HomeMy WebLinkAboutAGENDA REPORT 1991 1106 CC REG ITEM 08GMOORPARK
799 Moorpark Avenue Moorpark, California 93021
M E M O R A N D tl M
TO: The Honorable City Council
I�\ $ r
ITEM t�•(::?.
(805) 529 -6864
DCRPARK, CALIFORNIA
G.y Council Meeting
Kenneth C. Gilbert, Director of Public Work
FACTION:
DATE: October 28, 1991 (Coun(il Meeting 11 -6 -91)
SUBJECT: Approval of an Annual "ontract for Landscape
Architectural Servir:E
OVERVIEW
This requests approval of the selection of Landscapes to perform
certain landscape architectural iesign °services for the City.
DISCUSSION
A. Request for _Proposals
Staff made a request of sejeral local qualified landscape
architects, that they prepare and submit a proposal for the
design of parkway irrigation ind landscaping on the north side
of Los Angeles Avenue west of Spring_ Road. Only two proposals
were received.
B. Selection of Landscapes, Inic:,
One of the proposals was submitted by Landscapes. This firm has
the experience and qualificatons to perform the work required.
The amount of the fee, at $72G was very competitive. For these
reasons staff is recommendi nq e :,_ect i a )n of Landscapes to perform
this work.
C. Language Changes
Landscapes has requested cert,iin changes be made to the City's
standard contract for professional services. The changes
requested appear in the second paragraph of Section C of the
Agreement. The requested chanrles more clearly set forth certain
restrictions upon the unauthorized reuse of the work products of
the Consultant. These ch�)nq -; have been reviewed and approved
by the City Attorney.
PAUL W. LAWRASON JR. BERNARDO M PEREZ SCOTT �J 'JT(�OrMa0 ROY E TALtEY JR JOHN L WOZNIAK
Mayor Mayor Pro 1'em (, ,r ier`ibe Councilmember Councilmember
Landscape Architect
Page 2
D. Scope of Work
The Los Angeles Avenue parkway improvements discussed above,
have been included in the :,cope of Work set forth in the
attached Agreement. But. _n order to facilitate better
flexibility and responsiveness to the needs of the City in the
area of Landscape Architectural. Services, it is the
recommendation of staff that the Agreement allow for the
addition of other design tasks, as approved by the City Manager,
for an aggregate annual fee total Not To Exceed $5,000. In any
event the term of the Agreement is recommended to expire June
30, 1992.
RECOMMENDATION
Staff recommends that the City Co!anc:_N_1 take the following actions:
1) approve the selection of 1,ands(- apes to perform certain
landscape architectural se-vices,
2) approve the revised professional services Agreement attached
hereto as the contract for sal..d services;
3) authorize the Mayor to =xF ufi(, s�.id Agreement;
4) approve as the first project to be undertaken under this
Agreement, the parkway lan(ascaping improvements on the north
side of Los Angeles Avenue iescribed in Exhibit "A -1" of said
Agreement; and,
5) authorize the City Manager to add to the Scope of Work
additional landscape design projects having an aggregate
professional.. services fee Not to Exceed $5,000.
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 and between the City of Moorpark, a
municipal corporation located is the County of Ventura, State
of California, hereinafter- r- eferred to as "CITY" and
Landscapes, a sole proprietor hereinafter referred to as
"Landscapes ".
W I T H F. c F Via' H
Whereas, from time to time the City requires landscape
architectural services for th- preparation of designs for
landscaping improvements; and
Whereas, Landscapes is f- Kperienced in providing such
services; and,
Whereas, City wishes to re, air Landscapes to perform such
services as defined herein.
NOW, THEREFORE, in cons ideratLon of the mutual convents,
benefits and premises herein stlated, r_-he parties hereto agree
as follows:
City does hereby appoint Landscapes in a contractual
capacity to perform certain pro'essional services as set forth
herein.
I. Scope of Work
The services to be rendered by Landscapes under the terms
of this Agreement are set forth in Exhibit "A ", attached
hereto and made a part here,f,
Said services shall include the preparation of plans and
specifications for the construction of parkway landscaping
on the north side of Los Anoeles Avenue west of Spring Road
as defined in Exhibit "A.-]"
Upon mutual agreement of tiie City and Landscapes and with
the written approval of ttie City Manager, the City may
retain Landscapes to perform other landscape architectural
services for the City. Said services shall be fully
described and set forth in said written approval and
attached hereto as Addendo 1) 1 xhi hi t "A".
