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HomeMy WebLinkAboutAGENDA REPORT 2021 1215 CCSA REG ITEM 09ECITY OF MOORPARK, 
CALIFORNIA City Council Meeting of December 15, 2021 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2021-4058. (ROLL CALL VOTE: UNANIMOUS). BY K. Spangler. E.Consider Agreement with LPA, Inc. for Architectural Design Services for the New City Library and Resolution Amending the Fiscal Year 2021/22 Budget. Staff Recommendation: 1) Approve Agreement with LPA, Inc. for Architectural Design Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 2) Adopt Resolution No. 2021-4058 amending the Fiscal Year 2021/22 budget to fully fund the Agreement. (ROLL CALL VOTE REQUIRED) (Staff: Jeremy Laurentowski, Parks and Recreation Director) Item: 9.E. Item: 9.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 12/15/2021 Regular Meeting SUBJECT: Consider Agreement with LPA, Inc. for Architectural Design Services for the New City Library and Resolution Amending the Fiscal Year 2021/22 Budget SUMMARY Staff recommends approving an Agreement with LPA, Inc. for architectural design services for the new City Library. BACKGROUND Since 2007 a new Civic Center, including a new City Hall and City Library, has been a priority of the City Council. However, the Civic Center project was stalled several times until 2016 when the City Council authorized staff to move forward with the design of a new 18,000 sq. ft. City Library. The City Council selected a site on the north side of High Street, across from the Post Office, and directed staff to hire a consulting team to move the project forward. On December 20, 2017, the City Council created a Library Ad Hoc Committee (Ad Hoc) to select the library architect and approved an agreement with Linda Demmers, Library Consultant, to assist staff with the selection of the architect, community engagement process, space planning, and consultation through project completion. The Ad Hoc included Mayor Parvin and former Councilmember Simons. Ms. Demmers was hired to ensure that the ultimate layout of the library meets the needs of the City’s operations and the Moorpark community. 232 Honorable City Council 12/15/2021 Regular Meeting Page 2 On April 18, 2018, the City Council authorized the release of a Request for Qualifications and Proposal (RFQ) for architectural design services for the new Library, and authorized staff to obtain Gold LEED certification. Additionally, a component of the RFQ was the inclusion of a comprehensive site plan that would not only allow for the future expansion of the library but would also consider the potential future construction of a City Hall building adjacent to the library site. In conjunction with the library project, staff intended to prepare a separate RFQ in order to develop a comprehensive Civic Center Master Plan (Master Plan) of the entire Civic Center site. The intent was that these two projects would run parallel so that there would not be any delays to the library project. However, during the selection process for the library architect, it was evident that the majority of the architects that submitted proposals for library services possessed similar experience with a wide range of other civic projects. With agreement from the Ad Hoc, staff determined that it would be beneficial to complete both projects under one architectural firm so that a comprehensive Master Plan could be developed considering all aspects of the current site and surrounding uses. Ultimately, staff and the Ad Hoc recommended to the City Council an Agreement with CWA AIA, Inc. (CWA) for Architectural and Master Plan Design Services for the new City Library. An Agreement with CWA was approved by the City Council on November 7, 2018. The primary intent of the Master Plan was to substantiate the location for the future City Library previously approved by the City Council, while providing the planning framework for the Civic Center campus, including the location of the future City Hall, and the future development in the Civic Center core area. The Master Plan is a viable development plan that identifies areas for private investment and economic development. The land uses recommended for the Civic Center site consider surrounding residential and commercial development, and opportunities for commercial land uses within the Civic Center area. On September 16, 2020, the City Council adopted the Master Plan. The Master Plan concept that was ultimately selected by the City Council was advantageous because it included property already owned by the City, was consistent with prior City Council direction in that it provided a strong civic bookend to the west end of High Street, and it allowed for the City to move forward with the construction of the new City Library while still preserving space for the future City Hall. Additionally, it maximized commercial and/or residential opportunities along the future expansion of High Street to the west. Beginning in the fall of 2020, staff kicked-off the project by having the architect begin the process of designing the new City Library. Staff and the consulting team scheduled a series of community engagement meetings to gather input regarding the surveys that were previously released to the community, as well as the related space planning concepts presented by Ms. Demmers. Additionally, community meetings were scheduled to gather input regarding the interior and exterior building themes presented by the project interior designer and architect. The results of the community meetings were presented to the City Council during a Special City Council meeting on March 24, 2021. At that time, the City Council approved the space planning concept for the library. However, there was concern regarding the design direction proposed by the project architect. In general, the City Council did not feel that the library design concepts embraced the history and culture of Moorpark, nor did they feel that they complemented the existing architectural styles on High Street. 233 Honorable City Council 12/15/2021 Regular Meeting Page 3 Shortly after the Special City Council meeting, it became evident that a change was needed in order to move the library project forward. In July 2021, Staff determined that the agreement with CWA should be terminated with no fault, and that a new architect should be selected. DISCUSSION In August 2021, a new RFQ was released to select a new library architect. Based on the feedback staff received from the City Council during the Special City Council meeting, staff determined that it will be important to select an architect that had prior experience designing or restoring civic buildings with noteworthy historical significance. The new library will be an extension of the historic High Street corridor and the building will need to blend with existing and proposed architectural styles on High Street, while providing a timeless and inviting design that maintains old town values. Additionally, on September 15, 2021, the City Council created a new Library Architect Ad Hoc Committee (Ad Hoc) to select the new library architect. The Ad Hoc included Councilmembers Enegren and Pollock. On September 14, 2021, staff received 18 RFQ’s for architectural services for the new City Library. The proposals were reviewed by staff and the Ad Hoc, and were ranked on the following criteria: •Overall quality of the proposal and presentation •The firm’s understanding of the project •The architect's approach and methodology for the project •The project schedule •The relevant experience of the firm •The architect’s consideration for the site conditions •The architect’s experience related to LEED energy efficiency •Stated exceptions to the City's proposed contract for services •Experience of consulting team On October 11, 2021, the Ad Hoc met with staff to review the proposals and selected three firms to continue in the selection process. The three firms that were selected are as follows: •HMC Architects (Los Angeles, CA) •Group 4 Architecture, Research + Planning, Inc. (Group 4) (San Francisco, CA) •LPA, Inc. (Irvine, CA) On November 18 and November 19, 2021, the Ad Hoc and staff interviewed the three selected architectural firms. Each firm was instructed to prepare a presentation based on the information provide in the RFQ. However, the firms were also challenged with a task to illustrate and help the interview panel understand their design philosophy, approach, and vision for the new City Library from both an architectural and interior design 234 Honorable City Council 12/15/2021 Regular Meeting Page 4 perspective. The interviews were ranked on the following criteria: understanding of the project’s opportunities and constraints, approach and methodology, project vision, design aesthetics, creativity, LEED certification, project schedule, relevant experience & references, and quality of the presentation in general. Staff and the Ad Hoc unanimously selected LPA, Inc. (LPA) as the architectural firm that would be recommended to the City Council for the new City Library. Although all the architectural firms that were interviewed possessed excellent qualities, LPA stood out from the rest due to their extensive experience in library design, particularly their experience related to libraries with historical significance and libraries located within historically significant locations. LPA’s vision for the new library was comprehensive, well thought out, and creative, and was based on Moorpark’s agricultural history, culture, and celebrated the old town character of High Street. Additionally, LPA’s approach and methodology were of particular interest to the Ad Hoc and staff. LPA is an integrated firm driven by a ‘One Stop Shop’ philosophy and provides inhouse services for architecture, landscape architecture, engineering, and interior design services to name a few. Staff believes this philosophy allows for a strong collaborative approach to project design and will produce a better project overall. Although the purpose of the issuance of an RFQ is to select an architect based on qualifications and not costs, it should be noted that LPA’s cost proposal is higher than the other three architectural firms selected for an interview. However, it should be noted that LPA’s proposal is approximately in the middle of the spread when you consider all 18 proposals. The proposals ranged from approximately $1.2 to $1.8 million depending on the firm. It should be noted that the cost proposals were not opened until a preference was made regarding the architect selection. For comparison purposes, the following are the results of the cost proposals: • HMC Architects $1,392,650 • Group 4 $1,466,824 • LPA, Inc. $1,522,525 Staff anticipates that the library project will take approximately three years to complete and as discussed during prior staff reports, will cost the city approximately $22,000,000 to build. LPA has confirmed that this is a realistic time frame and budget. However, it should be noted that construction and labor costs have been extremely unstable over the last 18 months due to the ongoing pandemic and there has been quite a bit of uncertainty and speculation regarding the actual costs of construction once this project goes out to bid. Staff will return to the City Council once a detailed budget has been prepared for the new library. FISCAL IMPACT The cost for Library design services, including reimbursable costs and the fees associated with the project consulting team is $1,675,778 which includes a 10% contingency of $152,253. 235 Honorable City Council 12/15/2021 Regular Meeting Page 5 A budget amendment is needed in order to fully fund the architectural services. The funds available in the Library Project (C0056) total $1,301,383. A budget amendment of $375,000 from the Special Projects Fund (3004) is needed to fully fund the project. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 3, Objective 3.11: “Complete construction plans for the City’s new Library.