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HomeMy WebLinkAboutAGENDA REPORT 1986 0616 CC REG ITEM 10MJAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tem ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer MOURFAKIlik. MEMORANDUM T O The Honorable City Council FROM : Thomas P. Genovese, Administrative Assistant' ID IA- T E - June 12, 1986 STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police S U $ JE C T _ Amendment to Agreement for Landscape Architect Services R A ('l!(`Dn1TMn . Attached is the Amendment of Agreement for Landscape Architect Services for Peach Hill Park. The Amendment is for increase of services for development of the said park site. As noted on the attached original agreement, the amount of compensation for services is Twenty Five Hundred Dollars ($2,500). The request from the Contractor is for an additional Three Thousand Five Hundred Dollars (3,500) to complete the balance of the proposed project. RECOMMENDATION: Approve the Amendment to Agreement for Landscape Architect Services and authorize the Mayor to sign the said Agreement. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Amendment to Agreement for Landscape Architect Services This Amendment to Agreement for Landscape Architect Services, made and entered into this 1st. Day of July, 1986, by and between the City of Moorpark, California, a municipal corporation, hereinafter referred to as "City" and R.W. Graham & Associates, an independent contractor, hereinafter referred to as "Contractor" - WITNESSETH- IT IS HEREBY AGREED BETWEEN THE PARTIES: 1. That ARTICLE 3 of that certain Contract for Services between the City and Contractor for the performance of certain services specified for in the said agreement shall be amended as follows: "Compensation for the services to be performed by Contractor shall not exceed Six Thousand Dollars ($6,000) without additional authorization by the City." 2. That in all other aspects, said Agreement for Landscape Architect Services shall remain in full force and effect. EXECUTED IN DUPLICATE at Moorpark, California on the date and year first hereinabove written. R.W. GRAHAM & ASSOCIATES CITY OF MOORPARK, CALIFORNIA a municipal corporation By Title ATTEST: Mayor City Clerk -- RECEIV S E P t 51985 CONTRACT FOR SERVICES City of Moorpark THIS AGREEMENT, made this 16th day of September , 198 5 between the City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark, California 93021, hereinafter referred to as "CITY ", and R. W. Graham & Associates, an independent contractor, located at 1710 West Hillcrest #126, Thousand Oaks, California 91320, hereinafter referred to as "CONTRACTOR ", WITNESSETH: THE PARTIES HERETO DO AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTRACT This agreement will become effective on September 16 198 5 , and will continue in effect until the completion of the project, unless sooner terminated as provided hereinafter. ARTICLE 2. SPECIFIC SERVICES The Contractor agrees to perform the services specified in the proposal attached to this agreement and designated as EXHIBIT A. Contractor will determine the method, details and means of performing the above - described services. ARTICLE 3. COMPENSATION Compensation for the services to be performed by the Contractor shall not exceed Twenty Five hundred Dollars ($2,500) without additional authorization by the City. /• _on* I , :.or silo_ _ subm, t t0 services rendered at the end of services are rencerec. The City to Conn ractor within thirty (30) sa 16 in•.?oicc� . -1 - City a written invoice or each month during which the agrees to pay the amount cue days following receipt of ARTICLE 4. ASSIGNMENT Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without prior written consent of City. ARTICLE 5. OBLIGATIONS OF CITY City agrees to comply with all reasonable requests of Contractor relative to, and provide access to all documents reasonably necessary for, the performance of Contractor's duties under this agreement. ARTICLE 6. TERMINATION Termination by either party may be accomplished upon seven (7) day written notice. ARTICLE 7. GENERAL PROVISIONS Independent Contractor Contractor is and at all times shall remain as to City a wholly independent contractor. Contractor shall not, at any time or in any manner, represent that he is an officer, employee or agent of City. Contractor shall comply with all applicable pro- visions of the Workers' Compensation Insurance and Safety Acts and Labor Code of the State of California. Ownership of Documents Upon completion of any writing required to be provided by Contractor in the course of performing any of the above - described services, or upon sooner termination of this agreement, all original documents prepared by Contractor shall become the sole property of City and may be used, reused or otherwise disposed of b"• Cite without the permission of Contractor. Eold ?iarmless Conn- i-.::ctor agrees to indemnify, save, 'r:eeo and hold :gar: - less �': �� a -:C: aI i of its officers ar.d emolo•.�`es from X111 claims, .i::; "ces, costs or ex pe.nseS � la,.. o:" iL -C:-j c,.�s..> ��• � ?nc e:- :oenses �o ec_�. _ �e .•lc�_s, t -�. a 1 ?::'' :1 „1C a ise or be set un because of da- -.iace to Jropor-�'.' or L:: or C: --a t.: t0 JerSOnS rCCelved or suffer CSC: _'C"Ison O: Or ?