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Resolution No. 2006 -159
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 15, 2006
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Professional Services Agreement for Project Coordination Services
with PICON for 81 Charles Street. Staff Recommendation: Approve the
Agreement with PICON for rehabilitation of 81 Charles Street, and authorize
the Executive Director to execute all documents, necessary to this transaction.
(Staff: Nancy Burns)
5. CONSENT CALENDAR:
A. Consider Allowing the Executive Director to Make a Purchase Offer Subject to
Agency Board Approval for Real Property Up to $1 000 000. (continued from
March 1, 2006) Staff Recommendation: Allow the Executive Director to make
a purchase offer subject to Agency Board Approval on real property up to
$1,000,000. (Staff: David Moe)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
Redevelopment Agency Agenda
March 15, 2006
Page 2
6. CLOSED SESSION: (continued)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is
a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning
a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or
Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City
Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for
Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion
portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public
Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/
Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of
the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to
the City Clerk at (805) 517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate in this meeting, including auxiliary aids or services, please contactthe City Clerk's Department at (805)
517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior
to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide
accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Moorpark Redevelopment Agency to be held Wednesday, March 15, 2006,
at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on March 10, 2006, at a conspicuous place at the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 10, 2006.
Maureen Benson, Deputy City Clerk
ITEM
4-A.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ACTION:_
A ..
MOORPARK REDEVELOPMENT AGE.....,
AGENDA REPORT --�--
To: Honorable Agency Board of Directors
From: Nancy Burns, Senior Management Analyst
Date: March 2, 2006 (MRA Meeting of March 15, 2006
Subject: CONSIDER APPROVING A PROFESSIONAL SERVICES AGREEMENT
FOR PROJECT COORDINATION SERVICES FOR PICON FOR 81
CHARLES STREET
BACKGROUND
The Redevelopment Agency of the City of Moorpark acquired 81 Charles Street in
February 2004 for $337,500, for affordable housing purposes. With rehabilitation, the
property can be resold as an affordable unit to a low or moderate income household,
through the City's First Time Home Buyer Program, with deed restrictions to maintain
the affordability of the unit, or could serve as replacement housing for other
redevelopment activities.
DISCUSSION
Funds have been budgeted for rehabilitation of this property and for related costs, such
as project coordination. A proposal has been received from PICON for project
coordination services, in a total amount not to exceed Twenty -three Thousand Eight
Hundred Dollars ($23,800.00). Phil Vein is the owner of PICON and will provide the
services under this Agreement. He has previously provided similar services to the City,
including work on the original Arroyo Vista Recreation Center and gym and numerous
park projects.
STAFF RECOMMENDATION
Approve the attached Professional Services Agreement for Project Coordination for
rehabilitation of 81 Charles Street for PICON, and authorize the Executive Director to
execute all documents necessary to this transaction.
Attachment:
Professional Services Agreement for Project Coordination Services at 81 Charles Street
000001
AGREEMENT BETWEEN THE MOORPARK REDEVELOPMENT AGENCY
AND PICON FOR PROJECT COORDINATION AND CONTRACT ADMINISTRATION
SERVICES
This Agreement is made and entered into in the City of Moorpark on this
day of March 2006 by and between the Moorpark Redevelopment Agency ( "AGENCY "),
a public body, corporate and politic, and PICON ( "Project Coordinator ").
WITNESSETH
WHEREAS, AGENCY has received a proposal dated February 28, 2006, from
PROJECT COORDINATOR for project coordination and contract administration
services for the rehabilitation of a single family residence at 81 Charles Street,
Moorpark, California, attached hereto as Exhibit "A "; and
WHEREAS, said residence to be rehabilitated is to provide affordable housing for
a Low or Moderate Income household, through the City's First Time Home Buyer
Program, or as replacement housing for other redevelopment activities; and
WHEREAS, PROJECT COORDINATOR is experienced in providing needed
Project Coordination and Contract Administration services and has the experience and
background to carry out the duties involved.
