HomeMy WebLinkAboutAGENDA REPORT 2022 1221 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 21, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
G. Consider Agreement with M6 Consulting, Inc. for Construction Management
Services for Tenant Improvements at 323 Science Drive. Staff Recommendation:
Approve agreement with m6 Consulting, Inc., for construction management
services for the City Hall Tenant Improvement project in the amount of $216,455;
authorize the City Manager to approve an additional 10% contingency; and
authorize the City Manager to execute the Agreement subject to final language
approval of the City Manager. (Staff: Jessica Sandifer, Community Services
Manager)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 12/21/2022 Regular Meeting
SUBJECT: Consider Agreement with M6 Consulting, Inc. for Construction
Management Services for Tenant Improvements at 323 Science Drive
BACKGROUND
In October 2021, the City Council authorized the purchase of 323 Science Drive as the
location for a new City Hall. Escrow closed in February 2022, and on February 16, 2022,
the City Council approved an Agreement with SVA Architects, Inc. (SVA) for Architectural
Design Services for the Tenant Improvements. In March 2022, m6 Consulting, Inc. (M6)
was hired to provide pre-design construction management services. The agreement for
these initial services was authorized by the City Manager as the cost of the services were
within the City Manager’s signing authority.
DISCUSSION
M6 is an engineering services company that currently provides land development and
miscellaneous engineering services to the City of Moorpark. They also specialize in
construction management services for tenant improvement projects. Given the City’s
current relationship with M6, their expertise in tenant improvement projects, and the need
to quickly hire a construction management firm to assist City staff with management of
the project, the decision was made to hire M6 for the City Hall project. At the time of the
initial engagement of M6, the scope of the City Hall Tenant Improvement project was
unknown and M6 did not have enough information to provide a proposal for the entire
project. During the initial phase, M6 provided services related to building programming,
stakeholder engagement, conceptual design and space planning development, as well
as, entitlement assistance, budget, value engineering, and schedule development. Now
that the design development drawings have been completed and the project is moving
into the construction document, bidding, and construction phases, M6 is able to provide
a proposal to fit the work scope. To that end, a contract with M6 has been prepared for
construction management services for the remainder of the project tasks.
Item: 10.G.
177
Honorable City Council
12/21/2022 Regular Meeting
Page 2
Under the Agreement, in conjunction with the City’s project manager, M6 will function as
the owner’s representative providing quality control review of the construction and bidding
documents, ensuring that all value engineering items are included; they will provide
bidding assistance including tracking and response of RFI’s relevant to the architectural
and City bidding requirements and review of bids for consistency and accuracy. Once
construction work begins, M6 will manage and review the contractors work on a daily
basis, track and ensure timely response to contractor RFI’s, review and recommendation
of change order requests, schedule management to ensure timely project completion,
and project close out services. M6’s services have been invaluable to staff during the
initial project phase. The cost of M6’s services for the remaining phase of the project is
$216,455, based on a construction schedule through March 2024. Charges for M6’s
services will be billed on a time and materials basis which means that they will only be
paid for the time they spend on the project.
FISCAL IMPACT
As stated, the cost of the additional services is $216,455. There are sufficient funds within
the capital improvement project budget (C0070) to fund these additional services. No
budget amendment is needed.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Economic Development Strategy, Goal 3,
Objective 3.12: “Identify and transition to temporary City Hall location.”
STAFF RECOMMENDATION
Approve agreement with m6 Consulting, Inc., for construction management services for
the City Hall Tenant Improvement project in the amount of $216,455; authorize the City
Manager to approve an additional 10% contingency; and authorize the City Manager to
execute the Agreement subject to final language approval of the City Manager.
Attachment: Agreement with m6 Consulting, Inc.
178
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
M6 CONSULTING, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT, made and effective as of _____________________________________,
between the City of Moorpark, a municipal corporation (“City”) and m6 Consulting, Inc., a
California corporation (“Consultant”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction management services for new City
Hall Tenant Improvements; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated November 2, 2022,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide construction management services, as set forth in Exhibit C. In the
event there is a conflict between the provisions of Exhibit C and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value two hundred sixteen thousand four hundred fifty-five dollars ($216,455) as stated
in Exhibit C, without a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions of this
Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
ATTACHMENT
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persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Robert Woodward, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed two hundred sixteen thousand
four hundred fifty-five dollars ($216,455) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties. The City Manager, if authorized
by City Council, may approve additional work not to exceed ten percent (10%) of the
amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee.
