HomeMy WebLinkAboutAGENDA REPORT 1997 1119 CC REG ITEM 09FITEM q • f •
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of 19477
ACTION:
STAFF REPORT
CITY OF MOORPARK
TO: Honorable City Council
FROM: Nelson Miller, Director of Community Development( "-
Deborah S. Traffenstedt, Principal Planner SST
DATE: November 13, 1997 (CC Meeting of 11- 19 -97)
SUBJECT: CONSIDER PRELIMINARY SCOPE OF WORK AND AUTHORIZING STAFF
TO REQUEST PROPOSALS FROM QUALIFIED CONSULTANTS FOR
DEVELOPMENT OF A CITYWIDE TRAFFIC MITIGATION FEE AND
IMPROVEMENT PROGRAM
Completing the report on the Citywide Traffic Mitigation fee and
developing more precise information on the proposed State Route 118
bypass route is a Community Development Department objective for the
1997 -98 fiscal year. The General Plan Circulation Element
Implementation section includes as Implementation Measure No. 8 that
the City Council shall adopt a transportation improvement fee
program which will enable circulation improvements to be funded by
new development and, in conjunction with the City's capital
improvement program, will determine estimated dates for
construction. Implementation Measure No. 8 also requires that a
phasing /improvement plan shall be included that identifies project
specific improvement responsibilities and requires fair share
funding for cumulative circulation improvements.
In March 1995, the City Council reviewed preliminary cost estimates
and a scope of work for development of a Citywide Traffic Mitigation
Fee Program. The City Council's direction, at that time, was that
staff proceed with the development of a Citywide Traffic Mitigation
Fee for the State Route (SR) 23 and SR -118 bypass arterials and that
the Transportation and Streets Committee be assigned to work with
staff. At the time of the last update to the City's General Plan
Circulation Element in 1992, the Citywide Traffic Mitigation Program
was envisioned to include the construction of a SR -23 bypass
arterial that would connect to the existing freeway. Based on the
estimated costs of the SR -23 bypass arterial that is identified in
the General Plan Circulation Element, other alternatives have
DST cA1- mistaffrpt1cc111997.ctw
0004!61
Citywide Traffic Mitigation
To: Honorable City Council
November 13, 1997
Page 2
continued to be studied since 1992, and a new City Council adopted
Fiscal Year 1997 -1998 objective is that in conjunction with the
processing of Specific Plan No. 2, an amendment to the Circulation
Element be prepared to consider redesignation of State Route 23 to
Spring Road from its proposed intersection with Walnut Canyon Road
south to New Los Angeles Avenue.
DISCUSSION
Staff has prepared a preliminary scope of work, including draft
professional services agreement (attached) to hire a qualified
consultant to do the necessary analysis to develop a Citywide
Traffic Mitigation Fee and Improvement Program. Staff is proposing
that the analysis be completed only for the SR -118 bypass arterial
and the upgrading of an extension of Spring Road from a local
arterial to State highway standards.
One of the proposed tasks is that the consultant would prepare a
draft Traffic Impact Mitigation Fee Analysis Report that would
include: developing more precise cost information on the proposed
SR -118 bypass arterial and the construction of Spring Road as a
four -lane State Route 23 bypass from New Los Angeles Avenue north to
its proposed intersection with Walnut Canyon Road, development of a
list of the improvements required, improvement cost estimates,
recommended mitigation fee for different land use categories,
schedule for construction of improvements, fee justification
documentation, and funding level options.
Staff proposes to further refine the draft scope of work and then
distribute an informal request for proposals to qualified
consultants. The intent is to allow the consultants to also assist
with the development of the appropriate work tasks for development
of a traffic mitigation fee and improvement program. As previously
directed by the City Council, staff would then arrange for the
Transportation and Streets Committee to review the proposals and
provide a recommendation to the Council. Consideration of a
Professional Services Agreement with the recommended consultant
would then be scheduled for City Council consideration.
The City's Traffic Model will alsc
traffic distribution assumptions
assumed to be Spring Road versus
DST c:\1- m\staffrpt \cc111997.ctw
need to be updated to adjust the
if the State Route 23 bypass is
the State Route bypass arterial
006082
Citywide Traffic Mitigation
To: Honorable City Council
November 13, 1997
Page 3
shown on Figure 2 in the Circulation Element (see Attachment 3 to
the Draft Scope of Work) . For example, there would be related
traffic impacts on existing Spring Road, Los Angeles Avenue east of
Spring Road, and Los Angeles Avenue /New Los Angeles Avenue. The
cost for development and administration of the Citywide Traffic
Mitigation Program, including City Traffic Model update, can be
recouped through the total fees that will be collected for the
Citywide Traffic Mitigation Program.
The 1997/1998 Fiscal Year Budget did include an allocation of
$75,000 for a consultant to prepare a Development Impact Fee
Program. This was intended to include the Citywide Traffic Impact
Fee as a major component, but also include other fees identified as
part of the Growth Management Ordinance discussions. However, due
to consideration of proposed Specific Plans, it is desirable to
proceed to address traffic impact fees. Other impact fees can be
considered at a later time. Any necessary budget adjustments would
be requested at the time a contract is awarded.
