HomeMy WebLinkAboutAGENDA REPORT 2017 0215 CCSA REG ITEM 09C ITEM 9.C.
CITY OF MOORPARK,CAUIFORIlIIA
City Council Meeting
MOORPARK CITY COUNCIL of
AGENDA REPORT ACTION;4
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TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: December 15, 2016 (Council Meeting of 2/15/17)
SUBJECT: Consider Agreement with Architerra, Inc. to Prepare Plans and
Specifications for a Future Ball Wall and Convert a Tennis Court to
Four Pickleball Courts; and Resolution Amending the FY 2016/17
Budget to Fund these Projects
BACKGROUND AND DISCUSSION
Ball Wall:
In 2006, the City Council's adopted Mission Statement, Priorities, Goals and Objectives
(Objectives) included the construction of a ball wall at Campus Canyon Park. In 2007,
the Parks and Recreation Commission (Commission) toured Campus Canyon Park to
determine if this location was suitable for this type of amenity. The purpose of the wall
was for children to play a variety of informal games by throwing or hitting a ball against
a wall, similar to the handball courts available on school grounds. Staff did not feel that
the court should be sized to regulation standards, as handball courts are relatively large.
The regulation size of a single handball court is approximately 20' width x 34' length.
The design of the court recommended by staff was 16' width x 25' length. Staff
recommended installing two courts, one on both sides of the wall, for an overall size of
16' width x 50' length. During the park tour, it was determined by the Commission that
Campus Canyon Park was not suitable for this amenity and expressed an interest in
identifying an alternative location.
In 2008, the Commission toured Peach Hill Park, Mountain Meadows Park, Miller Park,
Tierra Rejada Park and Country Trail Park in an effort to identify an alternative location
for the ball wall. The Commission considered the available space of the park, conflicts
with adjacent uses, visibility, compatibility with surrounding park facilities and easy
walking access to the park. Ultimately, the Commission recommended Mountain
Meadows Park as the preferred location for the amenity. The Commission felt that
Mountain Meadows had sufficient room, was close to a restroom, did not conflict with
other park uses, was visible from the street and was within easy walking distance from
adjacent neighborhoods and the adjacent school site.
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In 2009, City staff contracted with a civil engineer to prepare plans and specifications for
the ball wall and obtained bids for this work. The apparent low bid for the project was
approximately $49,000. This included the cost of a concrete pad and masonry wall.
The budget for the project was $25,000. It was discovered that Mountain Meadows
Park has a high level of sulfate in the soil composition. Sulfate exhibits corrosive
properties when in contact with concrete and ultimately resulted in a higher compressive
strength of concrete that would be required to build the wall. Due to the high
compressive strength of the concrete, a specialty inspector would need to be present
during certain stages of construction. The total cost for the project was estimated at
$56,000, which included the design of the wall, geotechnical engineer and specialty
inspector. Due to the high cost of this project, the City Council rejected all the bids and
directed staff to rebid the project.
Since 2009, the ball wall has been included on the annual Objectives adopted by the
City Council. The FY 2015/16 and FY 2016/17 Objective that was approved by the City
Council on May 20, 2015, identifies the following objective:
IVB.6. Construct a wood ball wall at a selected City Park.
However, for various reasons, staff has not had an opportunity to rebid the project or
explore other cost saving opportunities.
As mentioned previously, in 2009, the design of the ball wall included a masonry
structure. Staff believes that there may be substantial cost savings if the ball wall was
designed similar to the ball walls that are installed at the various school sites in
Moorpark. Typically these ball walls are wood framed structures with plywood paneling.
The major structural support typically consists of a galvanized post on each side of the
wall with a deepened concrete footing. This type of wall will require some maintenance
over time, as the wall will be subject to weathering and decay. However, staff believes
that the maintenance and repair costs are relatively inexpensive and can be completed
by in-house maintenance staff. For instance if a plywood panel needed replacing due to
damage, it could simply be removed, replaced and repainted by staff. Another option
may be the use of marine grade plywood. This product typically lasts longer than
standard plywood when exposed to the weather due to the tight construction of the
wood material, which minimizes voids where water can penetrate, and the use of
exterior rated glue.
Staff has discussed these issues with a landscape architect that has prepared similar
ball wall designs for various school districts and has come up with another alternative
that may increase the longevity of the wall, while still keeping the cost of the structure
relatively low. Their suggestion was to build the wall with steel framing and the use of
high density polyethylene panels (HDPE). HDPE panels are used frequently in the
construction of playground equipment. The panels primarily consist of recycled plastic
formed into sheets. The material is more costly than plywood, but will last in excess of
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20 years. The panels come in a variety of colors and don't require painting or general
maintenance. Graffiti is also relatively easy to remove with standard graffiti remover.
On September 19, 2016, staff requested that the Parks and Recreation Commission
(Commission) make a recommendation to the City Council regarding a future ball wall at
either Mountain Meadows Park, as originally approved by the Commission in 2008, or
Campus Canyon Park, which was rejected by the Commission in 2007. In addition,
staff recommended enlisting the services of Architerra, Inc. (Architerra) to prepare two
options for the construction of the ball wall. One option will include standard wood
framing and the use of marine grade plywood, and the other would include steel framing
and the use of HDPE panels, or a combination of these two options. Architerra's
proposal includes the two options, as well as structural details and calculations by a
sub-consultant. The total cost for this work is $9,600, which includes a 20%
contingency.
As discussed previously, Mountain Meadows Park exhibited high levels of sulfate in the
soil composition. It was estimated by staff that the presence of this material increased
construction costs of the concrete slab by approximately 5% to 15%. This was due to
fact that the site needed to be over-excavated and installed with additional base
material. The slab thickness was also increased from 4", which is typical for this type of
construction, to 6". Staff will re-visit these issues with the structural engineer during the
development of the design drawings for this project. Staff anticipates that it will cost
approximately $25,000 to build the wall and construct the concrete pad for the handball
court.
The Commission made a recommendation to the City Council to install a ball wall at
Mountain Meadows Park. The recommended locations were directly adjacent to the
basketball court or closer to the playgrounds. However, due to constructability
concerns, primarily related to the slope of the existing grades, staff recommends a
location directly east of the restroom building (see Attachment 2). The Commission
concurred with staffs recommendation regarding the services provided by Architerra
and the overall project budget.
Pickleball:
Recently, there has been in increase in interest for a pickleball court by quite a few
Moorpark residents. Pickleball is a relatively new trend in recreation and is gaining
momentum. The USA Pickleball Association has thousands of members and countless
tournaments are scheduled across the country every year. Locally, Simi Valley,
Thousand Oaks and Santa Barbara have dedicated pickleball courts. However, most
other cities offer pickleball classes or programs and utilize existing tennis courts with
temporary fencing. For instance Agoura, Calabasas and Ventura all offer pickleball
several days during the week.
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Pickleball is a racquet sport that combines elements of badminton, tennis, and table
tennis. Two, three, or four players use solid paddles made of wood or composite
material to hit a perforated polymer ball, similar to a wiffle ball, over a net (Wikipedia,
2016). The size of a pickleball court is similar in length to the width of a traditional
tennis court. Many cities and park districts that have installed pickleball courts, have
installed them on tennis courts, and have maintained both sports by installing portable
nets. The normal size of a pickleball court is 20'x44'.
On September 19, 2016, staff requested that the Commission make a recommendation
to the City Council regarding pickleball courts at one or several City parks. Staff
recommended permanent courts, as the City does not have the means or staffing to
remove the nets when not in use, and converting one of the existing tennis courts and
installing four pickleball courts in its place. The parks that were considered by the
Commission were Arroyo Vista Community Park (AVCP), Tierra Rejada Park, Miller
Park and Mammoth Highlands Park.
According to the Parks and Recreation Master Plan that was approved by the City
Council on June 3, 2009, five tennis courts are recommended for Moorpark. This was
based on current trends in recreation at the time the report was prepared and a
population of approximately 35,000 residents. The City currently has fourteen tennis
courts, which is a surplus of approximately nine courts. However, it should be noted
that eight of the available tennis courts are located at AVCP and are shared with the
Moorpark Unified School District (District) during certain hours. The District has priority
use from 8:00 a.m. through 2:30 p.m. M-F during the school year, and has priority use
of four courts from 8:00 a.m. through 12:00 p.m. M-F during the summer months. There
are also provisions that allow the District priority use of the courts for CIF practices,
matches and certain tournaments. In return, the District covers 50% of the maintenance
costs of the courts.
