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HomeMy WebLinkAboutAG RPTS 2006 0118 RDA REGESTABLISHED �.•, * wwaN ,a. , "r # OF Ma Resolution No. 2006 -154 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, JANUARY 18, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Consenting to a Joint Public Hearing with the City Council of the City of Moorpark Regarding the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. Staff Recommendation: Adopt Resolution No. 2006- . (Staff: David Moe) 5. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of December 21, 2005. Staff Recommendation: Approve the minutes. B. Consider Resolution Amending the Fiscal Year 2005/2006 Budget to Appropriate $13,000 for Architectural Services and Soils Report for 81 First Street and Approve Professional Services Agreement for Architectural Design and Consulting Services. Staff Recommendation: 1) Adopt Resolution No. 2006- ; and 2) Approve Professional Services Agreement with Gehricke Architects AIA, LP for architectural services, subject to final language approval of Executive Director and Agency Counsel, and authorize the Executive Director to execute all documents necessary for this transaction. ROLL CALL VOTE REQUIRED (Staff: Nancy Burns) Redevelopment Agency Agenda January 18, 2006 Page 2 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) . B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it Fs — a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at (805) 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, January 18, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 13, 2006, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 13, 2006. Maureen Benson, Deputy City Clerk MOORPARK REDEVELOPMENT AGF "'�'" AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager rrEM 4. A CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of __ /8- a006 DATE: January 6, 2006 (Agency Meeting of January 18, 2006) SUBJECT: Consider Resolution Consenting to a Joint Public Hearing with the City Council of the City of Moorpark Regarding the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project BACKGROUND The Moorpark Redevelopment Agency ( "Agency ") is preparing Amendment No. 2 ( "Amendment ") to the Redevelopment Plan for the Moorpark Redevelopment Project ( "Plan" and "Project" respectively), for the purpose of reinstating the Agency's eminent domain authority for a maximum 12 -year period, as permitted by California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.). In reinstating the Agency's eminent domain authority, the Amendment may include authority to acquire property not limited to specific land uses. DISCUSSION As part of the Amendment adoption process and pursuant to the provisions of the CCRL, the Agency, in cooperation with the City Council, is required to schedule and conduct a Joint Public Hearing on the Amendment and related items, including approval of the Negative Declaration of Environmental Impact prepared for the Amendment, prior to considering and adopting the Amendment. A time and place for the Joint Public Hearing is proposed to be scheduled in accordance with established Agency /City Council monthly meeting times as follows: April 5, 2006 7:00 p.m., or as soon as possible thereafter City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 000001 Moorpark Redevelopment Agency January 18, 2006 Page 2 Also, in addition to ongoing Project Area Committee meetings that are open to the public, as part of its effort to inform the community about the Amendment, staff has tentatively scheduled two community workshops to be held on March 23 and 29, 2006 to give presentations about the Amendment and to answer any questions for all interested parties who choose to attend. By this Resolution the Agency is consenting to the Joint Public Hearing with the City Council and directing staff and its advisors, in cooperation with the City Clerk, to publish a notice of joint public hearing in the City's newspaper of record and to notify by first class mail property and business owners, and residential tenants within the Project Area, and affected taxing entities in accordance with applicable CCRL provisions. RECOMMENDATION: 1) Adopt Resolution No. 2006 - Attachment I Resolution 000002 ATTACHMENT I RESOLUTION NO. 2006- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF MOORPARK REGARDING THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND NEGATIVE DECLARATION WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is preparing the proposed Amendment No. 2 ( "Amendment ") to the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project ( "Project "), in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) and the related Negative Declaration of Environmental Impact ( "Negative Declaration ") therefore; and WHEREAS, the sole purpose for the Amendment is to reinstate the Agency's eminent domain authority for an additional 12 -year period in the Project Area, as permitted by the CCRL, which may, subject to voter approval, include authority to acquire property not limited to specific land uses; and WHEREAS, the CCRL requires a "Joint Public Hearing" of the Agency and the City Council of the City of Moorpark ( "City Council "), publication and transmittal of notice of same and to have any interested persons be heard with respect to the Amendment, the Negative Declaration therefore and related matters. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency consents to convening a Joint Public Hearing with the City Council on April 5, 2006, at 7:00 p.m. or as soon thereafter as possible, in the Moorpark City Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, for the purpose of considering and taking public testimony regarding the Amendment, the Negative Declaration therefore and related matters. Agency staff, in cooperation with the City Clerk, is hereby authorized and directed to provide notice thereof in accordance with law. 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. 000003 PASSED AND ADOPTED on the 18th day of January 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary illll� CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 6 • A. of � /_'a00,6 ACT10N: MINUTES OF THE REDEVELOPMENT AGENCY --Ueo*-pafk, Galifornia December 21, 2005 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on December 21, 2005, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. CALL TO ORDER: Chair Hunter called the meeting to order at 8:22 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Parvin, and Chair Hunter. Absent: Agency Member Millhouse. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Establishing an Interim Rental Fee Schedule for the Theater on High Street. Staff Recommendation: 1) Approve theater rental fee schedule; and 2) Adopt Resolution No. 2005- Mr. Moe gave the staff report and corrected Exhibit A on stamped page 6 of the agenda report indicating "Per Day Director Fee" should be added to the Rent schedule. The following individuals spoke in opposition to the increase in fees: Darby Shields and Phil Regier. In response to Chair Hunter, Ms. Traffenstedt summarized three Written Statement cards opposing the increase in fees. In response to Agency Member Harper, Mr. Moe stated he would research fees charged by other theater operations. MOTION: Agency Member Harper moved and Agency Member Parvin seconded a motion to continue the item to allow staff time to obtain information on fees 000005 Minutes of the Redevelopment Agency Moorpark, California Page 2 December 21, 2005 charged by similar theatrical operations and in the interim to maintain the existing fee schedule. The motion carried by voice vote 4 -0, Agency Member Millhouse absent. 5. CONSENT CALENDAR: MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a motion to approve the Consent Calendar. The motion carried by voice vote 3 -0, Chair Hunter abstaining, Agency Member Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of November 16, 2005. Staff Recommendation: Approve minutes. 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: MOTION: Agency Member Harper moved and Agency Member Parvin seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by voice vote 4 -0, Agency Member Millhouse absent. The time was 8:56 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 11111. FrEM -6. B. CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ACTIOk_ � 10 AA LA MOORPARK REDEVELOPMENT AGE�I,Yg __., __ AGENDA REPORT To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: January 5, 2006 (MRA Meeting of January 18, 2006) Subject: Consider Resolution Amending the Fiscal Year 2005/06 Budget to Appropriate $13,000 for Architectural Services and Soils Report for 81 First Street and Approve Professional Services Agreement for Architectural Design and Consulting Services BACKGROUND On November 16, 2005, the Moorpark Redevelopment Agency adopted Resolution No. 2005 -153, authorizing the acquisition of 81 First Street for affordable housing purposes, for $215,000. DISCUSSION Proposals for architectural services for the development of a single family residence on this site have been obtained. The completed home could be sold to a low or very low income household through the City's First Time Home Buyer Program, with deed restrictions to maintain the affordability of the unit, or could serve as replacement housing for other redevelopment activities. Staff recommends accepting the proposal of Gehricke Architects AIA LP for architectural services on this site, which includes modifying existing house plans for the Agency -owned site, and requires approval of a Professional Services Agreement (attached). The proposed plans are for a two -story house of approximately 1,627 square feet. Staff estimates construction costs, at $170 per square foot, to be approximately $276,590. 