STAFF RECOMMENDATION
1. Concur with preliminary scope of work for a citywide traffic
mitigation fee and improvement program including consideration
of potential amendment to the General Plan Circulation Element
for the extension of Spring Road to Walnut Canyon Road as a
four -lane arterial and potential request for redesignation of
Spring Road as State Route 23 to replace the parallel segment
of Walnut Canyon Road.
2. Authorize staff to request proposals from qualified consultants
for development of a citywide traffic mitigation fee and
improvement program, traffic model update, General Plan
Amendment to the Circulation Element, and preparation of an
Initial Study and Negative Declaration or Mitigated Negative
Declaration.
3. Authorize staff to modify the Request for Proposals /Scope of
Work document as needed, consistent with the staff report and
any further City Council direction, prior to seeking proposals.
Attachment: Draft Scope of Work and Professional Services Agreement
DST cA1- mistaffrpt\cc111997.ctw
omosa
MOORPARK
' 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
SCOPE OF WORK
CITYWIDE TRAFFIC MITIGATION FEE
AND
IMPROVEMENT PROGRAM
November 1997
PROPOSALS DUE:
At the Office of:
Nelson Miller
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
(805) 529 -6864, extension 236
000084
PATRI H . PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
SCOPE OF WORK
CITYWIDE TRAFFIC MITIGATION FEE
AND
IMPROVEMENT PROGRAM
INTRODUCTION
The City of Moorpark Department of Community
proposals from qualified traffic engineering an d
companies experienced in the development of
programs, including development of improvement
BACKGROUND DATA
Development is inviting
transportation planning
traffic mitigation fee
plans.
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 5o miles northwest of downtown Los
Angeles (see Attachment 1, Location Map). The population of Moorpark was
estimated to be 28,377, and the total housing units were estimated to be
8,913, as of January 1, 1997. 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 16,523.
SCOPE OF WORK
The selected consultant will be required to complete the following tasks
and provide the following services to the City:
Task 1: Meet with City staff as necessary for data collection and
coordination purposes.
Task 2:
A. Review conceptual interchange and roadway designs and cost
estimates prepared in 1994 (see Attachment 2) for the State
Route (SR) 118 bypass arterial (see Attachment 3 for City
Circulation Element exhibit) and update /revise 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. Review conceptual plans prepared by Specific Plan No. 2
project engineer showing design modifications required to
upgrade an extension of Spring Road from a local four -lane
arterial to a State Route 23 bypass arterial from Walnut
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00G08115
Canyon Road south to Charles Street, update /revise design as
necessary to comply with Caltrans State Highway standards, and
develop cost estimates for required design modifications.
Also develop the design for and prepare cost estimates for the
upgrade of Spring Road from Charles Street south to New Los
Angeles Avenue to function as State Highway 23.
C. Consider alternative interchange designs and costs for SR -118
bypass arterial and Spring Road /State Route 23 bypass
arterial, including full interchange with on and off ramps and
another alternative with an at grade signal, and also analyze
compliance with Caltrans standards and warrants.
D. Consider alternative designs and costs for intersection of
Spring Road extension and Walnut Canyon Road.
E. Develop recommendations for required amendments to the City of
Moorpark General Plan Circulation Element.
F. Submit preliminary findings for this task to City Manager,
Director of Public Works, and Director of Community
Development for review prior to proceeding with next task, and
incorporate revisions as requested.
Task 3: Obtain Caltrans review and comments on the updated /revised
conceptual interchange and roadway designs and cost estimates
for the SR -118 and SR -23 bypass arterials.
Task 4: Prepare a list of required improvements, develop improvement
cost estimates, project future development to support the
improvements, calculate proposed mitigation fee rates, and
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 prior to proceeding with next task, and
incorporate revisions as requested.
Task 5: Prepare a draft Traffic Impact Mitigation Fee Analysis Report
for alternatives, providing a separate breakdown for SR -118
bypass arterial, SR -23 bypass arterial, intersection of SR -118
and SR -23 and Spring Road /Walnut Canyon Road alternatives and
right of way acquisition costs by segment. The Traffic Impact
Mitigation Fee Analysis Report will need to include the
improvement list, improvement cost estimates, recommended
mitigation fee for different land use categories, schedule for
construction of improvements based on anticipated revenue
(City's objective is to maintain Level of Service "C" at all.
intersections), clarification as to the level of traffic that
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could be accommodated on existing designated state highways
and City roadways, based on City and Ventura County Congestion
Management Plan level -of- service standards, and 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.
The Traffic Impact Fee Analysis Report shall also include
discussion of a minimum of two funding level options for
consideration: 1) Full funding by developer mitigation fees to
be paid by new City projects, and 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, and assumption of
estimated revenue from projects in the County if a reciprocal
agreement is executed between the City and the County.
