WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of ONE
MILLION THIRTY-SEVEN THOUSAND SIX -HUNDRED ENTY-FIVE DOLLARS ($1,037,625) by TWO HUNDRED EIGHTY-THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($283,450) for a new aggregate Not -to -Exceed Sum of ONE MILLION
THREE HUNDRED TWENTY-ONE THOUSAND SEVENTY-FIVE DOLLARS
($1,321,075) to allow for additional professional design, architecture and engineering consulting services for the Ford Park corp-yard relocation„ restroom building and playground area upgrade project.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1., Section 4.1 (SCOPE OF SERVICES) of the Agreement is hereby amended to include the additional tasks and services set firth in Consultant's October 13, 2021 RJM Design Group Ford Park Additional Services: Corp -Yard Relocation, Restroom uilding, Playground Area Upgrades' (hereinafter, "September 2021 Supplemental Consultant's Services") which is attached and incorporated hereto as Exhibit "E3",
SECTION 2. Section 6 (COMPENSATION) of the Agreement is hereby amended to increase the Not -to -Exceed Sum of ONE MILLION THIRTY-SEVEN THOUSAND SIX - HUNDRED TWENTY-FIVE DtfrLLAR.S ($1,037,625) by TWO HUNDRED EIGHTY- THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($283,450) for a new aggregate Not -to -Exceed Sum of ONE MILLION THREE HUNDRED TWENTY-ONE THOUSAND SEVENTY-FIVE DOLLARS ($1,321,075) to allow for additional professional design, architecture and engineering consulting services for the Ford Park corp-yard relocation, restroorn building and playground area upgrades project.
SECTION 3. Section 11 (INSURANCE) of the Agreement is hereby amended to Include subsection 11.1,4 to state as follows:
11.1A Professional liability (Errors & ©missions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection , , ith this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreements
SECTION 4, Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master notwithstanding, this First Amendment, together with th Master Agreement, shall constitute the entire, ccornpl.te, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
2
N 5. a provisions o
ment, and ex pt, as o
nt and all provisions
ble. n e e nt of any _: nflict or in
end nt and the provisions of
endment shall control, b on in so
ent, and no fu er,
Fi t ndment shall d d a part of the
provided un s F A nd nt, the
ntained therein shall remain binding and
nslsten b n e provisions of
e aster ' .; ement, the provisions of is First
r as su provisions nflict with the aster
ATU
IN ESS EREOF, the Partin hereto have used this First ndment to ex; u d on the day and y r first ap ' raring a ve.
TAN.: :
A
on half of
kk iivarez, Ci Attorney
Date: November 15, 2021
4 3
U
EXHI IT "
2 UP L w' TAL C ULTA T'S VIC ES
6
October 18, 2021
Ms. Grissel Chavez
Di °' actor of Public Works
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 9©201-3293
RE Ford Park - Additional Se
IV. C Yrs,,,+,' Relocation, mwllding, P
Dea
n A
P d
DESIGN
GROUP
RIM !iw'<sign Group, Inc. is excited to submit this letter proposal for additional s of a for the Fond Park Corp -Yard R to tion, ' 'estroom Building, Playground Area U trades prof,. , „.. a ices include design for a new access drive, new re m building, playground area u; d , and new basketball court configuration. The proposed relocation of the ;:isting Corp -Yard will greatly improve safety for park us+ors by eliminating vehlc i traffic (employ deliveries) through the heart of the park. it will also increase convenient and di access to the yard area. The additi
with our existing to members including CivTec Civil Eng Clark, Inc,, d Southern C Iifomia ,e - technical.
h pickup, i ce, and
ncy of operations by providing
prices shall be provided by RIM along
ng, F El trice' Engineers, Clark Self
Thank you for allowing us the opportunity to assist you on this proj opportunity to further discuss your project with you. We Zook fo long-term ., Iatlonchlp with the City of Bell Gardens, and to assist yo this exciting and chaJlpngiiig project.
Since ly,
ItiM D v
La . Ryan ASLA
Principal
We also welcome the
o the opportunity of developing a
the design and development of
PRO0I„UCTS: Base mop at appropriate scote for site studies; site analysis map and site access evaluation, Hazardous Materials Report, Soils Report including infiltration testing.
TASK 3 - CONCEPTUAL DESIGN
A, Prepare preliminary conceptual plan on the digital topographic base rn.p that illustrates the following: propo ed Corp -Yard access drive and interface with existing park access/parking Not, Corp -Yard area with trailer/office location, roll -off bins, dry material strage, parking, recyclablee/trash pickup, proposed restroorn building, picnic/shade structure, playground area enhancements.
B. Project Budgeting - Services relating to the development of a Statement of Probable Construction Cost based on programming and consisting of:
Development of initial approximate gross facility areas.
Evaluation of construction market conditions.
Application of unit cost data to gross areas.
Estimates of related costs such as site and facility development, dernollticarr& landscaping, utilities, services, furniture, and equipment.
C. Meet with City for review of conceptual plan and construction budget est'irtnate.
D, Refine conceptual plans and cost estimates per City comments and direction.
E. Prepare digital presentation of design exhibits for use in presentation to City/community for review and comment,
Submit refined firm.) conceptual plans and preliminary opinion of probable construction costs to staff 'd `n preparation for public hearings.
G. Prepare for and attend public meetings (Recreation & Community Services, City Council) for presentation and approval,
MEETINGS: One (7) City staff meeting La present end discuss conceptual plan and construction budget
Two (2) public City presentations
PRODUCTS: Conceptual pkan,`refined Conceptual Plan and Construction Budget estimates
TASK 4 -CONSTRUCTION DOCUMENTS
The final Construction Document Phase of the project consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final opinion of probable cost.
Our proposal includes complete landscape, architectural and engineering services required to execute the project, -Specifically, we have: included the following disciplines.
A. La'ndsca•pe Architectural/Ste Development
Site area layout and design
2, Landscape e mnstr,.u'etican
Landscape planting plan
4, Landscape irrigation plan
S., Landscape details/specifications
6. Statement of probable constructiori cost
Civil Engineering
1. Demolition plan
2, Title sheet/details/quantities
3. Pre.clse grading plan
4. Field survey verification
5. Hydrdloegy study
Horizontal control plan
1. Erosion control plan
B. Water and sew.erplans
22.1-©933 Ford Park Additional Services
the consultant for appropriate action. The Contractor's requests for information, proposal requm s , and related communications shall be attended to on a regular baasis, Consultant will review change order requests by City staff, Issue requests for change orders to the contractor, review the contractor's change orders and issue recommndations to City staff for action. Contractor's pay requests shall be reviewed by the Consultant on a monthly basis in accordance with the aenpunt of work completed and in accordance with the contract documents, At every job sit„, meeting, rninut#s shall be prepared, published r..,d distil) t by the Consultant to all parties concerned, specifically -noting current action Items and related re s nsibilities.
Upon completion of the Construction Phase the Consultant shall organizrnnd conduct a final walk- through and review needed. A final punch list for all required corrections and remaining work shall be prepared,
During the Construction Phase of the project, the following services shall be furnished:
A. Pre -Construction Conference
A pre -construction conference shall be organized and conducted to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and pro) esentatives shall be defined. Attendees shall incdud'.r representatives from City staff, the Consultant, the Contractor, and all major subcontractors.
B. Job Site Meetings
Job site meetings (anticipate twelve (12) meetings) shall be scheduled and conducted by the Consultant for the same day and time through the duration of the Jectm Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The consultant shall publish and distribute a field report for each job site m ng, documenting the progress of construction d specifically noting'current and delinquent action It nos, C, Submittal and Shop Drawing Review
The Consultant shall review all required shop drawings and related submittals as required by the contract documents,
D, Project Close,. -DLit
At the completion of the Construction Phase a final job site meeting and revie° , of the entire facility shall be conducted. A final punch list will be putitlish and distributed by the Consultant to ail parties concerned, speelfl'cally oting required correc-tJons, non -conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corn ed, at which time a Fine Notice of Completion °hall be filed by the City, A final walk-through shall be conducted approximately 12 rnontfis aftercompletion of construction to conduct a warranty rr°view site a,°.; alk ,with the City.
E. Record Drawings
Consultant will review contractor submitted Record Drawings for contrert conformance and completeness based upon field observations made during the construction observation/ ado inistraon task and the origi l contract dtkumenti. Consul t sh II riot held responsible for inaccuracies of the contractor provided record drawings. Any site visits required'to verify° information contained din the contractor's as -built drawings will be provided on an hourly basis. 21-0939 F di
CO
Compensation pz _-�u ....,. ...
ion for additional services will be billed hourly atopr standard rates* below:
R r"l C ES(GN GROUP. i
Principal Landscape Architect
Associate Landscape Architect
Landscape Architect
Job Captain / Landscape Designer
CARD Technician / Graphics
Clerical
Princs°° (
Project Manager
Project Engineer
Project Surveyor
Design Engineer
Draftsperson
Project: Assistant
?-Man Survey Crew
3 -Man Survey Crew
FBA ENGINI.ERING
Principal ,/ Project Director
V.l , / Senior Associate
Associate / Project Manager
Construction Support
Electrical Designer
CAD / Ell i S Designer
Technical Typist
A
Principal Engineers Geologists
Senior Engineers & Geologists
Project Engineers & Geologists
Staff Engineers & Geologists
Deputy Grading Inspector / Deputy Soils Technician
Senior 'Technician
Technician
Laboratory Services
Drafting
Expert Witness 8a Deposition
Clerical
CIACIAR SEI,E
Project Manager
Certified Asbestos Consultant
CDPH Inspector/Assessor
Clerical
On -Site Consu t
Irrigation Design&
Plan Check
2°I•09v36 Ford Palk Additional Services
iafe
esionerj
$175 - $195 per hour
$160 mm $170 per hour
$145 $'155.,per hour
$130 m $140 Der hour
$115 - $1 25 per hour
$85 per hour
$185 per hour
$150 per hoLu
$125 per hour
$120 per hour
$100 per hour
$ 7.5 per hour
$ 60 per hour
$265 per hour
$345 per hour
$210 per hour
$160 per hour
$160 per hour
$135 per hour
$110 per hour
$ 90 per hour
$ 50) per hour
260 per. hour
$200 per hour
$165 per hour
$140 per hour
$140 lr r hose€r
$ 95 per hour
$ 90 per hour
$ 80 per hour
$105 per hour
$:500 per hour
$ ,0 per hour
$145 per hour
$115 per hour
$11S per hour
$ 65 , r hour
$135 per hour
$110 per hour
$110 per hour
7
2020
P F ON RVICES AGREEM NT
(Engagement.""',sign, A I tu and En i rin Service For
Ford Pa u tic Center)
(Parties: City of Bell Gardens and RJM Design Group, Inc.) D
F TI
THIS PROFESSIONAL SERVICES AGREEMENT (Ag ) Is ent red into by and n the City of Es II Gardens, a Califomi municipal corporation (City') and RJM n Group, Inc. ("Consultant°).
2. EREAS, City has determined that It requir a following professional servi consultant Design, Architectu, ' and Engin ring Service for Ford Park Aquatic Center, and
EREAS, City issued a Request for P on September 28, 2020; and EREAS, Con ultant rep ents that it is fully qualrfi d to perform the p n I rvi s d cribed in this Agr m°nt by virtu of its a donee and the tion and expertise of its principals and employ s. Consultant further repro n that it is willing to a r, a pt responsibility for performing such rvices in n ith the s and conditions set forth in this Ag ment; and WHEREAS, City staff has deterrni that Consultant poss
skills and training no ry to ,M tently provide uch srvices to C nd NOW, THEREFORE, for and in co ^,, ,ti n of the mutual coven; n conditions herein contained, City and Consultant v s follows:
3. DEFINITIONS
3.1 "Effective D t
48 SCOPE OF
ment Is fully executed by all Parties.
n
4.1 Subject to the terms and ndibons of this Agree ° > nt, Consultant s to p wide the nil ; , and tasks desert In that certain Request for Propo , 1 of City entitled °Design, Archi re nd Engin ring Servi For Ford Park Aquatic Center° ued S, pt mbar 28, 2020, (hereinafter, °City RFP') and the written pro, sal of Consultant - ntftled °Part On : D ign, Architecture nd Engineering S rvices for Ford Park Aquatics Center City of Bell Gardens° (hereinafter, the °Con°ultant Pro r) dated January 7, 2021,
The City RFP and the Consultant Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the City RFP and the Consultant Proposal. The capitalized term "Work" shall be a collective reference to all the venous services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP and the provisions of the document entitled Consultant Proposal, the requirements of the document entitled City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control,
5. ?ROSEGUTIC)N 5©F ,WQRK
5.1 Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of City's issuance of a Notice to Pro, , d. Consultant shall complete the various tasks identified in the Scope of Work, defined above, and shall complete all services and tasks ntemplated under this Agreement no later than the earlier of the following: (i) sixty (60) calendar days following the date upon which the City Council has accepted the Project as complete and has authorized the rec'rdation of a final No of Acceptance for all of the Project Work; (ii) July 1, 2022 (the "Completion Date).
5.2 Consultant shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. Consultant shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents.
5.3 Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related servi :; s or tasks completed in a timely manner.
5.4 Consultant shall at all times enforce strict discipline and good order amo Consultant's employees.
g
5.5 Consultant, at its sole expense, shall pay all sales, consumer, use or other si liar taxes required by law.
5.6 Consult nt shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).
During the term of this Agreement, Consultant shall not perform any work for another
person or entity for whom Consultant was not working at the Commencement Date if both (I) such work would require Consultant to abstain from a decision under this ,.* reement pursuant to a conflict of interest statute; and (ill) City has not consented In writing to Consultant's performance of such work.
5.7 Consultant represents that it has, or will secure at Its own expense, all personnel required to perform the services identified In the Scope of Services. All such, services shall be performed by Consultant or under Its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement No change shall be made in Consultant's project administrator without City's prior written consent.
5.8 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
5.9 All of Consultant's employees and agents pass°ass sufficient skill, knowledge, training and experience to perform those servi and tasks ssigned to them by Consultant; and
5.10 All of Consultants employees and agents (including, but not limited to, subcontractors and subconsu :»ants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained th i ughout the term of this Agreement and made available to City for copying and inspection.
5.11 The Parties acknowledge and agree that Consul nt will perform, at Consultant's own cost and expense and without any reimbursement from City, any services neosssary to correct any errors or omissions caused by Consultant's failure to comply with the standard of r re set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be cormnenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and ,in her sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultants profession.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in full satisfaction for such services as set forth under Attachment "C" entitled "Part Two: Fee Proposal Design, Architecture and Engineering Services for Ford Park Aquatic Center'' dated January 7, 2020 (hereinafter "Fee Proposal").
602 The foregoing notwithstanding, Consultant's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of ONE MILLION THIRTY-SEVEN THOUSAND SIX -HUNDRED TWENTY-FIVE (O,037,626.00) (hereinafter, the "Not -to - Exceed Sum") during the term of the Agreement, unless such added expenditure is first approved to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant's performance pending City approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other City approved amendment to the compensation terms of this Agreement
6.3 The Not -to -Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.
7. OWNERSHIP pr WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. Consultant Is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance, D. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Co' ,ultant without prior written consent by City. City shall grant such consent if disclosure Is legally required. Upon request, all City d, to and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
10. INDEMNIFICATION
10.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost wising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liabilfty, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costa, and fees of litigation) of every nature arising out .*f or in connection with Consultant's performance of work hereunder or its failure to comply with any of Its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
10.3 City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant's failure to either pay City promptly for , ny costs associated with Consultant's obligations to indemnify the City Indemnitees under this Article, or related
to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.
10.4 The obligations of Consultant under this Article will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents, and volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
10.6 City does not, and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
10.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
10.8 WORK OF CONSULTANT'S DESIGN „PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional" within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, Consultant shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of Consultant or any of Consultant's officers, employees, servants, agents, contractors, subcontractors or authorized
volunteers or any other person or entity Involved by, for, or with or on behalf of Consultant in the performance of design professional services under this Ag ,r , mart.
The Parties understand and agree that the duty of hold harmless pursuant to this subsection Includes the duty to defend as set forth in Section 2778 of the California Civil Code. Consultant's obligation to indemnify applies unle= . it Is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it Is finally adjudicated that liability is caused by the comparative active negiigen*- or willful misconduct of en indemnified party, then Consultant's indemnification obligation shall be reduced in proportion to the established comparative liability.
10.8 U1OR O AL OTHER PERSON ON -©E l N PROF SSIONALSA
Except as otherwise provided under Section 10.2 of this Arttce, above, to the fullest extent pemmitted by Law, Consultant shall indemnify, defend and hold harmless the City Indemnitees.from and against all liability, loss, damage, expense, cost (including without limitation reasonable aftomeys' fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by Consultant's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of Consultant or Consultant's officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to rnply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or ,II of the City Indemnttees. The duty to indemnify, defend and hold harmless as , ; t forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 10.2, above,
14.14 As to the duties to indemnify under Sections 10.1 and 10.2 of this Article, above, City shall have the right to offset against the amount of any compensation due Consultant under this Agreement ny amount due City from Consultant as a suit of Consultant's failure to pay City promptly any indemnification arising under this Article and related to Consultant's failure to either (I) pay 'swxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation taws.
10.11 As to the duties to indemnify under Sections 10.1 and 10.2 of this Article, above, the obligations of Consultant under this Article will not limited by the provisions of any workers' compensation act or similar act Consultant expressly waives its statutory .immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents and authorized volunteers.
10.12 As to the duties to indemnify under Sections 10.1 and 10.2 of this Article, bove, Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein,. Consultant agrees n be fully responsible
and indemnify, hold harmless and defend City and City's elected and appointed officials, offi rs, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' f s incurred by counsel of City's choice.
10.13 As to the duties to indemnify under Sections 10,1 and 10.2 of this Article, above, City does not, and shall not, waive any rights that it may possess against Consultant be use of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and ind nification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
10.14 As to the duties to indemnify under Sections 10.1 and 10.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the City may have at law or in equity.
11, INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
11,1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.