If the City disputes any of Consultant’s fees or expenses, City shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
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If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have thirty (30) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
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inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subconsultants (or any
agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees
and costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part,
the performance of this Agreement by Consultant or by any individual or agency for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the performance
of this Agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
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assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Consultant shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work
Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
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Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
The Contractor covenants that if they or any officer or principal of their firm have
any interests, or if they acquire any interest, directly or indirectly, which will conflict in any
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manner or degree with the performance of their services hereunder, Contractor shall
immediately notify the City, in writing, informing the City of the nature of the contract, prior
to commencing with any work or entering into such contract. If the City determines a
potential conflict of interest, the City may assign any work related to the conflict of interest
to an alternate contractor.
18. NOTICE
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 Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Principal
m6 Consulting, Inc.
4165 E. Thousand Oaks Boulevard, Suite 355
Westlake Village, CA 91362
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 third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
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.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
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. The City and Consultant understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
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 attorneys’ fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
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28. INTERPRETATION OF AGREEMENT
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.
29. WAIVER
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.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK M6 CONSULTING, INC.
__________________________________ __________________________________
Troy Brown, City Manager Robert Woodward, PE, Prinicpal
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
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addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
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not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
X Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 216,455
2. Dollar amount of Subcontract: $ 0
3. Does the total contract amount represent compensation for multiple
documents or written reports? X Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
m6 Consulting, Inc.
__________________________________
______________________
Robert Woodward, PE, Principal Date
193
4165 E. Thousand Oaks Blvd, Suite 355
Westlake Village, California 91362
805 379 1015 Phone
Exhibit “A”
Client Initials _____
November 2, 2022
Ms. Jessica Sandifer
Community Services Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Cost Proposal for Engineering Design Project Management Services
City Hall Tenant Improvement
Dear Ms. Sandifer,
Thank you for the opportunity to provide this Proposal for engineering project management and
owner representation services to the City of Moorpark (City). m6 Consulting (m6) is a client-
focused, service-driven Small Business Enterprise (SBE) that specializes in Owner representation
on higher education, institutional and governmental projects. The m6 team brings an integrated
expertise to the City, with a blended background of program and project management, capital
projects design, development review and construction period services.
As you know, m6 has been providing engineering project management and owner representation
services to the City of Moorpark for the City Hall Tennant Improvement Project through the initial
planning phase of the project. The initial planning phase included project kick-off, programming,
stakeholder engagement, concept design and space plan development management, entitlements,
schematic design and design development, and value engineering, as well as budget and schedule
development. The project budget of $6,550,000 was approved by the City Council on October 19.
It is anticipated that construction drawings and agency approvals will be completed by February
2023, Bidding and Contract award will be completed by July 2023, and Construction will be
completed March 2024.
m6 will continue to provide engineering project management and owner representation services
through the design and construction phase of the project which will include, Construction
Documentation (CD) phase, and Bid and Construction Period Support as well as management of
project requirements, parameters and controls such as agency permitting management, cost report
review, pre-submittal plan review, value engineering, budget and schedule management, project
oversight and controls and client communication and reporting.
We are pleased to provide this proposal, which reflects the capabilities of our uniquely qualified
firm to provide the requested scope of services to the City in connection with the design and
Exhibit C
194
4165 E. Thousand Oaks Blvd, Suite 355
Westlake Village, California 91362
805 379 1015 Phone
Exhibit “A”
Client Initials _____
construction of the newly acquired site to house the City Hall. The Tenant Improvement project
contemplates improvements to an existing 2-story 22,464 square foot building located on 323
Science Drive.
Specifically, the anticipated services during Phase Two includes:
Task 101 – Construction Documentation Phase: m6 will provide engineering project
management and owner representation services associated with management, tracking, and review
of the Construction Documentation of the project’s design phase. m6 will provide design
management through 100% drawing completion. m6 will also provide engineering peer review of
architect’s construction documents and specifications through 100% drawing completion, in
preparation for submittal for plan check for constructability, clarity, and completeness. Our
instructions will be for SVA to coordinate the design disciplines (A, S, E, M, P and other drawings)
based on m6’s fully marked up red-lined drawings submitted to the A/E team. After plan check,
m6 will ensure that all plan check comments are incorporated into the plan set to be issued for bid
to ensure a smooth bidding process. With a high-quality document and thorough peer review
process, we will have gone a long way toward managing potential changes and resulting contractor
claims. m6 will also review the opinions of probable cost (estimates) and ensure that the details of
the required work are reflected in the specifications and participate in value engineering exercises
to reduce the overall project cost. Our reviews will be oriented towards not only program, budget
and schedule but making value-based decisions on long-term investments. This task also includes
attendance at all meetings associated with this phase including meetings with SVA Architects,
SVA consultants and participation in stakeholder engagement and management meetings in
coordination with City staff and associated electronic and telephonic communication.
