HomeMy WebLinkAboutAGENDA REPORT 2000 1004 CC REG ITEM 11CTO:
FROM:
DATE:
AGENDA REPORT
CITY OF MOORPARK
Honorable City Council
ITEM-/I. C
CITY OF - MOORPARK, CALIFORNIA
City Council Meeting
of /0- 4-a000
ACTION: APPRBVECJ 5mrr
R ECOMMEN DRrl at,3
BY: �vv 4-Vz4,-
Deborah S. Traffenstedt, ATCM /City Clerk 5�
(Acting Director of Community Development)
September 27, 2000 (CC Meeting of 10/4/00)
SUBJECT: Consider Authorizing City Manager to Approve an Agreement
between the City of Moorpark and West Pointe Homes and a
Professional Services Agreement between the City and the
Planning Corporation for the Completion of a Final
Environmental Impact Report and Provision of Related
Services for the West Pointe Homes Project in Walnut
Canyon
BACKGROUND
The West Pointe Homes project request is for a 250 -lot subdivision
and residential planned development on the west side of Walnut
Canyon Road, south of the proposed Spring Road extension and north
of the proposed 118 Arterial Bypass. On February 25, 1999, West
Pointe Homes submitted a revised application to the City for
General Plan Amendment No. 99 -03, Zone Change No. 99 -01, Vesting
Tentative Tract Map No. 5187, and Residential Planned Development
Permit No. 99 -02. With the concurrence of the applicant, the City
hired the Planning Corporation to prepare a Draft Environmental
Impact Report (EIR) for the project, using a previously approved
planning services contract. The Notice of Preparation was sent out
on August 30, 1999. The 45 -day public review period for the draft
EIR began on August 21, 2000, and ends on October 4, 2000. A public
hearing to discuss the Draft EIR was initiated before the Planning
Commission on September 11, 2000, and has been continued until
October 23, 2000 to consider responses to comments. In order for
the Planning Corporation to complete the Final EIR for the project,
under contract to the City, staff has determined that appropriate
project specific agreements should be approved.
DISCUSSION
Although the City's planning services contract with the Planning
Corporation was utilized to allow preparation of the Draft EIR, the
City's typical practice is to require separate agreements with the
applicant and the selected consultant for the preparation of the
EIR and provision of related services. Staff has attached to this
C'' "%0 .1v4
Honorable City Council
September 27, 2000
Page 2
report a draft Agreement between the City and the applicant and a
draft Professional Services Agreement between the City and the
Planning Corporation. The applicant will be required to submit a
total deposit amount of $40,000 to fund estimated consultant and
staff costs.
STAFF RECOMMENDATION
Authorize the City Manager to approve the Agreement between the
City and West Pointe Homes and the Professional Services Agreement
between the City and the Planning Corporation.
Attachments:
1. West Point Homes Agreement
2. Planning Corporation Professional Services Agreement
CCOI .3J
AGREEMENT BETWEEN CITY OF MOORPARK AND WEST POINTE
HOMES FOR COMPLETION OF A FINAL ENVIRONMENTAL
IMPACT REPORT AND PROVISION OF RELATED SERVICES FOR
THE WEST POINTE HOMES PROJECT IN WALNUT CANYON
THIS AGREEMENT, made and entered into this day of , 2000,
by and between the CITY OF MOORPARK, a municipal corporation located in
the County of Ventura, State of California ( "City ") and WEST POINTE
HOMES, Inc., a California corporation ( "West Pointe Homes ").
W I T N E S S E T H
WHEREAS, West Pointe Homes is the owner of property located in the
City of Moorpark identified as Assessor's Parcel Numbers: 500 -0- 260 -025,
500 -0- 260 -045, 500 -0- 260 -075, 500 -0- 260 -085, 500 -0- 260 -095, and 500 -0-
270 -090, and 500 -0- 270 -140, and 500 -0- 270 -155, and and 500 -0- 270 -165; and
WHEREAS, on February 25, 1999, West Pointe Homes submitted its
formal application to the City for General Plan Amendment No. 99 -03, Zone
Change No. 99 -01, Vesting Tentative Tract Map No. 5187, and Residential
Planned Development Permit No. 99 -02; and
WHEREAS, the City and West Pointe Homes both jointly agree that
preparation of the final environmental impact report (EIR) and provision
of related services will be done by the Planning Corporation for the
residential project in Walnut Canyon; and
WHEREAS, upon execution of this Agreement by City and West Pointe
Homes, City intends to enter into a Professional Services Agreement with
Planning Corporation, whereby Planning Corporation shall be retained by
City to complete the EIR and perform related planning services for the
West Pointe Homes Project, and the Planning Corporation Professional
Services Agreement ( "Planning Corporation Agreement ") is attached hereto
and incorporated herein as Exhibit "1 "; and
WHEREAS, upon execution of this Agreement, West Pointe Homes shall
be responsible for payment of all costs associated with the Planning
Corporation Agreement as well as costs for City administration of the
Planning Corporation Agreement and related review of documents prepared
pursuant to the Planning Corporation Agreement, as identified herein and
within Exhibit "1" of this Agreement.
