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HomeMy WebLinkAboutAGENDA REPORT 2019 1120 REG CCSA ITEM 09DCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 20, 2019 ACTION Approved staff recommendation, including adoption of Resolution No. 2019- 3862. BY B.Garza. D. Consider Location for Inclusive Playground; Agreement with Architerra Design Group for Playground Design Services; and Resolution Amending Fiscal Year 2019/20 Budget by Appropriating $73,500 from the General Fund (1000) for Design of Inclusive Playground Equipment at Tierra Rejada Park. Staff Recommendation: Approve Tierra Rejada Park as location for inclusive playground; and 2) Authorize Agreement with Architerra, Inc. dba Architerra Design Group for playground design services; and authorize the City Manager to sign the agreement, subject to final language approval of the City Manager; and 3) Adopt Resolution No. 2019-3862 amending the Fiscal Year 2019/20 budget to fund playground design services. ROLL CALL VOTE REQUIRED (Staff: Jeremy Laurentowski) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Community Services Manager DATE: 11/20/2019 Regular Meeting SUBJECT: Consider Location for Inclusive Playground; Agreement with Architerra Design Group for Playground Design Services; and Resolution Amending Fiscal Year 2019/20 Budget by Appropriating $73,500 from the General Fund (1000) for Design of Inclusive Playground Equipment at Tierra Rejada Park BACKGROUND Across the country nearly 1 in 5 people have a disability, yet most playgrounds are not built to accommodate them 1. There are many benefits to providing playgrounds and encouraging children to play, such as brain development, developmental milestones, and the ability to develop social skills. Children with disabilities have less opportunity to experience these important benefits without access to fully accessible playgrounds and areas to play. Current playground design standards require that all playgrounds meet the requirements of the American with Disability Act (ADA). However, ADA compliance is typically only required to access the playground structure via ramps and other barrier free travel routes, with some accessibility to lower level play components. Inclusive Playgrounds go beyond accessibility and include play features and design elements that appeal not only to individuals with mobility impairments, but also individuals with cognitive, developmental, sight, and hearing impairments. Inclusive Playgrounds are not only designed to engage kids and adults with disabilities, but they also encourage able-bodied children and adults to interact in an inclusive, non- segregated setting. These playgrounds encourage children with disabilities and able- bodied children to play side-by-side, allowing children with varying abilities or impairments to engage in play with their peers. 1 Barber, Megan. “Why cities need accessible playgrounds.” www.curbed.com. July, 20, 2018. accessed 11/1/2019 Item: 9.D. 19 Honorable City Council 11/20/2019 Regular Meeting Page 2 Currently, there is an opportunity to apply for a grant from the Land and Water Conservation Fund (LWCF) for an Inclusive Playground in a City park. As part of the process to apply for the grant, the City Council is being asked to consider a location for the playground. The project would convert a current playground location into an Inclusive Playground. DISCUSSION Inclusive Playgrounds are separated from traditional playgrounds because they are installed with accessible surface material which allows access to the playground from all sides, ADA compliant ramps for access to the play structures, play components such as merry-go-rounds, slides, and swings that accommodate access and use by children of all abilities and impairments, elevated sand tables, supportive swings, sensory play elements, ground height activity panels, descriptions in braille, and can even feature “cozy spots”, safe spaces where children can withdraw if they need a break from stimulation2. Staff has identified Tierra Rejada Park and Peach Hill Park as potential locations for the playground. Both of these parks have play equipment that is due to be replaced in the near future, restroom facilities, parking, and the impact to residents is minimal since both parks already have existing playgrounds. Staff anticipates that the introduction of an Inclusive Playground will be very popular not only for Moorpark residents, but also regionally. The City of Ventura is currently in the planning stages of an inclusive playground at Arroyo Verde Park and Conejo Recreation and Park District has a playground that is 60% accessible. Other than these parks, the closest inclusive playground is in Calabasas. Due to the potential for regional interest, staff recommends expanding the parking lots in either option to accommodate additional parking spaces, including installation of additional disabled spaces. Inclusive Playgrounds also require greater distances between components in order to accommodate wheelchair access. The existing footprint of the playground area at both parks would need to be increased to a minimum of 10,000 square feet, but it is possible that the size of the footprint could exceed this size as the design process progresses. Both parks have the space to accommodate expansion. Staff recommends including additional shade structures and picnic tables as a part of the project and grant request, as both parks are already very popular with Moorpark residents. Since inclusive playgrounds consist