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HomeMy WebLinkAboutAGENDA REPORT 1990 0711 CC REG ITEM 08N • MOORPARK ITEM BERNARDO M. PEREZ 6-'°1->aSTEVEN KUENY Mayor o�� °o City Manager SCOTT MONTGOMERY r CHERYL J. KANE Mayor Pro Tern r/ .� City Attorney ELOISE BROWN r�i PATRICK RICHARDS,A.I.C.P. MOORcotnK. CMe&InUFOR �. , Councilmember CItyC Meeting 09 m Director ofp o% Community Development CLINT HARPER, Ph.D. / ,'T Councilmember of 199Q °` R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. Q/ City Engineer Councilmember ACTION: JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk ` e RICHARD T. HARE B (/ �"y 0[,0�JMaA,..-- City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: July 6, 1990 (cc meeting of July 11, 1990) SUBJECT: Interim Landscape Architect On July 2, 1990 the City entered into an interim agreement with Mr. David H. Barwick, an independent Landscape Architect, to provide plan check and inspection services for the City. Mr. Barwick is also currently employed with the City of Simi Valley providing the same service. The agreement between the City and Mr. Barwick is for thirty ( 30) days and does not exceed $5,000 . The hourly charge rate will decrease inasmuch as Mr. Barwick's rate is only $37.00 per hour. The total charge rate for this service will be $46 . 25 per hour. This includes the City's 25% overhead costs. Within the next thirty (30) days , Staff will send out an RFP to those firms that have sent in their qualification letters. Staff Recommendation Receive and file. PJR6JUL9 . 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 CITY 1ViANAGETr_ APPROVED CONTRACTS Contractor DAVID H. BARWICK Date of Contract JULY 2 , 1990 Contract Amount NOT TO EXCEED $5 , 000 Year to Date for this Contractor -0- Account 131-641 Purposes(s) PROVIDE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES Location(s) CITY OF MOROPARK - CITYWIDE Date(s) of Performance JULY 2 , 1990 - AUGUST 2 , 1990 Other Information NONE JULY 11 , 1990 City Council Agenda 4 February, 1986 • CONTRACT FOR SERVICES THIS AGREEMENT, made this 1st day of August 1990 between the City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark, California 93021, hereinafter referred to as "CITY, " and DAVID H. BARWICK, LANDSCAPE ARCHITECT an independent contractor, located at 826 Links View Drive, Simi Valley, California 93065, hereinafter referred to as "CONTRACTOR" . WITNESSETH: THE PARTIES HERETO DO AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTRACT This Agreement will become effective on August 1, 1990 and will and shall terminate on midnight September 30, 1990, 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" (letter of May 4, 1990) . Contractor will determine the method, details and means of performing the above described services; with the exception, the results of the soils report shall be submitted to the City no later than ten ( 10) days after completion of soils test. ARTICLE 3 . COMPENSATION Compensation for the services to be performed by the Contractor shall not exceed Thirty-seven dollars (S37 .00) per hour not to exceed $5,000 dollars (cumulative from previous contract) without additional authorization by the Director of Community Development (EXHIBIT "B" ) . 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. 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. DAVID H. BARWICK will serve as the principal person responsible for performance of contractor's obligations under this agreement. BARWICK1Aug90 -1- C10 110 ARTICLE 6. 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) days written notice. ARTICLE 7 . LEGAL AND INSURANCE REOUIREMENTS The following are the legal and insurance requirements of the City of Moorpark. 1. The letter of May 14, 1990 from DAVID H. BARWICK is made a part of the contract. 2 . Documents to be construed together. The above letter, the consultants 's proposal, and all document referred to in the specifications and contract to be entered into between the consultant and the City, and all the modifications of said documents, shall be construed together as one document. 3. Assignment of Transfer of Contract. The contractor shall not assign, transfer, convey or otherwise dispose of his contract, or his rights, title or interest in or to the same without previous written consent of the City. 4. Indemnity. The contractor must agree to indemnity, hold harmless and defiant the City, from the wrongful or negligent actions of the contractor in the performance of the contract. 5 . Insurance. Contractor shall also, at contractor's sole cost and expense and throughout the term of this contract and any extensions thereof, carry general personal injury and property damage liability insurance an automobile insurance with liability limits of not less that $500,000 for the injury or death of a person or persons and property damage in any one accident. The City and its elective officials, officers and employees shall be named as an additional insured on the general liability ad automobile liability policies . Each type of insurance mentioned herein shall be written by a financially responsible company of companies authorized to do business in the State of California. Contractor shall provide BARWICK1Aug90 -2- City with certificates of insurance on forms acceptable to the City of all policies written and each shall contain an endorsement that they are not subject to cancellation without 30 days prior written notice being given to City by the insurance company or companies writing such insurance. 