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HomeMy WebLinkAboutAGENDA REPORT 2020 1021 CCSA REG ITEM 10JCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of October 21, 2020 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2020- 3958. BY B.Garza. J. Consider Agreement with Architerra, Inc. for Slope Naturalization Projects in Landscape Maintenance Districts 20 and 22 and Resolution Amending the Fiscal Year 2020/21 Budget in the Amount of $75,660. Staff Recommendation: 1) Approve agreement with Architerra, Inc. for design of naturalized landscape slopes in Landscape Maintenance District 20; and authorize the City Manager to sign the agreement subject to final language approval of the City Manager; and 2) Approve agreement with Architerra, Inc. for design of naturalized landscape slopes in Landscape Maintenance District 22, and authorize the City Manager to sign the agreement subject to final language approval of the City Manager; and 3) Adopt Resolution No. 2020-3958, amending the Fiscal Year 2020/21 budget to fund landscape architecture services in Landscape Maintenance Districts 20 and 22. (Staff: Jeremy Laurentowski) (ROLL CALL VOTE REQUIRED) Item: 10.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 10/21/2020 Regular Meeting SUBJECT: Consider Agreement with Architerra, Inc. for Slope Naturalization Projects in Landscape Maintenance Districts 20 and 22 and Resolution Amending the FY 2020/21 Budget in the Amount of $75,660 SUMMARY It is recommended that City Council approve the Agreement with Architerra, Inc. (Architerra) for design of Slope Naturalization Projects in Landscape Maintenance Districts (LMD) 20 and 22. BACKGROUND Recently, members of the Homeowner Associations (HOA’s) for LMD 20 (Meridian Hills) and LMD 22 (Moorpark Highlands) have expressed concerns regarding rising maintenance costs in the City maintained areas associated with their developments. In response, staff has suggested naturalizing some of the slope areas to reduce water and maintenance costs. Additionally, by converting the ornamental slope areas to natural landscape areas, the acreage of natural slope will be removed from the total acreage of the relevant LMD. This is due to the fact that there would be no maintenance costs associated with these areas and no staff time will be required to manage these areas. The removal of the acreage will ultimately lower City overhead and staffing costs assigned to the LMD, as these costs are calculated as a percentage of acreage of the relevant LMD, to the total acreage of all LMD zones. The HOA’s associated with Meridian Hills and the Moorpark Highlands are supportive of this concept. DISCUSSION The goal of this project is to convert existing ornamental landscaped slopes to natural landscape slopes consisting of California native plants that will eventually sustain Item: 10.J. 427 Honorable City Council 10/21/2020 Regular Meeting Page 2 themselves on natural rainfall, requiring minimal maintenance, if any. The project areas generally include the City maintained slopes adjacent to Meridian Hills Drive (LMD 20 – approximately 9 acres) and the slopes adjacent to Spring Road and Ridgecrest Drive (LMD 22 – approximately 11 acres), see Attachment 1. The slopes are generally tiered and are separated by concrete ‘V’ ditches extending up and away from the streetscape. The slope areas within the first tier will remain ornamental in order to maintain the overall streetscape design developed for the relevant LMD. The naturalized slopes will consist of the slopes within the second and higher tiers, or slopes that extend down and away from the adjacent streets and are not visible to vehicular or pedestrian traffic. In order to naturalize the slope areas, staff is seeking the services of a Landscape Architect to produce a landscape and irrigation plan, written program, phasing plan, and a project budget. Staff released a Request for Qualifications/Proposal (RFQ/P) on July 15, 2020. Nine proposals were submitted by the due date of August 15, 2020. A review panel, consisting of the Parks and Recreation Director, Community Services Manager, and Management Analyst, reviewed the top five submitted RFQ/P’s. Below are the proposals that were reviewed and the associated costs: • Architerra $75,660 • Brightview $78,490 • MIG $85,950 • Jordan Gilbert Bain $145,655 • RRM Design Group $77,890 Though listed above, cost was not a factor in the selection of the Landscape Architect. All of the proposers were considered qualified to do the work, however, Architerra had demonstrated more experience with completed projects similar to the Slope Naturalization project. Staff is recommending awarding the agreements for both slope areas to Architerra. Staff is recommending phasing the design process. The first phase will include the preparation of a conceptual plan, budget, and analysis on potential cost savings. Once this phase is complete, staff will meet with the relevant HOA’s to review the proposed plans and costs in order to determine if they are interested in continuing with the project. Even though estimates have not been developed for this work, staff anticipates that the fund balances for both LMD 20 and LMD 22 are not sufficient to complete the project, as both fund balances are currently only able to cover annual operating costs. An increase to the annual Levy will be required to fund the construction of this project. Staff will seek concurrence from the relevant HOA’s regarding construction costs and any increases to the annual Levy prior to moving forward with future phases of this project. Phase II includes the completion of working drawings and a written implementation program, and the final phase includes the actual renovation of the slope 428 Honorable City Council 10/21/2020 Regular Meeting Page 3 areas. Staff is confident that a reasonable return on investment can be achieved due to reductions in maintenance, water, and City overhead costs. FISCAL IMPACT The total contract cost to prepare the landscape plans for LMD 20 is $39,363, which includes a 10 percent contingency of $3,578. The total contract cost to prepare the landscape plans for LMD 22 is $43,862, which includes a 10 percent contingency of $3,987. Funds for this work have not been budgeted. Staff is requesting a budget amendment from Meridian Hills LMD Fund (2320) in the amount of $39,363 and from the Moorpark Highlands LMD Fund (2322) in the amount of $43,862 to fund the landscape architect services. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve agreement with Architerra, Inc. for design of naturalized landscape slopes in Landscape Maintenance District 20; and authorize the City Manager to sign the agreement subject to final language approval of the City Manager; and 2. Approve agreement with Architerra, Inc. for design of naturalized landscape slopes in Landscape Maintenance District 22, and authorize the City Manager to sign the agreement subject to final language approval of the City Manager; and 3. Adopt Resolution No. 2020-____, amending the Fiscal Year 2020/21 budget to fund landscape architecture services in Landscape Maintenance Districts 20 and 22. Attachment 1: Slope naturalization areas Attachment 2: Agreement – Landscape Maintenance District 20 Attachment 3: Agreement – Landscape Maintenance District 22 Attachment 4: Draft Resolution No. 2020-____ 429 feetmeters2000800-.%;0/&.&3*%*"/)*--4Maintain 150' brushclearance orirrigated zoneMaintain 100' brushclearance orirrigated zoneNaturalize slope(approx. 6.2 acres)Naturalize slope(approx. .5 acres)Naturalize slope(approx. 2.1 acres)Total acreage reduction:Approx. 8.8 acresMeridian Hills:ProposedNaturalized Slopes ATTACHMENT 1 430 feetmeters2000800-.%;0/&.0031"3,)*()-"/%4 4IFFU Proposed Naturalized Slope:Approximately 1.5 acresProposed Naturalized Slope:Approximately 0.3 acresProposed Naturalized Slope:Approximately 0.3 acresMoorpark HighlandsProposed Naturalized Slopes:Sub-total this sheet = 2.1 acres 431 feetkm30001-.%;0/&.0031"3,)*()-"/%4 4IFFU Proposed Naturalized Slope:Approx. 5.9 acresProposed Naturalized Slope:Approx. 1.1 acresProposed Naturalized Slope:Approx. 1.5 acresProposed Naturalized Slope:Approx. 0.6 acresMoorpark HighlandsProposed Naturalized Slopes:Sub-total this sheet = 9.1 acres 432 DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND ARCHITERRA, INC. FOR LANDSCAPE ARCHITECT SERVICES IN LANDSCAPE MAINTENANCE DISTRICT 20 (MERIDIAN HILLS) THIS AGREEMENT, made and effective as of this _______ day of______, 2020, between the City of Moorpark, a municipal corporation (“City”) and Architerra, Inc., 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 landscape architecture services related to slope naturalization in Landscape Maintenance District 20; 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 August 15, 2020, 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 landscape architecture 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 thirty-five thousand seven hundred eighty-five dollars ($35,785) as stated in Exhibit C, plus a contingency of three thousand five hundred seventy-eight dollars ($3,578) for a total contract amount of thirty-nine thousand three hundred sixty-three dollars ($39,363) 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. ATTACHMENT 2 433 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 Richard Krumwiede, 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 thirty-nine thousand three hundred sixty-three dollars ($39,363) 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. 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 15 434 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 twenty- five dollars ($25) 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 15 435 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 15 436 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 15 437 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 15 438 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: President 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 15 439 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 15 440 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. 