WI
PRIME SOLUTIONS
Pendin*. Liti a ion and Insurance
Pending Litigation
DG Prime Solutions affirms that there have been no substantiated complaints, litigation, legal proceedings, or investigations involving the firm or its principals in the last five (5) years.
Insurance
DG Prime Solutions will provide evidence of the following insurance coverages in compliance with the requirements outlined in Attachment C:
• Commercial Liability
• Professional Liability
• Workers Compensation
DG Prime Solutions I Phone: 1(888) 215-52351 Email: [email protected] I Website:
www.dgprimesolutions.com
PRIME SOLUTIONS
ethodology
ethodology
DG Prime Solutions will implement a structured and efficient approach to ensure all janitorial services meet the City's standards. Our methodology emphasizes quality, consistency, and responsiveness. We will utilize industry best practices, eco-friendly products, and advanced cleaning techniques to maintain a safe and sanitary environment.
The approach includes clear communication channels, scheduled inspections, and continuous improvement strategies to guarantee client satisfaction.
Specific Tasks, Milestones, and Deliverables
The following tasks and milestones will guide the execution of services:
• Initial site assessment and service planning
• Daily janitorial services including sweeping, mopping, and trash removal • Weekly deep cleaning of high -traffic areas
• Monthly quality assurance inspections
• Quarterly performance review and reporting
Workplan
Our workplan allocates resources effectively to ensure timely completion of all tasks. The plan includes:
• Proposed hours for each retainer service
• Availability of team members for scheduled and emergency services • Quality assurance protocols to maintain high standards • Supervision and reporting structure for accountability DG Prime Solutions I Phone: 1(888) 215-52351 Email: [email protected] I Website:
www.dgprimesolutions.com
PRIME SOLUTIONS
ana
e ent and affing
Management Structure
DG Prime Solutions will utilize a streamlined management structure to ensure accountability and efficiency. Our leadership team will oversee all operations, maintain communication with City representatives, and ensure compliance with contractual obligations.
Staffing Configuration
The staffing configuration will include trained janitorial personnel, supervisors, and quality assurance specialists. Each team member will be assigned specific responsibilities to maintain service standards and meet project timelines.
Qualifications of Assigned Staff
All assigned staff members possess extensive experience in janitorial services and have completed safety and compliance training. Resumes for key personnel are included in the appendix.
• David Garcia — Owner and Operator (Primary Contact)
• Site Supervisor —Claudia Vega responsible for daily operations and inspections • Janitorial Team — Martha Becerra, Gustavo Vega, Jose Aguiere, trained in eco-friendty cleaning methods
Primary Responsible Person and Subcontractors
David Garcia, Owner and Operator, will have primary responsibility for all requested services. Currently, DG Prime Solutions does not anticipate using subcontractors; however, any subcontractors integral to the team will be disclosed and approved by the City prior to engagement.
DG Prime Solutions I Phone: 1(888) 215-52351 Email: [email protected] I Website:
www.dgprimesolutions.com
PRIME SOLUTIONS
Cost and Pricin
Proposal. Price Sheet
Please refer to Attachment A for the detailed Proposal Price Sheet, which outlines the comprehensive pricing for retainer services as requested by the City.
Hourly Rate Schedule for Non -Retainer Services
The following hourly rates apply to as -needed non -retainer services. These rates include labor costs and standard overhead.
Sample Fee Schedule
Role
Hourly Rate
Notes
Owner/Operator
$53/hr
Primary contact and
oversight
Site Supervisor
$24/hr
Daily operations and
inspections
Janitorial Staff
$20/hr
Routine cleaning tasks
Quality Assurance
Specialist
$75k/salary
Performance monitoring
Supplies and Chemicals
The following essential supplies and cleaning chemicals will be provided as part of the janitorial services. Costs are included on total proposal cost. • Toilet Paper— $47/case
• Soap - $8/gallon or dispenser refill
• Paper Towels - $26.25/case
• Toilet Seat Covers - $35/case
• Air Fresheners - $ 18/case
DG Prime Solutions I Phone: 1(888) 215-52351 Email: [email protected] I Website:
www.dgprimesolutions.com
WI
PRIME SOLUTIONS
DG Prime Solutions I Phone: 1(888) 215-52351 Email: [email protected] I Website:
www.dgprimesolutions.com
ATTACHMENT "A"
PROPOSAL PRICE SHEET
PROPOSAL PRICE SHEET
For all services described below, unless excluded by the City in description of services below, the City shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of proposals.
Year One General Services
Item
Item Description
Frequency
Per Year
Monthly
Cost
Quarterly
Cost
Annual Cost
1 Tuesday, Thursday, Saturday Service
156 times
$ 2,204.8
$ 26,457.60
2 Saturday Service
52 times
$ 293 97
$ 3527.64
3 Monthly Service
12 times
$ 67.84
$ 814.08
4 Quarter y Service
4 times
$67.84
$ 271.36
5 Annual Service
1 time
$ 48.16
I
IIII
IIIII IIIIIII I
Illll l f If
If If If If
If If If
If
Total
AnearOnet
$31,118.84
In
Year One Hourly Rates for Additional Services
Item
Item Description
Regular Hourly Rate
Overtime Hourly Rate
Holiday Hourly Rate
6 Janitor
$18.50
- 20
$ 27.75
- 30
$18.50
- 20
7 Lead Janitor
$20
$ 30
$ 20
8 Janitorial Supervisor
$24
$ 36
$24
Year Two General Services
Item
Item Description
Frequency
Per Year
Monthly
Cost
Quarterly
Cost
Annual Cost
1 Tuesday, Thursday, Saturday Service
156 times
$2,204.8
$26,457.6
2 Saturday Service
52 times
$ 293.97
$3,527.64
3 Monthly Service
12 times
$ 67.84
$ 814.08
4 Quarter y Service
4 Imes
$ 67.84
$ 271.36
5 Annual Service
1 time
$ 48.16
Total
Year
Annual Cost
$ 31,118.84
Year Two Hourly Rates for Additional Services
Item
Item Description
Regular Hourly Rate
Overtime Hourly Rate
Holiday Hourly Rate
6 Janitor
$18.50
- 20
$ 27.75
- 30
$18.50
- 20
7 Lead Janitor
$ 20
$30
$ 20
8 Janitorial Supervisor
$24
$ 36
$24
Year Three General Services
Item
Item Description
Frequency
Per Year
Monthly
Cost
Quarterly
Cost
Annual Cost
1 Tuesday, Thursday, Saturday Service
156 times
$2 3 4 98
$27,779.85
2 Saturday Service
52 times
$ 308.66
°, Ill
$3,703.92
3 Monthly Service
12 times
$ 71.23
$854.78
4 Quarter y Service
4 f meS
$71.23
$ 284.92
5 Annual Service
1 time
$48.16
I III
Total
Year Three
Annual Cost
$ 32,671.61
Year Three Hourly Rates for Additional Services
Item
Item Description
Regular Hourly Rate
Overtime Hourly Rate
Holiday Hourly Rate
6 Janitor
$19.50-21.50
$ 29.25 - 32.25
$19.5-21.5
7 Lead Janitor
$21.50
$32.25
$21.5
8 Janitorial Supervisor
$ 25.20
$37.5
$ 25.5
Optional Year Four General Services
Item
Item Description
Frequency
Per Year
Monthly
Cost
Quarterly
Cost
Annual Cost
1 Tuesday, Thursday, Saturday Service
156 times
$2,314.98
$ 27,779.85
2 Saturday Service
52 times
$ 308.66
IMlillllllllllllllllllllllllll l llll l llll l llll l llll l llll l l $ 3,703.92
3 Monthly Service
12 times
$ 71.23
$ 854.76
4 Quartery Service
4 mes
I
I,, $ 71.23
$ 284.92
5 Annua Service
1 time
$
$ 48.16
I
I
i
i
.' Total
Year Four
Annual Cost
$32,671.61
Optional Year Four Hourly Rates for Additional Services Item
Item Description
Regular Hourly Rate
Overtime Hourly Rate
Holiday Hourly Rate
6 Janitor
$19.50-21.50
$ 29.25 - 32.25
$19.5-21.5
7 Lead Janitor
$21.50
$ 32.25
$ 21.5
8 Janitorial Supervisor
$25.20
$ 37.5
$ 25.5
Optional Year Five General Services
Item
Item Description
Frequency
Per Year
Monthly
Cost
Quarterly
Cost
Annual Cost
1 Tuesday, Thursday, Saturday Service
156 times
$2,314.98
$
$27,779.85
2 Saturday Service
52 times
$ 308.66 '°W01010101010101001010101010101V1 !'
