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Home My WebLink AboutAG RPTS 2009 0121 RDA REGsPMEAIt�� n � ESTABLISHED * MAM 10.1Mi' # �IfORNaa qP� Resolution No. 2009 -206 noFV� MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, JANUARY 21, 2009 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Regular Meeting of December 17, 2008. Staff Recommendation: Approve the minutes. B. Consider Exclusive Neaotiatina Aareement Between the Redevelopment Aaencv of the Citv of MoorDark and Aszkenazv DevelODment, Inc. Staff Recommendation: Approve Exclusive Negotiating Agreement, subject to final language approval by the Executive Director and Agency General Counsel. (Staff: David Moe) C. Consider First Amendment to the Design and Enaineerina Aareement Between the RedevelODment Aaencv of the Citv of Moorpark and CVE Engineering. Staff Recommendation: Authorize the Executive Director of the Redevelopment Agency to execute the First Amendment of the Design and Engineering Agreement between the Agency and CVE Engineering, subject to final language approval by the Executive Director and Agency General Counsel. (Staff: David Moe) Redevelopment Agency Agenda January 21, 2009 Page 2 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number-of cases to be discussed - 4) 7, ADJOURNMENT: All writings and documents provided to the majority of the Agency regarding all open- session agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Redevelopment Agency meetings is also available on the City's website at www.ci.moorpark.ca.us. Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). Redevelopment Agency Agenda January 21, 2009 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, January 21, 2009, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 16, 2009, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 16, 2009. Maureen Benson, Assistant City Clerk 1'. • ITEM - ',- M -WUTES OF THE REDEVELOPMENT AGENCY Moorpark, California December 17, 2008 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on December 17, 2008, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Parvin called the meeting to order at 7:39 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to approve the Consent Calendar The motion carried by unanimous roll call vote. A. Consider Minutes of Special Meeting of December 3, 2008. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of December 3, 2008. Staff Recommendation: Approve the minutes. C. Consider Plans and Specifications and Authorization to Advertise for Bids for the Construction of a Public Parking Lot; Relocation of the Walnut Canvon Flood Channel; Post Office Access Road: and High Street Resurfacing. Staff Recommendation: 1) Approve the project as outlined in the agenda report; 2) Rescind October 1, 2008, authorization for a sole source purchase of storm water pipe from Rinker Materials; 3) Approve 4 1.,. 0001 Minutes of the Redevelopment Agency Moorpark, California Page 2 December 17, 2008 the plans and specifications for the project and authorize staff to advertise for bids; and 4) Authorize staff to purchase the required storm water pipe after advertising and receiving sealed bids. D. Consider Resolution Amending Fiscal Year 2008/09 Budget by Reducing the Appropriations of Capital Improvement Projects 5032 — Property Acquisition /Rehabilitation and 5036 —Mixed Income Residential Housing. Staff Recommendation: Adopt Resolution No. 2008 -205. ROLL CALL VOTE REQUIRED 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 7:40 p.m. Janice S. Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary i. a�,.ROO9 ITEM sir. , y�..�......:., MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager DATE: January 9, 2009 (Agency Meeting of 1121/09) 5.8. Subject: Consider Approving Exclusive Negotiating Agreement Between the Redevelopment Agency of the City of Moorpark and Aszkenazy Development, Inc. BACKGROUND & DISCUSSION The Redevelopment Agency of the City of Moorpark ( "Agency ") acquired a 2.34 acre site, generally located on the south side of High Street between Moorpark Avenue and the north Metrolink parking lot ( "Property "), from the Ventura County Transportation Commission on August 8, 1993, at a cost of $393,451.34. This Property was part of a 4.77 acre purchase for $800,000.00. Since the acquisition, the Property has been leased to a variety of commercial tenants. On March 1, 2000, the Agency disseminated a Request for Qualifications (RFQ) in