11.12 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with mint ° um limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident,
11.1.3 Worker's Compensation insurance as required by the laws of the State of California.
11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement, 11,3 The policy or policies required by this Ag ement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
11.44 Consultant agrees that if It does not keep the aforesaid insurance in full force and effect City may eith n r (i) immediately terminate this Agreement; or (II) take out the necessary insurance and pay, at Consultant's expense, the premium the n> 11,5 At all times during the term of this Agreement, Consultant shall maintain on e with City's Risk Manager a certificate or certificates of insurance showing that the said policies are in effect in the required amounts and naming the City as an dditional insured. Consultant shall, prior to commencement of work under this ment, file with City's Risk , anager such rtificate(s). 11,6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or rept ced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages,
11.7 Th general liability and automobile policies of insurance requir ;,d by this Agreement shall contain „n end° meat naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endo r ement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify y .,e certificates of insurance to d let any excui tory wording stating that failure of the insurer to mail w in notice of ncellatlon Imposes no obligation, and to delete the word "endeavor' with regard to any notice provisions.
11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in wxcess of Consultant's insurance and shall not contribute with ft.
11.9 Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and 4xpenses. 11,10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as fun performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement
12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consult n nt's services under this Agreement.
13. RECORDS AND INSPECTIONS
Consul; nt shall maintain full and ccurate records with respect to all matte covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to acce and examine such
records, without charge, during normal business hours. City shad further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities,
14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Ag menu
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (I) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City;
City of Bell Gardens
Recreation and Community Services
7100 Garfield Ave,
Bell Gardens, California 90201
If to Consultant;
RJM Design Group, Inc.
31591 Camino
Capistrano
San Juan Capistrano,
CA 92675
With a courtesy copy to:
Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LL.P
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)7444$: 3
16. SURViVIN9 COyENANTS
The parties agree that the covenants contained in Sections 9 and 10 and Section 12, of this Agreement shall survive the expiration or termination of this Agreement.
17. TERMINATION
17.1. City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City's intent to terminate this Agreement which notice shall specify the effective date of such terrnination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate thls Agreement except for cause as provided under Section 17.2, below. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be . uired to provide such Documents and Data within fifteen (15) calendar days of City's written request No actual or asserted breach of this Agreement on the part of City pursuant to Section 17,2, below, will operate to prohibit or otherwise restrict City's ability to terminate this Agreement for convenience as provided under this Section.
17.2 in the event either Party fails to perform any duty, obligation, service or task set forth under thls Agreement (or fails to timely perform or properly perform any such duty, obligation, service or sk set forth under this Agreement), an event of default (hereinafter, "Event of Default') will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as Y, "Default Notice) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (ill) a date by which the Event of Default will be cured, which will not be less than the appal bie cure period set forth under Sections
17.3 and 17,4, below, or ire cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cum the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
17,3, CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information M nd/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 1Q -fay cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.26.i. that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or
ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.30) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
17.4 in addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) City's discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.
17.5. City will cure any Event of Default asserted by Consultant within forty -,five (45) calendar days of Consultant's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that 'City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 - day cure period. The foregoing notwithstanding, an Event of Default dealing with City's
failu ° t t' say any undispu.s sums to Consu nt 'li
(5) ca{ ndar days from the d to of Consultants ®fault Notic C
of D
17.6. C" , in sole g ad
nt's n under t"
ult by gi onsultant w
n (herein
a Suspension N
Not at any ti upon the ecru nos of an Even
Consul nt will ns only for those
y nsuitant to th .ra nab tisfacti
ion. No actual or s d b ach of this
ors to prohibit or othe
ded her in,..
17,7, N
►institute a w
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Party any contrac'
b cured by City
toCity,
ute di s than, m y also i l t iy suspend
nt riding Consu too cu f aroy Event
's intent to cusp nd Consultant'
City my issue the Suspension
fault. Upon such su pen ion,
and tasks h" h have been
p to the a iv da of
nt on the of Cfty will
ent as
City's ability to
suspend thl
y Event of default or b under this Ag
y other or subsea ent Event of fruit or b ach. No
olunsrrfly given r perfo by a Party ll give the at
m, estopp I, r o e
17,8, The duties and oiigatior s imposed
and umod" a r„.unable hereunder will be in
duties, obi' rights a d remedies oth
addition to ny ther re v "aable to C
vent, of any b ach I' f s ent, C
also pursue any one or more °f s fo
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City may xtend th
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17.9 Consultant will be Ii
City incurs upoPo. breach f
under this Ag nt.
17,10, In the
will be the surpe
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and tasks.
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r termination of this
to Consultant under
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18. GENERAL,,PR©VISIONS
18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s). 18m4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant°
18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.
18.7 If ny term or provision of this Agree nt or the appll Lion thereof to any rson or circumstan shw!II, to any extent, in or unenfo ble, then such to or provision shall be amended to, and s, Iely to, the extent necessary to cure such invalidity or unenfor bay, and In Its amended form shall be enfo able. In such vent, the m finder of this Ag ment, or the application of such term or provision to pe! ons or clrcumstan s other than those as to which it Is held invalid or unenfo 4 ble, shall not be affected the, ,,by, and each term nd provision of th°R,, shall be lid and be enfo the fullest extent perm .d by law.
18.8 This Ag ment shall be governed and construed in
i of the State of California.
tithe
18.9 All docu n` , n as exhibits in this Ag ment are hereby in , rparated in this Ag n . In event of any material dis r pancy betty n the exp provisions of this Aa .nt and the provisions of any document incorporated herein by refs ce, the provisions of this Agr nt shall prey ii, This instru ° r:nt contains the entire Agr nt between City and Consultant with res the transactions contemplated he in. No other prior oral or w °";;inn ag n binding upon the p r , s. Amend nts hereto or deviations here ° , shall be a we and binding only if made in writing and executed by City and Consu n
O'K .C
onager
duly u
EFFEC TTUATE A T
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'K . C n
0 ha u d their duly au
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FP
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RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
SUBMITTAL INFORMATION
All proposals must be received by the City Cleric's Office, at the City of Bell Gardens, no later than: October 29, 2020 4:00p.m. in a sealed envelope.
Proposals received after the time and date indicated above shall be deemed nonresponsive and returned unopened.
Proposal for Design, Architecture and Engineering Services for Ford Park Aquatics Center
Office of the City Clerk, City Hall
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 902014293
Contact info: Rozanne Adanto, Director of Recreation and Community Services at 562-8064650 or by email at radanto©beligardens.org a
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
REQUEST FOR PROPOSAL
DESIGN, CHITECTURE ,', D ENGINEERING SERVICES FOR
FORD P AQUATICS CENTER
The City of Bell Gardens ("City") is requesting proposals from qualified design, architectural and engineering consultant firms ("Firms") to provide a design, architectural and engineering services for the Ford Park Aquatics Center. The City of Bell Gardens (City) invites qualified architectural and engineering design teams to submit proposals to provide complete architectural and engineering design and construction cost estimating services for the demolition, remodel, and enlargement of the Bell Gardens Aquatics Center Replacement Project. The City is seeking the services of an architectural and engineering design team with aquatic center design experience as well as experience working with public municipal agencies.
Upon completion of this Project's first part, the City, at its discretion, may continue to use the services of the selected consultant or may select another firm for the next part of the Project.
Costs associated with preparation of proposals will be the sole responsibility of the consultants and will not be reimbursed by the City.
GENERAL INFORM.ATiON
The Bell Gardens Aquatics Center is located at 8000 Park Lane at John Anson Ford Park, a ssible from Garfield Avenue. The Aquatics Center opened in 1959 and is the only aquatic facility for the City's aquatic r eation program. The preliminary program for the replacement facility includes a new building, and the new facility includes a new building consisting of locker and shower facilities, a multi -purpose room for training, a weight room, a new (50) fifty meter pool with diving area, therapeutic pool, splash zone, and water slide.
The Aquatics Center has undergone relatively few renovations since it was built over 60 years ago, and the configuration of the building, pool, and supporting elements are not flexible and efficient enough tom t the needs of a modem municipal aquatics program. Besides having an architectural aesthetic that is dated, the building lacks a full fire sprinkler system, the sanitary sewer system requires frequent maintenance, and the building does not comply with accessibility requirements. The existing building comprises of a single -level, on grade building with integral pool equipment and chemical storage areas,
PROPOSAL INFORMATION
The purpose of this Request for Proposal ("RFP") is to select a Firm to provide Design, Architecture and Engineering services for the Ford Park Aquatics Center to the City.
The City intends to select one Firm to perform all the items listed in the Scope of Work section
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
- Lobby Entrance and Reception
- Staff Office
• off Lounge/B k Room
- Male and Female and Unisex (Family) Locker/Sho Changing and Res
Family
on ide
Janitor and Stor a Rooms
Pool Equipment Sto r;
Che i i Storage ?'
Le ° 6dership in Energy and Environmental sin (LEED) Sliv minimu or higher to the extent ,ssible within the budget, N Pools and Amenities: One r pools end associated equipment with lowing criteria/elements:
One or m pools that individually, or in combination, provide:
a Ei h swim lanes suitable for petitive swi ming 50 meter minimum lens;s°.
a Startin blocks on on nd with minimu
o Z ,,,,> 5j p °, r ssibility.
o Wading/R o i depth areas.
• War play structures and ameniti .
o Therapy pool
o County of Los Angeles Health Department Permit required.
Water Slide: A new custom water slide.
RFP a ESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
be sent in writing or electronically to all firms having requested this RFP. Requests for Clarifications will not be accepted, nor responded to after 4:00 P.M. on Thursday, October 22, 2020. Any interpretations or addenda issued by the City shall be incorporated into .this RFP, Proposers may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.
The City reserves the right to determine (in its sole discretion) if a formal pre -proposal session with candidate Firms will be required. The City's objective is to ensure an appropriate exchange of information prior to proposal preparation and submission to minimize both wasted effort by Firms and unnecessary follow-up by City personnel during the evaluation process.
CI S RIGHTTOREJECT; WAIVE IRREGULARITIES
The City reserves the right to reject any or all proposals received in sponse to this RFP for any reason or waive any irregularities or informaiitis contained in the proposals consistent with the law.
COST OF PROPOSAL PREPARATION
The Firm, including their sub -contractors, is responsible for any costs incurred in responding to this RFP.
FORrAT AND CONTENTS OF RESPONSES
The proposal shall consist of (2) two parts submitted as one package.
P I—PrtOne
Part One of the Proposal shall describe the consultant's understanding of the project, approach to accomplishing the project goals, relevant past experience, and any litigation brought against the firm within the last (5) five years. Part One shall be limited to (10) ten double -sided pages (10) ten sheets, which is (20) twenty pages, excluding table of contents, cover letter, resumes of team members, and any promotional materials. Consultants shall submit (5) five hard copies and (1) one PDF file on PC -compatible USB drive of P:rt One.
In Part One, the consultant shall, as a minimum:
1. Explain the general background, qualifications, and organizational structure of the firm and describe any special knowledge or capabilities material to the project that exist within the firm.
2. Outline the proposed approach to the scope of services, including organization and sch, duling of tasks to be performed; capacity to keep the project on schedule and within budget; approaches to working with City staff and policy -
Submit all project d is n ,°pry to the County of Los
Department to obtain a permit for a public aquatics facility.
Ass °.t City s ff a bidding project for co, ,struction.
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
Prefect Part 1 — Pred clans Feasl llht and Budget Verlf'catlon:
Project kick-off meeting °, ' r; City staff.
Building and site ,f°sikkthr h and ,xsmination of exists ,g plans.
R view and confirmation p J requirements and ope °,; > anal prog City staff.
- Submit itemized spa and fu
site f tures and amenities.
Completion of conceptual and
probable constru n costs.
One or more outreach
m tint , Clty Council m
final proposed concept de
P t 2 — Pro
n.
ctional prog , r building, pool -side, and
is designs and associat d estimates of
ting; City Council dhoc, C mss, :ion
s n ry for approval of and input on
tf
Completion of d n development, and construct
specifications.
Submit and ° view design
pe nt , pletion of each
u nib, ith City s
Submit and view a construction s
completion of each milestone.
n
p
plans and
nt nd 100
City staff t h
Final" documents based on feedback from City staff and all uthorities having jurisdiction.
Sub it all project documents to the City of Bell Gardens Building inspection Division and CA -DASH and ob In all 1 rmits.
Health
Incorporate Bid Addenda s requi d, to issue a confo d "For Co truclion Set" after th bid pha is completed.
7
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
2, Demonstrated su ss on previous projects, especially of similar scope, including quality of work and meeting project schedule and budget.
3. Qualifications of key staff and subconsultants who will carry out the assignment.
4. Completeness in answering this Request for Proposals.
5. Effectiveness, clarity, and conciseness of project approach.
6. Ability to meet the project schedule.
7, Ability to m t insurance requirements.
8. Any litigation brought against the firm,
The City will check the references of the top -ranked nsultants for such things as:
record in accomplishing work in a timely manner for similar projects within budget, quality of work completed for the City or other public agencies, ability to work with City staff and the public, as well as any outstanding litigation.
The City shall neg:tiate an agreement with the most qualified consultant. If negotiations with such consultant are unsuccessful, the City will negotiate with the second most qualified firm. The selection process will be complete once a contract is executed.
When the City has reached an agreement with a consultant, all firms submitting a proposal will be notified of the results in writing,
Per City policy, the determination of the most qualified consultant shall be on ,,:,- basis of demonstrated competence and qualifications for the type of services required. The fee proposal will remain confidential in the initial selection process and will not be used as the sole determining factor In consultant selection, but will be one determining factor if more than one firm is deemed qualified to perform the work required o ° the prof t.
FEES Evaluated: (PROPOSAL. PRICE SHEET)
The evaluation panel s y, if it d ems ecess ry, elect certain proposers for r; I interviews and/or presentations, Intervle apply only to the top finalist(s), as determined by th ev I ation p nel. The oral interviews will allow finalists to demonstrate their and rstanding of the project objectives and to articulate their c pability to me t or ex ed the °° qui ° w,ments of this RFP. 9
The project will
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
C ENT FERENCES
Finns are uir to list at least five (5) prof ssional mferen « three of which shall be in municipal or public agency referee related to an aquati fucillty. Please list your client referee in the endlx section of this RFP and include for aach one the following information: a complete d criptl of the workiservi s p: ;w vided, the name of the client, and th contact Info tion of the client, including telephone number, and/or add o The information ng the rklservf s provided for ch client must be no mo an fv (5) y rs old.
LEGAL INSURANCE REQUIREMENTS
Th insuran
B) are manda
quirements listed In the sample consultant
for the consultant.
O ER C ''` QUIREMENTS
n
Attachment
Th, City reserves the right (i its sole dis n) to reject any or it proposals, The City shall consid r all prow " als based on the entire the pon to this RFP, The City ri ht to negotiat !c requirements and cost using th se ed pro a col is,
The City e
rogue t oral In
right to request additional i
n from Firm and to
The City also rese the right to - , jest all RFP's if they are d the City's needs. Late or incomplete proposals will net be rese „ass the right (in its sole discretion) to determine the comp AV ,.. ,1 , LE BACKGROUND MATERIALS
unsuitabi to meet
d, nd the City
s of all RFP°s.
The following is a list of available background material:
Original drawings of the building and sits, constructed in 1959.
The City d s °„ot wa,; .. nt th w cy of the information contained in this d
SCOPE OF SER
E
T project sh be designed to m
t of ; ,,; pa
Project Pert l — P
Program V rifiication nd F slbi
C
e
11 nt poroject budget of $12 million,
of pproxlmate dur ,Cons s follows:
nd Budget V lion
ks
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
shall prepare meeting agendas prior to the meetings and summaries after the meetings.
Produce the concept and schematic designs for review and approval by the City.
Site and building designs should be modeled and produced in 3-D CAD with plans and full color presentation perspective renderings that are submitted in Adobe Portable Document Format (PDF) and other eiiectr nic formats acceptable to the City.
Construction cost estimating at the end of each design phase milestone, submitted with the design drawings and specifications.
Prepare materials and reports for presentation of at least (3) three preferred design options for review by the City Council ad -hoc committee, Consultant attendance and presentation of materials at up to (5) five meetings may be required.
Prepare materials and reports for presentation of at least (2) two preferred design options for City Council consideration. Provide pro/ n analysis cost estimates, and schedules for all options presented,
Project Part 2 — Project Ign end Construction
Produce design development, construction documents, permits, bid drawings, and technical specifications. Drawings should be produced and submitted to the City in AutoCAD and Adobe Portable Document Format (PDF). incorporate construction phasing into the construction documents as required.
Incorporate option for issuance of separate demolition, site clearing, and utility package, if necessary, to align completing date with standard swim season.
Submit the project for approval from the Los Angeles County Department of Health, the State Division of Occupational Safety and Health (Le., ROSH — State Amuse nt Ride Inspectors), and all other authorities having jurisdiction on this project, including responding to their comrents, modifying the drawings and specifications as required, and resubmitting as many times as required to obtain approval.
Submit the project for a building permit, including responding to Building inspection Division comments, modifying the drawings and specifications as required and resubmitting as many times as required to obtain a building permit. 13
RFP DE N, .:CN RE AND
ENGINEERI SERVICE FOR
FORD PARK AQUATI w R
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RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
2020
PROFESSIONAL SERVICES AGREEMENT
(Engagement: DESIGN, 'CHITECTURE D ENGINEERING SERVICE FOR
FORD PARK AQUATIC CENTER)
(Parties: City of Bell Gardens and INSERT CONSULTANT NAME) ) ,4 ..,. . T(W....(,C..AT. ,,.V.,«..I
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation (City") and INSERT CONSULTANT NAME ("Consultant").
2. RECITALS
WHEREAS, City has determined that it requires the following professional services from a nsultant: Design, Architecture and Engineering Service for Ford Park Aquatic Center; and
WHEREAS, City issued a Request for Proposals on September 23, 2020; and WHEREAS, Consultant represents that it is fully qualified to perform the professional services described in this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the s and conditions set forth in this Agr ment; and WHEREAS, City staff has determined that Consultant possesses the experience, skills and training necessary to competently provide such servi:., s to City; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as folio
3. DEFINITIONS,
3.1 "Effective Date": Date of when Agreement is fully executed by all Parties. 4, SCOPE OF WORK
4.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain Request for Proposals of City entitled "DESIGN, CHITECTURE AND ENGINEERING SERVICE FOR FORD PARK AQUATIC CENTER" issued September 23, 2020, (hereinafter, "City RFP") and the written p posal of Consultant entitled "INSERT TITLE OF CONSULTANT PROPOSAL" (hereinafter, the "Consultant Proposal") dated INSERT DATE OF 17
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
person or entity for whom Consultant was not working at the Commencement Date If both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.
