HomeMy WebLinkAboutAGENDA REPORT 1990 0103 CC REG ITEM 08KPAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ '
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK ITEM��
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M E M O K A N F I I I M
TO: The honorable City Counci
FROM: Ken Gilbert, Director of �'"blic Works
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
DATE: December 27, 1989 (City ::,�mciI Innuary 3, 1990)
SUBJ1FM': Contract for Landscape I)#- !gTi
OVERVIEW
This presents the contract for 1a is. :.IN,. - r,.hitectvrsl services for the
design of the Tierra Rejada median
BACKGROUND
At your last meeting, the City !'( !ti( i l si- lected Wolf Breiman Landscape
Architecture to prepare the iriif,at.io >n twi landscape design for the
improvement of the Tierra Rejada n— u
DISCUSSIONS
A standard contract has been ni !r Fr the admiui,ctration of this
contract.
R.F.COMMEbiDAT10N
Approve the. ntt ached contract anc I,f i I ho PIavor to E'x .11te. sane..
KG:sc
8912275
Attachment
799 Moorpark Avenue Moorpark California 93021 (805) 529 -6864
PROFESSIONAL SER ICES AGREEMENT
TIERRA REJADA ROAr. Mr )IAN ANDSCAPE DESIGN
THIS AGREEMENT, made anc o ter ed into this 3rd day of January,
1990 by and between the City of Moe park, a municipal corporation located
in the County of Ventura, State of ahfornr.+, hereinafter referred to as
"CITY" and Wolf ._Breiman Lan scare Architecture a California
Corporation, hereinafter referred t) j
Wolf Br•eiman
WI rr•; .I- T H
Whereas, City has the neert fe" Pt tain landscape architectural
services; and
Whereas, City desires to contr.,�,t +or, such services with a private
consultant in anticipation that said wivate consultant can provide such
services in a manner acceptable to thf avid
Whereas, " WOLF BREIMAN
services for municipal corporations
the proper experience, certificatiorti
involved; and
Whereas, City wishes to retar r
of said services;
i,, experienced in providing such
d is able to provide personnel with
d r a( k-;round to carry out the duties
vt,l I RkFIMAN for, the performance
NOW, THEREFORE, in consider-;. on of the mutual convents, benefits
and premises herein stated, the part, r.r r•etc agree as follows:
City does hereby appoint ' �\ 01. I BREIMAN in a contractual
capacity to perform the services in ac .>r d.rnce with the terms and conditions
hereinafter set forth herein; with -ho iuthor•ities, and responsibilities
ordinarily granted to this type of ;n i rl - ro w wk .
I. Scope of Work
The scope of work for 'rig Agreement (Tierra Rejada Road
Median Landscape Design) shall be a e, fe,r•t' n Exhibit "A ".
II. Compensation.
T he fees in full cornpew; ! rc rr i,) ' WOLF BREIMAN " for the
services rendered shall be as set fr,rf i i 0, hit "A"
III. Termination
This agreement may be ter unmated with or- without cause by City
at any time with no less than 10 da, s written notice of such termination.
In the even of such termination, >ti )L I BREIMAN " shall be compensated
for such services up to the date t, rinination. SUCh compensation for
work in progress shall be prorato r, the percentage of progress
completed at the date of terminatio,
This agreement may be to mrriated by " WOLF BREIMAN " only
by providing City with written not-, r o Ins, than 30 days in advance of
such termination
IV. General Conditions
A. City shall not be ca • -r� upon to assume any liability for
the direct paymerrt , f are y salary, wage or other
compensation to any Pr•sc,n employed by " WOLF BREIMAN
performing service , for City.
B. WOLF BREIMAN ' +nc1 small at all times remain as to
the City a wholly nd,,pwndent contractor. Neither the City
nor any of its offs, pmoloyees, servants or agents
shall control over tl e ondu, t of " WOL F BREIMAN or
any of " WOLF 1310 1A\ Hirer, employees or agents,
except as herein got ref
' WOLF BREIMAN - ail riot -it any time or in any manner
represent that it ,ny cat its officers, employees or
agents are in any 111.4 +(lr PM[,'oyees of the City.