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. __________________________________ __________________________________ Troy Brown, City Manager Richard Krumwiede, President Attest: __________________________________ Ky Spangler, City Clerk Architerra, Inc. Page 9 of 15 441 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 10 of 15 442 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 11 of 15 443 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 12 of 15 444 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 13 of 15 445 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 14 of 15 446 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: $ 39,363 2. Dollar amount of Subcontract: $ 0 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. Richard Krumwiede, President Date Architerra, Inc. Page 15 of 15 447 Landscape Architectural Design Services for City of Moorpark Slope Naturalization for LMD 20 Architerra Design Group offers the following cost proposal for the above referenced project. The following summarizes the costs by phase. We have included a spreadsheet showing our services listed by task and personnel. Grand totals include reimbursable expenses. Our hourly rates by classification are followed by the definitions of possible reimbursable expenses. Lastly we have included a spreadsheet showing our services listed by task, cost and personnel. Cost Proposal LMD 20 CONCEPTUAL DESIGN PHASE $9,260.00 CONSTRUCTION DOCUMENT PHASE $15,700.00 RENOVATION PROGRAM & PHASING PLAN $1,680.00 BIDDING AND CONSTRUCTION ASSISTANCE $7,645.00 ESTIMATED REIMBURSABLE EXPENSE ALLOWANCE $1,500.00 GRAND TOTAL (with estimated reimbursable allowance): $35,785.00 Cost Proposal LMD 22 CONCEPTUAL DESIGN PHASE $9,430.00 CONSTRUCTION DOCUMENT PHASE $19,620.0 RENOVATION PROGRAM & PHASING PLAN $1,680.00 BIDDING AND CONSTRUCTION ASSISTANCE $7,645.00 ESTIMATED REIMBURSABLE EXPENSE ALLOWANCE $1,500.00 GRAND TOTAL (with estimated reimbursable allowance): $39,875.00 448 Architerra Design Group Hourly Rates Principal $165.00/Hour Director $140.00/Hour Project Manager $110.00/Hour Landscape Designer $90.00/Hour CAD Designer $85.00/Hour Clerical $55.00/Hour Reimbursable Expenses Reimbursable expenses can vary and are dependent on the needs and demands of the Client. The following costs shall be reimbursed at cost plus, and are not included in the Fee for Professional Services: •Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, Xerox copying, photo reproductions. •Cost of postage and shipping expenses other than first class mail. •All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. •Photographic services, film and processing. •Agronomic Soils tests and reports. •Construction materials testing & reports •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 City. •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 City. 449 Architerra Page 1 ARCHITERRA DESIGN GROUP, INC. HOUR & COST PROJECTIONS JOB NAME: MERIDIAN LMD20, MOORPARK CLIENT: CITY OF MOORPARK CONTACT: JEREMY LAURENTOWSKI, PARKS & RECREATION DIRECTOR DATE: 08/14/20 PREPARED BY: RWK/GPD CONCEPTUAL DESIGN PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK PROJECT KICK-OFF MEETING (CONF./ZOOM)1 1 1 3 $415.00 SITE VISIT/FIELD INVENTORY 8 8 $880.00 DESIGN BASESHEETS 3 5 8 $755.00 WRITTEN ASSESSMENT ON SLOPE CONDITIONS 1 1 2 4 $420.00 PREPARE PRELIMINARY PLANT PALETTE 1 1 1 3 $335.00 PREPARE 2 INFORMAL DESIGN ALTERNATIVE @ 20 SCALE (2 sheets)2 4 12 18 $1,740.00 PREPARE OVERALL PLAN @ 40 SCALE (1 sheet)2 16 18 $1,580.00 PREPARE PHOTO BOARD/PLANT PALETTE 1 1 6 8 $760.00 COST ESTIMATE FOR RETROFIT BASED ON CONCEPTS 2 6 8 $730.00 MEET W/CITY (1 MTG CONF./ZOOM)1 1 2 $250.00 REVISE DESIGN ALTERNATIVES BASED ON CITY REVIEW 2 8 10 $900.00 PROJECT ADMINISTRATION 2 1 3 $275.00 TELEPHONE CONSULTATION 2 2 $220.00 TOTAL CONCEPTUAL 1 7 30 0 56 1 95 $9,260.00 CONSTRUCTION DOCUMENT PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK BASE SHEET DEVELOPMENT @ 30 SC. 30x42 (5 SHEETS)2.5 10 12.5 $1,125.00 PROVIDE SOILS TEST REPORT (2 TESTS COLLECT AT SITE VISIT)REIMBURSABLE TITLE SHEET/PROJECT INFO.0.5 2 2.5 $225.00 REVIEW EXISTING IRRIGATION SYSTEM IN FIELD (1 MTG)6 6 $660.00 LANDSCAPE REMOVALS/DEMO PLAN (5 SHEETS)2 11.5 13.5 $1,197.50 RETROFIT IRRIGATION PLAN 20 SCALE (5 SHEETS)2 2 18 22 $2,030.00 PLANTING PLAN 20 SCALE (5 SHEETS)2 4 30 36 $3,270.00 450 Architerra Page 2 PLANTING DETAILS 0.5 1 1.5 $140.00 PLANTING SPECIFICATIONS (BOOK)1 1 1 3 $335.00 DIGITALLY SUBMIT PLANS AT 50%, 75%, AND 100% COMPLETION 4 2 6 $610.00 REVISE PLANS PER AGENCY COMMENTS (6 REVISIONS @ .25HR PER SHEET)4 22 26 $2,310.00 MEET W/CITY TO REVIEW PLANS (2 MTGS. CONF./ZOOM)2 2 $220.00 IN HOUSE PLAN CHECKING (.5HR SHEET)8.5 8.5 $1,190.00 PROVIDE CITY WITH AUTOCAD FILE 1 1.5 2.5 $237.50 PROVIDE CITY WITH SIGNED PLANS AND PDF 0.5 1 1.5 3 $320.00 PROVIDE CITY ITEMIZED STATEMENT OF PROBABLE COSTS 2 4 6 $560.00 PROJECT ADMINISTRATION 6 6 $660.00 TELEPHONE CONSULTATION 4 4 $440.00 UTILITY RESEARCH 2 2 $170.00 TOTALS 0.5 13.5 42.5 0 106.5 0 163 $15,700.00 RENOVATION PROGRAM & PHASING PLAN:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK WRITTEN PROGRAM FOR MULTI-YEAR PHASING PLAN 4 6 10 $950.00 PREPARE ANNUAL IRRIG. & PLNTG. MAINT. SCH.2 6 8 $730.00 TOTALS 0 0 6 0 12 0 18 $1,680.00 BIDDING PHASE & CONST. ASSISTANCE PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK ASSIT WITH BID FORM PREPARATION 4 4 $440.00 ATTEND PRE-BID MEETING 5 5 $550.00 ANSWER PRE-BID RFI'S AND PREPARE ADDENDA 8 8 $880.00 ATTEND PRE-CONSTRUCTION MEETING 5 5 $550.00 REVIEW CONTRACTOR SUMBITTALS/RFI'S 8 8 $880.00 MODIFY PLANS BASED OFF FIELD CONDITIONS (ALLOW)8 8 $880.00 PROGRESS SITE INSPECTIONS (3 VISITS)16.5 16.5 $1,815.00 FINAL SITE INSPECTIONS (2 VISITS)10 10 $1,100.00 OBSERVATION REPORT / PUNCH LIST (5 REPORTS)5 5 $550.00 TOTALS 0 0 69.5 0 0 0 69.5 $7,645.00 BILLING RATES $165.00 $140.00 $110.00 $90.00 $85.00 $55.00 ESTIMATED REIMBURSABLE EXPENSES (INCLUDES SOILS TESTING AND TRAVEL MILEAGE)$1,500.00 GRAND TOTAL SERVICES $35,785.00 451 452 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Table of Contents Cover Letter Qualifications and Relative Experience Page 1 Organization and Staffing Page 5 Organization Chart Page 6 Resumes Page 7 Project Approach Page 9 Scope LMD 20 Page 9 Scope LMD 22 Page 12 Quality Control Assurance Page 15 Person Hours by Task LMD 20 Page 16 Person Hours by Task LMD 22 Page 17 Schedule for LMD 20 Page 18 Schedule for LMD 22 Page 19 453 August 14, 2020 City of Moorpark Parks Recreation and Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 Attn: Jeremy Laurentowski, Parks and Recreation Director Re: REQUEST FOR QUALIFICATION / PROPOSAL FOR LANDSCAPE ARCHITECT SERVICES for RENOVATION OF SLOPES IN LANDSCAPE MAINTENANCE DISTRICTS 20 AND 22 Dear Mr. Laurentowski: We understand the naturalization of the slopes for LMD 20 and LMD 22 is very important to the City, and the surrounding residents of Moorpark. A key factor to the success of your project will be determined by the selection of a creative and professional consultant with the required skills and experience to achieve your goals. The City desires the creation and installation of a comprehensive, low maintenance, self-sustained– native and drought tolerant plant establishment program. We have the plan. We have the experience and the skills to perform site planning and design development, phasing plan, plant establishment program along with the final Plans, Specifications and Estimates (PS&E) for the LMD slope renovation projects. ADG has established a successful working relationship with the City of Moorpark, most recently with our design and planning for the streetscape master plan of Tierra Rejada Road. In collaboration with the City, ADG created a landscape design and provided construction documents for the 2.5 miles from Arroyo Simi to Spring Road. The plan was to create a streetscape to lower maintenance costs and red using California natives and drought adapted plant species. Other projects in Moorpark include our work on the Spring Road and Championship Drive Median Renovation plan along with our work on Walnut Acres Park. ADG is located in nearby Rancho Cucamonga, a short drive to Moorpark. We have a 29-year history of providing design excellence and customer service. ADG staff for this project will consist of President Richard Krumwiede #2834 providing project and team oversight; Director of Design, 454 Gregg Denson #4302 will oversee the design development phase; Director of Production Jeff Chamlee #1736 will provide construction document oversight and quality control; and Ryan Skolny #6551 will provide project management for the duration of the projects being the main point of contact with the city along with maintaining project schedules. Ryan was the project manager for the Tierra Rejada Road, Spring Road and Championship Drive streetscape projects. As owner and president, I am authorized to submit proposals, negotiate fees, and terms on behalf of Architerra Design Group with the City of Moorpark. I personally will be the Principal available throughout the term of the project, and my California license, physical address, internet address, telephone, and fax numbers are shown on our letterhead. This proposal is valid for 180-days from the date of submission. We recognize that the City reserves the right to negotiate price, or scope items. Sincerely, Richard Krumwiede, President PLA #2834 email: rkrumwiede@architerradesigngroup.com 455 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 1 Qualifications and Relative Experience Architerra Design Group (ADG) was established in 1991 by Richard Krumwiede, a licensed Landscape Architect with over 35 years’ experience in the landscape design and construction industry. ADG is locally based in Rancho Cucamonga, California. The primary goal of ADG is to be attentive to our client needs by producing aesthetic, drought tolerant, sustainable, cost effective, and innovative design solutions. We achieve this by developing strong design concepts that guide each project from the initial design phase to final construction. Consistently striving to achieve this goal, we work with the client to produce projects of lasting value. We are native planting designers and utilize efficient, state of the art irrigation and LID principals in every project. Our project experience covers public and private developments of all sizes. These projects include drought tolerant and native planting plans for public agency projects (habitat restorations, parks, civic centers, fire stations, service facilities, design guidelines, streetscapes, open space design, trails and water quality basins); institutional projects (university, college, high school, middle school, elementary schools, and health care facilities); and private development projects (habitat mitigations and restorations for master planned communities, commercial and industrial developments). Technical skills range from the preparation of simple design tissue sketches, to formal and elaborate presentation graphics and plans, perspective drawings, construction documents, design guidelines, manuals, and construction observation services. The office is also digitally functional, utilizing the latest Auto CAD (2018) software. As one of the Inland Empire's largest Landscape Architecture firms, our Clients have the advantage of speedy project delivery, a high level of customer service, and high-quality deliverables throughout all phases of project development. Currently the office is staffed with 16 full-time professional employees, including five California licensed landscape architects, as well as a Certified Irrigation Water Manager. Additionally, all irrigation design is competed inhouse by our irrigation design team. The entirety of our staff holds either a bachelor’s or master’s degree in Landscape Architecture, or related fields. For over 29-years we have a history of providing our clients with excellent customer service and designing award winning projects. ADG has cultivated a reputation for high quality design, including receiving the American Society of Landscape Architects (ASLA) 2010 Honor Award for the Etiwanda Preserve in Rancho Cucamonga, 2012 ASLA Merit Award for the Cucamonga Valley Water District Campus, and the American Public Works Association (APWA) 2011 Project of the Year award, and the 2012 ASLA Merit Award for the habitat restoration of Cucamonga Basin #6, located in Upland. The following three projects highlight our skill and experience providing landscape renovation and habitat restoration projects. 