5.7 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified In the Scope of Services. Ali such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant sh; II Identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent.
5.8 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and ail schedules of performance;
5.9 Ail of Consultant's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and
5,10 All of Consultant's employees and agents (Including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.
5.11 The Parties acknowledge and agree that Consultant will perform, at Consultant's own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consul nt's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will «; commenced .immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City epresentative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and gree that CITY has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant's profession.
COMPENSATION
19
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
employees of City. Consultant is not, nor shall become, by virtue of rformance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.
9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
1O INDEMNIF1CATI.4N
10.1 The Parties agree that City and City's elected and appoint, officials, officers, employees, agents and volunteers (hereinafter, the "City indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the xtent required by Civil Code Section 2782.&, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. 102 To the fullest 'extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every ature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
10.3 City shall have the right to offset against the am+unt of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant's failure to either pay City promptly for any costs associated with Consultant's obligations to indemnify the City Indemnitees under this Article, or related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws. 21
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification obligation shall be reduced in proportion to the established comparative liability.
10.9 WO O ALL OT ER P R O S N Nd)ESI N Pi SSIONALS:
Except as otherwise provided and r Section 102 of this Article, above, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the City indemnitees from and against ail liability, lose, damage, expense, cost (including without limitation reasonable attorneys' fees, expert ws and all other costs and fees of litigation) of every nature to the extent cau= by Consultant's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of Consultant or Consultants officers, employees, agents, servants, contractors, subcontractors or subconsuftants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnftees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expen4 and costs not otherwise subject to subsection 10.2, above.
10.10 As to th W duties to indemnify under Sections 10.1 and 10.2 of this Article, above, City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any Indemnification arising under this Article and related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.
10.11 As to the duties to indemnify under Sections 10.1 and 102 of this Article, a ve, the obligations of Consultant under this Article will not be limit by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employe M s, agents and authorized volunteers,
10.12 As to the duties to indemnify under Sections 10.1 and 10.2 of this Article, a l ;I ve, Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. in the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or Injury to any 23
REP DESIGN, ARCHITECTURE ANL)
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon. 11,5 At ail times during the term of this Agreem ant, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s), 11,6 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. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or r,+uced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word endeavor" with regard to any notice provisions.
11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insu ance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be iri excess of Consultant's insurance and shall not contribute with it,
11.9 Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or setffinsured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
11.1€t Procurement of insurance by Consultant shalt not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
12. UTUALwCOOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.
13. RECORDSANp !NSP'ECTiONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right 25
RFP DESIGN, ARCHITECTURE AND
ENGINEERING SERVICE FOR
FORD PARK AQUATICS CENTER
provided under Section 17.2, below. If this Agreement is terminated as provided herein, City may require Consultant to provide ail finished or unfinished Documents and Data, and other information of any kind prepared by Consuttant in connection with the rformance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 17.2, below, will operate to prohibit or otherwise restrict City's ability to terminate this Agreement for convenience as provided under this Section.
17.2 in the event either Party falls to 'form any duty, obligation, service or task set forth under this Agreem nt (or falls to timely perform or properly perform any such duty, obligation, service or = sk set forth under this Agreement), an event of default (hereinafter, Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (h reinafter referred to as a °Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (III) a date by which the Event of Default will be cured, which will not be less than the applicable cure 4 rind set forth under Sections
17.3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cu to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Defautt within the applicable cure riod or any extended cure period allow + under this Agreement
17.3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CiTY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure * w ricd. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or
ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for addition, i time to cure the Event of Default upon a showing that CONSULTANT has comm need efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within w 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3(i1) that exceeds thirty (30) calendar days from the end of the Initial 14 -day cure period. 27
RFP DESIGN, ARCHITECTURE AND
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FORD PARK AQUATICS CENTER
event of any breach of this Agr ment, City, in its sole also pursue any one or more of the following remedies:
i. Upon written notice to Consultant,
terminate this Agreement in whole or in part;
Upon written notice to Consultant, the City may extend the time of performance;
nd absolute discretion, may
the City may immediately
The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.
17.9 Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.
17.1©. In the event City is in breach of this Agreement, Consultant's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.
18. GENT! L PROVISIONS
18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, mantel status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter 29
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RFP DESIGN, AR RE AN
ENGINEE
FORD P K AgUATI CE
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au o
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10. Appendix oonthnied
CONCEPTUAL SITE PLAN (50 METER PO OL)
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PROPOSED SERVICE
PHASE 4: MASTER PL
TASK 1 PR OJECT F
Obtain all d ocumer
from the City pew;
i ncluding available t
b oundary survey, sc
title report, base m
of e xisting building!
In general, we antic
resources will be fu
Exi sti ng geotechriic
1, € em ographic prc
survey (as a vail at
2. Space requireme
3. St aff projections
4. Financing plan (a
5. As -built informat
buildings. f acilitk€
6. Any other st udies
(pr ogram, analys
One (1) m eeting wi 3
prepared program r
discuss preliminary
Assist City staff in is
ADH OC Board Men
to meet the needs
C. Review State and Ic
D. Acq uir e availabl e (e
E. Conduct visual anal
sports fields, utilitiE
ra katar+rch rrc
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1O Appendix
RJM DESIGN GROUP, I NC. offers its (ie nts person alized s ervice th at is d eli vered on time and within budget. The pri ncipals of RJ M maintain perso nal involvement in all aspects of the project .
Our success is based on our ability to perform, rneeting the needs of the client and the project .
Here's a list of clients from the past 5 years, Ple ase feel free to c ontact them as we are s ure they will share their success stories of projects we have helped them accomplish .
Cllent:
Chris Hazeltine
(no w City Manager in Poway)(
CITY OF ENCINITAS
505 S. Vulcan
Encinitas, CA 92024
(858) 668-450
c, ha ze [email protected]
Client:
George Chapjian
CITY OF GLENDALE
(Fo rmer Directo r - Parks and
Community Serv ices,
City of Glendale)
County of Santa Barbara
Co mmunity Se rvices Department
123 E. A napamu Street, 2nd Floo r
Santa Barba ra, CA 93110
(805) 568-2461
gchapjia nsbparks.o rg
Clien t:
Eric Lopez
Public Works Director
CJT! OF LON G BEACH
411 W, Ocean Blvd,
Long Be ach, CA 90802
(562) 570-5690
eric.iopez@iongbeach,gov
Clien t:
Ke ith Rattay
Assistant City Manager and
Director of Public Service s
CITY OF MISSION VWJO
200 Civic Ce nte r
Missio n Viejo , CA 92691
(949) 470-3018
krattay@cityo €missionviejo.o rg
Proje ct Descripti on: Principal in Ch arge:
Encinitas Community P ool Larry P, Rya n
Project Descripti on:
P acific Park Pool
ect Descriptio n.
nt Plaza Pool
cipal in Charge:
P Ry an
Principal in Charge:
Larry R Ryan
Pro ject Description: Prin cipal in Charge
Marguerite Aquatics Center Larry P. Rya n
C. Prepare preliminary
including, but not li
parking are a, aquat
potential slides and
rooms, restrooms,
general seating anc
D. Project Budgeting
Services relating to
programming and
Conversion
Developmer
Evaluatio n o
Applicati on
Estimates of
utilities, see
E. Meet with City for r
F. Refine site and aqui
G. Prepare digital ores
presentation to Cit.)
H. S ubmit "refined" fin
staff in preparation
1. Prepare f or and attE
9. Pr oj ect Schedul e
tZ6 JO Z£L abed
PHASE II: FIN AL DES
TASK 1 DESIGN DE
The design development p
based up on the appr oved
in order to fix and describe
architectural, aqu atics, civi
giv en to availability of m at(
analysis of c onstr uction, u!
selectio n of materials, t ext
A. Prepare final d esigr
and mechanical enc
plans, e xt erior built
Prepare pr eliminary
site a ccess studie s
C. Prep ar e preliminary
D. Prepare preliminary
el ements, deck, an,
the new aquatics ar
E. Prepare preliminary
F. Pr ovide s ample ima
G. Attend two (2) revk
to initi ating final col
H. Prepare for and attE
package.
MEETINGS:
PRODUCTS:
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5. Snb cozuttartt Project ed
Christian CLARK SEW CLARK, 1NC.
Goerrissen RIMMKS APRTI.,WMFU NTIMa
Clark Self Clark
Project Man ager, Field Staff
Perc en tage of time to be dedicated to project 3%
Cla rk Self Clark, Inc, (CSC) is a multi -disciplined en vironmental cons ulting an d compliance ma nagem ent firm focusing on hazardous materials surveys, health risk ev aluati ons, abatement oversight and remedial action implementation. CSC provides a full range of integrated services from. conceptual design thro ugh field implementation both as a Prime C ontract or ar d as a subco ntractor to major envir onmental restoration co ntracto rs and public agencies throughout California. Since the late 1980s, public, industrial, and private sector clients have relied on CSC to develop, maintain, improve, and amend int ernal environmen tal po licies as rules, re gulations and environmental best management practices changed.
Educatio n
• B.A./2004/Enviro nmental Biology, California State
University, Northridge, Northridge, CA
Ce rtifications
• Cal•O5HA Certified Asbestos Consultant #00 2B40
Cal-DPH Accredited Lead Inspector / Assessor / Monitor
#13462
Relevant Experience.
• Metropolitan Water District, Haz ardous Ma terials Site Investigatio ns. Perfo rme d pro je ct management and
hazardous materials site investigations including
as sessmen ts for a sbestos containing materials, lead -based paint, po lychlorina te d bipher'yis and mercury. investigations we re performed at occupied facilities in order to aid in plannin g fo r re nov ation and constructio n projec ts and in residential bu ildings that were slate d fo r demolition.
California Department of Tran spo rtatio n, Ce ntral Valley, A sbestos and Lead -based Paint Surveys. Co ndu cted
comprehensive a sbestos conta ining materials and lea d - based paint surveys of residential and commercial buildings that we re slated for demolition and generated repo rt of findin gs in o rder to aid the Department of Transportation (DOT), District 6 in facilitating the ro ad improv ement programs throughout Central Valley area.
Ventura County Department of Public Wo rks, Ventura Coun ty Medical Clinic Replace ment Project, Hazardous M aterials
6. Litigati on
RJM Desig n G roup has not been involved in a ny lawsuits within the past (5) years against the firm or its principals allegi ng misconduct and/ or n eglig ence ,
T. As .g - C onflict of
Interest Stat t
RUM Design Group ha s riot provided design service s to the City of Bell Gardens.
As such, Larry P. Ryan, Principal In Charge, rias no
knowledge of and asserts freedom from any c onflicts of interest from relationships with parties that are involved in disputes with the City of Bell Gardens.
RIM Design Group, I nc.
31591 Camino Capistrano, CA 92675
phone (949) 493-2600
P ool Mocha,
Undo
Meet
c. Mis o
d. Pipin
4. Pool El ectric
a. UndE
b. Sinai
c. Bonc
d. Cont
P ool Systerr
a. Struc
b. Final
D. Civil Engineeri ng
1. Demolition I
2. Title Sh€et/I
3e Precise Grac
4. Field Survey
5. Hydrology S
6. Horizontal C
7. Erosion C on
S. Water and
Sewer Plans
9. Wat er Quail -
10 , Pr oc ess for
Structural Engineer
Structural Ca
2. Found ation
3, Roof Framin
4. Structural ©,
tZ6 JO i£L abed
S.S+abco
Stephen Zajicek P.E.
FBA Engineering
Electrical Engineer of Record
Pe rcentage of time to be ded►c & d to proje ct; 20%
Stephen R. Zajicek has been active in the Electrical Engineering Field since his graduati on fr om the University of liknois in 1976. Mr. Zajicek has extensive e xperience in a wide variety of Parks and Recreational Facilities, Public Works, Educ ati onal, Municipal, Institutional, C ommercial, and I ndustrial pr oj ects.
His technical expertise includes n eeds assessments, energy audits, and the ability to develop multiple soluti ons to electrical pro blems faced by Owners and Building Managers.
Mr. Zajicek ha s ex tensive background in the design and construction of lighting, power, and control systems with emphasis on ene rgy -efficie ncy and sustainabillty . He also has pe rsonally designed and superv ised the design of fire alarm, telecommunications, television, public address and sound reinfo rcemen t systems, co mputer networks, and intrusion detec tion systems. He is also fa miliar with bidding and co ntract administration, includin g managed bids and phased c onstruction.
Te am c*sallarted
VA ENGINEERING
Education
• Un iv ersity of Illino is, BSEE, 1976 (Electrical Engin eering) Certification s
• Pro fe ssional Enginee r, CA, 1980 e Lic. #E10372
• Institute of Electrical a nd Electro nic Engineers ® IEEE • Illu min ating Engineering Society A IES
• Na tiona l Coun cil of Examin ers for Eragirieerin g and Surveying A NCEES Relevant Proje ct nee
Relev ant Proje ct Experience
• Esen cia Spo rts Park and Aquatic Recreational Fac ility, Ranc ho Mission Viejo, CA
This pro ject co nsiste d of a 50 -acre Spo rts Park with three Ball Fields, Soccer Field, P ickle Bail a nd Tennis Courts, Aquatic Facility, Co ncession and Restroorn Buildings. FBA was the electrical engineer of record, pre pared complete lighting, electrical po we r Con struction Documents.
• Anthony Muno z Co mmu nity Park, Ontario, CA
This project consisted of a New Community Cente r
with an outdo or po ol. The Co mmun ity Center included M ulti -Purpose Room, Activity Ro oms, Tot Ro om, O ffices and Kitchen. FBA was the lighting de signer, electrical engineer of record, and prepared complete lighting,
e le ctrical power Con struction Do cuments,
• Fullerto n Community Center, Fulle rton, CA
Chris Curry, IR DESIGN
Sole Pr oprietor
Glasir Design, Irrigation Design
Perc entage of tits to be d edicated to project 10 %
Chris Curry is an irrigation s ub -consult ant who understands the Model Water Efficiency Landscape Ordina nce to determine the water use f or aproject and in -turn d esign the irrigati on system to m eet the req uirements of the Ordinance. He is familiar with new w ater sa vings tech nology to meet the allow able water use requir ements. Glasir Design will ensure the project sh ows the pla nting hydro zones to be comp atible with th e irrigation desig n, For the p ast 10 years Chris ha s prepared irrigation plans for RJM park pr oject s. Chris has over 19 years' exp erien ce in irrigation design, landscape architecture, and landscape constructi on, His foc us is on the efficient use of wat er in the landscape . He h as bee n reward ed f or his eff orts by bei ng chosen by the United Stat es Envir onme ntal Pr ote ction A€3ency as the WaterSe nse Irrigatio n Part ner of the ye ar for 2011. He is only the s econd irrigation design consultant chon for this award which shows his commitment to the en vir onme nt through sound water cons ervati on practices.
Education
• B.S. Landscap e Irrigation Science ! Californi a Polytechnic University, Pom ona, CA
Licenses
• US Environmental Protection Agency (EPA) W at erSense irrigation Partner ® 2011 EPA WaterS ense irrigation Partner of th e ye ar • Professional Memb er of the American S ociety of litigati on Consultants 2011 So uther n C alifornia Chapter P resident R lstrat ions
Enviro nmental Prot ection Age ncy (EPA) Wat erSense Irrigati on Partn er — 2011 EPA WaterSense irrigation Partner of the year • Pro fessional Member of the American Society of Irrigation Co nsultan ts — 2011 Southern Calif ornia Chapt er President Certifications
• Irrigation Asso ciation - Certified Irrigation D esigner (CID) for both co mmercial an d golf
• irrigation Associa tio n m Ce rtified Landscape irrigati on Auditor Relevan t Projects
• Yo rba Linda Adven ture Play, Yo rba Linda, CA
The City of Yorba Lin da has undertake n a total r enovati on of their Yorba Linda Adventure Play. The renovation w ater features inc lude a wa ter slide to wer and 'wet' pad for play.
The irrigation design utilizes weather -based ` smart`
con tro llers with flow s ensing and au tomatic main line break shutdown fea tu res. A li ead irrigation fo r turf areas are done v ia high e fficiency rotors and all shrub a reas adja cent to water feature s and pools are irrigate d via subsurfa ce dripline irriga tion.
• Gra nt Howald Pa rka Ne wnr t FPPpAth r'4
During this phase, the Con
co nstruction of the pr oject
be pr ovid ed by the City, an
manual will be produced. C
submitted again at 100% c
At each step of co nstructic
appr oval of construction di
and CAD© files of the appr
Not e: Specific ati ons shall t
con nected with this projec
provided by the City= Incori
MEETINGS: 3 Cor
PRODUCTS: C ons
TASK 3
BIDDING
(Final scope
i. e. prequalif
A. BIDDING PROCEDURES
The Consultant shall assist
conflicts arising out of the
Addenda to the contract fc
modification made to the c
and assist the City in revicA
TASK 4 CONSTRUc
(Final scope
The C onsultant T eam shall
period to generally review
review quality control stan
documents for c onstructic
co nsultant f or appr opriate
c ommunications sh all be a
by City staff, issue req uest
and issue recommendati on
Consultant on a monthly b
th e contract docum ents, A
tZ6 JO 9£L abed
5e 5ubconsiiltatt Project Teaatt or c ea
Doug Brow n, Architect, NCARB
SVA Architects, Protect Architect
Percentage of tune to b€e
dedicated to proj€ct: 20%
M r. Bro w'n's solid backgr ound it construction
a nvil proje ct manag ement has mane h€ a a
highly qualified member of SVA°5 d esign de velopment and production team, He has made extensiv e contrib uti ons in bo th the design acid management of several ci vic proje cts As Project Ma nager, he win maintai n coordi nation of project consultants, project schedule, and construction observation of his P=rote cts,
Educatio n
Master of Ar; hitecture Arizo na State University, Tempe, AZ Bachelor of Architectural Studi€es, Ari
Tempe, AZ
Licenses
Californ iaArchitectcense: C-30818
t Project Experience.
o ndo Union nigh School Gymn asium & Aquatics Center
o ndo Beach, CA
P
4s Phase ll Cf =he a? w Athletics ._cr€,p!eX: this ne w 29,-0005F facility contains a n ew full-size secondary
gymnasium as well as fitn ess and lo cker -o omsa dance classrooms, pool lockers, and offices. The
foe aquatics
facilities or the lo wer level has a 25 yard by 4G -meter outdoor pool with bleacher seatin g and a custom -
designed translucent cano py,
City of Irvin c Great Park Administrative Buildin g, it i r', CA The new Great PariK Administration Building t( be lo cated n=ear the Oran ge Ballo on is approximately 28,0005F The co mplex co ntains the fcllo wi` �g functio ns: Contmunity Se rvice s, Public Safe ty, Building M ain ten ance , and Stai` Ope ration al A reas, The overall project also in cludes a parking lo t an d sign ificant amo unt of site vvO rl( totaling close to `=cur acres.