C. At the time of ; l
,i inrnat on of
this agreement or 2)
conclusion
of all vw(-
- all )riginal
documents, designs,
drawings,
reports, I
cfos diskettes,
computer files, notes
and other-
related ,,. •'er
i,rls hether
prepared by " WOLF
BREIMAN
" or their
-,,it won -actor (s)
or obtained in the
course of
providir q
P , v v , es to be performed pursuant
to this agreement
I' nr rip the
sole property of the
t7ity
D. WOLF BREIMAN
defend the City �ri,!
agents serving as
City Manager, Dep„
Works or City Atto
liability, loss, c:.,
whatsoever, includi,
any person and rr I
misconduct, negliye,,
BREIMAN " or an�-
the performance (t r
s caused by the tir l
officer-5, employee,
The City does not, and shall
against " WOLF BREIMAN " !,v
of the acceptance by the City
insurance policy or certificate
This hold harmless and indemr,r,
of whether or not said 1111.1
applicable to the clairn, de,,r.�
expense described in Parayral,'
sir. {II h3ld harmless, indemnify and
is -)ffi(,�rs, employees, servants and
lept�nderrt contractors in the role of
City Manager-, Director of Public
y rom any claim, demand, damage,
(' r' I,xpense, for- any damage
h r rot limited to death o►• injury to
y t, my property, resulting from
a, t -Tors or omissions of " WOLF
,. ,fl cers, employees or, agents in
s , gre = rnent, except such damage as
r e•)lige rc e of the -ity or any of its
•r ,rr•S agents
v,aivr• any rights that rr may have
a ,�n -t Paragraph F hereof, because
I 1 eposit with the City, of any
I red pursuant to this agreement.
t r. p )vision shall apply regardless
r, pr icies are ,ieter•mined to be
!,,rn (I c" lialhilit, loss, cost or-
E. WOLF BREIMAN
shall secure frorn a good and
responsible company
fnnpanies doing insurance business
in the State of C:alrt
t•ni i, pay for-, and maintain in full
force and effect fot
tI P duration of this agreement that
policies of insuranco
P,tr:wed by this paragraph and shall
furnish to the City
Iorr< of the City certificates of said
insurance on or- bef,
-e ' he ommencement of the term of
this agreement. Notv.itl,sranding
any inconsistent statement
in any of said poli
re, or my subsequent endorsement
attached thereto, t'
'r)te( tion offered by the policies
shall:
t Ot I rotected by the workers'
Name the Cit,, in(] its )fficers, employees, servants
and agents se vrng as independent contractors in
the role of r ty Manager-, Deputy City Manager,
Director c1 :(1mmun,ty Development or City
Attorney, a� .additror al insured with WOLF
BREIMAN "
2. Insure the ( i�, and is officers, employees, and
agents while ,.ting it the scope of their duties
under this agr eernent igainst all claims, demands,
damages, iah titres osses, costs or expenses
arising fr•or i, -t n i ny way connected with, the
performance 0 tl. , adr Pement by '' WOLF BREIMAN
or the City
3. Bear- an ends sonrent or- have attached a rider
whereby it ;)r ovided that, in the event of
cancellation r.r amendment of such policy for any
reason whats,r, ,.er the City shall be notified by
mail, postage f epaid. not less than thirty (30) days
before the :an fellation it amendment is effective.
WOLF BREI%IA! sha give City thirty (30) days
written noti 'e i, r t he expiration of such policy.
4. fie written of
I ) -(ur - ence Basis.
F. Consistent with 'ho,
,tr ovi -ioiis of Paragraph E, " WOLF
BREIMAN " shall pr,
. i lc general public liability including
automobile liability ;,
.d oi'oper-ty damage insurance in an
amount not less tl,;,
)nr Million dollars ($1,000,000.00)
r)er occurrence and ,
n 1,1I )(1,11-egate.
