HomeMy WebLinkAboutAGENDA REPORT 1998 0715 CC REG ITEM 10DITEM 10*Do
CITY OF MOORPARK CITY OF MOORPARK, CALIFORNIA
AGENDA REPORT City Council Meeting
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TO: The Honorable City Council CTION• A; �o o rn ved
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FROM: Nelson Miller, Director of Community Developmei
Prepared by John L. Libiez, Principal Planner'
BY-
DATE: July 2, 1998 ( For City Council Meeting of July 15, 1998)
SUBJECT: Authorization to Issue Request For Proposal (RFP) For Bypass Studies and Traffic
Mitigation Fee Study
DISCUSSION:
On November 19, 1997, City Council considered the preliminary scope of work related to the traffic impact
mitigation fee and improvement program.
Since the Council's last review, the RFP has been modified to more clearly address various constraints and
options and expanded to include precise alignment studies for which Public Works has qualified for a grant.
Briefly, these changes are: ( a.) establishing three distinct phases to the study which would develop- 1) a
preliminary/interim traffic mitigation fee program, 2) precise alignment studies /capital improvement
program/environmental documentation, 3) final mitigation fee and financing strategy. Each phase is given
an anticipated time frame for completion with milestone reports required as works progress. Anticipated
completion of the full work program is targeted for 240 days from initiation of work. Since the project
involves federal funds, consultants will need to meet Caltrans requirements for qualification. The RFP
incorporates those requirements by reference.
The project funding would come from two sources. Phase 1 could be funded from available revenues in the
City -wide Traffic Mitigation Fund ( Fund 202). Phases 2 and 3 would be funded from a federal Congestion
Management grant in the amount of $120.000.00, plus $30,000.00 in local match funds from the Los Angeles
Ave. AOC account. The Ventura County Transportation Commission has approved the project, and it is
listed in the State Transportation Improvement Program (STIP) as an eligible project. Public Works need
only provide administrative materials to activate allocations.
A copy of the RFP is attached for Council review. Attachment 2, to the RFP, the previous design and cost
sheets prepared by Charles Abbott in 1995, were not attached to Council's copy due to their bulk.
STAFF RECOMMENDATION
Concur with revised Request For Proposal and authorize staff to issue the RFP.
Attachment: Revised Request For Proposals To Develop A Citywide Traffic Mitigation Fee And Capital
Improvement Plan Related To The Construction of Bypass Routes For SR 118 and SR 23
Within The City Of Moorpark
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REQUESTS FOR PROPOSALS TO DEVELOP
A CITYWIDE TRAFFIC MITIGATION FEE
AND CAPITAL IMPROVEMENT PLAN RELATED
TO THE CONSTRUCTION OF BYPASS ROUTES
FOR SR 118 AND SR 23 WITHIN THE CITY OF MOORPARK
July 1998
PROPOSALS DUE:
SEPTEMBER 1. 1998
At the Office of:
Nelson Miller
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
(805) 529 -6864, extension 242
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SCOPE OF WORK
CITYWIDE TRAFFIC MITIGATION FEE
AND BYPASS CAPITAL IMPROVEMENT PROGRAM
INTRODUCTION
The City of Moorpark Departments of Engineering and Community Development invite proposals
from civil engineering, traffic engineering and transportation planning firms qualified and
experienced in the development of traffic mitigation fee programs, capital improvement planning,
alignment studies, and environmental assessments.
BACKGROUND DATA
Moorpark incorporated as Ventura County's tenth city on July 1, 1983. Moorpark is 12.44 square
miles in size and is located in the southeastern part of Ventura County, approximately 50 miles
northwest of downtown Los Angeles.(See Attachment 1- Location Map) The population of
Moorpark was estimated to be 29,324 and the total housing units were estimated to be 9096, as
of January 1, 1998. Based on the density limit described in the City's General Plan Land Use
Element, the number of dwelling units at General Plan buildout is estimated to be between 15, 170
and 16,523.
SCOPE OF WORK
The selected consultant will be required to complete the following tasks and provide the following
services to the City:
The requested services will be performed within three phases. Each task below is highlighted with
the phase italicized in which it is expected to occur and with the level of detail expected for the task
at each phase. Some overlap of phases is anticipated. It is expected that the following time
sequence should apply to the phases identified. In each case, the time sequence is based on date
post contract issuance.