NOW THEREFORE, in consideration of the mutual covenants, benefits and
promises herein stated, the parties hereto agree as follows:
I. SCOPE OF WORK. AGENCY hereby retains PROJECT
COORDINATOR in a contractual capacity to perform the consulting and coordination
services as set forth in Exhibit "A ", attached hereto and hereinafter referred to as the
"PROPOSAL ". Where said PROPOSAL is modified by this Agreement, or in the event
there is a conflict between the provisions of PROPOSAL and this Agreement, the
language contained in this Agreement shall take precedence. In the event that
additional work is required of PROJECT COORDINATOR, beyond the Scope of Work
for this Agreement, PROJECT COORDINATOR may be authorized to undertake and
complete such additional work only if such authorization is provided in writing,
identifying the exact nature of the additional work required and a "not -to- exceed" fee to
be paid by AGENCY for said additional work.
II. COMPENSATION. For furnishing services as specified in this
Agreement for one single family dwelling, AGENCY shall pay and PROJECT
Professional Services Agreement between Page 1 of 7
Moorpark Redevelopment Agency and PICON
000002
COORDINATOR shall receive as full compensation a total sum not to exceed Twenty -
three Thousand Eight Hundred Dollars ($23,800) as shown in PROPOSAL.
Payment to PROJECT COORDINATOR shall be made within thirty (30)
days after submittal of an original invoice and supplementary documentation, if
applicable, unless contested or questioned by AGENCY. If AGENCY identifies a
discrepancy between the invoice amount and the services completed, AGENCY shall
within fifteen (15) workdays of receipt of the invoice specify in writing the discrepancy.
PROJECT COORDINATOR shall then either 1) provide support materials to satisfy
AGENCY - stated discrepancy, or 2) revise the invoice to reflect stated discrepancy.
AGENCY shall then pay the revised or documented invoice within thirty (30) days of
such revision or documentation.
Ill. INCORPORATION BY REFERENCE. All exhibits herein referenced are
hereby incorporated into and made a part of the Agreement.
IV. TERM. The term of this Agreement shall be from the date this Agreement
is made and entered, as first written above, until the completion of services and
acceptance by AGENCY of the deliverable products and services as specified in the
Final Scope of Work included as attached Exhibit "A ".
V. TERMINATION OR SUSPENSION. This Agreement may be
terminated or suspended by PROJECT COORDINATOR only for breach of contract by
AGENCY and upon thirty (30) days written notice. AGENCY may terminate this
Agreement with or without cause at any time with no less than ten (10) days written
notice of such termination or suspension, in which case PROJECT COORDINATOR
shall be entitled to receive compensation for the reasonable value of the PROJECT
COORDINATOR's services performed through the termination date. Furthermore, if,
during the term of this Agreement, AGENCY determines that PROJECT
COORDINATOR is not faithfully abiding by any term or condition contained herein,
AGENCY shall provide PROJECT COORDINATOR with written notice thereof. Said
notice must give PROJECT COORDINATOR a 48 -hour notice of time thereafter in
which to perform said work or cure the deficiency. If PROJECT COORDINATOR has
not performed the work or cured the deficiency within the time specified in the notice, or
if a similar failure to perform or deficiency is repeated, such shall constitute a breach of
this Agreement and AGENCY may terminate this Agreement immediately by written
notice to PROJECT COORDINATOR to said effect. In said event, PROJECT
COORDINATOR shall be entitled to the reasonable value of its services performed up
to the day it received AGENCY's Notice of Termination, minus any offset from such
payment representing AGENCY's damages from such breach. Failure of PROJECT
COORDINATOR to provide AGENCY exhibits, drawings, documents, charts, graphs,
and other material which meets or exceeds reasonable professional standards and in a
Professional Services Agreement between Page 2 of 7
Moorpark Redevelopment Agency and PICON
000003
timely manner shall cause damages which are unascertainable at the inception hereof,
entitling AGENCY to offset any payments due on the contract in the form of liquidated
damages not exceeding the balance due on the contract, and not as a penalty.