A total of 323 hours is allocated to this Task.
Task 102 – Bid and Award Phase: m6 will provide engineering project management and owner
representation services associated with the bid and contract award phases of the project. This task
includes participation and management in pre-bid conferences, review of invitation to bid and all
bid documents; management of bidding process including tracking, coordinating and reviewing
RFI requests and distributing to the architect or City as appropriate, for response, and compiling
and transmitting responses back to bidding contractors. m6 will also review received bids to ensure
completeness and accuracy and provide recommendations for selection of contractor.
A total of 120 hours is allocated to this Task.
Task 103 – Construction Phase: m6 will provide engineering project management and owner
representation services associated with the construction phase of the project. During construction,
195
4165 E. Thousand Oaks Blvd, Suite 355
Westlake Village, California 91362
805 379 1015 Phone
Exhibit “A”
Client Initials _____
m6 will track and review all required submittals and RFIs and distribute documents to the design
team for review and response. m6 will prepare and track responses to RFIs and submittals to
distribute back to the contractor. m6 will participate in the weekly construction meetings and
perform weekly site visits, or as needed to document work completed. m6 will review change
order submittals for necessity and cost. Once construction is complete, in collaboration with the
architect’s team, m6 will perform a final walk through and create a final punch list that incorporates
the Architect’s comments and any City comments and provide the punch list to the contractor and
track and ensure completion of all punch list items. Additionally, in collaboration with the
architect’s team, m6 will review as-built drawings and project closeout documents including
warranty and maintenance manuals, provided by the Contractor to ensure all change order and
field revisions are accurately captured on the plans.
A total of 720 hours is allocated to this Task.
A reimbursable budget has been established for this project, to allow for mileage, reproduction,
and other incidental items.
Efforts associated with the above Tasks are based on estimates of hours and based on the current
project schedule provided by the architect. Anticipated efforts related this Scope of Work (Exhibit
“A”) at various staff levels and associated hourly rates are summarized in the following
compensation section (Exhibit “B”). Assumptions of efforts and related hourly distribution across
staffing levels are approximate based on a total project cost of $6,550,000 and may change based
on final total project cost and schedule, and associated efforts.
Should you have any questions or require additional information for your review, please feel free
to call me at (805) 379-1015.
Sincerely,
m6 Consulting, Inc.
Masoud Mahmoud, PE
Principal
196
4165 E. Thousand Oaks Blvd, Suite 355
Westlake Village, California 91362
805 379 1015 Phone
Exhibit “B”
Client Initials _____
EXHIBIT “B”
COMPENSATION
Cost Proposal for Project Management Services
City Hall Tenant Improvement
City agrees to compensate Consultant for such services as follows:
On an hourly basis, the Tasks outlined in Exhibit “A” above, and per the enclosed staff hours
(Exhibit “C”). Staff will be billed based on their functional classification and corresponding
hourly rate, as approved by the City.
TASK DESCRIPTION FEE
101 Design Phase $57,475.00
102 Bid and Award Phase $22,200
103 Construction Phase $133,200
Reimbursable Allowance $3,500.00
Total Fee: $216,455.00
197
Principal Project Project Project Project Designer RE Admin. Reimb. Total Total
Eng Director Manager Eng. Designer I CM Clerical Exp Hours Fee
Rate $225 $195 $165 $150 $120 $110 $150 $64 $0 ($)
Task 101 Design Phase 16 32 48 $8,880
Review of Construcion PS&E
(35%, 75%, 90%, 100%)55 220 275 $48,675
Task 102 Bid and Award Phase 40 80 120 $22,200
Task 103 Construction Phase 240 480 720 $133,200
Sub Total Hours 351 0 812 0 0 0 0 0 0 48
Total $78,975 $0 $133,980 $0 $0 $0 $0 $0 $0 $212,955
$3,500
Note:216,455.00
EXHIBIT "C" PROPOSED HOURS AND STAFF ALLOCATION
Prepared By: Masoud Mahmoud
Date: November 2, 2022
Project: City Hall Tenant Improvement Project Management
m6
Reimbursable
Total
Position
198