HomeMy WebLinkAboutAGENDA REPORT 2023 0104 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 4, 2023
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO.
2023-4153. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
D. Consider Amendments to Agreements with Architerra, Inc. dba Architerra Design
Group and Phoenix Civil Engineering, Inc. for Additional Design Services for the
Inclusive Playground Project (C0063) and Resolution Amending the Fiscal Year
(FY) 2022/23 Budget to Fund $53,690 for the Additional Services. Staff
Recommendation: 1) Approve Amendment No. 1 with Architerra, Inc. dba
Architerra Design Group for Additional Design Services for the Inclusive
Playground in the amount of $30,175, and authorize the City Manager to sign the
Amendment, subject to final language approval of the City Manager; and 2)
Approve Amendment No. 2 with Phoenix Civil Engineering, Inc. for Additional
Design Services for the Inclusive Playground in the amount of $23,515, and
authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager; and 3) Adopt Resolution No. 2023-4153, amending
the Fiscal Year 2022/23 Budget by allocating $53,690 from the Community Wide
Park Fund (2010) to the Inclusive Playground Project (C0063). (Staff: Jeremy
Laurentowski, Parks and Recreation Director) (ROLL CALL VOTE
REQUIRED)
Item: 10.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 01/04/2023 Regular Meeting
SUBJECT: Consider Amendments to Agreements with Architerra, Inc. dba
Architerra Design Group and Phoenix Civil Engineering, Inc. for
Additional Design Services for the Inclusive Playground Project
(C0063) and Resolution Amending the Fiscal Year (FY) 2022/23 Budget
to Fund $53,690 for the Additional Services
BACKGROUND
In December 2019, the City began the process to plan for the design and construction of
a fully Inclusive Playground at Tierra Rejada Park. Inclusive Playgrounds go beyond
accessibility and include play features and design elements that appeal not only to
individuals with mobility impairments, but also individuals with cognitive, developmental,
sight, and hearing impairments. Inclusive Playgrounds are not only designed to engage
kids and adults with disabilities, but they also encourage able-bodied children and adults
to interact in an inclusive setting. These playgrounds encourage children with disabilities
and able-bodied children to play side-by-side, allowing children with varying abilities or
impairments to engage in play with their peers.
A Landscape Architect and Civil Engineer were hired to prepare construction drawings
for the playground in order for the City to apply for a grant to partially fund the project.
Construction drawings were needed in order to earn project readiness points on the grant
application. In February 2020, the City submitted an application to the Land and Water
Conservation Fund Grant Program for the project. However, due to the COVID-19
pandemic, approval of the grant application took substantially longer than expected. In
September 2021 the City was notified that it had been awarded a grant for the inclusive
playground in the amount of $775,000. The grant contracts were received in March 2022,
and since that time staff has been reviewing the project plans and specifications to ensure
that they are ready to go out to bid.
Item: 10.D.
300
Honorable City Council
01/04/2023 Regular Meeting
Page 2
DISCUSSION
Due to the short turnaround time to prepare the construction drawings for the inclusive
playground and in order to meet the grant deadline, there were a number of items that
were not completed but will be necessary during bidding and construction. Additionally,
the cost of building materials has increased exponentially since staff submitted the grant
application in 2020 and therefore staff has requested several changes to the plans due
to cost-saving measures. In order to get the plans ready for bidding, staff has requested
proposals from Architerra, Inc. (Architerra) and Phoenix Civil Engineering (Phoenix) to
finalize the construction drawings with the City requested modifications and additions.
Architerra will provide revised plans for the following items:
• Construction Drawing Modifications: Staff requested modifications to the
construction drawings due to cost-saving and other measures. Some of these
changes include the reduction of landscaped areas, including a reduction in cobble
swales and boulders, a reduction in colored concrete paving, and simplifying the
design of the two shade structures and flatwork. Additionally, the original design
of the playground included a gateway feature with an access road directly under
the feature. However, the City Council included funding in the FY 2022/23 budget
from the Public Art Fund for an artist to create the gateway and add this feature to
the City’s collection of public art. Because of this, staff is recommending adding
an alternative access drive for maintenance vehicles in order to ensure that the
artwork is protected from vehicular damage. Architerra will be coordinating and
incorporating all of the modifications from the various sub-consultants into the final
plan set that will be used for bidding.
• Lighting and Electrical Plans: Architerra will be contracting with the services of an
electrical engineer to design all of the conduits and connections for the various
lighting components of the playground including walkway lighting, parking lot
lighting, monument sign lighting, trellis lighting and design of infrastructure for
future electric vehicle charging equipment. The construction drawings included
the location of all light fixtures. However, a full set of electrical plans were not
included due to time constraints associated with the grant application.
• Structural Engineer: Several playground features will require structural
engineering details and calculations. These features include the design of a
retaining wall and the two shade structures. Architerra will contract with a
structural engineer to provide these services, which will be incorporated into the
plans.
The cost for Architerra to provide these services is $30,175, which includes a
reimbursable allowance of $1,000.
Phoenix Civil Engineering will be providing services to update the Civil drawings with the
City requested modifications and other changes to the plan set as determined by the
301
Honorable City Council
01/04/2023 Regular Meeting
Page 3
various subconsultants. Phoenix is also hiring a Geotechnical Engineer to provide
analysis of the on-site soil conditions, which will be used by the structural engineer in their
calculations and design. The cost for Phoenix to provide these services is $23,515.