456 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 2 s Tierra Rejada Streetscape Master Plan and Landscape Renovation The Tierra Rejada streetscape master plan extends approximately 2.5 miles from Arroyo Simi to Spring Road. The goal was to address the aged Tierra Rejada streetscape and slopes and reduce water consumption, lower maintenance costs and help maintain the “woodland feel” of the established landscape. As part of the master plan, ADG redefined an entirely new shrub and groundcover understory plant palette which incorporated both drought tolerant and California native plants. ADG provided site analysis exhibits and detailed planting enlargements of the proposed phased renovation during the conceptual phase as well as construction documents and bidding and construction assistance during the Phase 1 improvement installation. Features also included: Design of localized storm drainage collection zones for groundwater recharge, boulder and cobble dry streambed enhancements and updated irrigation technologies and design. In addition, ADG designed new landscaping to complement the existing streetscape primary and neighborhood monument entries. Contact: Jeremy Laurentowski, Park and Recreation Director, City of Moorpark, (805)517- 6385, 799 Moorpark Avenue, Moorpark, CA 93021. Email: jLaurentowski@MoorparkCA.gov 457 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 3 Sunshine Canyon Landfill Habitat Restoration, Sylmar Program to establish the restoration of the Venturan Coastal Sage Scrub habitat for all of the “closed decks and slopes” of the landfill. We were contracted from 2012 to present, to prepare conceptual design drawings, exhibits and cost estimates for the 363-acre re- vegetation of the southern section of the landfill. The re-vegetation consisted of native planting to promote the proliferation of local flora and fauna using California native plants indigenous to the area surrounding the landfill site. The project including temporary irrigation for the establishment of the planting, that ultimately relies on natural precipitation for water. Plan utilized a combination of hydroseeding, soil imprinting and selected container plantings for erosion control and plant establishment. Project program also includes quarterly site visits and reporting on on-going development of planning for the revegetation of the closed City South Decks and Slopes. To date, ADG has provided plans and construction assistance for +/- 10 acres of CSS mitigation. Republic Services will utilize ADG to implement the successful techniques used on Decks B and C and applying it to the remaining +/- 60 acres of CSS mitigation. ADG has reported on the progression of the site over the past eight years and works with the site Biologist and the County of Los Angeles Solid Waste Management Committee/Integrated Waste Management Task Force. ADG recently provided direction on specific maintenance activities and erosion strategies following last year’s Saddle Ridge Fire which burned a portion of the revegetated mitigation site. Contact: Tuong-Phu Ngo, Environmental Manager, Republic Services, (818) 362-2096, 14747 San Fernando Road, Sylmar, CA 91342. Email: tngo@republicservices.com 458 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 4 Vila Borba Habitat Restoration, Chino Hills Habitat restoration design development and construction documents as required by the final Habitat Mitigation and Monitoring Plan (HMMP) for the Vila Borba master-planned community in Chino Hills, CA. Architerra prepared plans for the planting, irrigation and fencing of 19.87-acres of habitat restoration, within the project’s surrounding slope areas. The planting, temporary irrigation plans, and fencing were prepared as directed by the final HMMP and a California Department of Fish and Game Streambed Alteration Agreement. The temporary irrigation system used non-potable reclaimed water to help with the three-year establishment period of the Sage Scrub, Oak Woodland and Riparian Wetland mitigation sites. During the course of the project, Architerra worked with the project biologist, in preparing the fencing, planting, and irrigation plans for the project, and included the monitoring of the site and preparation of documentation as required by the mitigation agreements. Contact: Jonathan Marshall, Community Services Department Director, City of Chino Hills, (909) 364-2711, 14000 City Center Drive, Chino Hills, CA, 91709. Email: jmarshall@chinohills.org 459 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 5 Organization and Staffing Architerra Design Group will include Richard Krumwiede, President who will provide contract, staff and project oversight; Gregg Denson, Director of Design, who will lead the conceptual planning processes, while Jeff Chamlee, Director of Production will provide technical oversight and quality control during all phases of the project. Our Project Manager, Ryan Skolny, will provide daily scheduling, project management and be the main point of contact throughout the duration of the project’s contract. All four are registered landscape architects with the State of California and will perform the work from our office in Rancho Cucamonga. As one of the largest independent landscape architecture firms in Southern California, we have current staff of 16 full time employees ready and available to complete the plans on time. Our staff has worked on several projects with the City of Moorpark, giving the City a seamless advantage of working with a familiar and successful team who already is well versed in City ordinance, planning processes as well as key personnel who may be involved with the LMD 20 and LMD 22 projects. We maintain, and update monthly, a company backlog of projects currently on contract. After the completion of each of ADG’s monthly billing cycles, the administration department works closely with project managers to provide updates on which projects are active now, in the next 3-6 months, and those that may not occur for longer than six months. This data, along with the remaining balances on existing contracts, and new contracts added during the month, are used to generate our backlog report, or work-in-hand. The principals then use this information to analyze our current staff load, to ensure we have adequate staff available to meet all of our client’s deadlines. This analysis assists the firm in ensuring that we maintain adequate staffing for all contingencies. Our project managers meet every Thursday to schedule staff for the following week. They are able to discuss their needs, and schedule staff according to upcoming deadlines. Then, our entire staff meets on Monday mornings, so the project managers can review and address the goals of the week with designers and keep staff performing efficiently. 460 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 6 461 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 7 President – Richard Krumwiede, ASLA, RLA #2834 Mr. Krumwiede is a hands-on principal, who participates throughout all phases of Architerra projects. He conducts design development and administration on a wide range of projects including habitat restorations, streetscape renovations, community master plan design, public schools, model homes, multi-family, and park projects. He was the principal of record for the Tierra Rejada streetscape masterplan renovation. He is a recent past President of the Southern California Chapter of the American Society of Landscape Architects (ASLA). Honors and Awards include numerous City Beautification Awards, as well as commendations for Model Home and Master Planned Community Designs. In 2007, he was awarded an ASLA Honor Award for garden design of his home and gardens, which were also featured in Sunset magazine’s July 2007 issue. He was born in Upland, California, and graduated from Cal Poly, Pomona with a Bachelor of Landscape Architecture in 1984. ADG operates under Mr. Krumwiede’s California License #2834, and he is also licensed as a landscape architect in Arizona #29115, Oregon #841, New Mexico #538, and Nevada #446. Director of Design – Gregg Denson, ASLA, PLA #4302 As Director of Design, Mr. Denson is responsible for overseeing all aspects of project design from inception to completion. His duties would include participation in client contact, design development, and finalization of all formal design exhibits. Mr. Denson has been involved with designing some of the firm’s most challenging projects. The talented design team he heads up works on projects focusing on sustainable design such as open space public gathering areas, retrofits of existing public facilities for resource conservation, specific plan developments for master planned communities, schools, mixed-use residential developments, trail planning, and open space preserve enhancement projects. Mr. Denson will work with staff to prepare all of the graphic sketches and sections detailed in the scope of services. Additionally, he will attend team meetings as required to assist in the presentation of his work. Mr. Denson has considerable experience with local municipalities in park design, development and construction implementation. Mr. Denson was the landscape architect of record for the Sunshine Canyon revegetation and habitat restoration project in Sylmar. His role was to provide a planting plan along with quarterly and annual site review and reporting to County of Los Angeles Solid Waste Management Committee/Integrated Waste Management Task Force. Mr. Denson has a Bachelor of Science in Landscape Architecture from California State Polytechnic University, Pomona, and provides more than 21 years of design experience to the firm. He is currently licensed as a landscape architect in California (#4302). He is 462 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 8 also a native plant enthusiast who utilizes his own residence for studying the growth characteristics and water requirements of California native plants. Project Manager: Ryan Skolny, ASLA PLA #6551 Mr. Skolny began with ADG in 2014, and advanced quickly to his current position because of his ability to manage projects, as well as identify and implement the design and planning process. He earned his Master of Science in Landscape Architecture from Cal Poly Pomona, after his undergraduate studies at State University of New York: College of Environmental Science and Forestry (BA Landscape Architecture), and Keystone College in Pennsylvania (AA Landscape Architecture). Mr. Skolny is very familiar with preparing bid ready documents for slope irrigation and planting drought tolerant retrofits. He was the project manager for Spring Road and Championship Drive, approximately five miles total of medians for the City of Moorpark. He also managed the Tierra Rejada Streetscape retrofit project for the City of Moorpark. Mr. Skolny’s additional recent streetscape project experience includes the Archibald Avenue median project in the Ontario Ranch Development, and the turf conversion of the Duarte Road project in the City of Duarte. Mr. Skolny is also the lead project manager for our recently awarded project with the City of Compton. This project includes a drought tolerant landscape and irrigation redesign for the renovation/retrofit of approximately 4,100 linear feet of fifteen City maintained medians. Director of Production Jeff R Chamlee, ASLA, PLA #1736 Mr. Chamlee holds a Bachelor of Science degree in Landscape Architecture from Cal Poly, Pomona, and is currently a licensed Landscape Architect in California (#1736). He has been with ADG for 16 years and has over 40-years’ experience in a diverse array of public, commercial, and private projects. He has also taught landscape architecture classes at Cal Poly, Pomona, and currently teaches landscape construction classes at UCLA. Mr. Chamlee has been the Principal Landscape Architect on hundreds of projects involving facilities planning, parks, gardens, medians, master planning, site design, construction documents and construction administration for numerous city and county agencies. In addition to providing project oversight and quality control on every project we produce, Mr. Chamlee was the lead landscape architect for the Mesa Loop Trail, in Diamond Bar , which features three (3) acres of native plant restoration and the Phil and Nell Soto Park in the City of Pomona, a Community Nature Park that highlights several of California’s native plant communities. 463 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 9 Project Approach and Scope of Work ADG shall provide professional services on the project referenced above, the extent of which may be generally described as the preparation of a conceptual design, Construction Documents, Renovation and Phasing Plan and Bidding and Construction Assistance for the renovation of existing landscaped slopes in the Meridian Hills LMD 20 and the Moorpark Highlands LMD22. The goal for all areas is to remove the existing “water-thirsty landscape” dependent upon irrigation and routine maintenance, and replace the existing slope landscaping with a drought adapted, California native plant palette that will eventually sustain itself on natural rainfall and require minimal City maintenance. The current irrigation system is to remain in place and will be modified (if necessary) to aid in the establishment of the new landscape planting during the establishment period. The new planting is to consist of a hydroseed mix of native grasses, annuals and perennial wildflowers and sub-shrubs. Additionally, container plantings of native shrubs and trees will be integrated into the slope planting areas to provide species and age diversity. Once the new plants are established, the City intends on discontinuing the use of irrigation within these designated slope areas. Our Scope of Services for both LMDs are detailed separately below and are listed in order of anticipated completion. City has indicated that the “Plans and Specifications shall be obtained no later than twelve (12) weeks after Notice to Proceed, which will account for City review periods.” We have included a comprehensive schedule for both LMDs on pages 18 & 19. Scope of Services LMD 20 - “Meridian Hills” ADG shall provide professional services the extent of which may be generally described as the preparation of Conceptual Design and Construction Documents for the planting retrofit of Meridian Hills LMD 20 street adjacent slopes. The City of Moorpark is currently planning a landscape and irrigation redesign for the renovation/retrofit of City maintained slopes adjacent to Meridian Hills, in Moorpark, California. The landscape areas to be renovated equate to approximately 9-acres and include slopes along on the north and south sides of Meridian Hills west of Breezy Glen Drive. A. “Conceptual Plans” Phase to Include: 1. Project Kick-off Meeting with City Staff to review project deliverables and schedules (via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 2. Provide a site visit of the project area with ADG staff to photograph/document existing on-site plant materials, irrigation systems, and relevant off-site conditions. 3. Provide written assessment report of existing trees/plant material and provide a suggested plant palette for renovation for City review. 4. Prepare design base sheets using City supplied AutoCAD files. Typical Slope Enlargement at 20-scale and Overall Conceptual Site Plan at 40-scale. 464 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 10 5. Prepare two (2) Conceptual Typical Slope Area Enlargements depicting renovated layout (amongst existing trees to remain) at 20-scale (2 Sheets). 6. Prepare Conceptual Slope Landscape Design for entire slope area at 40-scale (1 Sheet). 7. Prepare Photo Board of proposed plants with palette for use on the LMD 20 slope areas. Plant palette and photos will showcase California native plants, adapted to the Moorpark region that can establish and perpetuate under natural rainfall once established. 8. Prepare preliminary probable construction cost estimates for demolition of existing landscape and renovation with new landscape and irrigation (if needed) using “typical enlargement design”. Total costs to be broken into s.f. improvement costs for application to remainder of project areas, in order to estimate overall project improvement budgets. 9. Meet with City Staff to review Conceptual Landscape Design, Plant Palette/Photo Board and Cost Estimate (1 meeting via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 10. Revise and finalize Conceptual Landscape Design, Plant Palette/Photo Board and Cost Estimate as required by City review/comments. 11. Review Final Conceptual Plans/Exhibits with City Staff (1 meeting via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 12. Project Administration (Bi-weekly Status Report and Project Scheduling) 13. Telephone Consultation. B. “Construction Documents” Phase to Include: 1. Base Sheet Development/Formatting utilizing City Engineering title block, at 20- scale, 24” x 36” at 20-scale (5 sheets). 2. Soil collection and testing, two tests will be collected to be utilized for final soil amendment recommendations and Soil Management Plan (As required by MWELO). 3. Title Sheet Preparation. 4. Field Meeting with City staff/Maintenance Contractor to review existing overhead irrigation system and determine best retrofit/repair design strategy (1 meeting) 5. Preparation of landscape Demolition Plans identifying removals of existing landscape and irrigation repairs/ improvements as required for system functionality. (2 sheets) 6. Irrigation Retrofit Plan Preparation at 20-scale. Retrofit plan to contain notes and best retrofit/repair design strategies based off field review and City input. (5 sheets) 7. Planting Plan Preparation at 20-scale. (5 sheets) 8. Irrigation and Planting Detail Preparation. 9. Prepare Planting/Irrigation Hydro-zone Plan. 10. Planting Specifications. (Book Form) 11. Attend progress review meetings with City staff to clarify and coordinate construction documents and specifications and review the progress (2 meetings via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 465 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 11 12. Submit plans to the City at 50%, 75%, and 100% completion (Anticipated as a digital submittal, combined pdf file format). 13. Revise plans per Agency Plan Check redlines. 14. Provide City with AutoCAD files in 2012 file format upon final plan approval. 15. Provide City with one set of stamped and signed plans, both hard copy and PDF format. 16. Provide City with itemized statement of probable construction costs at 100% construction document completion. 17. Project Administration (Preparation of Bi-Weekly Status Report and Project Scheduling). 18. Telephone Consultation. 19. Utility Research (Irrigation Point of Connection, Pressure). C. “Renovation Program and Phasing Plan” to Include: 1. Prepare written program and multi-year Phasing Plan for renovated slope areas. 2. Prepare Irrigation Schedule and Planting Maintenance Plan with milestones, addressing planting “start dates”, plant establishment timelines and modifications to irrigation based off seasonal conditions and “hardening-off period” in preparation for deactivation of the irrigation. D. “Bidding and Construction Assistance” Phase to Include: 1. Assist City with bid Form preparation. 2. Attend Pre-bid Meeting. 3. Answer Pre-Bid Questions (RFIs) and respond to City with all clarifications and addenda items as needed. 4. Attend Pre-Construction Meeting. 5. Submittal Review and evaluation of product substitutions/alternatives. 6. Answer contractor’s requests for information (RFI’s). 7. Provide reviews of contractor’s material submittals and respond to RFI’s/substitution submittals. 8. Construction observation site visits; three (3) progress meetings on site with contractors and/or City. 9. Attend two (2) final inspections to review contractor deficiencies and compliance, and completion. 10. Preparation of site review reports for submittal to Client for review, and contractor for correction. Five (5) reports total, includes Progress Meetings and Final Inspections/Punch Lists. 466 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 15 Quality Control and Assurance Timeliness/Work Schedule It is understood that time is of the essence. ADG will provide services within the ten (10) weeks period noted, beginning once given the notice to proceed. A project schedule is typically completed by our team in “Fast Track”, detailing each projects phases and tasks for Client review and approval prior to the start of work. Additionally, ADG’s projects are consistently completed on time, due to our Principals active involvement during the progression of our projects through weekly project management meetings and proactive staff scheduling. Quality Assurance Program Unlike larger firms, our modest size gives our Clients the advantage of working with an experienced principal from project start to finish, which increases the level of service and product quality throughout all phases of project development. Our office has developed project design standards, construction document standards, and cost estimating programs, which enable us to provide drawings and projects to our Client’s, which are consistently higher than the “professional standard of care”. Additionally, all projects are reviewed in-house for errors and corrections prior to Client and/or Agency submittals. Communication with our Clients, regarding their project’s progress, is also a part of our quality assurance program. Clients are updated bi-weekly through written “Project Status Reports” prepared by the project manager. 