AGENCY reserves the right to delay any post- termination payment until
completion or confirmed abandonment of the project, as may be determined in
AGENCY's sole discretion, so as to permit a full and complete accounting of costs. In
no event shall PROJECT COORDINATOR be entitled to receive in excess of the
compensation quote in its proposal /bid.
VI. ASSIGNMENT /SUCCESSORS. PROJECT COORDINATOR shall
not assign this Agreement or any of the rights, duties or obligations hereunder. It is
understood and acknowledged by the parties that PROJECT COORDINATOR is
uniquely qualified to perform the services provided in this Agreement.
VII. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be of any
force or effect, nor shall any such oral agreement, understanding, or representation be
binding on the parties hereto.
VIII. CAPTIONS. The captions of the various sections of this Agreement are
for convenience and identification only and shall not be deemed to limit or define the
content of the respective sections hereof.
IX. TIME OF PERFORMANCE. Time is of the essence in this
Agreement.
X. ANTI - DISCRIMINATION. In the performance of the terms of this
Agreement, PROJECT COORDINATOR agrees that it will not engage in, nor permit
such subcontractors as it may employ, to engage in discrimination in employment of
persons because of the age, race, color, creed, sex, sexual orientation, national origin,
ancestry, religion, physical disability, medical disability, medical condition, or marital
status of such persons. Violation of this provision may result in the imposition of
penalties referred to in the Labor Code of the State of California Section 1735.
XI. PROJECT DOCUMENTS. At the earlier time of 1) termination of
this Agreement or 2) conclusion of all stages of work, all original documents, designs,
drawings, reports, calculations, notes, and other related materials, whether prepared by
PROJECT COORDINATOR or his consultant(s) or obtained in the course of providing
Professional Services Agreement between Page 3 of 7
Moorpark Redevelopment Agency and PICON
000004
the services to be performed pursuant to this Agreement shall become the sole property
of AGENCY and shall be delivered to AGENCY on demand.
XII. RETENTION OF RECORDS. PROJECT COORDINATOR agrees to
retain all pertinent records relating to the performance of tasks identified in this
Agreement for a period of at least three (3) years from the issuance of a Final
Occupancy Certificate for the dwelling to be rehabilitated. If, at the end of such three (3)
year period, there is ongoing litigation or an audit involving PROJECT
COORDINATOR's or AGENCY's records, PROJECT COORDINATOR shall retain said
records until the resolution of such litigation or audit. AGENCY will notify PROJECT
COORDINATOR in writing, within five (5) working days, of the initiation of any litigation
against or audit of AGENCY or PROJECT COORDINATOR for the services described
herein.
XIII. VENUE. This Agreement is made, entered into, and executed in
Moorpark, Ventura County, California, and any action filed in any court of law for
arbitration of the interpretation, enforcement and /or otherwise of the terms, covenants
and conditions referred to herein shall be filed in the applicable court in Ventura County,
California.
XIV. 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 grounds that the party prepared the Agreement or caused it to be prepared.
XV. 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.
XVI. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law
establishes a professional standard of care for PROJECT COORDINATOR's Services,
to the full extent permitted by law, PROJECT COORDINATOR shall indemnify, protect,
defend and hold harmless AGENCY 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 attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error or omission of PROJECT
COORDINATOR, its officers, agents, employees, subconsultants, contractors and
subcontractors (or any entity or individual that PROJECT COORDINATOR shall bear
the legal liability thereof) in the performance of professional services under this
Agreement.
Professional Services Agreement between Page 4 of %
Moorpark Redevelopment Agency and PICON
000005
XVII. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY.
Other than in the performance of professional services and to the full extent permitted
by law, PROJECT COORDINATOR shall indemnify, defend and hold harmless
AGENCY, 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 attorneys 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 PROJECT COORDINATOR or by any individual or
entity for which PROJECT COORDINATOR is legally liable, including but not limited to
officers, agents, employees, subconsultants, or contractors and subcontractors of
PROJECT COORDINATOR.
