HomeMy WebLinkAboutAGENDA REPORT 1991 0501 CC REG ITEM 08D I s iUOVJ)
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�,e. MEMORANDUM
TO: The Honorable City Council ri�p('�/
FROM: Patrick J. Richards, Director of Community Development
DATE: April 18, 1991 (CC meeting of May 1, 1991)
SUBJECT: PLANNING SERVICE CONTRACT FOR CPD 89-1 AND-2 (MISSION
BELL PLAZA)
Background
Resolutions approving CPD89-1 and -2, LDM-89-2 and certifying the
Environmental Impact Report for Mission Bell Plaza were adopted by
the City Council on November 7, 1990. The Final Impact Report, the
mitigating monitoring plan, staff reports, findings and conditions
of approval were completed for the City by Impact Sciences, Inc.
Discussion
On March 28, 1991, Ventura Pacific Capital Group VI and Macleod
Construction Company applied for a Major Modification to CPD-89-1
and 2, and Tentative Tract Map No. 4757 for a ten lot subdivision.
As proposed, the project includes the construction of a 259,000
square foot retail center. The applicant has indicated a desire to
again have Impact Sciences, Inc . provide professional planning
services .
Staff has selected Impact Sciences, Inc. to do the necessary
professional planning services based on the applicant's request to
pay for their services combined with the firms previous knowledge
and work on this project. Attachment "A" is a copy of the proposed
contract, and a Scope of Services . The services listed in
attachment "A" is a not-to-exceed budget of $25,000. Ventura
Pacific Capital Group VI and Macleod Construction Company have
deposited the contract amount ( $25,000) plus the appropriate City
administrative costs ( $3750) . Also, the applicants have agreed in
writing to reimburse the City for all costs of processing of their
Major Modification request.
Recommendation
Staff is recommending that the City Council approve Impact Sciences
Inc. as the selected consultant and authorize the Mayor to sign the
contract for services . MOORPARK, CALIFORNIA
City Council Meeting
Attachment:
of SA 1991 !/
Service Contract ACTION: C aC
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TA[t6Y ORN E. WOZNIAK
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
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 "IMPACT SCIENCES, INC." a California Corporation,
hereinafter referred to as "IMPACT SCIENCES", INC.
WITNESSETH
Whereas, City has the need for professional planning services;
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, "L 1PACT SCIENCES, INC." is experienced in providing such services for municipal
corporations and is able to provide personnel with the proper experience, certifications and background
to carry out the duties involved; and
Whereas,City wishes to retain"IMPACT SCIENCES,INC."for the performance of said services;
NOW, THEREFORE, in consideration of the mutual convents, benefits and premises herein
stated, the parties hereto agree as follows:
City does hereby appoint "IMPACT SCIENCES, INC." in a contractual capacity to perform the
services in accordance with the terms and conditions hereinafter set forth in Exhibit "A"; with the
authorities, and responsibilities ordinarily granted to this type of consultant work.
I. Compensation
The fees in full compensation to "IMPACT SCIENCES, INC." for the services rendered
shall be as set forth in Exhibit "A" .
II. Termination
This agreement may be terminated with or without cause by City at any time with no
less than 10 days written notice of such termination. In the even of such termination., "IMPACT
SCIENCES, INC." shall be compensated for such services up to the date of termination. Such
compensation for work in progress shall be prorated as to the percentage of progress completed at the date
of termination.
This agreement may be terminated by"B1PACT SCIENCES,LNIC."only by providing City
with written notice no less than 30 days in advance of such termination. •
III. General Conditions
A. 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 "IMPACT
SCIENCES, LAIC." performing services hereunder for City.
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B. 'IMPACT SCIENCES,INC."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 control over the conduct of"IMPACT SCIENCES,INC."
or and of"IMPACT SCIENCES, INC." officer, employees or agents, except as
herein set forth.
"IMPACT SCIENCES, INC." hall 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.
C. At the time of 1) termination of this agreement or 2) conclusion of all work; all
original documents, designs, drawings, reports, logos, diskettes, computer files,
notes and other related materials whether prepared by"IMPACT SCIENCES,
INC." 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.
D. "IMPACT SCIENCES,INC."shall hold harmless,indemnify and defend the City
and its officers, employees, servants and agents serving as independent
contractors in the role of City Manager, Deputy City Manager, Director of
Community Development 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"IMPACT SCIENCES,
INC." or any of its officers, employees or agents in the performance of this
agreement,except such damage as is caused by the 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"IMPACT SCIENCES,
INC." by reason of Paragraph E hereof, because of the acceptance by the City, or the deposit
with the City, of any insurance policy or 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 E hereof.