$3,703.92
3 Monthly Service
12 times
$71.23
$
$s5a.76
4 Quarterly Service
4 times
N
$
$71.23
$ 284.92
5 Annual Service
1 time
$ 48.16
wAlVIII
Total
Year Five
Annual Cost
$ 32,671.61
m.^
h
9Iw VIII
lu _ III
Optional Year Five Hourly Rates for Additional Services Item
Item Description
Regular Hourly Rate
Overtime Hourly Rate
Holiday Hourly Rate
6 Janitor
$19.50-21.50
$29.25-32.25
$ 19.5 - 21.5
7 Lead Janitor
$21.50
$32.25
$21.5
8 Janitorial Supervisor
$25.20
$37.5
$25.5
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jennifer Pineda, Senior Management Analyst
SUBJECT: Consideration of a Resolution Recognizing Parkwest Bicycle Casino as a Vital Community Partner and Contributor to the City's Economic, Civic, and Philanthropic Well-being
MEETING DATE: January 26, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached Resolution Recognizing Parkwest Bicycle Casino as a Vital Community Partner and Contributor to the City's Economic, Civic, and Philanthropic Well-being.
BACKGROUND / DISCUSSION:
The Parkwest Bicycle Casino ("Parkwest Bicycle") has operated in the City of Bell Gardens since 1984 and has served as a strong economic driver within the City attracting visitors, supporting small local businesses, and contributing to tourism, dining, and hospitality. In addition, Parkwest Bicycle provides stable employment opportunities for approximately 1,800 residents and serves as a key employer within the community.
Revenues generated by Parkwest Bicycle help fund essential public services which include public safety, parks and recreation, housing initiatives, senior services, youth programs, infrastructure maintenance, and other vital municipal needs that provide quality -of -life improvements for residents. A consistent commitment to civic responsibility has been demonstrated through philanthropy, sponsorships, volunteerism and in -kind support for programs and services that provide measurable benefits to residents and local organizations.
Furthermore, Parkwest Bicycle operates in compliance with all applicable local, state, and regulatory requirements and has demonstrated an ongoing commitment to responsible business practices. This includes adherence to gaming regulations, and public safety requirements designed to protect visitors, employees, and the broader community. In addition to operating responsibly, Parkwest Bicycle serves as a vital part of the City by contributing to its economic stability, supporting community programs, and actively participating in civic initiatives. The City regularly acknowledges organizations that demonstrate exceptional civic responsibility and community leadership, and Parkwest Bicycle meets these criteria through both financial contributions and active participation in sustained community engagement. Formal recognition would acknowledge these contributions and reinforce the City's commitment to partnerships that enhance community well-being.
CONCLUSION:
Through sustained philanthropic giving, civic engagement, and local investment, Parkwest Bicycle has demonstrated a strong commitment to community partnership and therefore, staff recommends adoption of the attached Resolution formally recognizing its positive impact on the City.
FISCAL IMPACT:
None.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, RECOGNIZING PARKWEST BICYCLE
CASINO AS A VITAL COMMUNITY PARTNER AND CONTRIBUTOR
TO THE CITY'S ECONOMIC, CIVIC, AND PHILANTHROPIC WELL-
BEING
WHEREAS, the City of Bell Gardens ("City") is committed to supporting responsible local businesses that contribute to the City's economic stability, civic life, and long-term prosperity; and
WHEREAS, Parkwest Bicycle Casino ("Parkwest Bicycle") has operated in the City since 1984 as a regulated, licensed card room that adheres to rigorous state and local oversight, ensuring public safety, accountability, and compliance; and WHEREAS, Parkwest Bicycle provides thousands of good -paying jobs and serves as a key employer within our community, employing approximately 1,800 residents in roles that offer competitive wages, benefits, and opportunities for advancement; and
WHEREAS, revenues generated by Parkwest Bicycle directly fund essential city services —including public safety, parks and recreation, housing initiatives, senior services, youth programs, infrastructure maintenance, and other vital municipal needs —and Parkwest Bicycle is among the most significant contributors to the City's General Fund; and
WHEREAS, Parkwest Bicycle plays a vital role in strengthening the City's economic base by attracting visitors, supporting local small businesses, and contributing to tourism, dining, and hospitality sectors; and WHEREAS, Parkwest Bicycle has demonstrated an enduring commitment to civic engagement by collaborating with community organizations, participating in City events, supporting local businesses, and partnering with public safety departments, nonprofits, and neighborhood groups; and
WHEREAS, Parkwest Bicycle has supported charitable causes in the City and the region through philanthropy, sponsorships, volunteerism, and in -kind contributions benefiting youth sports, food banks, community centers, public schools, veterans' programs, etc.; and
WHEREAS, California card rooms —including Parkwest Bicycle —operate responsibly under a unique structure mandated by state law that ensures games are conducted fairly, safely, and with integrity while providing a safe entertainment option for residents and visitors; and
Resolution No. 2026-14
WHEREAS, the continued operation of Parkwest Bicycle is essential to maintaining economic balance and preventing undue concentration of gaming opportunities outside local jurisdictions, which could negatively affect city revenues, local jobs, and the wide range of services funded through card room activity; and WHEREAS, the City values Parkwest Bicycle as a longstanding community partner whose presence is foundational to the City's economic health, civic vibrancy, and community identity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of BeII Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the City Council recognizes and commends Parkwest Bicycle for its ongoing contributions to the economic, civic, and philanthropic life of our community.
SECTION 3. The City Council further affirms its support for the continued operation of a responsible, well -regulated card room within the City and acknowledges the essential role they play in funding local services, supporting local jobs, and strengthening the overall well-being of the community.
SECTION 4. 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 its approval.
[Signatures on following page]
2 of 4
Resolution No. 2026-14
PASSED, APPROVED, and ADOPTED this 26th day of January, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
3 of 4
Daisy Gomez
City Clerk
Resolution No. 2026-14
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 , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
4 of 4
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:
FROM:
BY:
SUBJECT:
MEETING DATE:
Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk
Local Commissions Appointment List
January 26, 2026
RECOMMENDATION:
It is staffs recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND / DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state -mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ELECTRONICALLY APPROVED BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
NAME
APPOINTED BY
VACANCY APPOINTMENT
POSTED
DATE
Ereni de la Paz
Linda Judith Lopez
Crystal Jimenez
Juan Manuel Rojas
iquel Maravilla
VACANT
Barcena
9/17/2025
Barcena
Chavez
De La Rosa
Guillen
Sanchez
9/22/2025
4/28/2025
1/13/2025
1/27/2025
1/13/2025
Carlos Jose Barrera
Chavez
1/13/2024
Kenneth Preciado
Yorgelvs Monrov
De La Rosa
1/13/2025
2/11/2025
9/11/2023
Oscar Boado
Guillen
Sanchez
VACANT
Barcena
1/6/2025
Katelvnn Cabrera
Ainslee Preciado
Chavez
De La Rosa
4/28/2025
2/24/2025
10/27/2025
Karla Acosta
Guillen
Carmen Vargas
Sanchez
7/22/2024
Ana Maria Sanchez Flores
Barcena
1/9/2023
Marra Teresa Yanez
Karina Garcia
Chavez
De La Rosa
4/28/2025
5/12/2025
VACANT
Stephanie Perez
David Heredia
Guillen
Sanchez
Barcena
Edgar Juvenal Lopez Bustillos
Gustavo Mendez
Samuel Perez
Chavez
De La Rosa
Guillen
Pedro Trujillo
Sanchez
1/23/2023
1/9/2023
4/28/2025
4/14/2025
2/24/2025
1/12/2026
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Updated: 1/13/2026
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 a Professional Services Agreement with RRM Design Group for Design, Architecture and Engineering Services for the Veterans Park Refurbishment Project DATE: January 26, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreement with RRM Design Group for Design, Architecture and Engineering Services for the Veterans Park Refurbishment Project, in a form approved by the City Attorney; and
2. Authorize the City Manager to approve additional design services that may be necessary to cover any unforeseen conditions in an amount not to exceed 10% of the Professional Services Agreement.