of many custom playground components and design elements, staff is proposing to include a sensory wall in the park that would also become a part of the City’s Art in Public Places program. In addition to contributing to valuable sensory play, the wall would be unique to the City’s playground. Research shows that sensory play builds nerve connections in the brain, which leads to the child's ability to complete more complex learning tasks. Sensory play also supports language 2 Barber, Megan. “Why cities need accessible playgrounds.” www.curbed.com. July, 20, 2018. accessed 11/1/2019 20 Honorable City Council 11/20/2019 Regular Meeting Page 3 development, cognitive growth, fine and gross motor skills, problem solving skills, and social interaction. This wall will be an important and prominent component of the playground. Of the two options, staff believes that Tierra Rejada Park is the preferred option. This is primarily due to the fact that the location of the softball field at Peach Hill Park could introduce a noise element that may make it difficult at times for certain children to use the playground. The general playground area at Tierra Rejada Park is also larger than Peach Hill Park, which will help when designing the new playground. Additionally, although Tierra Rejada Park is a neighborhood park it is also a destination park. It is centralized within the Mountain Meadows Planned Community and many residents already travel to Tierra Rejada Park from surrounding areas in Moorpark. On November 4, 2019, staff took the potential locations to the Parks and Recreation Commission which recommended Tierra Rejada as the preferred location. Staff has enlisted the services of a landscape architect, playground manufacturer and Inclusive Design consultant to move the design process forward. An important part of the grant application includes community involvement, which staff believes can be accommodated through the design process and a series of community meetings to obtain stakeholder input on the playground theme, components, and experiences. Staff intends to start this process immediately with the goal of having a project that is “shovel ready” in order to earn maximum points on the grant. The grant deadline is in February, 2020. An Agreement has been prepared with Architerra, Inc. dba Architerra Design Group (Architerra) to provide design services for the playground. Staff has also enlisted Landscape Structures, Inc. (Landscape Structures) to assist with design/layout of the playground. Landscape Structures also works with Kanics Inclusive Design to provide expertise to ensure that the playground is truly inclusive. Staff is piggybacking off of the State of California’s Multiple Agreement Service (CMAS) to procure equipment from Landscape Structures for the playground. Landscape Structures has extensive experience providing custom inclusive playgrounds for many communities. It is staff’s vision that this playground be a showpiece for the community and the east county. In the last 13 years, Landscape Structures has been the go-to firm for inclusive playgrounds, having designed and installed hundreds of them worldwide. Fifty of these playgrounds have been installed locally in Kern, Los Angeles, Santa Barbara and San Luis Obispo Counties, and they are currently working with the City of Ventura on their playground. Staff feels Landscape Structures possesses the experience and resources to make the vision of our playground a reality. Depending on the size of the playground footprint, inclusive playgrounds can cost between $750,000, upwards of several million dollars. Staff is estimating that the playground at Tierra Rejada Park would cost approximately $1 million. This estimate includes consultant costs, equipment costs, and improvements to the playground area, 21 Honorable City Council 11/20/2019 Regular Meeting Page 4 restroom, and parking lot. If awarded, the LWCF grant would provide 50% of the costs of the playground and other park improvements, and the City would be required to match the remaining 50%. The City’s match is proposed to come from Community-wide Park Improvement Funds and the Art in Public Places Fund. No funds have been budgeted in the Fiscal Year 2019/20 budget for the services of the Landscape Architect. These services are needed in order to provide staff the required materials to comply with the grant application requirements. Staff is recommending hiring Architerra, Inc. dba Architerra Design Group as the landscape architect. Architerra has the knowledge, resources, and expertise to work with the City’s other selected consultants on the Inclusive Playground. Staff anticipates returning to City Council at a future meeting for additional funding for the services of a Civil Engineer. Funding for the playground equipment and park improvements would not be allocated until the grant has been awarded. The LWCF grant is a reimbursement grant so the City will need to certify that it has funding available to allocate for the full project. Staff will determine which specific fund will pay for, and be reimbursed by the grant at the time of application. FISCAL IMPACT The services of the landscape architect would need to be funded by amending the Fiscal Year 2019/20 budget to appropriate $73,500 from the General Fund – (1000). COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategy 5, Goal 5, Objective 3 (5.5.3): “Seek grant funding for installation of universally accessible play equipment.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Tierra Rejada Park as location for inclusive playground; and 2. Authorize Agreement with Architerra, Inc. dba Architerra Design Group for playground design services; and authorize the City Manager to sign the agreement, subject to final language approval of the City Manager; and 3. Adopt Resolution No. 2019-_____ amending the Fiscal Year 2019/20 budget to fund playground design services. Attachment 1: Agreement Attachment 2: Draft Resolution No. 2019-___ 22 ATTACHMENT 1 DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND ARCHITERRA, INC. dba ARCHITERRA DESIGN GROUP FOR INCLUSIVE PLAYGROUND DESIGN SERVICES AT TIERRA REJADA PARK THIS AGREEMENT, made and effective as of this _______ day of _______________, 2019, between the City of Moorpark, a municipal corporation (“City”) and Architerra, Inc. dba Architerra Design Group, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for inclusive playground design services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated November 11, 2019, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide inclusive playground design services, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of seventy-three thousand four hundred ninety dollars ($73,490) as stated in Exhibit C, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 23 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Gregg Denson, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W -9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed seventy-three thousand four hundred ninety dollars ($73,490) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Architerra, Inc. Page 2 of 16 24 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have seven (7) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of fifty dollars ($50) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms Architerra, Inc. Page 3 of 16 25 of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnification and Defense for Design Professional, as defined in California Civil Code Section 2782.8: To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. For all other liabilities: Notwithstanding the foregoing and without diminishing any rights of City in the preceding paragraph in Section 10, for any liability, claim, demand, Architerra, Inc. Page 4 of 16 26 allegation against City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the City, except for the sole or active negligence of, or willful misconduct of the City. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in Architerra, Inc. Page 5 of 16 27 the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. Architerra, Inc. Page 6 of 16 28 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all 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 addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Richard Krumwiede Architerra, Inc. 10221-A Trademark Street Rancho Cucamonga, CA 91730 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. Architerra, Inc. Page 7 of 16 29 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. Architerra, Inc. Page 8 of 16 30 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties 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. 29. WAIVER No waiver of any provision 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 by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. [signatures on next page] Architerra, Inc. Page 9 of 16 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK ARCHITERRA, INC. dba ARCHITERRA DESIGN GROUP __________________________________ __________________________________ Troy Brown, City Manager Richard Krumwiede, President Attest: __________________________________ Ky Spangler, City Clerk Architerra, Inc. Page 10 of 16 32 Exhibit A INSURANCE REQUIREMENTS Without limiting Consultant’s indemnification of City, and prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs Architerra, Inc. Page 11 of 16 33 payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. Architerra, Inc. Page 12 of 16 34 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. Architerra, Inc. Page 13 of 16 35 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Architerra, Inc. Page 14 of 16 36 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Architerra, Inc. Page 15 of 16 37 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code §7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000?  Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ ____________ 2. Dollar amount of Subcontract: $ ____________ 3. Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Architerra, Inc. dba Architerra Design Group Richard Krumwiede, President Date Architerra, Inc. Page 16 of 16 38 Exhibi C ARCH ITERRA DESIGN GROUP LANDSCAPE ARCHITECTURE AND PLANNING November 11, 2019 Mr. Jeremy Laurentowski Parks and Recreation Director 799 Moorpark Avenue Moorpark, CA 93021 RE: LANDSCAPE ARCHITECTURAL SERVICES PROPOSAL, TIERRA REJADA UNIVERSALLY ACCESSIBLE PLAYGROUND AND PARK REDESIGN IMPROVEMENTS - MOORPARK, CA. Dear Mr. Laurentowski: We are pleased to submit this proposal for Landscape Architectural Services in connection with the project referenced above. This agreement is by and between Architerra Design Group, Inc. (ADG) and The City of Moorpark (Client). PROJECT OVERVIEW ADG shall provide professional services for the project referenced above. The extent of which may be generally described as the preparation of a conceptual landscape redesign and construction documents for the existing playground area at Tierra Rejada Park. The City of Moorpark is seeking to find funding for the park improvements through a grant from the Land and Water Conservation Fund (LWCF). These improvements will include the design of a new Universally Accessible Playground, access pathways, picnic shade shelters, entry feature with signage, new gazebo, picnic shade shelters, parking expansion and upgrading of the existing park lighting. The City of Moorpark has indicated that they will work with a nationally recognized playground manufacturer who specializes in designing Universally Accessible Playgrounds. ADG will coordinate with the City and manufacturer to design the overall space for the playground structures. In addition to the playground redesign, additional park features may include alternative sensory play components like a sensory wall (as part of the City's Art in Public Places), play sculptures, edible and scented plants, textural paving and surfacing options, musical play panels and chimes, sand play areas and organic manipulatives like driftwood, branch blocks, rocks and log slices. The project scope area encompasses approximately 3-acres on the west end of the park, along Mountain Trail Street. Project budget is estimated at $1 million dollars. ARCHITERRADESIGNGROUP.COM 39 10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 PHONE(909)484-2800 FAX(909)484-2802 CA#2834 AZ#29115 NV#446 OR#841 NM #538 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 2 of 13 During the Conceptual Design Phase, Andreasen Engineering, Inc. our civil engineer, will provide a topographical ground survey within the project scope area of the existing park. This base will be used for both the Conceptual and Construction Document Phases of the project. The City intends on reaching out to the neighboring community to have them engaged in the initial design development for the new playground equipment, special features and amenities of the park and overall theming. Community input and feedback from the City will be incorporated into the final park design and presented at the final community workshop. As part of this proposal, ADG has included time for meeting with City staff and helping to facilitate these two community workshops. Once final feedback and design ideas are flushed out, ADG will prepare the overall Conceptual Landscape Master Plan along with a Theme and Materials Board for final review and approval by the City. Upon completion of the Conceptual Design Phase, ADG will provide a construction document package for submittal to the city prior to the February 2020 Grant deadline. Sub-consultants included within this proposal's scope of services include: • Andreasen Engineering, Inc. (civil engineer) for preparation of a topographic ground survey of the existing park conditions for ADG's use as a CAD design base sheet and for final grading plans (per separate City selected civil engineer). • Everest Environmental, for preparation of the Post-Construction Stormwater Management Plan (PCSMP). Their firm specializes in stormwater compliance and will provide the PCSMP for the project area per the final park design. ADG will coordinate base information and locations of any retention/infiltration zones as part of the stormwater control measures and coordinate that information with the City's selected civil engineer. • JCA Engineering, Inc. (electrical engineer) for preparation of the new lighting plans for the parking lot, park monument, redesigned playground area and pedestrian walkways around the play areas and leading to the existing restroom. Consultants not included within this proposal's scope of services: • Civil Engineer- excluded from this proposal. The City has indicated that they will hire one of their on-call Civil Engineers to provide the Precise Grading Plans, Storm Drainage Plan, Construction Layout Plan and associated details related to their work for the parking lot, walkways and playground improvements. ADG will work with the City's selected Civil Engineer to coordinate as base files, redline and review and grading plans and coordinate locations for any necessary stormwater measures. • Structural Engineer- excluded from this proposal. ADG will work with the City to select a Structural Engineer (if needed) for the preparation of any structural detailing and/or calculations depending upon the final park design. • Geotechnical Engineer - excluded from this proposal. The City has indicated that they will hire one of their on-call civil Geotechnical Engineers to provide any necessary geotechnical or infiltration information for the park. Our scope of services are detailed below. 40 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 3 of 13 SCOPE OF SERVICES ADG agrees to perform professional services for the Client as set forth below for the Basic Fee as indicated: A. Conceptual Design Phase: 1. Project Kick Off Meeting with City Staff to discuss project goals and needs, grading constraints, existing trees, material and product types, etc. As part of this kick off meeting, ADG will also meet with the Playground Manufacturer to discuss strategies and scale of the "envelope area" that will contain the Playground Equipment and recreational features. 2. Ground topographical survey provided by Andreasen Engineering. 3. Site Visit/Field Inventory to review existing site conditions, opportunities and constraints. Verify existing as-built conditions, trees, features, and utilities. 4. Program development for design of inclusive and natural playground elements within the existing site conditions. 5. CAD Base Sheet Development, one 20 scale 30" x 42" sheet for the overall improvements for the park (approximately 3 acres) and one 10 scale 30" x 42" sheet for Playground Detail Enlargement using survey CAD file provided by Andreasen Engineering. 6. Preparation of informal tissue bubble diagram, illustrating "rough locations" of new playground area, walkways, parking lot expansion, picnic shade structures, gazebo, sensory gardens and sensory wall for review and comment by Client. Preparation of an Image Board showcasing various playground design elements and styles (to be coordinated with Playground Manufacturer). Bubble diagram and Image Board to be used for discussion at Community Engagement Design Workshops. 7. Attend design review meeting with City Staff (1 meeting anticipated) to review material for presentation at the Community Engagement Workshops. 8. Attend and help facilitate the Community Engagement Design Workshops with City Staff (2 meetings anticipated). It is anticipated that the first workshop will be used to solicit feedback and community interest in the design elements. A survey template will be created (by ADG) to help focus the community discussion and prioritization of amenities desired. The second workshop will be used to present the design for final comments and minor corrections. 9. Revise design as required and prepare final formal CAD Conceptual Landscape Master Plan (@ 20 scale on 30" x 42" sheet) and Playground Enlargement Plan (@ 10 scale on 30" x 42" sheet) for City Park and Recreation Commission and/or City Council approvals. 41 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 4 of 13 10. Preparation of Project Theme and Materials Board. Board to include photos/sketches of proposed site amenities, for park playground elements, plant materials, hardscape and finishes. 11. Preparation of preliminary budgetary estimate of probable construction cost, based off final Conceptual Design. 12. Attendance at Park and Recreation Commission meeting to present design (1 meeting anticipated). 13. Project Administration (Bi-Weekly Status Report and Project Scheduling). 14. Telephone Consultation. B. Construction Document Phase to Include: 1. CAD Base Sheet Preparation at 20-scale, on 24"x36" sheet format, two sheets total utilizing the City of Moorpark's Title Block and sheet layout. 2. CAD Base Sheet Enlargement of Tot-lot area (@ 10-scale, on 24"x36" sheet format, one sheet). 3. Title Sheet Preparation. 4. Preparation of a Demolition Plan (@ 20 scale, 2 sheets) for removal of the existing tot lot, walkways, picnic areas and landscaping within area of expanded improvements. 5. Fine Grading Plan Preparation detailing drain locations, drain pipes, high points, finish grades and finish surface elevations for all hardscape, walls and planter areas (City's selected civil engineer). ADG will coordinate with the selected engineer to coordinate final details, grading solutions and any stormwater control measures, ie. infiltration zones/bioswales. 6. Preparation of PCSMP by Everest Environmental. 7. Construction Plan Preparation for layout and detailing of tot-lot hardscape, tennis court, new site amenities, etc. (@ 20 scale, 2 sheets). 8. Prepare tot-lot Enlargement Plan for equipment layout and play surface design detailing. ADG will work with city's selected playground manufacturer to coordinate any details and fall zone requirements based off the final design of the Universally Accessible Playground (@ 10-scale, one sheet). 9. Electrical Plan coordination with Consultant Electrical Engineer for parking lot lighting, monument lighting, walkway post lights, shelter lighting. 10. JCA to coordinate with ADG on site demolition plan as related to the existing site lighting to be removed. JCA will design the power distribution from existing site service to new light fixtures in electrical controls and specifications. Scope includes structural pole calculations for (2) two footing designs. 42 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 5 of 13 11. Construction and Grading Detail Preparation for entry gateways, site furnishings, playground amenities, planters, wall treatments, shade structures, gazebo, etc. 12. Irrigation Plan Preparation (@ 20 scale, 2 sheets). 13. Irrigation Detail Preparation. 14. Prepare Water Efficiency Landscape Worksheet. * 15. Prepare 2 Irrigation Controller Charts. * 16. Planting Plan Preparation (@ 20 scale, 2 sheets). 17. Planting Detail Preparation. 18. Prepare Planting/Irrigation Hydro-zone Plan. * 19. Construction Specifications. 20. Irrigation & Planting Specifications. 21. Preparation of final Cost Estimate. 22. Provide Soils Test and Soils Management Report. * 23. Prepare Annual Irrigation and Planting Maintenance Schedule. * 24. City Progress Meeting. (1) 25. Meeting with Consultants, as required. 26. Agency Plan Check Corrections. 27. Project Administration. 28. Telephone Consultation. 29. Utility Research (Irrigation Point of Connection, Pressure). 30. Agency Processing of completed plans. C. Bidding Phase (Hourly as Requested): 1. Bidding assistance will be provided to the Client on an hourly as requested, or negotiated lump sum fee basis. D. Construction Observation Phase (Hourly as Requested): 1. Construction observation services will be provided to the Client on an hourly as requested, or negotiated lump sum fee basis. E. "Optional" Items: 1. Preparation of Walkway Lighting Photometric Study. 2. Preparation of Title 24 Calculations. 3. Preparation of New Site Metered Service * Items required for AB 1881 California Water Efficient Landscape Ordinance. 43 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 6 of 13 If the Scope of the Project as outlined above is changed materially, the Basic Fee shall be changed in the same proportion. FEES AND TERMS Services described above shall be provided for in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made a part of this Agreement by reference. We estimate the following fee breakdown by Phase: A. Ground Topographic Survey (Andreasen): $17,250.00 Conceptual Design Exhibits (ADG): $10,975.00 B. PCSMP Report (Everest Environmental): $ 5,250.00 Lighting Plans (JCA): $ 8,165.00 Construction Document Plans (ADG): $26,800.00 C. Bidding Phase: hourly as requested D. Construction Observation Phase: hourly as requested Professional Fee Total: $68,440.00 Estimated Reimbursable Expenses * $1,500.00 E. "Optional" Services: 1. Walkway Lighting Photometric Study $ 650.00 2. Title 24 Calculations $ 700.00 3. New Site Metered Service $2,200.00 Optional Fee Total: $3,550.00 *We estimate that the cost of Reimbursable Expenses, as identified in Appendix A, will be approximately the amount noted above. Reimbursable Expenses incurred are based on the demands/needs of the Client. GENERAL WORK PROGRAM AND TIMETABLE Architerra Design Group proposes the following timetable for completion of this Project after receipt of all necessary information from Client or Client's Consultants as listed under"Owners/Architects Responsibility". TASK PHASE WEEKS A. Conceptual Design Phase 3-6 B. Construction Document Phase 6-8 ADG shall render its services as expeditiously as is consistent with professional skill and care. ADG shall not be responsible for delays that may occur due to causes beyond ADG's reasonable control. DESIGN APPROVAL Mr. Jeremy Laurentowski is designated as the person responsible for design direction to ADG for this Project and has the authority for design approval. In the event that the 44 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 7 of 13 design, as approved by Mr. Laurentowski is rejected by others, and redesign is required, such redesign shall be compensated as Additional Services. MEETINGS AND SITE VISITS This Agreement includes Professional Service time for up to five meetings for coordination with Client. Additional meetings shall be billed as Additional Services. OWNER'S/ARCHITECT'S RESPONSIBILITY Client shall provide the following information, documents, or services as required for performance of the work. ADG is entitled to rely upon the accuracy and completeness of such information, documents, and services, and shall not be liable for errors or omissions therein. Should ADG be required to provide services in obtaining or coordinating compilation of any such information, drawings, or services shall be charged as Additional Services. 1. CAD topography and boundary surveys with 1 ' contours and tree trunks identified. 2. Architectural plans and elevations of any proposed or existing structures. 3. Engineered site plan with building footprints, streets, curbs, and property lines. 4. Rough and precise grading plan for project site. 5. Soils testing and/or engineering. 6. Existing site engineering and utility base information. 7. Overhead aerial photographs at controlled scale. 8. Engineering other than that provided within the Scope of Services. 9. Arborists Report. We would be pleased to answer any questions you may have to clarify the various points above. If the proposal meets with your approval, please sign below where indicated and return one copy for our files. I look forward to working with you on this project. Sinc-rely Yours, A rchiterro Design Group, Accepted: City of Mooroark �tit‘'1 ' By: Richa iede Title: President Date: CA RLA #2834 45 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 8 of 13 APPENDIX A Attached to and part of Agreement for Professional Services between Architerra Design Group, Inc. (ADG), and The City of Moorpark dated November 11, 2019. FEES FOR PROFESSIONAL SERVICES Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement for Landscape Architectural Services. PROJECT RESTART FEE Because of substantial cost incurred by ADG to stop and restart a project once underway, should this project's progress be halted at any time for 30 or more days by the Client, for any reason, a project restart fee of $500.00, will be due and payable immediately. REIMBURSABLE EXPENSES The following costs shall be reimbursed at cost plus 15% and are not included in the Basic Fee for Services: • Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Cost of postage and shipping expenses other than first class mail. • Photographic services, film and processing. • Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by Client. • Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project. (Plan check fees, variance applications, etc.). • Fees for additional special consultants retained with the approval of Client. ADDITIONAL SERVICES ADG may incur expenses and costs, which are not included in the Basic Fee for Services. If authorized by the Client and confirmed by ADG, ADG will perform said Additional Services on a time and material basis, according to the following schedule: Principal $165.00/Hour Director $140.00/Hour Project Manager $110.00/Hour Designer $90.00/Hour 46 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 9 of 13 CAD Designer $85.00/Hour Clerical $55.00/Hour Additional Services Include but are not limited to: 1 . Making planning surveys, feasibility studies, and special analyses of Client's needs to clarify requirements for project programming. 2. Master planning. 3. Site Planning. 4. Revisions and changes in approved drawings and the preparation alternatives or deductive change orders requested by Client. 5. Services with respect to replacement of any work damaged during construction. 6. Services required as a result of the default or insolvency of the contractor. 7. Preparation of record drawings or of measured drawings of existing conditions. 8. Providing prolonged construction observation should the construction time be substantially extended through no fault of ADG. 9. Opinions of probable construction costs. 10. Agency processing of completed plans if requested by Client. If the duration of the Project continues past one year from the date of signing this Agreement, ADG shall have the right to increase the hourly rate for Additional Services. OVERTIME REQUESTS It is ADG's responsibility to schedule the Project's completion under normal conditions without the use of the staff on an overtime basis. If the Client adjusts the deadline or requests that the work be completed earlier than originally scheduled, requiring overtime, the fees shall be adjusted to cover the increased costs incurred by ADG. The hourly rates for overtime will be one and one-half (1-1/2) times the hourly rates listed above. BILLING PROCEDURES A. All billing shall be done on a monthly basis. Invoices shall include charges for Basic Services rendered to date of invoice and Reimbursable Expenses supported by an itemized description. B. Retainer: ADG shall be compensated an amount equal to 10% of the total fee at the time of acceptance of the proposal. C. Invoices for Additional Services shall be submitted on a monthly basis, supported by an itemized description. D. All invoices are due and payable upon receipt. Whenever the account is delinquent (30 days past due), ADG may suspend without any resulting liability, 47 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 10 of 13 any further services called for this Agreement until said account is made current. Not withstanding this provision, ADG may continue work beyond the time which ADG could have suspended the work without waiving it's right hereunder. E. If the Client fails to pay an invoice within seven days of the date payment is due, ADG shall be entitled, upon three days notice, to suspend further services until all accounts due have been paid. LATE PAYMENT PENALTY Client agrees to pay a monthly late payment penalty of one and one-half percent (1- 1/2%) per month, which will be applied to any unpaid balance commencing thirty 30- days from invoice date. OPINIONS OF PROBABLE CONSTRUCTION COSTS ADG has no control over the cost of labor, materials, or equipment, or over the Contractor's method of determining prices, or over competitive bidding or market conditions. Any Construction Cost estimates provided for herein are to be made on the basis of ADG's experience and qualifications. These opinions represent ADG's best judgment due to our familiarity with the construction industry. However, ADG cannot and does not guarantee that proposals, bids, or the construction cost will not vary from estimates prepared by ADG. If the Client wishes greater assurance as to the construction cost, the Client shall employ an independent cost estimator. OWNERSHIP AND COPYRIGHT OF DOCUMENTS All drawings and documents produced under terms of this agreement are the property of Architerra Design Group, and cannot be used for any reason other than to bid and construct the above-named project. The Client shall be granted a revocable license to use the drawings and documents for the purpose of constructing, maintaining, and operating the project, and shall not use such documents for any other purpose without ADG's consent. The Client shall indemnify and defend ADG from any claim, loss or damage arising out of the Client's failure to abide by the terms hereof. INDEMNIFICATION Architerra Design Group agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by Architerra design Group's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her sub-consultants or anyone for whom Architerra Design Group is legally liable. This indemnification expressly excludes the duty of Architerra Design Group to defend the Client. However, the absence of the duty to defend shall not preclude the Client from seeking its reasonable attorneys' fees as part of its damages where and to the extent such fees are caused by Architerra Design Group's negligence. The Client agrees, to the fullest extent permitted by Law, to indemnify and hold Architerra Design Group harmless from any damage, liability or cost (including 48 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 11 of 13 reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, sub-consultants or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this agreement. Architerra Design Group is not obligated to indemnify the Client in any manner whatsoever for the Client's own negligence. CERTIFICATIONS The Client shall indemnify ADG from claims arising out of any certifications, which are required to be signed on behalf of the Client during the course of the project. DISPUTE RESOLUTION Client and ADG agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event, shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. PROJECT PROMOTION ADG has the right to photograph the above-named project and to use the photos in the promotion of the professional practice through advertising, public relations, brochures