90% of our business is either repeat business from established Clients or referrals from our Clients and Public Agencies. This is a direct result of our office’s high standards for design, construction documents, and client service. Cost Estimating Process In support of our Value Engineering process, ADG prepares “Statements of Probable Construction Costs” as required by the project’s scope of services. The “Statements of Probable Construction Costs” are prepared using Excel spreadsheets, which have been developed by our office over the last twenty-nine years to accurately estimate our project’s costs. The office “master” is updated annually using bid data from our clients, contractor surveys, and material cost multipliers. “Statements of Probable Construction Costs” are generally prepared during the Schematic Design, Design Development, and Construction Document Phases for in-house and client review, and input. Value Engineering An important element in our firm’s success is our ability to meet the Client’s construction budgets. Prior to the start of the design process, we thoroughly discuss the Client’s anticipated improvement cost for each phase of development. Based on this initial feedback, value-engineering studies are conducted to determine the actual improvements possible to maintain the budgetary constraints. ADG then carefully coordinates all phases of design development with the approved construction budget. This creates projects that are consistently constructed at or below the original estimate of projected cost. 467 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 16 Person Hours by Task LMD 20 Meridian 468 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 18 Preliminary Schedule LMD 20 Meridian 469 Creativit y. Service. Environment. ARCHITERRADESIGNGROUP.COM 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, #538 470 471 472 473 474 475 DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND ARCHITERRA, INC. FOR LANDSCAPE ARCHITECT SERVICES IN LANDSCAPE MAINTENANCE DISTRICT 22 (MOORPARK HIGHLANDS) THIS AGREEMENT, made and effective as of this _______ day of______, 2020, between the City of Moorpark, a municipal corporation (“City”) and Architerra, Inc., 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 landscape architecture services related to slope naturalization in Landscape Maintenance District 22; 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 August 15, 2020, 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 landscape architecture 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 thirty-nine thousand eight hundred seventy-five dollars ($39,875) as stated in Exhibit C, plus a contingency of three thousand nine hundred eighty-seven dollars ($3,987) for a total contract amount of forty-three thousand eight hundred sixty-two dollars ($43,862) 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. ATTACHMENT 3 476 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 Richard Krumwiede, 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 forty-three thousand eight hundred sixty-two dollars ($43,862) 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. 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 15 477 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 twenty- five dollars ($25) 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 15 478 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 15 479 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 15 480 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 15 481 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: President 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 15 482 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 15 483 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. 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. __________________________________ __________________________________ Troy Brown, City Manager Richard Krumwiede, President Attest: __________________________________ Ky Spangler, City Clerk Architerra, Inc. Page 9 of 15 484 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 10 of 15 485 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 11 of 15 486 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 12 of 15 487 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 13 of 15 488 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 14 of 15 489 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: $ 43,862 2. Dollar amount of Subcontract: $ 0 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. Richard Krumwiede, President Date Architerra, Inc. Page 15 of 15 490 Landscape Architectural Design Services for City of Moorpark Slope Naturalization for LMD 22 Architerra Design Group offers the following cost proposal for the above referenced project. The following summarizes the costs by phase. We have included a spreadsheet showing our services listed by task and personnel. Grand totals include reimbursable expenses. Our hourly rates by classification are followed by the definitions of possible reimbursable expenses. Lastly we have included a spreadsheet showing our services listed by task, cost and personnel. Cost Proposal LMD 22 CONCEPTUAL DESIGN PHASE $9,430.00 CONSTRUCTION DOCUMENT PHASE $19,620.00 RENOVATION PROGRAM & PHASING PLAN $1,680.00 BIDDING AND CONSTRUCTION ASSISTANCE $7,645.00 ESTIMATED REIMBURSABLE EXPENSE ALLOWANCE $1,500.00 GRAND TOTAL (with estimated reimbursable allowance): $39,875.00 Cost Proposal LMD 22 CONCEPTUAL DESIGN PHASE $9,430.00 CONSTRUCTION DOCUMENT PHASE $19,620.0 RENOVATION PROGRAM & PHASING PLAN $1,680.00 BIDDING AND CONSTRUCTION ASSISTANCE $7,645.00 ESTIMATED REIMBURSABLE EXPENSE ALLOWANCE $1,500.00 GRAND TOTAL (with estimated reimbursable allowance): $39,875.00 491 Architerra Design Group Hourly Rates Principal $165.00/Hour Director $140.00/Hour Project Manager $110.00/Hour Landscape Designer $90.00/Hour CAD Designer $85.00/Hour Clerical $55.00/Hour Reimbursable Expenses Reimbursable expenses can vary and are dependent on the needs and demands of the Client. The following costs shall be reimbursed at cost plus, and are not included in the Fee for Professional Services: • Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, Xerox copying, photo reproductions. • Cost of postage and shipping expenses other than first class mail. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Photographic services, film and processing. • Agronomic Soils tests and reports. • Construction materials testing & reports • 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 City. • 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 City. 492 Architerra Page 1 ARCHITERRA DESIGN GROUP, INC. HOUR & COST PROJECTIONS JOB NAME: HIGHLANDS LMD22 MOORPARK CLIENT: CITY OF MOORPARK CONTACT: JEREMY LAURENTOWSKI, PARKS & RECREATION DIRECTOR DATE: 08/14/20 PREPARED BY: RWK/GPD CONCEPTUAL DESIGN PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK PROJECT KICK-OFF MEETING (CONF./ZOOM)1 1 1 3 $415.00 SITE VISIT/FIELD INVENTORY 8 8 $880.00 DESIGN BASESHEETS 3 5 8 $755.00 WRITTEN ASSESSMENT ON SLOPE CONDITIONS 1 1 2 4 $420.00 PREPARE PRELIMINARY PLANT PALETTE 1 1 1 3 $335.00 PREPARE 2 INFORMAL DESIGN ALTERNATIVE @ 20 SCALE (2 sheets)2 2 14 18 $1,690.00 PREPARE OVERALL PLAN @ 40 SCALE (2 sheet)4 16 20 $1,800.00 PREPARE PHOTO BOARD/PLANT PALETTE 1 1 6 8 $760.00 COST ESTIMATE FOR RETROFIT BASED ON CONCEPTS 2 6 8 $730.00 MEET W/CITY (1 MTG. CONF./ZOOM)1 1 2 $250.00 REVISE DESIGN ALTERNATIVES BASED ON CITY REVIEW 2 8 10 $900.00 PROJECT ADMINISTRATION 2 1 3 $275.00 TELEPHONE CONSULTATION 2 2 $220.00 TOTAL CONCEPTUAL 1 7 30 0 58 1 97 $9,430.00 CONSTRUCTION DOCUMENT PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK BASE SHEET DEVELOPMENT @ 30 SC. 30x42 (8 SHEETS)5 15 20 $1,825.00 PROVIDE SOILS TEST REPORT (2 TESTS COLLECT AT SITE VISIT)REIMBURSABLE TITLE SHEET/PROJECT INFO.0.5 2 2.5 $225.00 REVIEW EXISTING IRRIGATION SYSTEM IN FIELD (1 MTG)6 6 $660.00 LANDSCAPE REMOVALS/DEMO PLAN (8 SHEETS)2 17.5 19.5 $1,707.50 RETROFIT IRRIGATION PLAN 20 SCALE (8 SHEETS)2 6 24.5 32.5 $3,022.50 PLANTING PLAN 20 SCALE (8 SHEETS)2 4 46 52 $4,630.00 493 Architerra Page 2 PLANTING DETAILS 0.5 1 1.5 $140.00 PLANTING SPECIFICATIONS (BOOK)1 1 1 3 $335.00 DIGITALLY SUBMIT PLANS AT 50%, 75%, AND 100% COMPLETION 4 2 6 $610.00 REVISE PLANS PER AGENCY COMMENTS (6 REVISIONS @ .25HR PER SHEET)4 26 30 $2,650.00 MEET W/CITY TO REVIEW PLANS (2 MTGS CONF./ZOOM))2 2 $220.00 IN HOUSE PLAN CHECKING (.5HR SHEET)10 10 $1,400.00 PROVIDE CITY WITH AUTOCAD FILE 1.5 1.5 3 $292.50 PROVIDE CITY WITH SIGNED PLANS AND PDF 1.5 1.5 3 $292.50 PROVIDE CITY ITEMIZED STATEMENT OF PROBABLE COSTS 2 4 6 $560.00 PROJECT ADMINISTRATION 6 6 $660.00 TELEPHONE CONSULTATION 2 2 $220.00 UTILITY RESEARCH 2 2 $170.00 TOTALS 0 15 48 0 144 0 207 $19,620.00 RENOVATION PROGRAM & PHASING PLAN:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK WRITTEN PROGRAM FOR MULTI-YEAR PHASING PLAN 4 6 10 $950.00 PREPARE ANNUAL IRRIG. & PLNTG. MAINT. SCH.2 6 8 $730.00 TOTALS 0 0 6 0 12 0 18 $1,680.00 BIDDING PHASE & CONST. ASSISTANCE PHASE:PRINCIPAL DIR. OF DESIGN PROJECT MGR.DESIGNER CAD CLERICAL TOTAL HRS.COST PER TASK ASSIT WITH BID FORM PREPARATION 4 4 $440.00 ATTEND PRE-BID MEETING 5 5 $550.00 ANSWER PRE-BID RFI'S AND PREPARE ADDENDA 8 8 $880.00 ATTEND PRE-CONSTRUCTION MEETING 5 5 $550.00 REVIEW CONTRACTOR SUMBITTALS/RFI'S 8 8 $880.00 MODIFY PLANS BASED OFF FIELD CONDITIONS (ALLOW)8 8 $880.00 PROGRESS SITE INSPECTIONS (3 VISITS)16.5 16.5 $1,815.00 FINAL SITE INSPECTIONS (2 VISITS)10 10 $1,100.00 OBSERVATION REPORT / PUNCH LIST (5 REPORTS)5 5 $550.00 TOTALS 0 0 69.5 0 0 0 69.5 $7,645.00 BILLING RATES $165.00 $140.00 $110.00 $90.00 $85.00 $55.00 ESTIMATED REIMBURSABLE EXPENSES $1,500.00 GRAND TOTAL SERVICES $39,875.00 494 495 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Table of Contents Cover Letter Qualifications and Relative Experience Page 1 Organization and Staffing Page 5 Organization Chart Page 6 Resumes Page 7 Project Approach Page 9 Scope LMD 20 Page 9 Scope LMD 22 Page 12 Quality Control Assurance Page 15 Person Hours by Task LMD 20 Page 16 Person Hours by Task LMD 22 Page 17 Schedule for LMD 20 Page 18 Schedule for LMD 22 Page 19 496 August 