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HomeMy WebLinkAboutAGENDA REPORT 1994 0608 CC ADJ ITEM 08Bn IN<, C11! f }:yZ ACTION: By AGENDA REPORT CITY OF MOORPARK ITEM• TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Development/ Kathleen Mallory, Associate Planner DATE: May 24, 1994 (CC meeting of June 1, 1994) SUBJECT: CONSIDER THE HIRING OF AN ENGINEERING GEOLOGIST AND GEOTECHNICAL ENGINEER FOR REVIEW AND COMMENT ON DEVELOPMENT RELATED MATTERS BACKGROUND Developers are beginning to request approval to construct development project within hillside areas. Bollinger Development Corporation, SP 1 (the Levy Company), and SP 8 (Messenger Development) are, to name a few, development projects which are proposed to be built within hillside areas. Due to terrain and soil conditions, these development proposals will, inevitably, require mitigation o' geologic and geotechnical hazards, and land use re- design will be necessary. With the filings of future development proposal and Specific Plans within hillside areas, the need for Engineering Geology and Geotechnical Engineering reports will be a necessary part of the initial planning for a development proposal, or Specific Plan area. The purpose of this report is to receive Council authorization to initiate a Request for Proposals for Engineering Geology and Geotechnical Engineering Services for a consultant to work with the Community Development Department. Interaction between the consultant and Community Development Department will occur as part of the land use planning for development projects with n hillside areas or other areas where a potential for a geologic or geotechnical haza� Js F'xist. DISCUSSION Existing conditions With development approval being requested within hillside areas, a variety of hazards may exist which are less common in previously developed flat land areas. For example, landslides, debris flow areas, faults, expansive oedrock and soils, and other geologic and seismic hazards may exist within hillside area KMP- 05- 23- 94(5:00pm)A: \CCRFP. RPT The Honorable City Council May 24, 1994 Page 2 Definition of Engineering Geologist and Geotechnical Engineer An Engineering Geologist is an individual who is experienced and knowledgeable in the application of geologic knowledge and principles and the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. A Geotechnical Engineer (or Soils Engineer) is an enginee+ knowledgeable in the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and /or testing of the construction. In summary, an Engineering Geologist will evaluate and recommend mitigation based upon the soils, faults and other geologic conditions; a Geotechnical Engineer will design foundations with respect to soils and geologic conditions Current Review Process of Requiring a Geologic and Geotechnical Engineering Report Presently, the City Engineer does not require an Engineering Geology or Geotechnical Engineering report to be submitted, as part of the review process for a development project. However, many developers are aware that eventually this report will be required, and therefore, they submit the report prior to tree decision - making authority's approval of the land use plan. If a report is submitted prior to approval of the land use plan for the project, this report is not reviewed by the City Engineer or any consultant hired by the City Engineer. The report is reviewed by he City Engineer and /or the Engineer's consultant after the project is approved and [:prior to issuance of a grading permit. This practice has undoubtedly occurred due to the predominant development of the flat land areas. Staff's Comment Relative to the Current Review Process Staff is concerned with the current review pro,:;ess because once the land use plan has been approved, geologic and seismic hazards may be very difficult to overcome especially in hillside areas. Further, geologic ;nd seismic hazards will be more prevalent within hillside areas. Staff's Proposed Review Process Staff proposes that in order to assure that the geologic environs are adequately considered in the planning, design, construction, and maintenance stages, an Engineering Geology and Geotechnical Engineering report be required and reviewed prior to approval of the land use plan. KMP- 05- 23- 94(5:00pm)A:\CCRFP.RPT The Honorable City Council May 24, 1994 Page 3 Many cities such as Agoura Hills, Malibu, Palos Verdes Estates and Calabasas, utilize a similar form of the review process recommended by staff. Further, these