Coordinate with the Ventura County Transportation Commission
staff to develop assumption for regional improvements to be
cooperatively funded. Include a recommendation in the draft
Traffic Impact Fee Analysis Report regarding the appropriate
funding assumptions. Submit the draft Traffic Impact Fee
Analysis Report to the City Manager, Director of Public Works,
and Director of Community Development for review prior to
proceeding with next task, and incorporate revisions as
requested. Provide a reproducible original of the completed
report.
Task 6: Prepare 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.
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Task 7: 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, prepare draft Planning Commission and City Council
resolutions, and prepare a draft ordinance amending the
Moorpark Municipal Code to establish the Citywide Traffic
Mitigation Fee in accordance with Government Code Section
66000, et sea., that imposes upon future development an
equitable share of the costs of future arterial street system
improvements. Submit draft staff reports, resolutions and
ordinance to the City Manager and Director of Community
Development for review and incorporate revisions as requested.
Provide a reproducible original of the staff reports and all
attachments, including resolutions and ordinance.
Task 8: Attend two Planning Commission and three City Council meetings
(assume up to 4 hours per meeting).
Task 9: Make any final revisions to City Council resolution and
ordinance as directed by the City Council, and provide a
reproducible original, including attachments.
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), 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.
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
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2010 traffic volumes and land use assumptions), and conceptual
interchange and roadway designs and cost estimates for the SR -118 bypass
facility prepared in 1994 (Attachment 2).
PROPOSAL REQUIREMENTS
All interested companies must submit five (5) copies of their proposal
to.
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
PROPOSALS MUST BE RECEIVED BY
The proposal should include the following:
1. Letter identifying name, address, and telephone number of the
principal person representing the firm, signed by a person
authorized to 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 proposed project manager that will be
the City contact and present at 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, please 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.
title, work address and telephone numbers of the
consultant has worked closely with on each
Municipalities are preferred.
Include the name,
persons whom the
job reference.
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6. Provide a brief statement, not to exceed three 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.
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
extraordinary expenses (for example, reproduction costs, meetings
not included in the proposed fee, etc.).
9. Statement of Equal Opportunity Employment.
Failure to submit any of the required proposal materials shall result in
the proposal being deemed ineligible for consideration. Acceptance by
the City of any proposal submitted pursuant to the informal request for
proposals shall not constitute any implied intent to enter into a
contract for consultant services.
SELECTION CRITERIA
The company will be selected based upon consideration of the following:
1. Experience and background of the company and the staff.
2. Ability to work closely with City staff.
3. Reputation and references.
4. Cost for services.
SELECTION PROCESS
The company will be selected pursuant to the following process:
1. All proposals eligible for consideration will be carefully reviewed
by City staff;
2. Interviews will be conducted with those company(ies) judged to have
the best qualifications and experience for the City, and City staff
will make a recommendation to the City Council based on the
submitted proposals and interviews;
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3. The City Council will make the final selection and award a contract
to the selected company or companies.
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SELECTION DATE
The contract award is expected to be in 1998.
GENERAL INFORMATION
1. 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 following draft 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. Please refer any questions regarding this request for proposals to
, (805) 529 -6864, extension
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
4. Sample Professional Services Agreement
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ATTACHMENT I
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ATTACHMENT 2
JULY 1, 1994
COST ESTIMATES
FOR
STATE ROUTE 118 AND STATE ROUTE 23
BYPASS ARTERIALS, CITY OF MOORPARK
PREPARED BY:
DWIGHT FRENCH AND ASSOCIATES
(Will be inserted into Citywide
Traffic Mitigation Fee and
Improvement Program Scope of Work
that will be Mailed to Consultants)
000034
KITE.
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MR
19
FIGURE 2
CITY OF MOORPARK
GENERAL PLAN CIRCULATION ELEMENT
HIGHWAY NETWORK
May 13.1992
00009•
u,rrERCAANGE
SIX-LANE ARTERIAL
FOUR-LANE ARTERIAL
_R-
RURAL COLLECTOR
LOCAL COLLECTOR
SIGNALIZED INTERSECTION
,r]
AT-GRADE RR CROSSING
GRADE SEPARATED RR CROSSING
�•�•�•�•�•
CITY LIMIT BOUNDARY
SWERNME•
SR•118 FREEWAY CORRIDOR
TTr rp •r<+ ,r P• P e aigm em M M•we
:,rr.,.w Meer a Ewa •k Cn a mA ,wk F~
�+ "wu f)ep n . eti Carwre D—wo er L7epn.
iw «in•err .,Jorruw
19
FIGURE 2
CITY OF MOORPARK
GENERAL PLAN CIRCULATION ELEMENT
HIGHWAY NETWORK
May 13.1992
00009•
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 ".
W I T N E S S E T H
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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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 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)
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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.
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.
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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.
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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, 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:
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 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)
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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 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)
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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.
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.
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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.
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:
Steven Kueny
City Manager
ATTEST:
Lillian E. Hare, City Clerk
(CONSULTANT)
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