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HomeMy WebLinkAboutAGENDA REPORT 1987 1007 CC REG ITEM 08LCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tem THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk MOORPARK MEMORANDUM TO: The Honorable Mayor and City Council FROM: Thomas P. Genovese, Deputy City Manager DATE: October 1, 1987 1, 97. ITEM '2, Lo STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer SUBJECT: AGREEMENT FOR INSPECTION SERVICES FOR CONSTRUCTION OF PEACH HILL PARK -- ----- ----- ---- _- - -�_ -- As the City Council is aware, Peach Hill Park is currently under construction with the expected completion date of February 8, 1988. To assist in the administration and inspection of the Park, as the contractor proceeds with its development, the attached Agreement has been prepared. The Agreement is proposed to be secured with R.W. Graham and Associates which is the firm with whom the City contracted for the preparation of the plans and specifications and bid documents for the park. The current contract proposal calls for a not to exceed 150 hours of inspection and administration at a rate of $30.00 per hour. The costs for these services will be covered through the salary and benefit savings due to the vacancy of the Director of Community Services position. RECOMMENDATION: Authorize Mayor to execute the Agreement for Services with R.W. Graham and Associates. TPG: rjh 799 Moorpark Avenue Moorpark, Catifonnia 93021 (805) 529 -6864 CONTRACT FOR SERVICES THIS AGREEMENT, made this day of , 19871 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, independent contractors, located at 2639 Lavery Ct. #1, Thousand Oaks, CA 91320, hereinafter referred to as "CONTRACTOR ", WITNESSETH: THE PARTIES HERETO DO AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTACT This Agreement will become effective on , 1987, 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, dated July 25, 1986, and Addendum to Exhibit "A ", dated July 31, 1986. Contractor will determine the method, details and means of performing the above described services. ARTICLE 3. RESPONSIBLE PERSON IN CHARGE George W. Lauterbach will serve as the principal person responsible for performance of the Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. ARTICLE 4. ASSIGNMENT Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor within prior without 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 the City. Contractor shall comply with all applicable provisions 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. Hold Harmless Contractor agrees to indemnify, save, keep and hold harmless 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 any 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. 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, c/o City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to Contractor at 300 Montgomery Avenue, Oxnard, California 93030, 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. 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 written above. CITY OF MOORPARK: By Mayor ATTEST: City Clerk C O N T R A C T O R By Its And by Its NO 40 R. W. GRAHAM & ASSOCIATES 2639 Lavery Ct. #1, Thousand Oaks, California 91320 (805) 499 -7380 LANDSCAPE ARCHITECTURE PLANNING Se �tember. 4, 1Q47 City, of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: Air. Ton Genovese Reference: Proposal of Landscape Architectural Services and Fees for observation of the construction of Peach Hill Park. Dear Mr. Genovese R. W. Graham & Associates is pleased to present this proposal for the observation of the construction contract for Peach Hill Park. I. SCOPE OF WORK The following terms arid conditions define the scope of landscape architectural services to be performed by 1:. W. Graham & Associates, hereinafter referred to as the "Landscape Architect ", for the City of Moorpark, hereinafter referred to as the "Owner". A. OBSERVATION OF THE CONSTRUCTION co. %! .'P.Acr 1. Trip Landscape Architect shall visit the site at intervals ar)propriate to the state of constr.ucti.on, to beco,ne gerier .l aly familiar with the pror-ires.s and nuality of the work arl(t to determ -irle in gellera). Lf th(e woz-!:_ LS 111 iccor0-- trice with tile' C(-.)r1tra(,t Documents. However, L,-lncAscape :7�rclliitect shall. not be reqll.ir( -(! to make exhaustive or Continuous on -site inspections to check the quality or quantity of t.'-'e Wort:. On the basis of such on -site observations as a Landscape Architect, the Landscape Architect stealI keep the Owner inforrled of the progress and aual.i.ty of the work, arid shall endeavour to quard the Owner against defects and deficiencies in the work of tle Contr,3ctor in the Landscape Architect's area of expertise. -- RECEIVED -- sF P 91981 2. The Landscape Architect shall not have the control or charge of and shall not be responsible for construction means, *methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, Sub- contractors or any other persons performing any of the work in accordance with the Contract Documents. 3. Interpretations and decisions of the Landscape Architect shall be consistent with the intent of the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Landscape Architect shall endeavour to secure faithful performance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or c?ecision rendered in 000d faith in such capacity. 4. The Landscape Archtect shall have authority to reject work which does not conform to the Contract Documents. 6;henever, in the Landscape Architect's opinion, it is necessary or advisable for the implementation of the intent of the Contract documents, the Landscape Architect will have authority to require special inspection or testinq of the work in accordance with the. provisions of the Contract Documents, whether or not such work be then fabricated, installed or completed. 5. The Landscape Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the work riot involving an adjustment in the contract sum. 6. The Landscape Architect shall riot be responsible for the acts or omissions of the Contractor, or any Sub- contractors or any of the Contractor's or Sub- contractor's agents or employees or any other persons performing any of the work. 7. The Landscape Architect shall provide general coordination and administration when directed by the agents of the City. II. LANDSCAPE ARCHITECTURAL FEE SCHEDULE A. The Owner shall pay the Landscape Architect for services on an hourly basis listed below. At this time it is expected that the observation shall require 150 hours. Landscape Architect $30.00 /hr. Mileage $ .21 /mile Travel time is from port to port @ $ 30.00 /hr. Billings will be sent monthly for services completed. III. OWNER'S RESPONSIBILITIES The Owner shall provide full. information recaarding his requirements for the Project as expeditiously as necessary for the orderly progress of the wor]c. IV. 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 crate, including reimbursable expenses then due. V. EXTENT OF AGREEMENT This Agreement renresents the entire and iritegrated agreement between the Owner and the Landscape Architect and supersedes all. prior negotiations, representations, or agreements, either written or oral. 'his Agreement may be amended by written instrument signed by both Owner and Landscape Architect. V1. GOVERNING LAW Unless otherwise specified, this Agreement shall be governed by the law of the place of husi.riess of the Landscape Architect. VII. BINDING ON SUCCESSORS AND ASSIGNS This Agreement and the covenants contained herein shall be binding upon the Owner and the Landscape Architect, their /its respective partners, heirs, administrators, successors, legal representatives and assigns. VIII.ATTORNEYS FEES AND COSTS Should a suit be brought or a legal. action be commenced by either Owner or Landscape Architect in order to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee plus courts costs, whether said suit or action be brought to judgment or otherwise. If this constract meets with your approval please sign below and return a copy to our office for our files. By DATED: 7 ROLAND GRAHAM, LANDSCAPE ARCHITECT, LICENSE # 2369 _ CITY OF MOORPARK DATED: