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Home My WebLink AboutAGENDA REPORT 1986 0707 CC REG ITEM 11AJAMES 0. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: FROM: DATE : IVIOURFAK14*V, MEMORANDUM The Honorable City Council Thomas P. Genovese, Administrative July 3, 1986 Assistant 4$ 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 B J E C T: Amendment to Agreement for Landscape Architect Services. RACXCRnTTNn As the City Council is aware the City of Moorpark is currently contracting with R.W. Graham & Associates for the Landscape Architectual Services for Peach Hill Park. Todate the said contractor has completed such items as; coordination of the bid process on the restrooms /storage building, co- ordination of the bid process for the design /engineering for the playfield and interior park lighting, conduct and coordinate soils testing, conduct grading analysis of park site, conduct and prepare reports on the eucalyptus trees, review photometric studies of playfield lighting, develop specifications for certain amenities (added by the City per the new conceptual design) and assist in the negotiations with Pacifica regarding the Peach Hill Park Agreement. As the City proceeds with the development of the said park, staff has found it necessary to utilize the services of R.W. Graham Associates to a greater extent. The said contractor's fees are very reasonable in comparison to other contractors with similar expertise. Attached is the Amendment to Agreement for Landscape Architect Services for R.W. Graham & Associates. The Amendment is for additional services needed such as; coordination with contractors for playfield lighting installation, coordination and supervision of building construction, coordination of the balance of other amenities to be provided in the park, and preparation of 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Landscape Architect Services July 3, 1986 Page 2 grading plan and plan checking of prior park design. It should be noted that the City may initially incurr expenses for some plan check fees by R.W. Graham & Associates that cause the contract to exceed the stated amount, however, these expenses will be reimbursed by Pacifica Corporation pursuant to the Peach Hill Park Agreement. Staff is estimating that the balance of the proposed project may be completed for Five Thousand Dollars ($5,000). This additional amount of $5,000 in conjunction with the authorized amount for initial services $2,500, will increase the contract amount to Seven Thousand Five Hundred Dollars ($7,500). RECOMMENDATION: Approve the Amendment to Landscape Architect Services of R.W. Graham & Associates and authorize the mayor to sign the said Agreement. MOORPARK, CALIFORNIA City Council Meeting of _ 19g L Y sue_ � _ � �• � By Amendment to Agreement for Landscape Architect Services This Amendment to Agreement for Landscape Architect Services, made and entered into this 7th 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 Seven Thousand Five Hundred Dollars ($7,500) 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 Ar -- RECEIV -- REP r 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. Contractor shall submit to City a written invoice of services rendered at the end of each month during which the services are rendered. The City agrees to pay the amount due to Contractor within thirty (30) days following receipt of said invoice. -1- I 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 by City without the permission of Contractor. Mold Harmless Contractor agrees to indemnify, save, keep and hold harm- less City and all of its officers and employees from all claims, actions, suits, damages, costs or expenses in law or equity, including costs of suit and expenses for legal services, that may at anv time arise or be set up because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any act on the part of Contractor in regard to any function or activity carried out by contractor on behalf of City pursuant to the terms of-this agreement._ -2- \ 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 care of 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 judjment goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall 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 fees paid or incurred in good faith. -3- 1 . 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 a! 1 Mayor ATTEST: A i� �__4 Z,�� City Cler C I T Y R. W. GRAHAM & ASSOCIATES L As A. - 9, i And By Its C O N T R A C T O R CERTIFICATE OF ACKNOWLEDGMENT STATE OF California ) ss. COUNTY OF Ventura On this 24 day of September in the year 1985 before me ela i�akPr 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. ' l Notary Public ; (SEAL) s „rte _ • •�. .. 17T 71