XVIII. GENERAL INDEMNIFICATION PROVISIONS. PROJECT
COORDINATOR agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant,
contractor and subcontractor, or any other person or entity involved by, for, with, or on
behalf of PROJECT COORDINATOR in the performance of this agreement. In the event
PROJECT COORDINATOR fails to obtain such indemnity obligations from others as
required here, PROJECT COORDINATOR agrees to be fully responsible according to
the terms of this section. Failure of AGENCY to monitor compliance with these
requirements imposes no additional obligations on AGENCY and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set
forth here is binding on the successors, assigns or heirs of PROJECT COORDINATOR
and shall survive the termination of this agreement or this section.
AGENCY does not and shall not waive any rights that it may have against
PROJECT COORDINATOR by reason of this Section, because of the acceptance by
AGENCY, or the deposit with AGENCY, 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
Paragraphs XVI and XVII of this Agreement.
XIX. INSURANCE. PROJECT COORDINATOR shall maintain prior to the
beginning of and for the duration of this Agreement insurance coverage as specified in
Exhibit "B" attached to and part of this agreement.
Professional Services Agreement between Page 5 of 7
Moorpark Redevelopment Agency and PICON
00'006
XX. NOTICE All written notices to the parties hereto shall be sent by
United States mail, postage prepaid, by registered or certified mail and addressed as
follows:
AGENCY: Moorpark Redevelopment Agency
Attention: Executive Director
799 Moorpark Avenue
Moorpark, CA 93021
PROJECT COORDINATOR: Phil Vein
PICON
Post Office Box 260885
Encino, California 91426
XXI. AUTHORITY TO EXECUTE AGREEMENT AGENCY and PROJECT
COORDINATOR covenant that each individual executing this Agreement on behalf of
each party is a person duly authorized and empowered to execute agreements for such
party.
XXII. CONFLICT OF INTEREST Neither PROJECT COORDINATOR nor
any employees, agents or subcontractors of PROJECT COORDINATOR who will be
assigned to this project, to the best of PROJECT COORDINATOR's knowledge, own
any property or interest in properties, business relationships or sources of income which
may be affected by the performance of this Agreement. Should either party hereto learn
of any such interest, income source or business relationship, such fact shall
immediately be brought to the attention of the other party hereto. If the parties
thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may
terminate the Agreement immediately.
XXIII. INSURANCE AND INDEMNIFICATION. PROJECT COORDINATOR shall
hold harmless, indemnify and defend AGENCY and its officers, employees, servants
and agents, and independent contractors who serve in the role of Executive Director or
Assistant Executive Director 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 PROJECT COORDINATOR, in any way connected with the performance
of this Agreement, except such damage as is caused by the negligence of or any of its
officers, employees, servants or agents.
AGENCY does not, and shall not, waive any rights that it may have against
PROJECT COORDINATOR because of the acceptance by AGENCY, or the deposit
with AGENCY, of any insurance policy or certificate required pursuant to this
Agreement. This hold harmless and indemnification provision shall apply regardless of
Professional Services Agreement between Page 6 Of 7
Moorpark Redevelopment Agency and PICON
00000'7
whether or not said insurance policies are determined to be applicable to the claim,
demand, damage, liability, loss, cost or expense described herein.
XXIV. GENERAL CONDITIONS The AGENCY 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 PROJECT COORDINATOR performing services under this
Agreement.
