HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 10FI'VE lD - r.
CITY OF `,40ORPARK, CALTFORNTA
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AGENDA REPORT By' ---- -----
To: The Honorable City Council
From: Wayne Loftus, Director of Community Development
Prepared by Laura Stringer, Senior Management Analyst
Date: August 30, 2001 (CC Meeting of 9/5/01)
Subject: Consider Approval of a Professional Services Agreement
between the City of Moorpark and Professional Design
Associates for Landscape Review and Inspection Services
BACKGROUND:
The Community Development Department has historically contracted
with a licensed landscape architect to provide review of conceptual
landscape plans associated with.entitlement requests and approved
projects, landscape inspection services and other review and
inspection services as deemed necessary by the Director of
Community Development. By mutual consent, the City's agreement
with Kay J. Greeley was recently terminated, necessitating the
retention of a new landscape consultant.
After consultation with other local agencies in Ventura County,
including the Cities of Thousand Oaks and Camarillo, the Community
Development Department made contact with a total of eight (8)
landscape consulting firms, soliciting response to interest in
providing landscape plan review and inspection services to the City
of Moorpark. From this effort, a total of three proposals were
received, including Peter Bogue Designs of Camarillo, Professional
Design Associates of Simi Valley and CPS Landscaping of Ventura.
Based upon review of the proposals, and additional research,
Professional Design Consultants, of Simi Valley, has been
considered by staff as the most suitable firm to provide these
services to the City.
DISCUSSION:
Several critical factors were considered in the review and analysis
of the proposals for landscape review and inspection services.
These factors included size of firm, proximity of the firm to the
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Honorable City Council
August 30, 2001
Page 2
City of Moorpark, projected plan check turn around time, projected
inspection request response time, and hourly rates.
Professional Design Associates is located in Simi Valley and has a
local staff of four professionals. They also have an office in
Upland with additional professional staff that can be called upon
as needed. Professional Design Associates has the services of a
licensed arborist available as required to accommodate the needs of
the City. Plan check turn around times and inspection request
times were well within the requirements to meet the City's
commitment to plan review responsiveness. Their proposed hourly
rate of $65.00 is very competitive.
All of the landscape consultants who responded to our inquiry have
from time to time provided landscape services for private
development in the City of Moorpark. Professional Design
Associates in particular has provided landscape architectural
services to two developers, Greystone Homes and Lennar Communities
within the Master Planned Community of Serenata. The landscape
design phase of those projects has been completed, and inspection
will be provided by a landscape professional other than
Professional Design Consultants. Professional Design Associates is
fully aware that if retained for services to the City, they may not
contract any new private consulting work within the City
boundaries, or perform work for developers or other contractors
doing work in the city. As noted above staff is researching the
Possibility of an agreement with a second landscape consultant to
provide inspection for design work previously performed by
Professional Design Associates, and to provide assistance to the
City during unexpected heavy workloads.
Based on the above information and review of the references
submitted with the proposal, the Director of Community Development
recommends that Professional Design Associates be retained to
provide landscape consultant services to the Community Development
Department.
STAFF RECOMMENDATION:
Approve the Professional Services Agreement between the City of
Moorpark and Professional Design Associates, subject to final
language approval of the City Manager and City Attorney, and
authorize the City Manager to sign the agreement.
Attachments: 1) Draft Service Agreement for Professional Services
2) Proposal Letter from Professional Design Associates
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF MOORPARK AND PROFESSIONAL DESIGN ASSOCIATES
FOR REVIEW OF LANDSCAPE PLANS AND SPECIFICATIONS
AND LANDSCAPE INSPECTION SERVICES
THIS AGREEMENT, made and entered into this day of ,
2001, 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 ASSOCIATES, a division of
Chapman Woods Nursery, a California Corporation, hereinafter referred to
as "CONSULTANT ".
W I T N E S S E T H
WHEREAS, City has the need for professional services for review of
landscape plans and specifications and landscape inspection services; and
WHEREAS, City desires to contract for such services with a private
consultant that is a registered landscape architect, 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
WHEREAS, The City and Consultant have identified a Scope of Work
attached hereto as Exhibit A;
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 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. COMPENSATION
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibit B, attached hereto. Compensation shall not
exceed the rates identified in Exhibit B without the written
authorization by the City Manager of the City of Moorpark. Payment by
City to Consultant shall be in accordance with the provisions of Article
V, Paragraph K, of this Agreement.