Staff recommended, and the Commission concurred, that the single tennis court at
Tierra Rejada Park would be the best option to convert into four pickleball courts (See
Attachment 3). This court is already isolated from the adjacent tennis courts by fencing.
The other available tennis courts are located at Mammoth Park, Miller Park and as
mentioned previously, AVCP. Since we have an agreement in place with the District
regarding use of the courts at AVCP, this location is not a viable option. Mammoth Park
only has one tennis court and Miller Park has two courts. Converting the court at
Mammoth Park would eliminate all options for tennis north of Los Angeles Avenue and
converting one of the courts at Miller Park may require additional fencing in order to
separate the two uses. It would also limit the availability of tennis courts on the
south/east side of Moorpark. Tierra Rejada Park is in close proximity to AVCP, so
eliminating one of the courts would have the least impact of all the options.
Staff also recommended adding a low fence between the two remaining tennis courts at
Tierra Rejada Park. This is consistent with the court design at AVCP, as it provides for
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a separation of the two courts and will assist in containing wayward balls. Staff
obtained a budget from a contractor that specializes in this type of work and determined
that the total cost of converting one tennis court into four pickleball courts, including the
additional fencing, is approximately $37,500.
FISCAL IMPACT
In summary, the cost to enlist the services of Architerra to prepare the plans and
specifications for a future ball wall is approximately $9,600, which includes a 20%
contingency of $1,600. Staff anticipates that it will cost approximately $25,000 to build
the wall and construct the concrete pad for the handball court, for a total project cost of
approximately $34,600. Architerra currently has an agreement with the City to prepare
the plans and specifications for the landscape renovation work on Tierra Rejada Road
at a total contract value of $121,368. The combined contract value of both projects
exceeds the City Manager's signing authority. Staff will return to the City Council to
obtain funding for the construction of the ball wall once bids have been received.
The cost to convert the single tennis court at Tierra Rejada Park to four pickleball courts
is approximately $34,000. The additional fencing between the two existing courts is.
approximately $3,500, bringing the project total to approximately $37,500.
Funding for these two projects has not been included in the FY 2016/17 operating
budget. A budget amendment from the Community Wide Fund (2010) is required to
complete this work.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve agreement with Architerra in the amount of $9,600 for the design of a
ball wall and authorize the City Manager to sign the agreement, subject to final
language approval of the City Manager; and
2. Adopt Resolution No. 2017- , amending the FY 2016/17 budget for the ball
wall design plans and funding for pickle ball courts as described in the staff
report.
Attachments:
1. Resolution No. 2017-
2. Ball Wall location at Mountain Meadows Park
3. Pickleball Location at Tierra Rejada Park
4. Agreement with Architerra, Inc.
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Attachment 2
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Attachment 4
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND ARCHITERRA, INC.
FOR BALL WALL DESIGN SERVICES
THIS AGREEMENT, made and effective as of this day of
, 2017, between the City of Moorpark, a municipal corporation
("City") and Architerra, Inc., a corporation ("Consultant"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for ball wall 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 8,
2016,which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the ,mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work,identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide ball wall design services, as set forth in Exhibit C. In the
event there is a conflict between the provisions of Exhibit C and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
eight thousand dollars ($8,000.00) as stated in Exhibit C, plus a twenty percent (20%)
contingency of one thousand six hundred dollars ($1,600.00), for a total contract value
of nine thousand six hundred dollars ($9,600.00), 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.
10
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by,
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Richard Krumwiede, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed eight thousand
dollars ($8,000.00), plus a twenty percent (20%) contingency of one thousand six
hundred dollars ($1,600.00), for a total contract value of nine thousand six hundred
dollars ($9,600.00), for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
Architerra, Inc. Page 2 of 15 11
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of fifty
($50.00) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Consultant under the terms
Architerra, Inc. Page 3 of 15 12
of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels' fees and costs, court costs, interest, defense costs, and expert witness fees),
Architerra, Inc. Page 4 of 15 13
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
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.
Architerra, Inc. Page 5 of 15 14
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
Architerra, Inc. Page 6 of 15 15
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Richard Krumwiede
Architerra, Inc.