cities also adopt their own guidelines for geology and geotechnical reports; these reports are intended to expedite the preparation and subsequent review of Engineering Geology and Geotechnical Engineering reports. Many cities have found that if the reports are prepared in general accordance with the available guidelines, the review process is expedited rather than prolonged - a factor which often laves the developers the cost of repeated reviews and meeting. Additionally, by having the project reviewed for geologic and geotechnical hazards, prior to approval of the land use plan, there may be a long term reduction of the City's liability because a better project will ensue, where la, `d uses will be designed around hazards. Staff would like to point out that if a Request for Proposals is initiated, the selected consultant should be the same consultant that works with the City Engineer to review and make final recommendations relative to the construction project. By utilizing the same consultant at both review levels, continuity wi�l be ensured and the report requirements will be analogous. Creation of Engineering Geology and Geotechnical Engineering Standards for Report Preparation As mentioned, many cities have adopted their own guidelines for Geology and Geotechnical reports. Those cities which have not adopted their own Geologic Report Standards automatically adopt the Uniform Budding Code's standards. These standards are vague and do not address local geologic and seismic issues. Therefore, staff recommends that the City Council approve the creation of Geologic Report Standards. The attached Request for Proposals includes the requirements for the selected consultant to develop Geologic Report Standards for adoption by the City Council. These standards will establish report criteria to specifically caeal with geology and seismic issues in Moorpark. Additionally, these standards wiP' provide direction for developers and will establish continuity in review requirements. The report standards would need to be created prior to receipt of development reports. The RFP requests a cost estimate for the creation of these report standards. The City would need to pay for the cost of the preparation of these standards. However, the cost for the preparation of these standards could be included within the fee (by amending the fee resolution) that is required to be submitted at the time of filing of the entitlement application. A cost estimate for the preparation :)f the standards is not known at this time. KMP- 05- 23- 94(5:OOPm)A:\CCRF P. RPT The Honorable City Council May 24, 1994 Page 4 Draft Hillside Management Ordinance The draft Hillside Management Ordinance does include the requirements for an Engineering Geology and Geotechnical Engineering report in the land use planning stages of a development project (Section 16.05, C.7.). Staff believes that the requirements for the report, as outlined within this staff report, should be immediately implemented and should not just be required for hillside areas; for example, seismic areas, or flood plain areas, may also warrant the preparation for the Engineering Geology and Geotechnical Engineering report. Creation of a Fee for Deposit with the Department of Community Development A deposit will be required for development: projects to cover actual consultant cost as well as administrative costs of administering the report requirements. Typically, a 15% administrative fee is required, in addition to the fee for the cost of the report. The Engineering Geology and Geotechnical Engineering report will identify the fees required for review and staff's 15% administrative fee will be identified when the proposals are received. Summary of Staff's Recommendation Staff's recommendation is that: 1) an Engineering Geology and Geotechnical Engineering report, prepared consistent with City adopteo Geologic Report Standards, be required to be submitted, reviewed, and recommendations for mitigation taken into account prior to approval of the project; 2) the selected consultant be required to develop Geologic Report Standards; and 3) the selected consultant act as the Engineering Geological and Geotechnical Engineering consultant for review of reports submitted for development projects at the land use planning level and kt the City Engineer level, prior to when a grading or building permit is issued. Identification that a Geology and Geotechnica� Engineering report will be necessary, may occur by: a) consultant with the