Phase 1. Draft Traffic Mitigation Fee Plan (Complete within 90 days)
Phase 2. Precise Alignment Study /Capital Improvement Plan and related
environmental studies and findings. (Complete within 180 days)
Phase 3. Final Mitigation Fee Program and Financing Strategy. (Complete within 240
days.)
Task 1: KICK -OFF MEETING:
(Phase 1: General discussion /direction)
Meet with City staff as necessary for data collection, coordination and project
understanding.
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Task 2: DATA COLLECTION. ANALYSIS AND DESIGN CONSIDERATIONS
A. REVIEW PREVIOUS CONCEPT PLANS /COSTS ESTIMATES
(Phase 1: General level of detail sufficient to reflect 1998 costing or feasibility for project)
1.Review conceptual interchange and roadway designs and cost estimates prepared in
1994 (see Attachment 2) for the State Route (SR) 118 bypass arterial and SR 23 extension.
2.Update /revise preliminary design and estimates, as necessary, including developing more
precise cost information and revising right -of -way estimates to take into consideration actual
planned land use.
B. PREPARE DESIGN AND COSTS ESTIMATES FOR SR 118 AND SR 23 BYPASSES
(Phase 1: The estimated general cost to produce these roadways and related facilities
needs documented)
(Phase 2: Preparation of detailed preliminary design plans for each component and /or
alternate is needed. This set of plans must be of sufficient quality and content to facilitate
the City's ability to seek final design and bid data at a later date. )
(Phase 3: Precise costs and financing strategies are required.)
Prepare cost estimates for individual bypass lengths, bridging or other facilities for Walnut
Creek crossing, grade separation at U.P. Rail Road crossing, interchange at Spring Road
extension, signalized "T° intersection at Los Angeles Ave westerly of Butter Creek Rd., and
necessary alterations to drainage facilities to complete bypass along the suggested 3.3 mile
SR 188 alignment provided by the City of Moorpark (see Attachment 3 for City Circulation
Element exhibit). SR 118 future development is programmed to be a six lane arterial on a
120 ft right of way. SR 23 future development is programmed to be a four lane arterial on
a 100 ft. Right of way. This study should consider the alternative to develop SR 118 and
SR 23 as four lane arterials, or two lane limited access bypass on sufficient reserved right
of way to accommodate future full bypass improvements.
C. SPRING ROAD EXTENSION:
(Phase 1: Assess general cost.)
(Phase 2: Preliminary design plans and costs to implement this alternative must be
prepared.)
(Phase 3: Actual cost analysis for this option and financing strategy must be reflected in
final fee program)
Review conceptual plans prepared by Specific Plan No. 2 project engineer showing design
modifications required to upgrade and extension of Spring Road from a local four -lane
arterial to a State Route 23 bypass arterial from Walnut Canyon Road south to Charles
Street.
D. SR 118 /SR 23 INTERCHANGE /INTERSECTIONS
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(Phase 1: General costs level of analysis)
(Phase 2: Preliminary design plans and costs for each alternative must be prepared)
(Phase 3: Financing plan and strategy required for this item)
Compare and Consider interchange and intersection designs and costs for SR -118 bypass
arterial and State Route 23 bypass arterial, including:
1. Original Caltrans design /proposal.
2. Full interchange with on and off ramps 118/23 (diamond)at Spring Road extension.
3. At grade computerized and signalized intersection 118/23 Spring Road extension option.
4. Fully signalized "T' intersection 118 terminus with Los Angeles Ave. Consideration
should be given to the relationship to the City's proposed interconnect project for signals
along Los Angeles Ave.
E. GENERAL PLAN AMENDMENT
(Phase 2: Precise alignment and changes to circulatory network to support the
recommended change must be prepared in an amendment to the Circulation Element of
the General plan)
Develop recommendations for required amendments to the City of Moorpark General Plan
Circulation Element to accommodate planned rights of ways and alignments for the bypass
routes.
F. PRELIMINARY REPORT
(Phase 1: General analysis of costs and estimates for the overall project at level of detail
to identify a reasonable cost of mitigation, fee spread, and recommended preliminary fee
assessable to projects.)
Submit preliminary report to City Manager, Director of Public Works, and Director of
Community Development for review and incorporate revisions as requested. The report
must clearly identify constraints, alternatives, feasibility, capacity and costs associated with
118/23 projects defined by this RFP. The report must determine the commitment to the
bypass projects by existing conditions of approval applied to various approved or pending
development projects.