a search to identify a developer that specializes in downtown development. The Agency received three responses to the RFQ, none of which met the desired qualifications. The Agency did not enter into negotiations with any of the responders of the RFQ. On May 7, 2004, the Agency issued a Request for Proposals (RFP) for redeveloping the Property. Two developers responded to the RFP, but only Aszkenazy Development, Inc. ( "Developer ") submitted a responsive proposal. A proposed Disposition and Development Agreement ( "DDA ") was on the Agency's November 19, 2008 agenda; however, the Agency Board continued the item until December 3, 2008, at the request of staff. On December 3, 2008, the Agency Board removed the proposed DDA from the agenda calendar and directed staff to work with the City of Moorpark to conduct a CEQA review of the proposed project prior to considering the DDA. CEQA review of the proposed project is underway. Consultants are researching potential impacts the project may have on adjacent properties in the areas of noise, traffic and soil contamination. All the information needed to complete the initial study shall be gathered in the next few months. Honorable Agency Board of Directors January 21, 2009 Page. 2 The Developer has requested that the Agency does not consider any other development proposals or conduct negotiations with any other parties while the CEQA review is conducted. The Agency has prepared an Exclusive Negotiating Agreement CENA ") between the Agency and the Developer (Exhibit A). The ENA will secure the Developer's interest in negotiating a DDA on the Property for a period of six (6) months. During the term of the ENA, the Agency is restricted from discussion or considering any development proposal for the Property. Staff is recommending approval of the ENA to demonstrate the Agency's commitment to further negotiations with the Developer. FISCAL IMPACT The fiscal impact of the ENA is minimal (staff time only) and will be absorbed in the 2008/09 fiscal budget. STAFF RECOMMENDATION Approve Exclusive Negotiating Agreement subject to final language approval by the Executive Director and Agency General Counsel. EXHIBIT "A" Exclusive Negotiating Agreement 00( )4 EXHIBIT A EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT, (this "Agreement ") made and entered into this day of , 200_, between the Redevelopment Agency of the City of Moorpark, a municipal corporation, hereafter referred to as "AGENCY" and Aszkenazy Development, Inc. hereinafter referred to as "DEVELOPER ". WITNESSETH: WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, the AGENCY intends to undertake a program for the removal and rehabilitation of blighted areas in the downtown area of Moorpark, California; and WHEREAS, DEVELOPER is desirous of negotiating for a contract to purchase and develop property in the Moorpark Redevelopment Project Area for commercial purposes; and WHEREAS, the AGENCY desires to conduct an environmental review under the California Environmental Quality Act (CEQA) of the proposed redevelopment project prior to entering into a Disposition and Development Agreement with DEVELOPER. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. AGENCY will conduct an environmental review under the California Environmental Quality Act (CEQA) of the proposed redevelopment project prior to entering into a Disposition and Development Agreement with DEVELOPER. 2. AGENCY and DEVELOPER shall cooperatively seek to develop a plan whereby the DEVELOPER may purchase real property necessary for the proposed development as shown on Exhibit "A" ( "REAL PROPERTY "). 3. During the period from the date this Agreement is signed, until six (6) months after that date, ( "Negotiation Period ") AGENCY and DEVELOPER shall seek, in good faith, to negotiate a Disposition and Development Agreement (hereinafter referred to as "DDA ") for the sale and development of said REAL PROPERTY. Such DDA shall provide for the AGENCY to sell REAL PROPERTY to the DEVELOPER for a price and on terms and conditions to be determined by the parties during the Negotiation Period, subject to verification of property value by an AGENCY selected real estate appraiser. �'`.100U5 4. The AGENCY shall not negotiate regarding REAL PROPERTY or any portion thereof with any person or entity other than DEVELOPER during the Negotiating Period, provided DEVELOPER is pursuing its obligations under this Agreement with reasonable due diligence. If a mutually satisfactory DDA has not been negotiated and executed by DEVELOPER prior to the end of the Negotiating Period, DEVELOPER may exercise its right to one (1) extension of this Agreement which shall be of no more than sixty (60) days, during which time negotiations may include a mutually agreed extension of this Agreement. At the end of the sixty day extension, this Agreement, if not extended by mutual consent, shall automatically terminate and neither party shall have any further obligations to the other party under this Agreement, except for those terms and conditions that expressly survive termination as set forth below. 