Safety Element of the City's General Plan; b) information provided by the applicant pursuant to the standards established by the consultant; or c) by review of the application by the Engineering Geologist and /or Geotechnical Engineering consultant upon request by staf{ Implementation of the review process recommended by City staff is not intended to take the place of any other review deemed necessary by the City Engineer prior to issuance of a grading permit. Rather, staff recommences that Engineering Geology and Geotechnical Engineer review occur early on n the planning process. KMP- 05- 23- 94(5:OOPm)A: \CCRFP. RPT The Honorable City Council May 24, 1994 Page 5 The City Engineer and City Attorney have [)oth reviewed the attached RFP and their comments have been incorporated herein. RECOMMENDATIONS Direct staff to: 1. Obtain proposals from qualified E ngineering Geology and Geotechnical Engineering companies; 2. Upon receipt of proposals, conduc review of the proposal and make a recommendation to the City Council fc final selection and award of a contract; 3. Within thirty days of Council selection of the consultant, amend Resolution Number 93 -987 to include a fee for Engineering Geological and Geotechnical Engineering review, which will include the cost for the preparation of the Geotechnical and Engineering Geology Report Standaro -3, and staff administration costs; 4. Within ninety days of Council selection of the consultant, present Geologic and Geotechnical Report Standards to the -lity Council for review and comment prior to adoption by the City Council. 5. Require Engineering Geology and (. eotechnical Engineering reports to be submitted as part of the initial application for entitlement for a project located in a hillside area or other areas where a pot�,ntial for a geologic or geotechnical hazard exists. Attachment: RFP and Contract for Service KMP- 05- 23- 94(5:00pm)A: \CCRFP.RPT MOORPARK 799 Moorpark Avenue M aorpark, California 93021 REQUEST FOR PROPOSALS CITY ENGINEERING GEOLOGICAL SERVICES AND CITY GEOTECHINICAL ENGINEERING SERVICES (805) 529 -6864 The City of Moorpark Department of Community Development, is inviting proposals from qualified engineering geological and geotechnical engineering companies experienced in evaluation and review of public and pr!vat( development projects. SCOPE OF WORK: In partnership with the Department of Community Development and the City Engineer's office, the engineering geological and geotechnical engineering company will be required to provide the following services as requeste, i by the City: 1). Conduct third party review of geological reports and geotechnical reports prepared for public and private development projects. 2). Review and develop geologicai and geotechnical conditions pertaining to public and private development oroects 3). Conduct geological and ger.:)technicai studies and prepare reports pertaining to City public works onstruction projects. 4). Attend and participate in commL, iity, Planning Commission and City Council meetings. 5). In the event that separate companies are selected for engineering geological and geotechnical engineering services, work cooperatively with the City's consulting engineerinq geologist or geotechnical engineer. 6). Conduct pre - development revie,.v of proposed projects and Environmental Impact Reports 7). Make recommendations regard ng feasibility of proposed projects based upon preliminary reports. KIM P- 05- 23- 94(5:00pm)A:\CCR FP. RPT PAUL W. LAWRASON JR. PATRICK HUNTER Mayor Mayor Pro Tern 1 JOHN E Wa )ZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY ConcilmE nbe, Councilmember Councilmember Printed on Recycled Paper RFP, City of Moorpark June 9, 1994 8). Prepare standard guidelines for minimum submittal criteria for proposed projects at both the pre - develop, vent and development stages for approval by the City. 9). Conduct on -site reviews. 10). Establish an informative professional working relationship with City staff without a conflict of interest 11). Conduct studies and make ecommendations regarding the overall geological and soils conditions 'ound in the City. 12). Respond to emergency calls fc services 13). Assist the City in the developr lent of a fee /deposit schedule to review private development reports QUALIFICATIONS: 1). Posses a minimum of five (5) years experience in engineering geological and geotechnical engineering services in Southern California. 