00000'7 Honorable Agency Board of Directors 01/11/06 Page 2 of 2 The attached Resolution allocates Housing Setaside funds in the amount of $13,000 for architectural services and a soils report. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2006 - 2. Approve the Professional Services Agreement with Gehricke Architects AIA LP for architectural services, subject to final language approval of Executive Director and Agency Counsel, and authorize the Executive Director to execute all documents necessary to this transaction. Attachments: 1. Resolution No. 2006- 2. Professional Services Agreement for Gehricke Architects AIA LP 000008 ATTACHMENT 1 RESOLUTION NO. 2006 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY APPROPRIATING $13,000 FROM THE MRA LOW /MOD HOUSING FUND (2901) TO THE MRA LOW /MOD HOUSING BUDGET FOR ARCHITECTURAL SERVICES AND SOILS REPORT AT 81 FIRST STREET WHEREAS, on June 15, 2005, the Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2005/2006; and WHEREAS, the Redevelopment Agency of the City of Moorpark has purchased property known as 81 First Street in the City of Moorpark, for affordable housing purposes; and WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Moorpark now wishes to amend the adopted budget in the amount of $13,000, to reflect the cost of architectural services and fees for a soils report needed to develop a new single family residence at 81 First Street; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact on the budget line item. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $13,000 from the MRA Low /Mod Income Housing — Operations Fund, as more particularly described in Exhibit "A ", attached hereto, is hereby approved for architectural services and a soils report for 81 First Street. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. 000009 PASSED AND ADOPTED this 18th day of January, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Attachment "A" — Budget Amendment Detail 000010 EXHIBIT A BUDGET AMENDMENT FOR MRA HOUSING SETASIDE FUND - OPERATIONS 2005 -06 FUND ALLOCATION FROM: Fund Account Number Amount MRA Housing Setaside Fund - Operations 2901 -5500 $13,000.00 2901- 2420 - 0000 -9103 Total $ 13,000.00 $13,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2901- 2420 - 0000 -9103 $ 15,000.00 $ 13,000.00 $ 28,000.00 Total $ 15,000.00 $ 13,000-00J $ 28,000.00 Approved as to Form: 0000:11 ATTACHMENT II AGREEMENT BETWEEN THE MOORPARK REDEVELOPMENT AGENCY AND GEHRICKE ARCHITECTS AIA LP FOR ARCHITECTURAL DESIGN AND CONSULTING SERVICES This Agreement is made and entered into in the City of Moorpark on this day of January, 2006, by and between the Moorpark Redevelopment Agency ( "AGENCY "), a public body, corporate and politic, and Gehricke Architects AIA LP ( "ARCHITECT "). WITNESSETH WHEREAS, AGENCY has received a proposal dated January 5, 2006, from ARCHITECT for architectural services for the design and construction of a single family residence, attached hereto as Exhibit "A "; and WHEREAS, said residence to be constructed is to provide affordable housing for a Low or Very Low Income household, through the City's First Time Home Buyer Program, or as replacement housing for other redevelopment activities; and WHEREAS, ARCHITECT is experienced in providing needed architectural services and has the proper license and background to carry out the duties involved. NOW THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated, the parties hereto agree as follows: I. SCOPE OF WORK AGENCY hereby retains ARCHITECT in a contractual capacity to perform the architectural design services as set forth in Exhibit "A ", attached hereto and hereinafter referred to as the "PROPOSAL ". Where said PROPOSAL is modified by this Agreement, or in the event there is a conflict between the provisions of PROPOSAL and this Agreement, the language contained in this Agreement shall take precedence. 