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HomeMy WebLinkAboutC25140 Consolidate Contracts w-Joseph S. GaugushCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Consolidate Two Existing Contracts into New Contract with Joseph Gaugush for In -House Supplemental Engineering Support SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: April 13, 2006 CONTENTS: Agreement Proposal Recommendation: By minute motion, replace contracts number C24830 and C24070A with new contract number C25140 with Joseph S. Gaugush, P.E., to expand the scope of professional services provided and change the hourly rate accordingly. Discussion: Due to vacancies of key positions, the Public Works Department has entered into two agreements for engineering support services with Joseph Gaugush, P.E.: contract number C24070A for engineering plan check services, and contract number C24830 for in-house supplemental engineering support services. There is a difference in the hourly compensation rate on these two contracts due to the difference in the nature of the work performed. While this arrangement has been satisfactory, both the volume and the nature of the work which needs to be done now require a higher level of support than is provided for by the existing agreements. Mr. Gaugush has agreed to increase his level of involvement; however, this would require an adjustment in the billing rate for his work. In addition, the different types of work are overlapping and it has become cumbersome and counterproductive to try to calculate how many minutes are spent performing plan check work versus other types of work. Therefore, Mr. Gaugush has proposed to combine all the various tasks we ask him to perform under one contract at one hourly rate of pay. Staff believes that the proposed rate is reasonable and appropriate and that the support Mr. Gaugush is able to provide has contributed greatly to the relatively smooth operation of the Public Works Department during this time of staff shortages. The Public Works Department is currently only able to address day-to-day issues while our overall goal of planning for the future to best meet the needs of our residents has suffered. Increased support is critical to conducting the City's business at the level required and expected. Staff Report -Combine Two Contracts Joseph Gaugush April 13, 2006 Page 2of2 This request changes the rate for Mr. Gaugush's services and is not a request for additional funding. Therefore, staff recommends that City Council authorize the replacement of the two existing contracts with the new contract, and authorize the Mayor to execute same. Depa Mark Greenwood, P. . Director of Public Works Finance Director Approval; Homer Croy ACM for De opment Services ldhl G:\PubWorks\Staff Reports12006.April 13\12 Joe Gaugush agreement replacing 2 old agreements\Approve Joe Gaugush new agreernent.dot CONTRACT NO.c25140 AGREEMENT THIS AGREEMENT, made and entered into this 13th day of April, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Joseph S. Gaugush, P.E., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, CONSULTANT is a corporation, the principal members of which are Professional CONSULTANTS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage CONSULTANT to render certain technical and/or professional CONSULTING services as set forth in Exhibit "A" (Consultant's Proposal of Services) in connection with Engineering Support Services within the Public Works Department; NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage CONSULTANT to perform the technical and/or professional services as hereinafter set forth. (2) CONSULTANT shall perform all work necessary within the schedules provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. Gaugush Agreement.doc - sd CONTRACT NO. C25140 (3) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. (6) The execution of this Agreement by the parties hereto does not constitute an authorization to proceed. CITY's Director of Public Works has not authorized CONSULTANT to proceed. (7) The CONSULTANT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall be the principal officer of the CITY. The CONSULTANT shall review and receive the Director of Public Works' approval of the details of work as it progresses. The Registered Civil CONSULTANT hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Joseph S. Gaugush, P.E., R.C.E. 42138. (8) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to 2 Gaugush Agreement.doc - sd CONTRACT NO.c2514o pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (9) The right is reserved by the CITY to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the CONSULTANT's services, in the sole judgment of CITY, are unsatisfactory or because of the CONSULTANT's failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the CONSULTANT shall be paid the reasonable value of the services rendered, based upon CONSULTANT's standard hourly rates, up to the time of the termination. The CONSULTANT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re- 3 Gaugush Agreement.doc - sd CONTRACT NO.c25140 use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. (11) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the CONSULTANT, if any. (13) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. 4 Gaugush Agreement.doc - sd CONTRACT NO. C25140 (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: CONSULTANT shall submit invoices monthly for services performed in the previous month. CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The CONSULTANT agrees to complete the work and submit the Final Design engineering phase as displayed in Exhibit "A". (16) In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. (18) The CONSULTANT shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, 5 Gaugush Agreement.doc - sd CONTRACT NO.C25140 non -contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The CONSULTANT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT shall indemnify and save harmless the CITY, its officers and employees from and against any liability, loss, cost or expense resulting from any injury or damage to persons or property caused by the negligent acts or omission of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. (21) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) (c) This Agreement; Exhibit "A" (Consultant's Proposal of Services, and any written modifications thereto). 6 Gaugush Agreement.doc - sd CONTRACT NO.C25140 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. THE CITY OF PALM DESERT CONSULTANT Municipal Corporation Jim Ferguson, Mayor Authorized Signature DATE: DATE: ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS DAVID J. ERWIN, CITY ATTORNEY 7 Gaugush Agreement.doc - sd CONTRACT NO C25140 EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES Gaugush Agreement.doc - sd Useful! & lamest, PI, ChM Engineer P.O. Box 953 • Palm Desert, CA 92261 Dhnnn 7Rl1-ARF.ri714. • Foy 74;11-77Q.11117 March 16, 2006 Mark Greenwood, P.E. Director of Public Works City of Palm Desert 73510 Fred Waring Drive PalmDesert, CA 92260 SUBJECT: PROPOSAL FOR ADMINISTRATIVE ENGINEERING SUPPORT SERVICES Dear Mark, In response to our recent conversation I am pleased to submit the following proposal for administrative engineering support services to the City of Palm Desert Public Works Depai tment. As you know, I am currently providing general staff support under contract for the Public Works Department. In addition, I am providing on -call plan review services. My fees for these services are $125.00/hr and S105.00/hr, respectively. In our discussions you have indicated a desire to maintain that relationship while adding a "higher level" of technical and administrative support. Your specific needs, as I understand them, require an experienced individual to provide technical and administrative support, primarily with the subdivision and land development activities. To accommodate your needs I am proposing that the existing contracts be consolidated into a single contract with the addition of the administrative technical support component. I am proposing compensation for this combined service at the following hourly rate: * Professional/Technical/Administrative Support $140/hr All services will be invoiced on a monthly basis unless other terms are agreed upon. Thank you for the opportunity to provide this proposal for services. I look forward to continuing to work with you and your staff in your efforts to maintain the City of Palm Desert's high quality customer service reputation. Joseph S. Gaugush, P.E.