G . Consistent with Iii.
)101/11.101111 of Paragraph E, " WOLF
BREIMAN " shall 1-i
vide woo kern' compensation insurance
as required by tho i
, lif(-rni<i I abot, Code. If any class of
employees engage, '
Wnl F BREIMAN in work under
this agreement
t Ot I rotected by the workers'
compensation law,
t+01 f BREIMAN shall provide
Adequate insure +nff,
il,f, r7,ntoction of such employees to
the satisfaction ()t
r
H. WOLF BREIMAN ,hail not assign this agreement, or
any of the rights, d ties ni, •)bligations hereunder. It is
understood and ac r<n( wleclged by the parties that •' WOLF
RREIMAN is unity , y 3rialrfied to perform the services
provided for in th ,; r� rmen
The City's Request
- r I roposal
(RFP) dated 12 -1 -89
and
"WOLF BREIMAN
sp( rise to
said RFP dated 12 -11
-89
are hereby incorporated
into this
agreement. Where
said
RFP and response
e nndr+ied
by the agreement,
the
language container r
*h- - icli—ement
shall take precedence.
J. Payment to " WOLr F31fl IMAN shall be made by City
within 30 days of •ceipt of invoice, except for those
which are contested -r nupstroned and returned by City,
with written explan,,tion within 30 days of receipt of
invoice •' WOL = Rf IMAM ' shall provide to City a
written response to I v r vi)i(o contested or questioned and
further, upon requP< f ' itti , provide (pity with any and
all documents relal-P<! gin•, , voice.
K. Any notice to be giv-
in writing, and all
be delivered shall h.
deposit in the Unite
return receipt r (. r
+ddr•essed to the n.+-
r t)- rrsr „{nt to this agreement shall be
h notices and any other document to
delivered by personal service or by
States nail, certified or registered,
•stir. Nith postage prepaid, and
N rn intended as follows:
-1 o: City 0 V or `ark
799 Moor-; .irk �v(+iue
Moorpir + c A 93021
Attn: �rana•.;er
To: Wolf Eire
3045 c ; r
Ventu I ;�
Either party may
the other, designate
sr.rbstituted for thr-
and other dOCUnrert
►•eceipt by persora!
States mail.
All i a, dscape Architect
reel
m linie to time, by written notice to
different address which shall be
' .1hove specified. Notices, payments
hall he deemed delivered upon
r e F' _rpon deposit in the United
L. Nothing contained i
igreement shall be deemed,
construed or r•epr•eser
ted by the City or- " WOLF BREIMAN
or by any third
ers )n 1.) create the relationship of
principal or agent,
r cif a partnership, or of a joint
venture, or of anv
( association of any kind or nature
between the City itn
V,)l F BRFIMAN "
M. This agreement (.or,!,
totes 'fie entire agreement of the
parties concerning ±l
ublec + matter hereof and all prior
agreements or unders
endings oral or written, are hereby
merged herein. f hr
agreement shall not be amended in
any way except by
writing expressly purporting to be
such an amendment
rc;ne <, -id acknowledged by both of
the parties hereto
obligation pursuant !
N. Should interpretattor ,t this agreement, or any portion
thereof, be necessary it s deemed that this agreement was
prepared by the part F >s jointly and equally, and shall not
be interpreted agains' either .)arty on the ground that the
party prepared tho i. ooirient -,r caused it to be prepared.
O.
No waiver of anv I
()vision of this agreement shall be
deemed, or shall
n0itutr, a waiver of any other
provision, whether
rot < imilar, nor shall any such
waiver constitute r
t nuin(; or subsequent waiver of the
same provision. N
ti.aive shall be binding, unless
executed in writin :
t" • :)" tv making the waiver.
P.
In the event any ac t
n sort or proceeding is brought for
the enforcement ,f
r the declaration of any right or
obligation pursuant !
tltr; agreement or as a result of any
alleged breach of ,
pt-ov pion of this agreement, the
prevailing party sh.rl
entitled to recover its costs and
expenses, including
ryas )nak,ie attorney's fees, from the
losing party, anc t
,dgernent or decree rendered in
such a proceeding ,
I r c' t(!,, an award thereof.