2). The consultant engineering geologist shall be certified as an engineering geologist by the State of Califoa -iia. 3). The selected engineering geologist and geotechnical engineer, shall possess a certificate of authority issued bv the State of California to use the title geotechnical engineer. 4). Meet all of the proposal requirer, ents outlined in the proposal requirements section of this RFP. The company will provide its own office spacF telephone, clerical support, supplies, and vehicles for all required work. a:CCRFP.RPT 2 RFP, City of Moorpark June 9, 1994 CITY RESOURCES: The Department of Community Development and City Engineering records as well as staff from both departments will be available to assist the company, in providing information, in order for the company to complete its assigned tasks. PROPOSAL REQUIREMENTS: All interested companies must submit five (5) sealed copies of their proposal to: City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 PROPOSALS MUST BE RECEIVED BY 5:00 P.M. ON JULY 15, 1994 The proposal shall include the following: 1). The resumes of principals ano staff members who may be used on City assignments. 2). Experience in providing engineering geology review and /or geotechnical engineering review services to >ublic agencies. 3). References, including the name title, work address and telephone numbers of the persons whom the consultant has worked (works) closely with on each job reference. Municipaliti�,s are preferred. 4). A description of the process tc be used to conduct engineering geology review and /or geotechnical en(.:I�neering review. 5). Specification of time for the review of the project types which are outlined in the Land Use Development P, ocessing Deposit Schedule (attached) and compensation rates and billing nethods (hourly fees, lump sums, etc.) for the various services. Written esponse to review of reports and other written material shall be given "::a the City in no more than ten (10) days, unless otherwise mutually ( eec upon in writing by the City and Contractor a:CCRFP.RPT 3 RFP, City of Moorpark June 9, 1994 6). Experience in soils and geology ::onditions similar to those found in the City of Moorpark. 7). Contractor shall agree not ,o provide engineering geological and geotechnical engineering or other related services for any individual, partnership, or corporation, including any affiliated company, partnership, or corporation, during the term of this Agreement and for a one -year period following completion or termination of this Agreement. This restriction shall apply to an individual, partnership, or corporation, including any affiliated company, partnership, or corporation for any project located within the City limits or its Area of Interest. 8). Insurance coverage informatior for liability, worker's compensation, and errors and omissions (see Legal and Insurance Requirements, Page 5 of this RFP). 9). Disclosure of pending lawsuits tiled against the company [the company's principals] and the persons proposed as the engineering geologist and geotechnical engineer in their professional capacity within the past five years. Required disclosures shall be in the form of a copy of the Court Civil Index, 1993 -1987 for all counties, in California. This listing shall be certified by the company's attorney or )y t^ie court which issued the Court Civil Index. 10). Recommended fee /deposit schedule to review private development reports. 11). A proposed cost for the creation of the Geological and Geotechnical Engineering Report Standards Failure to submit any of the required proposa materials may result in the proposal being deemed ineligible for consideration a:CCRFP.RPT 4 RFP, City of Moorpark June 9, 1994 SELECTION CRITERIA: The company will be selected based upon consideration of the following: 1). Experience and background of the company, the persons proposed as the engineering geologist and geotechnical engineer and the support staff. 2). Ability to work closely with City staff 3). Cost effectiveness and expeditious processing of development projects. 