conditions have changed since this time. EDAW has included
an optional task for an onsite biological survey to be performed by y1r. Frank
Hovore.
SCOPE OF «FORK
Initial Study /NOD - EDAW Will prepare an Initial Studv to evaluate the
environmental effects of the Spring Road Bridge project. The Initial Study and
Negative Declaration will be prepared in accordance with Cite and State CE QA San Francisco
procedures and the format Will be similar to the Initial Sthtdv '\0_
OP EDAW recently Atlanta
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prepared for the Specific Plan No.2 project. The Initial Stud- will be comprised of Denver
a Environmental Analysis Checklist and Explanations Discussion of the Fort Collins
Huntsville
Environmental Analysis Checklist. If mitigation tneasures are proposed, a Irvine
,Mitigation'NIonitoring Program Will also be included within the document. The Orlando
Initial Study Will be based upon published information, including but not limited Seattle
London
to. the City of Moorpark- General Plan Update EIR, the VCFCD _-arroyo Simi Glasgow
Colmar
I long Kong
Sydney .
EDAW
Channel Improvements EIR. the EIR for the Las Posas Basin Aquifer Storage and Recovery
project, and technical reports completed and submitted to the City. The results of the Initial
Study'Negative Declaration will be revieNved with staff. Following receipt of comments on the
draft Initial Study /Negative Declaration. the final Initial Study,"Negative Declaration will be
revised for distribution by EDAW along N\ th the State Clearinghouse Notice of Detennination
m
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Onsite Biological Survey (optional) - If requested by Cite Staff, an onsite biological sun°ey of
the project area iNill be performed by Nlr. Frank Hovore. This sun-ey will update the November
1993 suiwey of the area and include a review of the site focusing on potential biological species
and habitat -_Nvhich may be impacted by project construction. Any potential impacts will identified
along Nvith appropriate mitigation. The results of the survey will be incorporated into the Initial
Study.
Permit Proeessin - If requested by City Staff, EDAW will apply for and obtain 1601 and 404
(401) Permits for the project following approval of the Negative Declaration. The costs
associated with obtaining the permits) depend upon which type of permit(s) the project requires.
Since the type of permit necessary cannot be accurately determined until the permit requests are
submitted. EDA "' has provided a range of costs based on past experience with other pennit
processing projects. The cost ranges are for labor and expenses and does not include the permit
application fees. Once the specific permit requirements are determined, a more definitive cost
estimate can be submitted for staff approval.
1601 (Slreom Bead ,41teration .4greenwnt) Permit: The Department has a fee schedule for this
permit depending upon the estimated project cost. If the project is less than $25,000 the fee is
$132. The Department has a 30 day time limit to respond to the SAA. A preliminary ball park
estimate for this task is between S2,500 and S3,500.
Secfiot7 -t04 Permit: There is no required fee to submit an application for a404 Permit to the U.S.
Array Corps. However. in order to obtain a 404 Permit. a 401 Permit must first be obtained from
the RWQCB (discussed below). The timing for the actual 404 Permit is as follows: 1) 30 days if
Nationwide, 2) 60 - 120 days if Individual. This is the time frame that the U.S. Army Corps has
to act oil the permit. The U.S. Army Corps will not be able to determine if the project is
Nationwide or Individual until the application for the permit is submitted to the Army Corps.
Based on our past work with Mike Je«ell of the U.S. Army Corps, EDAW anticipates that the
proposed project would probably fall under a Section 26 Nationwide Permit. A preliminary
ballpark estimate for obtaining a Section 404 'Nationwide Pon-nit is between $5,000 and S6,000.
This does not include the direct permit application fee related to the 401 Permit.
If it is determined an Individual Permit is required. the following tasks would need to be
accomplished-
1) 1 month public. notice
2) 1 month comment period
3) 1 month to respond to comments
4) Comments submitted to the Arny Corps
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EDAW
5) Army Corps does Envirornnental Assessment under NEPA and an Alternatives analysis
(Consultant could help with EA - approximately 1 month)
MAW has not provided a cost estimate associated «,itli an Individual Permit at this time.
Section 401 Perf?zit: There are two types of 401 pennits: 1) 401 Certification Nvhich requires a
$1,000 fee and would take approximately 60 days from receipt of the application, and 2) 401
Waiver which requires a $500 fee. This cannot be confirmed until the application is submitted
which includes providing a copy of the Initial Study, NOD, and 404 permit application. The 401
Waiver would take approximately 30 days from receipt of the application. A preliminary ballpark
estimate for this task is between $2,000 and S3.500. This does not include the direct permit
application fee. Please note, the RWQCB typically has a heavy workload in processing these
permits as there is only one staff member currently handling them. We have found it is best to
meet with the staff member in person and walk them through the project to expedite the process.
BUDGET
Initial Studv /NOD
$ 5.500
Reimbursable Expenses (includes fax. Fqderal Express, in -house copies, 30 copies
of Initial Study and distribution to State OPR and others) $500
Permit Processing (optional) $ 9,500 - 13,000
Onsite Biological Survev (optional)
TOTAL (without optional tasks)
$ L000
S6,000
Please do not hesitate to give me a call at 714.660.8044 if you have any questions related to this
proposal. I look forward to working with the City of Moorpark on this project.
Sincerely,
J Ana Morgan
Senior Associate