11. COMPENSATION For furnishing services as specified in this Agreement for one single family dwelling, AGENCY shall pay and ARCHITECT shall receive as full compensation a total sum of NINE THOUSAND SEVEN HUNDRED DOLLORS ($9,700) as shown in PROPOSAL. In the event that additional work is required of ARCHITECT, beyond the Scope of Work for this Agreement, ARCHITECT may be authorized to undertake and complete such additional work only if such authorization is provided in writing, identifying the exact nature of the additional work required and a "not -to- exceed" fee to be paid by AGENCY for said additional work. Payment to ARCHITECT shall be made within thirty Professional Services Agreement between Page 1 of 6 Moorpark Redevelopment Agency and Gehricke Architects AIA LP 000012 (30) days after submittal of an original invoice and supplementary documentation, if applicable, unless contested or questioned by AGENCY. If AGENCY identifies a discrepancy between the invoice amount and the services completed, AGENCY shall within fifteen (15) workdays of receipt of the invoice specify in writing the discrepancy. ARCHITECT shall then either 1) provide support materials to satisfy AGENCY - stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. AGENCY shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. III. INCORPORATION BY REFERENCE Exhibit "A ", previously identified, is hereby incorporated into and made a part of the Agreement. IV. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended by ARCHITECT only for breach of contract by AGENCY and upon thirty (30) days written notice. AGENCY may terminate this Agreement with or without cause at any time with no less than ten (10) days written notice of such termination or suspension, in which case ARCHITECT shall be entitled to receive compensation for the reasonable value of the ARCHITECT's services performed through the termination date. Furthermore, if, during the term of this Agreement, AGENCY determines that ARCHITECT is not faithfully abiding by any term or condition contained herein, AGENCY shall provide ARCHITECT with written notice thereof. Said notice must give ARCHITECT a 48 -hour notice of time thereafter in which to perform said work or cure the deficiency. If ARCHITECT has not performed the work or cured the deficiency within the time specified in the notice, or if a similar failure to perform or deficiency is repeated, such shall constitute a breach of this Agreement and AGENCY may terminate this Agreement immediately by written notice to ARCHITECT to said effect. In said event, ARCHITECT shall be entitled to the reasonable value of its services performed up to the day it received AGENCY's Notice of Termination, minus any offset from such payment representing AGENCY's damages from such breach. Failure of ARCHITECT to provide AGENCY exhibits, drawings, documents, charts, graphs, and other material which meets or exceeds reasonable professional standards and in a timely manner shall cause damages which are unascertainable at the inception hereof, entitling AGENCY to offset any payments due on the contract in the form of liquidated damages not exceeding the balance due on the contract, and not as a penalty. AGENCY reserves the right to delay any post- termination payment until completion or confirmed abandonment of the project, as may be determined in AGENCY's sole discretion, so as to permit a full and complete accounting of costs. In no event shall ARCHITECT be entitled to receive in excess of the compensation quote in its proposal /bid. V. ASSIGNMENT /SUCCESSORS None of the parties hereto shall assign any of the benefits or burdens hereunder without the prior written consent of the Professional Services Agreement between Page 2 of 6 Moorpark Redevelopment Agency and Gehricke Architects AIA LP 000013 other parties hereto. Assigns and successors to the parties hereto shall be bound by the provisions hereof. VI. COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. VII. TIME OF PERFORMANCE ARCHITECT shall perform his or her professional services, as identified in this Agreement, in a timely manner consistent with sound professional practices. The Agreement will terminate on February 28, 2006, unless extended by the AGENCY. VIII. ANTI - DISCRIMINATION In the performance of the terms of this Agreement, ARCHITECT agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. IX. ARCHITECTURAL DOCUMENTS At the earlier time of 1) termination of this Agreement or 2) conclusion of all stages of work, all original documents, designs, drawings, reports, calculations, notes, and other related materials, whether prepared by ARCHITECT or his consultant(s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of AGENCY and shall be delivered to AGENCY on demand. ARCHITECT shall furnish AGENCY one (1) set of reproducible plans and copies of documents, reports, and other items identified in Scope of Work, upon request by AGENCY during the evolution of work. X. RETENTION OF RECORDS ARCHITECT agrees to retain all pertinent records relating to the performance of tasks identified in this Agreement for a period of at least three (3) years from the issuance of a Certificate of Occupancy for the dwelling to be constructed. If, at the end of such three (3) year period, there is ongoing litigation or an audit involving ARCHITECT's or AGENCY's records, ARCHITECT shall retain said records until the resolution of such litigation or audit. AGENCY will notify ARCHITECT in writing, within five (5) working days, of the initiation of any litigation against or audit of AGENCY or ARCHITECT for the services described herein. Professional Services Agreement between Page 3 of 6 Moorpark Redevelopment Agency and Gehricke Architects AlA LP 000014 XI. NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid, by registered or certified mail and addressed as follows: AGENCY: Moorpark Redevelopment Agency Attention: Executive Director 799 Moorpark Avenue Moorpark, CA 93021 ARCHITECT: Bob Gehricke Gehricke Architects AIA LP 483 East High Street Moorpark, CA 93021 XII. AUTHORITY TO EXECUTE AGREEMENT AGENCY and ARCHITECT covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. XIII. CONFLICT OF INTEREST Neither ARCHITECT nor any employees, agents or subcontractors of ARCHITECT who will be assigned to this project, to the best of ARCHITECT's knowledge, own any property or interest in properties, business relationships or sources of income which may be affected by the performance of this Agreement. Should either party hereto learn of any such interest, income source or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may terminate the Agreement immediately. XIV. INSURANCE AND INDEMNIFICATION ARCHITECT shall hold harmless, indemnify and defend AGENCY and its officers, employees, servants and agents, and independent contractors who serve in the role of Executive Director or Assistant Executive Director from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of ARCHITECT, in any way connected with the performance of this Agreement, except such damage as is caused by the negligence of or any of its officers, employees, servants or agents. AGENCY does not, and shall not, waive any rights that it may have against ARCHITECT because of the acceptance by AGENCY, or the deposit with AGENCY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. ARCHITECT shall furnish AGENCY with proof of the following minimum insurance coverages prior to the execution hereof: Professional Services Agreement between Page 4 of 6 Moorpark Redevelopment Agency and Gehricke Architects AIA LP 000015 A) General Comprehensive Liability (Must be written on an occurrence basis and include bodily injury and property damage) B) Automobile Liability for owned and nonowned /hired autos (Must be written on an occurrence basis) C) Professional Liability (Written on a claims made basis) D) Workers' Compensation E) Employer's Liability Limits of Coverage $1,000,000 per occurrence and annual aggregate $1,000,000 per occurrence and annual aggregate $1,000,000 Statutory Statutory Coverages A and B above shall also include an Additional Insured endorsement covering AGENCY. If any class of employees engaged by ARCHITECT in work under this Agreement is not protected by the workers' compensation law, ARCHITECT shall provide adequate insurance for the protection of such employees to the satisfaction of AGENCY. XV. GENERAL CONDITIONS The AGENCY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by ARCHITECT performing services under this Agreement. ARCHITECT is and shall at all times remain, as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its officers, employees, consultants, servants or agents shall have control over the conduct of ARCHITECT or of ARCHITECT's officers, employees, or agents, except as herein set forth. ARCHITECT shall not at any time or in any manner represent that he or any employee or agent under his direction is in any manner an employee of AGENCY. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. Professional Services Agreement between Page 5 of 6 Moorpark Redevelopment Agency and Gehricke Architects AIA LP 000016 MOORPARK REDEVELOPMENT AGENCY ARCHITECT Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt Agency Secretary Bob Gehricke, AIA Professional Services Agreement between Page 6 of 6 Moorpark Redevelopment Agency and Gehricke Architects AIA LP 00001'7 01/05/2006 12:27 8055321847 GEHRICKE SKVVIEW PAGE 01 EXHIBIT A January 05,2006 David Moe Redevelopment Manager City of Moorpark 799 Moorpark Ave. Moorpark, Ca. 93021 Re: Architectural Services for Construction Documents One Single Family Residence Moorpark, Ca. Dear Mr. Moe Y�. Thank you for the opportunity to submit this proposal for architectural services regarding your property in Moorpark, California. I trust that you will find this proposal complete and in order. I understand the scope of work for this project (firm your email and meetings with you) will be to provide Construction Document Services for a new single family residence. Your original scope of the project was for a house around 1100 -1300 s.ff with three bedrooms and two baths on a flat site. This proposal reflects