ENVIRONMENTAL DETERMINATION
Not a project.
FISCAL IMPACT
As discussed, the cost for Architerra’s services is $30,175 and the cost for Phoenix’s
services is $23,515 for a total added services cost of $53,690. A budget amendment is
needed from the Community Wide Park Fund (2010) to fund these services. Projected
fund balance in the Community Wide Park Fund for fiscal year end 2022/23 is $1,820,662,
therefore ample funds are available to absorb this additional expense.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 2, Objective 2.12: “Upon receipt of grant
funding, construct an inclusive playground at Tierra Rejada Park.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Approve Amendment No. 1 with Architerra, Inc. dba Architerra Design Group for
Additional Design Services for the Inclusive Playground in the amount of $30,175,
and authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager; and
2. Approve Amendment No. 2 with Phoenix Civil Engineering, Inc. for Additional
Design Services for the Inclusive Playground in the amount of $23,515, and
authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager; and
3. Adopt Resolution No. 2023-____, amending the Fiscal Year 2022/23 Budget by
allocating $53,690 from the Community Wide Park Fund (2010) to the Inclusive
Playground Project (C0063).
Attachment 1: Amendment No 1 – Architerra, Inc.
Attachment 2: Amendment No 2 – Phoenix Civil Engineering, Inc.
Attachment 3: Draft Resolution No. 2023-____
302
AMENDMENT NO. 1
DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND ARCHITERRA, INC. dba ARCHITERRA DESIGN
GROUP FOR INCLUSIVE PLAYGROUND DESIGN SERVICES
AT TIERRA REJADA PARK
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Architerra, Inc., a corporation. Dba Architerra Design
Group (“Contractor”), for landscape architectural services (“Agreement”), is made and
entered into on ______________________________.
RECITALS
WHEREAS, on November 27, 2019, the City and Contractor entered into an
Agreement to have the Contractor provide playground design services; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from seventy three
thousand four hundred ninety dollars ($73,490) by a value of thirty thousand one hundred
seventy-five dollars ($30,175.00) for a total contract value of one hundred three thousand
six hundred sixty-five dollars ($103,665), and document said agreement to amend by
jointly approving Amendment No. 1 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its
entirety as follows:
“City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide inclusive playground design services, as set forth
in Exhibit C and 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. Consultant shall complete the tasks according to the schedule of performance
which is also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C and D. Compensation shall not exceed the rates or total
contract value of one hundred three thousand six hundred sixty-five dollars
($103,665.00) as stated in Exhibit C and D, 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
303
Amendment No.1 to Agreement between City of Moorpark and Architerra, Inc. Page 2
II. Section 5, PAYMENT, is hereby amended by replacing the second paragraph in
its entirety as follows:
“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 D, based upon actual time spent on the above tasks. This amount shall not
exceed one hundred three thousand six hundred sixty-five dollars ($103,665.00)
for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the Agreement
shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK ARCHITERRA, INC. dba ARCHITERRA
DESIGN GROUP
_______________________________ _______________________________
Troy Brown
City Manager
Richard Krumwiede
President
Attest:
_______________________________
Ky Spangler
City Clerk
304
EXHIBIT D
December 9, 2022
Mr. Jeremy Laurentowski
Parks and Recreation Director
799 Moorpark A venue
Moorpark, CA 93021
ARCHITERRA
DESIGN GROUP
lANDSCAPE M Ct'll[CIV!f ~NO Pl/INNING
RE: LANDSCAPE ARCHITECTURAL SERVICES PROPOSAL, TIERRA REJADA UNIVERSALLY
ACCESSIBLE PLAYGROUND & PARK REDESIGN IMPROVEMENTS RESTART -MOORPARK, CA.
ADG Job Number: 1950
Dear Mr. Jeremy Laurentowski:
We are pleased to submit this proposal for Landscape Architectural Services in
connection with the project referenced above. This agreement is by and between
Architerra Design Group, Inc. (ADG) and The City of Moorpark (Client).
PROJECT OVERVIEW
ADG shall provide professional services for the project referenced above. The extent of
which may be generally described as the restart and completion of construction
documents for the existing playground area at Tierra Rejada Park to be converted into a
Universally Accessible Playground. The Project originally was designed, and construction
documents were completed to approximately 85% completion in early 2020 until being
put on a prolonged hold. The City of Moorpark has now asked the project construction
documents to be restarted and completed by early 2023 with the inclusion of value
engineering modifications as shown in the City provided redlines .
SCOPE OF SERVICES
ADG agrees to perform professional services for the Client as set forth below for the Basic
Fee as indicated:
A. Architerra Design Group Landscape Construction Documents:
1. Base updates reflecting the C ity's com m ents and direction.
2. Tit le Sheet and Index Updates .
ARCHITERRADESIGNGROUP.COWI
1022 1-A TRADEMARK STREET RANCHO CUCAMONGA CA 9 1730 I PHONE (909)484 2800 fAX (9();1)484 -2802
CA 11283.d, AZ #29 11 5 , NV #.d.d6 , O P.#8.d l , NM , #538
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3. Omission of our Demolition Plan, to use only the Civil Engineer's Demolition
Plan to omit redundancy.