Task 3: CALTRANS REVIEW:
(Phase 1: Gather and review information with Caltrans related to the general concepts for
the bypass incorporated to this RFP)
(Phase 2: Submit all plans, specifications and cost analysis to Caltrans for review and
comment before preparing final C1P)
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Obtain Caltrans review and comments on the updated /revised conceptual interchange,
intersection, and roadway designs and cost estimates for the SR -118 and SR -23 bypass
arterials.
Task 4: CAPITAL IMPROVEMENT PLAN
Prepare a capital improvement plan for the 118 and 23 bypass projects.
A. Prepare a list of required roadway and infrastructure improvements.
(Phase 1: General listing for which preliminary fee will be calculated)
(Phase 2: Preliminary design plans, specifications and type of improvement specified)
B. Develop improvement cost estimates.
(Phase 1: Base on concept plan)
(Phase 3: Precise costs and fee program /financing strategy)
C. Project future development to support the improvements.
D. Calculate proposed mitigation fee rates or other financing mechanism.
(Phase 1: Base on concept plan)
(Phase 3: Precise costs and fee program /financing strategy)
E. Develop a potential schedule for construction of improvements for alternatives selected for
further analysis in Task 1. Submit preliminary findings for this task to City Manager,
Director of Public Works, and Director of Community Development for review and
incorporate revisions as requested.
(Phase 2: Preliminary design plans, specifications and type of improvement must be shown
in a detailed construction schedule. The schedule should relate any special approvals
needed to effect the project.)
Task 5: PREPARE FINANCIAL ANALYSIS REPORT
Prepare a Financial Impact Analysis Report, providing:
(Phase 1. General level of detail to assess preliminary mitigation fees.)
(Phase 3: Precise detail for costs and financing mechanisms.)
A. Separate breakdown of required improvements and cost of improvements for SR -118
bypass arterial.
B. Separate breakdown of required improvements and costs of improvements for SR -23
bypass arterial.
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C. Interchange /Intersections of SR -118 and SR -23 and Spring Road/Walnut Canyon Road
alternatives.
D. Right of way acquisition costs by segment, including intersection /interchanges, for each
bypass.
E. Recommended financing method including appropriate mitigation fee for different land use
categories for each bypass project.
F. Schedule for construction of improvements based on anticipated revenue (City's objective
is to maintain Level of Service "C" at all intersections).
G. Clarification as to the level of traffic that could be accommodated on existing designated
state highways and City roadways, based on City and Ventura County Congestion
Management Plan level -of- service standards.
H. Fee justification documentation. The fee justification documentation shall include but not
be limited to land use projections based on the Land Use Element of the General Plan,
traffic projections based on the City traffic model, other projected circulation system
improvements within the City based on planned buildout of Specific Plan areas, trip
generation factors, cost estimates /required improvements, and anticipated Federal /State
funding. (NOTE. This is essential to the reports for Phases 1 and 3. Sources of funding
need to be clearly defined in the Phase 3 report.)
Discussion of funding level options for consideration:
(Phase 1: Preliminary fee based on concept costs)
(Phase 3: Precise cost factors and analysis required.)
Scenarios to be considered should include:
1. Full funding by developer mitigation fees to be paid by new City residential, commercial
and industrial project.
2. Partial funding by developer mitigation fees to be paid by new projects, with assumption
of feasible level of federal or state funding to support state highway network improvements.
3. Partial funding by development mitigation fees and assumption of estimated revenue
from projects in the County based on an adopted reciprocal fee agreement executable
between the City and the County. Coordinate with the Ventura County Transportation
Commission staff to develop assumption for regional improvements to be cooperatively
funded.
4. Include a recommendation in the Financial Analysis Report regarding the appropriate
funding assumptions.
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Task 6: ENVIRONMENTAL SERVICES:
(Phase 2: Complete assessment of the preliminary engineering plans and construction
schedule meeting CEQA/NEPA criteria necessary to allow development of the bypasses.
Each scenario proposed for consideration must be assessed and a preferred alternative
recommended.)