Q.
Cases involving a t.
:)t tP hotween the City and " WOLF
13REIMAN " may I,e
rrdec! l•y an arbitrator if both sides
agree in writing, w
ck r-oportional to the judgement
of the arbitrator
R.
Fhis agreement is nu,,.
�, •rater ecl into, executed in Ventura
County, Californii,.
id it y action filed in any court or,
for arbitration far
11- nt.,rpretation, enforcement or
other- action of thr� -(
rry . ors _litions or covenants referred
to herein shall be +,
t 'h applicable court in Ventura
ounty California
S.
l he captions and „
.rdrr ys if the various Articles and
Paragraphs of this
-qi- eerner t are for convenience and
identification only
I I,.,II riot be deemed to limit or
define the cont-i
!I r•especti,�e Articles and
Paragraphs hereof
VI
Upon mutual written ayr•es,fne r Of the parties, other individuals
may be substituted in the ,nr ve .-ar >arity.
IMPLEMENTATION
The City shall provide Vvo l- F BRI IMAN " with written notice in
advance of the date at whit h !hose services ar•e to be implemented
if different than the date � {he agv•Pement.
CITY OF MOORPARK:
Paul W. Lawr•ason Jr., Mayor
CONSULTANT:
Wolf Breiman, Landscape
Architect
r- EXHIBIT "A'•
(Page 1 or 4)
ri r
LANDSCAPE DE I- V '0 PROPOSAL
Dec fir:,
To: Kenneth Gilbert
Director of Public Wore,
City Hall
799 Moorpark Avenue
Moorpark, CA 93021
Project: Tierra Rejada Street Mec ill
Scope of Services: As set fortt '.he .'it%', RFP and Addendum #1
sated 12161c11
A. SPECIFIC SERVICES TO BE PRW .i J
1. PRELIMINARY PHASE
a. Obtain all Condit o!; and regL,irements from City Staff
including relevant ird :)lass needed to prepare base
,heets.
b. Prepare base sheet ; f)r t!e entire project.
c. Prepare one sheet w in i iary deg ign for t)rel imi nary
approval.
d. Prepare prel iminar y i i at.e.
2. CONSTRUCTION DOCUMENT T
a. Irrigation design
b. Plantir.y design.
c. irrigation and pltn J ii
d. `)pecif ications.
e. tinaI cost estimate
Total !umber of stw; . �,f Jrav:inas shall he eleven, includ-
ny tn( cover sheet J e z- shall be 24" x 36"
wolf brelman
landscaQe architecture ■ 3045•;ROVEST ■ VENTURA,CA93003 ■ (805)643 -0455
LANDSCAPE DESIGN SERVICES AGREFPtiI.
December 11 , 1989
Page 2
3. CONS FRU 111(iN OBSERVAT. I'•
One ;neetin(c and four
1 - Review meeting ,vi I n
1 - Pre- construction :ne
1 - Irrigation inspect i
1 - Plant and plantinr,
1 - Inspect ion f:rr conDu r
The Landscape Architect shall ((A)l
and inspection reports after �a
shall comment on the progress :t
regarding the landscape contr,rc:
of the contract documents. 1'
owner reject work Or' naterial i -
in question dons riot. conform U -1
As It shall rr,)t, be possiule tit
the landscape construction or
Landscape Architect shall not e
struction means, ter: hniques, n1
construction (;r• as ,l resuI t. u
Landscape Architect shall not
or omissions f,a i Iurr, to pert
B. COMPENSATION
1. The total fee for a,i
and 3, Section "A ", h,
($6,x,00.00) .
2. Design additions or
approval (,! designs ;nu
per dour.
3. Owner - requested meet rr,k.
to those listed under
Dol l,Irs x$60.00) per
4. Payment Schedule:
•XliIBLT "A"
( Pzii;e 2 cif ' +)
l I. r� i no: 1 uded :
uecti:lrn
is ni maintena rice
.