4. Coordination with Client's Civil Engineer.
5. Coordination with our subconsultant Electric Engineer for parking lot lighting,
monument lighting, and added walkway post lights at the Tot-Lot.
6. Coordination with our subconsultant Structural Engineer.
7. Fine Grading Plan updates detailing drain locations, drainpipes, high points,
finish grades and finish surface elevations for all hardscape, walls and
planter areas and coordination with the City's selected Civil Engineer
(Phoenix Engineering).
8. Update and complete the Construction Plan@ 20 scale, 2 sheets.
9. Update and complete the Tot-Lot Enlargement Plan@ 10-scale, 1 sheet, for
equipment layout and play surface design detailing. ADG will work with
City's selected playground manufacturer to coordinate any remaining
details.
10. JCA to coordinate with ADG on site demolition plan as related to the
existing site lighting to be removed. JCA will design the power distribution
from existing site service to new light fixtures in electrical controls and
specifications. Scope includes structural pole calculations for (3) two
footing designs.
11. Construction and Grading Detail updates based on the City's comments
and direction.
12. Update and completion of the Irrigation Plan@ 20 scale, 2 sheets. Reduce
the irrigation to match the reduced planting areas.
13. Update the Irrigation Details.
14. Update the Water Efficiency Landscape Worksheet to the final design
layout.
15. Update 2 Irrigation Controller Charts to the final reduced landscape area.
16. Update and completion of the Planting Plan @ 20 scale, 2 sheets. Reduce
the planting area per City Direction.
17. Update the Planting Details.
18. Update the Planting/Irrigation Hydro-zone Plan to reduce impacted
landscape area.
19. Update the Construction Specifications. (Sheet Specifications).
20. Updated the Irrigation & Planting Specifications. (Sheet Specifications).
21. Preparation of final Cost Estimate.
22. City Progress Meeting. ( 1) Online Virtual Conference Meeting.
23. Meeting with Consultants, as required. Online Virtual Conference Meetings
Only. Not to exceed 2-hours total.
ARCHITERRADESIGNGROUP.COM
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CA #2834, AZ. 1129115, MV #446, OP.#841. MM, #538
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24. Agency Plan Check Corrections.
25. Project Administration.
26. Telephone Consultation.
Excluded-
a. Civil Engineering.
b. Complete redesign of the playground.
c. Addition of any sheets beyond what was already started before project
hold.
d. Playground Equipment design (by Rec West).
e. Artistic Gateway Design, Construction Detailing, and Structural
Engineering.
f. Fees, submittals, processing, or approval of electrical drawings with local
Building or Planning Department.
B. James Corns and Associates Electrical Engineering Documents:
1 . Design of power distribution from existing site service to each new light fixture
including electrical controls and all fixture specifications.
2. Provide site visit to investigate and document existing conditions.
3. Design of security walkway lighting to meet all building codes presently
adopted by the authority having jurisdiction.
4. Design of parking lot lighting to meet all building codes presently adopted
by the authority having jurisdiction.
5. Design of covered entry trellis lighting.
6. Design of monument sign up lighting.
7. Design of LED replacement light fixtures for interior and exterior of existing
restroom building.
8. Provide site illumination point-by-point drawing for walkways and parking lot
lighting, as required.
9. Provide exterior site Title 24 calculations for walkways and parking lot lighting,
as required.
10. Provide structural pole base calculations for parking lot and walkway light
pole (three calculations total).
11 . Provide revisions necessary as a part of Building Department review; submit
construction documents for bid issue and construction.
Excluded-
a. Design of remedial electrical work where existing conditions are in
violation of California Electric Code.
ARCHITERRADE SIGN GROUP. COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHa-iE (909)484-2800 fAX (909)484-2802
CA #283.d, AZ #29115, NV #.d.d6, OP.#8.dl, 1-JM, #538
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b. Design of new street lighting or street lighting structural pole base
calculations.
c. Investigation and documentation of "as built" electrical if existing
drawings are unavailable. Field investigation by consultant is limited to
visual observation of panels and overcurrent devices without exposing
live parts. Owner shall furnish licensed electrician if necessary to
determine panel capacity.
d. Design of new main electrical service if existing service is not adequate
for new loads.
e. Design of any components of data, integrated communications, access
control, site sound system, site annunciation system, site video
surveillance, electronic door locking, wireless Wi-Fi, or site solar system.
f. Fees, submittals, processing, or approval of electrical drawings with local
Building Department.
g. Advertisement or hardcopy sets for bidding purposes. Owner shall
provide all advertising, bid sets, and book specification, including fees,
for bid.
h. Providing boiler plate specifications or conducting bid process. Owner
shall be responsible for all bid items.
i. Fabrication of electronic site plan, Client shall provide scaled electronic
site plan.
j. Design of low voltage conduit raceways to walkway or parking lot poles
for future cameras.
k. Design of 120v power to any walkway or parking lot light pole for future
cameras.
I. Design circuit breakers and raceways for future electric car chargers.
m. Design circuit breakers and raceways for future solar system.
n. Providing calculation to determine the load of the existing site metered
service. Owner shall provide copy of the utility bills for the last 12 months.
C. RGSE Structural Engineering Documents:
1. Structural Engineering and Calculations for (2) overheads of the same
design.
2. Structural Engineering and Calculations for ( 1) retaining wall at varying
heights (maximum 5'-0" height).
3. We assume the soil is adequate for supporting the proposed structure
using building code presumptive allowable soil stresses, and there are
negligible amounts of sulfates, or other reactive chemicals unless noted
otherwise on a soils report stamped and signed by a licensed geologist
and submitted to us prior to start of foundation design.
ARC HITE RRADE SIGNGROUP. COM
10221-A TRADEi'MRK STREET RANCHO CUCM\ONGA CA 91730 I PHCNE (909)484-2800 FAX (90Q)484·2802
CA #283.4, AZ #29115, NV #.4.46, OP.#8.41, NM, #538
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4. Our analysis will be based on CBC 2022 part 2, volume 2, and referenced
standards.
5. The CLIENT will process submittals for permit.
6. The CLIENT will provide RGSE Inc with architectural plans in CAD, DXF, or
REVIT format for use as our backgrounds.
7. The CLIENT will provide RGSE Inc with a geotechnical report with required
information for foundation design, stamped and The foundation design
will consist of a conventional shallow footing system.
8. The foundation design will consist of a conventional shallow footing
system.
9. We do not check the internal structure of the elements being anchored,
such as mechanical units, and prefabricated architectural elements. We
assume that the elements are internally structurally adequate for credible
loads.
10. Design/build and deferred submittals shall include:
a. Metal studs: interior, exterior, bearing, and non-bearing.
b. Curtain wall, window wall, louver, and glazing systems.
c. Steel stairs, handrails, guardrails, and landings.
d. Fire sprinkler support.
e. Ladders, gates, gate footing, and metal grating.
f. Elevator guardrails, support brackets, machine beams, and hoist
beams.
g. Anchorage of equipment and components for mechanical, electrical,
plumbing, etc. less than 4001bs.
h. Signage.
i. Storage racks, cabinets, counters, and shelves
j. Veneer anchorage systems.
k. Glass guardrail and bracket internal assemblies.
I. Post tension cable tendons, elongations, and other anchorages.
m. Post tensioned slab on grade and foundations.
n. Prefabricated trusses, commercial joists, shear walls, panels, and
frames.
o. Prefabricated mounted screens, awnings, and eyebrows
p. Precast concrete treads
11 . Article 2, Basic Services
a. Design coordination with the other design professionals to ensure design
intent is feasible.
ARCHITERRADE SIGN GROUP. COM
10221-A TRADEfv\ARK STREET RANCHO CUCAMONGA CA 91730 I PHONE (909)484-2800 FAX (9091484·2802
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b. Structural design and analysis in a Calculations package.
c. Structural Drawings for permit and construction.
d. Signing and sealing of the structural Drawings and Calculations.
e. Correspondence with Building Department Officials during the Plan
check process.
f. Correspondence with contractors in the form of RF ls for clarifications and
omissions.
g. Review and mark up the shop drawings and submittals as required by the
Building department, and/or specifications.
h. Outline specification of structural materials in short form on our drawings.
Excluded-
a. Architectural design and architectural code requirements including, but
not limited to: Egress, Water and weather protection, Fire and smoke
protection, Aesthetics, Window and ventilation requirements, Americans
with disability act requirements ADA, Special space requirements and
clearances, Planning department, and/or association requirements,
acquisition of reports, and/or drawings from other professionals, and
Project management.
b. Soil engineering, civil engineering, and site survey.
c. Detection or remediation of hazardous materials.
d. Mechanical, Electrical and Plumbing engineering.
e. Cost estimate and project schedule.
f. Means and methods of construction.
g. Worker's safety and procedures.
h. Design and details of site work like fence walls, retaining walls, walkways,
and ornamental structures, except for those items specifically listed in
scope.
i. Re-design due to new soil parameters or contractor errors.
j. Re-design due to changes in the architectural dimensions, elevations, or
rooflines.
k. Long form specifications booklet.
I. 'As-built' or 'Record' drawings, unless noted otherwise.
m. Field verification of existing site conditions, unless noted otherwise.
n. Field verification of existing construction, unless noted otherwise.
o. Hydrology calculations.
ARCHITERRADESIGNGROUP.COM
10221·A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHCNE (909)484·2800 FAX (909)484·2802
CA #2834, AZ. w'.29115, NV #446, OP.#841 NM #538
310
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p. Construction engineering, shoring of temporary conditions, and
temporary earth retaining walls, except for those items specifically listed
in scope.
q. Core drilling, concrete scanning, and material testing
r. Anchorage and stability of those elements and equipment less than 400
lbs. and has a center of mass less than 48" tall except for those items
specifically listed in scope.
s. Additional meetings, structural observations as not specified within Article
2. Note that even if structural observations during construction are not
required by the Building Code or Official, they are highly recommended
for review of the construction for general conformance with the
approved construction documents.
t. Plan check and other jurisdictional fees.
u. REVIT or BIM models, unless noted otherwise.
D. Bidding Phase:
l . Bidding assistance will be provided to the client on an hourly as requested
or negotiated lump sum fee basis.
E. Construction Observation Phase:
l . Construction Observation will be provided to the client on an hourly as
requested or negotiated lump sum fee basis.
If the Scope of the Project as outlined above is changed materially, the Basic Fee shall
be changed in the same proportion.