Prepare required federal or state environmental documents such as an Initial Study and
Negative Declaration or Mitigated Negative Declaration, consistent with the California
Environmental Quality Act (CEQA) Guidelines for the Citywide Traffic Mitigation Fee and
Improvement Program and for an amendment to the General Plan Circulation Element
including revision of Figure 2, Highway Network, to show the revised State Route 23
Bypass Arterial and deletion of "D" Street; and prepare responses to comments received
during the review period, as necessary. Submit draft Negative Declaration /Initial Study, and
Final Negative Declaration/ Initial Study, including responses to any comments received
during the public review period, to the Director of Community Development for review, and
incorporate revisions as requested. Provide a reproducible original for each draft and final
environmental document submitted.
Task 7: ADMINISTRATIVE REPORTS /RESOLUTIONS /ORDINANCES
A. Prepare draft staff reports to the Planning Commission and City Council that address
Citywide Traffic Mitigation Fee and Improvement Program and amendment to General Plan
Circulation Element.
(Required for Phases 1, 2 and 3)
B. Prepare draft Planning Commission and City Council resolutions.
(Required to adopt preliminary fee in Phase 1, C/P of Phase 2, and Final fees of Phase 3.)
C. Prepare a draft ordinance amending the Moorpark Municipal Code to establish the Citywide
Traffic Mitigation Fee Program in accordance with Government Code Section 66000, et
M., that imposes upon future development an equitable share of the costs the bypass
system improvements.
(Required for Phase 1 and Phase 3)
D. Submit draft staff reports, resolutions and ordinance to the City Manager and Director of
Community Development for review and incorporate revisions as requested.
(Required for Phase 1, Phase 2 and Phase 3 products)
E. Provide a reproducible original of the staff reports and all attachments, including resolutions
and ordinance.
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Task 8: MEETINGS /PUBLIC HEARINGS:
Participation in at least two Planning Commission and three City Council meetings (assume
up to 4 hours per meeting) must be factored into the proposal.
(Phase 1: 1 PC /1 CC estimated)
(Phase 2: 1 PC /1 CC estimated)
(Phase 3: 1 CC estimated)
Task 9: FINAL DOCUMENTS:
Make any final revisions to the engineering plans, study and reports, City Council resolution
and ordinance, as directed by the City Council, and provide a reproducible original,
including attachments to reports.
OPTIONAL TASKS
The proposal may include recommendations for optional tasks or revisions to tasks listed in the
above Scope of Work, based on consultant's experience with development of traffic mitigation fee
programs and improvement plans. Any such recommendations shall be included as optional tasks
and the cost for such additional or revised services shall be clearly specified.
QUALIFICATIONS
1. Direct experience preparing traffic mitigation fee program(s), capital improvement plan(s),
alignment studies, environmental evaluations, civil engineering analysis, staff reports,
resolutions, and ordinances for municipalities.
2. Meet all of the proposal requirements outlined in the Scope of Work and Proposal
Requirements sections of this Request for Proposals.
3. Satisfy all requirements contained in the State of California Department of Transportation
(CALTRANS) Local Assistance Manual regarding consultant qualifications, audit
requirements and performance.
The company will provide its own office space, telephone, clerical support, supplies, and vehicles.
CITY RESOURCES
The Departments of Community Development and Public Works staff will be available to assist the
selected consultant with data collection. Information available includes the City's Traffic Model
Description and Validation Report dated June 1994 (addresses Year 1994, Year 2000, and 2010
traffic volumes and land use assumptions), and conceptual interchange and roadway designs and
cost estimates for the SR- 118 /SR 23 bypass facilities prepared in 1994.
PROJECT MANAGEMENT
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The City's Principal Planner for Advanced Planning will serve as the city's project
manager /coordinator.
PROPOSAL REQUIREMENTS
All interested companies must submit five (5) sealed copies of their proposal to:
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
Attention: Nelson Miller, Director of Community Development/ or
John Libiez, Principal Planner
SEALED PROPOSALS MUST BE RECEIVED BY 5 P.M. SEPTEMBER 1. 1998.
The proposal should include the following:
Letter identifying name, address, and telephone number of the principal person
representing the firm and authorized to sign /execute a contract with the City.
2. A description of the firm, not to exceed three pages, identifying the firm's primary services,
office location(s), and professional and support staff members at the office which will be
responsible for completion of all work tasks.
