HomeMy WebLinkAboutAGENDA REPORT 2002 0306 CC REG ITEM 10EMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM / 0 - '�F-
CTTY OF %1OORP;ARK, CALTT'OR -NTA
City Cmincil Meeting
ACTION: = -fdG --
F
BY.
To: The Honorable City Council
From: Deborah S. Traffenstedt, Acting Community Development
Director S
Prepared By: Laura Stringer, Senior Management Analyst
Date: February 27, 2002 (CC Meeting of 3/06/02)
Subject: Consider Authorizing the City Manager to Sign Amendment
No. 2 to Professional Services Agreement between the City
of Moorpark and Professional Design Associates for
Additional Work in the Preparation of Landscape Design
Guidelines
BACKGROUND
On September 5, 2001, the City Council authorized the City Manager
to sign a Professional Services Agreement with Professional Design
Associates for Landscape Review and Inspection Services. At the
September 5, 2001, meeting the City Council also directed staff to
work with the landscape consultant on a proposal to develop
landscape guidelines specific to the needs of the City of Moorpark.
Professional Design Associates has provided a proposed scope of
work and not -to- exceed budget of $14,170 for that work.
DISCUSSION
The City of Moorpark has historically used the Ventura County
Landscape Guidelines as the reference document for landscape and
irrigation plan preparation and review. Although the Ventura County
Guidelines provide industry- accepted criteria, they do not cover
the specific needs of the City of Moorpark. At the September 5,
2001, Council meeting, Council approved a Professional Services
Agreement with Professional Design Associates for landscape review
and inspection services associated with entitlement requests and
other landscape and inspection services as needed. The term of the
agreement was to January 31, 2002, with authorization for the City
Manager to extend the agreement beyond that date. The City Manager
The Honorable City Council
Addendum to Agreement for Landscape Consultant Services
CC Meeting March 6, 2002
Page 2
has extended the term of the Agreement for an additional year to
January 31, 2003.
Also at the September 5, 2001, meeting, City Council directed staff
to work with the landscape consultant on a proposal to develop
landscape guidelines specific to the needs of the City of Moorpark.
The landscape consultant has prepared a budget and scope of work,
along with an outline of the proposed guidelines. An outline of the
proposed guidelines is included as Attachment 2. The proposed City
of Moorpark Guidelines will include the list of invasive and
prohibited plants as previously recommended by the Council. It
would be appropriate at this time for Council to provide staff and
the consultant with any additional comments and recommendations for
the development of the guidelines. Another copy of the Ventura
County Landscape Guidelines has been provided to the Council under
separate cover for comparison with the outline proposed by the
consultant.
The total budget of $14,170 includes $5,915 for the Guidelines,
$4,615 for the Appendix and $3,640 for Optional City Standard
Landscape Details, all as described in Exhibit A of Attachment 1.
The consultant has also included time for meetings with staff and
attendance at Planning Commission and City Council meetings during
the review and approval process. The Community Development
Department/ Planning Division Budget currently includes funds for
Special Professional Services sufficient to cover the estimated
expense.
Staff has reviewed the scope of work and recommends that the City
Manager be authorized to sign an amendment to Professional Services
Agreement with Professional Design Associates for additional work
to develop the Landscape Guidelines, Appendix and Optional
Standards for a not -to- exceed amount of $14,170.
STAFF RECOMMENDATIONS
1. Provide additional recommendations on the content of the
guidelines as deemed appropriate.
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The Honorable City Council
Addendum to Agreement for Landscape Consultant Services
CC Meeting March 6, 2002
Page 3
2. Authorize the City Manager to sign Amendment No. 2 to the
Professional Services Agreement with Professional Design
Associates to develop Landscape Guidelines, Appendix and
Optional Standards for a not to exceed amount of $14,170.