• i i�:C; olit of, any act on the part of Contractor• In o an,,, lun tion or ?C i_ %,itv carried Out b`' COntrc ?Ct0_” O:ti b< -1 1.f C) : C1 tt' to terms of this agreement. -2- 1 Notices Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing or by certified mail, postage prepaid, return receipt requested. Mailed notices_ shall be addressed to City in-cake--6f City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to Contractor at 1710 West Hillcrest #126, Thousand Oaks, California 91320, but each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the second (2nd) day after mailing. Entire Agreement of the Parties This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to City, and contains all of the covenents and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agree- ment acknowledges that no representatives, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective if it is in writing signed by the party to be charged. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of California. Attornev's Fees Should either party hereto institute any action or proceeding of any nature whatsoever in a court of law, equity, or otherwise to enforce any provisions of this Agreement or for a declaration of such party's rights or obligations hereunder or for any other remedy, the prevailing party shall be entitled to receive from the losing party its costs, including such amount as the Court or arbitration panel may adjudge to be reasonable attorney's fees for the services rendered the party finally prevailing in any such action or pro- ceeding. Unless judgment goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but s'.all be such as to fully reimburse the prevailing party for all its /their attorney's fees actually incurred in good faith, regard- less of the amount of such judgment, it being the intention of the parties to fully compensate the prevailing party for all attorney's L ees paid or incurred in good faith. -3- Venue This agreement is made, entered into, executed and is to be performed-.-in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpreta- tion, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. City's Agent The Moorpark City Manager, or his designee shall have the right to review, coordinate and approve all work to be performed by the Contractor pursuant to this agreement, and shall be the City's agent in this matter. EXECUTED in duplicate at Moorpark, California, on the date and year first above written. CITY OF MOORPARK By Mayor ATTEST: City Clerk C I T Y R. W. GRAHAM & ASSOCIATES i And By Its N C O N T R A C T O R STATE OF COUNTY OF CERTIFICATE OF ACKNOWLEDGMENT California Ventura ) ss . On this 24 day of September in the year 1985 before me n4ela q- HnkPr personally appeared * *R.W. Graham* personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Owner of the unincorporated association therein named and acknowledged to me that said association executed it. Notary Public r• ell- rr R. W. GRAHAM & ASSOCIATES 1710 West Hilicrest 0126, Thousand Oaks, Callfomia 91320 (805) 499 -7380 LANDSCAPE ARCHITECTURE PLANNING August 26, 1985 RECEIVED AGG 2 6 1985 City of Moorpark lity Of Mr- 799 Moorpark Avenue Moorpark, CA 93021 Attention: Mr. Steve Kueny Moorpark City Manager Reference: Peach Hill Park In response to your request for a proposal, on August 22, 1985 R.W. Graham & Associates is pleased to present this proposal for landscape architectural services for Peach Hill Park. I. SCOPE OF WORK The following terms and conditions define the scope of Landscape Architectural services to be performed by R.W. Graham & Associates, hereinafter referred to as the "Landscape Architect ", for the City of Moorpark, hereinafter referred to as the "Owner ". o Plan check the Construction documents to include but not limited to the following. Construction and dimensioning plans Construction details Grading and drainage Irrigation plans Planting plans Specifications EXHIBIT 1 1 o Provide coordination between the City of Moorpark and Pacifica. o Field inspection All elements which are delineated on the construction documents will be inspected as to their accuracy and completeness. Approvals of plant and landscape materials are included in the services. II. LANDSCAPE ARCHITECTURAL FEE SCHEDULE A. The Owner shall pay the Landscape Architect for services at the following hourly rates: Project Managers /Landscape Architects $25.00 /hr. Draftsmen $15.00 /hr. Clerical Services $10.00 /hr. Travel Hourly + $ .14 / mile C. The Landscape Architect reserves the right to renegotiate the above fees if the project design and construction period exceeds two years from the date the contract is signed. D. Payment due the Landscape Architect under this Agreement and unpaid after thirty (30) days shall bear interest at the maximum rate permitted by law commencing thirty (30) days after the billing date. III. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days written notice. In the event of termination, the Landscape Architect shall be paid compensation for services performed to termination date. IV. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Landscape Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended by written instrument signed by both Owner and Landscape Architect.