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Agreement with LPA, Inc. for Architectural Design Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 2.Adopt Resolution No. 2021-______ amending the Fiscal Year 2021/22 budget to fully fund the Agreement. Attachment 1: Agreement with LPA, Inc. Attachment 2: Resolution No. 2021-____ Attachment 3: Technical Qualifications – LPA, Inc. 236 DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND LPA, INC. FOR ARCHITECTURAL DESIGN SERVICES FOR MOORPARK CITY LIBRARY THIS AGREEMENT, made and effective as of this ________ day of________, 202____, between the City of Moorpark, a municipal corporation (“City”) and LPA, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for architectural design services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated September 21, 2021 which is attached hereto as Exhibit C and D. 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 and D, 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 architectural design services, as set forth in Exhibit D. In the event there is a conflict between the provisions of Exhibit C and D and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C and D. Compensation for the services to be performed by Consultant shall be on a fixed fee basis in accordance with Exhibit D. Compensation shall not exceed the rates or total contract value one million five hundred twenty-two thousand five hundred twenty-five dollars ($1,522,525) as stated in Exhibit D, plus a contingency of one hundred fifty-two thousand two hundred fifty-three dollars ($152,253) for a total contract amount of one million six hundred seventy-four thousand seven hundred seventy-eight dollars ($1,675,778), 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 1 237 LPA, INC. Page 2 of 26 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. No warranty or guarantee, either express or implied, is made or intended by 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 Jeremy Hart, 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 and Exhibit D, on a percentage complete basis . This amount shall not exceed one million five hundred twenty-two thousand five hundred twenty-five dollars ($1,522,525) plus a contingency of one hundred fifty-two thousand two hundred fifty-three dollars ($152,253) for a total contract amount of one million six hundred seventy-four thousand seven hundred seventy-eight dollars ($1,675,778) 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 238 LPA, INC. Page 3 of 26 Consultant within fourteen (14) days of receipt of any disputed fees set forth on the invoice. 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. Further, Consultant upon thirty (30) days written notice shall have the right to suspend its services if undisputed amounts are not paid when due. 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 material 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 fourteen (14) 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. INTENTIONALLY DELETED 239 LPA, INC. Page 4 of 26 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 ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, and provided that City has compensated Consultant fully for its services, 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 (“Instruments of Service”) 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. Consultant’s conveyance of its ownership rights as described above shall not deprive Consultant of its right to use its standard details and pre-existing intellectual property on any other projects with other clients. In the event City reuses the Instruments of Service on any other project without the engagement of Consultant, City shall do so at its own risk and will hold Consultant harmless as to any such reuse. 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 240 LPA, INC. Page 5 of 26 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, 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 241 LPA, INC. Page 6 of 26 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 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 (“OSHA”) laws and regulations. The parties recognize that OSHA safety provisions as applicable to the employees of the City’s contractor and its sub-contractors performing the construction work on the Project (“Workers”) are the responsibility of the contractor. It is not the intent of this Agreement to enlarge the personal injury liability of the Workers to Consultant. Because Consultant is not in control of such day-to-day operations, and cannot be, OSHA safety provisions specifically applicable to the contractor are the responsibility of the contractor. 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 242 LPA, INC. Page 7 of 26 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. 17. CONFLICT OF INTEREST The Consultant covenants that if they or any officer or principal of their firm have any interests, or if they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder, Contractor shall immediately notify the City, in writing, informing the City of the nature of the contract, prior to commencing with any work or entering into such contract. If the City determines a potential conflict of interest, the City may assign any work related to the conflict of interest to an alternate contractor. 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: Chief Operating Officer, Jon Mills LPA, Inc. 5301 California Ave., Suite 100 Irvine, CA 92617 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. 243 LPA, INC. Page 8 of 26 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. 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 or its employees 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. In the event of a dispute between the parties as to performance of Consultant’s services, the interpretation of this Agreement, payment or nonpayment for services performed or not performed or for disputes on whether or not Consultant is in default, the parties shall (if informal attempts, such as discussions between senior leadership of the parties, have not resolved the dispute) attempt to resolve the dispute either informally or through the mediation process before resorting to litigation or, if the parties mutually agree, arbitration. Such informal attempts should include at least one meeting between senior leadership within ten (10) days written request of the party that has a dispute, and the parties shall make good faith efforts to resolve the dispute during the meeting or any further meetings that senior leadership may agree to attempt to resolve the dispute before going to mediation. If Consultant performs diligently to completion, the City agrees to make progress payments as called for herein. If the dispute is not resolved, Consultant agrees that it will neither rescind the Agreement nor stop the progress of its services, as long as the City continues to make payments on all invoices and shows a good faith effort to resolve the dispute by mediation or other means. 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 244 LPA, INC. Page 9 of 26 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. 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 245 LPA, INC. Page 10 of 26 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 LPA, Inc. __________________________________ __________________________________ Troy Brown, City Manager Jon Mills, Chief Operating Officer License No. C21169 Attest: __________________________________ Ky Spangler, City Clerk 246 LPA, INC. Page 11 of 26 Exhibit A INSURANCE REQUIREMENTS Without limiting Consultant’s indemnification of City, and prior to the beginning of and throughout the duration of services, 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 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 $2,000,000 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 payable in 247 LPA, INC. Page 12 of 26 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, or equal. 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. 248 LPA, INC. Page 13 of 26 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, except for ten (10) days’ notice for nonpayment of premium. 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. 249 LPA, INC. Page 14 of 26 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 250 LPA, INC. Page 15 of 26 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. 251 LPA, INC. Page 16 of 26 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code §7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000?  Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ ____________ 2. Dollar amount of Subcontract: $ ____________ 3. Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Consultant Name Signature, Title Date 252 LPA, INC. Page 17 of 26 EXHIBIT C SCOPE OF SERVICES Architectural and engineering services shall consist of all items of work necessary for verification of building program, site planning, schematic design, city review, design development, city development review, construction documents, plan submittal, contract documents, and construction administration for an approximately 18,000 square foot Library. Architect should be aware that budget constraints may reduce the size of the Library as the planning process commences. The architect selected for this project will complete a conceptual and final building program. The City is working with a library consultant who will conduct a community engagement program, prepare a library building program, and will continue as a consultant on the project to assist with program validation and assist with furniture and equipment selection. The following list includes a brief description of the tasks for the Architectural Firm to perform including but not limited to: • Complete Architectural design services. • Site planning for the proposed library, including consideration of a potential layout for the City’s Civic Center master plan. • Schematic Design using architectural styles consistent with the City’s Downtown Specific Plan, which can be obtained on the City’s website here: http://moorparkca.gov/documentcenter/view/86 • Determine parking and landscape requirements. • Submittal of the schematic design to the City Planning Department for review • Design Development. • Submittal of the approved Design Development to the City Planning Department development for approval. • Management of all engineering and specialty consultants. • Mechanical Engineering • Electrical Engineering • Audio-visual consultant to design sound, projection, and other media requirements. • Technology consultant responsible for coordination with City’s IT department on all low voltage requirements. • Signage consultant to design turnkey signage package for informational, directional, site, and fire and life safety signage. • Structural Engineering including Seismic Analysis. • Lighting consultant/engineer for both interior and site lighting. • Acoustical consultant to mitigate excessive site noise. • Grading and Drainage Plan including geotechnical data and surface run-off calculations. • Plumbing Engineering and design • LEED Building Design. The City Council has determined that the LEED Certification for the New Library should be Gold Level. 