4). Responsiveness to requiremem i of this RFP. 5). Other pertinent items as detern inec by the City at its sole discretion. SELECTION PROCESS: The company will be selected pursuant to thE, following process: 1). All proposals eligible for consideration will be carefully reviewed; 2). Interviews will be conducted witl- those company(ies) judged by the City to have the best qualifications anc experience for the City; 3). The City Council will make the t nal selection and award a contract to the selected company or companie SELECTION DATE: The contract award is expected to be in AugLFst cf 1994 GENERAL INFORMATION: 1). The proposal shall be valid for minimum of 90 days. 2). Please provide any additional nformation that may aid the City in the selection process. However in o instance should information required by this RFP be omitted. a:CCRFP.RPT 5 RFP, City of Moorpark June 9, 1994 3). The final terms of the contract may be arrived at on the basis of negotiations between the City and selected company. The City holds the right to retain any company or individual as the contractor, if the City determines, in its sole discretion, the selected individual or company to be the best qualified to perform the desired service; the City also holds the right to retain no one at all. The City reserves the right to negotiate the specific requirements and compensation using the selected proposal(s) as a basis. 4). Please refer any questions regarding this RFP to Jaime R. Aguilera, Director of Community Development (805) 529 -6864, extension 242. 5). The City reserves the right to contract separately for engineering geological services and geotechnical engir ieering services. LEGAL AND INSURANCE REQUIREMENTS The selected company(ies) will be requireo to comply with the Legal and Insurance Requirements, as outlined within the attaches Contract for Services as well as the entire Contract for Services. Attachments: Sample Contract Land Use Development Processing Deposit Schedule (Permit type list, including Department of Community Development Permit Fees) a:CCRFP.RPT 6 AGREEMENT FOR ENGINEERING GEOLOGICAL AND GEOTECHNICAL ENGINEERING SERVICES 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 , hereinafter referred �o as " Contractor." WITNESSETH Whereas, City has the need for professional engineering geological and geotechnical engineering services; and Whereas, City desires to contract for such services with a private consultant in anticipation that said private consultant can pr )vide such services in a manner acceptable to the City; and Whereas, Contractor is experienced Eri providing such services and is able to provide personnel with the proper experience certifications and background to carry out the duties involved; and Whereas, Contractor has submitted to City a proposal for engineering geological and geotechnical engineering services, attached hereto as Exhibit "A ", and hereinafter referred to as the "PROPOSAL ", which describes the services to be provided by the consultant; and Whereas, City, wishes to retain Contractor for the performance of the services identified in the Proposal; and NOW, THEREFORE, in consideratior of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: City does hereby retain Contractor in a contractual capacity to perform professional services, as set forth in Exhibit A the Proposal, which is attached hereto and by this reference incorporated herein. SCOPE OF WORK The services to be rended by Contractor shall be those tasks as generally described in Exhibit "A ", the Proposal. 5 -23 -94 A:CCRFP,RPT II. COMPENSATION The fees in full compensation to Contractor for the services rendered shall be established as set forth in Exhibit "A" (Proposal) and payment of such fees shall be made by City consistent with tt-,e provisions of Subsection IV.M of this Agreement. M. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended with or without cause by City at any time with no less than ten (1 0) working days written notice of such termination or suspension. In the event of such termination or suspension, Contractor 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 completec: at t!ie date of termination or suspension. This Agreement may be terminated r, y Contractor only by providing City with written notice no less than ninety (90) Jays in advance of such termination. IV. GENERAL CONDITIONS A. Contractor shall agree not t0 provide engineering geological and geotechnical engineering or other related services for any individual, partnership, or corporation, including any affiliated company, partnership, or corporation, during the term of this Agreement and for a one -year period following completion or termination of this Agreement. This restriction shall apply to an individual, partnership, or corporation, including any affiliated company, partnership, or corporation for any project located within the City limits or its Area of Interest. B. 