HomeMy WebLinkAboutAGENDA REPORT 1991 0417 CC REG ITEM 08D MOORPARK ITEM a a.
CALIFORNIA
PAUL W. LAWRASON JR. �,PK STEVEN KUENY
(.2,1youn,,Iy Cit Meeting
Mayor ap." 09 City Manager
BERNARDO M. PEREZ of �7 1991 ` , CHERYL J. KANE
Mayor Pro Tem �Ole% City Attorney
SCOTT MONTGOMERY ACTION: ...�//_� _ is,�`A PATRICK RICHARDS,A.I.C.P.
Councilmember y _/` - - - ' o�jy� `o Director of
'
JOHN E. WOZNIAK _..// �o ,^ Community Development
Councilmember 0 �.✓ <,Eo .,�` JOHN F. KNIPE
LILLIAN KELLERMAN City Engineer
City Clerk JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
TO: HONORABLE CITY COUNCILE6tecifi-
City Treasurer
FROM: RICHARD HARE, DEPUTY CITY MANAG
DATE: APRIL 11, 1991
SUBJECT: CONSIDER AGREEMENT FOR PROJECT MANAGEMENT
AND INSPECTION WITH PICON, INC. FOR THE
COMMUNITY CENTER RENOVATION
Background
As a part of the community center renovation project costs, staff
has recommended hiring the services of Phil Vein of Picon, Inc. to
conduct the daily project management and inspection services
related to the project. The architect on the project will still be
required to inspect the project at key points to assure that the
project is being constructed as designed, but there will be a need
to have an individual assigned to work through construction
problems with the general contractor and to assure that the project
plans are being followed.
Phil Vein supervised the original construction of the Community
Center. He is therefore the most knowledgeable individual
available to supervise the building's renovation. The agreement
attached specifies the scope of services requested and the level of
compensation. It should be noted that the budget for services is
capped at a maximum of $6, 600 and that the hourly rate for services
is discounted from $90 per hour to $55 per hour. In consideration
of the rate being charged, the type of services being performed and
the nature of the project the usual liability insurance provisions
have been waived.
These services would be funded from the Community portion of the
Parks Improvement Fund.
Recommendation
Staff recommends authorizing the City Manager to execute the
agreement with Picon, Inc. for project management and inspection
services related to the community center renovation project with
funding from the Community portion of the Parks Improvement Fund.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
PAUL W. LAWRASON JR.
Mayor
BERNARDO M.PEREZ
Mayor ?ro Tem
SCOTT MONTGOMERY
Councllmember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
PROFESSIONAL SERVICES AGREEMENT
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
THIS AGREEMENT, made and entered into this 17th day of
APRIL 1991 by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State of
California, hereinafter referred to as "CITY" and Picon Inc. a
California Corporation, hereinafter referred to as "CONSULTANT ".
W I T N E S S E T H
WHEREAS, CITY has the need for construction management
services related to various improvement projects; and
WHEREAS, CITY desires to contract for such services with a
private consultant as an advisor in anticipation that said private
consultant can provide such services in a manner acceptable to
CITY; and
WHEREAS, CONSULTANT is experienced in providing such services
for municipal corporations and is able to provide personnel with
the proper experience, certifications and background to carry out
the duties involved; and
WHEREAS, CITY wishes to retain CONSULTANT for the performance
of said services;
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree as
follows:
CITY does hereby appoint CONSULTANT in a contractual capacity
to perform the services in accordance with the terms and conditions
hereinafter set forth in Exhibit "A "; with the authorities, and
responsibilities ordinarily granted to this type of consultant
work.
I. Compensation
The fees in full compensation to CONSULTANT for the
services rendered shall be as set forth in Exhibit "A ":
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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II. Termination
This agreement may be terminated with or without cause by
either party at any time with no less than ten (lo) days written
notice of such termination to the other party.
In the event of such termination, CONSULTANT shall be
compensated for such services up to the date of termination. Such
compensation for work in progress shall be limited to actual
services performed prorated as to the percentage of progress
completed as of the date of termination.
III. General Conditions
A. CITY shall not be called upon to assume any
liability for the direct payment of any salary,
wage or other compensation to any person employed
by CONSULTANT performing services hereunder for
CITY.
B. CONSULTANT is and shall at all times remain as to
CITY a wholly independent contractor. Neither CITY
nor any of its officers, employees, servants or
agents shall have control over the conduct of
CONSULTANT or any of the Consultants' officers,
employees or agents, except as herein set forth.