WHEREAS, West Pointe Homes and the City acknowledge that the
provisions of Chapter 4.5 of Division 1 of Title 7 of the Government Code
(Section 65920 et se q.) are inapplicable, because approval of the
requested project requires legislative actions by the City Council.
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and premises contained herein, the parties agree as follows:
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I. PAYMENT TERMS
West Pointe Homes shall pay City for one hundred percent (1000) of
any City costs related to administering, preparing, reviewing, and
processing the EIR, and the entitlements requested by West Pointe Homes
for the West Pointe Homes Project in Walnut Canyon. Prior to City
execution of the Planning Corporation Agreement, West Pointe Homes shall
submit to the City an initial deposit totaling $20,000, and within thirty
(30) days following City receipt of the initial deposit of $20,000, shall
submit a second deposit of $20,000 to the City. The total $40,000
deposit requirement is based on the estimated Planning Corporation
contract services totaling $34,625 (including a contingency amount of
$6,475), City contract overhead charge of fifteen percent (150), and
additional funds for City staff time to review and process the final EIR.
Failure of West Pointe Homes to pay the total $40,000 deposit,
referenced in the above paragraph, or to pay any additional deposit
required to fund staff or contract staff services, within thirty (30)
days of receipt of the City's written request for deposit, may result in
the termination or suspension of work on the preparation and processing
of the EIR and related entitlement applications, consistent with Article
III of this Agreement, and would result in a change to the date for a
certification decision for the Final EIR, consistent with Article II of
this Agreement.
II. ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND PROJECT APPROVAL
The City and West Pointe Homes herein agree that the date for a City
certification decision for the final EIR for the West Pointe Homes
Project in Walnut Canyon shall be extended to January 31, 2001, and may
be further extended due to late or non - payment of invoices or suspension
of work on the final EIR as described in this Article.
The time period for a certification decision will be extended by two
days for every one day that West Pointe Homes is late in submitting
payment to City for any project related invoice. A payment will be
considered late if a check for the full amount of an invoice is not
submitted to the City within 30 calendar days following receipt of
invoice by West Pointe Homes, pursuant to payment terms addressed in this
Agreement. Receipt of invoice by either facsimile or mail would initiate
the 30 -day time period for payment of invoice. If work on the EIR is
suspended, due to failure of the applicant to provide the Planning
Corporation with requested project information required to complete the
Final EIR, the time period for a certification decision will be extended
by the same period of time as the suspension period.
In no event or circumstance, shall this Agreement be deemed to
require City certification of the EIR prepared by the Planning
Corporation for the West Pointe Homes Project or approval of the
requested entitlements: General Plan Amendment No. 99 -03, Zone Change No.
99 -01, Vesting Tentative Tract Map No. 5187, and Residential Planned
Development Permit No. 99 -02.
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III. TERMINATION OR SUSPENSION
This Agreement may be terminated by West Pointe Homes at any time
and for any reason, upon giving the City notice of termination of this
Agreement, and the City shall, within ten (10) working days of receipt
of said notice from West Pointe Homes, exercise its right to terminate
the Professional Services Agreement with the Planning Corporation. In
the event West Pointe Homes exercises its right to terminate, West Pointe
Homes agrees that it will compensate the City for all work completed in
accordance with the Planning Corporation Agreement as well as for all
work performed by City staff, City contract employees and consultants,
up to the date of termination of this Agreement and the Professional
Services Agreement. Compensation for work in progress shall be prorated
as to the percentage of progress completed at the date of termination.
This Agreement may be terminated or suspended, with or without
cause, by the City at any time with no less than ten (10) working days
written notice of such termination or suspension. In the event of such
termination or suspension, West Pointe Homes shall compensate the City
for all work completed in accordance with the Planning Corporation
Agreement, as well as for all work performed by City staff, City contract
employees and consultants, up to the later date of termination or
suspension of both this Agreement and the Planning Corporation
Professional Services Agreement. Compensation for work in progress shall
be prorated as to the percentage of progress completed at the date of
termination or suspension.