City of La Ha bra Civic Cen iter, La Habra, CA
The project relocated the existin g civic cen te r to a business complex as it ha d outgrown its space o ver the years, The two-story office complex was fully _,averted to a new City Hail which houses administration, finance, c ommunity dev elopment, public works, and en gineering, ali or`g with a Post Office and an art museum.
is
Dean Hawkins, LEED AP BD -C
SVA Architects, LEED Coordinator
P erc entage of time to be
dedicated to project: 1O%
Mr Hawkins has more than 75 years of
exp erience i tl.e r hit aural industry including
managing aging c1§ rc, utilaty, tr r1 7 5 i a= , m utifami institutio nal, commercial, t crica', educ ati onal, a nd rrllitary proj ects thro ugh all phas es of planni ng, ass pssrnz rt, d sign, and c onstructi on . ,fin{=inistration, H3`° also spzcializes in maximizing sustainable ciesign opp ortunities and coordinating Lio n pr ocess ,
Education
Bachelor of Archit ect ur e, California Polytechnic State 'University, Pomona
Professional Affiliations
J ,S. Green Building Council Leader in Energy and Environmental Design Accredited ed Professio na
-Relevant Protect E xperience
West Basi n M unicipal Water District Edward C, Little uteri R yc'ing F acility Vi sitor Center Renovation , El 5eg unver, .
The project includes reco nfiguration of the existing large co=nference ro om constructi on of new large divisible
me eting/co nference room, restro oms and storage rooms; remodeling of the rec epti on and front office space ar ea, a nd relocation of the con=trol r oom, It also includes a multipurpose visit or centerlexhibit ro om that includes t terpretive exhibits,
Yo rba Main tenance Building Remodel, Yor'ba Linda, CA
The project includes the renovation of the e xisting
Mainten ance Yard Oae.rati ors Office/Building a; Y©rba Re gion al Park _ ORE) the building will be rec onfigured to pro vide, is one new (additional) offic e, supp ort spaces anc on e sho rrar, rlrestro m tha t is to be fully c ode/A DA comniia nt and ADDA accessible.
Park Water Co mbiany, Do wney, CA
Serv ing as the Pro je ct iianaaor, Dean was res,porsioie for preparing an Asse ssment & Reco mmendatio ns Rep- o,t
t ap t docu me nted the existin g bu ilding systems with re commendations fo r upgra des aria relo cation cf support ope ratio ns within the building, Multiple sta ff in terviews With the PWC staff were conducted to determine spatial
relationships and requirements , He &so de veloped a LED analysis an d determine d that the building could attain at Constr uction Document Pi
When developing projects
checking and producing cc
based on our e xtensive ext
produc e th e documents th
preparati on. Constant nevi(
Documents are cor
One p erson checks
The person r espon°
the drawinprs.
Individual c onsultar
(Utility connecti ons
Our "Lessons l earn(
A Principal not assc
City reviews and an
Our firm strives t oward the
documents.. Furtherm ore,
control and effectively cart i
sential for the pr oject_it
e a tremendous asset. If
during c onstruction that ar
tam who will give your pro
initi al re view.
Public Bid Process
We produc e c oordinated a
arena, The vast majority of
turn, the majority of our co
service and our proven rec,
arid proven methods for he
de velopin--rig accurate COST €
P ublic Art
We p ossess extensi ve exp(
most effectively starts in tf
constructi on documents . \
incorporating the artist into
public to "create" piec es of
4Recent Projects continued
tZ6 JO 9£L abed
City of San Diego San Ysidro Library
San Ysidro, CA
Service s Full Architectural Services
De sign Co st $764,797
Construction Co st $12,8M
Primary Consen t
Michael Baker Intematio r•,al, KPFF,
Vene idasen Asso ciates, Wimmer
Project Summary
The original San Ysidro Branch Library was built in 1924 and was only 4,089SF.
It lacked meeting rooms, a computer lab and onsite parking prov ing to be outdated and inadequate fo r the San Ysidro community. The pro ject in volved the design a nd construc tion of a ne w single -story library of approxima te ly 75,OOQSF and the resto ratio n of the existing de signa te d historic home, The library building consists of Entry/Community Serv ices, Computer Lab, Reader Service Area, In formal Reading/ Tyler 'r
Role: I
RIMC
P erce nt
dedieso
Tyler P;
for RJi,.
in Arc
urvey
Ar+alys •
cies (public or private) a rob,
n eeds/desir es of the comm:
w ays for th ose community ►
The geo-r efere nced capabili
to graphically analyze the de
gr eater underst anding of co
relates to ge ography provld•
for s ound planni ng and deco
thes e tools together essent
and ' wh ere',.
Edu cation
• Bachelor of Sci ence, Coll eg e c
Land scape Archit ecture Cal
P om ona o Mag na C um Lauc
Saddleb ack C ollege A Dea n'!
Skills
• AutoCAD, Adob e Cr eative Sur
Project Experience
• Sommer Canyon Park Rehabil
• Crawford Canyo n Park, North
• Dearborn M em ori al P ark, P ow
• Downtown First Street Pedest
•t sencia Sports Park, Ra ncho h
• Grant Howaid Park, Newport I
• Gypsum Ca nyon, Cemetery, A
• M5/SR-79 Tem ecula Parkway
• Linc oln Park, Long Beach, CA
• L ong Beach Round -a -B out, Lc
4. Re cent Projects continued
tZ6 JO L£L abed
La Habra Civic Center
La Habra, CA
Start/End Dates 2015-2017
Se rv ice s Full Architectu ral Serv ices
De sign Cost $661,039
C instruction Cost $14 £M
Primary Consultant
VCA Engineers, Design' Jest
Pro ject Summary
After outgrowing their old civic center, the City of La Habra partnered with SVA Arc hite cts and DLS Builders to conv ert an existing business complex into a spac io us an d modern 21st ce ntury civic center, The fa cility features ample space fo r La Habra's City Hall, along with all civic departments (administration, finance, community development, public works, and engineering), as well as a U.S. Post Office , new po lice department ev`dence storage, and a multi -use tra ining/workshop space. A key design fe ature of this pro ect is the trans forma tion of an ex terior Santa Clarita A
Santa Clarita, CA
C ompletion Date 2103
Project Site 5 acres
Design C ost $i.5M
Construction Cost $12tM
Pr oject Princip al Larry Ryan
4. Re cent Pr ojects cos►ti nu ed
tZ6 JO 8£L abed
De Mandel Aquatic Center
at Occidental College
Lo s Angeles, CA
Start/End Dates 2016 to 2019
Se rvice s Aquatics Architecture/
En gineering Se rv ice s
Design Cost $95,000
Con struction Cost $1. 4M
Primary Con sultant
M oule & Palyzoldes
Projec t Principal
A1,..4. ; 10...14.+..... .
JONES it
MADNAVAN
AECII!TECTUtt
ENGINIMIN G
Project Summary
The primary pu rpose of this facility is to provide a venu e for NCAA swimming, springboard diving and water po lo. In o rder to acco mmo date this, th e po ol is comprised a rectangular po rtion that is 35 -meters by 25 -yards with water depth ranging from 7' to 13. This wate r envelop ensu re s NCAA requirements are met for aquatic competitio n up to national c hampionship leve l.
The po ol also has a 35' dia meter circular are a that pr ovides a recreation c omponent.
This portion of the pool has shallow wa ter and a la rge stair are a des igned for loun gin g.
Pacific Park Po
Glendal e, CA
Completion Date 2011
Pr oject Siz e .75 acres
Design C ost $827,000
Construction Cost 53.47M
Pr oject Principal Larry Ryan
IT "V'
FE P P
tZ6 JO Ot'L abed
pro fessional services fee:
FEE H
P
u
PRO JECT EAMIUARIZATION
TASK1 EVALUATION OF EXISTING CO NDfT1ONS
TASK 3s CONCEPTUAL DESIGN
P
P
TASK 1a DESIGN DEVELOPM ENT
TASK L. CONSTRUCTION ; UMENTS
TASK 3: RIDDING
T 4t C O RVATION I ADMINISTRATION
V
PRO JECT RTAL / E D O PM ENT
CONSTRUCTION GR WITH 364° AERIAL PHOTOG
PROVIDE IN TERNSHIP OPPORTUNITY TO LOCAL STUDENT
This fee su mmary represents ou r current u nderstanding of the pr oj ect scope and complexity associat ed with an estima ted "construction budge t° of +/m $10,965,QQ©. The scope of work and associated fees are subject to r efi nement at Client's request,
47 14
us 15% administrative fee In addition to the ab ove
Prin ting, plotting, copying, scan ning, pho tography, graphic expense s Delivery, shippin g, and h ll of docume nts
Permits, plan check,
City business license
Soils testing
PA e
Payments are due and payable on a rnonthly basis following the completion of any substan tial pha se of work. Carryi ng charges for overdue accou nts .. nd 30 da ys of billing da te are charged at 11/2% of the amount due, ccrn pounded monthly, ADDI
Profession
Clients reques
ifically identifie d in the scope of work will be co nside red a ddition al sew s y Consu ltan t's stan dard ho urly ra tes. service s may inclu de, but are ii tap Addition al mee tings, tatjons, or site visits d tho se identified in the scope of wo rk.
Exhibit preparation beyo nd that identified in the scope of work Re visions to documents required as a result of c In Client's direction; changes subsequent to Client's a
C
Client agrees. to
hourly rates* bel ow;
OU Y
Compensatio n for additional ser
Princi
Ass
Landscap e
J ob Captain f Landsc ape Designer
C ADD Tech nician / Graphics
Cl erical
e
Senior Prof
Prot ect Manager/Architect
Job Captain
Int ermediate Technical Dzigner
Junior Technical Designer
2 -Man Survey Crew (N/A)
ela n Survey Crew (N/A)
VP/
Ass ociate / Project Ma nager
Construction Supp ort
Electrical Designer
CAD / SI M Desig ner
Technical Typist
tZ6 JO I f7L abed
rd Park Aquatic Cen
Task Description
OPME
TASK 'l b SUBTOTALS
TASK a TO TAL FEES
( TASK 2 - CO NSTRUCTIO N
TASK 2 -SUBTO TALS
TASK 2 - TOTAL FEES
landscape
architect
IT
Project Part 11
RJ M De-si
Group
SUB--CONSULTA
Jones & Clark Self ' S o. C
CivTec ` Madhavan : Clac SJA Geots
1 aquatic environ, architect,
Cavil engineer; structural,
consultant enginccr
�Rnni
TASK 3 - SUBTOTALS 5,4 1,2 3 00
TASK 3 - TOTAL FEES I $18,450
ITA SK4 - CO NSTRU
TA SK 4 SUBTOTALS
TASK4-IOTA!
PRO JECT PART H - FEE GRAND TOTAL
,0 0 2
5.000
94,2
149
212,00
30 $23,575
geotE
engir
70 650
06,350 —
5 350 a S0 - $400,425
$868,425
The above estima te d fees for Part ii are based on the an ticipated sco pe of work ass ociated with a co nstruction budg et of $1( welcome the o pportunity to me et and discuss the scope of work once the c onstructio n budget has been id entified, project eh !renov ation /replacement of existing infrastructure required.
6
31591 ti(O R C apf TT ,Re
w§rte',R91,19 - 11TOVpn on
19491 493-2690
?948 493-2600
April 18, 2022
Ms. Grissel Chavez
Director of Public Works
City of BeII Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201-3293
RE: Ford Park - Additional Services:
Playground Additional Services
Dear Grissel:
RJM Design Group, Inc. is excited to submit this letter proposal for additional scope of work for the Bell Gardens Ford Park Playground and Restroom Improvement project. The reason for this request is the city's direction to assembly just the playground area for construction documents removing all the other Crop -Yard area improvements form the construction plans. These additional services also include adding new parking lot lights to the east parking lot in Ford Anson Park. These services shall be provided by RJM, Glassir Irrigation Design, FBA Electrical Engineering and our Civil Engineer CivTec.
Thank you for allowing us the opportunity to assist you on this project. We also welcome the opportunity to further discuss your project with you. We Zook forward to the opportunity of developing a long-term relationship with the City of Bell Gardens, and to assist you in the design and development of this exciting and challenging project.
Sincerely,
RJM DESIGN GROUP, INC.
Eric Chastain
Principal Landscape Architect
APPROACH
Our extensive experience as Prime Consultant on a wide variety of Park and Recreation projects provides our Team with a demonstrated list of advantages. This experience and lessons learned" provides our team with a dear outline as to how successful park facility projects should be designed and built.
PLAYGROUND/SU SI-!NE UILDING, EAST PART G LOT LIGHTING kEPACKAGING
BID SET
The design team shall identify new BMP policies and direction from the city for the project demolition (publicly bid) package and ensuing construction improvement plans for the new playground and restroom as well as the East Parking Lot Lighting Project improvement plans (added to the new site lighting plans) will be separated into the following:
A. Coordination with Public Works staff to separate demolition plans and specifications for the demolition of the existing restroom and adjacent playground area into a separate public bid package.
B. Prepare separate construction improvement plans for the playground area only for improvement construction by Miracle Playground installers.
C.. Prepare Separate WQMP/Phased Design for playground improvement area only, D. Preform one (1) site visit to review existing conditions at the east parking Iota E. Review as-built/record electrical drawings.
F, Coordination with city's camera contractor for the removal of security cameras and reinstallation to the new parking lot lighting pole.
G. Select and specify led lighting fixtures and poles.
H. Prepare photometric calculations.
i. Add parking lot lighting fixtures, poles, and circuiting to the park lighting plans.
J. Pole base details.
K. Details as required for removal of existing security camera and installation.
L, Title 24 documentation.
M. Structural calculations for pole bases.
22-055 Bell Gardens Ford Park Playground Additional Services 2
FEE SCHEDULE
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the ford Park East Playground project. This fee includes all costs to be incurred by R Design Group, Inc. Fees for the work are as follows:
1, Repackage Demolition Plans and Specifications
2. Repackage Construction Documents
3, Redesign WQMP improvements
4, Electrical Additions & Modifications
5. Reimbursable Expenses (for Aquatic Center, Playground)
TOTAL FEE
$ 3,500
$ 8,400
$ 3,800
$ 7,600
$ 40, 00
Q.
When incurred, the following rojec't expenses will be billed at cost plus 15% administrative fee as included with the professional services fee above;
Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
m Soils testing
P
payable
beyond 30 the
completion il ontof any substantial phase
Payments are due and a °,kale on a monthly basis folio
of work. Carrying charges for overdue accounts y are charged at 1'02% of the amount due, compounded monthly.
Professional services n not spec cagy identified in the scope of work will be considered additional services and rtaay be performed at Client's request, reimbursable at Consultant's standard hourly rates.
Additional services may include, but are not limited to:
Additional meetings, presentations, or site visits beyond those identified in the scope of work.
Exhibit preparation beyond that identified in the scope of work.
Revisions to documents required as a result of changes in Client's direction; changes subsequent to Client's approval; or changes in governmental codes or regulations.
Design of improvements beyond the designated project site, or due to changes to project phasing schedule.
• Specialized billing or accounting forms, invoices, spreadsheets. • Engagement of other consultants not specifically identified below. 22-055 Bell Gardens Ford Park Playground Additional Services
Compensation for additional services will be billed hourly at our standard rates* below:
Principal Landscape Architect
Associate Landscape Architect
Landscape Architect
Job Captain / Landscape Designer
CADD Technician / Graphics
Clerical
Principal
Project Manager
Project Engineer
Project Surveyor
Design Engineer
Drafts,erson
Project Assistant
2 -Man Survey Crew
3 -Man Survey Crew
C -(electrical enginee
Principal / Project Director
V.P. / Associate / Project Manager
Construction Support
Electrical Designer
CAD / BIM Designer
SITE OBSERVATION
IRRIGATION DESIGN
PLAN CHECK
$175 - $195 per hour
$160 - $170 per hour
$145 - $155 per hour
$130 - $140 per hour
$115 - $125 per hour
$ 85 per hour
$175 per hour
$140 per hour
$110 per hour
$120 per hour
$100 per hour
$ 75 per hour
$ 60 per hour
$265 per hour
$345 per hour
$ 240 per hour
$ 185 per hour
$ 155 per hour
$125 per hour
$105 per ho
$135.00 per hour
$110.00 per hour
$110.00 per hour
*charges for subconsultant services are billed at cost plus a 15% coordination fee.
Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.
Hourly rates will be escalated each August 1° in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2022. Provisions for fee escalation pertain to all contract extensions and additional work. 22-055 Bell Gardens Ford Park Playground Additional Services 4
EXHIIT
APRIL 2024 SUPPLE E TAL CO SULTA T'S SE VICES
6
Apri1116, 2024
Mr. Bernardo Iglesias
Director of Public Works
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201-3293
RE: Bell Gardens John Anson Ford Regional Aquatic Center, Haz Mat & UST Oversight Re: Proposal for Professional Design Services -Bell Gardens JAFPRAC Dear Bernie.
