HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 10JITEM 10' %T-
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL A & __ ,",
AGENDA REPORT
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TO: Honorable City Council _
FROM: Deborah S. Traffenstedt, Administrative Services Director
DATE: September 29, 2005 (CC Meeting of 10/05/2005)
SUBJECT: Consider Professional Services Agreement to Retain
Kenneth Gilbert to Provide Consultant Project Management
Services
BACKGROUND AND DISCUSSION
Attached to this agenda report is a draft professional services
agreement to retain Kenneth Gilbert in a consultant capacity to
assist the City by providing various project management services,
particularly those which are related to capital project development
and construction (reference initial list of projects included in
Exhibit A of the attached Agreement). The professional services to
be provided would also include general administrative tasks of a
public works nature, such as maintenance assessment districts and
underground utility districts.
STAFF RECOMNJENDATION
Authorize the City Manager to approve the Professional Services
Agreement, subject to final language approval by the City Manager
and City Attorney.
Attachment: Draft Agreement
000
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of
, 2005, between the City of Moorpark, a municipal
corporation, hereinafter referred to as "CITY ", and Kenneth
Gilbert, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, CITY has a need for certain project management
services; and
WHEREAS, CITY desires to contract for such services with a
private consultant; and
WHEREAS, City wishes to retain CONSULTANT for the
performance of said services.
NOW, THEREFORE, in consideration of the mutual covents,
benefits and premises herein stated, the parties hereto agree as
follows:
CITY does hereby appoint CONSULTANT in a contractual
capacity to perform the services in accordance with the terms
and conditions hereinafter set forth in Exhibit "A ",
CONSULTANT'S Proposal, which is hereby incorporated herein by
this reference, also with the authorities, and responsibility
ordinarily granted to this type of consultant work.
I. COMPENSATION AND SERVICES
The fees in full compensation to CONSULTANT for the
services rendered, and an initial list of projects for
which services shall be provided, shall be as set forth in
Exhibit "A ", CONSULTANT'S Proposal.
II. TERMINATION
This agreement may be terminated with or without cause by
either party at any time with no less than (10) days
written notice to CONSULTANT by CITY and no less than
thirty (30) days written notice to CITY by CONSULTANT.
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000 -123
In the event of such termination, CONSULTANT shall be
compensated for such services up to the date of
termination. Such compensation for work in progress shall
be limited to actual services performed.
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 CONSULTANT
performing services hereunder for CITY.
B. CONSULTANT is and shall at all times remain as to CITY
a wholly independent contractor. Neither CITY nor any
of its officers, employees, servants, or agents shall
have control over the conduct of CONSULTANT or any of
the Consultant's officers, employees, or agents,
except as herein set forth.
C. At the time of termination of this agreement, all
original documents, designs, drawings, reports, logos,
diskettes, computer files, notes or other related
materials, whether prepared by CONSULTANT or his /her
sub - contractor(s), or obtained in the course of
providing the services to be performed pursuant to
this agreement shall be made available to CITY upon 24
hours notice for duplications and retention of
duplicates.
D. CONSULTANT shall hold harmless and indemnify CITY and
its officers, employees, servants, and agents 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, of CONSULTANT or any of its officers, employees,
or agents in the performance of this agreement, except
such damage as is caused by the negligence of CITY or
any of its officers, employees, servants, agents or
others not under the control of CONSULTANT.
City does not, and shall not, waive any rights that it
may possess against CONSULTANT because of the
acceptance by CITY, or the deposit with CITY, of any
insurance policy or certificate required pursuant to
this agreement. This hold harmless and
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000424
indemnification provision shall apply regardless of
whether or not any insurance policies are determined
to applicable to the claim, demand, damage, liability,
loss, cost or expense.
E. In the event CONSULTANT hires employees other than
officers, then CONSULTANT shall provide workers'
compensation insurance as required by the California
Labor Code. If any class of employees engaged by
CONSULTANT in work under this agreement is protected
by the workers' compensation law, CONSULTANT shall
provide adequate insurance for the protection of such
employees to the satisfaction of the CITY.