FEES AND TERMS
Services described above shall be provided for in accordance with the terms and
conditions in Appendix A attached hereto and which is incorporated and made a part
of this Agreement by reference. We estimate the following fee breakdown by Phase:
A. Landscape Construction Documents:
B. Electrical Engineering Documents:
C. Structural Engineering Documents:
D. Bidding Assistance:
E. Construction Administration:
Professional Fee Total:
$14,325.00
$8,050.00
$6,800.00
Hourly as Requested
Hourly as Requested
$29,175.00
Estimated Reimbursable Expenses* $1,000.00
*We estimate that the cost of Reimbursable Expenses, as identified in Appendix A will be
approximately the amount noted above. Reimbursable Expenses incurred are based on
the demands/needs of the Client.
ARCHITERRADESIGNGROUP.COM
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CA #2834, AZ 1129115, NV #446, OP.#841, NM, #538
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GENERAL WORK PROGRAM AND TIMETABLE
Architerra Design Group proposes the following timetable for completion of this Project
after receipt of all necessary information from Client or Client's Consultants as listed under
"Owners/ Architects Responsibility". Timelines do not include Client and Agency review
times after submittals.
TASK
A.
B.
C.
PHASE
Landscape Construction Documents
Electrical Engineering Documents
Structural Engineering Documents
WEEKS
4
4
4
ADG shall render its services as expeditiously as is consistent with professional skill and
care. ADG shall not be responsible for delays that may occur due to causes beyond
ADG's reasonable control.
DESIGN APPROVAL
Mr. Jeremy Laurentowski is designated as the person responsible for design direction to
ADG for this Project and has the authority for design approval. In the event that the
design, as approved by Mr. Laurentowski is rejected by others, and redesign is required,
such redesign shall be compensated as Additional Services.
MEETINGS AND SITE VISITS
This Agreement includes Professional Service time for up to one meeting for coordination
with Client, agencies, or consultants. Additional meetings shall be billed as Additional
Services. Travel expenses shall be billed as Reimbursable Expenses.
OWNER'S/ ARCHITECT'S RESPONSIBILITY
Client shall provide the following information, documents, or services as required for
performance of the work. ADG is entitled to rely upon the accuracy and completeness
of such information, documents, and services, and shall not be liable for errors or
omissions therein. Should ADG be required to provide services in obtaining or
coordinating compilation of any such information, drawings, or services shall be charged
as Additional Services.
1 . Civil Engineering Services.
2. Structural Soils testing and/or engineering beyond our scoped items listed above.
3. Playground Equipment Design.
4. Existing site engineering and utility base information.
5. Proposed budgets for playground improvements.
6. Agency processing of completed plans.
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We would be pleased to answer any questions you may have to clarify the various points
above. If the proposal meets with your approval, please sign below where indicated
and return one copy for our files. I look forward to working with you on this project.
Sincerely Yours,
wiede
President
CARLA #2834
Accepted: City of Moorpark
By: __________ _
Title: ___________ _
Date:. ___________ _
ARCHITERRADE SIGNGROUP.COM
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APPENDIX A
Attached to and part of Agreement for Professional SeNices between Architerra Design
Group, Inc. (ADG), and City of Moorpark dated December 8, 2022 .
FEES FOR PROFESSIONAL SERVICES
SeNices outlined under the Scope of SeNices shall be provided for the fixed sum
stipulated in the Agreement for Landscape Architectural SeNices.
PROJECT RESTART FEE
Because of substantial cost incurred by ADG to stop and restart a project once
underway, should this project's progress be halted at any time for 30 or more days by the
Client, for any reason, a project restart fee of 10% of the total fee earned to date,
whichever is greater, will be due and payable immediately.
REIMBURSABLE EXPENSES
The following costs shall be reimbursed at cost plus 15% and are not included in the Basic
Fee for SeNices:
• Expense of reproductions for generation of original drawings, plan check
submittals and construction bidding, including printing, plotting, Xerox copying,
photo reproductions.
• All automobile mileage shall be paid at the standard rate for business
automobile use as set forth by the Internal Revenue SeNice.
• Cost of postage and shipping expenses other than first class mail.
• Photographic seNices, film, and processing.
• Cost of models, special rendered exhibits, promotional photography, special
process printing, special equipment, special printed reports or publications maps
and documents approved in advance by Client.
• Agency Processing and fees paid for securing approval of agencies having
jurisdiction over the Project. (Plan check fees, variance applications, etc.).
• Fees for additional special consultants retained with the approval of Client.
ADDITIONAL SERVICES
ADG may incur expenses and costs, which are not included in the Basic Fee for SeNices.
If authorized by the Client and confirmed by ADG, ADG will perform said Additional
SeNices on a time and material basis, according to the following schedule:
Principal
Director of Design
Project Manager
Landscape Designer
CAD Draftsman
Clerical
$200.00/Hour
$ 175.00/Hour
$135.00/Hour
$125.00/Hour
$100.00/Hour
$65.00/Hour
ARCHITERRADESIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHo-ie (909)484-2800 F~ (909)484-2802
CA#2834,AZ. #29115, NV #446, OP.#841, NM, #538
314
Additional Services Include but are not limited to:
City of Moorpark
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1 . Making planning surveys, feasibility studies, and special analyses of Client's
needs to clarify requirements for project programming.