E. "IMPACT SCIENCES, INC." hall 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 that 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 serving
as independent contractors in the role of City Manager, Deputy City
Manager, Director of Community Development or City Attorney, as
additional insured with "IMPACT SCIENCES, INC." .
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
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in any way connected with, the performance of this agreement by
"IMPACT SCIENCES, INC." 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. "IMPACT SCIENCES, INC." shall give City thirty (30) days
written notice prior to the expiration of such policy.
4. Be written on an Occurrence Basis.
F. Consistent with the provisions of Paragraph E, "IMPACT SCIENCES, INC."
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.
G. Consistent with the provisions of Paragraph E, "IMPACT SCIENCES, INC."
shall provide workers' compensation insurance as required by the California
Labor Code. If any class of employees engaged by"IMPACT SCIENCES,INC."
in work under this agreement is not protected by the workers' compensation
law, "IMPACT SCIENCES, INC." shall provide adequate insurance for the
protection of such employees to the satisfaction of the City.
H. "IMPACT SCIENCES, INC." shall not assign this agreement, or any of the
rights, duties or obligations hereunder. It is understood and acknowledged by
the parties that"IMPACT SCIENCES,INC."is uniquely qualified to perform the
services provided for in this agreement.
"IMPACT SCIENCES, INC." PROPOSAL FOR ENVIRONMENTAL AND
PLANNING SERVICES DATED APRIL 5, 1991 are hereby incorporated into
this agreement. Where said RFP and response are modified by the agreement,
the language contained in the agreement shall take precedence.
J. Payment to "IMPACT SCIENCES, INC." shall be made by City within 30 days
of receipt of invoice, except for those which are contested or questioned and
returned by City, with written explanation within 30 days of receipt of invoice.
"IMPACT SCIENCES, INC." shall provide to City a written response to any
invoice contested or questioned and further, upon request of City, provide City
with any and all documents related to any invoice.
K. Any notice to be given pursuant to this agreement shall be in writing, and all
such notices and any other document to be delivered shall be delivered by
personal service or by deposit in the United States mail, certified or registered,
return receipt requested, with postage prepaid, and addressed to the party for •
whom intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
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To: Impact Sciences, Inc.
267 West Hillcrest Drive
Thousand Oaks, CA. 91360
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.
L. Nothing contained in this agreement shall be deemed,construed or represented
by the City or"IMPACT SCIENCES,INC."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 "IMPACT
SCIENCES, INC." .
M. 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.
N. 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.
O. 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.
P. In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this agreement or as a
result of any alleged breach of any provision of this agreement, the prevailing
party shall be entitled to recover its costs and expenses, including reasonable
attorney's fees,from the losing party,and any judgement or decree rendered in
such a proceeding shall include an award thereof.
Q. Cases involving a dispute between the City and "IMPACT SCIENCES, INC."
may be decided by an arbitrator if both sides agree in writing, with costs
proportional to the judgement of the arbitrator.
It. This agreement is made, entered into, 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, alifornia.
S. 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.
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IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for"IMPACT SCIENCES,INC." overall performance
of the contract provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Eric Sakowicz.
Upon mutual written agreement of the parties, other individuals may be substituted in
the above capacity.
V. IMPLEMENTATION
The City shall provide "IMPACT SCIENCES, INC." with written notice of the date at
which these services are to be implemented if different than the date of the agreement.
CITY OF MOORPARK CONSULTANT:
Paul W. Lawrason, Jr., Mayor Tom Worthington, Vice President
Impact Sciences, Inc.
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C C
ATTACHMENT"A"
SCOPE OF SERVICES
To fulfill the City's requirements for processing this proposal,Impact Sciences, Inc. will
assume the role of environmental consultant and case planner on the project.
Responsibilties of Impact Sciences, Inc. will be as follows:
1) To act as a direct link between the applicant and the City of Moorpark
Community Development Department. Impact Sciences, Inc. will actively
participate as environmental consultant and case planner for the City of Moorpark
on this project. Records of all dialog between Impact Sciences, Inc. and the
applicant with respect to application materials, scheduling of meetings and
hearings, noticing, staff report format, use of City facilities and materials will be
properly kept and transmitted directly to the Community Development
Department. It is understood that the Community Development Director will act
as the final decision maker.
tt
2) The preparation of a Supplemental Environmental Impact Report and
Mitigation Monitoring Plan. Based on conversations with the City of Moorpark,it
is assumed a Supplement to the original certified EIR will be prepared. ,-This
document will be prepared based on, and in accordance with, the California
Environmental Quality Act (specifically section 15163 of the CEQA Guidelines.