F. CONSULTANT shall not assign this agreement or any of
the rights, duties, or obligations hereunder. It is
understood and acknowledged by the parties that
CONSULTANT is uniquely qualified to perform the
services provided for in this agreement.
G. Payment to CONSULTANT 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. CONSULTANT 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.
H. 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
Att: City Manager
799 Moorpark Avenue
Moorpark, CA 93021
To: Kenneth Gilbert
2799 Via Corza
Camarillo, CA 93010
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000425
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.
I. Nothing contained in this agreement shall be deemed,
construed, or represented by CITY or CONSULTANT 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 CITY and CONSULTANT.
J. This agreement constitutes the entire agreement of the
parties concerning the subject matter hereto and all
prior written 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.
K. 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 a party prepared the
agreement or caused it to be prepared.
L. No waiver of any provision of this agreement shall be
deemed, or shall 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.
M. 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.
N. Cases involving a dispute between CITY and CONSULTANT
may be decided by an arbitrator if both sides agree in
In
0 0012E
writing to arbitration and on the arbitrator selected,
with costs proportional to the judgment of the
arbitrator.
O. 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 to herein, shall be filed
in the applicable court in Ventura County, California.
P. 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.
Q. CONSULTANT agrees that he has no interest, nor shall
he acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT
further agrees that he has not contracted with nor is
performing any services directly or indirectly, with
the developer(s) and /or property owner(s) and /or
firm(s) and /or partnerships and /or public agencies
owning property and /or processing an entitlement
application for property in the CITY or its Area of
Interest, and further agrees that he shall provide no
service or enter into any contract with any developer
(s) and /or property owner(s) and /or firms(s) and /or
partnership(s) and /or public agency(ies) owning
property and /or processing an entitlement application
for property in the CITY or its Area of Interest,
prior to completion of the term of this Agreement.
R. CONSULTANT agrees that he shall not provide a
reference or response to personnel and work experience
related inquiries pertaining to any current or prior
employees of City and shall refer all such matters to
the City's Human Resources office.
S. If any portion of this agreement is held by a court of
competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions will
nevertheless continue in full force without being
impaired or invalidated in any way.
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IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for CONSULTANT'S
overall performance of the contract provisions herein above
set forth and to serve as principal liaison between CITY
and CONSULTANT shall be Kenneth Gilbert.
The individual directly responsible for the CITY shall be
the City Manager or his /her designee.
V. EFFECTIVE DATE AND IMPLEMENTATION DATE
Date
The effective date of the agreement shall be October 3,
2005.
CITY OF MOORPARK CONSULTANT
Steven Kueny Kenneth Gilbert
City Manager
S:l
Date
000428
EXHIBIT A
PROPOSAL
Project Management Services
A. Services
The services to be provided by CONSULTANT shall consist of general
administrative tasks related to and required for the development,
implementation and construction of capital improvement projects for the
CITY, and for other general administrative duties. The administrative
services to be provided by CONSULTANT shall be for the management,
administration and coordination of consultant services, utility
requirements, regulatory agency requirements, and other such efforts
necessary to develop project designs, acquire rights -of -way, obtain
permits and otherwise facilitate the completion of tasks prerequisite to the
bid award, and the subsequent administration of construction and
construction -phase professional services contracts for capital
improvement projects. Services may also include general administrative
and coordination efforts related to the development and /or management of
assessment districts, research, report writing, grant applications, and other
similar items typically performed in connection with municipal public works
and engineering functions,
B. Assignments
Assignments shall be provided to CONSULTANT in writing.
C. Monthly Status Reports
CONSULTANT shall provide the CITY a Monthly Status Report listing all
of the active projects assigned to date, the scope and nature of each
project, the scope and nature of the services to be provided for each
project, the work performed during the billing period and the status of the
project development to date.