5. Upon execution of this Agreement, DEVELOPER hereby stands ready to proceed diligently and in good faith with its obligations under this Agreement. 6. By its execution of this Agreement, the AGENCY is not committing itself to or agreeing to undertake: (a) any disposition of land to the DEVELOPER; (b) any DDA with DEVELOPER; or (c) any other acts or activities requiring the subsequent independent exercise of discretion by the AGENCY, the City of Moorpark or any agency or department thereof. This Agreement does not constitute a disposition of property or exercise of control over property owned by the AGENCY or the City of Moorpark and does not require a public hearing. Execution of this Agreement by the AGENCY is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the AGENCY and City of Moorpark as to any DDA and all proceedings and decisions in connection therewith. 7. The AGENCY shall not be liable for any real estate commissions or brokerage fees which may arise herefrom. The AGENCY and DEVELOPER each represent that it has engaged no other broker, agency or finder in connection with this transaction. 8. 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: Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Attention: Steven Kueny, Executive Director �'�100(16 To: Severyn Aszkenazy Aszkenazy Development, Inc. 601 S. Brand Blvd., 3rd Floor San Fernando, CA 91340 Either party may, from time to time, by written notice to the other, designate a different address, which shall be substituted for the one above specified. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. 9. DEVELOPER agrees to indemnify, protect, defend, and hold harmless the City of Moorpark, the Redevelopment Agency of the City of Moorpark, and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent they are caused in whole or in part by any negligent or wrongful act, error or omission of DEVELOPER, its officers, agents, employees or sub - consultants in the performance of this Agreement. DEVELOPER agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, contractor, subcontractor, or any other person or entity involved by, for, with, or on behalf of DEVELOPER in the performance of this Agreement. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of DEVELOPER and shall survive the termination of this Agreement. AGENCY does not and shall not waive any rights that it may have against DEVELOPER by reason of this Section, because of the acceptance by AGENCY, or the deposit with AGENCY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs and expenses described in this Agreement. i."(.000'7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK DEVELOPER By Steven Kueny Executive Director Date Exhibit A — Map of Property By Severyn Aszkenazy President Date } ��)O0ci8 C C EXHIBIT A ITEM �r MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager Date: January 12, 2009 (Agency Meeting of 1/21/09) Subject: Consider First Amendment to the Design and Engineering Agreement Between the Redevelopment Agency of the City of Moorpark and CVE Engineering BACKGROUND The Postal Service has started construction on the new downtown post office with the grand opening scheduled for Summer, 2009. In order to help facilitate the construction of the post office and make it financially feasible, the Agency entered into a Design and Engineering Agreement with CVE Engineering ( "Agreement ") on September 26, 2008. Design and engineering services in the Agreement include resurfacing High Street; constructing a public parking lot east of the post office; relocating a portion of the Walnut Canyon Channel; and providing driveway access to the west parking lot of the new post office building. On August 20, 2008, the Agency amended the fiscal year 2008/09 budget to include funds in the amount