3. The resumes of principal(s) and all staff members to be assigned to this project, and a
description of the role each would play. The Proposal shall identify the consultant's project
manager that will be the City's primary point of contact and will attend all meetings with the
City. The Proposal shall also identify the Principal in charge. The City will require that the
Professional Services Agreement include the name of the responsible project manager
assigned to this project and the name of the Principal responsible for the work. Substitution
of staff after the Professional Services Agreement is signed will require written authorization
from the City.
4. If subcontractors or joint consultants are proposed, provide the information listed above for
each subcontractor. In addition, describe any relevant association with the proposed
subcontractors. Provide examples of past projects on which the lead firm has worked with
each subcontractor. Indicate the reporting structure for the primary and subconsultants.
5. Describe related experience including references. Include the name, title, work address
and telephone numbers of the persons whom the consultant has worked closely with on
each job reference. Municipalities are preferred.
6. Provide a brief statement, not to exceed five pages, expressing the firm's understanding
of, and general approach to, the Scope of Work. Include comments on the Scope of Work
and include suggestions for augmenting, streamlining, or clarifying the scope.
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7. Provide a detailed schedule describing the number of days required to complete all work
tasks including the number of days required to complete each individual task.
8. Provide a fee proposal, including fee and hours breakdown for completed milestones or
tasks, including any recommended optional tasks, by consultant firm and the total project
fee. Include hourly rates for all project team members, billing method and percentage to
be set aside pending project completion, and rates for reimbursable costs /extraordinary
expenses (for example, reproduction costs, meetings not included in the proposed fee,
etc.). Respondees must take into consideration that each phase will require progress
meetings and or reports which the City considers a portion of the general services to be
provided by the consultant. Respondees shall provide detailed listings and associative
costs for any intended reimbursable expenses. City does not consider general copy costs,
phone time, travel costs, lodging costs, meal costs, or insurance costs as allowable
reimbursable expenses under this RFP. Report printing and reprographics to support the
plans and report requirements as products of the RFP will be allowed and need to be
justified within the response.
9. Statement of Equal Opportunity Employment.
10. Statement/verification that the firm understands and adheres to applicable federal and state
laws /procedures related to FHWA and Caltrans grants applicable to this request for
services. Firms shall demonstrate that they meet all criteria contained in Caltrans Local
Assistance Manual related to consultant selections, including audit requirements.
Failure to submit any of the required proposal materials shall result in the proposal being
deemed ineligible for consideration.
Late proposals will be rejected.
Receipt by the City of any Response to Proposal shall not constitute acceptance by the City of any
individual proposal submitted and shall not constitute any implied intent to enter into a contract for
consultant services with any individual responding firm(s).
SELECTION CRITERIA
The company will be selected based upon consideration of the following:
Experience and background of the company and its staff relative to tasks emphasized in
this RFP.
2. Ability to work closely with City staff.
3. Reputation, references and satisfaction of Caltrans requirements for qualifications.
4. Cost for services.
SELECTION PROCESS
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The company will be selected pursuant to the following process:
All proposals eligible for consideration will be carefully reviewed by the City selection
committee consisting of the Director of Community Development, Public Works Director,
City Planning Manager and Principal Planner for Advanced Planning;
2. Interviews will be conducted with the company(ies) judged to have the best qualifications
and experience to perform the work requested by the City.,
3. The City Council will make the final selection and award a contract to the selected company
or companies based upon the recommendation of the selection committee.
SELECTION DATE
The contract award is expected to be in October, 1998.
GENERAL INFORMATION
The proposal shall be valid for a minimum of 120 days.
2. Please provide any additional information that may aid the City in the selection process.
However, in no instance may information requested in the Scope of Work be omitted.
3. The terms of the contract will be as specified in this Scope of Work and the attached
sample City Professional Services Agreement. If an agreement is not reached within sixty
(60) days after the selection is made, the City may negotiate a contract with any other party.
4. The City reserves the right to reject any and all bids for services received.
5. The City reserves the right to negotiate and contract with the firm most closely fulfilling the
needs of the RFP.
6. Please refer any questions regarding this Request For Proposal to John L. Libiez, Principal
Planner at, (805) 529 -6864, extension 236.
LEGAL AND INSURANCE REQUIREMENTS
The selected company(ies) will be required to comply with the Legal and Insurance Requirements,
as outlined within the attached Professional Services Agreement.