2. Master planning.
3. Site Planning.
4. Revisions and changes in approved drawings and the preparation
alternatives or deductive change orders requested by Client.
5. Services with respect to replacement of any work damaged during
construction.
6. Services required as a result of the default or insolvency of the contractor.
7. Preparation of record drawings or of measured drawings of existing
conditions.
8. Providing prolonged construction observation should the construction time
be substantially extended through no fault of ADG.
9. Opinions of probable construction costs.
10. Agency processing of completed plans if requested by Client.
If the duration of the Project continues past one year from the date of signing this
Agreement, ADG shall have the right to increase the hourly rate for Additional Services.
OVERTIME REQUESTS
It is ADG's responsibility to schedule the Project's completion under normal conditions
without the use of the staff on an overtime basis. If the Client adjusts the deadline or
requests that the work be completed earlier than originally scheduled, requiring
overtime, the fees shall be adjusted to cover the increased costs incurred by ADG. The
hourly rates for overtime will be one and one-half ( 1-1 /2) times the hourly rates listed
above.
BILLING PROCEDURES
A. All billing shall be done on a monthly basis. Invoices shall include charges for Basic
Services rendered to date of invoice and Reimbursable Expenses supported by an
itemized description.
B. Retainer: ADG shall be compensated an amount equal to 10% of the total fee at
the time of acceptance of the proposal.
C. Invoices for Additional Services shall be submitted on a monthly basis, supported
by an itemized description.
D. All invoices are due and payable upon receipt. Whenever the account is
delinquent (30 days past due), ADG may suspend without any resulting liability,
any further services called for this Agreement until said account is made current.
ARCHITERRADESIGNGROUP.COM
10221-A TRADE/'MRK STREET RANCHO CUCAMONGA CA 91730 I PHCNE (9091484-2800 w. (90Ql484-2802
CA 12834, AZ #29115, NV #446, OP.#841, NM, #538
315
City of Moorpark
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Page 12 of 15
Not withstanding this provision, ADG may continue work beyond the time which
ADG could have suspended the work without waiving it's right hereunder.
E. If the Client fails to pay an invoice within seven days of the date payment is due,
ADG shall be entitled, upon three days' notice, to suspend further services until all
accounts due have been paid.
LATE PAYMENT PENALTY
Client agrees to pay a monthly late payment penalty of one and one-half percent ( 1-
1 /2%) per month, which will be applied to any unpaid balance commencing thirty 30-
days from invoice date.
OPINIONS OF PROBABLE CONSTRUCTION COSTS
ADG has no control over the cost of labor, materials, or equipment, or over the
Contractor's method of determining prices, or over competitive bidding or market
conditions. Any Construction Cost estimates provided for herein are to be made on the
basis of ADG's experience and qualifications. These opinions represent ADG's best
judgment due to our familiarity with the construction industry. However, ADG cannot
and does not guarantee that proposals, bids, or the construction cost will not vary from
estimates prepared by ADG. If the Client wishes greater assurance as to the construction
cost, the Client shall employ an independent cost estimator.
OWNERSHIP AND COPYRIGHT OF DOCUMENTS
All drawings and documents produced under terms of this agreement are the property
of Architerra Design Group, and cannot be used for any reason other than to bid and
construct the above-named project. The Client shall be granted a revocable license to
use the drawings and documents for the purpose of constructing, maintaining, and
operating the project, and shall not use such documents for any other purpose without
ADG's consent. The Client shall indemnify and defend ADG from any claim, loss or
damage arising out of the Client's failure to abide by the terms hereof.
INDEMNIFICATION
Architerra Design Group agrees, to the fullest extent permitted by law, to indemnify and
hold the Client harmless from any damage, liability, or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by Architerra design Group's
negligent acts, errors, or omissions in the performance of professional services under this
Agreement and those of his or her sub-consultants or anyone for whom Architerra Design
Group is legally liable. This indemnification expressly excludes the duty of Architerra
Design Group to defend the Client. However, the absence of the duty to defend shall
not preclude the Client from seeking its reasonable attorneys' fees as part of its damages
where and to the extent such fees are caused by Architerra Design Group's negligence.
The Client agrees, to the fullest extent permitted by Law, to indemnify and hold Architerra
Design Group harmless from any damage, liability or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts,
errors or omissions and those of his or her contractors, sub-consultants or consultants or
ARCHITERRADESIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHCNE (909)484·2800 FAX (9091484-2802
CA #2834, AZ. #29115, NV #446, OP.#841, NM, #538
316
City of Moorpark
Tierra Rejada Universally Accessible Park Restart
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anyone for whom the Client is legally liable, and arising from the project that is the subject
of this agreement.
Architerra Design Group is not obligated to indemnify the Client in any manner
whatsoever for the Client's own negligence.
CERTIFICATIONS
The Client shall indemnify ADG from claims arising out of any certifications, which are
required to be signed on behalf of the Client during the course of the project.
DISPUTE RESOLUTION
Client and ADG agree to mediate claims or disputes arising out of or relating to this
Agreement before initiating litigation. The mediation shall be conducted by a mediation
service acceptable to the parties. A party shall make a demand for mediation within a
reasonable time after a claim or dispute arises, and the parties agree to mediate in good
faith. In no event, shall any demand for mediation be made after such claim or dispute
would be barred by applicable law. Mediation fees shall be shared equally.