IV. COPIES OF WORK PRODUCT
West Pointe Homes shall have a right to receive from the City, at
its sole discretion and cost, copies of all completed Planning
Corporation work products as identified in Exhibit "l ", with the
exception of draft staff reports. One copy of all final approved staff
reports will be provided to West Pointe Homes following distribution to
the appropriate decision - making body for a scheduled public meeting or
hearing.
V. RESERVATION OF RIGHTS
In no event or circumstance, shall this Agreement be deemed to limit
or otherwise be deemed a waiver of any right, obligation, claim, cause
of action, or defense that either party may have under any applicable
California or federal law.
VI. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance
with the laws of the State of California.
VII. ADDITIONAL DOCUMENTS
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0310 13 8
Each party hereto agrees to execute any and all documents and
writings which may be necessary or expedient to, and to do such further
acts for, the purposes hereof.
VIII. SUCCESSORS, ASSIGNS
This Agreement shall be binding upon and inure to the benefit of all
heirs, successors, and assigns.
IX. TERM OF AGREEMENT
The term of this Agreement shall be the time period required to
complete all of the work tasks identified in Exhibit "1" of this
Agreement, unless this Agreement is terminated or suspended pursuant to
Article III herein.
X. MISCELLANEOUS PROVISIONS
A. West Pointe Homes, including any affiliated company,
partnership, or corporation, agrees not to hire Planning
Corporation, or any subcontractors retained by Planning Corporation,
or its affiliated companies, partnerships or corporations, in
fulfillment of Planning Corporation's Agreement with the City to
perform any work during the term of this Agreement and for a one -
year period following termination or suspension of this Agreement,
without the prior written consent of the City.
B. West Pointe Homes shall hold harmless, indemnify and defend
the City and its officers, employees, servants, agents, and
independent contractors who serve in the role of City Manager,
Assistant City Manager, Assistant to City Manager /City Clerk, 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 misconduct, negligent acts, errors or omissions of West Pointe
Homes or any of its officers, employees or agents in the performance
of this Agreement, except such damage as is caused by the sole
negligence of the City. West Pointe Homes shall also hold harmless
the City and its officers, employees, servants, agents, and
independent contractors who serve in the role of City Manager,
Assistant City Manager, Assistant to City Manager /City Clerk, 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 misconduct, negligent acts, errors or omissions of Planning
Corporation or any of its officers, employees or agents in the
performance of the Planning Corporation Agreement, except such
damage as is caused by the sole negligence of the City.
C. 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
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Gil C.",0139
States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as
follows:
To: City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: President
West Pointe Homes
960 Westlake Boulevard, Suite 204
Westlake Village, CA 91361
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 third (3rd) day after deposit in the United
States mail.
D. Nothing contained in this Agreement shall be deemed, construed
or represented by the City or West Pointe Homes 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 West Pointe Homes.
E. This Agreement constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements or
understandings, 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.
F. 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.
G. No waiver of any provision 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 provision. No waiver shall be
binding, unless executed in writing by the party making the waiver.
H. 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 judgment or decree
rendered in such a proceeding shall include an award thereof.
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Clt-.1�01 40
I. Cases involving a dispute between the City and West Pointe
Homes may be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgment of the arbitrator.
J. 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.
K. The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and identification
only and shall not be deemed to limit or define the content of the
respective Articles and Paragraphs hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first above written.
CITY OF MOORPARK:
BY
Steven Kueny
City Manager
ATTEST:
BY
Deborah S. Traffenstedt
City Clerk
WEST POINTE HOMES:
BY
James Rasmussen
President
Exhibit 1: Professional Services Agreement Between City of Moorpark and
Planning Corporation for the West Pointe Homes Project in
Walnut Canyon
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14:1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF MOORPARK AND PLANNING CORPORATION
FOR FINAL ENVIRONMENTAL IMPACT REPORT AND RELATED SERVICES
FOR WEST POINTE HOMES PROJECT IN WALNUT CANYON
THIS AGREEMENT, made and entered into this day of
2000, 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 the Planning Corporation, an independent
contractor, hereinafter referred to as "CONSULTANT ".