Attachments:
1) Amendment No. 2 to Professional Services Agreement with
Professional Design Associates
2) Outline of proposed Landscape Guidelines
3) Professional Services Agreement between City of Moorpark and
Professional Design Associates
4) Amendment No. 1 to Professional Services Agreement with
Professional Design Associates
5) Ventura County Landscape Guidelines (Under separate cover)
C. Dana Shigley, Administrative Services Director
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Amendment 2 to Professional Service Agreement between City of
Moorpark and Professional Design Associates for Review of
Landscape Plans and Specifications and Landscape Inspections
Services
A Professional Service Agreement between the City of Moorpark and
Professional Design Associates was approved by the City Council on
September 5, 2001, and signed by the City Manager on October 3,
2001. The agreement authorizes Professional Design Associates to
provide landscape plan review and inspection services to the City
at an hourly rate of sixty -five dollars ($65.00). Professional
Design Associates, at the request of the City, has prepared a Scope
of Work and Budget for the development of Landscape Guidelines, at
a not -to- exceed cost of $14,170 (Exhibit A).
Section I, Scope of Work, of Professional Services Agreement
between the City of Moorpark and Professional Design Associates is
hereby amended to include the additional work as described in
Exhibit A.
Section II, Compensation, of Professional Services Agreement
between the City of Moorpark and Professional Design Associates is
hereby amended to include a not -to- exceed $14,170 authorization for
additional work as described in Exhibit A.
All other terms and conditions of the agreement shall remain in
effect.
CITY OF MOORPARK CONSULTANT
Steven Kueny
City Manager
Date:
Attachment: Exhibit A
Jeremy Laurentowski
Professional Design Associates
Date:
C. Deborah S. Traffenstedt, ATCM /City Clerk /Personnel Officer
Laura Stringer, Senior Management Analyst
CP n 7
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��va.iS i
February 1, 2002
Attn.: Mr. Laura Stringer
CITY OF MOORPARK
799 Moorpark Road
Moorpark, CA 93021
EXHIBIT 4
RE: Landscape Architectural Estimate
'City of Moorpark Landscape Design Guidelines'
Dear Laura,
PROFESSIONAL
0 E S 1 6 N
ASSOCIATES
Landscape Architects
Per your request, the following is an estimate of the hours that would be required to prepare the
Landscape Design Guidelines specific to the City of Moorpark. As we discussed, we have assigned
an hourly estimate to each task identified on the attached outline. Please note that the following is a
conservative estimate and accounts for meetings with City Departments, arborist evaluations and
research time.
We have also included an option for City Standard Landscape Details that would be included in the
Landscape Design Guidelines as either hard copies included in the appendix or a CD distributed with
the guidelines, or both.
City of Moorpark Landscape Design Guidelines:
TASK
I. GENERAL
II. PROCESSING PROCEDURES
III. PLAN SUBMITTAL REQUIREMENTS
IV. INSTALLATION VERIFICATION
V. WATER CONSERVATION
VI. LMD and PUBLIC RIGHT -OF -WAY
VII. COMMERCIAL AND INDUSTRIAL
VIII. PARKING AREAS
IX. PARK AND RECREATION AREAS
X. EROSION CONTROL
XI. RESIDENTIAL DEVELOPMENTS.
APPENDIX:
ESTIMATE
4 HRS.
4 HRS.
17 HRS.
4 HRS.
2 HRS.
18 HRS.
10 HRS.
4 HRS.
8 HRS.
6 HRS.
14 HRS.
SUB -TOTAL 91 HRS. @ $65 /HR. _ $5,915.00
I LANDSCAPE SUBMITTAL PLAN CHECKLIST 4 HRS.
II GENERAL RECOMMENDED PLANT LIST 35 HRS.
III INVASIVE AND PROHIBITED PLANT 4 HRS.
LIST
III RECOMMENDED TREES FOR STREETS 12 HRS.
AND PARKING AREAS
IV RECOMMENDED PLANT LIST FOR 8 HRS.
MEDIANS AND PUBLIC - RIGHT -OF -WAY
V RECOMMENDED PLANT LIST FOR 8 HRS. ��
EROSION CONTROL
SUB -TOTAL 71 HRS. @ $65 /HR. _ $4,615.00
Professional Design Associates • 2139 Tapo Street . Suite 213 • Simi Valley, California 93063
(805) 526 -4374 . fax (805) 526 -4731 RECEIVED
Jeremy Laurentowski - Registered Landscape Architect No. 4373
r r n A nnnn
Optional City Standard Landscape Details in AutoCAD file format 56 HRS.
