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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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• 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.
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• 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
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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
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• 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
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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.
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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
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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
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