Verde Design, Inc. 1 Version 10-03-22
Estuary Park, Phase 2 No. P.W. 02-23-03
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of Ma\, 2023 (“ Effective Date ”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and VERDE DESIGN, INC., a California corporation, whose address is 2455 THE ALAMEDA, SUITE 200, SANTA CLARA, CALIFORNIA 95050 (“Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validl y existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services to develop and deliver the Design and permitted Construction Documents for Phase 2 of Estuary Park, at 201 Mosley Avenue. Provider was selected on a sole source basis because of their historical knowledge with the project, staff is requesting authorization to sole source Design Services for Est uary Park Phase 2 with Verde Design, Inc., to revise, update, and complete the design and to deliver permitted Construction Documents. This sole source provides financial and schedule efficiencies for the project.
C. Provider is specially trained, experienced and competent to p erform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to exec ute this agreement on March 7, 2023.
E. The City and Provider desire t o enter into an agreement to develop and deliver the Design and permitted Construction Documents for Phase 2 of Estuary Park, at 201 Mosley Avenue, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the ____ day of Ma\ 2023, and shall terminate on the 14th day of Ma\ 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included
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in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
a. By the 7 th day of each month, Provider shall submit to the City an invoice for the total amount of work done the p revious month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B. b. The total compensation for this Agreement shall not exceed $2 95,825, which includes at 10.04% contingency. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s ser vices. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes n ormally associated with an em ployer-employee relationship from any compensation due to Provi der. Payments of the above it ems, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all re sponsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
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8. NON-DISCRIMINATION:
Consistent with the City’s polic y and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under thi s Agreement or out of the operations conducted by Provider even if the City is found to ha ve been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wil lful misconduct on the part of Provider, Provider shall have no right of re imbursement against I ndemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful miscond uct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obli gation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemn ify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4) Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.”
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Provider shall mainta in in force at all times during the performance of this Agreeme nt all appropriate coverage ofi nsurance required by this Agreement with an insurance company licensed lo offer insurance business in the State of California with a current A.M. Oesl's rating of no less than A:Vll or Standard & Poor's Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates lo the City at the address described in Section 17.f. prior to the cxpination of the existing insurnnce certifi cate for the duration of the term of Agreement. Endorsem ents naming the City, its City Council, boards_, c-0mmissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUI REMENTS:
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Provider Tnitials
Provider shall maintain insurance coverage and limits at least as broad as:
(I) Workers' Compensat ion:
Statutory coverage as required by the State of California. (2) Liability:
Commercial ge11eraJ liability coverage in the follow ing minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Properry Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted. combined single limit policy with per occurrence limits in the amounts of $2,000,000 and agb'Tegate limits in the amounts of $4,000,000 will be considered equivalent to the required minim um limits shown above. Additional Tnsurcd Endorsement nam ing the City, i ~s City Council, hoards, comm issions, officials, employees, agent~, and volunteers is ret1uired. (3) Automotive :
Comprehens ive automobile liability oovcrage (any a.uto) in the follov.fog minimum limits:
Bod ily injury:
Property ])amage:
or
Combined Single Limit:
$1,000,000 each occurrence
$ 1,000,000 each occurrence
$2,000,000 each occurre nce
Addition al
Insured Endorsem ent naming the City, its Cily Council, boards, commissions, ollici als, employees, agents, and volunteers is required.
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(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and o missions of Provider’s profession a n d w o r k hereunder, including, but not limited to, technology professional liability errors and omissions if the services being p rovided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall in clude, or be endorsed to include, property damage liability coverage for dam age to, alteration of, loss of, or destruction of e lectronic data and/or informati on “property” of the City in the care, custody, or control of Provider. If not cover ed under Provider’s liability policy, such “property” coverage of the City may be en dorsed onto Provider’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.
As to commercial general liability and automobile liability ins urance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not
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named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of a n y l o s s , o r e x p e n s e o f a n y nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage unde r Provider’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-in surance. Any available insurance proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s).