BACKGROUND/DISCUSSION:
The City of Bell Gardens Veterans Park is located at 6662 Loveland Street. Veterans Park is one of the City's primary recreational hubs, offering an array of activities for all ages. In 2022, the City was awarded a $3,997,000 Statewide Park Development and Community Revitalization (Prop 68) Grant, and in 2024, the City was awarded a $700,000 U.S.
Department of Housing and Urban Development Community Project Funding (HUD CPF) Grant. Additionally, the City allocated $1,085,567 of its Community Development Block Grant (CDBG) in 2025. Prop 68 funds will be utilized for the Veterans Park Refurbishment project and the CDBG and HUD CPF funds will be utilized for the Veterans Park Restroom Renovation project, for a total of $5,782,567 for the Veterans Park Refurbishment and Restroom Renovation.
As part of this grant, the City recently installed the outdoor fitness equipment in Fall 2024.
A total of 30 pieces of fitness equipment is now available for public use. Additionally, lighting improvements required by the grant were completed in February 2025, which included the removal and replacement of lighting fixtures with new LED lighting throughout Veterans Park, and the replacement of the ballfield lights with new ballfield LED lighting. The remaining improvements call for architectural elements that require professional design services.
On July 31, 2025, the City released a Request for Proposals for Design, Architecture and Engineering Services for the Veterans Park Refurbishment and Restroom Renovation ("RFP"). On August 15, 2025, the City issued Addendum No. 1 to include a mandatory pre -proposal meeting and extend the proposal submittal deadline to September 16, 2025.
On September 12, 2025, the City issued Addendum No. 2 to respond to requests for information, revise the scope of services, and extend the proposal submittal deadline to October 2, 2025. On September 29, 2025, the City issued Addendum No. 3 to provide additional responses to requests for information.
On October 2, 2025, the City received proposals from 10 proposers as listed below in alphabetical order:
• BOA Architecture
• Hirsch & Associates, Inc.
• IDS Group, Inc.
• Infrastructure Architects, Inc.
• MIG, Inc
• Mithun KDI
• RJM Design Group
• RRM Design Group
• SVA Architects
• West of West
The responsive proposals were reviewed and rated by Public Works and Recreation and Community Services staff based on their completeness in response to the following evaluation criteria outlined in the RFP:
• Comprehension of the Request for Proposals (Max score: 25 points). • Qualifications of Proposer (Max score: 45 points).
• References (Max Score: 20 points).
• Fee proposal (Max Score: 10 points).
On November 24, 2025, a panel consisting of Public Works staff conducted interviews with the top five scoring proposers to further assess their qualifications. The table below illustrates the rank and scores of the proposers after interviews, from the highest ranked to the lowest ranked proposer:
Rank
Firm Name
Score
1 RRM Design Group
91 2
IDS Group, Inc.
89 3
RJM Design Group
89 4
BOA Architects
82 5
Infrastructure Architects, Inc.
80 After the interviews were completed, the City and the highest ranked firm began negotiations to finalize pricing terms. Although agreements for professional services need not be awarded to the lowest responsible proposer, cost may be considered as a factor.
As the RFP was structured for a single agreement, several firms submitted comprehensive pricing that reflects the combined project scope, while others provided separate itemized pricing for the Veterans Park Refurbishment and the Restroom Renovation.
The table below illustrates a comparison of the costs provided by the responsive proposers, from the highest ranked to the lowest ranked proposer:
Rank
Firm Name
Proposal Type
Proposal Cost
1 RRM Design Group
Itemized
$603,471 (VP Refurbishment)
$305,138 (Restroom Renovation)
Total Proposal Amount: $908, 609
2 IDS Group, Inc.
Comprehensive
$428,619 (VP Refurbishment and Restroom
Renovation)
$74,220 (Optional Tasks)
Total Proposal Amount: $502,839
3 RJM Design Group
Comprehensive
$682,000 - $869,900 (VP Refurbishment and
Restroom Renovation — Final pricing based on
final scope)
$187,770 (Optional Tasks)
Total Proposal Amount: $869,770 - $1,057,670
4 BOA Architects
Comprehensive
$503,000 (VP Refurbishment and Restroom
Renovation)
Total Proposal Amount: $503,000
5 Infrastructure Architects, Inc.
Itemized
$301,245 (VP Refurbishment)
$170,606 (Restroom Renovation)
Total Proposal Amount: $471,851
Public Works initially intended to award these projects to a single consultant; however, the RFP evaluation and interview process showed that a project of this magnitude would yield better results by awarding separate agreements, one for the Veterans Park Refurbishment and another for the Restroom Renovation. This approach would leverage the specific strengths of the firms to meet the individual demands of each respective project.
In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider. RRM Design Group's proposal demonstrated that their firm understands the City's demands and grant requirements for the Veterans Park Refurbishment Project.
CONCLUSION:
Based on RRM Design Group's proposal rating, staff is recommending that the City Council award RRM Design Group a Professional Services Agreement for the Design, Architecture and Engineering Services for the Veterans Park Refurbishment Project for a three-year term, or until completion of the project, whichever occurs first.
FISCAL IMPACT:
The Professional Services Agreement not to exceed amount is $603,471. An additional 10% contingency in the amount of $60,347 for additional design services, if requested by the City Manager, would be added to the Agreement, for a total not to exceed amount of $663,818. The current FY 25/26 budget includes sufficient funding for design services for the Veterans Park Refurbishment Project.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR DESIGN,
ARCHITECTURE AND ENGINEERING SERVICES FOR THE
VETERANS PARK REFURBISHMENT PROJECT
WHEREAS, in accordance with Bell Gardens Municipal Code Section 3.04.105, on August 15, 2025, the City released a Request for Proposals for Design, Architecture and Engineering Services for the Veterans Park Refurbishment and Restroom Renovation ("RFP"); and
WHEREAS, on August 15, 2025, the City released Addendum No. 1 to the RFP to include a mandatory pre -proposal meeting and extend the proposal submittal deadline to September 16, 2025; and
WHEREAS, on September 12, 2025, the City released Addendum No. 2 to the RFP to respond to requests for information, revise the scope of services, and extend the proposal submittal deadline to October 2, 2025; and
WHEREAS, on September 29, 2025, the City released Addendum No. 3 to the RFP to provide additional responses to requests for information; and WHEREAS, a comprehensive review and interview process was conducted of the responsive proposals by City staff using the evaluation criteria specified in the RFP for such responsive proposals; and
WHEREAS, City staff determined that RRM Design Group is the most qualified consultant to perform such contracted services by virtue of its experience, training, licenses, and expertise; and
WHEREAS, the City desires to enter into a Professional Services Agreement with RRM Design Group for Design, Architecture and Engineering Services for the Veterans Park Refurbishment Project for a three-year term, or until completion of the project, whichever occurs first.
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 hereby approves a Professional Services Agreement for Design, Architecture and Engineering Services for the Veterans Park
Resolution No. 2026-15
Refurbishment Project by and between RRM Design Group, for a total not -to -exceed sum of $603,471, with a ten percent (10%) contingency, for a three-year term or until completion of the Veterans Park Refurbishment Project, whichever occurs first, in a form approved by the City Attorney.