II. Compensation
The amount of full compensation to Landscapes for each of
the projects described in Exhibit "A ", shall be as set
forth therein_
III. Term
Unless terminated sooner, this Agreement shall expire on
June 30, 1992.
IV. Termination
This agreement may be terminated with or without cause by
City at any time with no less than 10 days written notice
of such termination. In the even of such termination,
Landscapes shall be compensated for such services up to the
date of termination. Such compensation for work in
progress shall be prorated as to the percentage of progress
completed at the date of termination.
This agreement may be terminated by Landscapes only by
providing City with written notice no less than 30 days in
advance of such termination
V. General Conditions
A. 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 Landscapes
performing services hereunder fc r City.
B. Landscapes is and shall at all. times remain as to the
City a wholly independent. contractor. Neither the City
nor any of its officers, employees, servants or agents
shall control over the conduct of Landscapes or any of
Landscapes officer, emfA.oyees or agents, except as
herein set forth.
Landscapes shall not at any time or in any manner
represent that it or any of its officers, employees or
agents are in any manner k�mployees of the City.
C. At the time of 1) termi rwata on of this agreement or 2 )
conclusion of all work, all original documents, designs,
drawings, reports, cat(�.ilat.ions, diskettes, computer
files, notes, and other related materials whether
prepared by Landscapes or their subcontractor (s) or
obtained in the course of l;r)vi °inq the services to be
performed pursuant to t.his agreement shall become the
sole property of the Citr.
The City agrees that any document, drawing, report,
calculation, diskette, computer file, note, and other
instruments prepared by Landscapes shall not be subject
to unauthorized reuse by the City. The City also agrees
to defend, indemnify and hold Landscapes harmless from
any claim or liability for injury or damage allegedly
arising from unauthorized reuse of Landscapes
instruments by the City. The City further agrees to
compensate the Landscapes for any time spent or expenses
incurred by Landscape iwr defense of any such claim in
accordance with Landscapes prevailing fee schedule and
expense reimbursement <is set forth in Exhibit
"A"
D. Landscapes shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents
serving as independent x;ontractors in the role of City
Engineer, Assistant 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 misconduct, negligent acts
of Landscapes or any >f its officers, employees or
agents in the performance o °" this agreement, except such
damage as is caused h.y _he sole negligence of the City
or any of its officers mpi_oyef.�s, servants or agents.
The City does not, and shall not, waive any rights that
it may have against Landscapes by reason of Paragraph E
hereof, because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to this agreement. This
hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are
determined to be applLcable to the claim, demand,
damage, liability, cost or expense described in
Paragraph E hereof.
E. Landscapes 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 that
policies of insurance required by this paragraph and
shall furnish to the Cit:, Clerk of the City certificates
of said insurance on or before the commencement of the
term of this agreemeW:'.. Notwithstanding any
inconsistent statement cn any of said policies or any
subsequent endorsement::. ,1-_tache -7 thereto, the protection
offered by the policiE >r h,i l:
I . Name the City and its officers, employees, servants
and agents serving as independent contractors in the
role of City. Engineer, Assistant City Engineer or
City Attorney, as additional insured with Landscapes.
2. Insure the City anu its officers, employees, and
agents while acting in 'the scope of their duties
under this agreement against all claims, demands,
damages, liabilities, losses, costs or expenses
arising from, or it, any way connected with, the
performance of this acgreement by Landscapes or the
City.
3. Bear an endorsement r have attached a rider whereby
it is provided that, in the event of cancellation or
amendment of such policy for any reason whatsoever,
the City shall be notified by mail, postage prepaid,
not less than thirty (3 0 ) days before the
cancellation or amendment is effective. Landscapes
shall give City thirty (30) days written notice prior
to the expiration of uch policy.
4. Be written on an 0(, :,ca- rrence Basis.
F. Consistent with thE. provisions of Paragraph E,
Landscapes shall provide general public liability
including automobile iabilit.y and property damage
insurance in an amount , _)t less:- than One Million dollars
($1,000,000.00) per c -,c - r-rence and annual aggregate.
G. Consistent with the provisions of Paragraph E,
Landscapes shall provide workers' compensation insurance
as required by the California Labor Code. If any class
of employees engaged by Landscapes in work under this
agreement is not protected by the workers' compensation
law, Landscapes shall provide adequate insurance for the
protection of such employees to the satisfaction of the
City.