XXV. INDEPENDENT CONTRACTOR. PROJECT COORDINATOR is and shall
at all times remain, as to AGENCY, a wholly independent contractor. Neither AGENCY
nor any of its officers, employees, consultants, servants or agents shall have control
over the conduct of PROJECT COORDINATOR or of PROJECT COORDINATOR's
officers, employees, or agents, except as herein set forth. PROJECT COORDINATOR
shall not at any time or in any manner represent that he or any employee or agent under
his direction is in any manner an employee of AGENCY.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
MOORPARK REDEVELOPMENT AGENCY PROJECT COORDINATOR
Steven Kueny Phil Vein
Executive Director PICON
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
Exhibit "A" Proposal for Services
Exhibit "B" Insurance Requirements
Professional Services Agreement between Page 7 of 7
Moorpark Redevelopment Agency and PICON
000008
EXHIBIT A
Redevelopment Agency of the
City of Moorpark
UPGRADES AND RENOVATIONS TO A HOUSE
AT 81 CHARLES ST., MOORPARK, CALIFORNIA
PROPOSAL FOR PROJECT COORDINATION AND
CONTRACT ADMINISTRATION SERVICES
PICON
Philip H. Vein, President
Project Coordination
Contract Administration
License #204253 (818) 501 -5867 P.O. Boa 260885
Encino, California 91426
Submitted February 28, 2006
000009
UPGRADES AND RENOVATIONS TO A HOUSE
AT 81 CHARLES ST., MOORPARK, CLAIFORNIA
PROPOSAL
TABLE OF CONTENTS
Page
Scope of Work — Phase I — Pre — Construction ..... ............................... 3
Notto Exceed Fees Phase I ............................. ............................... . 4
Scope of Work — Phase II - Construction/Close Out ........................... 4
Notto Exceed Fees Phase II ............................... ............................... 5
GrandTotal — Fees ............................................ ............................... 5
BidClarifications ............................................... ............................... 5 -7
2/28/06
2
000010
Ms.Nancy Burns
Senior Management Annalsit
799 Moorpark Ave
Moorpark, California, 93021 PROPOSAL
Dear Ms. Burns,
We have reviewed the information available at this time, visited the site and based upon the
that informantion, submit the following proposal and Not to Exceed Fee Schedule for project
coordination and contract administration for upgrades and renovations to a house at 81 Charles
St., Moorpark, California, for the Redevelopment Agency of the City of Moorpark, California.
Phase I— Pre - Construction — Scone of Work
1. Assist in preparation of a budget for the project.
2. Assist in evaluating proposals from Agency's Consultants & preparation of Consultant's
scope of work..
3. Visit site with Staff and Agency's Consultants who will work with Agency to establish color
and material selection and job specifications.
4. Assist in preparing scope of work for General Contractor.
5. Coordinate completion of and review and critique construction and bid documents.
6. Work with Agency to customize "front end" documents, bid documents, forms and project
manual.
7. Coordinate bidding and assist in negotiating with Contractors.
8. Evaluate bid results and Qualifications of Contractor.
9. Testify as necessary in pre -bid Public Hearings (3 hearings maximum)
10. Set up and maintain job files at the Agency's offices.
11. Review & update pre - construction schedule provided by Agency.
12. Coordinate inclusion of alternates (if any) in the bid documents.
13. Attend pre -bid staff meetings.
3
000011
Phase I — Pre - Construction Costs:
Estimated time: 6 weeks
@ 12 hrs/ week (average) = 72 hours
@$85.00/hr = (not to exceed)= $6,120.00
PHASE I, NOT TO EXCEEED PRICE: $6,120.00
Phase II — Construction/Close Out — Scope of Work
• Review, comment and provide recommendations regarding the contractor's proposed
construction schedule and schedule of values.
• Schedule minimum bi- weekly construction meetings and visit field operations three times
per week.
• Coordinate with Contractor, Consultants, and Agency to expedite the Project & maintain
progress.
• Monitor approved construction costs; review and approve all payment requests including
proper releases and record keeping.
• Analyze & prepare draft answers to claims & prepare change orders as necessary
• Collect and maintain records for the Project including, but not limited to, submittals, RFI'S
and other pertinent documents.
• Monitor and report on contractors performance in accordance with the contract documents.
• Develop and maintain record keeping and documentation system for the Project, including
forms. Records and documents to be kept at Agency.
• Review and work with City on course of action should contract requirements not be fulfilled.
• Conduct quality control observations of, the Project after conclusion of the construction
phase related to Certificate of Occupancy.
• Provide general coordination of the technical and administrative elements of the Project from
initial date of contract through close -out of the Projects include assistance in preparation of
punchlists and close -out items.