of $78,000.00 from MRA Area — 1 Operations Fund to finance the Agreement. DISCUSSION Staff is working with CVE Engineering to finalize design plans relevant to the Walnut Canyon Channel. The Ventura County Watershed Protection District ( "VCWPD ") has not issued the needed encroachment permit to relocate and cover the Walnut Canyon Channel after several submittals. After each submittal, VCWPD requires new changes to the design, which have required the project to be redesigned several times. The additional design work requested by VCWPD is not included in the Agreement. Therefore, the Agency needs to authorize CVE Engineering to conduct additional work to complete the design of the Walnut Canyon Channel in accordance with VCWPD. Exhibit "A" is an amendment to the Agreement not to exceed $49,113.00. A second amendment and appropriation of funds will be needed as the VCWPD has again requested further � �)0 010 Honorable Agency Board of Directors January 21, 2009 Page 2 changes to the design. The second agreement will be brought before the Agency for consideration at a later date. FISCAL IMPACT A budget amendment is not needed for the First Amendment to the Agreement. The additional $49,113.00 needed for additional services can be absorbed within the existing budget. STAFF RECOMMENDATION Authorize the Executive Director of the Redevelopment Agency to execute the First Amendment of the Design and Engineering Agreement between the Agency and CVE Engineering, subject to final language approval by Executive Director and Agency Counsel. EXHIBIT "A" First Amendment )00:11 EXHIBIT A FIRST AMENDMENT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND CVE ENGINEERING, INC. FOR ENGINEERING SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ( "First Amendment "), is made and entered into this day of , 200 ,("the Effective Date ") between the Redevelopment Agency of the City of Moorpark, hereinafter referred to as "AGENCY ", and CVE Engineering, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, September 22, 2008, the AGENCY and the CONSULTANT entered into an Agreement for Professional Consulting Services; and WHEREAS, the following additional services, not covered by the original Professional Services Agreement, are requested by the AGENCY: 1. Redesign of the Walnut Canyon Channel Improvements to secure Ventura County Watershed Protection District approval; and 2. Additional services shall not exceed $49,113. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: AGENCY does hereby appoint CONSULTANT in a contractual capacity to perform the services in accordance with the terms and conditions hereinafter set forth in Exhibit "A ", CONSULTANT'S Proposal, with the authorities, and responsibility ordinarily granted to this type of consultant work. All other terms and conditions of the original agreement shall remain in full force and effect. Page 1 of 2 o , �e0012 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Steven Kueny Executive Director Date: ATTEST: Deborah S. Traffenstedt, Agency Secretary CONSULTANT m Date: John E. Tracy President Page 2 of 2 0013 EXHIBIT (Documentation Attached) 00014 CVE ENGINEERING, INC. Civil, Structural & Design Engineering - Land Surveying P. O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 / (805) 496 -1653 / e -mail: cve @gte.net CLIENT City of Moorpark Attention: Mr. David Moe 799 Moorpark Avenue Moorpark, CA 93021 805) 517 -6217 O / (805) 532 -2530 F INVOICE # 121208- C01 -02 Page(s): ONE of TWO CVE Work Order # 2008 -3181 I P 02 DATE: 121208 Additional Work outside of CVE 3181 Contract PROJECT.".. Proposed Post. office Post Office Site Legal Description & Exhibit High Street, Moorpark, CA Enaineerina / Survev Charaes DATE HOURS ' SERVICES AMOUNT TOTAL 09 30 08 . 2 Change Order # 01 FRL /JET -Meet with Post Office Architect & $240.00 $480.00 Postmaster Contractor & Mr. H. Riley, Mr. D. Moe & Mr. Y. Lail, from the City of Moorpark to review overall project 10 03 08 0.5 FRL- Telephone conversation with Contractor $120.00 $60.00 & Architect 10 03 08 1 FRL- Prepare PDF & CAD files of Plans $120.00 $120.00 10 20 08 5.5 FRL/EC -Raise Parking Lot 2 ft. P.O. $120.00 $660.00 Elevation 512.00 11 1208 1 FRL -Meet with Mr. Y. Lail, City of Moorpark and $240.00 $240.00 RJR Engineering @ City of Moorpark to review status of project 12 02 08 8 FRL - Redesign Parking Lot $120.00 $960.00 12 03 08 2 FRL - Review Landscape & Irrigation Plans $120.00 $240.00 