the reusing of an existing set of drawings with no design changes ( if changes are requested, the design services will be billed out on an hourly rate)to save on costs. The product we can offer is a single family residence that is two story, three bedroom, two and a half bath, attached two car garage. The habitable area is 1,627 s.f with a garage of 504 s.f for a total square footage of 2,131 s.f. The construction documents will be prepared as a contractors set (this is a set that is drawn to address the required information for a building permit and the necessary detailing to communicate the design to the contractor. An extensive detailed set is not required but can be provided if the owner requests. If so requested, at that time, the fee schedule will be adjusted and submitted for the Owners review and approval). CONSTRUCTION DOCUMENT PHASE 1. The Architect will work with the Owner to review the scope of work. 2. The Architect shall prepare for the approval of the Owner, Construction Documents consisting of Architectural and Structural drawings(consisting of foundation and framing drawings) for the construction of the project. 3. Hack check revisions from the City will be incorporated for the final submittal and approval /permit ready. Gehricke Architects AIA LP 483 E. High Street Moorpark, Ca. 93021 ph:805- 532 -1289, fx: 805 -532 -1847 b cke(a-)zrdndspring r.om web: www.gehj lckearchitert com G + MAC 1 1 1 1 01/05/2006 12:27 8055321847 GEHRICKE SKVVIEW PAGE 02 4. The Architect will coordinate with the Owner's consultants as needed. OWNER'S RESPONSIBILITIES 1. The Owner shall provide full information regarding requirements for the Project, including program information, legal description, which shall set forth the Owner's design objectives, constraints and criteria (space requirements and relationships, special equipment, systems and site requirements). 2. The Owner shall furnish a legal description, lot boundaries, parcel map. 3. The Owner shall furnish all structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 4. The Owner will process the plans through city / county agencies including fire department. This service can be provided if the Owner requests for an additional fee based on an hourly fee schedule. ITEMS NOT INCLUDED 1. Payments — Payment of all fees, permits, bonds, and incidental costs. 2. Reimbursable Expenses — Reimbursable expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees /consultants in the interest of the Project for the expenses listed in the following subparagraphs: a_ Expense for the reproduction, postage and handling of Drawings, Specifications and other documents. b. Expense of the renderings, models, and mock -ups requested by the Owner. 3. Engineering Expenses -civil engineering, soils reports, geo- technical reports, surveying, mechanical/electrical engineering. 4. Bidding procedures 5. Cost Estimating / value engineering 6. As -Built drawings upon completion of residence. 7. Changes to plans due to any flood plan requirements set by FEMA. Gehricke Architects AU LP 2 483 E. High Street Moorpark, Ca. 93021 ph:805.532 -1289, fit: 805 - 532 -1847 baehricke mind.SgA8_coM web: www,oehhckearehitecrs com G +MAC 000019 01/05/2006 12:27 8055321847 GEHRICKE SKYVIEW PAGE 03 S. Submittal reviews and construction supervision 9. interior design / color selection Termination of Aar -a men-t This agreement can be voided at any time by either party upon a two week written notice of the intent to do so. The Architect shall be paid in full for all work accomplished to that date. Instruments of Service The Architectural documents are instruments of service and the property of the Architect. The plans are available to the client for use on this project only and during the existence of this contract. Fized Fee for the above A[dlfttural Services Construction Document Phase Architectural & (structural dwgs) $7,450.00 Structural Calculations and verifying that the existing structural dw V meet current code. $1,800.00 (the city can have the option to include this under their scope) Title 24 Eners'v Calcs. 5300.00 $9,700.00 Thank you for the opportunity to submit this proposal. If this meets with your approval, please sign in the space provided below which will constitute an approval for the Architectural Services. Please provide a retainer check for $1,500.00 and a copy of the signed agreement, we will schedule the start of the project when this information is received. Invoicing will be done on bi- weekly basis, with the payment due within seven days. Respectfully, Bob Gehricke AIA Architect C13627 NCARB Approved Date Gehflcke Architects AU LP 3 483 E. High Street Moorpark, Ca. 93021 ph:805- 532 -1289, iic: 805- 532 -1947 bgehricke ,gindaap om web: www.8chrickearchitegM.c= G +MAC 0000 0