14, 2020 City of Moorpark Parks Recreation and Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 Attn: Jeremy Laurentowski, Parks and Recreation Director Re: REQUEST FOR QUALIFICATION / PROPOSAL FOR LANDSCAPE ARCHITECT SERVICES for RENOVATION OF SLOPES IN LANDSCAPE MAINTENANCE DISTRICTS 20 AND 22 Dear Mr. Laurentowski: We understand the naturalization of the slopes for LMD 20 and LMD 22 is very important to the City, and the surrounding residents of Moorpark. A key factor to the success of your project will be determined by the selection of a creative and professional consultant with the required skills and experience to achieve your goals. The City desires the creation and installation of a comprehensive, low maintenance, self-sustained– native and drought tolerant plant establishment program. We have the plan. We have the experience and the skills to perform site planning and design development, phasing plan, plant establishment program along with the final Plans, Specifications and Estimates (PS&E) for the LMD slope renovation projects. ADG has established a successful working relationship with the City of Moorpark, most recently with our design and planning for the streetscape master plan of Tierra Rejada Road. In collaboration with the City, ADG created a landscape design and provided construction documents for the 2.5 miles from Arroyo Simi to Spring Road. The plan was to create a streetscape to lower maintenance costs and red using California natives and drought adapted plant species. Other projects in Moorpark include our work on the Spring Road and Championship Drive Median Renovation plan along with our work on Walnut Acres Park. ADG is located in nearby Rancho Cucamonga, a short drive to Moorpark. We have a 29-year history of providing design excellence and customer service. ADG staff for this project will consist of President Richard Krumwiede #2834 providing project and team oversight; Director of Design, 497 Gregg Denson #4302 will oversee the design development phase; Director of Production Jeff Chamlee #1736 will provide construction document oversight and quality control; and Ryan Skolny #6551 will provide project management for the duration of the projects being the main point of contact with the city along with maintaining project schedules. Ryan was the project manager for the Tierra Rejada Road, Spring Road and Championship Drive streetscape projects. As owner and president, I am authorized to submit proposals, negotiate fees, and terms on behalf of Architerra Design Group with the City of Moorpark. I personally will be the Principal available throughout the term of the project, and my California license, physical address, internet address, telephone, and fax numbers are shown on our letterhead. This proposal is valid for 180-days from the date of submission. We recognize that the City reserves the right to negotiate price, or scope items. Sincerely, Richard Krumwiede, President PLA #2834 email: rkrumwiede@architerradesigngroup.com 498 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 1 Qualifications and Relative Experience Architerra Design Group (ADG) was established in 1991 by Richard Krumwiede, a licensed Landscape Architect with over 35 years’ experience in the landscape design and construction industry. ADG is locally based in Rancho Cucamonga, California. The primary goal of ADG is to be attentive to our client needs by producing aesthetic, drought tolerant, sustainable, cost effective, and innovative design solutions. We achieve this by developing strong design concepts that guide each project from the initial design phase to final construction. Consistently striving to achieve this goal, we work with the client to produce projects of lasting value. We are native planting designers and utilize efficient, state of the art irrigation and LID principals in every project. Our project experience covers public and private developments of all sizes. These projects include drought tolerant and native planting plans for public agency projects (habitat restorations, parks, civic centers, fire stations, service facilities, design guidelines, streetscapes, open space design, trails and water quality basins); institutional projects (university, college, high school, middle school, elementary schools, and health care facilities); and private development projects (habitat mitigations and restorations for master planned communities, commercial and industrial developments). Technical skills range from the preparation of simple design tissue sketches, to formal and elaborate presentation graphics and plans, perspective drawings, construction documents, design guidelines, manuals, and construction observation services. The office is also digitally functional, utilizing the latest Auto CAD (2018) software. As one of the Inland Empire's largest Landscape Architecture firms, our Clients have the advantage of speedy project delivery, a high level of customer service, and high-quality deliverables throughout all phases of project development. Currently the office is staffed with 16 full-time professional employees, including five California licensed landscape architects, as well as a Certified Irrigation Water Manager. Additionally, all irrigation design is competed inhouse by our irrigation design team. The entirety of our staff holds either a bachelor’s or master’s degree in Landscape Architecture, or related fields. For over 29-years we have a history of providing our clients with excellent customer service and designing award winning projects. ADG has cultivated a reputation for high quality design, including receiving the American Society of Landscape Architects (ASLA) 2010 Honor Award for the Etiwanda Preserve in Rancho Cucamonga, 2012 ASLA Merit Award for the Cucamonga Valley Water District Campus, and the American Public Works Association (APWA) 2011 Project of the Year award, and the 2012 ASLA Merit Award for the habitat restoration of Cucamonga Basin #6, located in Upland. The following three projects highlight our skill and experience providing landscape renovation and habitat restoration projects. 499 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 2 s Tierra Rejada Streetscape Master Plan and Landscape Renovation The Tierra Rejada streetscape master plan extends approximately 2.5 miles from Arroyo Simi to Spring Road. The goal was to address the aged Tierra Rejada streetscape and slopes and reduce water consumption, lower maintenance costs and help maintain the “woodland feel” of the established landscape. As part of the master plan, ADG redefined an entirely new shrub and groundcover understory plant palette which incorporated both drought tolerant and California native plants. ADG provided site analysis exhibits and detailed planting enlargements of the proposed phased renovation during the conceptual phase as well as construction documents and bidding and construction assistance during the Phase 1 improvement installation. Features also included: Design of localized storm drainage collection zones for groundwater recharge, boulder and cobble dry streambed enhancements and updated irrigation technologies and design. In addition, ADG designed new landscaping to complement the existing streetscape primary and neighborhood monument entries. Contact: Jeremy Laurentowski, Park and Recreation Director, City of Moorpark, (805)517- 6385, 799 Moorpark Avenue, Moorpark, CA 93021. Email: jLaurentowski@MoorparkCA.gov 500 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 3 Sunshine Canyon Landfill Habitat Restoration, Sylmar Program to establish the restoration of the Venturan Coastal Sage Scrub habitat for all of the “closed decks and slopes” of the landfill. We were contracted from 2012 to present, to prepare conceptual design drawings, exhibits and cost estimates for the 363-acre re- vegetation of the southern section of the landfill. The re-vegetation consisted of native planting to promote the proliferation of local flora and fauna using California native plants indigenous to the area surrounding the landfill site. The project including temporary irrigation for the establishment of the planting, that ultimately relies on natural precipitation for water. Plan utilized a combination of hydroseeding, soil imprinting and selected container plantings for erosion control and plant establishment. Project program also includes quarterly site visits and reporting on on-going development of planning for the revegetation of the closed City South Decks and Slopes. To date, ADG has provided plans and construction assistance for +/- 10 acres of CSS mitigation. Republic Services will utilize ADG to implement the successful techniques used on Decks B and C and applying it to the remaining +/- 60 acres of CSS mitigation. ADG has reported on the progression of the site over the past eight years and works with the site Biologist and the County of Los Angeles Solid Waste Management Committee/Integrated Waste Management Task Force. ADG recently provided direction on specific maintenance activities and erosion strategies following last year’s Saddle Ridge Fire which burned a portion of the revegetated mitigation site. Contact: Tuong-Phu Ngo, Environmental Manager, Republic Services, (818) 362-2096, 14747 San Fernando Road, Sylmar, CA 91342. Email: tngo@republicservices.com 501 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 4 Vila Borba Habitat Restoration, Chino Hills Habitat restoration design development and construction documents as required by the final Habitat Mitigation and Monitoring Plan (HMMP) for the Vila Borba master-planned community in Chino Hills, CA. Architerra prepared plans for the planting, irrigation and fencing of 19.87-acres of habitat restoration, within the project’s surrounding slope areas. The planting, temporary irrigation plans, and fencing were prepared as directed by the final HMMP and a California Department of Fish and Game Streambed Alteration Agreement. The temporary irrigation system used non-potable reclaimed water to help with the three-year establishment period of the Sage Scrub, Oak Woodland and Riparian Wetland mitigation sites. During the course of the project, Architerra worked with the project biologist, in preparing the fencing, planting, and irrigation plans for the project, and included the monitoring of the site and preparation of documentation as required by the mitigation agreements. Contact: Jonathan Marshall, Community Services Department Director, City of Chino Hills, (909) 364-2711, 14000 City Center Drive, Chino Hills, CA, 91709. Email: jmarshall@chinohills.org 502 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 5 Organization and Staffing Architerra Design Group will include Richard Krumwiede, President who will provide contract, staff and project oversight; Gregg Denson, Director of Design, who will lead the conceptual planning processes, while Jeff Chamlee, Director of Production will