HomeMy WebLinkAboutAGENDA REPORT 1994 1109 CC ADJ ITEM 07FTO:
FROM:
DATE:
N D A R E P O R T
OW�7C TY OF MOORPARK
ITEM •
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The Honorable City Council
Jaime R. A g uilera, Director of Community Development
October 12, 1994 (CC Meeting of October 19, 1994)
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND
BING YEN AND ASSOCIATES, INC., FOR THE PROVISION OF
ENGINEERING GEOLOGICAL AND GEOTECHNICAL ENGINEERING
SERVICES
BACKGROUND
On June 1, 1994, the City Council authorized the circulation of a
Request for Proposals (RFP) for the hiring of a private consultant
firm to provide engineering geological and geotechnical engineering
services. These services would include review of development
project engineering geology and geotechnical engineering reports,
review of environmental impact reports along with legal testimony,
investigation of geotechnical related failures on City property,
emergency field review of failures during storm periods, and
landslide monitoring and maintenance.
The purpose of this staff report is to receive authorization for
the Mayor to sign a contract with the consulting company
recommended by staff.
DISCUSSION
The RFP was circulated from June 9 to July 15, 1994. The RFP was
sent to six consulting firms. Two proposals were received; one
from RJR Engineering Group and the other from Bing Yen and
Associates, Inc. The reasons for receipt of only two proposals are
as follows: First, the required insurance coverage (1) financially
prohibits smaller consulting firms from submitting a proposal.
Some consulting firms felt that the requirement for errors and
omissions was extremely onerous, given that the selected consultant
1 Insurance Requirements:
Public liability, including automobile liability and property
damage insurance in an amount not less that Two Million
Dollars.
Professional liability insurance (errors and omissions) of One
Million per occurrence and annual aggregate.
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The Honorable City Council
October 12, 1994
Page 2
would be conducting third party review, and would be recommending
a course of action to the City; thus, liability would be minimal,
if any. Secondly, in order to eliminate any potential conflict of
interest, the contract required that the selectedconsultant would
not be able to provide any services to developers proposing to
build within the City of Moorpark. Many firms felt that they were
unwilling to limit who they provide services to, specifically, only
to the City of Moorpark.
On August 22, 1994, the Director of Community Development and
Charles Abbott conducted interviews to consider selecting a
consulting firm. During this interview, it was determined that the
firm of Bing Yen and Associates, Inc., had significantly more
experience and expertise in providing City review services and
provided better responses to the attached interview questions.
Bing Yen and Associates, Inc., has on occasion worked under
contract to Charles Abbott and Associates to provide geologist
services for City of Moorpark projects. The other firm, RJR
Engineering Group, had significantly less overall experience, and
no City of Moorpark experience. Therefore, the interview committee
is recommending the selection of Bing Yen and Associates, Inc., to
provide Engineering Geology and Geotechnical Engineering Services
for the City of Moorpark. The proposals from Bing Yen and
Associates, Inc., and RJR Engineering Group and a copy of the
interview questions have been provided to the City Council under
separate cover.
A requirement of the Bing Yen and Associates, Inc., Agreement is
that they prepare and present to the City Council, for adoption
action, Geologic and Geotechnical Report Standards. This work will
be done by Bing Yen and Associates, Inc., at no charge to the City,
following execution of the Agreement. A draft Agreement is
attached (Attachment 1).
Additional implementing work to be done by the Community
Development Department includes the processing of an amendment of
the Municipal Code Vesting Tentative Map submittal requirements
(Title 16, Section 16.04.020), and an amendment of Resolution
Number 93 -987 to include a fee for the Engineering Geological and
Geotechnical Engineering Report review.
The amendment of Title 16, Section 16.04.020, of the Municipal Code
is required to include the submittal requirements of the
Engineering Geology and Geotechnical Engineering Report for Vesting
Tentative Maps, and a draft ordinance is attached (Attachment 2).
It is staff's opinion that the City's Subdivision Ordinance does
not need to be amended at this time to include the Engineering
Geology and Geotechnical Engineering Report requirement for all
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The Honorable City Council
October 12, 1994
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tentative maps, since a tentative map may be modified upon receipt
of report information, in order to obtain a Final Map. Also, staff
could require preparation of an Engineering Geology and
Geotechnical Engineering Report for any tentative map in
conjunction with the California Environmental Quality Act clearance
process, if there is a potential for a significant environmental
impact. For example, staff would require such a report for a
property that has a known landslide area that could affect the lot
design.
Staff is requesting City Council authorization to initiate an
amendment of Title 16, Section 16.04.020 of the Municipal Code,
pertaining to submittal requirements for Vesting Tentative Maps.
The attached draft ordinance will be forwarded to the City Attorney
for review.
RECOMMNDATIONS
1. Authorize the Mayor to sign an Agreement with Bing Yen and
Associates, Inc., for the provision of Engineering Geological
and Geotechnical Engineering services (see Attachment Number
2); and
2. Initiate an amendment of Title 16 (Subdivisions), Section
16.04.020 (entitled Additional Submittals), to include the
requirements for an Engineering Geological and Geotechnical
Engineering Report for Vesting Tentative Maps (see Attachment
Number 2),and direct staff to obtain City Attorney review of
the draft ordinance; and
3. Instruct staff to amend Resolution Number 93 -987 to include a
fee for Engineering Geological and Geotechnical Engineering
review, which will include the City's administrative cost; and
4. Instruct staff to present the consultant prepared Geologic and
Geotechnical Report Standards to the City Council for adoption
action, after the staff review is completed.