253 LPA, INC. Page 18 of 26 • Saving by Design process, sustainability, team collaboration, and energy efficiency. • Landscape Architectural design services. • Selection of interior and exterior materials, finishes, and fixtures (subject to City approval). • Interior Design Services, layout and furniture recommendations only. To save costs, the City would like to explore purchase of furniture and fixtures through CMAS or other similar contracts. • Cost Estimating is to be included with the Pre-Design, Schematic Design, Design Development, and Construction Document phases. • Design Schedule is to be included with the Pre-Design, Schematic Design, Design Development, and Construction Document phases. More detailed information on each task is provided below. DETAILED TASK BREAKDOWN Describe the time schedule for each proposed task and subtask. Indicate proposed work periods, milestones, and proposed completion dates, as well as anticipated meeting periods. The proposal shall show a lump sum cost estimate for each task identified. Break down tasks by hours and hourly cost. In addition, sub-consultants should be identified in the scope of work. Provide cost estimate for each subtask by classifications, providing hourly billing rates for personnel, with the estimated total based on hourly estimates. The estimate shall include all clerical, administrative, and support functions. The cost estimate shall include provisions for meeting with the agency to report progress of the work. Task 1: Overall project Management – Pre-Design • Study in detail the Downtown Specific Plan. • Review draft building program provided by City’s Library Consultant. • Obtain and review available reports, maps, design survey, and utility information. • Conduct a field reconnaissance to assess existing conditions near the project site. Firm's field review of the project site should focus on factors that could affect the project. • Research the existing underground and overhead utilities in the project site. • Develop a Project Development Team (PDT) and set monthly Project Development Team Meeting schedule. Members of the PDT shall include the Consultant and sub- consultants, City staff, County staff, and Library Consultant. • Prepare Monthly Progress reports and supporting data. The progress report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. • In conjunction with the City’s Library Consultant, finalize Building Program and provide City with confirmed proposed area for proposed library. • Provide a quality control plan in effect during the entire course of the project. • Attend public meeting and prepare exhibits. • Determine codes, standard, and LEED design for the project. 254 LPA, INC. Page 19 of 26 • Determine schedule and submittals. • Start the Southern California Edison "Saving by Design" process and schedule. • Determine the initial architectural styles for study by providing architectural elevation sketches and comments to aid City to determine style for project. • Provide an initial construction estimate based on building program and initial studies. Task 2: Schematic Building Design and Preliminary Site Design • Provide further design to determine the architectural style for the project. Assume City will go forward with a minimum of two styles require elevation and floor plans at the schematic phase. • Determine site plan for a stand-alone library with parking and landscaping. The site plan shall allow for potential future expansion of the library. Additionally, the site plan shall consider the potential future construction of a City Hall building on the site in proximity to the Library. Consideration of the future City Hall building will be limited to a conceptual diagram of the building, circulation elements and parking. • Determine preliminary site drainage and grading. • Generate initial elevations based on the architectural styles provided in the specific plan. • Generate initial floor plans based on the building program and initial cost analysis. • Analyze initial floor plans for LEED, efficiency, and cost. • Analyze initial floor plans for accessibility and any fire and life safety concerns. • Generate key building sections, major elevation elements, materials, and compliance with the specific plan. • Select structural systems, materials, generate preliminary framing plan, and generate foundation plan. • Select mechanical systems, determine preliminary unit and duct size. In addition, generate diagrammatic layout of the system. • Propose basic power plan, and lighting plan. In addition, locate and size electrical and communications rooms. • Generate preliminary plumbing load calculations and identify points of connection. In addition, identify meter size and location. • Propose preliminary landscaping and irrigation plan. • Generate preliminary energy model, review project with LEED commissioning agent. In addition, review targeted credits. • All design work shall be coordinated with the City and all Agencies. • The City has had a geotechnical report prepared to study the potential for liquefaction on the site. The report is included in this RFP as Appendix IV . Architect should plan on preparing any additional geotechnical investigations of the site needed to complete the design of the building. • Determine the FEMA floodway to set the pad elevation above the 100-year flood plain, if required. • Prepare floor plans and elevations for review and approval by City. (including furniture, bookstacks, and equipment) • Complete necessary design and construction approvals for the project to the 255 LPA, INC. Page 20 of 26 City's Planning Development Review Committee. In addition, provide all necessary plan check copies required for development review. • Coordinate with utility companies the size and location of utility service to the proposed library. • Map existing utilities on project base plans based on as built obtained from utility companies. In addition, advise and support the City in utility relocations. Potholing shall be provided by the City. • Prepare preliminary grading and drainage plan, adjust grades as necessary to accommodate uses, circulation and to comply with ADA requirements. • Conduct meetings with development team and utility companies to review project schedules, concepts, plans, and specifications. In addition, prepare meeting minutes. • Provide the City with a copy of all collected survey and utility information, as well as all correspondence. • Prepare preliminary storm water runoff analysis subject to NPDES permit. • Prepare and evaluate LEED project checklist, comply with "Saving by Design process. • Provide and update construction cost estimate based on the City approved schematic design. In addition, the cost estimate shall include total cost, and subtotals for each category of work. • Provide an updated design schedule and construction schedule prior to starting the design development phase. • Conduct meeting with Project Development Team to resolve the architectural style prior to starting the design and development phase. • Submit the Final Schematic Design and site plan to the Planning Department's development review process prior to starting design development. Task 3: Design Development • Ensure the design development addresses the comments from the Planning Department development review. • Architect will assist City with processing plans through the Planning Review process, including presentation and approvals by the Planning Commission and City Council. • Develop plans including dimensions, colors, materials, details, refine elevations, wall sections, and specifications. In addition, select preliminary schedules including doors, windows, hardware, and finishes. • Develop building systems including structural calculations, framing plans, foundation plans, size framing members, and coordination with other systems. • Develop signage package including all informational, directional, site, and fire and life safety signage. • Develop mechanical systems including size ducts, locate runs, and identify equipment manufacture and equipment size. • Develop electrical power and data plan; lighting and fixtures plan; coordinate with utility companies; and develop low voltage plans. • Prepare casework plans for significant architectural elements 256 LPA, INC. Page 21 of 26 • Prepare detailed furniture plans for all public, staff, meeting, and support spaces. Coordinate clearances and access to power and data at individual stations. • Provide photometrics indicating light level on horizontal surfaces for user and staff workstations and vertically at several heights on the face of bookstack units. • Select plumbing fixtures sizes, pipe sizes, and coordinate points of connections. • Identify acoustical areas of concern and propose mitigations. • Develop landscape and irrigation including complete plant selection, hardscape, and components for irrigation system consistent with City Design Guideline and Model Water Efficient Landscape Ordinance. • Develop site parking, drainage, and grading plan. In addition, submit geotechnical report for building and parking to City Engineering Section. • Check status of LEED credits, enroll project with USGBC, set up on-line reporting site, and update energy model and commissioning. • Develop the "Saving by Design" based on the approved City Design development approval. • The design development plans for the library and site shall be submitted to the City Planning Department for development review and approval prior to the construction document phase. • Coordinate input from all sub-consultants and City for quality control check. • Revise design schedule and construction cost estimate based on the Design Development plans. • Provide a digital 3-dimensional model of the library and site plan. • Present the approved Design Development plans to City and Community. • Preparing digital models or other design documentation for transmission to the City’s consultants and contractors, or to other City-authorized recipients. Task 4: Construction Documents and Plan Review • Submit for City plan review plans at 35%, 75%, and 90% completion phases of the design. • Submit at all phase of City plan review draft drawing, and draft specification. • Submit at all phase of City plan review updated design schedule, construction schedule, and estimated construction cost. • Submit to the City Engineering Development Division the precise grading plan and geotechnical report for engineering approval no later than the 90% plan review. • Meet with City staff at all phases of City plan review to review design issues, path of travel, architectural design. • Submit 90% plan review' to City Building Department including all calculations for building department plan check for initial review. Task 5: Construction Documents and Plan Check Submittal • Deliver details, waterproofing, roofing, signage, plan check architectural drawing, and complete construction specifications. • Submit for Building Department Plan Check the complete plan check submittals 257 LPA, INC. Page 22 of 26 for architectural, structural, mechanical, electrical, plumbing, irrigation, landscaping, site civil, acoustical, and LEED. • Submit the precise grading plan to the City Engineer Development Division for engineering approval. • Update the energy model and confirm estimated targeted credits. • Update the construction cost estimate and construction schedule. • Perform quality control check. Task 6: Construction Documents 100% Complete • Finalize drawings and specifications for architectural and building systems. • Make Building and Engineering Division plan corrections. • Make final coordination of the bid documents with City standard and contract. • Perform Final Quality Control Check. • Finalize LEED coordination • Finalize "Savings by Design” • Update the construction cost estimate. • Update the construction schedule. • Obtain the Building Permit • Obtain Grading Plan approval Task 7: Bidding • Attend Pre-Bid conference • Respond to Bidders questions. • Write addendums in response to bidder questions and design changes. Task 8: Construction Contract Administration and Support • Attend Pre-Construction Meeting • Attend regular jobsite meetings and regular site observation visits. Consultants basic service fee assumes 53 site observation visits by Consultant team members • Respond to RFI's and review submittals and shop drawings • Review contractors request for construction change order including cost estimating • Review contractor's application for progress payments • Complete the LEED documentation and submittal • Complete the "Savings by Design" documentation and submittal • Complete punch list • Prepare Record Documents based on General Contractor-completed as-built plans • Perform project closeout Task 9: Post Occupancy Review • Conduct a project walk with City staff and General Contractor after 10 months to review any items subject to warranties. 258 LPA, INC. Page 23 of 26 Task 10: Additional Tasks to Consider In addition to the tasks listed above, the Consultant shall also conduct the following services: • Meet with the City approximately once a month to report on the progress of the work. A brief written summary of these meetings shall be prepared by the Consultant and submitted to the Project Manager. • Provide electronic copy of all documents developed during the contracted period with the City. Drawings are to be submitted to City in AutoCAD 2012 or earlier, and documents shall be prepared utilizing Microsoft programs, i.e., "Word," "Excel," "PowerPoint," and "Project." The City expects the Consultant to prepare a comprehensive proposal with recommendations, actions, and procedures to accomplish the objectives set forth above. The City seeks a Consultant who is committed to providing high-quality work in a reasonable timeframe that meets all applicable state and federal regulations. The City shall provide all relevant data in its possession that pertains to this project in support of the Consultant's professional services. The Consultant shall be entitled to reasonably rely upon the accuracy and completeness of any information supplied to Consultant by the City or the City’s consultants without further obligation or duty to conduct testing or investigations. If Consultants becomes aware of any inaccuracy in such information, Consultant shall promptly advise the City writing of such. The Consultant shall be responsible for evaluation of all information supplied by the City. The City's Project Manager will direct and coordinate this Project. The Consulting Project Manager shall receive, coordinate and transmit reports and documents to and from the Consulting team and act as liaison. Assumptions 1. Consultant’s review of submittals and shop drawing shall be only for the limited purpose of checking for conformance with information given and the design intent expressed in the Construction Documents. Consultant’s action shall be taken with such reasonable promptness as to cause no unreasonable delay in the Work or in the construction of the Contractor or of separate contractors, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. 2. Consultant shall visit the site at intervals as appropriate to the stage of construction to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, Consultant shall keep the City informed of the progress and quality of the Work as required within the Contract Documents. 259 LPA, INC. Page 24 of 26 3. Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions including but not limited to job-site safety and programs in connection with the Work, since these are solely the Contractor’s responsibility under the Contract for Construction. 4. Consultant’s certification for or review of payment shall constitute a representation to the City, based on the Consultant’s observations at the site as provided in this Agreement and on the data comprising the Contractor’s Application for Payment that, to the best of the Consultant’s knowledge, information and belief and based upon what the Consultant has observed, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the City to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum 5. Consultant’s review of Contractor Requests for Information (“RFI”) shall be taken with such reasonable promptness as to cause no unreasonable delay in the Work or in the construction of the Contractor or of separate contractors, while allowing sufficient time in the Consultant’s professional judgment to permit adequate review. Appendix C-1 Additional Services 1. Consultant’s Additional Services Consultant may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Appendix shall entitle Consultant to additional compensation pursuant and an appropriate adjustment in the Consultant’s schedule. 1.2. Upon recognizing the need to perform the following Additional Services, Consultant shall notify the City with reasonable promptness and explain the facts and circumstances giving rise to the need. Consultant shall not proceed to provide the following Additional Services until Consultant receives the City’s written authorization: 1. Services necessitated by a change in previous instructions or approvals given by the City, or a material change in the Project including size, quality, complexity, the City’s schedule or, procurement or delivery method. 2. Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; 3. Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities 260 LPA, INC. Page 25 of 26 having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; 4. Services necessitated by decisions of the City not rendered within two weeks of request or any other failure of performance on the part of the City or the City’s consultants or contractors; 5. Preparation of design and documentation for alternate bid or proposal requests proposed by the City; 6. Fundraising collateral 7. Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Consultant is party thereto; 8. Evaluation of the qualifications of entities providing bids or proposals; 9. Excessive submissions, exceeding two or three re-submittals by the Contractor of unwarranted and/or incomplete contractor shop drawings, submittals or RFI requiring Consultant’s continued review and written communications shall be provided as an Additional Service. Consultant shall obtain prior written approval from the City before performing such Additional Services. 10. Consultation concerning replacement of Work resulting from fire or other cause during construction; or, 1.3 Except for services required under Task 9 of Exhibit D, Construction Administration and Support Services provided more than 60 days after (1) the date of Substantial Completion of the Work shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. 261 LPA, INC. Page 26 of 26 EXHIBIT D COST PROPOSAL (ATTACHED) 262 1 FEE PROPOSAL City of Moorpark | Qualifications and Proposal for New Library PROPOSED FEE STRUCTURE The following is the proposed compensation for the Scope of Services identified. The total dollar amount is an estimated fee based upon a Library not to exceed 18,000 SF. Task Total Fee 1.00 Overall Project Management - PreDesign $67,500.00 2.00 Schematic Building Design and Preliminary Site Design $147,500.00 3.00 Design Development $205,700.00 4.00 Construction Documents and Plan Review $377,200.00 5.00 Construction Documents and Plan Check Submittal $67,500.00 6.00 Construction Documents 100%$54,000.00 7.00 Bidding $40,500.00 8.00 Construction Administration and Support $337,500.00 9.00 Post Occupancy Review $27,000.00 10.00 Additional Tasks to Consider Included Total Basic Fee $1,324,400.00 Reimbursable Expenses $Included Consultant Costs Geotechnical Survey $37,500.00 Topographic Survey $31,250.00 Cost Estimating $70,000.00 Acoustical Engineering Consultant $34,375.00 Audio-Visual Consultant $25,000.00 Total Fee $1,522,525.00 EXHIBIT D - COST PROPOSAL 263 2 FEE PROPOSAL City of Moorpark | Qualifications and Proposal for New Library Basic Hourly Rate Schedule Principal $265.00 Director $240.00 Discipline Director $230.00 Project Director $220.00 Project Leader $185.00 Manager $155.00 Design Coordinator II $160.00 Design Coordinator I $135.00 Designer III $125.00 Designer II $110.00 Designer I $100.00 Senior Specialist $125.00 Specialist III $105.00 Specialist II $95.00 Specialist I $85.00 Intern $75.00 Note: These rates are effective January 1, 2020 and are subject to change annually. Reimbursables Reimbursable expenses are in addition to fee compensation but only to the extent actually used. They typically average about 3.5% of the design fee and include costs for reproduction, plotting, express mailing, mileage and delivery charges. These expenses are invoiced at cost plus 10% as incurred. 264 RESOLUTION NO. 2021-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/22 BUDGET BY APPROPRIATING $375,000 FROM SPECIAL PROJECTS FUND (3004) FOR ARCHITECTURAL SERVICES FOR MOORPARK CITY LIBRARY WHEREAS, on June 16, 2021 the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2021/22; and WHEREAS, a staff report has been presented to the City Council recommending award of an agreement to LPA, Inc. for architectural services for the Moorpark City Library and requesting a budget amendment in the amount of $375,000 from the Special Projects Fund (3004) to fully fund architectural services agreement; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $375,000 from the Special Projects Fund (3004), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of December, 2021. _____________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Budget Amendment ATTACHMENT 2 265 Resolution No. 2021-_____ Page 2 FUND BALANCE ALLOCATION: Fund-Account Number Amount 3004-000-00000-33990 375,000.00$ CITY HALL IMPROVEMENT FUND 3001-000-00000-33990 (375,000.00)$ Total -$ TRANSFER ALLOCATION Account Number Current Budget Revision Amended Budget 3004-000-00000-59010 -$ 375,000.00$ 375,000.00$ 3001-000-00000-49010 -$ (375,000.00)$ (375,000.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total -$ -$ -$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 3001-171-C0056-55300 1,301,383.00$ 375,000.00$ 1,676,383.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total 1,301,383.00$ 375,000.00$ 1,676,383.00$ EXHIBIT A BUDGET AMENDMENT FOR CITY HALL IMPROVEMENT FUND ARCHITECTURAL SERVICES FOR CITY LIBRARY FY 2021/22 Fund Title SPECIAL PROJECTS FUND 266 City of MoorparkQualifications and Proposal for Design Development Services for New Library | Date: September 21, 2021ATTACHMENT 3 267 COVER LETTER City of Moorpark | Qualifications and Proposal for New Library 5301 California Avenue, Suite 100, CA 92617 P. 949.261.1001 | www.LPADesignStudios.com September 21, 2021 CITY OF MOORPARK Attn: Jeremy Laurentowski and Jessica Sandifer 799 Moorpark Avenue Moorpark, CA 93021 RE: REQUEST FOR QUALIFICATIONS AND PROPOSAL FOR DESIGN DEVELOPMENT SERVICES FOR NEW LIBRARY LPA Reference Number 1006734 Dear Mr. Laurentowski, Ms. Sandifer, and Members of the Selection Committee: LPA is honored to submit our qualifications and proposal for Design Development Services for a New Library for the City of Moorpark. We are uniquely prepared for visioning, designing and executing projects that respond to the context of a site and the vision of a community. Our integrated team of designers have an extensive track record designing high-performance, LEED certified, civic, and community- oriented environments that help you achieve your vision and provide the highest level of public service. As a firm, LPA has more than 150 LEED Certified Projects, nearly half of which are LEED Platinum and LEED Gold, and 150 more projects pursuing LEED in the planning, design, and construction phase. Over the last 20 years, LPA has worked with several communities across Southern California, designing new and renovated libraries in historic districts and with historic elements. In this proposal you will see a new library in Long Beach that replicates historic elements of a cherished community icon, a new library set in the context of Old Town Newhall, directly adjacent to an historic structure, and a renovated and expanded library in Old Towne Orange that lives within a nationally registered historic district. LPA approached each of these projects with sensitivity of the local historic character and infused each library with the modern technology, amenities, functionality, and durability. These experiences combined with our history of designing more than 300 libraries for cities, counties, schools, and universities. This provides us with a depth of experience and resources to help you realize your library as a resource for life-long learning that connects to the fabric of your community. This is an important time for the City of Moorpark, as you embark on the first phase of the implementation of your Civic Center Masterplan. The decisions made now will lay the groundwork for the development of a well-planned and safe Civic Center for future generations of Moorpark residents. LPA excels in these situations: bringing clarity, client-centered engagement, technical excellence, and thoughtful design solutions, allowing you to focus on delivering a great community-based resources to your citizens. LPA is passionate about creating high-performance programs and designs that work better, do more with less and improve people’s lives. We accomplish this through an integrated approach that emphasizes teamwork, communication, and a commitment to client service. As one of the only design firms in the country with a dedicated research team, we can draw on cutting-edge data, programming, analysis, and technology to provide the Moorpark with imaginative, cost-effective solutions. The benefits of partnering with us include: • Civic design expertise and leadership. We are strategic thinkers and problem-solvers with extensive experience in the unique opportunities and challenges of planning and designing for civic projects. Our team has successfully completed more than 270 civic projects. • A better process, with better results. As an integrated design firm and consultant team, we offer a multidisciplinary team of architects, planners, programmers, engineers, landscape architects, interior designers and researchers all working together, many of which are in- house from project start to finish. It’s a seamlessly collaborative process that generates better ideas, value, and outcomes for your project. • A closer client relationship. When you choose our team, you get a dedicated and responsive design partner you can count on. We work closely with all stakeholders throughout every stage of your project—listening closely to your needs, sharing ideas, keeping the project on budget and on schedule and shepherding you through any challenges that arise. As a team, we share the values of your mission statement, “Striving to preserve and improve the quality of life in Moorpark.” Our mission is to Change Lives by Design, a purpose and goal we bring to every project. Working with you, we feel that your new city library is an opportunity for us to help make a significant impact to improve the quality of life in your community. We would be honored to be selected to help you realize your vision. On the following pages, we will share our team and experience. You will find details of our specific experience with work on similar projects and similar environments, which has uniquely prepared LPA for this scope of work with the City of Moorpark. Please feel free to reach out to us or anyone on our leadership team. Thank you. Sincerely, Jeremy Hart AIA, LEED AP BD+C Director of Civic + Cultural, Associate JHart@LPADesignStudios.com Jim Wirick AIA, LEED AP Principal-in-Charge, Studio Director JWirick@LPADesignStudios.com 268 1 Firm Profile 01 2 Team Organization 02 3 Key Staff Resumes 03 4 Project Experience 05 5 General Project Narrative 11 6 Statement of Overall Approach 12 7 Project Schedule 13 8 Litigation History & Contract Exceptions 14 Table of Contents 269 Firm Profile1NORTH LONG BEACH LIBRARY, MICHELLE OBAMA BRANCH Long Beach, California 270 271 1 1 / FIRM PROFILE City of Moorpark | Qualifications and Proposal for New Library LPA was founded in 1965. Today, the firm has expanded to over 400 employees with four locations in California and two in Texas. As an integrated design firm, LPA breaks down the barriers between disciplines. We bring together in-house experts in architecture, engineering, interior design, landscape architecture and master planning to collaborate with clients from start to finish. As one of the country’s only design firms with a dedicated research team, we draw on rigorous data and analysis to shape our projects and improve their economic, environmental and social value. The Power of Integrated Design: A Better Process with Better Results LPA believes that collaboration drives creativity and improves problem-solving. That’s the philosophy behind our integrated design process. When you work with us, you benefit from a multidisciplinary team of designers, planners, engineers, researchers and thought leaders all working together for the greater good of the project. From the beginning of the design process through completion and post-occupancy evaluation—everyone is actively involved and in sync. A Research-Driven Approach LPA's approach to every project focuses on collaboration and communication, based on the belief that a better process produces better results. We believe in a research-driven, informed discovery process. By listening to the client and utilizing our own in-house research team, we focus on creating data and research-driven designs and operations plans to create facilities that meet the needs of the community and stand the test of time. Sustainable Solutions that are Better for Business As pioneers in sustainability, LPA has been setting new standards for more than 50 years. Unlike many firms who view green design as a LEED checklist or building add-on, sustainability informs everything we do. We create smarter sustainable designs that improve efficiency and reduce operational and maintenance costs for clients. Our buildings also help to promote health and well- being and enhance the user experience. 1 / Firm Profile Civic Planning & Design LPA has created numerous civic projects— including libraries, community centers, museums, government centers, town centers, parks, recreational facilities, and police stations. Our expertise includes planning, programming, preliminary and final design, engineering, feasibility studies, and specialized facilities and infrastructure services. We have access to resources and experience that allow us to meet deadlines and budgets both creatively and efficiently. And as leaders in sustainable design, we have the ability to lighten your project’s footprint, while creating a more cost-effective and healthier space. LPA has completed over $1.25 billion in civic construction projects for cities, counties and local agencies. Firm Information Q. Name and Address of Firm. LPA, Inc. / California Corporation 5301 California Avenue, Suite 100 Irvine, California 92617 949.261.1001 (P) | 949.260.1190 (F) Single Point of Contact for this RFQ/P: Jeremy Hart AIA, LEED AP BD+C Director of Civic + Cultural, Associate JHart@LPADesignStudios.com | 949.701.4046 LEED Silver Michelle Obama Library | Long Beach, California Firm Fact LPA has designed more than 300 libraries for cities, counties, schools and universities. 272 Team Organization2ORANGE PUBLIC LIBRARY AND HISTORY CENTER Orange, California 273 274 2 2 / TEAM ORGANIZATION City of Moorpark | Qualifications and Proposal for New Library Q. Principal(s) of firm, Project Architect, Project Team members and how long proposed project team has worked together. Project Team Leadership Jim Wirick will guide the process and maintain senior managerial communications with the City, and will serve as the principal for this project. Jeremy Hart, as Project Designer and Director of Civic + Cultural, will be actively involved on a day-to-day basis with the project manager to ensure schedules are being met, budgets tracked and adequate resources have been assigned to maintain LPA’s quality goals. Larry Chiu, Project Manager, will be responsible for providing leadership to our team and will be the primary contact for the City of Moorpark. LPA’s core project leadership has worked together for over 23 years, bringing an extensive track record of experience, knowledge, and resources that provide insightful and contextual design response to fit your community. Workload and Availability LPA’s firmwide staff of nearly 400 integrated design specialists provides a deep bench of professional capacity. Our firm is organized into multiple, flexible teams, each led by a principal and a project manager. LPA developed this organization to offer our clients the concept of “Large Firm Resources – Small Firm Service.” Based on our current workload projections, we have the capacity to fully support service engagement with the City of Moorpark. As requested, we have provided a sample schedule outlining the critical milestones and tasks. Based on LPA's extensive resources and integrated team, we have the capacity to dedicate the resources required to expedite the schedule and accelerate the overall process. Integrated Design Service The foundation of LPA’s reputation as a talented professional design firm is service. Our success is based on our ability to meet the needs of the client in terms of timeline and budget. As an integrated firm, LPA provides in house services for architecture, landscape architecture, engineering, entitlements, and research. 2 / Team Organization City of Moorpark PROJECT LEADERSHIP CONSULTANTS DESIGN TEAM Jim Wirick AIA, LEED AP Principal-in-Charge Jeremy Hart AIA, LEED AP BD+C Project Designer (Single Point of Contact) Chris Lentz CID, LEED AP ID+C Interior Designer Bryan Seamer SE, LEED GA Structural Engineer Erik Ring PE, LEED FELLOW Mechanical Engineer Steve Bakin PE Electrical Engineer Kathereen Shinkai PE, M.ASCE Civil Engineer Rocio Gertler RLA, ASLA, LEED AP Landscape Architect HL Construction Management Cost Estimating Larry Chiu AIA, LEED AP BD+C Project Manager Lou Niles LEED AP BD+C, LEED AP ID+C, WELL AP, FITWEL AMB, ILFI ACCREDITED Sustainability Manager Acentech Acoustic Performance Consultant 275 Key Staff Resumes3OLD TOWN NEWHALL LIBRARY Santa Clarita, California 276 277 3 3 / KEY STAFF RESUMES City of Moorpark | Qualifications and Proposal for New Library 3 / Key Staff Resumes LPA | PRINCIPAL-IN-CHARGE LPA | PROJECT DESIGNER LPA | PROJECT DESIGNER LPA | INTERIOR DESIGNER Jim Wirick AIA, LEED AP Larry Chiu AIA, LEED AP BD+C Jeremy Hart AIA, LEED AP BD+C Chris Lentz CID, LEED AP ID+C With more than 40 years of experience, credibility and expertise in civic projects, Jim uses his programming, planning and leadership skills to advance concepts that support client goals. Jim will oversee and coordinate the overall project management with the City of Moorpark. Practicing architecture for more than 30 years, Larry's experience includes master planning, programming and building design from construction to occupancy. As project manager, Larry will provide leadership oversight and project staffing with the criteria for success in mind. With more than 20 years of experience, Jeremy's expertise has contributed to several award-winning and sustainably design projects. Jeremy's role will be to guide the discovery process, set a clear vision for project, and the project team, blending together all pragmatic and poetic aspects of the project. With more than 30 years at LPA, Chris influences the interior design solutions of many civic and corporate projects. Chris will be responsible for the strategic planning, furniture management specifications, and construction administration. RELEVANT EXPERIENCE RELEVANT EXPERIENCE RELEVANT EXPERIENCE RELEVANT EXPERIENCE City of Long Beach Michelle Obama Library City of Santa Clarita Old Town Newhall Library City of Orange Library and History Center City of Laguna Niguel Branch Library City of Malibu Library and City Hall City of Mission VIejo City Hall and Library Expansion City of Orange Library and History Center City of Malibu Library and City Hall City of Laguna Niguel Branch Library City of Diamond Bar Library and City Hall City of Mission VIejo City Hall and Library Expansion City of Long Beach Michelle Obama Library City of Santa Clarita Old Town Newhall Library City of Orange Library and History Center City of Laguna Niguel Branch Library City of Malibu Library and City Hall City of Mission VIejo City Hall and Library Expansion City of Orange Library and History Center City of Malibu Library and City Hall City of Laguna Niguel Branch Library City of Fullerton Library Renovation City of Diamond Bar Library and City Hall CAREER SUMMARY 1978: Started in industry 1981: Started at LPA CAREER SUMMARY 1983: Started in industry 1997: Started at LPA CAREER SUMMARY 1998: Started in industry 1998: Started at LPA CAREER SUMMARY 1987: Started in industry 1987: Started at LPA EDUCATION Master of Science, Architecture Cal Poly San Luis Obispo EDUCATION Bachelor of Architecture Cal Poly San Luis Obispo EDUCATION Bachelor of Architecture Cal Poly Pomona EDUCATION Bachelor of Fine Arts, Interior Design Brigham Young University 278 4 3 / KEY STAFF RESUMES City of Moorpark | Qualifications and Proposal for New Library INTEGRATED DESIGN TEAM Name/Role/Location Education Relevant Projects Erik Ring PE, LEED FELLOW Mechanical Engineer Irvine, CA Erik provides technical leadership for integrating cost-effective and high- performance mechanical, plumbing and energy systems. Erik’s focus is on integrating sustainable design strategies within projects. He will be responsible for the mechanical and plumbing team. Erik specializes in designing high-performance HVAC systems and energy-efficient buildings. Erik will apply proven technologies and sound engineering to optimize system performance. Master of Science, Architecture, UC Berkeley Bachelor of Engineering, Harvey Mudd • North Long Beach Library, Michelle Obama Branch • Old Town Newhall Library • Diamond Bar Library • Malibu Library and City Hall Renovation Bryan Seamer PE, SE, LEED GA Structural Engineer Irvine, CA Bryan has more than 20 years of experience in the structural engineering of new construction, renovations and seismic rehabilitation of existing buildings. Bryan will be responsible for managing the team ensuring that schedules are maintained and proposed designs are cost-effective and constructible. He is passionate about using both proven and emerging technologies and innovative design strategies to create safer and more resilient buildings. Master of Science, Structural Engineering, CSU Long Beach Bachelor of Science, Civil Engineering, University of Southern California • North Long Beach Library, Michelle Obama Branch • Malibu Library and City Hall Renovation • Palomar College Library • County of Orange Administration Building • San Diego Museum of Contemporary Art Kathereen Shinkai PE, M.ASCE Civil Engineer Irvine, CA As a civil engineer, Kathereen has extensive experience with local agencies, and has strong working relationships developed with agency staff which enables more timely and efficient plan review and permit processing. Kathereen will help the City meet objectives, resolve site challenges, respond to field conditions, and complete the design and construction in a manner that is efficient, ethical and profitable. Bachelor of Science, Civil Engineering, UC Irvine • North Long Beach Library, Michelle Obama Branch • Malibu Library and City Hall Renovation • Old Town Newhall Library • Diamond Bar Library Steve Bakin PE Electrical Engineer Irvine, CA Steve is an expert in electrical system building design. With more than 20 years of experience, he innovates new uses for renewable energy, fuel cells and micro-grids. His knowledge of the various facets of building design ensures the integration of systems in relation to cost, energy, functionality and style. Steve will manage electrical design and project staff, maintaining high design standards, administration, planning and quality reviews. Master of Engineering (Architectural), Penn State University Bachelor of Engineering, University of Leeds • Sage Hill School Library • Santa Clara County Library District Administration Building Annex • County of Orange Administration Building 16 • UCLA Library Renovation* • Occidental College Library Renovation* *Prior work experience Rocio Gertler RLA, ASLA, LEED AP Landscape Architect San Diego, CA A leading advocate for a collaborative, research-based approach to landscape architecture, Rocio is focused on developing spaces that are provocative, functional, responsible and unforgettable. With a background in architecture, she has the rare ability to connect outdoor environments to the built environment. Her career includes work on a wide variety of transformative education, life science, healthcare, commercial and civic projects. Master of Landscape Architecture, Rhode Island School of Design • New Children's Museum and Park • Campbell Police Operations Building • Redding Rancheria Tribal Health & Wellness Village Lou Niles LEED AP BD+C, LEED AP ID+C, WELL AP, FITWEL AMB, ILFI ACCREDITED Sustainability Manager Irvine, CA Lou has extensive experience and specialization with LEED implementation working on over 100 LEED Projects and having certified over 73 LEED projects from Certified to Platinum. Lou is experienced in tracking projects from groundbreaking to completion and has a broad understanding of building codes, industry practices, construction means and methods, OSHA safety regulations and CPM scheduling. Bachelor of Science, Political Science, St. John's University • Palomar College Library • County of Orange Administration Building 16 • American River College, Natomas Center • Los Angeles Valley College, Monarch Center • San Diego State University, Storm Nasatir Hostler Hall 279 Project Experience4DIAMOND BAR LIBRARY Diamond Bar, California 280 281 5 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library PROJECT DATA Client City of Long Beach Size 25,000 square feet Project Budget $12,000,000 Project Dates 01/2013 - 09/2016 Design Team Jim Wirick, Jeremy Hart, Erik Ring, Bryan Seamer, Kathereen Shinkai Reference Seyed Jalali Economic Development Officer seyed.jalali@longbeach.gov, 562.570.6172 The largest library in Long Beach, California, provides essential community resources. The single-story, 25,000-square-foot, state-of- the-art community library features dynamic public spaces and sustainable strategies, with a design that connects the facility with a historic neighborhood. The new library was designed to replace the former North Branch Library, which didn’t have space for community gatherings, children’s services or the new demands of a modern library. The new library was designed through an extensive discussion with the community, to ensure it met their needs and served as an expression of the local culture and history. Located on the site of the historic Atlantic Theater, the library pays homage to the area’s past by featuring the original theater spire on top of the new building. The design is an abstraction of the Art Deco elements of the historic neighborhood, which inspired the planning and site placement of the building to ensure the continuation of the environment. City of Long Beach Michelle Obama Branch Library RECOGNITION LEED NC Silver OCEC Achievement Award IESNAOC Merit Award ENERGY SAVINGS 4 / Project Experience 282 6 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library PROJECT DATA Client City of Santa Clarita Size 26,000 square feet Project Budget $14,032,616 Project Dates 07/2008 - 09/2012 Design Team Jim Wirick, Jeremy Hart, Erik Ring, Kathereen Shinkai Reference Harry Corder, Senior Engineer (Retired) harry_corder@yahoo.com 626.512.5552 Designed to be the focal point and a catalyst for redevelopment, the Old Town Newhall Library anchors Main Street in downtown Newhall. The new library replaces and aging and undersized facility giving the community a new state of the art learning, gathering, and research space. This 26,000-square- foot library features a large community meeting space, a public garden, a vibrant children's area, a local history department, and a heritage reading room. The Library is the first project completed as a part of the new vision for the Newhall area. Historical references and public art root this library firmly into the eclectic history of the community. City of Santa Clarita Old Town Newhall Library RECOGNITION LEED CI Gold ENERGY SAVINGS 283 7 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library PROJECT DATA Client City of Orange Size 45,000 square feet Project Budget $14,400,000 Project Dates 06/2005 - 03/2007 Design Team Jim Wirick, Jeremy Hart, Larry Chiu, Chris Lentz Reference Rick Otto, City Manager cminfo@cityoforange.org 714.744.2222 This project includes the expansion and remodel of an existing main library within the historic heart of Old Towne Orange. The addition provides 28,000 square feet of new space in addition to the 17,000 square feet of existing library space. Careful design consideration was given concerning the historic nature of the site. Located in California's largest Nationally Registered Historic District, the Orange Library and History Center was an expansion of a 1960's 17,000 square foot library. The new and expanded library added an additional 28,000 square feet. After extensive public outreach and engagement, it was determined that the new and expanded library should follow the traditionally influenced design direction. City of Orange Library and History Center 284 8 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library Laguna Niguel Branch Library LAGUNA NIGUEL, CALIFORNIA The Laguna Niguel Branch Library, a part of the County of Orange Public Library System, is a part of a larger mixed use development. The library is the central civic component, surrounded by offices, retail, and residential apartments. The design of the library expands its built footprint, taking advantage of the indoor/outdoor lifestyle of the development, using outdoor reading rooms and meeting spaces. A community meeting room has large operable walls that let the meeting space spread to the outside. The library incorporates a large children's library and staff area on the ground floor and adult services and teen spaces on the second floor. PROJECT DATA Client Burnham-Ward Properties Size 14,500 square feet Project Budget $12,750,000 Project Dates 08/2019 - Present Design Team Jim Wirick, Jeremy Hart, Larry Chiu, Chris Lentz PROJECT DATA Client Wimberley Village Library Size 8,800 square feet Project Budget $6,400,000 Project Dates 03/2021 - Present Design Team Jeremy Hart Wimberley Village Library WIMBERLEY, TEXAS The Wimberley Village Library is a 8,800 square foot expansion of the existing library. The scope of work includes renovating the existing library and creating a large multi- purpose room, maker space, teen space, and a children's library in the expansion. The expansion is carefully nestled among several large oak trees that create a welcoming trees canopy that engrosses the site. Using a local stone, wood siding, and a standing seam roof, the aesthetic approach for the design embodies the local Texas Hill Country architecture. The building is designed to comply with One-Water strategies that capture and re-use all the storm and rain water that flows through the site. Cisterns collect rain water from the roof and rain gardens collect and treat storm water that crosses the site. 285 9 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library Malibu Library MALIBU, CALIFORNIA The Malibu Library needed an update after more than 50 years from when it was first completed. LPA was asked to redesign the outdated space to reflect a modern, high- tech library for the 21st century. The 14,500-square-foot library renovation addresses code and ADA concerns as well as the desire to reduce energy consumption and operation costs. The redesigned library incorporates distinctive areas for children and teens while also including an expanded community meeting room and a new reading garden. Bi-fold doors connect to the 3,500-square-foot reading garden and acts as a dedicated area for reading programs and large receptions. PROJECT DATA Client City of Malibu Size 14,500 square feet Project Budget $2,800,000 Project Dates 08/2010 - 12/2011 Design Team Jim Wirick, Jeremy Hart, Larry Chiu, Chris Lentz, Erik Ring, Kathereen Shinkai ENERGY SAVINGS PROJECT DATA Client City of Diamond Bar Size 38,000 square feet Project Budget $3,395,715 Project Dates 09/2010 - 07/2012 Design Team Jim Wirick, Larry Chiu, Chris Lentz, Erik Ring, Kathereen Shinkai ENERGY SAVINGSDiamond Bar Library DIAMOND BAR, CALIFORNIA The City of Diamond Bar purchased a vacated, yet relatively new two-story, 38,000-square-foot office building near their leased City Hall. The goal was to enhance the building in order to have city administrative offices upstairs with a County of Los Angeles Library downstairs. While the City Hall entry is on the north side of the building, the Library entry is on the south side closer to the majority of the parking area, in the “back of the building.” The program includes reference, community room, children’s library and group study rooms, as well as the required support office, break room, Information Technology space and storage areas. One of the highlights of the experience is an enchanting outdoor reading garden with a pleasant fountain and a trellis overhead. 286 10 4 / PROJECT EXPERIENCE City of Moorpark | Qualifications and Proposal for New Library LPA's Civic + Cultural Current Project List Project Name Construction Cost Completion Date West Hollywood Park Aquatic and Recreation Center $96 Million 10/2021 San Diego Museum of Contemporary Art $40.6 Million 09/2021 County of Orange Administration North $180 Million 11/2022 Santa Clara County Library Administration Building Annex $9.8 Million 07/2022 Campbell Police Operations Building $21 Million 03/2024 Pretend City Children's Museum $36 Million 01/2026 Wimberley Village Library Expansion $6.4 Million 04/2023 Eagle Pass Bridge Administration $2.3 Million 10/2022 Manteca Homeless Navigation Center Feasibility Study N/A N/A Inglewood Emergency Operations Center Renovation $1.9 Million 01/2022 Beaumont Police Department Feasibility Study N/A N/A Laguna Niguel Branch Library $9.75 Million 07/24 San Bernardino County Valley Communications Center $56.5 Million 10/25 Rancho Cucamonga Fire Station No. 178 $12.8 Million 06/22 Pleasant Valley Senior & Recreation Center CAMARILLO, CALIFORNIA The 34,000 SF expansion of the existing 1960’s era community and senior center also includes a seismic analysis of the existing structures, ADA evaluation and a cost benefit analysis weighing expansion of existing structures versus building a new building. The expanded center provides larger and more flexible community meeting rooms, large multi-purpose rooms, and a gymnasium. PROJECT DATA Client Pleasant Valley Recreation & Park District and the City of Camarillo Size 34,000 square feet Project Budget $28,000,000 Project Dates 03/2019 - In Progress Design Team Jim Wirick, Jeremy Hart Reference Mary Otten, General Manager, 805.482.1996, Ext. 114 motten@pvrpd.org Q. Provide a listing of the architectural firm’s current projects. 287 General Project Narrative5CHINO HILLS GOVERNMENT CENTER AND LIBRARY Chino Hills, California 288 289 11 5 / GENERAL PROJECT NARRATIVE City of Moorpark | Qualifications and Proposal for New Library Q. A general narrative, not to exceed one page, describing why the architect is qualified for this assignment. At LPA, we approach each civic design project as a special opportunity to change peoples lives through design. We are an integrated design firm comprised of architects, planners, engineers, landscape architects and interior designers collaborate closely with you to deliver unique solutions that reflect your community, mission and culture. EXPERTISE & EXPERIENCE LPA has created numerous civic projects— including libraries, civic centers, parks, museums, government centers, police stations, recreational facilities, and community centers. Our portfolio of work is made up of over $1.25B in publicly bid and constructed projects. We understand how to work with public agencies like Moorpark, and we understand how to help you navigate the public bid construction market. Our expertise includes planning, programming, preliminary and final design, engineering, feasibility studies, and specialized facilities and infrastructure services. With more than 400 employees, we have access to resources and experience that allow us to meet deadlines and budgets both creatively and efficiently. And as leaders in sustainable design, we have the ability to lighten your project’s footprint, while creating a more cost-effective and healthier space. LPA is also a firm of diverse practices. In addition to designing public libraries, our firm also designs educational libraries for K-12 and University campuses. This provides us with a unique perspective and approach to library design. In the next generation of public libraries, we are translating the concepts found in K-12 and college campuses and reshaping library operations, making them responsive to the different needs of the community. Instead of treating public and education as separate worlds, we are learning from the school library experience and changing how public resources are provided. Our experience developing stimulating cultural, civic, and educational facilities in California and our unique integrated approach — based on collaboration research and extensive public 5 / General Project Narrative engagement — can deliver the LEED Certified library you foresee as the cornerstone to your future Civic Center. Earlier this year, LPA was named the AIA California Firm of the Year, in recognition of our long history of design excellence, the impact on the profession of our collaborative culture and our nation-leading work on sustainability. “They were tackling environmental issues before climate action was even a term,” one juror commented. For the past two years, we’ve been the largest firm in the nation to meet the AIA 2030 Commitment target for reducing energy use in new projects. Every day. Every project. Every budget. Our track record and experience with LEED projects is unparalleled in California. In our portfolio we have completed 9 LEED Platinum projects, 58 LEED Gold projects, 24 LEED Silver projects, and another 72 LEED Certified Projects. We currently have another LEED 150 projects in various stages of design and construction. We are committed to making sustainability and building performance the foundation of every design, regardless of size, scale, or budget. Over the years, we have built a model for a multi-discipline, research-driven firm, with a collaborative culture focused on analysis and problem-solving on energy use, water use, indoor air environments, embodied carbon and improving the experience for the people who use the spaces. Firm Fact We have the ability to learn what's going on in a variety of library types, adapting and implementing ideas that resonate with users and reinforce the learning process. LEED Silver Michelle Obama Library | Long Beach, California 290 Statement of Overall Approach6SCHAEFER BRANCH LIBRARY San Antonio, Texas 291 292 12 6 / STATEMENT OF OVERALL APPROACH City of Moorpark | Qualifications and Proposal for New Library Q. Provide a statement of overall approach and methodologies the architect proposes to undertake in order to meet the needs of the City. OUR CONSENSUS-BUILDING APPROACH LPA recognizes the importance of our role as the consensus builder between the public and local governing bodies. We work closely with you, city staff, stakeholders, and the community to reach solutions that uniquely meet your needs. The goal is to ensure that all civic planning, design, and infrastructure decisions address the needs and desires of both the city and the community Listen Understanding comes from listening. That’s why we take the time to meet with interested individuals and groups in order to learn about important goals, desires and needs. Explore Once we have a deep understanding of what you are looking for, we schedule tours of the current facilities with city staff to see firsthand how they operate and how they could operate more engagingly and efficiently. Envision We offer an envisioning workshop to discuss and establish the global goals of the project. Together, we brainstorm ideas of how the space or building should look, feel, function, and operate. Deliver LPA attends meetings, as required, to present the results of the envisioning workshops. Presentations include a description of the consensus-building process, the specifics of the program and design solutions, an estimate 6 / Statement of Overall Approach of probable construction costs by phase and a proposed schedule for the design and construction process by phase. Execute Our multidisciplinary in-house team of architects, designers, planners, and engineers collaborate from project start to finish. It’s a seamless integrated process that generates more elegant, efficient outcomes. It is in the execution of the project where our multi-disciplinary integrated design approach will really stand out. When approaching a complex site, such as yours where the soils are liquifiable and there is significant grade differential, our team of like-minded designers and engineers will be able to quickly work through design options that respond to all of the specific program, site, and community needs of the project to develop cost effective, sustainable, and responsive solutions. CREATING THE LINK TO THE COMMUNITY The library should reflect the community, including all age groups and the continuity of learning. It’s not a place of objects. It’s a place of knowledge. Every community is different, with its own priorities and goals. One size fits all for libraries does not work. Bringing in designers with diverse expertise in library design expands the possibilities and the opportunities for a library to uplift different aspects of the community. We work to understand what’s important to the community. Our ultimate measure of success is when the completed project is embraced by the stakeholders. 293 Project Schedule7MALIBU LIBRARY Malibu, California 294 295 13 7 / PROJECT SCHEDULE City of Moorpark | Qualifications and Proposal for New Library 7 / Project Schedule ID Task Name Duration Start Finish 1 2 Task 1 - Overall Project Management 348 days?Mon 11/1/21Wed 3/1/23 3 Field Reconnaissance 5 days Mon 11/1/21Fri 11/5/21 4 Research and Review Existing Project and Site Information 10 days Mon 11/1/21Fri 11/12/21 5 Develop a Monthly Project Development Team Schedule 5 days Mon 11/8/21Fri 11/12/21 6 Provide a Quality Control Plan for the Project 5 days Mon 11/8/21Fri 11/12/21 7 Determine Code, Standards, and LEED requirements for the Project 10 days Mon 11/8/21Fri 11/19/21 8 Determine Initial Archtiectual Styles for Study via Elevation Sketches 15 days Mon 11/22/21Fri 12/10/21 9 Provide Initial Construction Cost Estimate based up Program and Studies 10 days Wed 12/8/21Tue 12/21/21 10 Initiate Savings by Design Process 1 day Wed 12/15/21Wed 12/15/21 11 Prepare Montly Progress Reports 1 day Mon 12/6/21Mon 12/6/21 12 Monthly Progress Reports 265 days Mon 12/6/21Fri 12/9/22 28 Prepare for and Attend Two Public Meetings 29 30 Task 2 - Schematic Design and Preliminary Site Design 50 days?Mon 1/3/22 Fri 3/11/22 31 Further Develop Archtiectural Style 10 days Mon 1/3/22 Fri 1/14/22 32 Develop Initial Site Plan, Floor Plan, Parking, Grading, and Drainage Plans 15 days Mon 1/3/22 Fri 1/21/22 33 Generate two initial elevation concepts for review 10 days Mon 1/17/22Fri 1/28/22 34 Refine and Develop Floor Plans based upon Cost, LEED, Effecinecy and Bldg Code10 days Mon 1/17/22Fri 1/28/22 35 FEMA Determination 1 day Fri 1/28/22 Fri 1/28/22 36 Prelimnary concepts for Structural, Mechanical, Electical and Plumbing Systems15 days Mon 1/31/22Fri 2/18/22 37 City Planning Development Review 10 days Mon 2/21/22Fri 3/4/22 38 Prepare supporting documentation for EIR 10 days Mon 2/21/22Fri 3/4/22 39 Update LEED & Savings by Design 2 days Mon 2/21/22Tue 2/22/22 40 Udate Schedule and Construction Cost Estimate 10 days Mon 2/21/22Fri 3/4/22 41 Resolve Architectural Style with Project Development Team 5 days Mon 3/7/22 Fri 3/11/22 42 Submit Final Schematic Design and Site Plan to Planning Department for Review1 day Fri 3/11/22 Fri 3/11/22 43 44 Task 3 Design Development 60 days?Mon 3/21/22Fri 6/10/22 45 Address Planning Department Review Comments 5 days Mon 3/21/22Fri 3/25/22 46 Refine and Develop Plans, Elevations, Sections, and Specifications 35 days Mon 3/21/22Fri 5/6/22 47 Develop Structural Systems 35 days Mon 3/21/22Fri 5/6/22 48 Develop Sign Package 10 days Mon 4/25/22Fri 5/6/22 49 Develop Mechanical Systems 35 days Mon 3/21/22Fri 5/6/22 50 Develop Electrical Plans and Design 35 days Mon 3/21/22Fri 5/6/22 51 Coordinate with the Utility Company 40 days Mon 4/4/22 Fri 5/27/22 52 Prepare Furniture Plans 35 days Mon 3/21/22Fri 5/6/22 53 Develop Plumbing Systems 35 days Mon 3/21/22Fri 5/6/22 54 Develop Landscape and Irrigation Design 35 days Mon 3/21/22Fri 5/6/22 55 Develop Parking, Drainage, and Grading Design 35 days Mon 3/21/22Fri 5/6/22 56 Develop Savings by Design approach 5 days Mon 4/25/22Fri 4/29/22 57 Review LEED Credits and Register Project with USGBC 5 days Mon 5/2/22 Fri 5/6/22 58 Quality Control Review 10 days Mon 5/9/22 Fri 5/20/22 59 Update Design Schedule and Cost Estimate 10 days Mon 5/9/22 Fri 5/20/22 60 Submit for Planning Department Reivew 10 days Mon 5/23/22Fri 6/3/22 61 Present Approved Design Development Package to the City and the Community1 day Wed 6/8/22 Wed 6/8/22 62 63 Task 4 - Construction Documents and Plan Review 80 days?Mon 6/13/22Fri 9/30/22 64 Submit Plans for 35% Review 30 days Mon 6/13/22Fri 7/22/22 65 Submit Plans for 75% Review 40 days Mon 7/25/22Fri 9/16/22 66 Submit Plans for 90% Review 10 days Mon 9/19/22Fri 9/30/22 67 Submit Precise Grading and Geotechnical Report for Engineering Approval 1 day Wed 9/28/22Wed 9/28/22 68 Submit to 90% Drawings & Calculations to Building Department for Plan Review1 day Wed 9/28/22Wed 9/28/22 69 70 Task 5 - Construction Documents & Plan Check Submittal 20 days?Mon 10/3/22Fri 10/28/22 71 Finalize Construction Documentation Detailing 20 days Mon 10/3/22Fri 10/28/22 72 Finalize Energy Modeling & Confirm