SECTION 3. The City Council further authorizes the City Manager to execute the Professional Services Agreement between the City and RRM Design Group, consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. 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 its approval.
PASSED, APPROVED, and ADOPTED this 26th day of January, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2026-15
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 January 26, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
2026
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Design, Architecture and Engineering Services, Veterans Park Refurbishment Project)
(Parties: RRM Design Group and City of BeII Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2026 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and RRM DESIGN GROUP (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires design, architecture and engineering services for the Veterans Park Refurbishment Project (hereinafter, "Project"); and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the BeII Gardens City Council at its Regular Meeting on January 26, 2026.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I .
ENGAGEMENT TERMS
1.1 TERM: CONSULTANT shall complete the various tasks identified in the Scope of Work, defined below, and shall complete all services and tasks contemplated 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 recordation of a final Notice of Acceptance for all of the Project Work; or (ii) three (3) years from the Effective Date of this Agreement.
Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. 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 "Request for Proposals for Design, Architecture and Engineering Services for the Veterans Park Refurbishment
and Restroom Renovation" (hereinafter, "CITY RFP") dated July, 31, 2025, and the written proposal of CONSULTANT entitled "City of Bell Gardens Design, Architecture and Engineering Services for the Veterans Park Refurbishment and Restroom Renovation RRM Design Group Proposal" (hereinafter, the "CONSULTANT PROPOSAL") dated October 2, 2025.
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 as it relates only to the Design, Architecture and Engineering Services for the Veterans Park Refurbishment Project.
The capitalized term "Work" shall be a collective reference to all the various 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.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY.
CITY requests for the performance of specific as -needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Task Order"). The standard Task Order form will be provided by the City Representative and shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not -to -exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
2
B. CONSULTANT shall perform no as -needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "Veterans Park Renovation Exhibit "B" Compensation" beginning on page 142 of the CONSULTANT PROPOSAL (hereinafter, the "FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of SIX HUNDRED THREE THOUSAND FOUR HUNDRED SEVENTY-ONE DOLLARS ($603,471), (hereinafter, the "Not -to - Exceed Sum"), during the Term of this Agreement unless such added expenditures are first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY's 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. As authorized by the City Council at its Regular Meeting of January 26, 2026, 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 Sum 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 Sum. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, 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.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate 3
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 will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Bernardo Iniguez, Director of Public Works/Facilities (hereinafter, the "City Representative"), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Jeff Ferber, Managing Partner, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
4
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will 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.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All 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
G. 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.
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 CONSULTANT'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 be 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 Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by 5
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 CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations 6
respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
I II.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
7
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
8
3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 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 arising out of or in any way related to the performance of this 9
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 Work 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.
4.2 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 nature 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.
4.3 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 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.
4.4 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.
4.5 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 10
incurred by counsel of CITY's choice.
4.6 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.
4.7 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.
4.8 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 Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and 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.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted 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 attorneys' 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, 11
subcontractors or subconsultants 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 Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 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.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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 authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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 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.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall 12
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.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: 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 termination. 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 this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance 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 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. 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") 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 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 period set forth under Sections 5.2(B) and 5.2(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 will 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.
B. CONSULTANT will cure the Event of Default within the following time periods:
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 13
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 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 5.2(B)(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 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
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.
C. 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 failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) 14
calendar days from the date of CONSULTANT's Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT'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, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT 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 will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will 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:
Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. 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.
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.
G. 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.
15
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or 16
tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
RRM Design Group
32332 Camino Capistrano
Suite 205
San Juan Capistrano, CA 93401
Attn: Jeff Ferber, Managing Partner
Phone: 949-361-7950
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez, Director of
Public Works/Facilities
Phone: 562-806-7770
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT 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 CONSULTANT, 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 will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
17
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue, without exception, will 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, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will 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 will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, 18
constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay.
The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: 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. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
19
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS: RRM DESIGN GROUP:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
20
EXHIBIT "A"
CITY RFP
21
REQUEST FOR PROPOSALS
FOR
DESIGN, ARCHITECTURE AND ENGINEERING SERVICES FOR
THE VETERANS PARK REFURBISHMENT AND RESTROOM RENOVATION RFP Release Date
Thursday, July 31, 2025
Proposal Submittal Deadline
5:00 p.m., Thursday, August 28, 2025
Contact Person:
Bernardo Iniguez, Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
biniquez bellgardens.orq
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org
TABLE OF CONTENTS
TABLE OF CONTENTS 2
I. INTRODUCTION 3
II. SUBMITTAL PROCEDURES/DEADLINE 4
III. SCHEDULE 5
IV. TERMS AND CONDITIONS 5
V. SCOPE OF SERVICES 11
VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS 14
VII. EVALUATION CRITERIA 16
ATTACHMENTS:
Attachment A — Proposal Price Sheet
Attachment B — Acknowledgement of City's Standard Form of Agreement Attachment C — Sample Professional Services Agreement
INTRODUCTION
The City of Bell Gardens (City) was incorporated on August 1, 1961 as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at -large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy -making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles -Long Beach metropolitan area.
The City's departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department. The Public Works Department consists of various divisions, including Administration, Street Maintenance, Parks and Facilities Maintenance, Utilities and Contracts, Solid Waste Management, Transportation Services, and the City Water System.
The City of Bell Gardens' Veterans Park is located at 6662 Loveland Street. Veterans Park acts as one of the City's primary recreational hubs, offering an array of activities for all ages. In 2022, the City was awarded a $3,997,000 Statewide Park Development and Community Revitalization (Prop 68) Grant, and in 2024, the City was awarded a $700,000 U.S. Department of Housing and Urban Development Community Project Funding (HUD CPF) Grant.
Additionally, the City allocated $1,085,567 of its Community Development Block Grant (CDBG) in 2025. Prop 68 funds will be utilized for the Veterans Park Refurbishment project and the CDBG and HUD CPF funds will be utilized for the Veterans Park Restroom Renovation project, for a total of $5,782,567 for the Veterans Park Refurbishment and Restroom Renovation.
The City is seeking proposals from qualified consultants with proven expertise to provide professional design, architecture and engineering services for the following two projects:
1) Veterans Park Refurbishment - The preparation of the plans, specifications, and estimate for the construction of a shade sail at the outdoor fitness center, a community amphitheater with a lawn, two therapeutic gardens with signage, two picnic areas, a walking trail system, public art, improved landscaping throughout the park, renovation of the basketball, tennis, futsal, and volleyball courts, and improvements to the interior of the Ross Hall Recreation Center & Cultural Center; and
2) Veterans Park Restroom Renovation - The preparation of the plans, specifications, and estimate for the renovation of the outdoor restroom adjacent to the ballfield.
It is the intent of the City to select a single consultant or consultants to provide the requested architectural design services. However, the City reserves the right to accept or reject any or all responses received in response to this Request for Proposals (RFP). The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any 3
response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the consultant who, in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs. The term of the Agreement will be for one (1) year with one (1) optional one- year extension.
I. SUBMITTAL PROCEDURES/DEADLINE
An electronic version of the proposal shall be emailed to c lerkdeskc( hells ardens.orc and biniquez c(z�,bellgardens.orq no later than 5:00 p.m. on Thursday, August 28, 2025. Additionally, three hard copy sets of the proposal shall be mailed no later than 5:00 p.m. on Thursday, August 28, 2025, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "City of Bell Gardens Proposal for Design, Architecture and Engineering Services for the Veterans Park Refurbishment and Restroom Renovation Proposal." If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens Proposal for Design, Architecture and Engineering Services for the Veterans Park Refurbishment and Restroom Renovation" written below the address label and addressed as follows:
City Clerk's Office
Attention: Daisy Gomez, City Clerk
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at biniguez(a�bellcardensorq, with a copy to Karla Gonzalez, Senior Management Analyst, at kgonzalez(c�bellgardens.orc. The deadline for written questions and inquiries is Thursday, August 14, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m. to 6:00 p.m.