• Testify as necessary in Public hearings, with regard to the project. Three Public Hearings are
included. Arbitrations and/or legal proceedings are not included and will be charged at our
hourly rate.
• Set up and maintain line of communications with all parties.
• Collect and file close -out items and coordinate final payment and final releases.
4
000012
Phase II — Construction & Close Out -Costs
Estimated Time:
3 months = 13 weeks
@ 16 hr /wk (average) = 208 hours
@ $85.00/hr = (not to exceed) $17,680.00
Phase II Total - NOT TO EXCEED PRICE: $17,680.00
TOTAL NOT TO EXCEED PRICE: $23,800.00
Estimated hours include travel time — Encino to Moorpark — Round Trip @1.34 hrs.
• Our Hourly rate is $85.00 per hour for Principal, Philip H. Vein.
• Does Not include E &O Insurance. see proposal clarifications
This proposal is a NOT TO EXCEED amount based upon actual time spent and backed up by
DETAILED MONTHLY STATEMENTS showing date, work performed, people called,
meetings and hours spent. If less time is needed, the SAVINGS ACCRUE TO THE CITY.
The hours are estimated based upon information available a this time and assuming that the
Agency's Consultants color and material specifications will be reasonably complete, and that the
Contractor performs his/her work in a timely manner, according to the construction Schedule
Contract documents and that no major or unusual delays, changes, disputes or claims are
encountered.
Clerical is $45/hr. However, the Agency may elect to furnish clerical, in which case no charge
would be made. THIS HAS BEEN THE CASE WITH THE CITY OF MOORPARK.
When we are in the area for other clients, travel time will be shared proportionately.
Philip Vein will be the only representative of Picon during the work under this contract.
CLARIFICATIONS
INSURANCE
The pricing INCLUDES THE COST OF GENERAL LIABILITY INSURANCE. Because of our
low exposure rates, disclaimers and the nature of our services, OUR CLIENTS DO NOT
REQUIRE, and, the carriers generally will not write, E &O insurance unless we or a staff
member are licensed as an Architect, Engineer (and the like) and directly involved in the actual
TECHNICAL DESIGN of the project.
If it can be obtained, the cost of this E &O insurance and deductible (in the event of a claim),
WOULD BE ADDED to our contact price and the first year premiums paid to us at the time
insurance would be required. Deductibles are typically very high and would be paid by Agency
in the event of a claim.
5 000013
Major liability and E &O insurance is required by the contract documents and provided by the
design professionals. The General Contractor provides additional liability
insurance, naming the Agency as additional insured.
E &O insurance is primarily for those professionals involved in the technical design of the
product, such as soils engineers, architects, electrical, HVAC mechanical and structural
engineers, landscape architects and those involved in choosing methods, materials and designs.
Our services consist of observation, reporting, administration and advisory. We are not serving
as an Inspector or in a Supervisory capacity. We are using our best knowledge and expertise
but are not responsible for the performance or actions of anyone not under our control. There is
only 1 representative of Picon.
Our clients are protected by including indemnity, liability, and E &O insurance in all of the
professional's contracts. The professionals also obtain like insurance from their consultants. This
insurance and indemnity names the Agency as additional insured.
Picon does not own or hire any vehicles.
Workman's Compensation is not required since only an officer will represent us on this project
and there are no non - officer employee's of Picon.
OTHER CLAIRFICATIONS
• Our services will be provided using our best knowledge and expertise to expedite the project
and to protect the Agency's interests. However, we are not responsible for the accuracy,
performance or actions of the Owner, Owner's consultants, Contractors, Agents or any other
person(s) or entities not under our control.
We are not serving as an Inspector or in a Supervisory capacity. We are serving in an
advisory and reporting capacity only and all final decisions will be made by the Agency.
Picon and it's Officers and Employees are not Attorneys and assistance in the preparation or
enhancement of any documents is provided using our best knowledge and expertise. There is
no guarantee that any of our recommendations would withstand legal challenge.
• The Agency may accept, reject or correct any reports, recommendations or documents
proposed by Picon. The Agency will make and be responsible for decisions on all matters.