12 03 08 6 FRL- Prepare Grading, Paving & Drainage Design $120.00 $720.00 12 04 08 1 FRL - Prepare Grading, Paving & Drainage Design $120.00 $120.00 12 05 08 0.5 FRL - Review CAD Design & Revisions $120.00 $60..00 12 06 08 2 FRL- Prepare Design of Street & Parking Lot $120.00 $240.00 12 07 08 4 FRL- Prepare Design of Street & Parking Lot $120.00 $480.00 12 08 08 1.5 FRL /JET /MEL -Meet with Mr. Y. Lail, City Engineer, $360.00 $540.00 City of Moorpark to review Plans 12 08 08 2 FRL- Revise Plans per request of Mr. Y. Lail, $120.00 $240.00 City Engineer Subtotal Page Ones $5,160.00 J PLEASE NOTE: Invoices are due and payable within 30 days. There will be an 18% Annum Interest added to all unDaid Balances after 30 days. COMMENTS Thank you for selecting CVE Engineering, Inc. for your engineering and surveying services. It is appreciated. ')0015 CVE ENGINEERING, INC. Civil, Structural & Design Engineering - Land Surveying P. O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 / (805) 496 -1653 / e -mail: cve @gte.net INVOICE Page(s): TWO of TWO Engineering Charges DATE ITEM SERVICES AMOUNT TOTAL CAD Charges 11 1408 4 JP- Grading Plan, High Street Post Office $120.00 $480.00 11 3008 4 JP- Grading Plan, High Street Post Office $120.00 $480.00 11 3008 5 JP- Landscaping Plan, High Street Post Office $120.00 $600.00 1201 08 4 JP- irrigation Plan, High Street Post Office $120.00 $480.00 12 02 08 2 JP- Irrigation Plan, High Street Post Office $120.00 $240.00 Subtotal $2g280.00 Subtotal from Page One $5,160.00 Total Engineering Charge $71"0.00 PLEASE NOTE Invoices are due and payable within 30 days. INVOICE TOTAL 40.00 $7 4 There will be an 18% Annum Interest added to all unpaid Balances after 30 days. COMMENTS Thank you for selecting CVE En ineenn , inc. for your engineering and surveying services. It is appreciated. _ October 15, 2008 Project No. 1487.60 CITY OF MOORPARK c/o CVE ENGINEERING, INC. P.O. Box 7208 Thousand Oaks, California 91360 Attention: Ms. Mary Lussier, Project Director Subject: CHANGE ORDER REQUEST PROPOSED WALNUT CANYON CHANNEL IMPROVEMENTS CASEY ROAD/ HIGH STREET MOORPARK, CALIFORNIA Dear Ms. Lussier: Civi Engineering 1_dnd Planning fZi*Vjt',J o�r' "" F-`ood Control Engineering Ge;?iogy," ;ei mic Hazards P -S -Ab c Wojrks Services ')Lorry" ,Nester Management RJR Engineering Group (RJR) has prepared this letter in response to recent design work for the proposed High Street storm drain. R Tu i *niti? 1_1y r roposed a scope of work that envisioned performing a storm drain design, hydrology report and geotechnical report for the storm drain. However, in the design process, complications arose that have involved spending additional time. These tasks include: 1. Re- Alignment of the designed pipe to accommodate the proposed property lines. This required the storm drain to be re- designed, stationing re- calculated, hydraulics re- performed and the plans re- drafted. 2. Due to the restricted number of manufacturers, researched additional companies, and worked with the pipe manufacturer to obtain structural design information, joint details, d -load information, cost estimates and credit applications and manufacturing data for the pipe. 1 e X10 (11'7 05.650.5123 ,} 5 1 •-., i' C' { l :-:; j' .-. i i t,[ t ; _ ; �. r' i' -• �l t � �� '�,- [' �'i , ^. t / � r. - J-., :. � �' � . .1 ,' /+ ,.? �.•i. (.:. )i1 .. ,'�� }.i�i�� .!.. /'1 �. �IC� l_ i i�_� ...rjreng.rom .J i Y : i ' 3. Extensive County issues arose surrounding issues with an understanding of the hydrology due to the complex history as well pipe design issues and site constraints. In response to the County misunderstandings and review, RJR prepared: a. Additional maps and calculations to address additional hydrology exhibits and explanations b. Additional hand calculations for d- loads, despite using the County's tables which were recommended by the County design section c. Provide air entrainment calculations for curved sections of pipes d. Provide a series of additional hydrology calculations assessing box culverts, larger pipes, various alignment configurations, changes in junction structure alignments, and changes in pipe outlets and transitions structures. e. Prepare emails and letters summarizing the analysis in sub items a thru d. f. Prepare revised Moorpark Drain #1 designs to accommodate capacity issues. g. Prepared extensive communications and discussions with the City and County. As a result of these extra tasks, RJR has incurred an additional hours. These hours are presently total approximately 102 hours and a total of $10,710 that are considered outside the agreed upon contract. These issues and additional time was unavoidable and RJR has worked with City and made every effort possible to avoid any additional hours or costs. We have notified the City of the additional costs and discussed this issue with them including spending nearly the entire week with 2 people working on every option possible and responding to the County. Should you have questions regarding this project please contact our office. i; <)10018 City Change Order Request Page: 2 Sincerely: RJR ENGINEERING GROUP Robert W. Anderson Principal Engineer s :,1OI)19 City Change Order Request Page: 3 INVOICE From: RJR ENGINEERING GROUP Date:. October 26, 2008 P.O. Box 3398 Project: 1487.70 Ventura, California 93006 Invoice No. 5719 (805) 477 -1038 (805) 650 -5123 (FAX) To: CITY OF MOORPARK c/o CVE ENGINEERING P.O. Box 7208 Thousand Oaks, California 91360 Project: CIVIL ENGINEERING SERVICES - PROG #3 Billing Period: CO 1 High Street Post Office Storm Drain Design Terms: Net 10 Days 1.0. CHANGE ORDER #1 Prin $170.00 $0.00 - Outline in the October 15, 2008 CO 1 i Senior $125.00 $0.00 Request 102.00 Project $105.00 $10,710.00 Staff $90.00 $0.00 Draftsman $65.00 $0.00 Technician $55.00 $0.00 100% i T &M $0.00 $0.00 $10,710.00 4 2.0. REPRODUCTION 178.00 Copies $0.15 $45.00 i ' Binders $15.00 ! $5.00 CD i nn nn $ .vv Admin. $45.00 $ I 67.50 Vellums $7.00 $0.00 16 Bonds $5.00 $50.00 - T &M t $337.00 $168.50 $168.50 I $10,878.50 W)00210 October 23, 2008 Project No. 1487.60 CITY OF MOORPARK c/o CVE ENGINEERING, INC. P.O. !3c�; 7208 Thousand Oaks, California 91360 Attention: Ms. Mary Lussier, Project Director Subject: CHANGE ORDER REQUEST #2 PROPOSED WALNUT CANYON CHANNEL IMPROVEMENTS CASEY ROAD/ HIGH STREET MOORPARK, CALIFORNIA Dear Ms. Lussier: Civil Engineering Land Planning Hydrology /Flood Control Geotechnical Engineering Geology /Seismic Hazards Public Works Services Storm Water Management RJR Engineering Group (RJR) has prepared this letter in response to recent design work for the proposed High Street storm drain. As a result of the County's refusal to accept the proposed design, the City of Moorpark and RJR have decided that it will be necessary to evaluate alternatives. It is important to note that RJR and the City Engineer have pursued every opportunity and shown the County that the design adhere strictly to the County Code and specifications. However, the County has refused to accept the designs. As a result, in coordination with the City Engineer, RJR has initiated new storm drain design. This has included determining street designs that are compatible with the storm drain options. At this time.. RJR cannot estimate the design, and all work will be performed on a "time and materials" basis. w 1% ;:r; �`'.: j'.,.`50.5125 j f: 805.650.5123 =i�' �, `7.7 ��i'iS�,i.. •;,, + f. C- �; 5:. �. ., .: ^n , ) ' -L��.{l� ;r - ?1.0256 ( www.rjreng.com Should you have questions regarding this project please contact our office. Sincerely: RJR ENGINEERING GROUP Robert W. Anderson Principal Engineer 022 City Change Order Request Page: 2 INVOICE From: RJR ENGINEERING GROUP Date: November 8, 2008 N.O. Box 3398 Project: 1=87.70 Ventura, California 93006 Invoice No. 5724 (805) 47 7-1038 (805) 650 -5123 (FAX) To: CITY OF MOORPARK c/o CVE ENGINEERING P.O. Box 7208 Thousand Oaks, California 91360 Project:CIN "IL ENGINEERING SERVICES - PROG #4 Billing Period: CO 2 High Street Post Office Storm Drain Design Terms: Net 10 Days Approved for Payment by: Date: From: RJR ENGINEERING GROUP P.O. Box 3398 Ventura, California 93006 (805) 477 -1038 (805) 650 -5123 (FAX) To: CITY OF MOORPARK c/o CVE ENGINEERING P.O. Box 7208 Thousand Oaks, California 91360 Project: CIVIL ENGINEERING SERVICES - CO 2 High Street Post Office Storm Drain Design 1.0. CHANGE ORDER #2 - IN PROGRESS - Outlined in CO 2 - Storm Drain, Street ! i Plans and Grading Plans, Revise WSPG for County Final Runs; Quantity Estimates and Cost Estimates i I ! i i ! T& M INVOICE Date: December 3, 2008 Project: 1487.70 Invoice No. 5746 Billing Period: CO 2 Terms: Net 10 Days $12,570.00 0 0 4 3.50 Prin j $170.00 $595.00 40.00 Senior ! $125.00 $5,000.00 51.00 Project + I $105.00 $5,355.00 18.00 1 Staff $90.00 $1,620.00 ' Draftsman I ! $ 65.00 i $0.00 Technician! $55.00 $0.00 $12,570.00 0 0 4