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HomeMy WebLinkAboutAGENDA REPORT 1986 0721 CC REG ITEM 10BJAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer 040 FR OM : DATE : SUBJECT : MOORPARK ITEM ! o MEMORANDUM The Honorable City Council Steven Kueny, City Manager July 16, 1986 STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Modification to Contract with McClelland Engineers for Planning Services for PD -1014 On April 21, 1986, the City Council, by a consent calendar item, approved a contract with McClelland Engineers to prepare a draft EIR and perform permit processing services for PD 1014 (Palmer). They have subsequently requested two changes to the contract approved by the City Council. The changes are as follows: 1) Clarification of Section 4.01, concerning their ability to provide certain services to potential applicants for City of Moorpark land use entitlements as long as it does not require McClelland Engineers staff to provide testimony at City hearings; and 2) Modification of the Payment of Compensation to A) Provide for payment of 90% of the cost for the draft EIR upon distribution of the document and the remaining loo upon authorization to prepare the final EIR with a similar 90/10 split for preparation of the final EIR and B) Clarification of the monthly statements and maximum amount chargeable for the processing of the permit. A copy of the proposed changes is attached. RECOMMENDATION Approve the contract revisions as submitted ��.a_c�rrq�xpRl� Mayor to execute the revised contract. b'Aeei ng f Vf3 799 Moorpark Avenue Moorpark, California 9=TiON: (805) 529 -6864 Contractor's invoic'CS to City shall include an itemization of expenditures as required by City. The City shall not pay any fee or reimburse any expanse deemed by the Director of Community Development, at his sole discretion, to be unnecessary to the completion of the project in a competent and workmanlike manner. Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered at the times specified pursuant to EXHIBIT B entitled Payment of Compensation,,. attached hereto and made a part hereof. City agrees to pay amount due to Contractor for services within thirty (30) days following receipt of said statements of services. QQ J J \r e- � ARTICLE 4. OBLIGATIONS OF CONTRACTOR S ev�� %c C 5 ��, 4 AV0),C CG1A "AVrI[�DV S Non - exclusive Representation �e s �'�'D�Y \°"(Dv C ly �qv . A95 6 i t1n` N� L Section 4.01. Con ctor agrees to devote the num er �d�' of hours necessary to perfo the above - described services in a competent and workmanlike manner. Contractor may represent, perform services for, and e employed by, such companies and governmental entities as Contractor, in Contractor's sole discretion, sees fit, with the exception of any firm or individual which ha a c� ,o, v oN ee has applied for -� enti`l�ement within the past twelve (12) months, or has such application or entitlements 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 regulat101,1_1 which in any manner affect his performance under this agreement. -2- >b 1� EXHIB IT B PAYMENT OF COMPENSATION 1. Environmental Impact Report Upon distributionof the Draft EIR for pu iew, 75% of actual costs incur o date ate B. Upon deliv t City of the Screen Check Final E o outstanding costs to date Upon certification of the Fina R , all remaining costs associated with the 2. Permit Processing Contractor may submit to City a written statement of services rendered at the end of each month during which services are performed. X � � � ►a � s do. o o w NTH buT T E- -PR LA- rt 12 Z R 71 o d C- P-Ev I -vv 9 c) 3'0 J ?> . U P OIJ Cam-(' 4 1 f.��� �l � �- �1.� ti�� ►J G �U C) L {�� � v g ►tit ���� o � �"� ��� � 1 � � ��-T- � J C� �i� �� fi=t ►J��� �-1, � C��� . � 1 C-1 ��� 1.� a� 1E1 � %���_ EXHIB IT B PAYMENT OF COMPENSATION 1. Environmental Impact Report A. Upon distributionof the Draft EIR for public review, 75% of actual costs incurred to date B. Upon delivery to the City of the Screen Check Final EIR,'' 75% of the outstanding costs to date C. Upon certification of the Final EIR, all remaining costs associated with the EIR City agrees to pay amount due to Contractor for services within thirty (30) days following receipt of said statements of services. 2. Permit Processing Contractor may submit to City a written statement of services rendered at the end of each month during which services are performed. 1. 2. �- ►� -� CPA�.vt, r - • a Y •,1•.r looms EX H I B I T B %,' ' a G 1 -Ju PAYMENT OF COMPENSATION Environmental Impact Report Upon distributionof the Draft EIR for publit tw,view, 75% of actual costs incur o date B. Upon deliv t ity of the Screen Check Final E o outstanding costs to date Upon certification of the Fina R , all remaining costs associated with the Permit Processing Contractor may submit to City- a written statement of services rendered at the end of each month during which services are performed. -Tv P^ Avtov o-F e U E -Co �� sV C� F-4zQ !.T TC-- 4E7�-3 e °F A . OPO U of C� jZ Fc:v- QVsk-Ac- rEV1 -=,-Vj� 9 d io �FT7� Gc C- 1 ►J G to °ice o C,co s—r CI -T-`) c� G D . l� �IJ Ck� TZ F l C,�T1c�� � �l ►J'� �1 � .