Ireetarly reports after each meeting,
nwec,i)n. The inspection reports
re vork and on questions and problems
i r t.1 rpretation and implementation
:i c ,ca[ \rcnitect Inay recommend the
r ll. . udgnlent., the work or material
I Tr'rr l:" I culllent'�.
ic• cape i,�rchit.ect to observe all
.r( t. 1 materials and equipment, the
l,olP f i r damages resulting from con -
rr ;c (, ;u•• employed in the landscape
111 i equipment or material. The
( ;:) 11 i:rle for contractor's errors
I'l c, c rnt.ract documents.
r 1i,( 1 i;ted under Paragraphs 1, 2
b,. i,iousand Five Hundred Dollars
1 s l In -. !-E•qu i red by the owner of ter
f harjed at Sixty Dollars ($60.00)
will ) • inspections, in addition
i it(wn shal 1 bc, charged at Sixty
45,50' 11-,k .upon comp1etior: c)n .ric' document,,.
$1 ,O(iO upon I omplet for r .Iw t I )r,,
EXHIBIT "A"
Page 3 of 4)
LANDSCAPE DESIGN SERVICES AGREEK"N
December 11, 1989
Page 3
Payments are required within f,f I`. j Pays of submittal of invoice.
One percent (1. ) interest per w rr,' V •iopI ied to the balance after
thirty days.
C. REIMBURSABLE COSTS
�. Reproductions and phut.)(,; -n c t cost.
D. CLIENT RESPONSIBILITIES
Provide all si -e and enll -r ;rct (instruction information, and
information regarding con 1i• n. poY inent to 'he completion of
the landscape pl,3ns.
E. PERFORMANCE TIME TERMIVl.
1. Preparation of pre] ,ai- y des.;n shall require two weeks
from date c.f authoriz<rr_ ;rd ri�ce;pt of retainer. Construc-
tion documents sha l l c rr;p l e 2a approximately three weeks
from ipprov,il of prel r y ( (11 is i_
2. Should the project cc rr nat!,i while the landscape plans
are being prepared, t anosc,ipe Architect shall be paid
for <:Il work and reimou h to the time of notifica-
tion.
3. This agreement may to r i n,rt,,d for good cause by either
party with delivery of o-,, t• r u, cc- of termination.
F. OWNERSHIP OF DOCUMENTS
Original drawings and other ,cui:u,nt:, as instruments of service,
are the property of the Laro ape Architect. None of them is to
be used >n other project - <ccp. Icy written agreement of the
Landscape Arch i tect. One r,-f odu : i h t .rf 4 i na 1 documents wi 1 1
be furriisned tc. Owner upon r
1"XHIBIT "A"
(i'Zig % (If v)
LANDSCAPE DESIGN SERVICES AGREEMI:V
December 11, 1989
Page 4
G. CREDITS /ACKNOWLEDGEMENTS
The Landscape Architect sia.
be
tiled
proper credit and acknow-
ledgements for all services iii
:ud
ny, :)u 1.
not limited to: planning,
design and implementation. '
ivr
'relit
shall be defined as being
named by Client or their i
I,nt;
1 iont.
in such circumstances as
project ident ification b„ i
i .,ied
articles or promotional
brochures
H. SUCCESSORS AND ASSIGNS
It is mutually Understood a ogre -'d that this Agreement shall
be binding upon the City of focrpark and its agents, and upon the
Landscape Architect, his ;, e,surc, and assigns. Neither party
shall assign n(I r transfer PltE'r';r in this Agreement or any
part thereof witnout the wt "t :)w,e't J the other party.
I. REVOCATION
This proposal ;hall oe con derec: evoked if acceptance is not
received :jithin 90 days of 't, tat , tie. e rf .
WOLF BREIMAN Date
".R.L.A. #1481:
SIGNATURE AND T I1 �._i r- -- Date
AUTHORIZING PEPSW