10221-A Trademark Street
Rancho Cucamonga, California 91730
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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.
Architerra, Inc. Page 7 of 15 16
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. 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.
26. 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.
17
Architerra, Inc. Page 8 of 15
27. 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.
28. 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.
29. 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.
30. 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.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK ARCH ITERRA, INC.
Steven Kueny, City Manager Richard Krumwiede, President
Attest:
Maureen Benson, City Clerk
Architerra, Inc. Page 9 of 15 18
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
• Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
Architerra, Inc. Page 10 of 15 19
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
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 with an
edition prior to 1992. 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 Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
Architerra, Inc. Page 11 of 15 2 0
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the• requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Architerra, Inc. Page 12 of 15 21
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Architerra, Inc. Page 13 of 15 2 2
Agreement. Any such provisions are to be deleted with reference to the City. It is
•
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Architerra, Inc. Page 14 of 15 2 3
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? 0 Yes 0 No
I have read the foregoing Code section and will comply with Government Code §7550.
ARCHITERRA, INC
Richard Krumwiede, President Date
Architerra, Inc. Page 15 of 15 2 4
.1/47/14 Exhibit C
�-->>�� 111.
SA. '2.1illutft
ARCH ITERRA
DESIG\ GROUP
.t ID"LAf
September 8, 2016
Mr. Jeremy Laurentowski
Landscape/Parks Maintenance Superintendent
City of Moorpark
Parks and Recreation Department
799 Moorpark Avenue
Moorpark, CA, 93021
RE: LANDSCAPE ARCHITECTURAL SERVICES PROPOSAL, PLAYGROUND BALL WALL,
CONSTRUCTION DOCUMENTS, MOORPARK, CA.
Dear Mr. 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 on the project referenced above. The extent of
our services may be generally described as the preparation of landscape architectural
construction documents for the construction of a generic park Ball Wall for use in playing
One-wall Handball. The wall will be 16 feet high and 20 feet wide and may be installed
at various park sites. The type of construction will be determined based on keeping
construction costs minimal. Structural engineering requirements have been included in this
proposal and will be provided by sub-consultant J.R. Miller & Associates.
Bidding assistance and construction observation services will be hourly as requested and
are currently not included within the scope of services/fees of this proposal.
SCOPE OF SERVICES
ADG agrees to perform professional services for the Client as set forth below for the Basic
Fee as indicatec:
A. Construction Document Phase to Include:
1 . Research into possible ball wall construction materials and associated
construction costs to determine potential methodologies.
2. Develop "Typical" conceptual construction design studies to construct the ball
wall utilizing material from research. Two methods will be developed.
ARCHITERRADESIGNGROU°.COM
'0??1 T°4DEMARK STREET RANCHO CUCAMONGA CA 91730 PHONE(909(484-2800 FAY(909(484-280? 2 5
CA#2834 AZ#29115 NV x440 ORx841,NM #538
Cily of Moorpark
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Page 2 of 10
3. Prepare construction cost estimates for the two design studies.
4. Agency/ADG Progress Meeting to review design studies and construction
cost estimates. (One meeting)
5. Prepare construction plan and construction details for the selected
construction method in sufficient detail for competitive bidding by contractors.
6. Prepare structural calculations as required for the selected construction
method. J.R. Miller &Associates will perform this work.
7. Coordination with JRMA.
8. Prepare Construction Specifications. (Book Form)
9. Preparation of final Cost Estimate based on completed construction
documents.
10. Agency submittal of plans and specifications for review.
11 . Agency Plan Check Corrections.
12. Project Administration (Bi-Weekly Status Report and Project Scheduling).
13. Telephone Consultation.
B. Bidding Phase:
1 . Bidding assistance will be provided to the Client on an hourly as requested,
or negotiated lump sum fee basis.
C. Construction Observation Phase:
1 . Construction observation services 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. Construction Documents: $7,500.00
B. Bidding & Negotiation: hourly as requested
C. Construction Observation: hourly as requested
Professional Fee Total: $7,500.00
Estimated Reimbursable Expenses* $500.00
Estimated Fee Total: $8,000.00
*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.
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GENERAL WORK PROGRAM AND TIME TABLE
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".
