HomeMy WebLinkAboutAGENDA REPORT 1994 0615 CC REG ITEM 08O ;'i 363
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AGENDA REPORT c,
CITY OF MOORPARK c `, c`, , a =
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TO: The Honorable City Council Fcr�ou: ,/.
FROM: Jaime R. Aguilera, Director of Community Development K By p ?
Kathleen Mallory, Associate Planner 'I<'\
DATE: June 9, 1994 (CC meeting of June 15, 1994)
SUBJECT: CONSIDER A CONTRACT FOR SERVICE WITH THE PLANNING
CORPORATION FOR THE PREPARATION OF THE NOTICE OF
PREPARATION FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE BOLLINGER DEVELOPMENT PROJECT, GPA 94-1, ZC 94-1,
TRACT 4928, PARCEL MAP 94-1, CUP 94-1, AND RPD 94-1
BACKGROUND
On August 4, 1993, the City Council approved a request by the Bollinger Development
corporation to file a General Plan Amendment for the construction of 216 residential
dwelling units, on 655 acres, north of City Hall, west of Walnut Canyon, and east of
Grimes Canyon. The applicant mentioned his project would also include 2 golf courses
and an equestrian staging area.
On April 25, 1994, Bollinger Development Corporation submitted an entitlement
application for a General Plan Amendment (GPA 94-1), Zone Change (ZC 94-1),Tentative
Tract Map (TT 4928), Parcel Map (PM 94-1), Conditional Use Permit (CUP 94-1), and
Residential Planned Development (RPD 94-1). The applicant has requested that the City
hire the environmental consultant to prepare the environmental document for the project.
The applicant will pay all costs, including staff's administrative charge, related to the
preparation of the Notice of Preparation of the draft environmental impact report.
The purpose of this staff report is to request Council authorization to permit the City
Manager to sign a contract with the City selected environmental consultant (the Planning
Corporation).
DISCUSSION
On May 18, 1994, the entitlement application was determined to be incomplete for
purposes of filing. On May 31, 1994, the applicant submitted additional information
responding to the incompleteness items as noted in the May 18, 1994 incompleteness
letter. Upon receipt of agency review comments, expected on June 22, 1994, staff
anticipates that the application will be deemed to be complete. Upon application
completeness, the City's environmental consultant will begin preparing the environmental
documents for the aforementioned project. Therefore, the Notice of Preparation process
will probably begin about June 23, 1994.
The Honorable City Council
June 9, 1994
Page 2
Staff has selected the Planning Corporation (Steve Craig) to prepare the initial work on
the environmental document for the development project. The Planning Corporation has
prepared other environmental documents for the City. The City has found all previous
work to have been prepared in a comprehensive manner, consistent with the California
Environmental Quality Act (CEQA).
The attached contract for service (see Attachment Number 1) obligates the environmental
consultant to prepare the Project Description, Notice of Preparation, Initial Study, Scope
of Work and to conduct a review of and comment on technical reports submitted by the
applicant (see Attachment Number 2); the estimated cost for these services, referred to
as Phase I, is $5,000.00. Upon receipt of comments from responsible and trustee
agencies as part of the Notice of Preparation process, the scope of work for the
environmental impact report will be prepared.
Traditionally, one contract is prepared for the environmental consultant for perform all of
the "phases" of tasks which are required for an environmental impact report. A contract
for service will be signed based upon a scope of work the consultant has prepared.
However, many times, upon receipt of comments from responsible and trustee agencies
as part of the Notice of Preparation process, the scope of work must be modified which
results in the need for a contract amendment for the consultant to perform the work as
recommended by responding agencies.
Therefore, staff is suggesting that the work to be performed for the environmental
document, be broken into two contracts for service. The first contract will be for
completion of Phase I of the project, which will include the preparation and distribution
of the Notice of Preparation (NOP) and other related environmental documents for the
draft environmental impact report as specified within Attachment Number 2. The second
contract will be for Phase II of the project, which will include the preparation of a draft and
final environmental impact report, creation of findings, and, if necessary, statements of
overriding consideration. An estimated cost for Phase II is not known at this time and will
be determined upon receipt of comments received as part of the NOP process. A
Contract for Service for Phase II will be placed on the Council's agenda for consideration
upon completion of the NOP process and final determination of costs associated with
completion of Phase II of the project. However, it is staff's recommendation that the City
retain the option of using another firm to prepare the EIR.