We are pleased to submit this scope of work and fee proposal for the John Anson Ford Regional Aquatic Center Project Haz Mat and UST Oversight, Testing and Closure.:
1. UST Removal and Closure Support- $14,155.00
2. Asbestos Abatement Oversight and Clearance Inspections- $8,286.50 3, RJM Mark -Up for Administration - $744.50
TOTAL $23,186.00
This work requires additional scope from our Haz Mat consultant; CSC to oversee, test and provide closure to the UST and Asbestos remediation during the abatement process.
Compensation for the above professional services will be billed hourly not to exceed $23,186.00. When incurred, project reimbursable expenses will be billed at cost plus 15% administrative fee in addition to the professional services fees All other terms and conditions shall remain consistent with our original agreement.
Thank you for the opportunity to submit this proposal. We look forward to working with you on this exciting project.
Sincerely,
RJM DESIGN GROUP, INC.
Eric Chastain
Principal Landscape Architect
24.05081 Bell Gardens JAFPRAC Haz Mat & UST Oversight Add Service 4-16-2024
DESIGN
GROUP
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470 JoIla Wiese Drive
SS LOO
Saga Dkj , CA. 021222
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CE TtFICATE OF LIABILITY INSURANCE
AS A TTeR OF INFORMATION ONLY A D CONFERS NO RIGHTS UPON THE " I ICA AlTWE:LY ftR REI$A ELY END, OR ALTER 'THE CO RAGS A
ISURA64CE NOT C STIT A CONTRACT BETWEEN THE ISSUING
AND THE CEMIFICATE HOLDEFt,
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RAI Donlon Group, Inc.
31691 Camino Intr rt
San Joan Capistrano, CA EP 75
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d vraPaarntnem are Additional Insureds wwlth respect to l'acrierpal and Auto Liet:Ii y per the attached na raCa Primary and Non-Ce3ratr49aaataavy. Wier of Saalsrc>pa'd'esn aapp huc to OehoraI L°sahHEty need Workers'
TIFICATE HOLDER CANCELLATION
City of BEAT Gel:don
7100 GerNaId Ave.
ACORD 25 (2016403)
S.HOUh0 ANY OF THE ABOVE DESCRIESED POLICIES SE CANCELLED REHIRE THE EXPIRATION DATE THEREOF, NOfCE WILL RE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
6ALITNoRPZE85' R.EPRESENSATEVE
S ACORD CORD
The ACORD Hanle and logo am rT g4saterod marku of ACORD TIO " All no N FAata a
Named Insured; RIM Design Group, Inc,
Policy Number: PSAO r,t,2412
This endor ,"; merit m wMee insurance provided under the following:
BUSINESS AUTO COVERAGE~ FORM
A. Broad Form m„,rn> Insured
The following is added to the SECTION II
COVER ► AUTO LIAI3ILrTY COVERAGE,
graph A.1. Who is An Insured Provision:
My «' ,r ; nese entity newly ac qui ^= d or formed by you during the policy period, provided you own fifty
peroent (60%) or more of the business entity and the
business entity is not separately insured for Bus -
mesa Auto Cover . Coverage Is extended up to a
rnaximum of one hundred eighty (160) days
following the aoqu !non or formation of t business
entity.
This provision does not apply to any person or
organtazatktn for whloh coverage is excluded by
endorsement
Efnpboaes
The forlowirrg le ardd tc the SECTION II
COVER; AUTOS LIABILITY COVERAGE,
graph M. Who Is An Insured Prevision:
Any "empioyee"' of yours le an "insured" while using
a covered 'lute you don't own, hire or borrow in
your business or your * rsonal affairs.
Cm Man '+ + ; Addltnal Insured
The following is "' to tits Si8CT1 tl
COVERED AUTOS LIABILITY Para-
graph Al. Who Is An Insured Provision:
Any n or orgarzedon that you are ,rred to
irvaaude as an oral ineuured on ttds coverage
form rr, a rttr t cr agreement that es executed by
you ury" or 'property damage"
occurs is an "inter i d" for liability coverage, but orgy for damages to whiotr tt Insurance app at and
only to ,t , ti t n or organ on
qualities as an 'Grssurad° under the Who Is An
Insured provision contained in SECTION II
COVER AUTOS LIABILITY COVERAGE
The insurance provided to the additional insured will
be one primary and non-oonbributory '«fists to the
additional Insured's own business auto coverage If
you are required to do so in a contract or agreement
ttst Is ex by you before the 'bodily injury* or
°property damage" odours.
D. Blanket Waiver Of Subrogation
piiowing is added to SECTION IV — BUS1-
AUTO CONDITIONS, A, Loss Coed!','rrnts,
Transfer Of Rights Of Recovery Against
Others T Us:
waive any right of rroovery we may have a m Ins;
cry person or organization to r` ,t extent required of
you by a crontract executed prier to any "accident" or
PPA 300 0313
'loss', provided that the "aocktert" or loss' arises
out of the operations cosantt3rrrpla°r' d by such oorttract The waiver appiit only to the person or
organization designated in such contract
E. Employee Hired Auto
1. The folbwl st, Is added to the SECTION h
COVES AUTOS LIABILITY COVERAGE,
Paragraph A.1 w WhIs An insured Provision:
An "employee" of your is an "insured" while
operating an "auto' hired or rented under a
contract or agreement in that "employee's'
reuse, with your perrniesion, while performing
duties re tit the oonduot "' your business.
2. Changes in General Conditions:
Paragraph Bab. of the Other Insurance Con-
dition in the USIN AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hir@ ,w Auto P @I Oa p Coverage,
,
the . � �iowirig are FY",I'3r''';Y' a t Ped to i"�l'", o red 'snits" you own:
(1) Any covered 'auto* you lease, hire, rent
or borrow; and
(2) Any ooverad *auto" hired or rented by
your "employee' under a contract in that
individual 'employees" name, with your
permission, while performing
related to the oonduot of your business.
However, any "auto' that leased,
hired„ rented or borrowed with a driver is
not a coveted *auto".
F, Fellow Employe* Covers t,
SECTION II COVERE',+r' AUTOS UABIUTY
COVERAGE, Exclusion CO. does not apply If you
have workers com»rteatlon Insurance in-foroe
covering all of your employees.
G. Auto Loan Lease t p Co
SECTION Bl — PHY
C. Liamlt Of Insurance,
of the following:
ge
AMAOE COVERAGE,
ended by the addition
In the event of a totab "ions° to a covered "auto"
shown in the Schedule of Daciare Ira, we will pay
fly unpaid amount due on the fusee or .loan for a
covered "auto°, less:
1. The amount paid under the PHYSICAL
DAMAGE ;OVERAGE section of t' policy,
and
2. Any:
a, Overdue lease/loan payments at the lame of
nose;
Named Insured: R M Design Group, Inc,
Policy Number P Q 066
ERS COMPENSATION A PI OY t to
A R OFOLJ tfT RECO EAR FRO
We have the right to
our right against the
you perform work
N I aI CE POLICY
OTHERS RS NT A RICA
our payments from anyone liable for an injury covered by this policy. We will not enforce or organization na din the dole. (This agreement applies only to the extent that itten contract that requires you to obtain this agreement from us.) You must intain yrell records accurately segregate r the rem ration of your employees while engaged In the work ' scribed In the Schedule.
The additional pram
otherwise I¢. e on set r rm to ion,
endorsement shall
Pers or rantzanon
All persons o anizationc that are party to a
contract that requires you to obtain this
agreement, provided you ex ed the contract
tract
betore the loss.
by the Workers° Comp ens tl a, insurance Rating Bureau
cr workers
Schedule
Job Description
be perform for any person or organiW
have agreed with in a written contract to
reerr nt.
AU rights rosary d,
ion premium
n that you
tde this
Policy Number PSB00072(3
Named Insured: RIM Design Group, Inc,
RLi in ' ,nce Company
THIS ENDORSEMENT CHAN,ioES THE POUCY. PLEASE READ IT CAREFULLY, RLIPack FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endo ant modifies insurance provided under the follow; BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
1. C. WHO IS AN INSURED le amended to Include a
an additional insured any person or organizer• n that
you a' in a contract or yrysream ;t requiring
insu nee to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or In p r:rt by you or those sting on your !r =,halt
as in the performance of your ongoing operations;
b. in connection with premie+ owned by or rented
to you: or
c. in connection with "your work" and included
within the "product -comps ope yr Ions
hazard",
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance w „ ,, not apply on any basis to
any person or o,;tanizaation for which coverage
as an additions i + used specifically is added by
another endorsement to this policy,
b. This insurance does not apply to the rendering
of or failure to render any "professional
services",
c. This endorsement does not incre , Many of the
Ilmtts of insurance s tad in D. Ltabtttty And
edicai Expenses Ltrrrtts of Insurance.
3. The following Is added to SECTION iii H.2. Other
insurance — COMMON POUCY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II
LIABILITY)
However, if you specifically e in a contract .or
agreement that the insurance provid d to an
ALL OTHER TERMS AND CONDITIONS OF T
PPB 304 02 12
additional insane under this policy must apply on a
primary basis„ or a primary and non-contributory
basis, this insurance is primary to other Insurance
is available to such ditional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property darrrat" for
which coverage Is sought occurs attar you have
entered In * that contract or agreement; or
b. The "personal and advertising injury" for which
coverage Is sought arises out of an offense
committed after you have entered into that
contract or - , ,*,anent.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us - COMMON POUCY CONDITIONS ( UT
APPLICABLE TO ONLY TO SECTION II
LIABILITY)
We waive any rights of recovery wee may have
against any pennon or organization because of
payments we make for "bodily injury" ""property
maga" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agr ment with that
arson r organization. We waive these rights only
where you have reed to do so as part of a
contract or agreement with such person or
orgenization entered Into by you before the "bodily
injury" or "property damages" occurs, or the ''personal and advertising injury" offense is committed.
IS POUCY REMAIN UNCHANGED.
6
ww www.RJM rJesl
[949) 493-2690
949J 4113-2600
pistrana
CA 92679
oap.cam
October 1, 2024
Mr. Bernardo Iniguez
Director of Public Works
City of Bell Gardens
7100 Garfield Ave.
Bell Gardens, CA 90201-3293
DESIGN
GROUP
RE: John Anson Ford Park Regional Aquatic Center - Additional Services Dear Bernie:
We are pleased to submit this proposal for the John Anson Ford Regional Aquatic Center to include the following additional services:
1. Additional environmental support services
2. Architectural design modifications
3. Preparation of (2) bulletin plan sets
4. Preparation of record drawings
5. RJM 15% administrative fee
6. RJM bulletin plans, record drawings,
and project coordination
TOTAL
$45,871.00
$ 6,750.00
$ 8,472.00
$ 6,190.00
$10,093.00
$10,500.00
$87,876,0O
This work requires additional scope from our environmental consultant; Clark Seif Clark (CSC), to conduct PCB sampling and removal support, provide expanded UST removal support, perform expanded asbestos removal and clearance support, and prepare a survey report and SCAQMD approved Procedure 5 work plans per CSC's proposal letters attached.
Additionally, architectural design modifications have been requested to reconfigure the lobby entry doors and entry/exit gates layout and function, as proposed in SVA's letter attached.
Compensation for the above professional services will be billed consistent with the terms and conditions of our original agreement.
Please let us know if you have any questions on the above additional services scope.
We look forward to continue working with you on this exciting project.
Sincerely,
RJM DESIGN GROUP, INC.
Tyler Page
Landscape Architect / Project Manager
24-112 John Anson Ford Park Regional Aquatics Center - Additional Services
CLARK SELF CLARK, INC.
HEALTH & SAFETY • ENGINEERING • ENVIRONMENTAL
8/22/2024
RJM Design Group
Mr. Eric Chastain
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Subject: Amendment 1 — Environmental Support Services
Ford Park Aquatics Center
8000 Park Lane, Bell Gardens, CA 90201
Dear Mr. Chastain:
CSC Project No. 102952L03
3000052
Please find attached Amendment 1 to the above -referenced authorization for out -of -scope and expanded scope of services related to:
• Out -of -scope PCB sampling and reporting, removal oversight, and closure reporting • Expanded scope for UST removal oversight
• Expanded scope for asbestos removal oversight.
PCB Sampling and Removal Support
CSC was asked to conduct. PCB sampling prior to facility demolition activities. Costs for this support were not included in either the existing asbestos or UST project authorizations. PCB work included:
• Initial round of site -wide sampling
• Follow-up sampling within the swimming pool to delineate extent of PCB -impacted material
• Submittal of Technical Memorandum - PCB Bulk Sampling Summary (CSC, May 8, 2024)
• Review and comment on removal contractor work plan
• Oversight of removal action
• Signing waste manifest on behalf of the City
• Submittal of Technical Memorandum — Summary of PCB Removal (CSC, June 5, 2024) Costs for the additional PCB support is $5,390.00 as outlined below:
CSC Labor
PCB Laboratory fees
Expanded UST Removal Support
S4,305.00
$4,085.00
The initial UST removal support budget assumed no soil impact would be encountered during removal (i.e., clean closure). However, elevated concentrations of polycyclic aromatic hydrocarbons (PAHs) were detected below the removed tank requiring excavation. The expanded UST support services included:
PO Box 4299, Chatsworth, CA 91313' TEL 818-727-2553 • FAX 818-727.2556 csceicsceng.com - www.csceng.com
Project Name: Ford Park Aquatics Center — Environmental Support Services Project Location: 8000 Park Lane, Bell Gardens CA
CSC Project No.: 1029521.03
• Provide initial laboratory results and develop plan for soil removal • Provide additional oversight during soil removal
• Collect additional confirmation samples to confirm effectiveness of soil removal • Signing waste manifests on behalf of the City
• Additional closure reporting to include removal activities completed.
Costs for expanded UST support is $3,830.00 as outlined below:
CSC Labor
Laboratory fees
Expanded Asbestos Removal Support
$2,895.00
$935.00
CSC was contracted to perform asbestos abatement oversight and clearance inspections in conjunction with the facility demolition activities. The scope of work expanded during the project including the discovery of additional asbestos -containing materials, preparing approved work plans for the removal of these materials and incurring additional workdays. The expanded abatement monitoring services included the following:
• Provide sampling and laboratory analysis of discovered materials • Prepare South Coast Air Quality Management District (SCAQMD) approved Procedure 5 work plans for the remediation of the discovered materials • Perform project oversight for thirteen (13) workdays beyond the initial estimated five (5) days (18 days total)
• Perform clearance inspections for in -scope and additional work areas Costs for expanded asbestos removal support is $22,989.00 as outlined below:
• Asbestos Sampling and Preparation of reports and work plans • Asbestos Removal and Clearance Support
COST SUMMARY
The additional budget request is $35,209.00 as summarized below:
PCB Sampling Removal and Support
Expanded UST Removal Support
Expanded Asbestos Removal and Clearance Support
$2,790.00
$20,199.00
$8,390.00
$3,830.00
$22,989.00
Total $35,209.00
PO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 818-727-2556 [email protected] - www.csceng.com
Project Name. Ford Park Aquatics Center — Enviro esltai Support Services Project Location: 8000 P L e. Bell Gardens CA
CSC Project No.: 1.029521.03
We appreciate the oppor ty to provide services on this important project, Please contact either of the undersi d at 818-727-2553 if you have any questions or comments.
Very tally yours,
CL 7 ..5 SEIF CLARK,
Jeffrey L. Bannon, PG
Vice President. Environmental Services
C `stian Goerrissen, CAC
Senior Project Manager
PO Box 4299, Chatsworth, CA 91313' TEL 818-727-2553 * FAX 818-727.2556 [email protected] - www,csceng.corn
CLARK SEIF CLARK, INC.
HEALTH & SAFETY • ENGINEERING • ENVIRONMENTAL
10/1/2024
RJM Design Group
Mr. Eric Chastain
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Subject: Procedure 5 Work Plan, Monitoring and Clearance Ford Park Aquatics Center
8000 Park Lane
Bell Gardens, CA 90201
Dear Mr. Chastain:
CSC Project No. 1029521.04
3000052
Clark Seif Clark, Inc. (CSC) is pleased to provide you with this fee proposal to prepare a South Coast Air Quality Management District (SCAQMD) Procedure 5 Work Plan for the asbestos - containing electrical conduit discovered at the site.
The following is a fee proposal of our services. The estimated cost to perform the scope of work as listed hereunder is $10,662.00. CSC will bill only for services provided in accordance with the listed fee schedule. If additional funds are needed, we will notify you prior to proceeding.
Description
Project Manager
Certified Asbestos Consultant (CAC)
PLM Bulks - 48 Hour TAT
Clerical
Mileage
FEE PROPOSAL
Rate
$175.00/Hour
$165.00/Hour
$35.00/Sample
$75.00/Hour
$0.67/Mile
Est. Units
4 56
6 2
540
Total Estimated Costs
The scope of work for the Procedure 5 work Plan includes the following:
Est. Cost
$700.00
$9,240,00
$210.00
$150.00
$362.00
$10,662.00
Provide sampling and laboratory analysis of discovered materials Prepare a Survey Report and a South Coast Air Quality Management District (SCAQMD) approved Procedure 5 work plans for the remediation of the discovered materials
Perform project oversight for five (5) workdays for the removal of the ACM Conduct final visual inspection of the abated areas to ensure that all asbestos containing materials within the scope of work have been properly removed and decontaminated by the contractor.
Issue a clearance memo certifying the work area(s) were found to be free of any visible asbestos debris and upon successfully passing all clearance air testing; PO Box 4299, Chatsworth, CA 91313 * TEL 818-727-2553 * FAX 8I8-727-2556 [email protected] - www.csceog.com
Project N e: Ford Park Aquatics Center — Procedure 5 Work Plan and Monitoring Project Locations 8000 Park Lane, Be11 Gardens CA
CSC Project Nos. 102952L04
Generate a final clearance report certifying the abatement removal perfo ed d close out document of all project paperwork, including but not limited to, CSC's daily logs, checklists, air sample results, as well as the abatement contractors daily logs, sign iii sheets, checklists, personal monitoring results, manifests, notifications, pe 'ts, licenses and workers certification:
All asbestos -related services will be conducted by a Cal/OSHA-Certified Asbestos Consultant (CAC), and/or a Cal/OS -Certified. Site Surveillance Tec c an (CSST).