Attachments:
1. Draft Ordinance
2. Agreement for Service
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ATTACHMENT NUMBER 1
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AGREEMENT FOR ENGINEERING GEOLOGICAL AND
GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of
1994, 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 Bing Yen and
Associates, Inc., a California Corporation, hereinafter referred to
as "Contractor."
W I T N E S S E T H
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
provide such services in a manner acceptable to the City; and
Whereas, Contractor 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, 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 consideration 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.
I. SCOPE OF WORK
The services to be rended by Contractor shall be those tasks
as generally described in Exhibit "A ", the Proposal.
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Contract for Service
August 31, 1994
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II.
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 the provisions of Subsection IV.M 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. This
Agreement may be terminated by Contractor only by providing
City with written notice no less than ninety (90) days in
advance of such termination. 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 completed at the date of termination or
suspension.
IV. GENERAL CONDITIONS
A. Contractor shall agree not to 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 hereunder 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 control over the conduct of Contractor or of
Contractor's officers, employees or agents, except as
herein set forth. Contractor shall not at any time or in
any manner represent that it or any of its officers,
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Contract for Service
August 31, 1994
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employees or agents are in any manner employees of the
City. Nothing contained in this Agreement shall be
deemed, construed, or represented by the City or
Contractor 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 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 to be applicable to the claim, demand, damage,
liability, loss, cost or expense described in Paragraph
E hereof.
F. Contractor 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
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Contract for Service
August 31, 1994
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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
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 Contractor 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. Contractor shall give City thirty (30)
days written notice prior to the expiration of such
policy.
4. Be written on an Occurrence Basis.
G. Consistent with the provisions of Paragraph F, Contractor
shall provide general public liability including
automobile liability and property damage insurance in an
amount not less than Two Million dollars ($2,000,000.00)
per occurrence and annual aggregate.
H. Consistent with the Provisions of Paragraphs F.2 and F.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
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Contract for Service
August 31, 1994
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coverage 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 Million Dollars ($1,000.000.00) to another public
agency client and offer the same coverage to City at
City's expense.
I. 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 the workers` compensation
law, Contractor shall provide adequate insurance for the
protection of such employees to the satisfaction of the
City.
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 July 15, 1994,
is hereby incorporated into this Agreement. Where said
Proposal is modified by this Agreement, or in the event
there is a conflict between the provisions of said
proposal and this Agreement, the language contained 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
questioned, and further, upon request of City, shall
provide City with any and all documents related to any
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:
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Contract for Service
August 31, 1994
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To: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Mr. Greg Silver
Bing Yen and Associates, Inc.
39 Musick Avenue
Irvine, CA 92718
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.
N. 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.
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 the 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 binding, 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 in such a proceeding shall include an award
thereof.
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Contract for Service
August 31, 1994
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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 the arbitrator.
S. 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.
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
VI.
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 Mr. Greg Silver. 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
Contractor and City, shall be the Director of Community
Development.
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
day and year first above written in this Agreement.
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Contract for Service
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CITY OF MOORPARK:
By:
Paul W. Lawrason, Jr., Mayor
ATTEST:
By:
Lillian E. Hare, City Clerk
Exhibit:
A. Proposal - dated July 15, 1994
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:
BING YEN AND ASSOCIATES, INC.:
By:
Bing Yen, Principal
00244
ATTACHMENT NUMBER 2
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ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING TITLE 16 (SUBDIVISIONS) SECTION 16.04.020,
ENTITLED ADDITIONAL SIIBMITTALS
WHEREAS, development is beginning to encroach into hillside
areas, thereby warranting the preparation of more detailed
Engineering Geology and Geotechnical Engineering Geology reports;
and
WHEREAS, it is the City's interest to ensure the obtainment of
accurate information in the determination of project information
for Vesting Tentative Tract Maps; and
WHEREAS, the obtainment of additional technical data relative
to Engineering Geology and Geotechnical Engineering Geology will
protect the health, safety, and welfare of the resident of the City
of Moorpark.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Moorpark Municipal Code is hereby amended
by adding item H. to Section 16.04.020 (entitled Additional
Submittals) to Title 16, as follows:
16.04.020 Additional submittals. In residential zones other
than RPD, additional submittals similar to those required in
the RPD zone may be required, depending upon the size,
location, terrain and other factors as determined by the
Director or of Community Development. The application shall
not be deemed complete until all such submittals have been
received. The submittals may be any or all of those listed in
this section:
A. Grading plans;
B. Traffic Analysis;
C. Height, size and location of buildings;
D. Architectural plans;
E. Landscape treatment;
F. Tree analysis;
G. Percolation tests (Ord. 58 Section 2 (part), 1985); and
H. Engineering Geological and Geotechnical Engineering
Report
SECTION 2. If any section, subsection, sentence, clause or
phrase, part or portion of this Ordinance is for any reason held to
be invalid by any court of competent jurisdiction, such decision
shall not effect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause or
phrase, part or portion thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase, part
or portion be declared invalid or unconstitutional.
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SECTION 3. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinance of said City; shall make a minute of the passage
and adoption thereof in the records to the processing of the City
Council at which the same is passed and adopted; and shall, within
fifteen (15) days after the passage and adoption thereof, cause the
same to be published once in the Moorpark News Mirror, a weekly
newspaper of general circulation, as defined in Section 6008 of the
Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED, APPROVED, AND ADOPTED THIS
1994.
Paul W. Lawrason, Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk
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