6 . Compliance with Labor Laws . Contractor will be required to comply with all existing State and Federal Labor Laws including but not limited to workers compensation. 7 . Disadvantaged and Equal Opportunity Employment Provisions . Contractor will be required to meet all State and Federal Laws applicable to Disadvantaged and EEO. 8. Contractor shall agree not to provide services for any other public agencies for projects located within the City limits or private parties that currently have or may submit development applications to the City. . ARTICLE 8. 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 Codes 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. 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 DAVID H. BARWICK, LANDSCAPE ARCHITECT, 826 Links View Drive, Simi Valley, BARWICK1Aug90 -3- California 93065 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. Any notice to be given hereunder by either parties hereto with respect to the rendering of services by Contractor to City, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agreement 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 shall be valid or binding. Any modification of this agreement will be effective if it is in writing consigned 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. Attorney'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 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 proceeding. Unless judgement 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, regardless of the amount of such judgement, it being the intention of the parties to fully compensate the prevailing party for all attorney's fees paid or incurred in good faith. 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 interpretation, enforcement and/or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. BARWICK1Aug90 -4- City's Agent The City of Moorpark, Director of Community Development shall have or his designated person 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. ON BEHALF OF THE CITY OF MOORPARK: By: _/ac^tie /I STEVEN KUENY, CITY CO R TOR••j (5 DAVID H. BSRWICK, CONTRACR ATTEST: LILLIAN KELL RMAN, CITY CLERK EXECUTED ON THIS DAY OF August 1, 1990 BARWICK1Aug90 -5- EXHIBIT a) SCOPE OF WORK August 1, 1990 1. The firm shall review the landscaping plans prepared by or on behalf of the various private developers for compliance with the City. 2 . The firm shall maintain close liaison with other City Departments in order that the appropriate requirements of those departments are incorporated within such landscape plans . 3. When satisfied that he appropriate requirements of the City's codes have been met, firm shall advise the Director of Community Development or his designated that permits may be issued as appropriately set forth in such codes . EXECUTED ON THIS DAY OF August 1, 1990 ATTEST: ILLIAN KELLE' • , CITY CLERK BARWICK1Aug90 -6- David H Barwick Landscape Architect #264 826 Links View Dr . Simi Valley Ca 93065 (805) 581 2159 • City Of Moorpark Planning Department 799 Moorpark Av. Moorpark Ca 93021 Attention: Pat Richards Planning Director May 14, 1990 RE: Interim landscape architectural review and inspection proposal I am pleased to submit this proposal for your consideration_ I am currently retired and offer my services on an as needed basis . Since November of 1988 I have been providing landscape arch— itectural review and inspection services to the City Of Simi Valley. My fee structure for this service is $35.00 per hour and goes to $37.00 per hour on July 15, 1990. From 1968 to 1986 I was involved with Bechtel Corp. in the development Of Calabasas Park, a 3000 acre planned community development. My responsibilities included initial design supervision, supervision of construction and management of projects after construction, including 40 acres of parks, a championship golf course, a 20 acre recreational lake and 90 acres of landscaped open space . In addition to this I was secretary to the Enviornmental - Control Committee, and architectural and landscape review board set up to review submittals by licensed professionals for planned developments within the project. qh Prior to this I was project Landscape Architect for Rossmoor Leisure World in Laguna Hills, Calif. and Cranbury, New Jersey . I offer my services to the City Of Moorpark on an interim basis and request permission to submit a proposal for the regular contract position. I am a California Licensed Landscape Architect. r-. RECEIVED - David H Barwick JUN 1 8 {Mil EXHIBIT^ =i.. of Mnnrnark EXHIBIT B Method of Compensation Plan check: At thirty-seven dollars ($37 .00) per hour. Inspections: At thirty-seven dollars ($37 .00) per hour. The total amount under cumulative contracts to this contractor is five-thousand dollars ($5,000) . ON BEHALF OF THE CITY OF MOORPARK: ,� t^ems ci iY By: _ STEVEN KUENY, CITY MANAGER ,,,e( DAVID H. BOR1aICK, CONTRACTOR AATT`TEE/SST::: LILLIAN KELL RMAN, CITY CLERK EXECUTED ON THIS DAY OF August 1, 1990 BARWICK: lAug90 -8-