We appreciate the oppo ty to provide services on this important project. Please contact either of the undersigned at 818-727-2553 if you have any questions or co scuts.
Very
ly yo
C stian Goerrissen, CAC
Senior Project manager
Clark Seif Clark, Inc.
PO Box 4299, Chatsworth, CA 91313 • TEL 818-727-2553 * FAX 818-727-2556 csc@csceng,com - WWW,csceug.com
ARCHITECTS
AMENDMENT NO.
Architect:
Architect Contact:
Agreement Date:
Project Name:.
SVA Architects, Inc. ("SVA" or °Architect") Client:
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
Carlos Perez ([email protected])
May 1, 2021 ("Agreement')
City of Bell Gardens - Ford Park Aquatic
Center ("Project")
SVA Project No.: 2021-40105.801
RJM Design Group, Inc. ("Client")
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Client Contact: Eric Chastain ([email protected]) Amendment Date: August 26, 2024
Description: Additional Service: Architectural and Electrical Engineering ff©r Main Lobby Door and Gates
Reconfiguration
Client Ref: RJM Project No. 993-01
A. Scope of Services
SVA and its Consultant/s shall provide the following professional services in accordance with the terms and conditions of the Agreement • Reconfigure the Main Lobby entry doors and entry/exit gates layout and function per coordination meetings with City of Bell Gardens. • Revise architectural and electrical floor plans, add new details, coordinate and revise construction specs.
B. Compensation
Architect will be compensated for the additional services delineated herein in accordance with the terms and conditions of the Agreement on a fixed fee basis in the amount of Six, Thousand Seven Hundred Fifty Dollars ($6,750.00).
Reimbursable expenses of Architect will be invoiced in accordance with the terms and conditions of the Agreement and are not Included in the above -stated compensation.
It is expressly understood that the requirements of Cal. Business and Professions Code § 5536.22 requiring mutual written agreement by the parties prior to proceeding with the work are met by this Amendment. In the event that contract negotiations are pending at the time this Amendment is executed, the parties understand and agree that upon execution of such final agreement, that all work performed under this Amendment will be govemed by the terms and conditions thereof. In the event that an agreement has been executed by the parties at the time of this Amendment, it is understood that this Amendment amends the Agreement only as delineated herein, all other terms of the Agreement shall remain the same. Architect will not proceed with work until this form is executed and returned. The undersigned represents and warrants that he/she has the authority to bind the entity for which he/she is executing this Amendment.
Approved and Accepted:
Architect
Signature:
Printed Name:
Title:
Date:
SVA Architects, Inc.
Robert M. Simons, AIA
License No. C18301
Partner and President
August 26, 2024
cc: Tyler Page — RJM Design Group, Inc.
Doug Brown — SVA Architects, Inc.
Carlos Perez — SVA Architects, Inc.
Approved and Accepted:
Client:
Signature:
Printed Name:
Title:
Date:
=estgn Group, Inc.
RJMDESI-01
CERTIFICATE OF LIABILITY INSURANCE
CCOWANA
DATE (MM/DD/YYYY)
9/11/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0E67768
IOA Insurance Services
3636 Nobel Drive
Suite 410
San Diego, CA 92122
INSURED
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
C©NTACT Ali Smith
PHO
(AIc NNE o, Extlq (619) 788-5795 50206
MAIL
[email protected]
AD
FAX
(A/C, No):(619) 574-6288
INSURER(SI AFFORDING COVERAGE _
INSURER A:RLI Insurance Company_,,,,,,_
INSURER B:Arch Insurance Company.,_,,.,,,..,,,,
INSURER C
INSURER D. ---- .-__.,......_.._...........
INSURER E
NSURER F :
NAIC#
13056 _.
;11150
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE 'IADDLISUBR. POLICY NUMBER POLICY EFF POLICY EXP LTR 'INSD'. WVD'' IMMfDD/YYYYS IMM/DD YYYYI
A , X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
X Cont Liab/Sev of Int
A
EN'L AGGREGATE LIMIT APPLIES PER:
POLICY X I JECT•
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED I_- ', SCHEDULED
I AUTOS ONLY AUTOS pp
X_ A9 OS ON�Y
LOC
X _! AUTOS ONLY
X Auto ' Owned
X UMBRELLA LIAB
EXCESS LIAB
X DED
X
X IPSB0007263
9/30/2024 I 9/30/2025
EACH OCCURRENCE
DAMAGE TO RENTED
EMIGE:S_LEA occgiT nce}__ _$
I MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG ` 5
Ded
PSA0002412
9/30/2024
9/30/2025
COMBINED SINGLE LIMIT
BODILY INJURY Per erson
BODILY INJURY, Per accident)
PROPERTY DAMAGE
1Per accidenil
$
$
2,000,000
1,000, 000
10,000
2,000,000
4,000,000
4,000,000
0 1,000,000
X ' OCCUR
CLAIMS -MADE
RETENTION $
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
gE
(Mandatory in NH) CLUDED7
If yes, describe under
,I DESCRIPTION OF OPERATIONS below
B IProf Liab/Clms Made
B Ded.: $25K Per Claim
YIN
N/A
,PSE0003628 9/30/2024
X IPSW0004066
PAAEP0031107
IPAAEP0031107
9/30/2024
0/1/2024
10/1/2024
9/30/2025
9/30/2025
EACH OCCURRENCE
,AGGREGATE
T PER 1OTH-
X.'..S.TA,�,IJT5
3 $
E L EACH ACCIDENT $
E L DISEASE EA EMPL_OYEEI_$
E.L. DISEASE - POLICY LIMIT II $
10/1/2025 IPer Claim
10/1/2025 !Aggregate
1,000,000
1,000,000
1,000,000
1 000,000
1,000,000
2,000,000
2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space is required) Re: 993.01 / FORD PARK AQUATIC CENTER, Bell Gardens, CA - Landscape Architectural Services City of Bell Gardens, its officers, employees, agents and volunteers are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation.
30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER
City of Bell Gardens
7100 Garfield Ave.
B$ii, Gardens. CA_;102 L1
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Named Insured: RIM Design Group, Inc.
Policy Number: PSA0002412
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II —
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-
iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days
following the acquisition or formation of the business
entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II —
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any "employee" of yours is an "insured" while using
a covered "auto" you don't own, hire or borrow in
your business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II —
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage
form in a contract or agreement that is executed by
you before the "bodily injury" or "property damage"
occurs is an 'insured" for liability coverage, but only for damages to which this insurance applies and
only to the extent that person or organization
qualifies as an "insured" under the Who Is An
Insured provision contained in SECTION II -
COVERED AUTOS LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured's own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the "bodily injury" or
"property damage" occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV - BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions,
5. Transfer Of Rights Of Recovery Against
Others To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any "accident" or
PPA 300 03 13
"loss", provided that the "accident" or "loss" arises
out of the operations contemplated by such contract.
The waiver applies only to the person or
organization designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II -
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
"autos" you own;
(1) Any covered "auto" you lease, hire, rent
or borrow; and
(2) Any covered 'auto" hired or rented by
your "employee" under a contract in that
individual "employee's" name, with your
permission, while performing duties
related to the conduct of your business.
However, any "auto" that is leased,
hired, rented or borrowed with a driver is
not a covered "auto".
F. Fellow Employee Coverage
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, Exclusion 8.5. does not apply if you
have workers compensation insurance in -force
covering all of your employees,
G. Auto Loan Lease Gap Coverage
SECTION III - PHYSICAL DA GE COVERAGE,
C. Limit Of Insurance, is amended by the addition
of the following:
In the event of a total "loss" to a covered "auto"
shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
covered "auto", less:
1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy;
and
2. Any:
a. Overdue (ease/loan payments at the time of
the "loss";
Named Insured: RJM Design Group, Inc.
Policy Number: PSW0004066
RKERS COMPS SATION AND EMPLOYERS LIABILITY INSURANCE POLICY
AIVER OF OUR RIGHT TO RECD R FROM OTHERS ENDORSEMENT ALIFORNIA WC 04 03 06
(Ed. 4-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work descrifi in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
Person or Organization
All persons or organizations that are party to a
contract that requires you to obtain this
agreement, provided you executed the contract
before the loss.
Schedule
Job Description
Jobs performed for any person or organization that you
have agreed with in a written contract to provide this
agreement.
®1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
Policy Number: PSB0007263
Named Insured: RJM Design Group, Inc.
RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II - LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with "your work" and included
within the "product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
PPB 304 02 12
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II -
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
EXHIBIT "B"
MARCH 2025 SUPPLEMENTAL CONSULTANT'S SERVICES
6
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www,RJMdesigngroup,com
[949] 493-2690
[949] 493-2600 rroz.f;
March 11, 2025
Mr. Bernardo Iniguez Director
of Public Works City of Bell
Gardens
7100 Garfield Ave.
Bell Gardens, CA 90201-3293
Dear Bernie:
Community Inspired Spaces'
RE: John Anson Ford Park Regional Aquatic Center - Additional Services IT Room Architectural and Electrical Revisions
DESIGN
GROUP
We are pleased to submit this proposal for the John Anson Ford Regional Aquatic Center to include the following additional services:
1. Architectural revisions to IT Room
and wall dividing check -in and hallway
2. Electrical revisions
3. RJM coordination and 15% administrative fee
TOTAL
$ 4,250.00
$ 2,200.00
$ 968.00
$ 7,418.00
This work requires additional scope from SVA Architects for architectural design modifications and coordination with the City and contractor. Additionally, this work requires additional scope from FBA Engineers for electrical revisions to the lighting plan, power plan, telecommunication plans, Title 24 calculations, and panel schedules/load calculations.
Compensation for the above professional services will be billed consistent with the terms and conditions of our original agreement.
Please let us know if you have any questions on the above additional services scope.
We look forward to continue working with you on this exciting project.
Sincerely,
RJM DESIGN GROUP, INC.
Tyler Page
Landscape Architect / Project Manager
24-148 John Anson Ford Park Regional Aquatics Center Additional Services - IT Room Revisions
AMENDMENT NO. 2
Architect:
SVA Architects, Inc. ("SVA" or "Architect") Client:
6 Hutton Centre Drive, Suite 1150
Santa Ana, CA 92707
Architect Contact: Carlos Perez ([email protected]) Agreement Date:
Project Name:
SVA Project No.:
May 1, 2021 ("Agreement")
City of Bell Gardens - Ford Park Aquatic
Center ("Project")
2021-40105.802
RJM Design Group, Inc. ("Client")
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Client Contact: Eric Chastain ([email protected]) Amendment Date: December 4, 2024
Description: Additional Service: Architectural and Low Voltage Engineering for IT Room and Check -In Area
Client Ref: RJM Project No. 993-01
A. Scope of Services
SVA shall provide the following professional services in accordance with the terms and conditions of the Agreement:
Issue the following revisions under Delta 6 Bulletin #2. • Reconfigure the IT Room layout and function per coordination meetings with City of Bell Gardens' IT Department, Low Voltage Contractor, Ardurra and Bernards.
• Revise wall configuration dividing Check -In and Hallway. • Revise architectural plans to reflect the new layout configurations.
B. Compensation
Architect will be compensated for the additional services delineated herein in accordance with the terms and conditions of the Agreement on a fixed fee basis in the amount of Four Thousand Two Hundred Fifty Dollars ($4,250.00).
Reimbursable expenses of Architect will be invoiced in accordance with the terms and conditions of the Agreement and are not included in the above -stated compensation.
It is expressly understood that the requirements of Cal. Business and Professions Code § 5536.22 requiring mutual written agreement by the parties prior to proceeding with the work are met by this Amendment. In the event that contract negotiations are pending at the time this Amendment is executed, the parties understand and agree that upon execution of such final agreement, that all work performed under this Amendment will be governed by the terms and conditions thereof. In the event that an agreement has been executed by the parties at the time of this Amendment, it is understood that this Amendment amends the Agreement only as delineated herein, all other terms of the Agreement shall remain the same. Architect will not proceed with work until this form is executed and returned. The undersigned represents and warrants that he/she has the authority to bind the entity for which he/she is executing this Amendment.
Approved and Accepted:
Architect:
Signature:
Printed Name:
Title:
Date:
SVA Architects, Inc.
Robert M. Simons, AIA
License No. C18301
Partner and President
December 4, 2024
cc: Tyler Page — RJM Design Group, Inc.
Doug Brown — SVA Architects, Inc.
Carlos Perez — SVA Architects, Inc.
Approved and Accepted:
Client:
Signature:
Printed Name:
Title:
Date:
RJM Design Group, Inc.
December 2, 2024
Mr. Tyler Page
RJM Design Group
31591 Camino Capistrano
San Juan Capistrano, California 92675
Reference: Ford Park Aquatic Center
FBA # 535042.12
Subject: IT and Check -In Room Revisions
Dear Tyler:
This is regarding our additional engineering services for IT Closet and Check -In Room revisions per SVA exhibit received November 27, 2024.
Our Scope of Additional Services includes the following:
1. Revise Lighting Plan.
2. Revise Power Plan.
3. Revise Telecommunication Plans.
4. Update Background Plans as necessary.
5. Revise Title 24 Calculations.
6. Revise panel schedules and load calculations.
We suggest our compensation to be a fixed amount of Two Thousand Two Hundred Dollars ($2,200.00) Thank you for your consideration and the opportunity to extend our fee proposal. We hope this proposal meets with your approval. If this is acceptable, please use this proposal as an attachment to your standard agreement. Please call if you have any questions or comments.
Sincerely,
Bill avrsnick, LEED AP
Principal
Project Director
535/042.12/P2885
Consulting En,
Electrical • Lighting • LEEDS/Energy • Technology • Fire Life Safety l/f f'aularinoAvenuc,SuiteAl2O.COsta Meu.a,CA9262E.T:9<9,852.999,5/F:94! Page 773 of 924
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving an Agreement with ABM Electrical & Lighting Solutions, Inc. for the Purchase and Installation of Solar -Powered Lighting at Darwell Park MEETING DATE: March 24, 2025
RECOMMENDATION: It is staffs recommendation that the City Council:
1. Adopt the attached Resolution approving an agreement with ABM Electrical & Lighting Solutions, Inc. for the purchase and installation of new solar lighting for a total amount not to exceed $20,608.45; and
2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount.
BACKGROUND/DISCUSSION:
Darwell Park is a pocket park maintained by the City, and it features grass areas, a shade structure, benches and a playground for children. The park is open to the public from 6:00 a.m. to 9:00 p.m. During evening hours, there is low visibility at the park since there is no dedicated lighting on the premises. Low visibility, particularly at night, creates safety and security risks. Staff has identified that these potentially hazardous conditions may be mitigated by installing solar -powered lighting in conjunction with the ongoing security measures implemented by the Police Department.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.
Sourcewell (formerly National Joint Powers Alliance NJPA) was created by state law as a service cooperative to provide programs and services to education and government.
As a service cooperative, Sourcewell is a local government unit, public corporation, and
public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members.
Participation is open to all levels of a governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. The City is a member of Sourcewell, and membership entitles the City to access competitively bid national contracts. Public Works is making use of Sourcewell ezIQC, an Indefinite Delivery -Indefinite Quantity (IDIQ) procurement process from which competitively bid contracts are awarded to contractors. Sourcewell has contracted Gordian to administer the ezIQC program for Sourcewell members around the country. Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
On September 12, 2023, Sourcewell issued an Invitation for Bids (Sourcewell IFB) for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (IFB # CA -101723). On October 16, 2023, ABM Electrical & Lighting Solutions, Inc., formerly known as ABM Industries Inc. (ABM), submitted a bid and on December 13, 2023, Sourcewell and ABM entered into Contract Number CA-R8-E-101723-ABL (Sourcewell Contract) with an effective date of December 6, 2023, and expiration date of December 5, 2024. On November 13, 2024, Sourcewell and ABM amended the Sourcewell Contract to extend the term to December 5, 2025.
In order to expedite the completion of the necessary lighting improvements, Public Works requested a cost proposal from ABM under the Sourcewell Contract for the purchase and installation of solar lighting fixtures at Darwell Park (the "Lighting Improvements"). ABM provided a cost proposal totaling $20,608.45 for the Lighting Improvements, which includes the following scope of work:
• Excavate, form and pour three (3) concrete footings per structural drawings along back pathway of the park.
• Install three (3) 18' x 4" round steel pathway poles on new concrete footings. • Install three (3) Solera RP-SAL-30W-30K-SF-GY-G2 solar lighting fixtures. • Provide programming and commissioning.
• Clean all areas where work is conducted and test all fixtures for proper operation. • Provide high reach equipment as needed.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Lighting Improvements were determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption was prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
If the attached Resolution is adopted, staff will process the agreement for signatures and issue a Notice to Proceed with the Lighting Improvements to ABM. The Lighting
Improvements are expected to be completed by May 30, 2025.
FISCAL IMPACT:
The agreement amount for the Lighting Improvements is $20,608.45. A contingency of ten percent (10%) (approximately $2,060.85) will be necessary to cover any unforeseen conditions; therefore, the total project budget for the Lighting Improvements will be $22,669.30. The City's FY 24/25 budget includes sufficient funding for the improvements.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH ABM
ELECTRICAL & LIGHTING SOLUTIONS, INC. FOR THE PURCHASE
AND INSTALLATION OF SOLAR -POWERED LIGHTING AT DARWELL
PARK
WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on September 12, 2023, Sourcewell issued an Invitation for Bids ("Sourcewell IFB") for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (IFB # CA -101723); and
WHEREAS, On October 16, 2023, ABM Electrical & Lighting Solutions, Inc., formerly known as ABM Industries Inc. ("ABM"), submitted a bid in response to the Sourcewell IFB; and
WHEREAS, on December 13, 2023, ABM and Sourcewell entered into Contract # CA-R8-E-101723-AEL ("Sourcewell Contract") with an effective date of December 6, 2023 and expiration date of December 5, 2024; and
WHEREAS, on November 13, 2024, Sourcewell and ABM amended the Sourcewell Contract to extend the term to December 5, 2025, and WHEREAS, the City of Bell Gardens ("City") is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and WHEREAS, the City requires the purchase and installation of new solar -powered lighting at Darwell Park; and
WHEREAS, the City Council finds that the City has complied with the procurement processes; and
WHEREAS, the City desires to enter into an agreement with ABM for the purchase and installation of solar -powered lighting at Darwell Park under Sourcewell Contract # CA-R8-E-101723-AEL for a total cost of $20,608.45.