��_ �'-�c 1�J�f-�I ►J � ►J C� CST � ASs c�c�,� � b c�J - TiA1►,Y��1 rz 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 Development, at his sole discretion, to be unnecessary to the completion of the project in a competent and workmanlike manner. Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered at the times specified pursuant to EXHIBIT B entitled Payment of Compensation,. attached hereto and made a part hereof. 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 Representatior. Section 4.01. Contractor agrees to devote the number of hours necessary to perform the above - described services in a competent and workmanlike manner. Contractor may represent, perform services for, and be employed by, such companies and governmental entities as Contractor, 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 entitlements 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 h:msc,lf informed of, and shall comply with, all federal, state and local laws and regulatio,•s which in any manner affect his performance under this agreement. �� -f'��, � �. � �,�� �E � i✓1 z V �i t �-u S. ' ��l lS�,t� U� �--r� (t�l C� t=--�, -2- 1l j -tUf•l Cpl) I��C- W t-T(-4 Y C.GI� . �� t t 1 �l � C.c�►.� .�- 1z-1.� IA 1 CT; 4 &A w c- -ri-1 1 - 1 01 CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this day of 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 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 in "Proposal to Provide Contract Planning Services and Subsequent Environmental Impact Report for Planned Development No. 1014 (revised) and LDM -9 ( G . H. Palmer and Associates", attached hereto, designated as EXHIBIT A and incorporated herein. 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. MEL WILLIS will serve as the employee of Contractor principally responsible for execution of the Contractor's obligations under this Agreement and shall serve as principal ?_iason between City and Contractor. ARTICLE 3. COMPENSATION {:count of Compensation Section 3.01. As sole and complete consideration for the services to be performed by Contractor, City agrees to pay Contractor on a time and materials basis in accordance with F :iIIBIT "A ". :%11 costs are estimates not to be exceeded: except by prior written authorization of the City. - 1 - 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 Development, at his sole discretion, to be unnecessary to the completion of the project in a competent and workmanlike manner. Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered at the times specified pursuant to EXHIBIT B entitled Payment of Compensation,. attached hereto and made a part hereof. 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. Contractor may represent, perform services for, and be employed by, such companies and governmental entities as Contractor, 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 entitlements 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 arid local laws and regulatio►,1; which in any manner affect his performance under this agreement. -2- . aA ss ignment Section •:. 04 _ Nel Cher this agrement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of City. ARTICLE S. 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 -iay 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 worker Compensation Insurance and Safetv acts and Labor Code of the State of ca ifoini.-1 . SLC t icon _1 . U _ Upt)n '111y wI 1 t_ > r)c3 rc(P) I t k'd t <; be pl-Ovided by Cont.1-•1c t.or Ir. t III` of pertor"rninq .Irly a bove-de icrlbed %IP(M ( )OIll`r t. l`I rTll r).lt 1Orl a>i t. ill'. Its; l'l`:I11`ilt , 4t l l or iy ina l documen t� prepared by Con L ractor stia l l become the sole property of City and may be used, reused or otherwi -Se disposed of by City without the permission of Contractor. Efold 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 Agreement 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..-with 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 sha 1 1 be dove rued by and con- strued in accordance with the laws of rhea State (-)f' Ca 1 i fornia . At. tie, :sect_ ion 1.01. ( )111ci (It t ill.•t �).1t tit•t ot.() i[IS IL t.tittc' :lily .tc,Clon ot" t)roceedin9 of rt.►tr,tc• III It c'c)ctr "t of law, ecIuit_y, (-)r- o0lerwist" to oriforu(- i)tOvt.;t()n of ttrt : a(II- ecillent ()t- for a declaration of such party's r. jilts or obl iya t- ions 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 is 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 Arid by Title C 0 N T I: A C T O 1 (NoLkiz- i.i I C('t- t 1 f i c,ite!; of t , i c h - • ( i ) CITY OF MOORPARK, CALIFORNIA a municipal corporation by ATTEST: Its Mayor C: ty Clergy: �' I T Y (SI:_'AL) CERTIFICATE OF ACKNOWLEDGEMENT (Corporation) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. On this day of 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the (title) of (name of corporation) and whose name is subscribed to the within instrument, and acknowledged to me that the corporation executed it. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public in and for said County and State (SEAL)