TASK PHASE WEEKS
I Construction Document Phase 3-4
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.
DEVELOPMENT BUDGETS
A. The project will have a total of three phases. A detailed cost estimate (by phase)
will be developed as part of the Construction Document Phase.
B. In the event that this development budget is reduced or increased by more than
10% between the time of approval of the landscape concept phase and time of
award of a construction contract, cost of modification of drawings and
specifications to meet the revised project budget shall be considered Additional
Services.
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 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 two meetings for coordination
with Client, agencies, or consultants and two site visits for field inventory/documentation
of existing conditions. 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 . Topography and boundary surveys, CAD base files.
2. As-Builts of existing constructed irrigation system.
3. Architectural plans and elevations of any proposed structures.
4. Engineered site plan with building footprints, streets, curbs, and property lines.
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5. Rough and precise grading plan for project site.
6. Existing site engineering and utility base information.
7. Overhead aerial photographs at controlled scale.
8. Engineering other than that provided within the Scope of Services.
9. Agency processing of completed plans.
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.
S i► -ly Yours,
rchiter . Design Group, Accepted: The City of Moorpark
VI'
1r I By:
'ich i d K, mwiede Title:
President Date:
CA RLA #2834
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APPENDIX A
Attached to and part of Agreement for Professional Services between Architerra Design
Group, Inc. (ADG), and City of Moorpark dated January 7th, 2016.
FEES FOR PROFESSIONAL SERVICES
Services outlined under the Scope of Services shall be provided for the fixed sum
stipulated in the Agreement For Landscape Architectural Services.
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 $500, 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 Services:
• Expense of reproductions for generation of original drawings, plan check
submittals and construction bidding, including printing, plotting, Xerox copying,
photo reproductions.
• Allautomobile mileage shall be paid at the standard rate for business automobile
use as set forth by the Internal Revenue Service.
• Cost of postage and shipping expenses other than first class mail.
• Photographic services, 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 Services.
If authorized by the Client and confirmed by ADG, ADG will perform said Additional
Services on a time and material basis, according to the following schedule:
Principal $165.00/Hour
Director of Design $140.00/Hour
Project Manager $1 10.00/Hour
Landscape Designer $85.00/Hour
Clerical $55.00/Hour
Additional Services Include but are not limited to:
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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. 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. 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
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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
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 1Dehalf of the Client during the course of the project.
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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 indemnificationrovision 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.
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
lrofessionals, voluntarily agrees that, to the Fullest extent permitted by law, ADG's total
ability 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 theroject 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
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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.
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.
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END
34
ATTACHMENT 1
RESOLUTION NO. 2017-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2016/2017 BUDGET BY APPROPRIATING $47,100 FROM THE
COMMUNITY WIDE FUND (2010) FOR DESIGN SERVICES
FOR A BALL WALL AT MOUNTAIN MEADOWS PARK (CAPITAL
IMPROVEMENT PROJECT C0045) AND THE CONSTRUCTION
OF FOUR PICKLEBALL COURTS AT TIERRA REJADA PARK
(CAPITAL IMPROVEMENT PROJECT C0046)
WHEREAS, on June 15, 2016, the City of Moorpark adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2016/17; and
WHEREAS, a staff report has been presented to the City Council re_questing
funding for design services for a ball wall at Mountain Meadows Park and the
construction of four pickleball courts at Tierra Rejada Park; and
WHEREAS, an additional appropriation of $47,100 is requested from the
Community Wide Fund (2010) to fund these two projects; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $47,100 from the
Community Wide Fund (2010), 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 February, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment 3 5
EXHIBIT A
BUDGET AMENDMENT FOR
Community Wide Fund for Design Plans for a Ball Wall at Mountain Meadows Park
and Construction of Four Pickleball Courts at Tierra Rejada Park
2016/17
FUND ALLOCATION FROM:
Fund Account Number Amount
Community Wide Fund 2010-000-00000-33990 $ 47,100.00
Total $ 47,100.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
2010-541-00045-55300 $ - $ 9,600.00 $ 9,600.00
2010-541-00046-55500 $ - , $ 37,500.00 $ 37,500.00
$
$
Total $ - $ 47,100.00 $ 47,100.00
(9,Approved as to Form: le--
3 6