At a later date, staff will schedule a City Council meeting in order to consider the
alternatives to be addressed within the EIR. The alternatives will be developed following
distribution of the Notice of Preparation for the environmental impact report to responsible
and trustee agencies and receipt of any comments.
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The Honorable City Council
June 9, 1994
Page 3
RECOMMENDATION
Authorize the City Manager to enter into a contract for service with the Planning
Corporation (Steve Craig), for an amount not to exceed $5,000.00 in order to prepare the
Notice of Preparation and other tasks as outlined within Attachment Number 2, associated
with the processing of the Bollinger Development Corporation development project.
Attachments:
1. Contract for Service
2. Scope of Notice of Preparation
ATTACHMENT NUMBER 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this _ day of 19_ 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, a California Corporation, hereinafter referred to as 'the Planning '
Corporation."
WITNESSETH
Whereas, City has the need for professional environmental compliance, planning,
and resources management services related to the preparation of an environmental
impact report for the Bollinger Development project; 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, the Planning Corporation is experienced in providing such services and
is able to provide personnel with the proper experience, certifications and background
to carry out the duties involved; and
Whereas,the Planning Corporation has submitted to City a scope of work proposal
for preparation of an environmental impact report and related services for the Bollinger
Development project, attached hereto as Exhibit "A" and hereinafter referred to as the
"SCOPE OF WORK', which describes the work products and services to be provided by
the Planning Corporation; and
Whereas, City, wishes to retain the Planning Corporation for the performance of
the services identified in the Scope of work; and
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 the Planning Corporation in a contractual capacity to
perform environmental compliance, planning, and resource management services, as set
forth in Exhibit "A", the Scope of Work, which is attached hereto and by this reference
incorporated herein.
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II. COMPENSATION
The fees in full compensation to the Planning Corporation for the services
rendered shall be as set forth in Exhibit "A", the Scope of Work; and payment of
such fees shall be made by City consistent with the provisions of Subsection IV.L
of this Agreement.
III. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended with or without cause by City
at any time with no less than ten (10) working days written notice of such
termination or suspension. In the event of such termination or suspension, the
Planning Corporation 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.
This Agreement may be terminated by the Planning Corporation only by providing
City with written notice no less than thirty (30) days in advance of such termination.
IV. GENERAL CONDITIONS
A. The Planning Corporation agrees not to provide environmental compliance,
land use planning, resource management, or related services for any other
public agency or private development project located within the City limits
or its Area of Interest, without the prior written consent of the City, during
the term of this Agreement.
B. The Planning Corporation agrees not to provide environmental compliance,
land use planning, resource management, or related services for the
BOLLINGER Development Corporation, including any affiliated company,
partnership, or corporation, during the term of this Agreement and for a
one-year period following completion of all tasks described in the Scope of
Work.
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C. 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 the
Planning Corporation performing services hereunder for City.
D. The Planning Corporation is and shall at all times remain as to the City a
wholly independent contractor. Neither the City nor any of its officers,
employees, servants or agents shall have control over the conduct of the
Planning Corporation or of the Planning Corporation's officers, employees
or agents, except as herein set forth.
The Planning Corporation shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner
employees of the City.
E. At the time of 1) termination of this Agreement or 2) conclusion of all work;
all original documents, designs, drawings, reports, calculations, diskettes,
computer files, notes, and other related materials whether prepared by the
Planning Corporation or their subcontractor(s) or obtained in the course of
providing the services to be performed pursuant to this Agreement shall
become the sole property of the City. All environmental impact report text
computer files shall provided to the City using IBM compatible, Word
Perfect 5.1 work processing software, on a 3.5-inch diskette.