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and max imum limits of the coverage carried by or available to Provider; whichever is greater.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pro vider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés a re attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub-
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providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be re quired to furnish proof of worke rs’ compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Sec tion 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and o ther document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with re spect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspe ction of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be
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kept separate from other documents and records and shall be mai ntained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necess ary due to concerns raised by the City’s preliminary examination or audit of record s, and the City’s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial c o n tr o ls , o r o th e r b r ea c h o f th is Ag r ee me n t o r f ailu r e to a c t in good faith, then Provider shall reimburse the City for all reas onable costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earl ier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (othe r than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 W. Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jack Dybas, Project Manager
Ph: (510) 747-7948 / Cell: (510) 871-0343 / Email: [email protected] e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Verde Design, Inc.
2455 The Alameda, Suite 200
Santa Clara, CA 95050
ATTENTION: Derek McKee, RLA, Principal
Ph: (408) 850-3410 / Email: [email protected]
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f. All updated insurance certifi cates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 W. Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Engineering Office Assistant Ph: (510) 747-7932 / Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for condit ions of all vehicles owned or operated by Provider, i ncluding the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notif y the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connecti on with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) b usiness days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option , at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for con venience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effectiv e date of termination. The oblig ation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
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20. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceed ings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party of litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impos e, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provi der also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may d irect the application of laws of another jurisdiction. The Agreeme nt and obligations of the par ties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Sec tion 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied cove nant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
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26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherw ise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 5/8/2023
Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 February 9, 2023
Amy Wooldridge
Recreation and Parks Director
City of Alameda
2226 Santa Clara Avenue
Alameda, CA 94501
Subject: Estuary Park Improvements - Phase 2 Development Construction Documents Scope
Verde Design Project No.: 2121200
lll
VERDE DESlGN
2455 The Alameda, Suite 200
Santa Clara. CA 95050
t 408.985.7200 f 408.985.7260
www.verdedesigninc.com
In response to your request, Verde Design, Inc. is pleased to submit the following proposal to prov ide the identified design services on the above mentioned project. This proposal shall remain valid for a period of sixty (60) days.
PROJECT UNDERSTANDING / HISTORY:
The City of Alameda (City) is requesting a proposal for design services for the phase 2 re-design of the Estuary Park Athletic Field Complex. Phase 1 has already been completed and the conform set dated 06- 14- 1 6 will be used as the starting point for phase 2. The phase 2 re-design includes:
• Parking lot revisions, including EV charging stations. • Reduction of basketball courts to one ( 1 ) half-court. • Shade structure modification.
• Addit ion of a Bankshot court.
• Addition of four (4) pickleball courts.
• One ( 1) restroom for the entire park to be placed in phase 2. The restroom in phase 1 was not installed. • Additional planting areas.
• Coordination with the recent Mitchell Road improvements and connection to the park.
Verde Design proposes a design process to include start-up and 30% schematic design, 95% submitta l and 100% construction documents. This proposal excludes bidding and construction support which are provided in a separate proposal. Plans will be developed as one increment and as a single bid package.
Starting with a review of the conform set, we will review the proposed and re-designed improvements and programs, so they conform with current office standards and site materials selection. A site walk with City staff will occur to review program needs and possible site constraints. We will prepare a site survey of the phase 2 area as existing conditions have changed due to soil stockp iling and phase 1 construction since the site was last surveyed in 2014.
The playground and Bankshot equipment is being designed by the City and we will review the layout and design.
Our plans provide the play area edge, seat walls, subgrade preparation/grading, and drainage. City to provide layout, finish grading, and play surface detailing. Coordination of the contractor work and City efforts will be outlined in the plans. Contractor will purchase and install equipment as part of the contract.
After the start-up phase, we will develop the schematic design package. The plans were previous ly prepared for phase 2 but there are revisions to the design and building code updates. We plan to update the designs based on LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
February 9, 2023
the new elements being added, update the plans, remove the phase l elements not related to the phase 2 improvements, meet with staff halfway through this process to review the progress and verify questions on the design and engineering. We will setup a systems design for the grading, drainage, material, and electrical for the proposed improvements and site work for discussion and review at the meeting. We plan to present insights so that direction can be provided to complete the design and final 30% schematic design submittal.