4
Il
SCHEDUL
E
The tentative schedule for this RFP is as follows:
Milestones*
Date
Release of RFP
Thursday, July 31, 2025
Deadline for Question Submittal
Thursday, August 14, 2025 at 5:00 o.m.
Proposal Submission Deadline
Thursday, August 28, 2025 at 5:00 p.m.
Proposers Interviews (if necessary)
Tuesday, September 10, 2025
**Tentative City Council Recommendation
Award/Agreement Approval
of
Monday, September 22, 2025
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers. Please check the Bell Gardens website for the latest updates at https://www.be/lgardens.org/i-want-to/view-bids-rfps/rfps-and- bids. All times posted are in pacific standard time (PST). **Proposer must be available on Monday, September 22, 2025, in -person or virtually for a possible presentation to the City Council.
V. TERMS AND CONDITIONS
PROFESSIONAL SERVICES AGREEMENT
Upon conclusion of the RFP process, staff will recommend a consultant to the City Council.
The successful consultant will be required to enter into a professional services agreement with the City. A copy of the City's professional services agreement is attached and incorporated as Attachment "C" as a sample for consultant to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Consultant should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City's needs and objectives and scope of work. The sample professional service agreement (Attachment "C") is not to be completed by consultant.
The length of the agreement will be for one (1) year with an optional one (1) year extension.
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically provide a straightforward, concise description of the proposer's ability to meet the requirements of this RFP.
Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City's objectives.
B. Proposers shall carefully read the information contained in this RFP and shall submit 5
complete responses to all requirements and questions as directed. Incomplete proposals may be considered non -responsive and may be rejected in the City's discretion. The submission of a response to this RFP shall be deemed a representation and certification by the proposer that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the proposer was not fully informed as to any facts or condition.
C. Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent professional services agreement that may arise from this RFP. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception for those elements in each proposal which are defined by the proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act.
Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as nonresponsive.
D. Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for agreement discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a proposer is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the proposer's participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
E. The City operates and is funded on a fiscal year basis from July 1st to June 30th.
Accordingly, the City reserves the right to terminate, without any liability, any agreement for which funding is not available.
F. The City shall not be responsible for any verbal communication between any employee of the City and any proposer. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting agreement. 6
G. Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a professional services agreement is awarded as further described below.
I. The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
J. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
K. Negotiations may be conducted with responsible proposers who submit proposals that are reasonably susceptible of being selected. All proposers reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single agreement, the City reserves the right to negotiate an agreement with more than one proposer.
L. The City expects the highest level of ethical conduct from proposals, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. The City reserves the right to reject any and all proposals received as a result of this RFP. The City's potential award of a professional services agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal.
If a professional services agreement is awarded, it will be awarded to the consultant who in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award a professional services agreement.
N. If an agreement cannot be reached with the highest ranked proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked proposer.
O. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
a. Evidence of collusion, directly or indirectly, among consultants in regard to the amount, terms, or conditions of this proposal;
7
b. Any attempt to improperly influence any member of the selection staff; c. Existence of any lawsuit, unresolved contractual claim or dispute between proposer and the City;
d. Evidence of incorrect information submitted as part of the RFP; e. Evidence of proposer's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
f. Proposer's default under any agreement, which results in termination of the professional services agreement.
P. Acceptance of any proposal is contingent upon the proposer's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City's Municipal Code.
The successful consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the professional services agreement.
Since some of the City's projects and programs are funded through State or federal funds, the selected consultant will comply with any applicable State or federal provisions, including but not limited to, the Community Development Block Grant (CDBG) Contract and Federal Provisions, which include Non-discrimination and Equal Employment Opportunity requirements, Conflict of Interest requirements, County Lobbying Certification, Warranty of Compliance with County's Defaulted Property Tax Reduction Program, and Federal Lobbying Certification. Also, if applicable, selection of the consultant will comply fully with the requirements of OMB Circular A-102 and all other federal procurement standards.
If federal funds are utilized, during the performance of the professional services agreement, the selected consultant will agree to comply with the following CDBG Contract and Federal provisions:
1. Non -Discrimination and Equal Employment Opportunity A. The consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to the agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. The consultant will, in all solicitations or advertisements for employees placed by or on behalf of consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 8
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the professional services agreement except contracts or subcontracts for standard commercial supplies or raw materials.
D. Executive Order 11246 requires that during the performance of this agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consultant setting forth the provisions of this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.
G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.
H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified disabled individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.
2. Conflict of Interest
The consultant, its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest including, but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36(b). The consultant agrees to incorporate the language found in this Section, Conflict of Interest, in agreements using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.
The general rule shall be that no person described in the Persons Covered section below of 9
this Section, Conflict of Interest, who exercise, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Persons Covered: The conflict of interest provisions of this section, Conflict of Interest, shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds.
The consultant represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of the professional services agreement, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the City. Upon execution of the professional services agreement and during its term, as appropriate, the consultant shall disclose in writing to the City any other contract or employment during the term of the professional services agreement by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City's interest and the interests of the third parties.
3. Records and Audits
The consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the professional services agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the City. (24 CFR Part 84, Sec. 84.53.)
4. Federal Lobbying Certification
If federal funds are utilized, the consultant certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid 10
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the consultant shall complete and submit Standard Form-LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions.
C. The consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly.
V. SCOPE OF SERVICES
The primary goal of this RFP is to solicit proposals from qualified consultants who can provide the City with the professional design, architecture and engineering services for the Veterans Park Refurbishment and Restroom Renovation.
Veterans Park Refurbishment and Restroom Renovation
The purpose of the project is to improve the existing infrastructure in the park.
As part of this project, the City has recently installed an outdoor fitness center and new LED lighting. The selected consultant will be responsible for the design of the following features:
1. New Landscaping throughout the park;
2. New walking trail;
3. Construction of two (2) picnic areas;
4. Construction of a new splash pad with shaded seating;
5. Construction of two (2) new gardens;
6. Construction of one (1) community stage with lawn;
7. Renovation of one (1) baseball field, including adding stadium lighting ;
8. Renovation of two (2) existing basketball courts;
9. Renovation of one (1) volleyball court;
10. Renovation of one (1) existing futsal court;
11. Renovation of two (2) existing tennis courts; and
12. Renovation of Ross Hall Recreation and Cultural Center ("Community Center").
As an additional project, the selected consultant will perform the following:
1. Renovation and relocation of bathroom building; and
2. Renovation and relocation of storage building.
The consultant will provide project design services and construction support. The consultant's design staff shall have at least five (5) years of experience of providing design and construction support services to municipalities in California and have performed these services for California municipalities within the past twelve (12) months. Plans, specifications, engineering reports and/or studies must contain a valid registered professional engineer/architect stamp from consultant's staff, who shall be registered professionals in the State of California. The consultant's tasks will include, but are not limited to, the following:
11
1. Project Initiation and Feasibility Phase — Task No. 1 a. Project Kick-off Meeting: A kick-off meeting will be conducted to discuss the Consultant's approach to the project, recommendations for the project, and to finalize the project schedule. The consultant shall deliver an agenda and meeting notes.
b. Existing Conditions Survey: Perform an initial site walk-through and examination of existing plans and as-builts, a comprehensive review and confirmation of project requirements, taking into consideration operational programming needs.
The consultant shall conduct a comprehensive survey of existing park features, utilities (water, sewer, electrical, storm drains), irrigation systems, trees, topography, soil conditions, and site drainage. Gather all pertinent documentation of existing structures, their condition, and potential for renovation or demolition. c. Feasibility Studies: Assess regulatory requirements, potential CEQA/NEPA implications and permitting specific to park development.
Identify geotechnical considerations, existing easements, and potential environmental concerns (e.g., contamination, sensitive habitats). d. Conceptual and Schematic Designs: Develop multiple conceptual design alternatives based on programming and community input. Illustrate different approaches to site layout, circulation, facility placement, and aesthetic character.
Prepare and refine preliminary cost estimates based on schematic design and provide a construction cost estimate at the end of each design phase milestone for City's review and consideration.