PROJECT PROMOTION
ADG has the right to photograph the above-named project and to use the photos in the
promotion of the professional practice through advertising, public relations, brochures,
or other marketing materials. Should additional photos be needed in the future, the
Client agrees to provide reasonable access to the facility. The Client also agrees to city
the name of Architerra Design Group as the designer in all publicity, presentations, and
public relations activities, which mention the name of or depict the facility.
HAZARDOUS WASTE
Client shall indemnify and hold harmless ADG and its consultants, agents, and employees
from and against all claims, damages, losses, and expenses, direct and indirect, or
consequential damages, including but not limited to fees and charges of attorneys and
court and arbitration costs, arising out of, or resulting from the performance of the work
by ADG, or claims against ADG arising from the work of others, related to hazardous
waste.
The above indemnification provision extends to claims against ADG which arise out of,
are related to, or are based upon, the dispersal, discharge, escape, release or saturation
of smoke, vapors, soot, fumes, acids, alkalis, toxic-chemicals, liquids, gasses or any other
material, irritant contaminant or pollutant in or into the atmosphere, or on, onto, upon, in
or into the surface or subsurface soil, water or watercourses, objects, or any tangible or
intangible matter, whether sudden or not.
LIMITATION OF LIABILITY
The Client understands and acknowledges that the design and construction process for
this project poses certain risks to both ADG and the Client . The Client further understands
and acknowledges that the amount of risk that ADG can accept is tied, in part, to the
amount of compensation received for services rendered. ADG's fee for the services
offered is based on the Client's agreement to limit the ADG's liability as described below.
ARCHITERRADE SIGNGROUP.COM
10221-A TRADEfv\ARK STREET RANCHO CUCAMONGA CA 91730 I PHCNE (909)484-2800 fAX (9();))484-2802
CA #2834, Al. #2QI 15 , NV U46, OP.#841, f~M . #538
317
City of Moorpark
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The Client further acknowledges that were it not for this promise to limit ADG's liability,
ADG's compensation would need to increase to address the risks posed by the project.
The Client, therefore acknowledging its right to discuss this provision with legal counsel
experienced in the design and construction process, as well as other design professionals,
voluntarily agrees that, to the fullest extent permitted by law, ADG's total liability to the
Client for any and all injuries, claims, liabilities, losses, costs, expenses or damages
whatsoever arising out of or in any way related to the project or this Agreement for any
cause or causes including, but not limited to, ADG's negligence, errors, omissions or
breach of contract, shall not exceed the total amount of compensation received under
this Agreement. This limitation of liability shall apply to the Client's claims for damages as
well as the Client's Claims for contribution and indemnity with respect to third party
claims.
MEANS AND METHODS
ADG shall not have control over or charge of and shall not be responsible for construction
means, methods, techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Work, since these are solely the Contractor's
responsibility under the Contract for Construction. ADG shall not be responsible for the
Contractor's schedules for failure to carry out the Work in accordance with the Contract
Documents. ADG shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons
performing portions of the Work.
LAW
This Agreement shall be interpreted and enforced according to the laws of the State of
California.
TERMINATION
It is understood that these services may be terminated upon 10 days' written notice for
cause by either party. In this event, ADG shall be compensated for all work-performed
prior to date of termination at the rates set forth above.
REVOCATION
This proposal shall be considered revoked if acceptance is not received within 60 days
of the date hereof.
STATE REGULATIONS
Landscape architects are licensed by the State of California.
MISCELLANEOUS PROVISIONS
This agreement is the entire and integrated agreement between Client and ADG and
supersedes all prior negotiations, statements, or agreements, either written or oral. The
parties may amend this Agreement only by a written instrument signed by both Client
and ADG.
ARCHITERRADESIGNGROUP.COM
10221-A TRADEf'MRK STREET RANCHO CUCAMONGA CA 91730 I PHCNE (909)484-2800 FAX (909)484-2802
CA #2834, AZ #29115, NV #446, OP.#841, NM #538
318
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In the event that any term or provision of this Agreement is found to be unenforceable or
invalid for any reason, the remainder of this Agreement shall continue in full force and
effect, and the parties agree that any unenforceable or invalid term or provision shall be
amended to the minimum extent required to make such term or provision enforceable
and valid.
Neither Client nor ADG shall assign this agreement without the written consent of the
other.
Nothing in this Agreement shall create a contractual relationship for the benefit of any
third party.
END
ARC HITE RRADE SIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHONE (9091484·2800 FAX (9091484-2802
CA #2834, AZ. #29115, r-JV #446, OP.#841, r-JM, 11538
319
AMENDMENT NO. 2
DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND PHOENIX CIVIL ENGINEERING, INC.