C. At the time of termination of this agreement all
original documents, designs, drawings, reports,
logos, diskettes, computer files, notes and other
related materials whether prepared by The
Consultant or their subcontractors) or obtained in
the course of providing the services to be
performed pursuant to this agreement shall be made
available to CITY upon 24 hours notice for
duplication and retention of duplicates.
D. CONSULTANT shall hold harmless, indemnify and
defend CITY and its officers, employees, servants
and agents serving as independent contractors in
the role of City Engineer, Building Official,
Building Inspector, or City Attorney from any
claim, demand, damage, liability, loss, cost or
expense, for any damage whatsoever, including but
not limited to death or injury to any person and
injury to any property, resulting from misconduct,
negligent acts, errors or omissions of CONSULTANT
or any of its officers, employees or agents in the
performance of this agreement, except such damage
as is caused by the sole negligence of CITY or any
of its officers, (..mployees, servants or agents.
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CITY does not, and shall not, waive any rights that
it may possess against CONSULTANT because of the
acceptance by CITY, or the deposit with CITY, of
any insurance policy or certificate required
pursuant to this agreement. This hold harmless and
indemnification provision shall apply regardless of
whether or not any insurance policies are
determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense.
E. In the event CONSULTANT hires employees other than
officers then, CONSULTANT shall provide workers'
compensation insurance as required by the
California Labor Code. If any class of employees
engaged by CONSULTANT in work under this agreement
is not protected by the workers' compensation law,
CONSULTANT shall provide adequate insurance for the
protection of such employees to the satisfaction of
CITY.
F. CONSULTANT shall not assign this agreement, or any
of the rights, duties or obligations hereunder. It
is understood and acknowledged by the parties that
CONSULTANT is uniquely qualified to perform the
services provided for in this agreement.
G. Payment to CONSULTANT shall be made by CITY within
30 days of receipt of invoice, except for those
which are contested or questioned and returned by
CITY, with written explanation within 30 days of
receipt of invoice. CONSULTANT shall provide to
CITY a written response to any invoice contested or
questioned and further, upon request of CITY,
provide CITY with any and all documents related to
any invoice.
H. Any notice to be given pursuant to this agreement
shall be in writing, and all such notices and any
other document to be delivered shall be delivered
by personal service or by deposit in the United
States mail, certified or registered, return
receipt requested, with postage prepaid, and
addressed to the party for whom intended as
follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
805 - 529 -6864
Attn: Richard Hare, Deputy City Manager
4
To: Picon Inc.
P.O. Box 260885
Encino, CA 91426
818 - 996 -1441
Attn: Philip Vein
Either party may, from time to time, by written
notice to the other, designate a different address
which shall be substituted for the one above
specified. Notices, payments and other documents
shall be deemed delivered upon receipt by personal
service or upon deposit in the United States mail.
I. Nothing contained in this agreement shall be
deemed, construed or represented by CITY or
CONSULTANT or by any third person to create the
relationship of principal or agent, or of a
partnership, or of a joint venture, or of any other
association of any kind or nature between CITY and
CONSULTANT.
J. This agreement constitutes the entire agreement of
the parties concerning the subject matter hereof
and all prior agreements or understandings, oral or
written, are hereby merged herein. This agreement
shall not be amended in any way except by a writing
expressly purporting to be such an amendment,
signed and acknowledged by both of the parties
hereto.
K. Should interpretation of this agreement, or any
portion thereof, be necessary, it is deemed that
this agreement was prepared by the parties jointly
and equally, a`nd shall not be interpreted against
either party on the ground that a party prepared
the agreement or caused it to be prepared.
L. No waiver of any provision of this agreement shall
be deemed, or shall constitute a continuing or
subsequent waiver of the same provision. No waiver
shall be binding, unless executed in writing by the
party making the waiver.
M. In the event any action, suit or proceeding is
brought for the enforcement of, or the declaration
of any right or obligation pursuant to this
agreement or as a result of any alleged breach of
any provision of this agreement, the prevailing
party shall be entitled to recover its costs and
expenses, including reasonable attorney's fees,
from the losing party, and any judgement or
decree rendered in such a proceeding shall
5
include an award thereof.
N. Cases involving a dispute between CITY and
CONSULTANT may be decided by an arbitrator if both
sides agree in writing on the arbitrator selected,
with costs proportional to the judgement of the
arbitrator.
O. This agreement is made, entered into, executed in
Ventura County, California, and any action filed in
any court or for arbitration for the
interpretation, enforcement or other action of the
terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura
County, California.
P. The captions and headings of the various Articles
and Paragraphs of this agreement are for
convenience and identification only and shall not
be deemed to limit or define the content of the
respective Articles and Paragraphs hereof.