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 Contractor performing services iereander for City. C. Contractor 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 colitroi over the conduct of Contractor or of Contractor's officers, employees or agents, except as herein set forth. Contractor shall not at any time )r" it any manner represent that it or any of its officers, employees or agents are iri any manner employees of the City. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Ct.,ritr Ictor or by any third person to create the 5 -23 -94 A:CCRFP.RPT 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 Contractor. D. At the time of termination of this Agreement all original documents, designs, drawings, inspection reports, logs, calculations, diskettes, computer files, notes, and other related materials whether prepared by Contractor 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. Upon written request from the City, Contractor shall deliver in good condition and in a manner prescribed by the City all such property within 10 working days of the request E. Contractor 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 Contractor 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. The City does not, and shall not waive any rights that it may have against Contractor 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 tc be applicable to the claim, demand, damage, liability, loss, cost cr expense described in Paragraph F hereof. F. Contractor shall secure from a good and responsible company or companies doing insurance bus !less 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 o? this Agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto t, ie p, otection offered by the policies shall: 5 -23 -94 A:CCRFP.RPT 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 Contractor. 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 Contracto or the City. 3. Bear an endorsement or nave 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. Contractor shall give City thirty (30) days written notice prior tc the expiration of such policy. 4. Be written on an Occurr(�.-, ice Bass G. Consistent with the provisions )f Paragraph G, Contractor shall provide general public liability including automobile liability and property damage insurance in an amount not less t -ian Two Million dollars ($2,000,000.00) per occurrence and annual aggregG =te H. Consistent with the Provisions o Paragraph G.2 and G.3, Contractor shall provide professional liability insurance in any amount not less than One Million Dollars ($1,000.000.00) per occurrence and annual aggregate. In the event the amount of professional liability insurance provided to another public agency client of Contractor is more that One Million Dollars ($1,000.000.00), this same cover age shall be extended to City so long as it can be provided at no additional cost to Contractor. Contractor shall give City thirty (30) days written notice of intent to provide professional liability insurance in excess of One Millio! i Dollars ($1,000.000.00) to another public agency client and offer the samf coverage to City at City's expense. Consistent with the provisions of this Agreement, Contractor shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Contractor in work under this Agreement is not protected by tr�e workers' compensation law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. 5 -23 -94 A:CCRFP.RPT 4 J. Contractor shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. K. Contractor's Proposal (Exhibit "A ") dated is hereby incorporated into this Agreement. Where said Proposal is modified by this Agreement, the language cc intained in this Agreement shall take precedence. L. Payment to Contractor shall be made by City within thirty (30) days of receipt of invoice. Payment to Contractor shall not be made by City within thirty (30) days for any invoice which is contested or questioned and are returned by City, with written explanation within thirty (30) days of receipt of invoice. Contractor shall provide to the City a written response to any invoice contested or questioner , and further, upon request of City, shall provide City with any and all documents related to any invoice. M. Any notice to be given pursuam 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 Commc,nity Development City of Moorpark 799 Moorpark Ave iue Moorpark, CA 93(,21 To: Either party may, from time to tin e, by written notice to the other, designate a different address or contact per son which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by persof ial service or as of the second (2nd) day after deposit in the United State mail. N. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all orior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by i writing expressly purporting to be such an amendment, signed and ackr owledged by both of the parties hereto. 5 -23 -94 A:CCRFP.RPT �, O. 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 t!ie Agreement or caused it to be prepared. P. 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 t )inding, unless executed in writing by the party making the waiver. Q. 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 iri such a proceeding shall include an award thereof. R. Cases involving a dispute between the City and Contractor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of 'he arbitrator. S. This Agreement is made, entered into, and executed in Ventura County, California, and any action filec: in any court or for arbitration for the interpretation, enforcement or ,ether action of the terms, conditions or covenants referred to herein sha I be filed in the applicable court in Ventura County, California. T. 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 Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be _ . 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 this Agreement, and to serve as principal liaison between the C )ntractor and City, shall be the Director of Community Development. 5 -23 -94 A:CCRFP.RPT 6 VI. IMPLEMENTATION The City shall provide Contractor with written notice in advance of the date at which these services are to be implemented if different than the date of the Agreement. In witness whereof, the parties hereto have caused this Agreement to be executed by the duly authorized officers the Jay and year first above written in this Agreement. CITY OF MOORPARK.- By: Paul W. Lawrason, Jr., Mayor ATTEST: By: Lillian E. Hare, City Clerk Exhibit: A. Proposal 5 -23 -94 A:CCRFP.RPT (name in , Principal SEAL 0 = d Use Development Processing Deposit Schedule ATTACHMENT 'A' PLANNING FEE SCHEDULE ADOPTED BY RESOLUTION NO. 93 -987 (Effective 1/17/94) 24- Nov -93 OBIOSfTS - Th/a portion of th• fee echoduls /a for depo all •mounts onty. Soma City Land Us Develop monIt Pro co a sing is bas ed on a 'Rat Fee.' 'flat fsea' are listed titer the deposit portion of the achedulsd reglnning with Item No. 24. No Permit Type Deposit - Amount Addiwi d Amount Comments H Mod concurrently Kith a Tentative Tract map, the Roddentlal Planned Devsiopm*nl Permit *hall be reduced by 50% I Pro - Application Foe $780. $1,727.00 $1,727.00 plus $8.64 per unit # *$8.64 per unit 2 Planned Development a. Moblo Homo Park - b. Residential J Commercial Planned Development $4,680.0^ 4 Industrial Planned Development $4,680.00 5 j Condtdonaf Use 6 open Space Permit a. Residential d Accessory Use* j b. Agricultural d Accessory Use ;1,382.00 $i,90i.001 $2,416.00 #3,286.00' $5,18200 a Commercial, hdustdal, Instftutiond Uses yl Driling 6 Prodredcr, - � - s Ouardoo 6 Mining _� - .' _ Waste Dispoaal/Treatmsnf — -...- $5,182.00 - F tt !. City Attorney - when applicable $2,500.00 --- - i polce Department Review - when applicade $300.00 $2, 159. Do $3, Ito. 00 - — plus $60.53 j A Zone Change application hied concurrently wth a Tentative Tract Msp and/or Reddendal Planned Development Permit, the deposit amount for the Zone Change *hall be reduced by 50% perlotorunit . Zone Change _ 0 1 Tontsttve Tract Map Deposits (Nso see 'fiat Fee', No. 22) •.Tontatlw Tract Map b. T*ntadve Parcel Map, Parcel MapWaiver (LOM or Conditional Certificate of Compliance) $2,410.00 plus $60.51 per lot or unit c. Time Extension of Approved Tentative Tract Map 50% of current deport amount i d. Time Extension of Approved Tentative Parer/ Map 50% of current deposit amount Contract Servicas also khdude 01y Consultant work n /sled to Fnvironmentel Impact Studies, Hydrology Stu dive and Review of Geological Stu die*. The Consultant h.41 estimate the deposit required based on each hchidual op#1 ce Non. 9 Variance $1,466.00 a. ErletIng Shgf• Famly Reeldendal $369.00 10 Malor Modi6ution 60% of current deposa *mount I I Minor Mod/Mcaffon 20% of our*nf deposit amount or 551000 wh /dh •verb greater. 12 Appeal 25% of ourrsnt deposl amount or $S 16.00 whlch over is greater. 