D. Compensation
1. Hourly Rate: $75.00 [To be increased to $80.00 effective 7/1/20061
2. Maximum hours per calendar year: 960
3. Reimbursable Costs: Actual Cost
4. Travel Within the County: None
ere
000/129
5. Travel Outside the County: None, except that travel hours shall be
billable, provided the travel time is measured from the shorter
distance of either Moorpark or the CONSULTANT'S residence
E. General Provisions
Nature of Services: It is understood that CONSULTANT'S services
are being provided to CITY using the best knowledge, experience
and expertise of the CONSULTANT to expedite project
development and delivery in an efficient and effective manner.
However, CONSULTANT shall not be responsible for the accuracy,
performance, or actions of the CITY, developers, other consultants,
contractors, utilities, other public agencies or any other person(s).
CONSULTANT shall serve in an advisory capacity to the CITY.
2. Insurance: CONSULTANT shall provide the CITY with a Certificate
of Insurance showing proof of automobile liability and property
damage insurance coverage for limits amounts acceptable to the
City. Said Insurance Certificate shall name the CITY as "Also
Insured ". CONSULTANT shall not be required to provide any other
insurance coverage to the CITY.
3. Facilities and Clerical Assistance: CITY shall provide a work space
for CONSULTANT as deemed appropriate and clerical assistance
for access and management of City records related to services
provided by CONSULTANT.
000/.30
W
Exhibit A [Page 3 of 4]
Notes. .*,,*..Primary *Secondary/ Advisory
Project
Description of Services
Account No.
26018310.8002.9601
1 Slurry Seal Project
* Assist in developing scope of work, contract documents and other
efforts necessary to get this project out to bid.
.._...._.
2
.... __.
L. A. Ave.
Widening at
** Coordination of Project Management services being provided by
MNS
2501,8310.8003.9650
Engineering.
Beltramo
3
Princeton Avenue
Widening
__
** Coordination of consultant services being provided by Right -of -Way
Agent
....
2501 .8310.8012.9601
and Civil Design Engineer.
4
.... .......
L A Ave Widening
(Sprig to Mpk)
_
** _..
Coordination of consultant services being provided by
Environmental, Right -of -Way Agent and Civil Design Engineer.
2501.8310.8013.9601
.
5
..........
Spring Road
_
** Coordination of consultant services being provided by Right -of -Way
Agent
2501.8310.8026.9601
gent and Civil Design Engineer.
6
Flinn Widening
** Coordination of project close -out.
2501.8310.8037.9650
7
Spring Rd Rail
Crossing
* Assist in efforts to coordinate consultant services being provided by
Right
2603.8310.8039.9601
; -of -Way Agent and Civil Design Engineer.
8
Moorpark Avenue
Widening
* Assist in the coordination of consultant services being provided by
Environmental
2501.8310.8040.9601
Consultant, Right -of -Way Agent and Civil Design
Engineer.
9
Corporation Yard
** Coordinate consultant services related to the bidding and
2501.8310.8041.9601
subsequent construction of the project.
10
Underground
Utility Dist, #2
* Provide assistance in coordinating fforts of SCE and others,
subsequent
2501.8310.8051.9601
required for the development and implementation of a
new Underground Utility District. Also, assist City staff regarding
tasks required for the formation of a new Underground Utility District.
Pro
11
12
13
O
C4
V
Exhibit A [Page 4 of 4]
MetroLink South
Parking Lot
Access
.. _....
Assessment
Districts
Notes: ** Primary # Secondary/ Advisory
Description of Services
Account No
Assist in efforts to coordinate consultant services being provided by 2603.831008056.9601
Right-of-Way Agent and Civil Design Engineer.
.....
1) Provide assistance as required related to the administration of xxxx.8900.8901.9102
assessment districts.
2) Provide assistance as required related to the formation of new
assessment districts.
......
u n xxxx:
2300: Citywide
2320: Lyon Homes [T5187/T5405]
2321: Shea Homes [T5133]
2322: Pardee Homes: [T5045]
2323: Suncal [T5130]
......._..... ........ ......._...._......_........... _............_......._.. _.........._......_.. ... .......
...... .
General
General administrative services as required.
Administrative
Services
1000.8100.0000.9102