Begin discussions with relevant permitting internal and external agencies (e.g., Planning, Building and Safety, Fire Department, etc.) regarding the schematic design and potential permitting requirements and processes.
Site and building designs should be modeled and produced with plans and full color presentation perspective renderings that are submitted in PDF and other electronic formats acceptable to the City.
2. Design Development — Task No. 2
a. Prepare detailed architectural plans, elevations, sections, and detailed for all proposed park structures and features. Select and specify major park materials, finishes, lighting fixtures, site furnishing and play equipment. b. Develop detailed site plans, grading plans, landscape plans and irrigation plans, if necessary. If applicable and directed by the City, the consultant shall prepare an erosion control plan utilizing best management practices and, if applicable, 12
prepare a Stormwater Pollution Prevention Plan and assist the City with attaining a WDID number under the General Construction Stormwater Permit. c. Include base mapping and preliminary details, schematic materials palette, construction estimate, project schedule update and documentation regarding utility relocation or adjustment, if needed.
d. Integrate the design from various sub -consultants, including but not limited to civil engineering, landscape architecture, structural engineer, MEP engineer, irrigation designer, geotechnical engineer, environmental engineer and accessibility standards.
The plans shall be submitted at the following levels:
• Preliminary Plans — 30%
• Design Plans (Phases) — 65%, 90%, and 100% (Final)
e. The City will review and provide comments during the 60% and 90% design phases. Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.
3. Plans, Specifications and Estimate (PS&E) Phase — Task No. 3 a. Prepare and incorporate construction phasing into the construction documents as required. If necessary, consultant shall prepare a detailed cost -estimate, including any potential input from specialized construction activities. b. Prepare detailed project specifications outlining materials, quality standards, installation methods, and workmanship specific to park construction. c. Ensure full compliance with all applicable codes, regulations, and municipal standards.
d. Permit Application: Prepare and submit all necessary permit applications to relevant authorities (e.g., local Building Department, Public Works Department, Planning Department, Regional Water Quality Control Board, L.A. County Health). Respond to plan check comments and make necessary revisions efficiently.
e. Bid Documents: Prepare complete documents suitable for public bidding, including instructions to bidders, bid forms, contract forms, and general/supplementary conditions tailored for park construction. f. Plans and specifications shall provide sufficient detail to ensure a good quality product while concurrently facilitating competitive pricing where feasible and appropriate. Proprietary products or services shall not be specified, except where explicitly requested by the City, or when they are a component of a City -adopted standard.
13
4. Bidding and Construction Support — Task No. 4
a. Respond to Request -for -Information (RFIs) during the project advertisement and bidding period, and log questions and responses.
b. Assist the City in preparing addenda to address questions or requests for scope clarification during the bidding process. Additionally, the consultant shall attend and participate in pre -bid meetings during the project advertisement phase. c. Provide responses to Contractor's RFIs about plans and specifications and provide responses and approvals to the Contractor's submittals for materials and shop drawings.
d. Consultant shall provide support as needed for the duration of construction.
Consultant may be required to attend progress meetings, address construction issues, review the as -built drawings in the field and at project completion for accuracy and prepare the final as -built condition plans at the completion of the project.
The Scope of Work may be modified through negotiation and/or by written addendum after the Professional Services Agreement is approved.
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a consultant from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following elements describing how the proposer will perform the assignment:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposer's ability to perform the work 14
requested, a history of the proposer's background and experience providing services, and a description of the proposer's understanding of the City's needs. b. Conflict of Interest Statement: The proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2. Methodology
a. Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance & supervision.
b. The City will expect the selected consultant to adhere to the established methodology and workplan.
3. Management and Staffing:
Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed subcontractors or subconsultants that are integral to the proposed team.
4. Minimum Qualifications, Prior Related Ex
3erience, and References
a. Proposer or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposer must have at least five (5) years of experience providing architectural services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The proposer must provide evidence to show that the proposer and members of the proposer's project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the professional services agreement as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team's specific experience.
b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and 15
professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.
5. Cost and Pricing:
a. Proposals must include the Proposal Price Sheet attached as Attachment "A." b. For as -needed non -retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates.
6. Additions or Exceptions:
a. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all the consultant's exceptions to the provisions and conditions of the attached City standard professional services agreement attached as Attachment "C."
7. Pending Litication:
Include an explanation and status, if in the last five years, the proposer or an office or principal of the proposer has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
8. Insurance:
Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Exhibit "C."
vI
EVALUATION CRITERIA
The award of an agreement will be made to the most qualified consultant(s) whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the consultant to whom it is proposed to make such an award.
16
Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:
1. Comprehension of the Recuest for Proposals (Max Score: 25 Points) This relates to the proposer's basic understanding of the City's requested services and proposer's ability to articulate a concise description of the role of the requested services.
2. Qualifications of Proposer (Max Score: 45 Points)
• Experience of the proposer.
• Staffing and resources.
• Qualifications and experience of proposed personnel.
• Ability to provide other Public Works -related services such as project administration, grant administration, and contract administration.
• Familiarity with federal, State and regional/local agency requirements.
3. References (Max Score: 20 Points)
This relates to the reputation and quality of past work performed by the proposer based on municipal and other professional references.
4. Fee Proposal (Max Score: 10 Points)
This relates to all pricing information related to performing the scope of work.
Participation in the required interviews will be at the expense of the proposer. The interview panel will be made up of staff members or representatives from the City. Recommendations will be provided to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Each proposal will be considered with respect to ability to perform effectively and efficiently the Scope of Services, as outlined in Section V, above.
The successful consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any professional services agreement will be awarded to any 17
consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
18
ATTACHMENT "A"
PROPOSAL PRICE SHEET
19
PROPOSAL PRICE SHEET
Consultant to insert "INSERT TITLE OF COMPENSATION DOCUMENT" in accordance with Scope of Work.
Consultant to attach the hourly rates for the various classifications that would be billed to the City under EACH category listed in the Scope of Work.
20
ATTACHMENT "B"
ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
21
ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, [insert name] am the [insert title] of [insert proposer
name], the party making the proposal for award of an agreement for DESIGN, ARCHITECTURE AND ENGINEERING SERVICES ("Proposer") and, on behalf of the Proposer, hereby:
Accept City's Standard Form of Agreement — check one box.
As is, without qualifications or modifications.
As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this day of , 2025 at , California.
Signature of Officer Printed/Typed Name of Officer
Title of Officer
22
ATTACHMENT "C"
SAMPLE PROFESSIONAL SERVICES AGREEMENT
23
2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement:
(Parties:
and City of Bell Gardens
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2025 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and � � � � ,�� (hereinafter, "CONSULTANT").
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires
Al; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of
City Council at its Regular Meeting.
ent was approved by the Bell Gardens
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
ENGAGEMENT TERMS
1.1 TERM: This A reement shall have a term of () years commencing on i \-\- ,,V through 4014 (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
ti
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is
F.
in fact performed and completed by CONSULTANT and accepted by CITY.
CITY requests for the performance of specific as -needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Task Order"). The standard Task Order form will be provided by the City Representative and shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not -to -exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no as -needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible.
1.3 PROSECUTION OF WORK:
CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; 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 services or tasks completed in a timely manner; G. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
H. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with „ beginning on page of
it
2
the CONSULTANT PROPOSAL (hereinafter, the "FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this A reement, will not exceed the total bud eted annual aggregate sum of
�ER (hereinafter, the "Annual Not -to -Exceed Sum") during the Term of this Agreement unless such added expenditures are first approved by the City Council.
In the event CONSULTANT's charges are projected to exceed the Annual Not -to - Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY's approval of any anticipated expenditures in excess of the Annual Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, 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.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete 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 will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and, activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
3
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates
(hereinafter, the "City Representative") to act as its
representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates f , to act as its representative for the
performance of this Agreement (hereinafter, "Consultant Representative").