• Audit of certified payroll or field wage interviews are not a part of scope of work. We will
receive and file all required documents.
• Coordination of correction of items discovered after occupancy or maintenance items are not
included in our fees.
• Fees will not exceed the overall total but may vary within the categories.
6
000014
• This proposal is to be incorporated into the final contract by reference and, except in the
event of a conflict between the Agreement and this Proposal, this Proposal is to take first
precedence.
Based upon our previous experience with the City of Moorpark, we are confident, we can
mutually agree upon terms and conditions of an a Agreement with the Redevelopment Agency.
The key to assuring a successful project lies with the effective coordination of the many
consultants and phases of construction and other related efforts. Our 45 years (plus) of industry
experience, and recent successful completion of 25 public projects, of many types, demonstrates
that we are well qualified to provide the degree of coordination and administration necessary for
successful completion of the project.
We have enjoyed an excellent relationship with the City of Moorpark on 9 projects where the
ratio of extras, including Owner generated changes was less than 1.75% of the General Contract
and we were under our not to exceed fees on most of the projects. We would welcome the
opportunity to work with the City's Redevelopment Agency. We appreciate the opportunity to
offer this proposal and thank you for your consideration.
Respectfully submitted,
-
V
PICON
Philip H. Vein, President
7 000015
EXHIBIT "B"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, PROJECT
COORDINATOR will maintain insurance in conformance with the requirements set forth
below. PROJECT COORDINATOR will use existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set forth here.
PROJECT COORDINATOR agrees to amend, supplement or endorse the existing
coverage to do so. PROJECT COORDINATOR 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 AGENCY in excess of the limits
and coverage required in this agreement and which is applicable to a given loss, will be
available to AGENCY.
PROJECT COORDINATOR shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "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.
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 that $1,000,000 per accident. If PROJECT COORDINATOR owns no
vehicles, this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If PROJECT COORDINATOR or PROJECT
COORDINATOR's employees will use personal autos in any way on this project,
PROJECT COORDINATOR shall provide evidence of personal auto liability coverage
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.
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. Best rating of A- or better
and a minimum financial size VII.
Professional Services Agreement between Page 8 -1
Moorpark Redevelopment Agency and PICON
000016
General conditions pertaining to provision of insurance coverage by PROJECT
COORDINATOR -- PROJECT COORDINATOR and AGENCY agree to the following
with respect to insurance provided by PROJECT COORDINATOR:
1. PROJECT COORDINATOR agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds AGENCY, its officials, employees, servants, agents, and
independent consultants ( "Agency indemnities "), using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. PROJECT
COORDINATOR also agrees to require all contractors and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit PROJECT COORDINATOR, or PROJECT
COORDINATOR's employees, or agents, from waiving the right of
subrogation prior to a loss. PROJECT COORDINATOR agrees to waive
subrogation rights against AGENCY 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 PROJECT COORDINATOR
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 AGENCY or its operations limits the application
of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to AGENCY and approved of 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 any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the AGENCY, as the need arises.
PROJECT COORDINATOR shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery
period) that may affect AGENCY's protection without AGENCY's prior
written consent.
Professional Services Agreement between
Moorpark Redevelopment Agency and PICON
Page 8 -2
000017
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 PROJECT COORDINATOR's general
liability policy, shall be delivered to AGENCY 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 at any time and no
replacement coverage is provided, AGENCY 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 AGENCY shall be charged to and promptly paid by PROJECT
COORDINATOR or deducted from sums due PROJECT COORDINATOR,
at AGENCY option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
AGENCY of any cancellation of coverage. PROJECT COORDINATOR
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 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 PROJECT COORDINATOR or any
subconsultant, is intended to apply first and on a primary, non - contributing
basis in relation to any other insurance or self insurance available to
AGENCY.
10. PROJECT COORDINATOR agrees to ensure that subcontractors, and
any other party involved with the project, who is brought onto or involved
in the project by PROJECT COORDINATOR, provide the same minimum
insurance coverage required of PROJECT COORDINATOR. PROJECT
COORDINATOR 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. PROJECT
COORDINATOR agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to
AGENCY for review.