LIM +aVfaWA&WA&AW
WHEREAS, City has the need for professional environmental compliance,
planning, and resource management services related to the preparation of
a Final Environmental Impact Report for the West Pointe Homes Project in
Walnut Canyon; 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
has the proper experience, certifications and background to carry out the
duties involved; and
WHEREAS, Consultant has submitted to City a Proposal letter with a
revision date of September 22, 2000, and is attached hereto as 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
provide contract services, as set forth in Exhibit A, 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.
II. COMPENSATION
The fees in full compensation to the Planning Corporation for the
services rendered shall be as set forth in the Scope of Work, for an amount
not to exceed $34,625.00, without the prior written agreement of the City of
Moorpark and the Planning Corporation of the changes in the Scope of Work,
which result in the increase of said cost. Payment by City to Consultant
shall be in accordance with the provisions of Article IV, Paragraph K, of
this Agreement.
Professional Services Agreement between
City of Moorpark and Planning Corporation Page 1
Cu014
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. Consultant may terminate this Agreement
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. GENERAL CONDITIONS
A. Consultant covenants that neither they nor any officer or
principal of their firm have any interests, nor shall they acquire any
interest, directly or indirectly, which will conflict in any manner or
degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or
subcontractor. Consultant further covenants that Consultant has not
contracted with nor is performing any services directly or indirectly, with
the developer(s) and /or property owner(s) and /or firm(s) and /or
partnerships and /or public agency(ies) owning property and /or processing an
entitlement application for property in the City or its Area of Interest,
now or within the past one (1) year, and further covenants and agrees that
Consultant and /or its subcontractors shall provide no service or enter into
any contract with any developer(s) and /or property owner(s) and /or firm(s)
and /or partnership(s) and /or public agency(ies) owning property and /or
processing an entitlement application for property in the City or its Area
of Interest, while under contract with the City of Moorpark and for a one -
year time period following termination of this Agreement.
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 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 City.
D. At the time of 1) termination of this Agreement or 2) conclusion
of all work, all original plans, 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 City. Any word processing computer files
provided to City shall use IBM compatible, Microsoft Word for Windows
software.
Professional Services Agreement between
City of Moorpark and Planning Corporation Page 2000143
E. Consultant shall hold harmless, indemnify and defend City and
its officers, employees, servants and agents and independent contractors
who serve in the role of City Manager, Assistant City Manager, Assistant to
City Manager /City Clerk, 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 City, except such damage as is caused by
the sole negligence of City.
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 City, or the deposit with 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 City and its officers, employees, servants and agents and
independent contractors serving in the role of City Manager,
Assistant City Manager, Assistant to City Manager /City Clerk,
Deputy City Manager, 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, 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 insurance 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
Professional Services Agreement between
City of Moorpark and Planning Corporation Page 3
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Agreement is not protected by the workers' compensation law, Consultant
shall provide adequate insurance for the protection of such employees to
the satisfaction of 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 City identifies a discrepancy between the invoice amount and
the work tasks or products completed, City shall within fifteen (15)
workdays 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: City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Steve Craig
Planning Corporation
P.O. Box 20250
Santa Barbara, CA 93120
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 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 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
Professional Services Agreement between
City of Moorpark and Planning Corporation Pa90014S
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 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.
V. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Consultant overall
performance of the Agreement provisions herein above set forth and to
serve as principal liaison between City and Consultant shall be Steve
Craig, and no other individual may be substituted.
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.
VI. IMPLEMENTATION
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.
CC014G
Professional Services Agreement between
City of Moorpark and Planning Corporation Page 5
CITY OF MOORPARK:
BY
Steven Kueny, City Manager
ATTEST:
f0`A
Deborah S. Traffenstedt
City Clerk
BY
PLANNING CORPORATION:
Steve Craig, Principal
Exhibit A: Proposal Letter from Planning Corporation dated 9/22/2000
�0147
Professional Services Agreement between
City of Moorpark and Planning Corporation Page 6
Sent By: The Planning Corp;
805 472 9666;
PLANNING C
Sep -22 -00 1:13PM;
ON
Santa Barbara County
Post Office Box 20250
Santa Barbara, California 93120
(805) 680 -6166
Monterey County
Sapaque Valley Ranch
48491 Sapaque Valley Rc
Bradley, California 9342
(805) 472 -2266
(805) 472 -2421 (fax)
Email;
August le, 2000
Revised: September 22, 2000
To: Wayne Loftus, Director of Community Development
John Libiez, Planning Manager
From: Steve Craig
Re: West Pointe Homes Final EIR Deposit and Staff S
Approval/Agenda Report Preparation Deposit
The following estimate of expenses related to preparation
the purposes of obtaining a deposit from the applicant. T
to complete the Final EIR and general staff support desigr
related to the EIR, RPD, Tract Map and EIR mitigation rne,
staff support time for preparation of Agenda Reports, if so
from the applicant includes the City's standard overhead 1
Labor costs associated with the Final EIR process are
completion in the City of Moorpark,
EIR Finalization
and Conditions of
Page 2
the Final EIR has been prepared for
estimate includes services required
to ensure coordination of conditions
Tres. We have also included general
quested. The deposit to be obtained
markup on all consultant expenses,
ised on prior experiences with EIR
Based on our experience with this application, we anticipato that some potentially major changes
will need to be made to the following sections of the do ument The following activities are
included in these cost estimates: repagination and reprinfinj of the entire document, addition and
replacement of graphics, text changes, modifications in r ponse to comments, text changes
resulting from Screencheck Final review by City staff, and redistribution of the Final EIR
document are all anticipated in these costs.