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT,
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
CONSULTANT shall atall times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will 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.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, 4
CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All 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
G. 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.
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 CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of C0NSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be 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 Representative in writing and in their 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 CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
5
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees ' of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
6
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and 7
provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State ' of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article all required insurance will be procured from insurers who, according to the latest `edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY'! OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and 8
absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 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 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 Work 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.
4.2 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 nature 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 9
CITY.
4.3 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 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
4.8 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 10
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 Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and 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 b 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.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted 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 attorneys' 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 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 Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 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.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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 11
its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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 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.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 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.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: 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 termination. 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 this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance 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 12
Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. 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") 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 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 period set forth under Sections 5.2(B) and 5.2(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 will 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.
B. CONSULTANT will cure
periods:
Default within the following time
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 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 5.2(B)(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 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
13
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.
C. 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 failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT'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, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT 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 will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.
14
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will 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:
Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. 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.
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.
G. 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.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this 15
Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn:
Phone:
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address. 16
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT 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 CONSULTANT, 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 will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated ' material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue, without exception, will 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, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6A2 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
17
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will 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 will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and ` do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay.
The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The 18
City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: 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. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
19
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
20
EXHIBIT "A"
CITY RFP
21
EXHIBIT "B"
CONSULTANT PROPOSAL
22
EXHIBIT "B"
CONSULTANT PROPOSAL
22
Design, Architect re and Engineering Services for
The Veterans :'ark Refurbishment a: d Restroom
Rep ovation
r 2, 2025
Creating
Environments
People
Enjoy
October 2, 2025
Mr. Bernardo lniguez
Director of Public Works/
Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
HRM Design Group
Main Office:
San Juan Capistrano
a: 32332 Camino
Capistrano, Ste 205
San Juan Capistrano,
CA 93401
p: (949) 361-7950
e: www.rrmdesign.com
Headquarters:
San Luis Obispo
a: 3765 S. Higuera St, Ste 102
San Luis Obispo, CA 93401
p: (805) 543-1794
e: www.rrmdesign.com
Re: Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Dear Mr. Bernardo Iniguez,
The City of Bell Gardens has issued an RFP searching for a consulting team to improve the existing infrastructure at Veterans Park. Please accept this proposal from RRM Design Group as our sincere interest in collaborating with you to implement your project goals. Our team of landscape architects, engineers and architects are all in- house experts in community park design. We have organized our submittal to illustrate our design creativity and technical experience that will provide you with professional service and a finished project that the community will embrace.
Just three miles from you in Downey we worked with the City to renovate Furman Park.
The project has several similarities to your RFP goals and stated objectives- including a list of important improvements completed on schedule and within the available grant budgets. The difference you can see when visiting the park —the character and beauty of the park did not come at the expense of meeting the project objectives. This is a hallmark of our work at RRM Design Group.
RRM Design Group, founded in 1974 has seven offices including a multi -discipline team in San Juan Capistrano. We have been designing and completing projects - like Veterans Park for more than 35 years. The team shown on page 56 that will collaborate with your team has been working together on Community Parks for over a decade - Jeff and Amanda for 20 years.
Our proposal includes a detailed scope of work and deliverables outlined to show exactly how we will complete the work. The Methodology section - page 9, explains our view of the potential we think your project has beyond updating the infrastructure.
We intend to show you that RRM will do the most with the budget you have and bring character (place making) to the features and park spaces that we update on your behalf.
It is our hope that after reviewing our experience for public agencies throughout California, and reading our collaborative approach for Veterans Park, you may elect to visit Furman Park in Downey to see how we added a bit of beauty to the practical updates of park features, amenities, and infrastructure. Please select us to interview for the project and tell you more about our experience and ideas for your project. If RRM is selected for an interview, we would be happy to talk through the schedule and fee that accompany this proposal. Together, we can look for ways to save time and money by streamlining design process. As an Employee -Owned company- we love what we do, and your community will see the benefits.
We appreciate your consideration of our proposal. We can see that this is an important community asset and meeting place. We would love to help bring new energy and life to the spaces within Veterans Park.
Sincerely,
RRM Design Group
Jeff Ferber, ASLA, PLA
Managing Partner
Principal -in -Charge
RachaerGuraydin
Senior Landscape Architect
Project Manager
Amanda Seibel, PLA
Design Director
Project Director
Proposal For Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
ietl o oiog7..............a....a....a...,rt...,rt...,rt...,.................. 9 Mana ement and Staffing
�a alifications, Ex erience andReferences 7"
Cost and Pricing.. .m . . m . .m . . . . . . 1a3
Additions or Exceptions ...... .... .. ©4
Pending Litigation and lnsuranc 4.a.a.........o.....R....w.a.... 107 Graphics & Photographs:
55 This document features images of RRM Design Group and its subconsultant partners` projects, the graphics and photos of which are owned, copyrighted, and/or licensed by our respective firms. Some images may be modified due to privacy concerns.
About RR E1 Design Group:
3765 South Higuera St, Ste 102 • San Luis Obispo, CA 93401 • (805) 543-1794 • rrmdesign.com • A California corporation • Leonard Grant, Architect C20973 • Robert Comacho, PE 76597 • Steven Webster, LS 7561 • Jeff Ferber, PLA 2844 The written and graphic materials contained in this proposal are the exclusive property of RRM Design Group. The unauthorized use of any portion of these text or graphic materials without RRM's prior written consent is expressly prohibited. ©2025 RRM Design Group
rrm
r design
group
RRM Design Group
Firm Profile
5O Years of Creating Environments People Enjoy
We Own "1 -Ns
The soul of RRM is people: the employee -owners that make up our organization AND the people that we're creating environments for. For our clients, our relationship starts and ends with excellent communication.
As employee -owners, our staff welcomes diverse ideas and consistent improvement. After all, this company belongs to us! We strive to be a force for good in our communities, leaving things Setter than wefound them. We get enjoyment, not only from our own work, but from seeing the lives of others enriched. `hat's why we're Creating Environments People Enjoy, a commitment that has fueled our success for fifty years.
From the inception of our journey to our current state of expansion, our team of architects, lardscape architects, engineers, surveyors, and planners collaborates closely with clients to shape our communities. Whether the project is public or private, commercial or residential, we excel in attentive lislening, thoughtful design, and timely, budget -conscious delivery —values we've upheld si CC our establishment in 1974.
VI, 1 ..
an;of.,(7t •: rnwk.
RIVIi/1 projects in
the last decade
6 O.irCi "r;f> ,•tt,�: }^
n-C,l,, lr J rtfr .rs:
(Overall Net
Promoter Scare)
well above AEC
industry average
al 72
Our erns r:.ryr.'rz:
01 Rr{NI'
2022, 2023, 2024, 2025
- Zweig Group
RRM by the
umbers
7 RRM Offices
Main Office: San Juan Capistrano
32332 Camino Capistrano, Ste. 205
San Juan Capistrano, CA 92675
p: (949) 361-7950
Headquarters: San Luis Obispo
3765 South Higuera St., Ste. 102
San Luis Obispo, CA 93401
p: (805) 543-1794
All offices: San Diego, Ventura,
Santa Barbara, San Luis Obispo, San
Leandro, and Seattle
2OO+ Employees
in 6 Disciplines
• Architects
• Civil Engineers
• Landscape Architects
• Planners & Urban Designers
• Structural Engineers
• Surveyors
1OO% Employee -
Owned Firm
RRM Design Group is a California
corporation and a 100%
employee -owned company (ESOP),
incorporated November 26, 1974
RRM Page 515 of 817
We Value Community
At RRM Design Group, community is at the core of everything we do from our "1000 Hours Program" and Volunteer Time Off (VTO) to our "Draws with a Cause" initiative, which connects our design expertise with nonprofits to support community -driven visions. These values guide our approach to every project. RRM recently was honored with the 2025 AEC "Building a Better World" Award by PSMJ Resources, Inc. We will bring this same passion and purpose to the revitalization of Veterans Park in the City of Bell Gardens, a space we understand to be deeply rooted in cultural significance and community pride. Our team is committed to designing a welcoming, inclusive, and multi -use destination that reflects the identity of Bell Gardens and enhances everyday life for its residents. With thoughtful improvements from Ross Hall renovations to new shade structures, amphitheater spaces, and gardens we aim to create a park that honors veterans, celebrates local culture, and becomes a beloved neighborhood hub. Guided by collaboration, cultural sensitivity, and a strong track record of delivering impactful, cost-effective solutions, we are excited to help bring the City's vision for Veterans Park to life.