ATTACHMENT 1
III. 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. This Agreement may be
terminated by Consultant only by providing City with written notice no
less than thirty (30) 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.
IV. TERM OF AGREEMENT
The term of the Agreement shall be from the date of execution to
January 31, 2002, 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.
V. 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, no person
having such interest shall be employed by them as an officer, employee,
agent, or subcontractor. Consultant further covenants that Consultant
has not contracted with nor is performing any services directly or
indirectly, with the developer(s) 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 with the exception
of the now completed contracts with Greystone Homes and Lennar
Communities. The consultant further covenants and agrees that Consultant
and /or its subcontractors shall provide no service or enter into any
contract with any developer(s) 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, prior to completion of the term of this Agreement, as
defined in Section IV, above. Consultant further covenants that prior
to beginning review of any landscape plans prepared by a landscape
architect or landscape architecture company that is concurrently
reviewing landscape plans prepared by Consultant or for which Consultant
prepared plans reviewed by said landscape architect or landscape
architecture company within one (1) year, the City will be notified, in
writing, of any potential conflict of interest, and Consultant shall
receive Director of Community Development written approval prior to
proceeding with any review of such plans. Consultant shall provide to the
Director of Community Development a private client list upon signature
of the Agreement and every ninety (90) days thereafter.
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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 landscape plans and specifications,
documents, designs, drawings, reports, calculations, diskettes, computer
files, notes, and other related materials whether prepared by Consultant
or their subcontractors) or obtained in the course of providing the
services to be performed pursuant to this Agreement shall become the sole
property of City. Any computer files provided to City shall be
compatible with the Microsoft Office 97 Suite for use on a PC, and shall
be provided on a 3.5 -inch diskette, CD or via e -mail atachment.
E. Consultant shall hold harmless, indemnify and defend City and
its officers, employees, servants and agents and independent contractors
who serve in the role of City Manager, Deputy City Manager, Director of
Community Development, City Engineer, 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, or in any way connected with
the performance of this Agreement by Consultant or City, except such
damage as is caused by the sole negligence of City.
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 responsible 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
the policies of insurance required by this paragraph and shall furnish
to the City Clerk of the city certificates of said insurance on or before
the commencement of the term of this Agreement. Notwithstanding any
inconsistent statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by the policies
shall:
1. Name City and its officers, employees, servants and agents and
independent contractors serving in the role of City Manager,
Deputy City Manger, Director of Community Development, City
Engineer, or City Attorney, as additional insured with
Consultant.
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2. Bear an endorsement or have attached a rider whereby it is
provided that, in the event of cancellation or amendment of
such policy for any reason whatsoever, City shall be notified
by mail, postage prepaid, not less than thirty (30) days
before the cancellation or amendment is effective. Consultant
shall give city thirty (30) days written notice prior to the
expiration of such policy.
3. Be written on an occurrence basis.
G. Consistent with the provisions of Paragraph F, Consultant
shall provide general public liability insurance including automobile
liability and property damage insurance in an amount not less than one
million dollars ($1,000,000.00) per occurrence and annual aggregate.
H. Consistent with the provisions of Paragraph F, 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.
I. 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.
J. The language contained in this Agreement shall take precedence
over the language contained in any exhibit to this Agreement.
K. Payment to Consultant shall be made by City within thirty (30)
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) work
days 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.
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 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: Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
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To: Professional Design Associates
2139 Tapo Street, Suite 213
Simi Valley, California 93063
Attn: Mr. 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 judgement or decree rendered in such a proceeding shall
include an award thereof.
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 judgement 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.
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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.
VI. RESPONSIBLE INDIVIDUAL
The individual 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 individual may be substituted.
The City's contact persons in charge of administration of this
Agreement, and to serve as principal liaison between Consultant and City,
shall be the Director of Community Development.