11. PROJECT COORDINATOR 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, or other entity or person in any way involved in the
Professional Services Agreement between
Moorpark Redevelopment Agency and PICON
Page 8 -3
performance of work on the project contemplated by this agreement to
self- insure its obligations to AGENCY. If PROJECT COORDINATOR's
existing coverage includes a deductible or self- insured retention, the
deductible or self- insured retention must be declared to the AGENCY. At
that time the AGENCY shall review options with the PROJECT
COORDINATOR, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or
other solutions.
12. The AGENCY reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving
the PROJECT COORDINATOR ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the
CONSULTANT, the AGENCY will negotiate additional compensation
proportional to the increased benefit to AGENCY.
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. PROJECT COORDINATOR acknowledges and agrees that any actual or
alleged failure on the part of AGENCY to inform PROJECT
COORDINATOR of non - compliance with any insurance requirement in no
way imposes any additional obligations on AGENCY nor does it waive any
rights hereunder in this or any other regard.
15. PROJECT COORDINATOR will renew the required coverage annually as
long as AGENCY, 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 AGENCY executes a
written statement to that effect.
16. PROJECT COORDINATOR 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 PROJECT
COORDINATOR'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
r- roressional Services Agreement between
Moorpark Redevelopment Agency and PICON
Page 8 -4
000019
be provided to AGENCY within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of PROJECT COORDINATOR under this agreement.
PROJECT COORDINATOR expressly agrees not to use any statutory
immunity defenses under such laws with respect to AGENCY, 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 with or impairs the provisions of this Section.
21. PROJECT COORDINATOR agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves
the right to charge AGENCY or PROJECT COORDINATOR for the cost of
additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to AGENCY. It is not the intent
of AGENCY to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against AGENCY for
payment of premiums or other amounts with respect thereto.
22. PROJECT COORDINATOR agrees to provide immediate notice to
AGENCY of any claim or loss against PROJECT COORDINATOR arising
out of the work performed under this agreement. AGENCY 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 AGENCY.
Professional Services Agreement between
Moorpark Redevelopment Agency and PICON
Page B -5
UD002,•0
MOORPARK REDEVELOPMENT
AGENDA REPORT
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION:
BY
To: Honorable Agency Board of Directors �d
From: David C. Moe II, Redevelopment Manager f ct,6
Date: March 3, 2006 (Agency Meeting of 3/15/06)
Subject: Consider Allowing the Executive Director to Make a Purchase Offer
Subject to Agency Board Approval for Real Property Up to
$1,000,000
DISCUSSION
With the fast paced real estate market, it is difficult for the Agency to make an offer to
purchase property in a timely manner. Typically, it takes the Agency approximately 2 -4
weeks to prepare a written offer. The process includes researching the property, asking
for authorization to purchase the property from the Agency Board of Directors ( "Board "),
and submitting the written offer to the seller. By the time the Agency makes the offer,
the seller is already entertaining one or multiple offers.
A streamlined process is needed to help the Agency become more effective in the real
estate market. It is suggested the Board provide the Executive Director with the
authority to make an offer to purchase property priced up to $1,000,000. Granting this
authority would allow the Agency to generate a written offer within 2 -3 days instead of 2-
4 weeks. The $1,000,000 ceiling is high enough to endure several years of property
appreciation and would allow the purchase of properties desired for redevelopment
purposes. Any proposed purchase over $1,000,000 would still need to be approved by
the Board prior to submitting an offer.
The Board will still have the ultimate approval of the purchase. One of the conditions of
the offer letter would be for Board approval of the purchase. This could be done at an
Agency meeting prior to the closing of escrow. If the Board decides not to purchase the
property, one of the conditions of the escrow would not be satisfied and the escrow
would be terminated at no cost to the Agency.
STAFF RECOMMENDATION
Allow the Executive Director to make a purchase offer subject to Agency Board
approval on real property up to $1,000,000.
0000102 1