The City is planning to provide a community process and facilitate the input. Verde Design will provide an updated version of the phase two improvements and updates with a rendered plan for the community meetings. We will not be attending the meetings but will receive input from them.
Following the approval of the schematic design package, we will move forward with 95% construction documents.
We will review the package with staff and coord inate comments. Building department review will occur at this submittal. The next submittal will be the final bid submittal for a final review, design coordination and building department approval. City specifications, bidding documents and standards will be incorpo rated. A bid set of plans will be prepared for bidding.
Included are services for storm water treatment alignment for the impervious surfacing being changed. We may need to add or modify the drainage system for the proposed changes and storm water requ irements. Storm water calculations and coordination with the City engiineers will occur to align the plans with the City's stormwater requirements. We will work with the City to develop a post construction storm water management plan for maintenance of those systems.
An erosion control plan and SWPP will be provided and revised . Inspection services or QSP services will be provided by the contractor.
Our team includes Salas O'Brien for architecture programming with the prefabricated building and electrical engineering. Lighting for the site will include the parking lot, pathway lighting, pickle ball courts and conduit installed for the Bankshot and basketball . AKH Engineers will provide the structural design. Underwood & Rosenblum will provide the survey. Cleary Consultants a re included for geotechnical coordination and any updates from their last report / amendments as an optional service Public Restroom Company is included to provide a larger restroom building than previou sly shown in the phase 2 area. This restroom will be setup to accommodate all of the needs of the park. We will work with Public Restroom Company on the layout, materials and components of the building and they will generate engineered plans for building department review and alignment with phase 2 park plans.
Included are seven meetings with the City staff during the construction documents phases.
Our timeline is proposed below. A preliminary cost estimate, based on the above change s, was $5.9 million. The cost estimate will be reviewed and updated during our submittals.
SCOPE OF SERVICES
Verde Design proposes to provide the following services based on the above stated project understanding.
I. Start-Up Phase
A. Establi sh files and in-hou se documentation .
B. Obtain City documents relating to the site and other requirements, standards and regulations for development of the facilities .
C. Coordinate with the phase l as-builts and site maps availab le with the City .
D. Review of site material s for update s, including bathro om size and desired fixture s count.
E. Review of any code updates .
F. Provide a draft mile stone schedule.
G. Provide a site survey of the phase 2 site and compare to the previously prepared topographical survey.
LANDSCAPE ARCHITECTURE • CIVI L ENG INEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
February 9, 2023
H. Visit the project site to complete a visual inventory of the existing phase 2 conditions, phase completed work, and review proposed park elements with City staff.
I. Staff meeting to review schedule, deliverables, budget, and project process.
II. Schematic Design Phase - The following outlines the work to be completed to prepare plans and specifications for construction.
A. 30% Submittal Package
1. The submittal includes plans and draft technical specifications. The plans show overall site design including:
a. Cover Sheet
b. Demolition P Ian
c. Grading Plan
d. Drainage Plan
e. Stormwater Treatment Plan
f. Material and Detail Reference Plan
g. Enlargement Plans
h. Irrigation Plan
i. Planting Plan
j. Construction Details
k. Building Plans
I. Electrical Plans
m. Rendered site plan for City use at community meeting
3. The submittal book supplements the plans and specifications showing:
a. Progress Report
b. Statement of Probable Construction Costs
c. Material cut sheets
4. Redline and review, Internal Quality Control (QC).
5. Submittal Preparation and coordination of plans and specifications will be provided for review.
D. Two review meetings with City staff to review plans and receive comments.
Ill. Construction Document Phase - The following outlines the work to be completed to prepare plans and specificat ions for construction.
A. 95% Submittal Package
1. The submittal includes plans and draft technical specifications. The plans show overall site design including:
a. Cover Sheet
b. Access Plan
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
Existing Conditions Plan
Erosion and Sediment Control Plan
Demolition P Ian
Grading Plan
Drainage Plan
Storm Water Plan
Layout Plan
Material and Detail Reference Plan
Irrigation Plan
Irrigation Calculations
Planting Plan
Construction Details
Building Plans
Electrical Plans
Structural Plans
February 9, 2023
2. The technical specifications show representative specifications for the project.
Specifications will be provided in six-digit CSI format. City front end specification updates.
3. The submittal book supplements the plans and specifications showing:
a. Progress Report
b. Statement of Probable Construction Costs
4. Redline and review, Internal Quality Control (QC).
5. Submittal Preparation and coordination of plans and specifications will be provided for review.
B. Edit technical specifications, City standard specifications and front-end documents.
C. Coordination of playground and Bankshot court design to be included in drawings. Bankshot and playground design to be provided by the City.
D. City building department review and coordinate comments.
E. 100%/Bid Submittal - Coordinate, update and provide final bid package.
F. Three review meetings with City staff to review plans and receive comments.
V. Optional Services
A. Geotech review of the plans, coordination with the team and review of recommendations previously prepared for any necessary updates.
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
PRODUCTS
Verde Design will provide the following products as outlined in the above Scope of Services:
February 9, 2023
1. 30% schematic design submittal - one electronic and two hardcopy sets of plans, costs and specifications
2. 95% submittal - one electronic and two hardcopy sets of plans, costs and specifications
3. Bid submittal - one set of stamped plans / costs and specifications.
PROJECT TIMELINE
Verde Design proposes the following general timeline:
Start-up Phase:
30% Submittal:
95% Submittal:
Bid Submittal:
4 Weeks
8 weeks
6 Weeks
4 Weeks
Note: the above timeline does not include any required review time by City staff.
CLIENT'S RESPONSIBILITIES
In order to complete the items described in Scope of Services above, we respectfully request that the City provide the following information:
1. Any available construction, utility or record drawings of the project area.
2. Geotechnical testing during construction.
3. Bid set copies.
4. As-built plans.
SPECIAL PROVISIONS
A. Without attempting to be all-inclusive and for purposes of clarity, the following items are specifically not included in the Scope of Services:
1 • Meetings other than those listed
2. Renderings and presentations to public bodies other than those listed
3. SWPPP services for design (QSP) inspection during construction. Services to be provided by contractor for inspection.
4. Testing during construction
5. Underground utility surveys
6. Plan and profile plans for utility runs off-site
7. Survey property lines, easement locations or record of survey filing
8. Permit fees associated with the project
9. Pump or lift station design
1 0. 30 graphics
11 . Arborist report
1 2. Playground surface, equipment selection and layout 1 3. Community outreach efforts
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
1 4. CEQA process
February 9, 2023
15. Architecture and mechanical/structural engineering services to be provided by restroom manufacturer. They will also provide the Title-24 documents. 1 6. Soil testing
17. Bid and construction support - Scope is covered under a separate proposal B. This fee will be valid for 60 days, should the City choose to extend or add to the contract, the unbilled portion of this agreement will be subject to an increase in January of 2024 to cover annual wage adjustments for office personnel.
C. Services will be diligently pursued, and every reasonable effort will be made to meet the mutually agreed upon schedule. If the completion of the services is delayed at any time in the progress of the work undertaken in this Agreement by conditions beyond the control of the Consultant; including but not limited to: strikes, lockouts, labor disputes, or the inability of City, their consultants, utility companies, or jurisdictional agencies to provide required information, processing or direction; the time of completion shall be extended during such period and Consultant shall be held harmless from any and all claims arising out of such delay.
PROFESSIONAL COMPENSATION
For the scope of services and products identified in this proposal, Verde Design respectfully requests the following time and materials not to exceed fee including all reasonable reimbursable expenses that are outlined to be included in the project .
• Phase 1: Start-up and 30% Submittal
• Phase 2: 95% & Bid Submittal
Optional Services
· Ceolech11ical Repoil Upda le 8t Pla11 Review
Total
$107,035
$161,790
$268,825
$7,535
Additional services will be charged on a time and material basis. Charges for additional services will be billed separa tely .
CHANGE IN SERVICES
Client may order changes in scope or character of service, either decreasing or increasing the amount of Consultant's services, and if necessary , changing the character of services. In the event that such changes are ordered, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change.
TERMINATION OF AGREEMENT
In the event the project is terminated or indefinitely suspended in the manner herein provided, Verde Design shall turn over copies of any and all documents completed to that date. Verde Design shall be entitled to compensation up to and including said termination date. Original work shall remain the property of Verde Design.
Amy, if this proposal meets with the approval of the City of Alameda, please sign the proposal below. Thank you again for the opportunity to work with your City and Community on the second phase of the Estuary Park improvements.
Respectfully Submitted, Approved:
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Exhibit A
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
Verde Design, Inc.
Derek McKee, RLA
Principal
Enclosure: 2023 Charge Rate Schedule
cc: Nance Cronin, Verde Design
Name :
Date :
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN Februar y 9, 202 3
Exhibit B
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Estuary Park - Phase 2 Development
Construction Documents Scope
Verde Design, Inc.
Charge Rate Schedule
Effective until December 31, 2023
February 9, 2023
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.
Project Rates
Principal
Project Manager / Construction Manager
Level Four
Level Three
Level Two
Level One
Project Engineer
Level II
Level I
IT Manager
CAD Manager
Project Designer
Job Captain/Staff Engineer / Construction Administrator Draftsperson Level II
Draftsperson Level I
Project Administrator
Intern
Reimbursable Rates
Blueprints, Printing and Reproductions
Sub Consultant Services
Reimbursable Expenses
Blueprints and Reproductions
Photography
Models and Renderings
Postage / Overnight Mail Service
$265.00 per hour
$250.00 per hour
$230.00 per hour
$1 85.00 per hour
$1 70.00 per hour
$1 90.00 per hour
$175.00 per hour
$1 85.00 per hour
$1 80.00 per hour
$165.00 per hour
$155.00 per hour
$1 50.00 per hour
$145.00 per hour
$90.00 per hour
$80.00 per hour
Cost plus 1 0%
Cost plus 1 0%
Travel Expenses
Parking and Toll Expenses
Permit Fees
Courier Delivery Service
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 POLICY NUMBER 606748199 COMMERCIAL AUTO LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTO LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
As Required by Written Contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
Who is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your completed operations for that insured.
CG 20 10 03 97 Copyright, Insurance Services, Office, Inc., 1996 Page 1 of 1
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 Named Insured: Verde Design, Inc.
POLICY NUMBER 605016326 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
The City of Alameda, its City Council, boards and commissions, officers, employees and volunteers
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".
It is agreed that this
insurance is primary, and that any insurance issued to the additional insured applicable to a loss, other than that provided by this endorsement , shall be excess over this insurance , to the extent any insured, other than the additional insured , is solely negligent for any liabilities , loses, claims , suits, judgments , injuries, costs and/or otherwise demands.
DocuSign Envelope ID: BA191C1E-A1F2-4103-837E-E3CC6E0B05E3 BUSINESS TAX CERTIFICATE 8235 38
ISSUED FDR TAX PURPOSES ONLY · NOT TRANSFERABLE
CFC 106.1 & 106 .. 2 allows entry and examination for Flre Code Compliance Business Name: VERDE DESIGN
Business Owner(s) : DEREK MCKEE
DEVIN CONWAY
Business Location :
Business Type:
2455 THE ALAMEDA, SANTA CLARA, CA 9505()..6037
Landscape Architecture
NANCE CRONIN
VERDE DESIGN
2455 THE ALAMEDA
SANTA CLARA, CA9505~037
Starting J anuary 1, 202 1, Assembly Bill 1607 requires the prevention of gender-based discrimuiation of business cstabli-shments. A full notice Is avallable in Engllsh ot olher tangu.ages by ooJno 10:
CITY OF ALAMEDA
EXPIRATION DATE: 06/30/2023
Finance Director
hltps:/Jwww.dca.ca.gov/publicatiOl'lsl THIS CERTJPICAT E MUST BE POSTED IN A CONSPICUOUS PLACE