provide technical oversight and quality control during all phases of the project. Our Project Manager, Ryan Skolny, will provide daily scheduling, project management and be the main point of contact throughout the duration of the project’s contract. All four are registered landscape architects with the State of California and will perform the work from our office in Rancho Cucamonga. As one of the largest independent landscape architecture firms in Southern California, we have current staff of 16 full time employees ready and available to complete the plans on time. Our staff has worked on several projects with the City of Moorpark, giving the City a seamless advantage of working with a familiar and successful team who already is well versed in City ordinance, planning processes as well as key personnel who may be involved with the LMD 20 and LMD 22 projects. We maintain, and update monthly, a company backlog of projects currently on contract. After the completion of each of ADG’s monthly billing cycles, the administration department works closely with project managers to provide updates on which projects are active now, in the next 3-6 months, and those that may not occur for longer than six months. This data, along with the remaining balances on existing contracts, and new contracts added during the month, are used to generate our backlog report, or work-in-hand. The principals then use this information to analyze our current staff load, to ensure we have adequate staff available to meet all of our client’s deadlines. This analysis assists the firm in ensuring that we maintain adequate staffing for all contingencies. Our project managers meet every Thursday to schedule staff for the following week. They are able to discuss their needs, and schedule staff according to upcoming deadlines. Then, our entire staff meets on Monday mornings, so the project managers can review and address the goals of the week with designers and keep staff performing efficiently. 503 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 6 504 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 7 President – Richard Krumwiede, ASLA, RLA #2834 Mr. Krumwiede is a hands-on principal, who participates throughout all phases of Architerra projects. He conducts design development and administration on a wide range of projects including habitat restorations, streetscape renovations, community master plan design, public schools, model homes, multi-family, and park projects. He was the principal of record for the Tierra Rejada streetscape masterplan renovation. He is a recent past President of the Southern California Chapter of the American Society of Landscape Architects (ASLA). Honors and Awards include numerous City Beautification Awards, as well as commendations for Model Home and Master Planned Community Designs. In 2007, he was awarded an ASLA Honor Award for garden design of his home and gardens, which were also featured in Sunset magazine’s July 2007 issue. He was born in Upland, California, and graduated from Cal Poly, Pomona with a Bachelor of Landscape Architecture in 1984. ADG operates under Mr. Krumwiede’s California License #2834, and he is also licensed as a landscape architect in Arizona #29115, Oregon #841, New Mexico #538, and Nevada #446. Director of Design – Gregg Denson, ASLA, PLA #4302 As Director of Design, Mr. Denson is responsible for overseeing all aspects of project design from inception to completion. His duties would include participation in client contact, design development, and finalization of all formal design exhibits. Mr. Denson has been involved with designing some of the firm’s most challenging projects. The talented design team he heads up works on projects focusing on sustainable design such as open space public gathering areas, retrofits of existing public facilities for resource conservation, specific plan developments for master planned communities, schools, mixed-use residential developments, trail planning, and open space preserve enhancement projects. Mr. Denson will work with staff to prepare all of the graphic sketches and sections detailed in the scope of services. Additionally, he will attend team meetings as required to assist in the presentation of his work. Mr. Denson has considerable experience with local municipalities in park design, development and construction implementation. Mr. Denson was the landscape architect of record for the Sunshine Canyon revegetation and habitat restoration project in Sylmar. His role was to provide a planting plan along with quarterly and annual site review and reporting to County of Los Angeles Solid Waste Management Committee/Integrated Waste Management Task Force. Mr. Denson has a Bachelor of Science in Landscape Architecture from California State Polytechnic University, Pomona, and provides more than 21 years of design experience to the firm. He is currently licensed as a landscape architect in California (#4302). He is 505 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 8 also a native plant enthusiast who utilizes his own residence for studying the growth characteristics and water requirements of California native plants. Project Manager: Ryan Skolny, ASLA PLA #6551 Mr. Skolny began with ADG in 2014, and advanced quickly to his current position because of his ability to manage projects, as well as identify and implement the design and planning process. He earned his Master of Science in Landscape Architecture from Cal Poly Pomona, after his undergraduate studies at State University of New York: College of Environmental Science and Forestry (BA Landscape Architecture), and Keystone College in Pennsylvania (AA Landscape Architecture). Mr. Skolny is very familiar with preparing bid ready documents for slope irrigation and planting drought tolerant retrofits. He was the project manager for Spring Road and Championship Drive, approximately five miles total of medians for the City of Moorpark. He also managed the Tierra Rejada Streetscape retrofit project for the City of Moorpark. Mr. Skolny’s additional recent streetscape project experience includes the Archibald Avenue median project in the Ontario Ranch Development, and the turf conversion of the Duarte Road project in the City of Duarte. Mr. Skolny is also the lead project manager for our recently awarded project with the City of Compton. This project includes a drought tolerant landscape and irrigation redesign for the renovation/retrofit of approximately 4,100 linear feet of fifteen City maintained medians. Director of Production Jeff R Chamlee, ASLA, PLA #1736 Mr. Chamlee holds a Bachelor of Science degree in Landscape Architecture from Cal Poly, Pomona, and is currently a licensed Landscape Architect in California (#1736). He has been with ADG for 16 years and has over 40-years’ experience in a diverse array of public, commercial, and private projects. He has also taught landscape architecture classes at Cal Poly, Pomona, and currently teaches landscape construction classes at UCLA. Mr. Chamlee has been the Principal Landscape Architect on hundreds of projects involving facilities planning, parks, gardens, medians, master planning, site design, construction documents and construction administration for numerous city and county agencies. In addition to providing project oversight and quality control on every project we produce, Mr. Chamlee was the lead landscape architect for the Mesa Loop Trail, in Diamond Bar , which features three (3) acres of native plant restoration and the Phil and Nell Soto Park in the City of Pomona, a Community Nature Park that highlights several of California’s native plant communities. 506 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 9 Project Approach and Scope of Work ADG shall provide professional services on the project referenced above, the extent of which may be generally described as the preparation of a conceptual design, Construction Documents, Renovation and Phasing Plan and Bidding and Construction Assistance for the renovation of existing landscaped slopes in the Meridian Hills LMD 20 and the Moorpark Highlands LMD22. The goal for all areas is to remove the existing “water-thirsty landscape” dependent upon irrigation and routine maintenance, and replace the existing slope landscaping with a drought adapted, California native plant palette that will eventually sustain itself on natural rainfall and require minimal City maintenance. The current irrigation system is to remain in place and will be modified (if necessary) to aid in the establishment of the new landscape planting during the establishment period. The new planting is to consist of a hydroseed mix of native grasses, annuals and perennial wildflowers and sub-shrubs. Additionally, container plantings of native shrubs and trees will be integrated into the slope planting areas to provide species and age diversity. Once the new plants are established, the City intends on discontinuing the use of irrigation within these designated slope areas. Our Scope of Services for both LMDs are detailed separately below and are listed in order of anticipated completion. City has indicated that the “Plans and Specifications shall be obtained no later than twelve (12) weeks after Notice to Proceed, which will account for City review periods.” We have included a comprehensive schedule for both LMDs on pages 18 & 19. Scope of Services LMD 20 - “Meridian Hills” ADG shall provide professional services the extent of which may be generally described as the preparation of Conceptual Design and Construction Documents for the planting retrofit of Meridian Hills LMD 20 street adjacent slopes. The City of Moorpark is currently planning a landscape and irrigation redesign for the renovation/retrofit of City maintained slopes adjacent to Meridian Hills, in Moorpark, California. The landscape areas to be renovated equate to approximately 9-acres and include slopes along on the north and south sides of Meridian Hills west of Breezy Glen Drive. A. “Conceptual Plans” Phase to Include: 1. Project Kick-off Meeting with City Staff to review project deliverables and schedules (via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 2. Provide a site visit of the project area with ADG staff to photograph/document existing on-site plant materials, irrigation systems, and relevant off-site conditions. 3. Provide written assessment report of existing trees/plant material and provide a suggested plant palette for renovation for City review. 4. Prepare design base sheets using City supplied AutoCAD files. Typical Slope Enlargement at 20-scale and Overall Conceptual Site Plan at 40-scale. 