Introduction, Summaries, Impact Matrix
Project Description
Environmental Setting
Land Use and Planning
Traffic Circulation and Parking
Air Quality
$ 1,000
$ 500
$ 200
$ ,000
$ ,500
$ 200
10300/48
Sent By: The Planning Corp; 805 472 9666; Sep -22 -00 1:14PM; Page 3
Page 2
Geology and Seismic Safety
Water Supply and Water Quality
Drainage, Hydrology and Flood Control
Biology and Botanical Resources
Public Services and Infrastructure
Aesthetics, Urban Design, Visual Resources
Insignificant Effects
Alternatives
Mitigation Monitoring /Other CEQA Sections
Graphics
Document Assembly and printing, covers
and duplication coordination
Response to Comments
Mitigation Monitoring /Other CEQA Sections
Graphics
Document Assembly and printing, covers
and duplication coordination
Subtotal Preparation of the Final EIR
$
$
$
$ 1,
$ 1,
$1,
$
$ 1,
$ 1,
$1,$00
$1,300
$2,500
$ 2, 00
$3,500
u00
$16[160
To permit staff to assign to the consultant the preparabo of conditions, cross - referencing of
mitigation measures and conditions, and to assist in the preparation of the Agenda Reports for
this project, we are recommending that 100 hours of time te funded. This deposit may also be
used for any general research needed to complete the Fina EIR. Time for this activity would be
billed at the contracted rate of $60.00 per hour.
Staff Assistance, Conditions of Approval,
and Agenda Reports (100 x $60.00)
Subtotal for Staff Support
li00:149
Sent By: The Planning Corp; 805 472 9666;
Page 3
Hearings and Meetings
We anticipate that four public hearings would be held for thi-
on our experience with this applicant, that a number of meet
cross -consultation necessary to Finalize the EIR and ensure
are consistent. We also anticipate a number of significant c
of which will need to be negotiated with the applicant. We a
meetings and hearings to complete this document. This wai
consistent with our contract with the City.
Subtotal for Hearings and Meetings
Estimate of Cost
This proposal represents an estimate of costs. The following
document is applicable to the Final EIR preparation;
"5.0 Offer
Sep -22 -00 1:14PM; Page 4/4
project We also anticipate, based
gs will be required to complete the
hat the document and staff reports
anges to the project description, all
Itcipate approximately 100 hours of
would be billed at $60.00 per hour
$6,000
in the contract for this
5.1 This statement of work constitutes The Planning rporadon proposed scope
of work and deliverables. It represents a firm oi for to provide the services
described on the time lines indicated on a cost rein bursable basis. Billings for
individual sections will be capped at not- to-exc d 20% of the estimates
provided. This offer is valid for a period of sixty (60) days from this date (August
24th, 1999).
5.2 Significant changes in the project description or u anticipated changes in the
Scope of Worts required by the Crry shall con titute grounds for contract
renegotiation."
This clause shall be interpreted as meaning that the total c at for EIR finalization, staff support,
hearings and meetings, shall not exceed 20% of the ove It amount of the Deposit requested
below. Based on this information, the applicant should depo it the following funds_
Subtotal for Preparation of the Final EIR $16150
Subtotal for Staff Support $ 6,000
Subtotal for Hearings and Meetings A 6.000
Total Consultant Cost $28J50
City Overhead (15°x6) $ 4,225
'total Deposit Required $ 32,375
Contingency $ 15,475
Total Contract Value $38,860
Please contact me if you have any questions.
Regards,
The lanning Corp on
Steve Craig, Presid t