or other marketing materials. Should additional photos be needed in the future, the Client agrees to provide reasonable access to the facility. The Client also agrees to city the name of Architerra Design Group as the designer in all publicity, presentations, and public relations activities, which mention the name of or depict the facility. HAZARDOUS WASTE Client shall indemnify and hold harmless ADG and its consultants, agents, and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by ADG, or claims against ADG arising from the work of others, related to hazardous waste. The above indemnification provision extends to claims against ADG which arise out of, are related to, or are based upon, the dispersal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic-chemicals, liquids, gasses or any other material, irritant contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface soil, water or watercourses, objects, or any tangible or intangible matter, whether sudden or not. 49 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 12 of 13 LIMITATION OF LIABILITY The Client understands and acknowledges that the design and construction process for this project poses certain risks to both ADG and the Client. The Client further understands and acknowledges that the amount of risk that ADG can accept is tied, in part, to the amount of compensation received for services rendered. ADG's fee for the services offered is based on the Client's agreement to limit the ADG's liability as described below. The Client further acknowledges that were it not for this promise to limit ADG's liability, ADG's compensation would need to increase to address the risks posed by the project. The Client, therefore acknowledging its right to discuss this provision with legal counsel experienced in the design and construction process, as well as other design professionals, voluntarily agrees that, to the fullest extent permitted by law, ADG's total liability to the Client for any and all injuries, claims, liabilities, losses, costs, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement for any cause or causes including, but not limited to, ADG's negligence, errors, omissions or breach of contract, shall not exceed the total amount of compensation received under this Agreement. This limitation of liability shall apply to the Client's claims for damages as well as the Client's Claims for contribution and indemnity with respect to third party claims. MEANS AND METHODS ADG shall not have control over 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, since these are solely the Contractor's responsibility under the Contract for Construction. ADG shall not be responsible for the Contractor's schedules for failure to carry out the Work in accordance with the Contract Documents. ADG shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. LAW This Agreement shall be interpreted and enforced according to the laws of the State of California. TERMINATION It is understood that these services may be terminated upon 10 days' written notice for cause by either party. In this event, ADG shall be compensated for all work-performed prior to date of termination at the rates set forth above. REVOCATION This proposal shall be considered revoked if acceptance is not received within 60 days of the date hereof. STATE REGULATIONS 50 City of Moorpark Tierra Rejada Park Playground Redesign Improvements Page 13 of 13 Landscape architects are licensed by the State of California. MISCELLANEOUS PROVISIONS This agreement is the entire and integrated agreement between Client and ADG and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and ADG. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. Neither Client nor ADG shall assign this agreement without the written consent of the other. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. END 51 ATTACHMENT 2 RESOLUTION NO. 2019-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2019/20 BUDGET BY APPROPRIATING $73,500 FROM GENERAL FUND (1000) FOR DESIGN OF INCLUSIVE PLAYGROUND AT TIERRA REJADA PARK WHEREAS, on June 19, 2019 the City Council adopted the Operating and Capital Improvement Projects budget for FY 2019/20; and WHEREAS, applying for grant funding for a universally accessible playground is a City Council Goal and Objective; and WHEREAS, an opportunity for the City to apply for grant monies to fund a universally accessible playground has arisen and staff needs the services of a landscape architect to design the playground and prepare grant related information; and WHEREAS, a staff report has been presented to the City Council to authorize an Agreement with Architerra, Inc. dba Architerra Design Group for design of a universally accessible playground at Tierra Rejada Park; and WHEREAS, a budget amendment in the amount of $73,500 from the General Fund (1000) is requested to fund these services; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $73,500 from the General Fund (1000), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of November, 2019. _____________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Budget Amendment 52 Resolution No. 2019-_____ Page 2 FUND BALANCE ALLOCATION: Fund-Account Number Amount General Fund 1000-000-00000-33990 73,500.00$ Total 73,500.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-541-C0063-55300 -$ 73,500.00$ 73,500.00$ Total -$ 73,500.00$ 73,500.00$ EXHIBIT A BUDGET AMENDMENT FOR GENERAL FUND (1000) TIERRA REJADA PARK FY 2019/20 Fund Title DESIGN OF INCLUSIVE PLAYGROUND AT 53