The City reserves the right to negotiate the specific requirements and compensation using the
selected proposal(s) as a basis. Proposals will be considered only in their entirety.
Attachments:
1 Location Map
2. 1994 Conceptual interchange and roadway designs and cost estimates for the SR -118 and
SR -23 bypass arterials
3. Figure 2 from City General Plan Circulation Element
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4. Sample Professional Services Agreement
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ATTACHMENT 1
LOCATION MAP
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ATTACHMENT 3
GENERAL PLAN CIRCULATION ELEMENT
ROADWAY EXHIBIT
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ATTACHMENT 4
• SAMPLE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 199_, 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 , a California corporation, hereinafter referred to
as "CONSULTANT'.
WITNESSETH
WHEREAS, City has the need for professional traffic engineering and transportation
planning services pertaining to the development of a Citywide Traffic Mitigation Fee Program,
including development of improvement plans; 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 Proposal
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
, as set forth in Exhibit A, Proposal, 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.
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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 $ , without the prior written 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.
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 for Windows version 6.1 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,
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resulting from, or in any way connected with the performance of this Agreement by Consultant 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 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 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. 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:
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
Consultant.
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. Consultant 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, 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
c: \1 -m \contract \citywide.rfp 17 ew T
UUt�1
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:
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: (Consultant's name and address)
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 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.
c:\1-m\contract\citywide.rfp 18
00017-3
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
Ventura 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 CITY AND CONSULTANT STAFF
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,
or his designee.
The individual directly responsible for Consultant overall performance of the Agreement
provisions herein above set forth and to serve as the Project Manager and principal liaison between
City and Consultant shall be . The Consultant Project Manager will be present
at all meetings with the City. The Consultant managing Principal responsible for the work to be
done by the Consultant's staff and subconsultants shall be Substitution of
Consultant staff, other than the responsible individuals herein above set forth requires the written
agreement of 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: (CONSULTANT)
Steven Kueny
City Manager
ATTEST:
Deborah S. Traffenstedt
City Clerk
c: \1 -m \contract \citywide.rfp 19 0001.714
COST SUMMARY RFP RESPONSE
CITY OF MOORPARK
TRAFFIC MITIGATION FEE AND CAPITAL IMPROVEMENT PLAN
FOR SR 118 AND SR 23 BYPASS CONSTRUCTION
TASK
PHASE
PHASE2
PHASE3
TOTAL
1 Xick -off Meeting
N/A
N/A
2. Data Gathering
A. Review previous plans and
N/A
N/A
cost estimates.
B. Prepare design and costs
estimates for Sr 118 & SR 23
C. Spring Road extension
D. Sr 118/Sr 23 Interchanges/
Intersections
E. General Plan Amendment
N/A
N/A
F. Preliminary Report
N/A
3. CALTRANS.Revlew ' . , '
N/A
4. Capital Improvement,','"'
Plan
A. Roadway /infrastructure
N/A
improvements required
B. Improvement Cost
N/A
Estimates
C. Development Projections
N/A
D. Mitigation fee rate and
N/A
financing mechanism
E. Schedule for construction
N/A
N/A
of improvements.
5. Prepare F a�
Analyslw i2e r1+��tnCes
otherwise noted! ►= are
required for phases 4 ik3: > -,
A. Breakdown costs and
N/A
improvements SR 118
B. Breakdown costs and
N/A
improvements SR 23
ijoo ?5
C. Intersection /Interchange at
N/A
SR 118 and SR 23; and,
Spring Road and Walnut
Creek Road.
D. Right of Way acquisition
N/A
by segment each bypass
E. Financing method or fee
N/A
for each bypass project
F. Construction schedule
based upon expected
revenues.
G. Review and analysis of
traffic levels that can be
accommodated existing city
N/A
streets and designated state
hiways base on Congestion
Management Plan standards.
H. Fee Justification
N/A
Documentation
I. Funding Level Options
N/A
6 Environmental Sanrtcesf `
N/A
NIA
T. Administrative Reports
Resolutions! Ordirtnces £?'
A. Draft Staff Reports
B. Draft Commission and
Council Resolutions
C. Draft Fee Ordinance
N/A
D. Submit A -C
E. Provide reproducible
originals
8. Mee #0
Hearing-
9. Finall"06 u e�
SUBTOTAL,
RE(MB'URSABCES"
TOTALS .:- . .. `
X1001. `6