H. Landscapes shall not assign this agreement, or any of
the rights, duties or obligations hereunder. It is
understood and acknowledged by the parties that
Landscapes is uniquely qualified to perform the services
provided for in this agr,�ement
I. The Proposal submitted by Landscapes dated August 12,
1991, and amended Auqu:t 13, 1991, (Exhibit "A"), is
hereby incorporated int> this agreement. Where said
exhibit is modified b `his Agreement, the language
contained in this Agreement shall take precedence.
J. Payment to Landscapes shali be made by City within 30
days of receipt of invoice, except for those which are
contested or questioned and returned by City, with
written explanation within 30 days of receipt of
invoice. Landscapes shall provide to City a written
response to any invoice contested or questioned and
further, upon request of City, provide City with any and
all documents related to any invoice.
K. Any notice to be given pursuant to this agreement shall
be in writing, and al.. 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 a(iitresseo to the party for whom
intended as follows:
To: City of Moorpark
799 Moorpark avenue
Moorpark, CA 43021
Attn: City Mrnager
To: Landscapes
1000 Business Center Circle, Suite 205
Thousand Oaks CA 91 320
Attn : Claire 13c7hat 2
Either party may, from
to the other, designate
be substituted for the
payments and other doci
upon receipt by persona
United States mail.
imc! to time, by written notice
i different address which shall
one above specified. Notices,
iments shall be deemed delivered
? service or upon deposit in the
L. Nothing contained in this agreement shall be deemed,
construed or represented by the City or Landscapes 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- associatioi (,)f arty kind or nature between
the City and Landscapes,
M. This agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This agreement shall not be
amended in any way e,,:cept Icy a writing expressly
purporting to be sire -a an amendment., signed and
acknowledged by both cif her parties hereto.
N. Should interpretation of this agreement, or any portion
thereof, be necessary„ it is deemed that this agreement
was prepared by, the par -ties 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.
O. No waiver of any provi:_;i.on 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 provision. No waiver shall be binding, unless
executed in writing bv t e part., making the waiver.
P. In the event any act -Lon suit �)r proceeding is brought
for the enforcement of. )r the declaration of any right
or obligation pursuant t:) this agreement or as a result
of any alleged breac of any provision of this
agreement, the prevaild)g party shall be entitled to
recover its costs and expenses, including reasonable
attorney's fees, from the Losing party, and any
judgement or decree renc. -ire <1 i r- such a proceeding shall
include an award then.( f
Q. Cases invo]_ving a ci. >pute between the City and
Landscapes may be dec isle bar ar arbitrator if both sides
agree in writing, wil r-os-s proportional to the
judgement. of the arbi r r �
R. This agreement is aiaa•, enttred into, executed in
Ventura. County, Calif orr a, and any action filed in any
court or for arbitra- ion for the interpretation,
enforcement or other at -, on of the terms, conditions or
covenants referred tt) Herein shall be filed in the
applicable court in Vent rat C;ounty, California.
S. The captions and headzn,ls of t -he various Articles and
Paragraphs of this agreement are for convenience and
identification only and ,hall not be deemed to limit or
define the content f -.1le -espective Articles and
Paragraphs hereof.
VI. RESPONSIBLE INDIVIDUAL
The individual directly re:;ponsible for Landscapes overall
performance of the contra(t provisions herein above set
forth and to serve as prirc-ipal i.aison between City and
Consultant shall be Clair( chatz.
Upon mutual written agrf:-�ment of the parties, other
individuals may be subst i t i_: ed in ' -.he above capacity.
VI I . IMPLE24ENTATION
The City shall provide :Landscapes with written notice in
advance 'of the date at which these services are to be
implemented if different thin the late of the agreement.
CITY OF MOORPARK:
Paul W. Lawrason Jr., Mayor
rp[ \:ndscp_!
CONSULTANT:
Exhibit "A"
Scope c , f Work
The Scope of Work for the Services to be rendered under this
contract shall be limited t those projects defined and
described in this Exhibit.
Exhibit "A -1 ", attached heret <_, pertains to the design of
parkway landscaping on Los Angeles Avenue. Additional services
may be added to this Scope of Work in the manner set forth in
Section I of this Agreement. Any {such additional services
shall be added to this Exhibit Extri'�-its "A -211, "A -3, etc.
Exhibit "A -1. "
(Page of I)
Project Name: Parkway Landscaping, outh side of Los Angeles
Avenue between S3prinq Road and Millard Street
Project
Description: Provide a +ompletE! set of plans and
specification for the construction of
irrigation systems and landscaping for the
above describe pa rkw<iy
Fee: $720.000, plus reimbursable expenses.
Additional w(-).r authc >rized by the City shall
be paid at the rate c,1 $35.00 per hour.
Reimbursable
Expenses: Reimbursable F,xpenses for printing,
blueprinting, delivery of plans and other
similar expenses approved by the City, shall
Not Exceed $30 ) c i pl _is a 10% handling charge.
Attached
Reference
Documents: 1) A Proposal . *r m Landscapes dated August 12,
1991.
2) An amendment: t •:Iie 11.-oposal , dated August 13,
1991.
1 ( z0\ 4)
C
(805) 375 -5715
FAX (SOS) 489 -7612
L A N D S C A P E S
1000 Business Center Circle, Suite 205
Thousa:A Oaks, Catitornia 91320
•ieglstereJ Landacape Arctimct Landscape Contrac'or
'Jc 1t13 ASLA Lk. 551970 CI-CA
August 12, 1993
Mr. Ken Gilbert
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Gilbert.
Thank you for the opportunity to propose my services in
response to the City's reque-3'. for proposals for the
preparation of the landscape end irrigation plans for the
north side of Los Angeles Sl..r -et from Millard Strt~rt t
Spring Road.
PROJECT TITLE: Los Angeles;: A enue
OWNER: City of MocT i' .rt;
799 Moorpark vt >rtuf;, Moorpark, CA 913021
REQUEST FOR
PROPOSAL FORM: None.
SCOPE OF WORK- Prepare lands, apt°: working drawings for the
approx. 1,200 lineal feet of streetscape
parkway on tht north side of Los Angeles
Street from Millard Street to Spring Road.
Working drawings to C-On'ist of an irrigation
plan with detr: ils and a planting plan with
dr tails. Spe( i- ficati ons will. he issued by
the' City of M, )rja.rk
All plans t.o t R?ceive City of Moorpark and
California Department of Transportation
approval be for,> insf-- Allation documents are-
let to bid
Antici.pateu mt •stings
Design 2 with Clty of Moorpark
Cal-- Trwr.; Telephone conference,
Pre-- cons,t rc Ai'-)n. 1 On -site
Work ir, ).�r rA7s ? On -sit.t
On-Site obi >t,�r �t i ins of install at.ion phases
arxi cvrnplitin,, t.i':.k. �1rr,3witlgs -rid dotails t(,
t,c rlandl�d }, `i ;, r hSt,�rnark.
Los Angeles Avenue - Page 2
FEES: $720.00 (Sewn-hundred twenty dollar_- and no
cents) .
PRINTING: All printing and delivery of plans to be
reimbursables, (plus an 103 handling charge)
billed to the City on a monthly ba(sis, as
incurred.
CONTRACTS.- To be issued tv Landscape Architect to City
of Moorpark, ;x)on acceptance of this
proposal.
BID DOCUMENTS: Plans prepare-0 by Dwight French & Assoc.,
Diamond Bar, CA, and approved by City of
Moorpark City Engineer 6 -11- 91
ADDENDA: None noted.
BID SUBMISSION: Via FAX to Rerj Gilbert and original copy
mailed, no la .,,r than Tuesday, August 13,
1991 .
If you have any questions ol-
please call.
.A X E
r aqy 4tems need clarification,
Sincerely,
Claire Schatz
n `L ( � a &.
(805) 375 -5715
FAX (805) 459-7612
L A N D S C A P E S
1000 Bus: 01 ass Center Circle. $cite 205
Thousand Oaks, California 9.320
Registered Landscape Arcit;tect Landscape Contractor
N0.3113 ASLA Lic_ 551870 CLCA
August 13, 1991
Mr. Ken Gilbert
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr_ Gilbert.
Per our telephone conversation today, I am sending you this
addendum to my proposal dated Augu; t 1`?, 2991.
PROJECT TITLE: Los Angeles Avenue,
OWNER: City of Moorpark
799 Moorpark AvfanuE, Moorpark, CA 93021
ADDENDUM TO
SCOPE OF WORK: Specifications for irrigation and planting
installation will be provided by Landscapes.
and included as the last; sheet of the drawing
package
Additional work, as authorized by the City of
Moorpark, will[ billed at $35.00 per hour.
BID ADDENDUM
SUBMISSION: Via FAX to Ken Gilbert and original copy
mailed, no later than Tuesday, August 13,
1991
if you have any questions or if snv itf,ms need clarification,
Please call.
inc:ere ly,
l.t�� a-E3 ;>czbatz
F::D