F. The Planning Corporation shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents and independent
contractors who serve in the role of City Manager, Deputy City Manager,
Director of Community Development, City Engineer, or City Attorney from
any claim, demand, damage, liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or injury to any person and
injury to any property, resulting from misconduct, negligent acts, errors or
omissions of the Planning Corporation 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 or any of its officers, employees,
servants or agents.
The City does not, and shall not, waive any rights that it may have against
the Planning Corporation by reason of Paragraph F hereof, because of the
acceptance by the City, or the deposit with the City, or any insurance policy
of certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in Paragraph G hereof.
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G. The Planning Corporation shall secure from a good and responsible
company or companies doing insurance business in the State of California,
pay for, and maintain in full force and effect for the duration of this
Agreement the policies of insurance required by this paragraph and shall
furnish to the City Clerk of the City certificates of said insurance on or
before the commencement of the term of this Agreement. Notwithstanding
any inconsistent statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by the policies shall:
1. Name the City and its officers, employees, servants and agents and
independent contractors serving in the role of City Manager, Deputy
City Manager, Director of Community Development, City Engineer,
or City Attorney, as additional insured with the Planning Corporation.
2. Insure the City and its officers, employees, and agents while acting
in the scope of their duties under this Agreement against all claims,
demands, damages, liabilities, losses, costs or expenses arising
from, or in any way connected with, the performance of this
Agreement by the Planning Corporation or the City.
3. Bear an endorsement or have attached a rider whereby it is provided
that, in the event of cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by mail, postage
prepaid, not less than thirty (30) days before the cancellation or
amendment is effective. The Planning Corporation shall give City
thirty (30) days written notice prior to the expiration of such policy.
4. Be written on an Occurrence Basis.
H. Consistent with the provisions of Paragraph G, the Planning Corporation
shall provide general public liability including automobile liability and
property damage insurance in an amount not less than One Million dollars
($1,000,000.00) per occurrence and annual aggregate.
Consistent with the provisions of Paragraph G, the Planning Corporation
shall provide workers'compensation insurance as required by the California
Labor Code. If any class of employees engaged by the Planning
Corporation in work under this Agreement is not protected by the workers'
compensation law, the Planning Corporation shall provide adequate
insurance for the protection of such employees to the satisfaction of the
City.
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J. The Planning Corporation shall not assign this Agreement, or any of the
rights, duties or obligations hereunder. It is understood and acknowledged
by the parties that the Planning Corporation is uniquely qualified to perform
the services provided for in this Agreement.
K. The Planning Corporation's Scope of Work (Exhibit "A") dated May 20,
1994, is hereby incorporated into this Agreement. Where said Scope of
Work is modified by this Agreement, the language contained in this
Agreement shall take precedence.
L. Payment to the Planning Corporation shall be made by City within thirty (30)
days of receipt of invoice, if sufficient environmental impact report deposit
funds are held by the City. Payment to the Planning Corporation shall not
be made by City within thirty (30) days for any invoice which is contested
or questioned and returned by City with written explanation within thirty (30)
days of receipt of invoice. The Planning Corporation shall provide to City
a written response to any invoice contested or questioned, and further,
upon request of City, shall provide City with any and all documents related
to any invoice. Invoices shall only be submitted to City by the Planning
Corporation, following completion of each individual task or sub-task
identified in Exhibit "A", and the written work product for each completed
task or sub-task shall precede or accompany each invoice.
M. Any notice to be given pursuant to this Agreement shall be in writing, and
all such notices and any other document to be delivered shall be delivered
by personal service or by deposit in the United States mail, certified or
registered, return receipt requested, with postage prepaid, and addressed
to the party for whom intended as follows:
To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Steve Craig
The 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.
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N. Nothing contained in this Agreement shall be deemed, construed or
represented by the City or the Planning Corporation 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 the Planning Commission.
Q. 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.
P. 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.
Q. 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.
R. 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.
S. Cases involving a dispute between the City and the Planning Corporation
may be decided by an arbitrator if both sides agree in writing, with costs
proportional to the judgment of the arbitrator.
T. This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action of the terms, conditions or
covenants referred to herein shall be filed in the applicable court in Ventura
County, California.
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U. 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.
V. RESPONSIBLE INDIVIDUAL
The individual directly responsible for the Planning Corporation's overall
performance of the Agreement provisions herein above set forth and to serve as
principal liaison between City and the Planning Corporation shall be Steve Craig.
Upon mutual written agreement of the parties, other individuals may be substituted
in the above capacity.
The City's contact person in charge of administration of the Planning Corporation
Agreement,and to serve as principal liaison between the Planning Corporation and
City, shall be the Director of Community Development.
VI. IMPLEMENTATION
The City shall provide the Planning Corporation with written notice in advance of
the date at which these services are to be implemented if different than the date
of the Agreement.
CITY OF MOORPARK: THE PLANNING CORPORATION:
By: By:
Steven Kueny, City Manager Steve Craig, Principal
ATTEST:
By:
Lillian E. Hare, City Clerk
Exhibits:
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A. Scope of Work
EXHIBIT A
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EXHIBIT A
06-09-1994 05:02PM Cathedral City Hall 619 324 4816 P.02
a
PLANNING CORPORATION Steven Craig, President
harps Rowley,
vice President,Treasurer
Sienna-Craig,Secretary
May 25 1964 1
Mi
C dfAssod nenf. . II i• ,
Commu ity ment Department
799 M• • •ark Avenue
Moorpa , California
•Re: -hese 1 EIR Con ct Scope of Work: Moorparl4 Esta 'Project
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To impl ment;the City'secision to proceed with initial ennironm tal processing
of the oorpark Estates Project, The Planning Corporation is pi aped to submit
the fol • ing scope of work statement. The tasks to be accompli hbd include:
( ) Consultat• s with affected agencies regard g the of
Work for a EIR. An agency scoping m ting wil be held
under City supervision to assist in defni the pe of
Work forth EIR.
1 ( ) Preparation of a Project Description, Initial dy, a dl Notice
of Preparat on and uplication/distribution o these aterials
to respons ble and trustee agencies and to th City of
Moorpark EIR distribution list.
O Evaluation bf the responses to the Notice of Preps n and
completion l of a scope of work, acceptable to a City,
outlining all studies and tasks to be completed for he Draft
and Final EIR.
O Coordination with the consulting City Tra c E Meer to
define the scope of work for the traffic ci ulation analysis
that will need to be completed for this proje
Coat . -
Based •n our present u nding of the work that neegis to bel Performed, the
budget or tie regUest work is estimated to.be Notice Of Prep r$tion ($ 200),
Prelirni ry Initial Stu ($1,000), Project Description Prepa on ($1,500),
Agency and Scoping:M Ings $1,500, meetings with ity Sta plicant $
300, an• Wordprocessing .& Printing ($500). The total Initial R Costa are
es. , • to be about $5,000. Billing will be provided On a tim nd materials
basis. • funds not e4cpended during this first phase bf work Will be carried
forward o the EIR phase of the contract.
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Monterey i 48491Sapagte Road Bradley California 93426 (805) 473.0447
Santa Barbels Post Office Box 20250 Santa Barbara California 93120 (805) 966-5959
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JUN 9 '94 18:03 619 324 4816 PRGE.002
06-09-1994 05:03PM Cathedral City Hall 619 324 4816 P.03
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Schad le
The PI:nning: Corpora 'on will proceed with prepa = 'on of• the .Notice of
Preps. Ion $d; relat materials immediately u• fin receipt of verbal
autho '-anon p the City. Written confiirmatl.9 will be'regUired prior
to su• ittp P, l Study, and Project s - • •n for distribution:
The N �; `:. eu p !Is 30 days. The proposal for • EIR be prepared
during • = N review briod. The proposal will be sub ted t the City Within
10 day of completion the NOP review period.
Please •ntact me if you have any questions about this p • •osal.
R= • = Iy submitted,
The Pla nirigy res
-'tio,s
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TOTAL P.03
JUN 9 '94 18:03 619 324 4816 PAGE.003