FOR CIVIL ENGINEERING SERVICES FOR INCLUSIVE PLAYGROUND AT
TIERRA REJADA PARK
This Amendment No. 2 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Phoenix Civil Engineering, Inc., a corporation
(“Contractor”), for civil engineering services (“Agreement”), is made and entered into on
______________________________.
RECITALS
WHEREAS, on December 19, 2019, the City and Contractor entered into an
Agreement to have the Contractor provide civil engineering services; and
WHEREAS, on March 4, 2020, the City and Contractor amended the Agreement
to increase the compensation for services to fifty-four thousand three hundred seventy
dollars ($54,370.00); and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from fifty-four
thousand three hundred seventy dollars ($54,370.00) by a value of twenty-three five
hundred fifteen dollars ($23,515.00) for a total contract value of seventy-seven thousand
eight hundred eighty-five dollars ($77,885.00), and document said agreement to amend
by jointly approving Amendment No. 2 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its
entirety as follows:
“City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide trail design services, as set forth in Exhibit C, D,
and E. In the event there is a conflict between the provisions of Exhibit C, D and
E, and this Agreement, the language contained in this Agreement shall take
precedence.
Consultant shall perform the tasks described and set forth in Exhibit C, D,
and E. Consultant shall complete the tasks according to the schedule of
performance which is also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C, D, and E. Compensation shall not exceed the rates or
total contract value of seventy-seven thousand eight hundred and eighty-five
dollars ($77,885.00) as stated in Exhibit C, D, and E, without a written Amendment
to the Agreement executed by both parties. Payment by City to Consultant shall
be in accordance with the provisions of this Agreement.”
ATTACHMENT 2
320
Amendment No. 2 to Agreement between City of Moorpark and Phoenix Civil Engineering, Inc. Page 2
II. Section 5, PAYMENT, is amended by replacing the second paragraph in its
entirety as follows:
“The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
Exhibits C, D, and E based upon actual time spent on the above tasks. This
amount shall not exceed seventy-seven thousand eight hundred eighty-five
dollars ($77,885.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 2, all of the provisions of the Agreement
shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK PHOENIX CIVIL ENGINEERING, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Jonathan Turner
Principal Engineer
Attest:
_______________________________
Ky Spangler
City Clerk
321
Ms. Jessica Sandifer December 20, 2022
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
City of Moorpark – Tierra Rejada Park Inclusive Improvements Grading Design Project– Proposal
for Additional Geotechnical Services
Dear Jessica-
I am pleased to provide you with this proposal for additional engineering services associated with the
Tierra Rejada Park Inclusive Improvements Grading Design. Phoenix Civil Engineering, Inc. (Phoenix)
previously submitted design plans for this project for additional compliant parking spaces, grading
assistance to the project landscape architect for the inclusive play structures and an accessible path to the
point within the park where the main activity area is located. The City has requested that Phoenix Civil
aid in providing geotechnical services for the project that will be used to design the structural support for
the improvements. Cotton, Shires and Associates, Inc. (CSA) will act as a Geotechnical subconsultant to
Phoenix. CSA will provide a geotechnical study for the parking lot as well as recommendations to be
used for the structural engineering calculations/design needed for the proposed landscape architectural
design (play equipment, structural arches, etc.). The structural engineer is under contract with the
landscape architect. CSA will characterize the site geologic materials and provide geotechnical
recommendations and design criteria for the proposed improvements. In addition to the geotechnical and
structural design effort, Phoenix will make design changes to the road layout and update plan information.
These changes will be based on the structural and landscape architect updates. Based on our
conversations, I have prepared my proposal to include the following:
Agreement Total $54,370
Task 106: Geotechnical Services $23,515
Revised Agreement Total $77,885
I appreciate the opportunity to submit this proposal to assist you with this project. Our proposal covers
design services only and does not include permit or design assistance during construction services. We
can provide these services if requested. It is assumed that this additional fee request will be added to our
existing contract with the City.
Please let me know if you have any questions or would like to discuss my proposal.
Sincerely,
______________________________
Jon Turner, PE
Principal Engineer
EXHIBIT E
l
Phoenix Civil Engineering, Inc.
535 East Main Street Santa Paula, California 93060 805.658 .6800
info@phoenixcivil.com www.phoenixcivil .com
322
ATTACHMENT 3
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2022/23 BUDGET TO APPROPRIATE $53,690 FROM
COMMUNITY WIDE PARK FUND (2010) TO FUND
ADDITIONAL DESIGN SERVICES FOR INCLUSIVE
PLAYGROUND (C0063)
WHEREAS, on June 15, 2022, the City Council adopted the Operating and Capital
Improvement Budget for Fiscal Year (FY) 2022/23; and
WHEREAS, a staff report has been presented to City Council requesting a budget
amendment in the amount of $53,690 from the Community Wide Park Fund (2010) to
fund additional architectural and civil engineering services for the Inclusive Playground
project (C0063) at Tierra Rejada Park; and
WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant
impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An aggregate budget amendment of $53,690 from Community Wide
Park Fund (2010) to fund additional architectural and civil engineering services for
Inclusive Playground Project at Tierra Rejada Park, as more particularly described in
Exhibit A, attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of January, 2023.
__________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Attachment: Exhibit A – Budget Amendment
323
Resolution No. 2023-_____
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
COMMUNITY WIDE PARK FUND (2010)
ADDITIONAL DESIGN AND ENGINEERING SERVICES
FOR INCLUSIVE PLAYGROUND (C0063)
FISCAL YEAR 2022/23
FUND BALANCE ALLOCATION:
Fund Title Fund Account Number Amount
COMMUNITY WIDE PARK FUND 2010-000-00000-33990 53,690.00$
Total 53,690.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2010-541-C0063-55300 10,280.00$ 53,690.00$ 63,970.00$
-$
-$
-$
-$
324