093ONDWop *3 - Community Development Department N velopment Processing Deposit Schedule ATTACHMENT 'A' PLANNING FEE SCHEDULEADOPTED BY RESOLUTION NO 93 -987 (EPetrve 1/17/94) 24- Nov -93 Page 2 fronmenfel Analysis 00, Amount AddRbnd Amount 1 Comment I . diial &vironmentaf Study Review (including Nag. Deal $1.30000 h addition to Me deposit for permit or entltement - - - -- - -- - -- - nvironmenta( Impact Report $3,45500 - Iovlrmmsnfal Impact Report Supplement $1,72700 �cial Consultants 100% of ectua/ C051 I Contract Services also include City consultant wvdr related to Environmental lmpsd Sardis s. ErnNronmenral or Othsr Studies Required) +15% I Hydrology Studles and Review ofOedo cal Studies Th r!1 +.� 0i a � ^2neulfe..t ad. raw _ d Conserva Mon Act Contract (Agricultural Prsa* we) - 1 required based on each hdlvicUe/ sppllcation . _ pptications If 382. IV MoblMome Rent incraasa reviews. (spplloable to cos of /Mng h crease reviews only), $234.00 t $1,382.001 'orttonNon - Renswabif - - -�— 11,3820_,, .docapePlan Rw4ew8 inspection _ $59900 1 _ ,,.,oral Plan Amendments _ r• u::8 S: v= —o V. 727.00 'cHle Plan 55,200.00 Out $5 20.1or Ctly wit receive 100% ofoost from •pp'icant (No Cap). Staff wll inform spill /cant of odditlonal _ or unn costa anticipated for 90'days, when 80% of hib'a1 Deposit his been spent. _nditlon Compliance review. 100% of orfgnal depesd per loVtj ,t -citg Maps 10096 of actual cost r Ilk Model Use, 100% of ecUaf cost + 15% Deposit amount determined by staff. LM• Adjustment S1, X00.00 .. •r 100% of •cLya/ cost Occasionally, specld reviews are required and not addressed sp"Mcally by Wo schedule, (such es traffic analyse revlews). These requirements defermined by he Director of Community Development, based on he nature oftlne review. Parma Type 00, Amount AddRbnd Amount 1 Comment I -- - -- �tatfvo Tract Map - (Rat Fee, also see 'Deposit Fee No. 1.7 ,, steel Map Reversion to scree a $518.00 alnlstret /ve Clearance (Uhor Verlonce) 5345.00 #us SJ2J per add/6onef lot orunit. aneClearance S39.00 V/oladon Penalty 100% of currant deposit amount, not to exceed 5809.00. ,Vora Permit $39.00 MoblMome Rent incraasa reviews. (spplloable to cos of /Mng h crease reviews only), $234.00 Trsf k Model Use Foo (for Model Melnte fence) $23400 Home Occupation Permit (Resolution No. J 578 00 One, foe M2- Businesses are Ned almutansouiy under one permit. Separate fee for tha2nd- Bush#sa, sided aMr Mrs o !nd ermR la issued. velopment Processing Deposit Sdheduls ATTACHM ENT 'A' PLANNING FEE SCHEDULE ADOPTED BY RESOLUTION NO. 93 -987 (Ef e.bvo 1/17/94) 24- Nov -93 Pape 2 Ironmental Analysis tV&I Environmental Study Review (indudng Nag. Dec./ $1,30000 h addition to Me deposit for perm /tor entifemont nvironmentd Impact Report $3,455 00 tvironmentd Impact Report Supplement $1,72700 .old Conwlrants EnWronmontal or Otlhor Studies Required) 100% of act. -d cost +15% Contract SeMcos dso hdude City consulfant wo Ar related to Environmental Impact SLd•ss. Hydrology Saudba and Review of Oeologicd Siudles. The Consultant w1/ estimate the deposit required based on each hd/vldua/ application. d Conservation Act Contract (Agricultural Preservat) ppf/caflon s $1,382,00 'ancdsucn $1.392.00 ortlon Non - Rsnswati'e f1, 38700 I dscape Plan Review A Inspection I $59900 era/ Plan Amendments fr, 71700 'cNlc Plan f5.?00 00 pus $5 '*J'or i C11y wit receive /00% of cost from opp'icant INo Cap). Stall wtl inform appllcanf of a_ +:y. -5cr a i or unit cons onnc /plod for 90Cays, when 80% of nlbd Deposit has been spent Icutlon Compliance review. 100% of original deposit per loo —f -" Ing laps i 100% of atlas/ cost ! 100% or sclra! cost -15% `spo sit amo'Jnt determned oy sta?7 r/fc Model Use Line Ad/uermont $1. CC'000 _- or 100% of •cUal cod Occasionally, special reviews are required andnot addressed specRlcally by Mls schedule, (such as tropic analysis reviews). These requirements determined by he Directorot Commun/ry Dovelo ment, based on he nature of8hs Wow. - The amounts listed below am 'Rat Fees' and cannot be rofunded to the • Icanf should the application be withdrawn, Iffams 24 Mrou 31 Permit T e Deposit Amount Add/tbnd Amount Comment Wive Trect Map - (Rat Fee, also see 'Deposit Fee No. 1.) arcd Map Reversion to *creep* $518 00 -- nln /stratlw C7sarance (floor Variance) $345 00 toaserence - $3900 plus $32J pot add /t /ona/lot or unit. Vlolaf$orr Penalty 100% of arrant deposit amount, not to exceed $809.00. $lprt Permit $39.00 Nob /ehome Rant Increase reviews. (appflcabfe to cost o1144ng hcreess reviews only), $231.00 rraffk Model Use Fee (for Model Maintenance) $23400 _ Home Occupation Permit (Reeo/utlon No. J $78.00 Cho 6saN2- Businesses are Nod simulansoudyunderone permit. Separate fee for he 2nd- Bushasa, r ddsd after he orainal parmitis issued.