The Supplemental EIR will include a revised project description and a comparative
analysis (of the old versus the new project) of impacts and mitigation measures
(where appropriate) for geology, biology, cultural resources, visual/aesthetic
resources,traffic,air quality,noise,risk of upset and public services. Reference will
be made to the project's original City Council certified EIR dated October 17, 1990.
The original EIR will nnt be included in the Supplemental EIR. Appropriate
revisions to the mitigation measures and mitigation monitoring plan will be made
where necessary. For completeness,and in accordance with the most recent CEQA
revisions, this information will be discussed textually in the report and
supplemented with graphic illustrations and tables, as appropriate. As part of
this analysis, an assessment of the parcel map, site plan and building elevations
will also be conducted. Specific recommendations will be forwarded to the City and
the applicant for possible incorporation into project plans. Impact Sciences, Inc_
will coordinate with the applicant any change in the project description that may
occur as a result of these planning recommendations.
3) Staff Report and Planning Commission and City Council Resolution
preparation. Impact Sciences, Inc. will prepare staff reports for the modification to
the CPD and parcel map and will thoroughly address appropriate City zoning
codes and General Plan requirements,major and minor environmental and planning
issues, site plan review, conflict resolution and conditions of approval. Formal -
resolutions will be prepared to form the basis of the agreement between the
applicant and City. Staff reports..and resolutions will be formatted as directed by
the City of Moorpark Community Development Department.
4) Preparation of Conditions of Approval. As a vital section of the staff reports,
conditions of approval will also be prepared for the modification to the CPD and
parcel map. It is assumed that the City Engineer, Community Development
Director and other applicable City department representatives will assist in the
preparation of this material.
5) Attendance and presentation at City Council meetings. Impact Sciences, Inc.
will be present at up to four public hearings with the City Council to support City
staff concerns. Impact Sciences, Inc. will be responsible for the preparation of all
overhead projection graphics and all other descriptive material necessary for these
hearings.
6) AU public notification for public hearings and environmental documents.
Impact Sciences, Inc. will prepare and ensure that all public notices and
environmental documents are duplicated and distributed on time and in accordance
with proper procedure, as identified in the California Environmental Quality Act
and its implementing guidelines as well as State Planning and Zoning laws and
City procedures.
7) Condition compliance monitoring during the zone clearance process. Given City
Council approval of the modification to the CPD and parcel map,Impact Sciences,
Inc.will implement enforcement of the mitigation monitoring plan and condition
compliance review of all submitted final construction plans and documents,prior to
issuance of zone clearance.
Mission Bell Plaza Supplemental EIR
Table 1
COST ESTIMATE
TASK STAFF Rate/Hr HOURS COST
1. Complete Application for CPD DeNiro $65.00 30.0 51,950.00
and Parcel Map
2. Supplemental EIR and Mitigation
Monitoring
- Compile EIR and Monitoring Plan DeNiro $65.00 75.0 $4,875.00
- Response to City Staff Comments DeNiro $65.00 20.0 $1,300.00
3. Circulation of EIR and Monitoring Plan
- Public Notification DeNiro $65.00 5.0 $325.00
Document Circulation DeNiro $65.00 6.0 $390.00'
- Reproduction Staff $55.00 8.0 $440.00
4. Staff Reports DeNiro $65.00 56.0 $3,640.00
11
5. Response to EIR Comments* DeNiro $65.00 24.0 $1,560.00
6 Public Hearings (4)' Sakowicz/DeNiro $107.50 16.0 $1,720.00
7. Condition Compliance DeNiro $65.00 60.0 $3,900.00
8. Project Management and Expenses
- Management Sakowitz $150.00 16.0 $2,400.00
- Graphics Richkind ' $55.00 8.0 $440.00
- Materials S360.00
- Reproduction (70 report copies, 35 draft and 35 final of 100 pages each @ $0.10 per page) $700.00
- Contingency $1 000.00
TOTAL 525,000.00
'Additional time would be billed on a time and expense basis as per our most current schedule of fees.
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