Loading...
HomeMy WebLinkAboutAGENDA REPORT 2009 0701 CC SPC ITEM 05AITEM 5-A. CITY OF MOORPARK, CALIFORNIA City Council Meeting of ,_1 q '7 -1- Ave q ACTION: ju" jj- yL jzda MOORPARK CITY COUNCIL AZT - - dA AGENDA REPORT TO: The Honorable City Council FROM: Barry K. Hogan, Deputy City Manage DATE: June 29, 2009 (CC Special Meeting of 7101109) SUBJECT: Consider Professional Services Agreement between the City of Moorpark and Professional Design Incorporated for Landscape Review and Inspection Services DISCUSSION The current contract for landscape review and inspection services, entered into on December 7, 2004, with Professional Design Incorporated (PDI) expired December 7, 2006. The Agreement was approved initially for two years, with a provision that authorized the City Manager to extend the term of the Agreement, which did not occur for this contract. However, for the two and a half years landscape review and inspection services have continued to be provided by Professional Design Incorporated (PDI) as if the contract had been extended. Changes in personnel in the Community Development Department and continued satisfaction with PDI's services are the reasons that allowed the expiration of this contract to occur. Attached to this agenda report is a new two year contract with PDI for landscape review and inspection. Renewal of this contract has been added to the Department's follow up list so its extension, if desired, will not be missed prior to its expiration in 2011. STAFF RECOMMENDATION Approve Professional Services Agreement between the City of Moorpark and Professional Design Incorporated, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the amendment. Attachment: Professional Services Agreement WOR PRI SERV\Department Share\Community DevelopmentW DMINWGMTS\Consultant\PDI\Agenda Reports\cc oo UC j 090701amend.doc PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND PROFESSIONAL DESIGN INCORPORATED FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES THIS AGREEMENT, made and entered into this day of , 2009, 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 Professional Design Inc., a California corporation, hereinafter referred to as "CONSULTANT'. WITNESSETH WHEREAS, City has the need for on -call landscape and irrigation system plan review and inspection services; and WHEREAS, City desires to contract for such services with a private consultant in anticipation that said private consultant can provide such services in a manner acceptable to the City; and WHEREAS, Consultant is experienced in providing such services and has the proper experience, certifications and background to carry out the duties involved; and NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. SCOPE OF WORK City does hereby retain Consultant in a contractual capacity to provide review of landscape /fencing /irrigation plans and specifications and landscape inspection services, as set forth in Exhibit A, which exhibit is attached hereto and hereinafter referred to as the "SCOPE OF WORK." Where said Scope of Work is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Work and this Agreement, the language contained in this Agreement shall take precedence. II. PERFORMANCE SCHEDULE City does hereby retain Consultant contract services within time frames as set forth in Exhibit B, which exhibit is attached hereto and hereinafter referred to as the "PERFORMANCE SCHEDULE." Where said Performance Schedule is modified by this Agreement, or in the event there is a conflict between the provisions of said Performance Schedule and this Agreement, the language contained in this Agreement shall take precedence. UOOU(j;� III. COMPENSATION City does hereby retain Consultant in a contractual capacity to provide contract services. Consultant shall provide City with an estimated cost quotation for each specific task requested by City to be completed by Consultant, and shall not proceed until written approval is granted by the Community Development Director. The compensation to Consultant shall be on an hourly fee basis as set forth in Exhibit C, which exhibit is attached hereto and hereinafter referred to as the "COMPENSATION ", or at a negotiated lump sum amount, as approved by the Community Development Director. Payment by City to Consultant shall be in accordance with the provisions of Article III, Paragraph K, of this Agreement. IV. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended with or without cause by City at any time with no less than ten (10) working days written notice of such termination or suspension. Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) calendar days in advance of such termination. In the event of such termination or suspension, Consultant shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. V. TERM OF AGREEMENT The term of the Agreement shall be from the date of execution to July 1, 2011, and may be extended beyond that date upon written approval of the City Manager, unless this Agreement is terminated or suspended pursuant to Article III herein. VI. GENERAL CONDITIONS A. Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Consultant further covenants that if Consultant has contracted with or is performing any services directly or indirectly, with developer(s) and /or developer's consultants and /or property owner(s) and /or firm(s) and /or partnerships and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, Consultant shall immediately notify the Community Development Director informing him /her of the nature of the contract. The Community Development Director, in consultation with the City Manager, shall determine whether potential conflict exists, and will assign any work related to the conflict to one of the approved alternate landscape consultants. The Consultant further covenants and agrees that if Consultant and /or its subcontractors intends to provide service or enter into SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts \fina090625.doc Page 2 0000t';jl any contract with any developer(s) and /or developer's consultants and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City of Moorpark, Consultant shall immediately notify the Community Development Director informing him /her of the nature of the contract. The Community Development Director, in consultation with the City Manager, shall determine whether potential conflict exists, and will assign any work related to the conflict to one of the approved alternate landscape consultants. B. 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. C. Consultant is, and shall at all times, remain as to City a wholly independent contractor. Neither the City, nor any of its officers, employees, servants or agents, shall have control over the conduct of Consultant or of Consultants officers, employees or agents, except as herein set forth. 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 employees of City. D. At the time of 1) termination of this Agreement or 2) conclusion of all work, all original plans, documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Consultant or their subcontractor(s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. Any word processing computer files provided to City shall use IBM compatible, Microsoft Word for Windows software. E. Consultant shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, 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 negligence of City or any of its officers, employees, servants or agents. City does not, and shall not, waive any rights that it may have against Consultant by reason of Paragraph E, hereof, 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 or whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. F. Consultant shall secure from a good and reasonable company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement General Liability, Professional Liability, and SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts \fina090625.doc Page 3 0000!0'`{ Automobile insurance, and shall furnish to City a Certificate of insurance prior to execution of this Agreement. The insurance shall be in conformance with the requirements set forth below: 1) Consultant agrees to insure City and its officers, employees, servants and agents while acting within the scope of duties under this Agreement against all claims arising out of, or in connection with, this Agreement. 2) Consultant agrees to provide the following minimum limits: General Liability $1,000,000 Professional Liability $1,000,000 3) Consultant shall provide 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. 4) Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured, the City, its officials, employees and agents, using standard ISO endorsement No. CG 201011 85. 5) 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. 6) Consultant shall provide Business Automobile 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 automobiles in any way in performance of this Agreement, Consultant shall provide evidence of personal automobile liability coverage for each such person. G. WORKER'S COMPENSATION INSURANCE - Before execution of this Agreement by City, Consultant shall file with City the following certification: SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts\fina090625.doc Page 4 "I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work." 1) Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete Worker's Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of this Agreement by City. The City and its officers, employees, servants, or agents, shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section. 2) Every workers' compensation insurance policy shall bear an endorsement that shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than (30) days before expiration or cancellation is effective. H. 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. I. The language contained in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. J. Payment to Consultant shall be made by City within thirty (30) calendar days of receipt of invoice, if the invoice is not contested or questioned by City. If City identifies a discrepancy between the invoice amount and the work tasks or products completed, City shall within fifteen (15) workdays of receipt of the invoice specify in writing the discrepancy. Consultant shall then either 1) provide support materials to satisfy City stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. City shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. Each Consultant invoice must show details of hours and expenses and the project identification number(s) assigned by the Community Development Department in a format which is acceptable to City. K. City shall have the right to audit and inspect all payment and expense related books and records kept by Consultant and any subcontractors in connection with the operation and services performed under this Agreement. Notification of audit shall be provided at least thirty (30) calendar days before any such audit is conducted. L. 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 SACommun4 Development\ADMINWGMTS\ Consultant \PDI\Agmts \fina090625.doc Page 5 00000., 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 Clerk City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Professional Design, Inc. 2139 Tapo Street Simi Valley, California 93063 Attn: Jeremy Laurentowski 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 second (2nd) day after deposit in the United States mail. M. 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. N. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, 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. O. 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. P. No waiver of any provisions 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 provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. Q. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts\fina090625.doc Page 6 00000'x' R. Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. S. 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. T. 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. VII. RESPONSIBLE INDIVIDUAL The individuals directly responsible for Consultant overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Jeremy Laurentowski, and no other individuals may be substituted. 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 Community Development Director or his /her designee. VIII. 