Resolution No. 2025-29
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.
SECTION 3. The City Council hereby approves an agreement with ABM Electrical & Lighting Solutions, Inc. for the purchase and installation of new solar - powered lighting at Darwell Park.
SECTION 4. The City Council further authorizes and directs the City Manager to execute the agreement with ABM Electrical & Lighting Solutions, Inc., consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED, and ADOPTED this 24th day of March, 2025.
THE CITY OF BELL GARDENS
Jorge) Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2025-29
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on March 24, 2025, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
2025
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Solar -Powered Lighting at Darwell Park) (Parties: City of Bell Gardens and ABM Electrical & Lighting Solutions, Inc.) THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2025 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. (hereinafter, "Vendor"). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires the purchase and installation of additional new solar - powered lighting at Darwell Park; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on September 12, 2023, Sourcewell (hereinafter, "Sourcewell") issued an Invitation for Bids for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California ("Sourcewell IFB") (IFB #CA -101723); and WHEREAS, on October 16, 2023, Vendor, formerly known as ABM Industries Inc., submitted a bid; and
WHEREAS, on December 13, 2023, Vendor and Sourcewell entered into Contract Number CA-R8-E-101723-AEL (hereinafter, "Sourcewell Contract") with an effective date of December 6, 2023 and expiration date of December 5, 2024; and WHEREAS, on November 13, 2024, Vendor and Sourcewell amended the Sourcewell Contract to extend the term to December 5, 2025; and WHEREAS, as authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code and pursuant to such certain terms and conditions set forth, City wishes to avail itself of the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
1
WHEREAS, the City as a public agency will be able to utilize Vendor's cooperative agreement with Sourcewell to purchase directly from Vendor; and WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of additional new solar -powered lighting at Darwell Park, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install new solar -powered lighting as described in the City's General Provisions (hereinafter, "General Provisions") which are attached and incorporated hereto as Exhibit "A" and in Vendor's Work Order Number 139619.00 dated February 28, 2025 (hereinafter the "Work Order"), which is attached and incorporated hereto as Exhibit "B". For purposes of this Agreement, the capitalized term "Equipment" shall refer to the purchase and installation of the solar -powered lighting as listed in the Sourcewell IFB. The unit prices charged by Vendor to City for the Equipment listed in the Work Order shall be no greater than the unit prices charged to Sourcewell under the Sourcewell IFB. Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell IFB and shall be subject to all warranties set forth under the Sourcewell IFB and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "C".
B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third -party, nor shall City be responsible for providing Vendor's personnel with training, tools or equipment 2
required to deliver the Equipment. The Equipment installation shall be completed within thirty (30) working days of the City's issuance of a written Notice to Proceed.
D. The liquidated damage for this Equipment installation is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the City within the contract time including any extension of time granted by the City.
E. The Equipment installation shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City's option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.
F. City's acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell IFB. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non -compliant with such specifications.
G. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor's field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the 3
City;
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Vendor's acceptance of any work performed by or on Vendor's behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be the Director of Public Works/Facilities or their designee (hereinafter, the "City Representative"). It shall be Vendor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement, Nate Piorek, Senior Sales Executive is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor's performance under this Agreement and to make all decisions in connection therewith (the "Vendor Representative"). Notice to the Vendor Representative shall be written to 4
constitute notice to Vendor.
Section 4. VENDOR'S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
City's personnel in coordination with Vendor's personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell IFB. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30 - day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Equipment installation shall toll, the expiration of the 30 -day testing and instruction period as to all Equipment.
5
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell IFB and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section W of the Sourcewell IFB.
Section 7. COMPENSATION
A. Compensation. Vendor shall sell, deliver and install the Equipment as referenced in the Scope of Work at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of Twenty Thousand Six Hundred and Eight Dollars and Forty - Five Cents ($20,608.45) (hereinafter, the "Not -to -Exceed Amount").
B. As authorized by the City Council at its Regular Meeting of March 24, 2025, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, City, in its sole and absolute discretion, may authorize expenditures in excess of the Not -to -Exceed Amount without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Not -to -Exceed Amount. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum.
The Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to - Exceed Sum. The Labor and Materials Bond shall be in a form approved by City.
No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND
REPORTING
A. The provisions of this Section shall apply to the extent any of the Equipment installation to be performed by Vendor constitutes a "public work" within the meaning of Section 1720(a)(1) of the Labor Code. Vendor shall comply with the provisions of the Labor Code applicable to public works, in the manner set forth 6
under this Section. In addition to any other indemnification obligation set forth under this Agreement, Vendor shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
B. Vendor and any subcontractor performing or contracting any portion of the Equipment installation shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Equipment installation shall constitute a legal day's work under this Contract. Vendor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. Vendor and any subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.
Vendor shall post a copy of said prevailing rate of per diem wages at each job site.
C. As required by Section 1773.1 of the California Labor Code, Vendor shall pay travel and subsistence payments to each worker needed to execute the Equipment installation, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
D. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments. 7
E. Vendor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Vendor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate.
Vendor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Vendor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
F. Vendor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Vendor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
G. Vendor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Vendor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. Vendor shall also be subject to California Labor Code Section 1777.1.
H. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Vendor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Vendor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, Vendor may so act, and in such case, the insurance required by this paragraph need not be provided. Vendor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Agreement. 8
The Notice to Proceed with the Equipment installation under this Agreement will not be issued, and Vendor shall not commence the Work, until Vendor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Equipment installation under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Vendor in signing this Agreement certifies to the City as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." A subcontractor is not allowed to commence the Equipment installation on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Vendor and submitted to the Public Work's Director for the City's review and records.
In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Vendor of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.
Section 10. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.
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Section 12. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 13. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that executes in connection with the performance of this Agreement.
Section 14. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.
Section 15. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section XVII of the Sourcewell IFB.
Section 16. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.
B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
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Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 17(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Vendor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration 11
of the 10 -day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10 -day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15 -day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15 -day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor's cure of any Event of Default by giving written notice of City's intent to suspend Vendor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.
No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided 12
herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor's breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor's insurances.
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Section 19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to VENDOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public Works
ABM Electrical & Lighting Solutions, Inc.
14201 Franklin Avenue
Tustin, CA 92780
Attn: Nate Piorek, Senior Sales Executive
Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Vendor shall not deny the contract's benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 21. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
Section 22. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement 14
shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
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Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS ABM ELECTRICAL & LIGHTING
SOLUTIONS, INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
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EXHIBIT "A"
GENERAL PROVISIONS
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EXHIBIT A
GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The work shall be performed at 6863 Darwell Avenue, Bell Gardens, CA 90201 (work site), all of which is known as the "Purchase and Installation of Solar -Powered Lighting at Darwell Park" (the "Project"). The work will be as described in Vendor's Work Order and engineering plans. All work shall be performed according to the requirements in the "General Provisions," engineering drawings and Vendor's Work Order. The image below illustrates the Project limits:
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
If applicable, Vendor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Director of Public Works/Facilities ("Director") to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the
construction period and shall be delivered to the Director within ten (10) days after completion of the work.
1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 "Time of Completion":
(1) The Vendor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Director, unless otherwise specified. In any event, all Work shall be subject to approval of the Director. Before starting such work, the Vendor shall make arrangements with the Director for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Vendor requests permission to perform Work outside of the above time periods and if the City grants such request, the Vendor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Vendor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Vendor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the Project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Vendor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Vendor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the Director and shall conform to Caltrans or WATCH Manual guidelines.
1-18.3 The Vendor shall maintain all travel lanes open during non -work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Director, an emergency exists against which the Vendor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Vendor's operations and when, in the opinion of the Director, immediate action shall be considered necessary in order to protect the public or property due to the Vendor's operations under
this Agreement, the Director will order the Vendor to provide a remedy for the unsafe condition. If the Vendor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Vendor.
1-19.1 "Responsibilities of the Vendor"
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. The Vendor shall repair water service breaks the same day. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of BeII Gardens.
1-20 Claim Notification
If the Vendor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Vendor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, it shall notify the Director, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Vendor's failure to notify the Director within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Director.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Vendor
The Vendor shall designate by letter to the Director a competent superintendent, satisfactory to the Director and with authority to act for the Vendor. The designated superintendent shall be on the job site at all times during performance until the work is
completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the Director shall be notified by letter.
1-27 Clean -Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Vendor's responsibility to inform the City of any environmentally impacted material. The cost of Removing and Disposing of Materials that are not environmentally impacted shall be included in the various Contract items of Work and no additional compensation will be allowed, therefore. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the Vendor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32. Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Vendor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Director.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed, therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 "Protection of Work and Materials":
a. The Vendor shall remove and replace materials damaged by the Vendor's operations at the Vendor's sole expense before the final inspection and acceptance. (2) "Test of Materials":
a. The Vendor shall submit samples of materials, at the Vendor's sole expense, as the Director may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted. b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Director in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.
1.42 Air Pollution Control
The Vendor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43A (1) Upon acceptance by the Director, the Director will file a Notice of Completion with the Los Angeles County Registrar -Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Vendor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Agreement, or of any power reserved to the City, or of any right to damages or indemnity provided in the Agreement. The waiver of any breach of the Agreement, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Vendor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Vendor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Vendor shall commence repair or replacement within 24 hours after receiving written notice from the Director, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Vendor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the Director, and must be free of objectionable material. The Vendor must submit to the Director for approval any and all agreement(s) between the Vendor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Vendor prior to the filing of "Notice of Completion" by the Director. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Director.
Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work
Vendor shall only use a haul route approved in writing by the Director. The Vendor shall keep the work site as well as the route to and from the disposal site clean at all times.
The Vendor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Vendor";
(1) "General":
a. The Vendor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Vendor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Vendor shall implement the following BMPs in conjunction with the Work:
Title
Number
General Site Management
Water Conservation
NS -1
Vehicle and Equipment Cleaning
NS -8
Vehicle and Equipment Fueling
NS -9
Vehicle and Equipment Maintenance
NS -10
Employee/Subcontractor Training
--
Construction Materials and Waste Management
Material Delivery and Storage
WM-1
Material Use
WM-2
Spill Prevention and Control
WM-4
Solid Waste Management
WM-5
Hazardous Waste Management
WM-6
Concrete Waste Management
WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection
SE -10
a. A description of each BMP is included in these Specifications. The Vendor shall have at least two readily accessible copies of these descriptions at the Work site at all times. b. The Vendor shall continuously implement BMPs during the Work. The Vendor shall implement BMPs for erosion control and sedimentation during the period from October 15th to April 15th and whenever the National Weather Service predicts rain within 24 hours.
c. The Vendor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Vendor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Vendor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Vendor shall defend,
indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Vendor's (or its subcontractor's) failure to comply with these laws and regulations.
d. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall be considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47A
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor. (2) through (5). Intentionally left blank.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
EXHIBIT "B"
WORK ORDER
19
Work Order Signature Document
EZIQC Contract No.: CA-R8-E-101723-AEL
x
Work Order Number.: 139619.00
Work Order Title:
Owner Name:
Contact:
Phone:
New Work Order
Modify an Existing Work Order
Work Order Date: 02/28/2025
City of Bell Gardens-Darwell Park Solar Lighting
City of Bell Gardens Contractor Name:
Bernardo Iniguez
562-806-7770
Contact:
Phone:
ABM Electrical & Lighting Solutions Inc.
Nate Piorek
(949) 330-3049
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-E-101723-AEL.
Brief Work Order Description:
Lighting
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages
Will apply:
Will not apply:
x
Work Order Firm Fixed Price: $20,608.45
Owner Purchase Order Number:
Approvals
City of Bell Gardens
Date Contractor
Date
Work Order Signature Document
2/28/2025
Detailed Scope of Work
To: Nate Piorek
ABM Electrical & Lighting Solutions Inc.
14201 Franklin Avenue
Tustin, CA 92780
(949) 330-3049
Date Printed: February 28, 2025
Work Order Number: 139619.00
Work Order Title: City of Bell Gardens-Darwell Park Solar Lighting Brief Scope: Lighting
From: Bernardo Iniguez
City of Bell Gardens
8327 Garfield Ave
Bell Gardens, CA 91201
562-806-7770
Preliminary
Revised
X
Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
Scope of Work
• Excavate, form and pour (3) concrete footings per structural drawings along back pathway of the park • Install (3) 18' x 4" round steel pathway poles on new concrete footings • Install (3) Solera RP-SAL-3OW-30K-SF-GY-G2 solar lighting fixtures • Provide programming and commissioning
• Clean all areas where work was conducted and test all fixtures for proper operation. • Provide high reach equipment as needed
• This pricing includes plans, drawings, Title 24 calculations. • Work to be completed 1st shift prevailing wage Los Angeles County Material Lead Time 4 weeks
Project Scheduling 2 weeks
Project duration 2 weeks
Subject to the terms and conditions of ezIQC Contract CA-R8-E-101723-AEL.
Contractor Date
City of Bell Gardens Date
Scope of Work
2/28/2025
Contractor's Price Proposal - Summary
Date: February 28, 2025
Re: IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
CA-R8-E-101723-AEL
139619.00
City of Bell Gardens-Darwell Park Solar Lighting
ABM Electrical & Lighting Solutions Inc.
$20,608.45
Section - 01 $3,806.18
Section - 26 $16,158.18
Section - 31 $644.09
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
$20,608.45
Contractor's Price Proposal - Summary
2/28/2025
Contractor's Price Proposal - Detail
Date: February 28, 2025
Re:
IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
CA-R8-E-101723-AEL
139619.00
City of Bell Gardens-Darwell Park Solar Lighting
ABM Electrical & Lighting Solutions Inc.
$20,608.45
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Section - 01
1 01 22 16 00 0002
EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.
Quantity Unit Price Factor
Installation 403.29 x 1.00 x 1.1000
Bonding $20164.83 x 2%=403.29
Total
443.62
$443.62
2 01 22 20 00 0010
HR ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
Quantity Unit Price Factor
Installation 1.00 x 125.30 x 0.9799
Program Sensors
Total
122.78
$122.78
3 01 22 20 00 0087
HR Engineer $1,310.62
Quantity
Installation
10.00 Perform structural calculations for inspections.
Unit Price
133.75
x
Factor Total
0.9799
1,310.62
4 01 22 23 001670
DAY 3-1/2 Ton, 4 x 2 Boom Truck With Full -Time Truck Driver Quantity Unit Price
Installation 1.50 x 1,312.49 x
Pole installation
Factor Total
0.9799
1,929.16
$1,929.16
Subtotal for Section - 01 $3,806.18
Section - 26
5 26 51 33 00 0021
EA Factory Installed Fixture Mounted Occupancy Sensor
Quantity Unit Price
Installation 3.00 x 174.21 x
Infrastructure Electrical
Factor Total
0.9799
512.13
$512.13
6 26 56 13 00 0191
EA 18' High, 4" OD, 11 Gauge, Round Straight, Steel Area Light Pole, Anchor Base
Quantity
Installation 3.00
Infrastructure Tall Poles
x
Unit Price
2,259.29
x
Factor Total
0.9799
6,641.63
$6,641.63
7 26 56 13 00 0735
VLF 2' Diameter Concrete Base For Poles
Quantity Unit Price
Installation 18.00 x 94.31
Infrastructure Tall Poles : Concrete Footings
x
Factor Total
0.9799
1,663.46
$1,663.46
8 26 56 19 00 0190
EA 20 LEDs, 49 Watt, Pole Mount, LED Architectural Area Fixture (Lithonia DSXO $7,340.96 LED)
Quantity Unit Price
Installation 3.00 x 2,497.18
Fixture Spec : Solera RP-SAL-30W-30K-RP-GY-G2
x
Factor Total
0.9799
7,340.96
Contractor's Price Proposal - Detail
2/28/2025
Contractor's Price Proposal - retail Continues..
Work Order Number: 139619.00
Work Order Title: City of Bell Gardens-Darwell Park Solar Lighting Subtotal for Section - 26 $16,158.18
Section - 31
9 31 23 16 36 0029
CY Load Excess Material For Removal From Excavation For Building Foundations and Other Structures by Hand
Quantity Unit Price Factor
Installation 6.00 x 109.55 x 0.9799
Infrastructure Tall Poles
Total
644.09
$644.09
Subtotal for Section - 31 $644.09
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
Ok
$20,608.45
Contractor's Price Proposal - Detail
2/28/2025
EXHIBIT "C"
SOURCEWELL DOCUMENTS
20
Docusign Envelope ID: 63C5B10C-6C06-49F9-8ACA-FC9087C9EC8B
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-E-101723-AEL
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-E-101723-AEL, is effective upon the date of the last signature below.
Sourcewell and ABM Electrical and Lighting Solutions ("Contractor") have entered into an Indefinite Delivery -Indefinite Quantity Construction Contract, Contract Number CA-R8-E-101723-AEL, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term ("Contract"). The parties agree to modify and extend the Contract as stated below.
CONTRACT MODIFICATION
The following is adopted as the new CTC for the Contract effective December 6, 2024:
Sourcewell California - Region 8
Pursuant to the Contract, Contractor's Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025.
Sourcewell ABM Electrical and Lighting Solutions
Signed by: "—Signed by:
jtxut s dA / Y -Ay
By: •-_—fOF19A11gnn64R4
Jeremy Schwartz
By: ! 11F7An'?SFFiS147i
Chan Onechanh
Title: Chief Procurement Officer Title: Sr. General Manager 11/13/2024 I 5:52 PM CST 11/12/2024 I 5:27 PM CST
Date: Date:
DocuSign Envelope ID: 3EC08F55-9B1A-45C3-B04C-1A28F36B92D4 r
Indefinite Delivery -Indefinite Quantity Construction Contract Contract Number: CA-R8-E-101723-AEL
Service Type: Electrical
This Indefinite Delivery -Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and ABM Electrical and Lighting Solutions, 14201 Franklin Ave, Tustin, CA 92780 (Contractor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.