Q. If any portion of this agreement is held by a court
of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions will never -
the -less continue in full force without being
impaired or invalidated in any way.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for CONSULTANT'S
overall performance of the contract provisions herein
above set forth and to serve as principal liaison between
CITY and CONSULTANT shall be Philip Vein as specified in
Exhibit "A ". Upon mutual written agreement of the
parties, other individuals may be substituted in the
above capacity.
The individual directly responsible for CITY shall be
Richard Hare, Deputy City Manager.
R
V. IMPLEMENTATION
CITY shall provide CONSULTANT with written notice in
advance of the date at which these services are to be
implemented if different than the date of the agreement.
CITY OF MOORPARK
Steven Kueny
City Manager
PICON INC.
Philip Vein
President
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EXHIBIT A
SCOPE OF WORK
BETWEEN THE CITY OF MOORPARK, CALIFORNIA
AND
PICON INC.
1. SCOPE OF WORK
The City of Moorpark is renovating the Community Center and
has need of project management and inspection assistance.
This contract provides for the following scope of service:
1. Review all documents, plans, specs, contracts, requests
and proposals.
2. Attend pre- construction meetings with Architect, other
consultants and contractors.
3. Expedite bidding, contracts, construction, quality
control and specification compliance.
4. Provide construction management, contract administration
and coordination of all parties.
5. Visit field operations on a regular basis, coordinate
with contractor and solve day to day problems.
6. Provide claim and payment analysis including proper
releases.
7. Provide suggested forms and formats for record keeping
and communications.
2. ADDITIONAL WORK
If CITY desires additional work above and beyond the scope of
this project, such work may be undertaken with the express
written permission of the City Manager and will be charged on
a time and expense basis but shall not exceed $6,600 without
City Council authorization.
It is understood and agreed that CONSULTANT will use his best
knowledge and ability in the performance of his work under
this contract, however, CONSULTANT is not responsible for the
accuracy or performance of other consultants, contractors,
agents or employees of CITY, not under CONSULTANT'S control.
EXHIBIT A
Page 2
SCHEDULE OF FEES
EFFECTIVE APRIL 1, 1991
Total fees and expenses for this contract shall not exceed the
budget limit below, except by mutual agreement and appropriation of
funds by City Council. Any modifications to the scope shall
require the approval of CITY and CONSULTANT.
BUDGET LIMIT
Compensation shall not exceed $6,600. CONSULTANT shall estimate
the required time and expenses each week to compare budget
authorization with the estimate of actual costs for services. If
reasonably unforeseen events necessitate budget adjustment
CONSULTANT shall notify CITY in writing describing the reasons for
budget adjustment and shall not proceed beyond the authorized
budget limit until written authorization is received by the City
Manager to proceed in this regard, not to exceed budget for these
services for fiscal year 90/91 is established based upon 120 hours
of CONSULTANT'S time. These hours are estimated taking into
consideration that the plans and specifications will be reasonably
complete and that the contractor performs his work in a timely
manner and according to plans and specifications. The budget
estimate does not include changes or unusual disputes. If changes
or unusual disputes occur, it is incumbent upon CONSULTANT to
immediately notify CITY, so that budget adjustments may be
considered by CITY.
STAFF ASSIGNED TO THE PROJECT (FEES)
HOUR
Philip Vein, Principal $90.00 ($55.00 net)
Clerical (Undefined) $35.00
Because CONSULTANT has previously worked on the Community Center
project as a volunteer, it is his desire to donate part of his
services to this project. Therefore, the hourly rate of $90.00 per
hour is to be discounted $35.00 per hour so the net hourly rate to
be paid to CONSULTANT under this contract is to be $55.00.
In consideration of the discounted hourly rate for services, the
type of service being performed and the nature of the project, the
usual liability insurance requirements are waived.
EXHIBIT A
Page 3
Only actual hours worked and travel time one way will be
compensated. Travel on Fridays or days when other business is
conducted on CONSULTANT'S own behalf in the Moorpark area shall not
be compensated.
It is anticipated that clerical work will be minimal under this
contract, therefore CITY may, at it's sole discretion provide
clerical work for CONSULTANT in which case no charges for clerical
work will be charged by CONSULTANT.
Clerical work is defined as typing, and associated activities.
EXPENSE REIMBURSEMENT
CITY agrees to reimburse CONSULTANT for reproduction costs plus 10%
and travel at $.25 per mile for additional trips not subjected to
travel time charges, if CITY has authorized the reproduction or
travel in writing.
THE CITY OF MOORPARK PICON, INC.
Steve Kueny Philip Vein
City Manager President