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: CONSULTANT: Profqpsjq 0a Design, I Steven Kueny rerem aurentowski City Manager resi ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit A: Scope of Work, Exhibit B: Performance Schedule, Exhibit C: Compensation SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts \fina090625.doc Page 7 000000 EXHIBIT A SCOPE OF WORK The landscape architectural /arboreal services will include all services performed by the Landscape Architect, Landscape Architect's employees, and the Landscape Architect's consultants. They include without limitation, all responsibilities outlined in the scope of Services and typically required for landscape and irrigation plan review and inspection services. The Landscape Architect shall retain the services for all necessary consultants including, without limitation necessary to perform the scope of work. It is important to the City that all consultants have successful previous experience with landscape and irrigation plan review and inspection services. The City will furnish Municipal Code requirements, Landscape Guidelines and Conditions of Approval for each project to be reviewed. The City reserves the right to accept or reject consultants proposed by the Landscape Architect. Notice will be given of any rejection prior to signing of final Professional Services Agreement. The Landscape Architect, will be required to coordinate with the Community Development Department Case Planner to provide review and constructive comments and recommendations to the Community Development Director for approval, on various levels of landscape and irrigation system design, consistent with City of Moorpark Municipal Code, Landscape Guidelines, industry standards and project specific Conditions of Approval, as further defined below: Conceptual Review Review on Conceptual Landscape Plans submitted as a requirement of entitlement case processing. Review to consist of general evaluation of completeness; appropriateness of proposed planting scheme and plant materials; and consistency with City of Moorpark Municipal Code, Landscape Guidelines, industry standards. Landscape Architect's written review comments and recommendations shall be returned to the Community Development Director within turn - around time periods approved by of the City's acceptance of the Landscape Architect's proposal. The Community Development Director shall be the final authority for completeness of Conceptual Landscape Design submittals. SACommunity Development\ADMIN\AGMTS\ Consultant \PDI\Agmts\fina090625.doc Page 8 UOOOt_9 Review of Tree Reports Review of tree reports submitted as a requirement of entitlement case processing. Review to consist of comments on completeness, report recommendations, proposed tree removals, and evaluation of tree replacement cost estimates, consistent with City of Moorpark Municipal Code requirements. Landscape Architect's written review comments shall be returned to the Community Development Director within turn - around time periods approved by the City's acceptance of the Landscape Architect's proposal. The Community Development Director shall be the final authority for completeness of Tree Report submittals. Landscape. Fencing and Irrigation System Construction Drawing Plan Review Review of landscape, fencing and irrigation system construction drawings for approved projects. Review to include consistency with City of Moorpark Municipal Code, Landscape Guidelines, industry standards, and project specific Conditions of Approval. Landscape Architect will provide a mark -up of submitted plans and any other written comments to the Community Development Director within turn - around time periods for each plan check, as approved by the City's acceptance of the Landscape Architect's proposal. The Landscape Architect will provide the Community Development Director a written recommendation for approval of plans and specifications, once all plan check comments have been addressed. The Community Development Director shall be the final approval of landscape, fencing and irrigation system plans. Landscape and Irrigation System Inspection Review of landscape planting, fencing and irrigation system installation for consistency with approved plans, City of Moorpark Municipal Code, Landscape Guidelines, industry standards, and project specific Conditions of Approval. Landscape Architect will provide written comments to the Community Development Director within turn - around time periods for each plan check, as approved by the City's acceptance of the Landscape Architect's proposal. Other Services as Requested The City may desire other landscape architectural and arboreal services from time to time and may request the Landscape Architect to provide a proposal for a specific task to be performed at the approved hourly rates or on a lump sum basis. The terms will be specified at the time of the request for proposal. SACommunity Development\ADMINW GMTS\ Consultant\PDl WgmtsVfina090625.doc Page 9 000011" EXHIBIT B PERFORMANCE SCHEDULE The Landscape Architect shall provide a proposed schedule of performance to include at a minimum, the following: Pick-up: The Landscape Architect will arrange pick up plan review packages within forty - eight (48) hours of notification that the package is ready. Conceptual Plan and Tree Report Review: The Landscape Architect will return written comments on conceptual landscape design review and tree report review within seven (7) calendar days of receipt. First Plan Check: The Landscape Architect will return written plan check comments /mark- ups for first plan check within twenty -one (21) calendar days of receipt. Second Plan Check: The Landscape Architect will return written plan check comments /mark -ups for second plan check within seven (7) calendar days of receipt. Third and Subsequent Plan Checks: The Landscape Architect will return written plan check comments /mark -ups for third and subsequent plan checks (if necessary) within seven (7) calendar days of receipt. Meetings: The Landscape Architect will respond to requests for a meeting with staff and /or the applicant and applicant's consultant within forty-eight (48) hours of receipt of request for such meeting from City Staff. Inspection: The Landscape Architect will respond to requests for inspection of planting, fencing and irrigation system installation within forty-eight (48) hours of receipt such request from City Staff. Written comments and /or recommendation for acceptance shall be provided to the Community Development Director within forty-eight (48) hours /days of the inspection. SACommunity DevelopmentWDMIN\AGMTS\ Consultant \PDI\Agmts \fina090625.doc Page 10 0000.1- EXHIBIT C COMPENSATION Consultant will be compensated for services performed at the hourly rate(s) below, or at a pre- negotiated lump sum amount. Licensed Landscape Architect $80.00 per hour Licensed Arborist $80.00 per hour SACommunity Development\HDMIN\AGMTS\ Consultant \PDIWgmts\fina090625.doc Page 11 00001^: