HomeMy WebLinkAboutAGENDA REPORT 2013 0515 CCSA REG ITEM 10N ITEM 10.N.
,;ity Councii Meeting
MOORPARK CITY COUNCIL ACT ION:
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Management Anal
DATE: April 29, 2013 (CC Meeting of May 15 013)
SUBJECT: Consider Amendment to Agreement with BJ Palmer and Associates,
Inc. for Analysis of the Relocation of Electrical Utility Facilities for
the Essex Site to Waive Conflict of Interest
BACKGROUND
In March 2009, the City entered into a Real Property Acquisition Agreement (the
"Agreement") with Essex Portfolio L.P. to obtain the vehicular access driveway used by
the United States Postal Service for their new building on High Street. Essex had
previously designed the relocation of the power poles for their 200-unit apartment
project to run through the area now occupied by the Post Office parking lot. A condition
of the Agreement to purchase the driveway area for the Post Office requires the City to
pay for a redesign of the Essex Southern California Edison 66kv Pole Relocation Plan,
previously prepared by RJR Engineering for Essex.
On March 20, 2013, the City Council approved an Agreement with BJ Palmer and
Associates for the redesign work. The City's standard Professional Services Agreement
was signed for this work.
DISCUSSION
The City's standard Professional Services Agreement contains language restricting
current contractors of the City from working for land developers with active entitlements
within the City for one year before and after the Consultant's contract expires. After
agreeing to work with the City, BJ Palmer was approached by Essex to design and
prepare drawings for the dry utility runs that will service Essex's apartment project on
Casey Road. BJ Palmer and Associates notified staff immediately and has requested
the City's permission to work with Essex, only if the City does not believe a conflict
exists. Staff does not believe that the work to design the dry utility service and the work
to relocate the 66kv electrical service and distribution lines are conflicting in nature.
Staff is recommending that the conflict of interest clause be waived in BJ Palmer's
agreement to allow them to work on the dry utility plans for Essex. The conflict of
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Honorable City Council
May 15, 2013
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interest waiver amendment would be approved only for the work identified in this report.
FISCAL IMPACT
There is no fiscal impact as a result of the conflict of interest waiver.
STAFF RECOMMENDATION
Approve Amendment to Agreement with BJ Palmer and Associates, Inc. subject to final
language approval of the City Attorney and City Manager.
Attachment 1 —Amendment #1
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ATTACHMENT 1
AMENDMENT # 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
BJ PALMER AND ASSOCIATES, INC. FOR ANALYSIS OF OPTIONS FOR ESSEX
66KV ELECTRICAL FACILITY RELOCATION, DESIGN, AND PERMITTING OF THE
SELECTED OPTION
THIS FIRST AMENDMENT TO AGREEMENT, is made and effective as of this
day of , 2013, between the City of Moorpark, a
municipal corporation, hereinafter referred to as "City" and BJ Palmer and Associates,
Inc., a corporation, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, on April 4, 2013, the City and Contractor entered into an Agreement
for analysis of options for the Essex 66kv electrical facility relocation, design, and
permitting of the selected option; and
WHEREAS, subsequent to the signing of that Agreement, BJ Palmer and
Associates, Inc., was approached by Essex to perform utility planning work for their
development project in Moorpark; and
WHEREAS, the nature of the two work scopes does not present a conflict of
interest and are in fact complimentary to the other.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
I. Section 16, Conflict of Interest is amended to include:
Section 16 is waived only for work Consultant does to design and construct the
dry utility plans for Essex Property Trust Inc.
II. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
CITY OF MOORPARK- BJ PALMER AND ASSOCIATES, INC.
Steven Kueny, City Manager Bruce J. Palmer, President
ATTEST:
Maureen Benson, City Clerk
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