507 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 12 Scope of Services LMD 22 “Highlands” ADG shall provide professional services on the project referenced above, the extent of which may be generally described as the preparation of Conceptual Design and Construction Documents for the planting retrofit of Moorpark Highlands LMD 22 maintained street adjacent slopes. The City of Moorpark is currently planning a landscape and irrigation redesign for the renovation/retrofit of City maintained slopes adjacent to Moorpark Highlands, in Moorpark, California. The landscape areas to be renovated equate to approximately 11-acres and include slopes along Spring Road and Ridgecrest Drive. A. “Conceptual Plans” Phase to Include: 1. Project Kick-off Meeting with City Staff to review project deliverables and schedules (via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 2. Provide a site visit of the project area with ADG staff to photograph/document existing on-site plant materials, irrigation systems, and relevant off-site conditions. 3. Provide written assessment report of existing trees/plant material and provide a suggested plant palette for renovation for City review. 4. Prepare design base sheets using City supplied AutoCAD files. Typical Slope Enlargements at 20-scale and Overall Conceptual Site Plan at 40-scale. 5. Prepare two (2) Conceptual Typical Slope Area Enlargements depicting renovated layout (amongst existing trees to remain) at 20-scale. 6. Prepare Conceptual Slope Landscape Design for entire slope area at 40-scale (2 Sheets). 7. Prepare Photo Board of proposed plants with palette for use on the LMD 20 slope areas. Plant palette and photos will showcase California native plants, adapted to the Moorpark region that can establish and perpetuate under natural rainfall once established. 8. Prepare preliminary probable construction cost estimates for demolition of existing landscape and renovation with new landscape and irrigation (if needed) using “typical enlargement design”. Total costs to be broken into s.f. improvement costs for application to remainder of project areas, in order to estimate overall project improvement budgets. 9. Meet with City Staff to review Conceptual Landscape Design, Plant Palette/Photo Board and Cost Estimate. (1 meeting) 10. Revise and finalize Conceptual Landscape Design, Plant Palette/Photo Board and Cost Estimate as required by City review/comments. 11. Review Final Conceptual Plans/Exhibits with City Staff (1 meeting via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 12. Project Administration (Bi-weekly Status Report and Project Scheduling) 13. Telephone Consultation. 508 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 13 B. “Construction Documents” Phase to Include: 1. Base Sheet Development/Formatting utilizing City Engineering title block, at 20- scale, 24” x 36” at 20-scale (8 sheets). 2. Soil collection and testing, two tests will be collected to be utilized for final soil amendment recommendations and Soil Management Plan (As required by MWELO). 3. Title Sheet Preparation. 4. Field Meeting with City staff/Maintenance Contractor to review existing overhead irrigation system and determine best retrofit/repair design strategy (1 meeting via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 5. Preparation of landscape Demolition Plans identifying removals of existing landscape and irrigation repairs/ improvements as required for system functionality. (8 sheets) 6. Irrigation Retrofit Plan Preparation at 20-scale. Retrofit plan to contain notes and best retrofit/repair design strategies based off field review and City input. (8 sheets) 7. Planting Plan Preparation at 20-scale. (8 sheets) 8. Irrigation and Planting Detail Preparation. 9. Prepare Planting/Irrigation Hydro-zone Plan. 10. Planting Specifications. (Book Form) 11. Attend progress review meetings with City staff to clarify and coordinate construction documents and specifications and review the progress (2 meetings via conference call or other virtual platform i.e. Zoom/Go-To-Meeting). 12. Submit plans to the City at 50%, 75%, and 100% completion (Anticipated as a digital submittal, combined pdf file format). 13. Revise plans per Agency Plan Check redlines. 14. Provide City with AutoCAD files in 2012 file format upon final plan approval. 15. Provide City with one set of stamped and signed plans, both hard copy and PDF format. 16. Provide City with itemized statement of probable construction costs at 100% construction document completion. 17. Project Administration (Preparation of Bi-Weekly Status Report and Project Scheduling). 18. Telephone Consultation. 19. Utility Research (Irrigation Point of Connection, Pressure). C. “Renovation Program and Phasing Plan” to Include: 1. Prepare written program and multi-year Phasing Plan for renovated slope areas. 2. Prepare Irrigation Schedule and Planting Maintenance Plan with milestones, addressing planting “start dates”, plant establishment timelines and modifications to irrigation based off seasonal conditions and “hardening-off period” in preparation for deactivation of the irrigation. 509 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 14 D. “Bidding and Construction Assistance” Phase to Include: 1. Assist City with bid Form preparation. 2. Attend Pre-bid Meeting. 3. Answer Pre-Bid Questions (RFIs) and respond to City with all clarifications and addenda items as needed. 4. Attend Pre-Construction Meeting. 5. Submittal Review and evaluation of product substitutions/alternatives. 6. Answer contractor’s requests for information (RFI’s). 7. Provide reviews of contractor’s material submittals and respond to RFI’s/substitution submittals. 9. Construction observation site visits; three (3) progress meetings on site with contractors and/or City. 10. Attend two (2) final inspections to review contractor deficiencies and compliance, and completion. 11. Preparation of site review reports for submittal to Client for review, and contractor for correction. Five (5) reports total, includes Progress Meetings and Final Inspections/Punch Lists. 510 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 15 Quality Control and Assurance Timeliness/Work Schedule It is understood that time is of the essence. ADG will provide services within the ten (10) weeks period noted, beginning once given the notice to proceed. A project schedule is typically completed by our team in “Fast Track”, detailing each projects phases and tasks for Client review and approval prior to the start of work. Additionally, ADG’s projects are consistently completed on time, due to our Principals active involvement during the progression of our projects through weekly project management meetings and proactive staff scheduling. Quality Assurance Program Unlike larger firms, our modest size gives our Clients the advantage of working with an experienced principal from project start to finish, which increases the level of service and product quality throughout all phases of project development. Our office has developed project design standards, construction document standards, and cost estimating programs, which enable us to provide drawings and projects to our Client’s, which are consistently higher than the “professional standard of care”. Additionally, all projects are reviewed in-house for errors and corrections prior to Client and/or Agency submittals. Communication with our Clients, regarding their project’s progress, is also a part of our quality assurance program. Clients are updated bi-weekly through written “Project Status Reports” prepared by the project manager. 90% of our business is either repeat business from established Clients or referrals from our Clients and Public Agencies. This is a direct result of our office’s high standards for design, construction documents, and client service. Cost Estimating Process In support of our Value Engineering process, ADG prepares “Statements of Probable Construction Costs” as required by the project’s scope of services. The “Statements of Probable Construction Costs” are prepared using Excel spreadsheets, which have been developed by our office over the last twenty-nine years to accurately estimate our project’s costs. The office “master” is updated annually using bid data from our clients, contractor surveys, and material cost multipliers. “Statements of Probable Construction Costs” are generally prepared during the Schematic Design, Design Development, and Construction Document Phases for in-house and client review, and input. Value Engineering An important element in our firm’s success is our ability to meet the Client’s construction budgets. Prior to the start of the design process, we thoroughly discuss the Client’s anticipated improvement cost for each phase of development. Based on this initial feedback, value-engineering studies are conducted to determine the actual improvements possible to maintain the budgetary constraints. ADG then carefully coordinates all phases of design development with the approved construction budget. This creates projects that are consistently constructed at or below the original estimate of projected cost. 511 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 17 Person Hours by Task LMD 22 Highland 512 City of Moorpark LMD20 & LMD22 Slopes Landscape Renovation Page 19 Preliminary Schedule LMD 22 Highland 513 Creativit y. Service. Environment. ARCHITERRADESIGNGROUP.COM 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, #538 514 515 516 517 518 519 RESOLUTION NO. 2020-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 BUDGET TO FUND LANDSCAPE ARCHITECT SERVICES FOR SLOPE NATURALIZATION PROJECTS IN LANDSCAPE MAINTENANCE DISTRICT 20 – MERIDIAN HILLS (2320) AND LANDSCAPE MAINTENANCE DISTRICT 22 – MOORPARK HIGHLANDS (2322) WHEREAS, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2020/21 on June 21, 2020; and WHEREAS, a staff report has been presented to City Council requesting approval of an Agreement with Architerra, Inc. for design of slope naturalization project in Landscape Maintenance District (LMD) 20 (Meridian Hills) and 22 (Moorpark Highlands); and WHEREAS, a budget amendment in the amount of $39,363 in Meridian Hills Fund (2320) and in the amount of $43,862 in Moorpark Highlands Fund (2322) are needed to fund the design work; and WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $39,363 in Meridian Hills Fund (2320) and $43,862 in Moorpark Highlands Fund (2322), as more particularly described in Exhibit A, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 21st day of October 2020. ________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment ATTACHMENT 4 520 Resolution No. 2020-____ Page 2 FUND BALANCE ALLOCATION: Fund-Account Number Amount 2320-000-00000-33990 39,363.00$ MOORPARK HIGHLANDS 2322-000-00000-33990 43,862.00$ Total 83,225.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2320-542-M0051-55300 -$ 39,363.00$ 39,363.00$ 2322-542-M0052-55300 -$ 43,862.00$ 43,862.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total -$ 83,225.00$ 83,225.00$ Fund Title MERIDIAN HILLS EXHIBIT A BUDGET AMENDMENT FOR MERIDIAN HILLS (FUND 2320) MOORPARK HIGHLANDS (FUND 2322) LANDSCAPE DESIGN SERVICES SLOPE NATURALIZATION PROJECT FY 2020/21 521