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HomeMy WebLinkAboutAGENDA REPORT 1985 0805 CC REG ITEM 12IALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tem THOMAS C. FERGUSON Councllmember DANNY A. WOOLARD Councllmember LETA YANCY - SUTTON Councllmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer MOORPARK M E M O R A N D U M TO: The Honorable City Council cc FROM: Steven Kueny, City Manager; -'/� DATE: August 1, 1985 ITEM SUBJECT: Agreement with McClelland Engineering for CUP for Exploratory Oil /Gas Drilling - CUP 4502 (Sun Oil) BACKGROUND: STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The attached proposal from McClelland Engineering describes the services to be provided to process the proposed Conditional Use Permit and related environmental document. If it is determined that an EIR is required, additonal services and accompanying costs will be needed. The applicant has attempted to respond to the City's concerns identified in the proposal, and has submitted revised plans and data to possibly mitigate the need for an EIR. To permit processing of this project to proceed in an expeditious manner, the applicant has requested that the City engage McClelland Engineering to perform the necessary services. RECOMMENDED ACTION: Approve the contract with McClelland Engineering to provide staff services for the referenced project in the estimated amount of $8,632.00, and authorize the Mayor and City Clerk to sign the contract upon applicant's deposit of funds. SK: ddb attachment 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this day of August , 198 , between the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter referred to as "City ", and McCLELLAND ENGINEERS, INC. an independent contractor, hereinafter referred to as "CONTRACTOR" ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on , 198 5 , and will continue until stipulated services have been completed. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services Section 2.01. Contractor agrees to perform the services specified for processing a Conditional Use Permit for Exploratory Oil /Gas Drilling (Sun in the "Proposal for Services" attached to this agreement and Oil) designated as EXHIBIT "A ". Method of Performing Services Section 2.02. Contractor will determine the method, details and means of performing the above - described services. Responsible Employee in Charge Section 2.03. will serve as the employee of Contractor principally responsible for execution of the Contractor's obligations under this Agreement and shall serve as principal liason between City and Contractor. ARTICLE 3. COMPENSATION Amount of Compensation Section 3.01. As sole and complete consideration for the services to be performed by Contractor, City agrees to pay Contractor in accordance with EXHIBIT "A ". All costs are estimates not to be exceeded. Contractor's invoices to City shall include an itemization of expenditures as required by City. The City shall not pay any fee or reimburse any expense deemed by the Director of Community Develop- ment, at his sole discretion, to be unnecessary to the completion of the project in a competent and workmanlike manner. -1- I'avment of Compensation Section 3.02. Contractor ::!call submit to City a written statement of services rendered in accordance with the following payment schedule: -- Upon distribution of the Draft EIR for public review, 75% of actual costs incurred to date -- Upon delivery to the City of the Screen Check Final EIR, 75% of the outstanding costs to date -- Upon certification of the Final EIR, all remaining costs associated with the EIR -- Within 30 days of final action on the entitle- ment requests, all remaining costs associated with processing the entitlements City agrees to pay amount due to Contractor for services within thirty (30) days following receipt of said statements of services. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Non - exclusive Representation Section 4.01. Contractor agrees to devote the number of hours necessary to perform the above - described services in a competent and workmanlike manner. Contrctor may represent, perform services for, and be employed by, such companies and governmental entities as Con- tractor, in Contractor's sole discretion, sees fit, with the exception of any firm or individual which has an approved permit or land use entitlement from the City, has applied for such entitlement within the past twelve (12) months, or has such application or entitlement request pending, provided that such commitments entered into prior to the effective date of this contract may be fulfilled. Performance of On- Premises Services Section 4.02. Contractor agrees to perform any of the above - described services required to be performed on City's premises during City's regular business hours, unless otherwise mutually agreed by City and Contractor. Legal Responsibilities Section 4.03. Contractor shall secure, pay for and maintain in full force and effect for the duration of this agreement, any City business license which the City of Moorpark may require for the type of business activity Contractor will conduct hereunder. In addition, Contractor shall keep himself informed of, and shall comply with, all federal, state and local laws and regulations which in any manner affect his performance under this agreement. -2- Assignment Section 4.04. Neither this agrement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of City. ARTICLE 5. OBLIGATIONS OF CITY Cooperation of City Section 5.01. City agrees to comply with all reasonable requests of Contractor relative to, and to provide access to all documents reasonably necessary for, the performance of Contractor's duties under this agreement. Place of Work Section 5.02. City agrees to furnish space on the premises of City Hall for use by Contractor while performing any of the above - described services required to be performed on City's premises. ARTICLE 6. TERMINATION OF AGREEMENT Termination Upon Notice Section 6.01. The City may terminate this Agrement upon giving a twenty -four (24) hour written notice and the Contractor may terminate this Agreement upon giving thirty (30) days' written notice. In the event of such termination, Contractor shall be entitled to reimbursement for all fees and expenses incurred prior to the effective date of such notice. Termination Upon Assignment Section 6.02. Notwithstanding any other provision of this agreement, the agreement shall terminate automatically without prior notice upon the assignment of the agreement by the Contractor without the prior written consent of City. ARTICLE 7. GENERAL PROVISIONS Independent Contractor Section 7.01. Contractor is and at all times shall remain as to City a Wholly independent contractor. Contractor shall not, at any time or in any manner, represent that he is an officer, employee or agent of the City. Contractor shall comply with all applicable provisions of the Workers' Compensation jnsurance and Safety Acts and Labor Code of the State of California. Ownership of Documents Section 7.02. Upon completion of any writing required to be provided by Contractor in the course of performing any of the above - described services, or upon sooner termination of this agreement, -3- all original documents prepared by Contractor shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor. Hold Harmless Section 7.03. Contractor agrees to indemnify, save, keep and hold harmless City and all of its officers and employees from all claims, actions, suits, damages, costs or expenses in law or equity, including costs of suit and expenses for legal services, that may at any time arise or be set up because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any act on the part of Contractor in regard to any function or activity carried out by contractor on behalf of City pur- suant to the terms of this agreement. Notices Section 7.04. Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing, or by certified mail, postage prepaid, return receipt re- quested. Mailed notices shall be addressed to the City in care of the City Manager, 799 Moorpark Avenue, Moorpark, California 93021 and to Contactor at 2140 Eastman Avenue, Ventura, California 93003 however, each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the second (2nd) day after mailing. Entire Aqreement of the Parties Section 7.05. This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to City and contains all of the covenants and agreements between the parties.:wi.th respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not con- tained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. Governing Law Section 7.06. This agreement'shall be governed by and con- strued in accordance with the laws of the State of California. Attorney's Fees Section 7.07. Should either ;.)arty action or proceeding of any nature whatsoever equity, or otherwise to enforce any provision -4- hereto institute any in a court of law, of this agreement or for a declaration of such party's rights or obligations hereunder or for any other remedy, the prevailing party shall be entitled to receive from the losing party its costs, including such amount as the Court or arbitration panel may adjudge to be reasonable attorney's fees for the services rendered the party finally prevailing in any such action or proceeding. Unless judgment goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse the prevailing party for all its /their attorney's fees actually incurred in good faith, regardless of the amount of such judgment, it being the intention of the parties to fully compensate the prevailing party for all attorney's fees paid or incurred in good faith. Venue Section 7.08. This agreement i's made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the inter- pretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. City's Agent Section 7.09. The Moorpark Director of Community Develop- ment shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this agreement and shall be the City's agent with respect to review, coordination, and approval of the services to be performed by the Contractor. EXECUTED in duplicate at Moorpark, California, on the date and year first hereinabove written. McCLELLAND ENGINEERS, INC. (Name of Contractor) By Title And by Title C O N T R A C T O R (Notarial Certificates attached) CITY OF MOORPARK, CALIFORNIA a municipal corporation 7 Its Mayor ATTEST: City Clerk C I T Y -5- (SEAL) McClelland engineers,inc./environmental services 2140 Eastman Avenue, Ventura, California 93003, Tel. (805) 644 -5535, Telex 659 -241, Telecopier (805) 642 -4791 Niall Fritz Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Proposal to Provide Contract Planning Services for Processing a Conditional Use Permit for Exploratory Oil /Gas Drilling (Sun Oil) Dear Niall: June 25, 1985 We are pleased to submit this proposal to the City of Moorpark to provide planning services for processing Conditional Use Permit No. 4502. To process this entitlement, we will provide a land use planner to work under the supervision of the Director of Community Develop- ment. This person will be responsible for the coordination of the permit processing with the appropriate city and county departments, applicant, and public; preparation of the initial study for the environmental document on the project; and preparation of all legal notices required for the environmental document and permit, the conditions of approval for the permit and required staff reports. In addition, he will be available to meet with the applicant, other agencies, and the general public as determined to be needed by the Director, as well as to attend all public hearings on the project. ,Our staff planner, Steve Rodriquez, will be available to the City of Moorpark on a time and expenses basis at a rate of $48 per hour. He will be directly supervised by Julie Bulla Hunt, at a rate of $55 per hour. Because the amount of time that either individual will devote to processing the permit will be determined by the City's needs, a precise cost estimate is not possible. However, we recommend that 160 person -hours be budgeted, with 85 of that time allocated to Mr. Rodriquez, and 15 percent to Mrs. Hunt (160 hrs x .85 @ $48 = $6,528; 160 hrs x .15 @ $55 = $1,320 for a total of $7,848), plus an additional 10 percent for expenses ($784). Using EXH[BIT A ANCHORAGE • DALLAS • HOUSTON • LITTLE ROCK • LOS ANGELES • NEW ORLEANS • SAN DIEGO • SAN FRANCISCO ST. LOUIS • VENTURA • DAMMAM • DUBAI • HALIFAX • JAKARTA • LONDON • SINGAPORE City of Moorpark June 25, 1985 Niall Fritz Page 2 this preliminary assumption, we would not exceed a total cost for permit processing of $8,632 without prior written authorization from the city. We will also notify you immediately should charges to this component reach 80 percent of $8,632, or $6,906. Included within the above costs will be the preparation of an initial study for the environmental document determined by the City to adequately address the impacts of the exploratory project. Based on an initial review of the impacts of the project, identified below, the Director of Community Development has determined that an Environmental Impact Report (EIR) should be prepared. However, if conditions can be identified that will mitigate these impacts to an acceptable level, a Mitigated Negative Declaration (MND) will be prepared. The environmental document prepared for the project will focus on the following potential significant impacts: 1. Inconsistency with the Moorpark General Plan (Land Use Element) - the Plan discourages the grading of hillsides and ridgelines (Physical Environment /Hazard Areas and Visual /Cultural Policies 1 and 3, respectively). The Plan also specifically prohibits the location of drill sites on a ridge or prominent knoll, and discourages flaring except in emergencies or for testing: (Oil Development Poli- cies 2 and 6). The proposed drill site is to be located on a ridgeline visible from the northeast portion of the city, and would require a significant amount of grading for the drilling pad and access road. The applicant has also indicated that flaring would occur on a daily basis. 2. Flooding, biological resource, and erosion impacts from the location of the access road to the drill site across the Arroyo Simi. In addition, the location of the drill- ing pad may result in erosion of the adjacent hillside due to sheet flow. The flooding and erosion impacts have been identified as potentially significant by the County Flood Control District. 3. Visual impact of the location of the drill site on a ridgetop, and significant grading of the drilling pad and access road. 4. Potential noise impacts from drilling operations on residential development to the north (due to the distance between the drill site and the nearest housing tracts, it is likely this impact will not be significant, but to date no investigation has been conducted). City of Moorpark Niall Fritz 5. C0 Light and glare caused by flaring the site at night.. June 25, 1985 Page 3 impacts on development within Moorpark at the drill site, and illumination of Air quality impacts of exploratory drilling and production operations. 7. Cumulative impacts resulting from the drilling and produc- tion of a total of four wells by the project applicant, if the exploratory well is successful, in conjunction with other wells proposed in the unincorporated area of the project vicinity (to date, only one additional well has been proposed in the unincorporated area, in the general vicinity of the subject permit). In addition to preparation of an initial study for either an EIR or MND, our fee includes either the development of a detailed scope of work, which identifies the issues to be addressed in an EIR (if one is required), or preparation of an MND. We will provide you with our costs for preparation of the EIR at the time the scope of work is completed. The rate and costs presented above will remain in effect for 60 days from the date of this proposal. Attached is a copy of our general conditions (Schedule 40.01). In particular, your attention is directed to Paragraph 4 of this schedule, which explains our policy regarding liability. Please note that you have the option to waive this limitation to our professional liability. If you have any questions regarding this proposal, please call Mrs. Hunt at (805) 644 -5535. We look forward to working with you on this project. Very truly yours, McCLELLAND ENGINEERS, INC. L' UJ , Mel Willis Program Manager Planning and Environmental Services MRW /JBH:dc Job No. 0585 -9058