• Tree and Shrub Planting Details (approx. four details total)
• Irrigation Equipment Details (i.e. reduced pressure backflow, spray head, root barrier, quick coupling
valve, etc. — approx. 10 details total)
• Review by City staff and revised accordingly
SUB -TOTAL 56 HRS. @ $65 /HR. _ $3,640.00
TOTAL 218 HRS. @ $65 /HR. _ $14,170.00
If you have any questions please feel free to give me a call.
Sincerely,
Professional Design Associates
Jeremy Laurentowski - RA�1. 44373 Date
y
r
LANDSCAPE DESIGN GUIDELINES
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
GENERAL
(Purpose of the guidelines, general text on drought tolerant planting, developing community
character and ADA accessibility)
IL PROCESSING PROCEDURES
A. PRE - SUBMITTAL MEETING
B. LANDSCAPE PACKAGE SUBMITTAL
1. CONCEPTUAL LANDSCAPE PLAN
a. Tree, Shrub and Groundcover Plant Palette
b. General sizes and locations
c. Design elements, site features, flatwork layout
1) Project entry monumentation, walls and fences, paving and walkways,
site amenities, etc.
C. PLAN REVIEW and APPROVAL
D. GUARANTEE /SURETY and EXONERATION OF SURETY
E. INSTALLATION AND INSPECTION
F. ENFORCEMENT
III. PLAN SUBMITTAL REQUIREMENTS
A. PLAN CHECK FEES and PROCEDURE
B. GENERAL PLAN PREPARATION REQUIREMENTS
1. GENERAL REQUIREMENTS
2. BASE SHEETS
3. TITLE BLOCK, SIZE, SCALE, ETC.
C. PLANTING PLAN REQUIREMENTS
L GENERAL DESIGN GUIDELINES
2. PLAN PREPARATION REQUIREMENTS
a. Planting Symbols, legends, etc.
4. SOILS ANALYSIS
5. CONSERVATION MEASURES
6. POST INSTALLATION MAINTENANCE
D. IRRIGATION PLAN REQUIREMENTS
1. GENERAL DESIGN GUIDELINES
2. PLAN PREPARATION REQUIREMENTS
a. Irrigation symbols, design and static pressure, water purveyor, legends,
backflow protection, etc.
3. WATER BUDGET AND PROJECTED WATER USE
4. CONSERVATION MEASURES
5. MAINTENANCE PROGRAM
IV. INSTALLATION VERIFICATION
A. APPROVED PLANS /CONDITIONS
B. LANDSCAPE CONDITION COMPLIANCE REVIEW
C. MAINTENANCE REVIEW
V. WATER CONSERVATION
(Water Budget and Projected Water Use calculations per the Ventura County Guidelines)
ATTACHMENT 2-
If ►f* 01�r
V1. LMD and PUBLIC RIGHT -OF -WAY
A. GENERAL
(Design intent)
1. PARKWAYS
a. IRRIGATION DESIGN STANDARDS
b. PLANTING DESIGN STANDARDS
1) Shrub and tree quantities
2) Size requirements
3) Maintenance Safety
2. MEDIAN ISLANDS
a. IRRIGATION DESIGN STANDARDS
b. PLANTING DESIGN STANDARDS
1) Shrub and tree quantities
2) Size requirements
3. Maintenance & Safety
3. SLOPES
a. ADJACENT TO NATIVE OR NATURAL AREAS
1) IRRIGATION DESIGN STANDARDS
2) PLANTING DESIGN STANDARDS
a) Fuel Modification (general text in regards to Fuel Modification
Guideline taking precedence over City Standards)
b) Shrub and tree quantities
c) Size requirements
b. ADJACENT TO STREET FRONTAGE OR MAJOR ARTERIAL
3) IRRIGATION DESIGN STANDARDS
4) PLANTING DESIGN STANDARDS
d) Fuel Modification (general text in regards to Fuel Modification
Guideline taking precedence over City Standards)
e) Shrub and tree quantities
0 Size requirements
VII. COMMERCIAL AND INDUSTRIAL
B. STREET FRONTAGE
A. GENERAL
(Design intent)
a. IRRIGATION DESIGN STANDARDS
b. PLANTING DESIGN STANDARDS
1) Shrub and tree quantities
2) Size requirements
B. ON -SITE
1. GENERAL
(Design intent)
a. IRRIGATION DESIGN STANDARDS
b. PLANTING DESIGN STANDARDS
1) Shrub and tree quantities
2) Size requirements
c. TRASH ENCLOSURES
VIII. PARKING AREAS
A. GENERAL
(Design Intent and City Standards)
B. IRRIGATION DESIGN STANDARDS
C. PLANTING DESIGN STANDARDS
1. Minimum Landscape Area per Parking sq. ftg.
2. Min. Tree quantities per Parking spaces
3. Shrub and groundcover planting requirements
4. Size requirements
IX. PARK AND RECREATION AREAS
A. GENERAL
(Design Intent)
B. IRRIGATION DESIGN STANDARDS
C. PLANTING DESIGN STANDARDS
1. Min. tree quantity per acre
2. Shrub and groundcover planting requirements
3. Size requirements
X. EROSION CONTROL
A. GENERAL
(Design Intent, engineering requirements, ht. standards for required landscaping)
B. IRRIGATION DESIGN STANDARDS
C. PLANTING DESIGN STANDARDS
1. Shrub and tree quantities with flatted groundcover
2. Shrub and tree quantities with hydroseeded groundcover
3. Tree and shrub size requirements
4. Maintenance
Xl. RESIDENTIAL DEVELOPMENTS
A. GENERAL
(Design Intent and water conservation statement)
B. MODEL HOMES (per Vta. County Design Guidelines)
1. IRRIGATION DESIGN STANDARDS
2. PLANTING DESIGN STANDARDS
3. MODEL HOME SIGNAGE
C. FRONTYARDS
1. IRRIGATION DESIGN STANDARDS
2. PLANTING DESIGN STANDARDS
a. Min. shrub and tree quantities
b. Min. plant size requirements
D. STREET TREES
1. PLANTING DESIGN STANDARDS
a. Size and spacing requirements
E. WALL AND FENCING
1. General Design Guidelines for perimeter, interior tract and gates
2. General statement in regards to Vta. County Fire Department Guidelines
F. STREETSCAPE CONCEPT
1. General Concept and statement about community character.
2. Statement in regards to submittal and review process
G. VIEW CORRIDORS AND RIDGE LINES
1. General Concept and statement in regards to preserving view corridors and ridge
lines.
APPENDIX:
I LANDSCAPE SUBMITTAL PLAN CHECKLIST
II GENERAL RECOMMENDED PLANT LIST
III INVASIVE AND PROIIIBITED PLANT LIST
IV RECOMMENDED TREES FOR STREETS AND PARKING AREAS
V RECOMMENDED PLANT LIST FOR MEDIANS AND PUBLIC- RIGHT -OF -WAY
VI RECOMMENDED PLANT LIST FOR EROSION CONTROL
is A °la r l�
V V ro;'.0
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 .5y*, _1. day of- �.`i:r =�'"
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 3
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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 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 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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s %P4.,t -�
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.
0. 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 implement d if different than the
date of the Agreement. //
CITY OF MOORPARK: PR"SION)KL Iq''E�-ZG /ASSOCIATES:
ven Kueny
City Manager
ATTEST:
rem Laurentowski, CA RL 04373
Pro' ct Manager
Deborah S. Traffenstecdt, City Cler
Attachments:
Exhibit A: Scope c
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.
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.
Amendment 1 to Professional Service Agreement between City of
Moorpark and Professional Design Associates for Review of
Landscape Plans and Specifications and Landscape Inspections
Services
A Professional Service Agreement between the City of Moorpark and
Professional Design Associates was approved by the City Council on
September 5, 2001, and signed by the City Manager on October 3,
2001. The agreement authorizes Professional Design Associates to
provide landscape plan review and inspection services to the City
at an hourly rate of sixty -five dollars ($65.00), with a term to
January 31, 2002. The agreement provides for extension beyond that
date upon written approval of the City Manager.
Section IV, Term of Agreement, of Professional Services Agreement
between the City of Moorpark and Professional Design Associates is
hereby extended to January 31, 2003.
All other terms and conditions of the agreement shall remain in
effect.
CITY OF MOORPARK
Steven Kueny
City Manager
Date:
CONSULTANT
Jeremy Laurentowski
Professional Design Associates
Date:
C. Deborah S. Traffenstedt, ATOM /City Clerk /Personnel Officer
Laura Stringer, Senior Management Analyst
E:
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