VII. 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: PROFESSIONAL DESIGN ASSOCIATES:
Steven Kueny
City Manager
ATTEST:
Jeremy Laurentowski, CARL #4373
Project Manager
Deborah S. Traffenstedt, City Clerk
Attachments: Exhibit A: Scope of Work
Exhibit B: Compensation Rates
C. Wayne Loftus, Community Development Director
Laura Stringer, Senior Management Analyst
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EXHIBIT A
Scope Of Work
Landscape Architectural Consulting Services
Professional Design Associates, will provide landscape
architectural consulting services to the City of Moorpark,
Community Development Department with those services to include
the following:
• Review of conceptual landscape plans associated with
entitlement requests;
• Review of landscape plans associated with approved
projects;
• Inspection of landscape installation for approved plans;
• Any other review and /or inspection services within the
normal domain of landscape architectural review and
inspection services.
All work will be performed in accordance with the standards and
policies of the City of Moorpark and normal landscape
architectural practices. Compensation will be in accordance
with Exhibit B.
0000'74
EXHIBIT B
Compensation
Landscape Architectural Consulting Services
Professional Design Associates, will provide landscape
architectural consulting services to the City of Moorpark,
Community Development Department in accordance with the
following compensation rates:
• Project review and inspection, in accordance with Exhibit
A, will be provided on 'a time and materials basis at an
hourly rate of $65.00;
All work shall be billed on a monthly basis.
'000
Aug 21 01 01 :45p Professional Design Assoc (805)526 -4731
August 3, 2001
Attn: Ms. Laura Stringer
CITY OF MOORPARK -- COMMUNITY DEVELOPMENT DEPARTMENT
799 Moorpark Ave
Moorpark, CA 93021
Dear Laura:
72M
PROFESSIONAL
0 E S 1 G N
ASSOCIATES
Landscape Architects
It was a pleasure speaking with you briefly on the phone this afternoon. As a resident
of Moorpark, I am personally excited to learn of your interest in our company as a
landscape architectural consultant to the City and will look forward to hearing from you
in the following weeks. Below 1 have included an introduction to our firm for your
review. We are a diverse landscape architectural company with a broad base
workload that encompasses not only developer- oriented projects, but many public and
private projects as well. We have earned a trusting relationship with all of our clients
over the years and are proud of the reputation we have built.
Professional Design Associates is a landscape architectural firm, which has specialized
in meeting the needs for the cost conscious client for over thirty years. As an efficient,
medium -sized firm, we can provide our clients with extremely competitive rates,
excellent response time and quality design services. Professional Design Associates is
committed to producing cost - effective and creative project designs, which are equally
economical to install and maintain.
We provide landscape architectural services for a variety of projects including, but not
limited to, master association and common areas, streetscapes, park and recreational
areas, model homes, slope erosion control, wall and fencing plans, entry monuments
and gated entries, as well as wildlife mitigation, fuel modification plans, commercial
development, public projects, estate planning and custom residential. Our design
services are customized for each client and range from colored conceptual landscape
designs to full working drawings. Our landscape architectural consulting fee is as
follows:
Landscape Architectural Consulting Services $65.00/hr.
As team players, Professional Design Associates takes pride in providing our clients
with a broad base of experienced staff. Our staff is experienced in the fields of
landscape architecture, landscape contracting, irrigation consultation and ornamental
horticulture. The following is a profile of our project management team:
Professional Design Associates . 2 139 Tapo Street • Suite 213 . Simi Valley, California 93063
(805) 526 -4374 • fax (805) 526 -4731
Jeremy Laurentowski - Registered Landscape Architect No. 4373
ATTACHMENT 2
Keith Walton
ffi
Project Manager
Mr. Laurentowski is the team leader for the Simi Valley office. He is a California State
Registered Landscape Architect and holds a Bachelor of Science degree in Landscape
Architecture from the University of California, Davis. Mr. Laurentowski has had a broad
base background in developer work," park planning, historical restoration, estate
planning, custom residential, habitat restoration as well as commercial and public
projects. He is well accustomed to working on a design team with engineers and
architects to prepare agency submittals. Mr. Laurentowski has proven to be creative
and innovative in his design presentations.
tamie D. Demolina, CA RLA #4113, NV RLA #495
Project Manager
Ms. Demolina is the team leader for the Upland office. She holds a Bachelor of
Science degree in Landscape Architecture from California Polytechnic University,
Pomona and is licensed in both California and Nevada and is CLARB certified. Ms.
Demolina is currently serving as an Architectural Commissioner in the City of
Claremont. She has experience that encompasses design and plan preparation of
projects ranging from model homes, streetscapes, slope erosion control, parks and
recreation areas, custom residential as well as commercial, industrial an revegetation.
Her diverse background provides Professional Design Associates with the opportunity
to provide our clients with design services that specifically meet their needs.
� I = r t �i
Our reputation has been built upon our timely completion of contractual obligations and
our ability to meet our clients' needs with quality service work. Our firm is large enough
to complete your project on schedule, yet small enough that we can give you
personalized service. Professional Design Associates has a support staff that is
available to meet specific client needs.
Under the same roof, Land Care, Inc., a landscape installation company, continues to
install a great deal of landscaping throughout Southern California. We specialize in
design/build for model homes but continually bid many projects of other landscape
architects and developers.
00 00�-1
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Below you will find a summary of our current customers and recent projects. Pleasel
feel free to call any of the clients listed as we are very proud of the reputation we h.
developed for getting the job designed • time and within budget.
City of Walnut — Donald Allen (909) 596-7543
• Lemon Avenue Streetscape - Walnut
• Suzanne Park Renovation - Walnut
• Grand Avenue Streetscape and Median Islands - Walnut
• Lemon Avenue Median Islands - Walnut
Cornerstone Properties — Dave Wendorff (310) 325-1330
• Highland Estates — Highland (Slopes, Wall and Fence, Frontyards)
• Bradley Court — South Pasadena (Entry, Streetscape, Common Areas, Slopes)
Greystone Homes - Ventura - Tom Dee (661) 260-2850
• Thille Community Master Plan — Ventura (Master Plan Document)
• Ventura Townhomes — Ventura (Tentative Tract)
• Romero Canyon — County of Los Angeles (Entry, Wall and Fencing, Frontyards,
Slopes, Fuel Modification, Mitigation) ,
• Riverwalk — Fillmore (Models, Wall & Fence, LMD Areas, Entry, Streetscapes,
Community Park, Mitigation)
• Alterra & Loreto — Moorpark (Models, Wall & Fence, Gated Entry, Frontyards)
• Belfiori — Moorpark (Models, Gated Entry, Wall and Fence, Frontyards)
• Breton — Stevenson Ranch (Models)
• Somervale — Palmdale (Models)
• Torcello — Stevenson Ranch, (Models)
• Dos Vientos — Thousand Oaks (Models, Wall & Fence, Slopes, Park & Greenbelt)
Greystone Homes -South Coast — DoyaWoodward (949) $52-9411
• Cam Rosa — Anaheim (Models, Wall & Fence, Perimeter & Street Tree)
• Wynderlee — Orange (Models)
• Brisbane — Irvine (Models)
• Sheridan — Lower Peters Canyon (Models)
• Grand Oaks — Glendora (Entry gates, Wall & Fence, Perimeter & Park)
• Acacia — Irvine (Models)
• Crystal Cove — Newport Coast (Models)
• Northpark Square — Irvine (Models)
Griffin Industries — David Griffin (818) 591-2500
• Hometown — Fillmore (Models, Streetscapes, Frontyards & Community Park)
John Laing Homes— Van Nuys Division — David McKinzie (818) 830-3360
• Auburn Lane— Simi Valley (Models)
• Cross Roads — Simi Valley (Models)
• Milestone — Simi Valley (Models)
• Sueno & Promesa — Oxnard (Models)
• The Grove — Stevenson Ranch (Models)
Lennar Communities
• Belflori — Moorpark (perimeter Wall and Fencing)
• Stevenson Ranch Sports Park and School Site — Stevenson Ranch (Perimeter LMD
Slopes and Fuel Modification)
• Cantera — Moorpark (Perimeter Wall and Fencing)
• 11'averly on the Green
• Village Green & Village Crest — Corona
• Promenade — Corona (Models, Wall & Fence, Slopes & LMAD Areas,
(Models, r Fence, Slopes, ♦ Areas)
• Sutton Place Temecula ••' ls, Wall i Fence i. Slope
Shea thanes — Les Thomas (714) 995 - 1300
• Highlands - Mission Viejo (Models)
• Cantomar — Forester Highlands (Models)
• Seneca — Riverside (Models, Entry, Frontyards & Slope Plans)
• Copperstone - Mission Viejo (Models)
• Victoria Grove — Riverside (Park Site)
• Skyview - Aliso Viejo (Models, Entry, Wall & Fence & Slope Plans)
00co 7 &
13
wfento-W'-s'ki — RNA 4373
Architect
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