Targets 10 days Mon 10/3/22Fri 10/14/22 73 Submit for Building Department Plan Check 1 day Thu 10/13/22Thu 10/13/22 74 Submit for Precise Grading Approval 1 day Thu 10/13/22Thu 10/13/22 75 Update Construction Cost Estimate 10 days Mon 10/17/22Fri 10/28/22 76 Quality Control Review 10 days Mon 10/17/22Fri 10/28/22 77 78 Task 6 - Construction Documents 100% Complete 30 days?Mon 10/31/22Fri 12/9/22 79 Finalize Drawings & Specifications 20 days Mon 10/31/22Fri 11/25/22 80 Builidng & Engineering Plan Check Corrections 10 days Mon 11/21/22Fri 12/2/22 81 Quality Control Review 10 days Mon 11/21/22Fri 12/2/22 82 LEED Coordination 10 days Mon 11/28/22Fri 12/9/22 83 Savings by Design Coordination 5 days Mon 11/28/22Fri 12/2/22 84 Update Construction Cost Estimate 10 days Mon 11/28/22Fri 12/9/22 85 Building & Grading Permits & Approval 1 day Fri 12/9/22 Fri 12/9/22 86 87 Task 7 - Bidding 41 days?Mon 1/2/23 Mon 2/27/23 88 Pre-Bid Conference 1 day Mon 1/9/23 Mon 1/9/23 89 Respond to Bidder's RFIs 36 days Mon 1/2/23 Mon 2/20/23 90 Prepare Addendums 36 days Mon 1/2/23 Mon 2/20/23 91 92 Task 8 - Construction Contract Administration & Support 525 days?Mon 4/3/23 Fri 4/4/25 93 Pre-Construction Meeting 1 day Tue 4/4/23 Tue 4/4/23 94 Bi-Weekly Jobsite Meetings 514 days Tue 4/18/23 Fri 4/4/25 148 LEED Documentation 30 days Mon 1/13/25Fri 2/21/25 149 Savings by Design Documentation 10 days Mon 1/27/25Fri 2/7/25 150 Record Drawings 15 days Mon 3/3/25 Fri 3/21/25 151 Project Closeout 15 days Mon 3/3/25 Fri 3/21/25 152 153 Task 9 - Post Occupancy Review 21 days Mon 1/5/26 Mon 2/2/26 154 Post Occupancy Project Walk 10 months after Occupancy 1 day Mon 1/5/26 Mon 1/5/26 12/6 J S N J M M J S N J M M J S N J M M J S N J M M J S N J MHalf 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Half 1, 2026 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 1 Project: Moorpark Library ProjeDate: Thu 9/16/21 296 Litigation History & Contract Exceptions8PALOMAR COLLEGE LIBRARY Palomar, California 297 298 14 8 / LITIGATION HISTORY & CONTRACT EXCEPTIONS City of Moorpark | Qualifications and Proposal for New Library Q. A listing of any pending or previous litigation over the past five years related to your firm's work in the architectural field. In more than 56 years of business, LPA has not been involved in any litigation or arbitration resulting in a judgment or any other evidence of liability that has been the result of alleged negligent design by the firm. We have been informed by our Professional Liability Insurance Agent that LPA is in the lowest five percent of professional architectural and engineering firms with regard to incidence of litigation. LPA takes great pride in this record and feel it reflects our professionalism and ability to resolve inevitable project challenges as they occur, rather than allowing problems to become larger issues. This record of success is due to the professional manner in which we produce bid documents and manage our projects. In addition, the collaborative process that LPA utilizes to program and design a project helps our clients build a facility that is appropriately functional and representative of their needs. Stapleton v. Pacific Construction Group Explanation - LPA was sued in a job site bodily injury accident case by a subcontractor’s employee who sustained severe injuries when he fell from a fixed ladder while installing a new HVAC system on the roof of a 40-year-old building. LPA did not design the building or the ladder. The Owner hired LPA to design a new HVAC system and associated roofing upgrades. LPA’s contract specifically excluded job site safety during construction, which were the contractor’s responsibility. The City Building Inspector had told the Owner and the Contractor that the Ladder was unsafe and not code compliant, but they failed to advise the Plaintiff or LPA. Plaintiff and his wife sued multiple parties for personal injury damages and loss of consortium in excess of $10 Million. LPA denied any responsibility and cross-complained about indemnity and defense against the Owner, the contractor and the subcontractors. LPA was granted a motion for summary judgment requiring the subcontractors to defend LPA. The case was settled in September 2019 for over $6 million paid by the Owner, the contractor and the subcontractors. LPA paid nothing in the settlement and was reimbursed by the subcontractors for attorney’s fees and costs it had incurred in defending the claim. Date of Notice: March 15, 2016 Status: Resolved September 2019 through mediation. Palomar Community College District Explanation -The General Contractor (Gilbane) has been sued by its subs for retention monies owing and for additional costs and expenses incurred by the subcontractors based upon a delay in completing the construction of the Palomar College Learning Resource Center. The contract work involved an approximate 85,000 square foot four-story building and accompanying improvements. Gilbane cross- 8 / Litigation History & Contract Exceptions complained against the District for delay claims and the District cross-complained against LPA for express indemnity and declaratory relief arising from the trade subcontractor claims for schedule and cost impacts. The District has not alleged claims for negligence or for any wrongdoing against LPA in the cross-complaint and has not filed a Certificate of Merit. The District’s complaint against LPA is limited to the contractual indemnity provision of the contract, and LPA entered into a joint defense agreement with the District. Date of Notice: April 2016 Status: In Litigation District Cross-Complaint Filed – August 2019 Tarbut V’Torah Community Day School Explanation - The Private School was sued for damages by the family of a minor who was injured while playing on a prefabricated play structure slide. The plaintiff alleged negligent supervision against the School. The slide structure was audited and certified by a third party playground safety analyst after construction was completed, as a condition for certificate of occupancy, which was subsequently issued by the City. The School cross complained against both the Contractor and LPA for indemnity in the matter. LPA denied any liability in the action and the Private School dismissed LPA with prejudice to ever bring any action against LPA. Date of Notice: February 7, 2020 Status: Resolved November 23, 2020 by mutual agreement. LPA dismissed with prejudice by Client. LPA Exceptions to Proposed Contract In accordance with Item No. 10 of Section V (Proposal Content/Format) of the RFQ, LPA offers the following exceptions to the City’s Sample Agreement attached to the RFQ: Article 3 • Requested change: Delete the first sentence. Add the following after the second sentence, “No warranty or guarantee, either express or implied, is made or intended by this Agreement”. • Reason: The first sentence with the use of the word “best” is not consistent with the standard of care established in the second sentence. Since the Consultant’s proposal is to be part of the Agreement, we are concerned that marketing language in the proposal could be interpreted as elevating the standard of care; the new sentence we seek to add would hopefully nullify such an interpretation. Article 5 • General Comments: 1) It says in the first sentence that the City will pay based on time spent; this suggests that the compensation basis for the Agreement would be an hourly rate. Agreements for services similar to those 299 15 8 / LITIGATION HISTORY & CONTRACT EXCEPTIONS City of Moorpark | Qualifications and Proposal for New Library sought by the City are typically performed on a fixed fee basis. If selected, LPA would request an opportunity to discuss with the City and modify the second sentence of this article, and any other related provisions, as needed and agreed; 2) Depending on how long it takes the City Manager or City Council to approve amendments to the Agreement, the City’s requirements for approvals for amendments could result in delays to the project. If selected, LPA would request an opportunity to discuss this with the City and modify the third paragraph of this article as needed and agreed, and; 3) In the last sentence replace 30 days with 14 days as 14 days should provide sufficient time for the City identify issues giving rise to a dispute. Article 6 • Requested Change: Add the following to the end of the second paragraph of this article, “Further, Consultant upon thirty (30) days written notice shall have the right to suspend its services if undisputed amounts are not paid when due”. • Reason: It is customary for a consultant to be afforded not only the right to terminate its services for nonpayment, but also the right to suspend its services. Article 7 • Requested Change: In the first sentence, insert “material” between “the” and “provisions”. • Reason: Termination is customarily limited to breaches of material terms. Article 8 • Requested Change: Delete article in its entirety. • Reason: Liquidated damages are not customary for contracts for design services and are likely uninsurable under a design professional’s professional liability insurance. Article 9 • Requested Change: In the second paragraph, 1) Condition the City’s ownership rights upon City’s fulfillment of its payment obligations; 2) Add language clarifying that the Consultant’s conveyance of ownership rights does not deprive the Consultant of its rights to use standard details in its documents and know-how on other projects, and; 3) Add language clarifying that the Consultant shall not be liable for the City’s reuse of Consultant’s documents on extensions to the Project or City’s reuse on other projects, and that City to the extent permitted by law shall indemnify, defend and hold Consultant and its consultant harmless from liabilities arising from such reuse. • Reason: Changes sought are customary for those circumstances where the Consultant gives up its ownership rights to instruments of service. Article 13 • Requested Change: Clarify that the Consultant’s obligation to design in compliance with the ADA shall be subject to the standard of care in Article 3 and that Consultant shall not be responsible for the construction contractor’s compliance with OSHA. • Reason: The standard of care should govern all of the Consultant’s services, including its professional discretion as respects interpreting ADA and related laws; while the article does not necessarily say that the Consultant would be responsible for the construction contractor’s compliance with OSHA, we believe the clarification is worth making to avoid any ambiguity. Article 17 • General Comment: The first sentence is acceptable but, if selected, LPA would request an opportunity to discuss the rest of the article, as it appears to be unnecessarily broad, and to make needed changes as agreed. Article 21 • Requested Change: Insert “or its employees” between “Consultant” and “shall”. • Reason: The LPA corporation itself is not licensed to practice architectural or engineering services; it’s individual employees are though. Article 22 • Requested Change: Add a stepped disputes resolution process that features a meet-and-confer and mandatory mediation. • Reason: Such a process is recognized as an effective means to resolve disputes before they go to litigation or arbitration. Exhibit A/Insurance Requirements: • Requested Changes: In Item 1, clarify that an endorsement equal to those specified may suffice; in Item 8, clarify that 10-days’ written notice is acceptable for non-payment of premium, and; in Item 11, delete requirement requiring the Consultant to declare its deductible but add language indicating that Consultant shall be solely responsible for payment of its deductibles. • Reason: The changes requested above are industry standards. Scope of Services LPA has reviewed the scope of services in Section III of the RFQ and finds it generally acceptable. If selected, though, LPA after developing a fuller understanding of the project scope would request an opportunity to clarify the scope of services such that the scope of services incorporates industry standard language that is tailored to the particulars of the project. 300 IRVINE SAN JOSE SAN DIEGO SACRAMENTO DALLAS SAN ANTONIO 949.261.1001 LPADesignStudios.com 301