The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell's indefinite delivery -indefinite quantity (IDIQ) construction contracts within the Service Region.
I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
II. REGION AND SERVICES
The Contractor's Region is: Region 8. The Contractor's IDIQ construction service type is: Electrical. The Contractor has agreed to perform work outside the Region.
III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.
A. Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9799.
Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
DocuSign Envelope ID: 3EC08F55-9B1A-45C3-B04C-1A28F36B92D4 B. Other Than Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0525.
C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0616.
D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9799.
E. Non pre -priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1251.
VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.
B. The Contractor's Authorized Representative is Chan Onechanh. If the Contractor's Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.
Sourcewell ABM Electrical and Lighting Solutions
1—DocuSigned DocuSigned by:
Sdatiarti3
CQFD2A139DD6489...
By:
Jeremy Schwartz
,— DocuSigned by:
By: a 11E7A835F651473...
Chan Onechanh
Title: Chief Procurement Officer Title: Sr. General Manager Date: 12/13/2023 I 2:44 PM CST
Rev. 4/2021
Date: 12/13/2023 I 2:03 PM CST
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
IFB #CA -101723
Invitation for Bids
for
Indefinite Delivery -Indefinite Quantity
Construction Contracts
in the
State of California
Bid Due Date: October 17, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government entity and public agency, is issuing this Invitation for Bids (IFB) on behalf of its participating entities to create indefinite delivery -indefinite quantity construction (IDIQ) contracts that may be used by those participating entities for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.
This IFB consists of the following parts:
1. Invitation for Bids, including Map of Regions
2. Template IDIQ Construction Contract
3. IDIQ Contract General Terms and Conditions
4. Construction Task Catalog
5. Technical Specifications
A full copy of the IFB can be found on the Sourcewell Procurement Portal ( https://oroportal,sourcewell- mn.gov), and only bids submitted through the Sourcewell Procurement Portal will be considered. Bids are due no later than October 17, 2023, at 4:30 p.m. Central Time, and late bids will not be considered.
Solicitation Schedule
Notice of Solicitation Published: September 12, 2023
Pre -bid Conference:
Question Submission Deadline:
Bid Due Date:
Opening:
Rev. 4/2023
September 26, 2023, 12:00 p.m., Central Time
October 10, 2023, 4:30 p.m., Central Time
October 17, 2023, 4:30 p.m., Central Time
Late responses will not be considered.
October 17, 2023, 6:30 p.m., Central Time
See Article VII. G. for more information.
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
ABOUT SOURCEWELL AND ITS PARTICIPATING ENTITIES
Sourcewell is a State of Minnesota local government and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its participating entities across the United States. It has the authority to develop and offer, among other services, joint purchasing services to its participating entities. Sourcewell's solicitation process complies with State of Minnesota law and policies.
Sourcewell's participating entities in the State of California may include:
• Federal and state government
• Cities, towns, and counties/parishes
• Education service cooperatives
• K-12 and higher education
• Tribal government
• Some nonprofit
• Other public entities
II. INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION PROGRAM Sourcewell is soliciting bids for its IDIQ construction program. IDIQ contracting offers participating entities access to competitively solicited and awarded contracts for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.
Sourcewell has engaged The Gordian Group, Inc. (Gordian) to provide management of its IDIQ construction program. In this role, Gordian provides support to Sourcewell in the administration of the program, including: preparing Construction Task Catalogs and related technical specifications, providing information management systems and licenses to contractors, training to contractors, administering fee collection, consulting services to Sourcewell, and assisting with proposal package or work order development. Participating Entities access Sourcewell IDIQ contracts resulting from this IFB through relevant purchasing authority, and work directly with Contractors awarded through this IFB.
Under IDIQ, an awarded Contractor furnishes management, labor, materials, equipment, and incidental design support needed to perform the work. Details of the program's operation can be found within the Contract, and General Terms and Conditions document included in this IFB.
III. REQUIRED BIDDER QUALIFICATIONS
In determining a Bidder's responsibility and ability to perform under a Contract, Sourcewell has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, business location(s) and organization of the Bidder, the Bidder's record with environmental regulations, and the claims and litigation history of the Bidder. Sourcewell reserves the right to verify the Bidder's information and may request clarification from a Bidder.
A. A Bidder's business must be normally engaged in performing the type of work specified within this IFB and must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to a Sourcewell participating entity (as solely determined by Sourcewell).
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
B. Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s).
C. Bidders responding to Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and/or Limited Specialty Contracts (C-61) solicitations must perform at least 51% of all contracted work with its own organization and forces. The percentage calculation does not include field superintendents or office management personnel.
D. Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions.
IV. BID OVERVIEW AND PREPARATION INSTRUCTIONS
A. REQUESTED INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION SERVICES. The IDIQ services specified include General Building, Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and Limited Specialty Contracts. At this time, no specific projects have been identified; work and work volume from any resulting contract are not guaranteed. Specific description of work and summary of duties for each category of construction can be found in the Technical Specifications.
B. PREPARATION INSTRUCTIONS. Strict compliance with the following instructions is required for properly preparing a bid. Before submitting a bid, it is the responsibility of each Bidder to:
1) Examine the IFB Documents thoroughly;
2) Consider all applicable federal, state and local laws, regulations, ordinances, and procurement codes that may affect costs, progress, performance, or furnishing of a participating entity's work; and,
3) Notify Sourcewell of all conflicts, errors, or discrepancies in the IFB Documents of which Bidder knows.
The submission of a Bid constitutes a representation by the Bidder to Sourcewell that it has complied with the above requirements and that, without exception, its Bid is premised upon performing and furnishing the Work required by this IFB.
Bidders should include all relevant information in its bid. Sourcewell cannot consider information that is not provided in the bid.
C. ESTIMATED CONTRACT VALUE AND USAGE. Based on past volume of similar contracts, the estimated annual value of each contract resulting from this IFB is $5,797,275. Sourcewell anticipates considerable activity under the contract(s) awarded from this IFB; however, work and work volume from any resulting contract are not guaranteed.
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
V. BID PRICING
A. CONSTRUCTION TASK CATALOG AND ADJUSTMENT FACTOR. In order to evaluate bid pricing and the retain consistency within contract pricing, Sourcewell uses Gordian's proprietary Construction Task Catalog (CTC). The CTC as a comprehensive listing of specific repair and construction related Tasks, together with a specific unit of measurement and a pre-set unit price (Unit Price). All Unit Prices within the CTC are based on local labor, material, and equipment prices for the direct cost of construction.
Under this IFB, Bidders will offer price adjustments (Adjustment Factors) that will be applied to CTC Unit Prices. The Adjustment Factors represent either an increase to the present Unit Prices (such as 1.1000) or a decrease from the preset Unit Prices (such as 0.9800).
A participating entity's cost for a specific task will be determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor (e.g., specific task cost = preset unit price in CTC * quantity needed * Adjustment Factor). 1) Each Bidder must submit 3 Adjustment Factors to be applied to every task in the CTC. The bid must be either an adjustment "decrease from" (e.g. 0.9800) or "increase to" (e.g.
1.1000) the Unit Prices listed in the CTC.
2) The Bidder's Adjustment Factors must include all of the Bidder's direct and indirect costs.
This includes, but is not limited to, its costs for overhead, profit, bond premiums above the reimbursable amount, insurance, mobilization, purchase order proposal development, and all contingencies in connection therewith. See pages 00t-1- 00-6 of the CTC for a complete explanation of what is and is not included in the Unit Prices. Note, where applicable, the bidder must comply with all applicable prevailing wage laws. The wage rates in the CTC were current at the time these IFB Documents were issued.
a. The first Adjustment Factor will be applied to work to be accomplished during Normal Working Hours and are performed on projects that do require prevailing wage rates.
b. The second Adjustment Factor will be applied to work to be accomplished during Other Than Normal Working Hours and are performed on projects that do require prevailing wage rates.
c. The third Adjustment Factor will be applied to work to be accomplished at secured facilities/OSHPD that do require prevailing wage rates. d. The fourth Adjustment Factor will be applied to work to be accomplished on all union wage projects.
e. The fifth Adjustment Factor will be for work tasks not identified in the Construction Task Catalog. IQCC includes a provision for establishing of prices for Work requirements which are within the general scope of IQCC but were not included in the CTC at the time of Contract award. These Tasks are referred to as "Non Pre -priced Tasks (NPP)." NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. 3) Adjustment Factors may be specified to the fourth decimal place. For example:
1 1
0 0
0 Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Or
0 .
9 8
0 0
4) For bid evaluation purposes only, the following weighing of the Adjustment factors will be used to determine the Combined Adjustment Factor. Complete the following information within the Sourcewell Procurement Portal:
Adjustment Factors
Weight
Normal Working Hours — Prevailing Wage Rate
Projects
50%
Other Than Normal Working Hours — Prevailing
Wage Rate Projects
15%
Secured/OSHPD Prevailing Wage Rate Projects
15%
All Union Wage Projects
10%
Non -Pre -Priced Adjustment Factor
10%
B. ADMINISTRATIVE FEES. Awarded contractors must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell's contract administrator, Gordian. The bidder must include the administrative fee in calculating the Contractor's Adjustment Factors.
Detailed information about Sourcewell's administrative fee can be found in Article VII. B of the General Terms and Conditions.
VI. CONTRACT
Bidders awarded a contract will be required to execute the Contract (including its General Terms and Conditions) attached to this IFB.
VII. BIDDING PROCESS
A. PRE -BID CONFERENCE. Sourcewell will hold a non -mandatory pre -bid conference via webcast on the date and time noted in the Solicitation Schedule and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential bidders to ask questions regarding this IFB. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -bid conference attendance is optional but highly encouraged.
B. QUESTIONS REGARDING THIS IFB AND ORAL COMMUNICATION. Any questions regarding this IFB must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this IFB. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
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All questions, whether specific to a Bidder or generally related to the IFB, must be submitted using this process. Do not contact individual Sourcewell staff (or any representative of Gordian) to ask questions or request information as this may disqualify the Bidder from responding to this IFB. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA. Sourcewell may modify this IFB; however, no Addenda will be issued later than 5 days prior to the Bid Due Date, except an Addendum that withdraws or postpones this IFB. Addenda issued by Sourcewell become a part of the IFB and will be delivered to potential Bidders through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a bid will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Bidder by checking the box for each addendum. It is the responsibility of the Bidder to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a Bidder submitted its Bid, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Bidder's Bid status to INCOMPLETE. The Bidder can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Bidder is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Bid (and up to the Bid due date). If the Bidder's Bid status has changed to INCOMPLETE, the Bidder is solely responsible to:
1) make any required adjustments to its bid,
2) acknowledge the addenda, and
3) ensure the re -submitted bid is received through the Sourcewell Procurement Portal no later than the Bid Due Date and time shown in the Solicitation Schedule above.
D. BID SUBMISSION. Bidder's complete bid must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule and on the Sourcewell Procurement Portal. Any other form of bid submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late bids will not be considered. It is the Bidder's sole responsibility to ensure that the bid is received on time. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Bidder has obtained this IFB from a third party, the onus is on the Bidder to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Procurement Portal, all bids must be digitally acknowledged by an authorized representative of the Bidder attesting that the information contained in in the bid is true and accurate. By submitting a bid, Bidder warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Bidder to remedies available by law.
It is recommended that Bidders allow sufficient time to upload the bid and to resolve any issues that may arise. The time and date that a bid is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
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Upon successful submission of a bid, the Portal will automatically generate a confirmation email to the Bidder. If the Bidder does not receive a confirmation email, contact Sourcewell's support provider at [email protected].
E. GENERAL BID REQUIREMENTS. Bids must be:
• In substantial compliance with the requirements of this IFB or it will be considered nonresponsive and be rejected
• Complete —a bid will be rejected if it is conditional or incomplete • Submitted in English
• Valid and irrevocable for 180 days following the Bid Due Date Any and all costs incurred in responding to this IFB will be borne by the Bidder.
F. BID MODIFICATION WITHDRAWAL. A submitted bid may not be modified, withdrawn, or cancelled by the Bidder for a period of 180 calendar days following the time and date designated for the receipt of bids. Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn through the Sourcewell Procurement Portal.
G. OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of Bidders, verify that the Sourcewell Procurement Portal opportunities list search is set to "AII" or "Closed." The solicitation status will automatically change to "Closed" after the Bid Due Date and Time.
VIII. EVALUATION AND AWARD
A. EVALUATION. Only responsive bids will be evaluated. A responsive bid must have been submitted on time and materially satisfy all mandatory requirements identified in this IFB. Deviations or exceptions stipulated in Bidder's response, while possibly necessary in the view of the Bidder, may result in disqualification.
B. AWARD S). It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible Bidder(s) based on the Combined Adjustment Factor as calculated by Sourcewell within each Region.
C. CONTRACT TERM. The term of the resulting contract(s) awarded by Sourcewell under this solicitation will be one year. Sourcewell and Contractor may agree to up to five additional one-year extensions. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
A Bidder will not be awarded more than one same scope Contract within any Region. The maximum number of contracts to be initially awarded for each geographic region and contract type are reflected in the tables below:
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Region 1:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 2:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 3:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 4:
General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 5:
General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 6:
General Building
6 Contracts
Electrical
2 Contracts
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Paving
Mechanical/HVAC
2 Contracts
2 Contracts
Roofing/Waterproofing
2 Contracts
Region 7:
General Building
6 Contracts
Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Landscaping
2 Contracts
Painting
2 Contracts
Region 8:
General Building
20 Contracts
Electrical
6 Contracts
Mechanical/HVAC
6 Contracts
Paving
6 Contracts
Roofing/Waterproofing
6 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
4 Contracts
Low Voltage Systems
4 Contracts
Fire Protection
2 Contracts
Plumbing
4 Contracts
Sanitation Systems
4 Contracts
Limited Specialty Contracts (C-61)
6 Contracts
Region 9:
General Building
8 Contracts
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Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
2 Contracts
Plumbing
4 Contracts
Landscaping
2 Contracts
Solar
2 Contracts
Region 10.'
General Building
4 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Painting
2 Contracts
Roofing/Waterproofing
2 Contracts
Sourcewell reserves the right to award additional contracts from this solicitation, above the stated maximum number, if it is determined to be in the best interests of Sourcewell and participating entities, for a period of 180 Days (or longer, if mutually agreeable to both the bidder and Sourcewell).
Sourcewell retains the right to waive any informality in a Bidder's response. Sourcewell reserves the right to reject all bids and advertise again if, in Sourcewell's opinion, the bids received do not meet or exceed the minimum needs and expectations of Sourcewell and its participating entities.
Competitive Range. If Sourcewell receives a wide margin of bid Adjustment Factors, either too high or too low, then the Sourcewell Bid evaluation committee may establish a Competitive Range for the IFB. If it is determined that a Bidder's Combined Adjustment Factor is too far outside the Competitive Range, then the Bidder can be removed from consideration. The Bidder will be notified that it was determined to be outside the Competitive Range after award of the contracts.
Unbalanced Bid. A Bid may be removed from consideration if it is determined that the Bidder has mathematically unbalanced its Bid to gain a competitive advantage. The Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the contractor's reasonable actual cost.
Those costs would include a reasonable prorated share of its anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the performance of the work as determined by the Sourcewell Bid Review Committee.
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Other Than Normal Working Hours Adjustment Factors. A Bidder's Other Than Normal Working Hours Adjustment Factors must be higher or equal to its Normal Working Hours Adjustment Factors.
IX. ASSIGNMENT OF WORK
See the Contract, and General Terms and Conditions for a detailed description of how work will be assigned.
X. PROTESTS OF AWARDS
Any protest made under this IFB by a Bidder must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.
A protest must allege a procedural or technical defect, with supporting documentation. A request for re- evaluation of a bid's content will not be entertained.
A protest must include the following items:
• The name, address, and telephone number of the protester • The original signature of the protester or its representative • Identification of the solicitation by IFB number
• A precise statement of the relevant facts
• Identification of the alleged breakdown in procedure or technical issues • Identification of the legal or factual basis
• Any additional supporting documentation
• Protest bond in the amount of $20,000, except where prohibited by law or treaty Protests that do not address these elements will not be reviewed.
XI. RIGHTS RESERVED
This IFB does not commit Sourcewell to award any contract, and a bid may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Bids that contain false statements or do not support an attribute or condition stated by the Bidder may be rejected.
Sourcewell reserves the right to:
• Modify or cancel this IFB at any time
• Reject any and all bids received
• Reject bids that do not comply with the provisions of this IFB • Independently verify any information provided in a Bid • Disqualify any Bidder that does not meet the requirements of this IFB, is debarred or suspended by the United States or Canada, State of Minnesota, participating entity's state; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the bids received • Clarify any part of a bid
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• Award a contract if only one responsive bid is received if it is in the best interest of participating entities
• Award a contract to one or more Bidders if it is in the best interest of participating entities XII. DISPOSITION OF BIDS
All materials submitted in response to this IFB will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591. It is the Bidder's responsibility to clearly identify any data submitted that it considers to be protected. Bidder must also include a justification for the classification citing the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Bidder to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Bidder is not considered trade secret under the statutory definition.
The Bidder understands that Sourcewell will reject bids that are marked confidential nonpublic, either substantially or in their entirety.
[Map of Regions to Follow]
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MAP OF
SOURCEWELL CONTRACT
REGIONS
Solicitation #CA -101723
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Region 1
Colusa
Humboldt
Tehama
Del Norte
Lake
Trinity
Glenn
Mendocino
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Region 2
Butte
Plumas
Sierra
Lassen
Shasta
Siskiyou
Modac
Region 3
El Dorado
Placer
Sutter
Nevada
Sacramento
Yuba
Region 4
Contra Costa
Napa
Sonoma
Marin
Solano
Yolo
Region 5
Fresno
Merced
Stanislaus
Kings
San Joaquin
Tulare
Madera
Region 6
Alameda
San Francisco
Santa Clara
Monterey
San Mateo
Santa Cruz
San Benito
Region 7
Kern
Santa Barbara
Ventura
San Luis Obispo
Region 8
Los Angeles
Riverside
San Bernardino
Orange
Region 9
Imperial
San Diego
Region 10
Alpine
Inyo
Mono
Amador
Mariposa
Tuolumne
Calaveras
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