San Luis Obispo Food Bank - RRM Volunteers
Malezi Secondary School - Draws with a Cause, RRM Program Boone Chapel - Draws with a Cause, RRM Program
People's Self Help Housing Builder Games
RRM Design Group
Methodology
Proposal for
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
RRM Project Pictured:
Downey Measure S Park Improvement
Projects - Furman Park, Downey, CA
RRM Project Pictured: Columbus Snorts Pork (Muster Plan and Soccer Facility Design, San lase, CA Project Understanding, Ap
proach and Methodology
Veterans Park is the heart of BeII Gardens. For this project to be successful, several key factors must guide our approach. Because it is grant -funded, we recognize the importance of working within a fixed deadline, delivering on a defined program of amenities, and staying within a strict budget, Yet above all, we believe the park must maintain it's beauty, character, and status —a community landmark worthy of its central place in the heart of BeII Gardens.
RRM Design Group has successfully navigated these same challenges across many grant -funded projects in California, consistently balancing compliance, budget, and design excellence. We are excited by the list of proposed amenities and improvements, and in the following pages we've highlighted a few that particularly resonate with us —illustrating how we can bring them to life at Veterans Park. 1O City of Bell Gardens Page 519 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Amphitheater
One of the most exciting opportunities at Veterans Park is the City's intent to build a new amphitheater. The setting is truly unique —framed by the Hispanic American Veterans Memorial and embraced by mature trees, this future stage will become a focal point unlike any other in the region. It will not only host performances, but also serve as a civic gathering place that honors history, culture, and community.
RRM has designed amphitheaters in existing public parks, from large-scale venues such as Zumwalt Park in Tulare (pictured below, left) to more intimate gathering spaces like King City Plaza (pictured below right).
Additionally, we recently completed the conceptual design for a versatile amphitheater stage at Channel Islands Harbor. Designed to support their popular Concerts by the Sea series, the stage also functions as a rentable picnic shelter when not in use for performances —creating a dynamic, multi -use space that serves the community year-round.
Methodology
Section 1
From this experience, we know that a successful amphitheater must harmonize function, experience, and environment. At Veterans Park, this means:
• Memorial Integration: framing the Veterans Memorial with dignity and reverence • Topography: utilizing the natural slope without major excavation • Audience Experience: clear sightlines, ADA accessibility, and comfort for all • Programming Collaboration: Where possible, collaborating with Program Directors to ensure the venue's infrastructure is thoughtfully detailed to evolve with future needs —whether for sound, lighting, or acoustic requirements
• Flexible Seating: blending lawn and fixed seating for both large events and everyday use With this layered approach, the amphitheater will become more than a stage —it will be the heart of the park's programming for generations to come.
Shade
In Bell Gardens, shade is not a luxury —it's a necessity. We see both the challenge and the opportunity at Veterans Park: some shade structures need renovation or replacement, while high -use areas such as the courts, playground, picnic zones, and outdoor fitness require new, thoughtfully integrated shade solutions.
RRM balances impact and budget through a layered strategy: blending refurbished structures, new shade sails, and architectural elements that can be phased or scaled to match funding. We focus on high -activity zones first, ensuring maximum daily benefit, and design each element to strengthen the park's character and beauty.
RRM has applied this approach in parks across California, including Greystone Park in Bakersfield (pictured on page 13, upper right) and the Alex Fiore Teen Center in Thousand Oaks (pictured on page 13, upper left), where we delivered budget -conscious shade strategies that were both durable and beautiful. Veterans Park deserves no less.
12 City of Bell Gardens Page 521 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Therapeutic Gardens, Landscaping & Walking Paths
Another transformative opportunity lies in therapeutic gardens, new landscaping, and expanded walking paths. Few design moves elevate a park as quickly as replacing turf with thoughtfully planted landscapes.
With Veterans Park's existing tree canopy as a foundation, there is an opportunity to create healing garden moments, connective paths, and landscapes that enrich both beauty and experience.
Section 1
Methodology
RRM believes small details create big impact —whether through sensory plantings, artful stonework, or carefully aligned circulation. Our designs balance budget -conscious durability with unique, water -wise beauty.
We've demonstrated this in projects across the state: at Olympus Park in Encinitas (pictured below), the design includes playful healing elements like a granite sphere and pebble spiral reflexology terrace, while ensuring low-water, resilient planting in partnership with the San Diego Botanic Garden.
At Furman Park in Downey (pictured below), we transformed large turf areas (especially near the playground) into low-water landscapes and circulation was reworked with decomposed granite paths, making the park's connections more fluid and intuitive.
These same strategies will guide us at Veterans Park, ensuring gardens and pathways that are restorative, connected, and beautiful.
14 City of Bell Gardens Page 523 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Renovation of Public Facilities
RRM Design Group thrives on creating environments that communities enjoy and rely on. The planned interior renovations to the Ross Hall Recreation Center and Cultural Center, along with the proposed new freestanding restroom facility, present an exciting opportunity to reimagine and re -energize these essential amenities at Veterans Park.
At RRM, our greatest strength lies in our integrated, multidisciplinary team —architects, landscape architects, engineers, and surveyors —all collaborating under one roof. This structure enables us to deliver efficient, cohesive solutions that are creative, functional, and cost-conscious.
We've successfully applied this approach on similar projects, including the renovation of the Alex Fiore Teen Center and Goebel Adult Center for the City of Thousand Oaks (pictured below), where we upgraded aging facilities with strategic improvements to kitchens, restrooms, and multipurpose spaces. At Furman Park (pictured bottom of page 14), our team seamlessly integrated ADA upgrades into community buildings through a combined landscape and architectural effort.
At Veterans Park, we'll apply the same thoughtful methodology: upgrading the Community Center and kitchen, designing durable, well -integrated restrooms and storage near the baseball fields, and modernizing Ross Hall with accessible stage ramps, improved lighting, and mitigation of hazardous finishes.
Kitchen renovations will enhance service capacity for the Bell Gardens community, while the addition of multifunctional shade and sanitation facilities will expand the park's flexibility and comfort.
Together, these enhancements will ensure that Veterans Park remains a functional, welcoming, and future - ready space for all.
Methodology
Section 1
Building on this project understanding, our approach and methodology can be summarized in three core commitments:
1. RRM Design Group's Multidisciplinary Team are Park Specialists Our dedicated Parks and Recreation team combines landscape architects, architects, engineers, surveyors, and planners —all in -house —supported by trusted consultants P2S for mechanical, electrical, and plumbing, OCMI for construction cost estimation, CBelow for utility mapping, and GPI for geotechnical engineering.
With more than 270 park projects designed and constructed, we know how to streamline the process, avoid common pitfalls, and deliver accurate, buildable construction documents.
2. Communication & Collaboration
We will value the local knowledge and expertise of the City of Bell Gardens staff and are committed to working in true partnership. At Furman Park in Downey, this collaboration enabled us to meet grant requirements, stay on budget, and deliver on time, while transforming the park into an elevated community asset. At Veterans Park, we will apply this same responsive, collaborative model with constant check -ins.
3.,, Commitment to Budget &, Schedule Adherence
We understand and acknowledge your construction budgets of approximately $3.3M for park renovation and $1.8M for restroom renovation/replacement. Our team is experienced in maximizing value within tight parameters —evaluating material options, considering constructability, structuring bid alternates, and developing creative solutions. While touring the park during the mandatory pre -proposal meeting and on a weekend, our team put our heads together and started brainstorming some potential cost savings solutions:
• Combining restroom + shade: designing the baseball field restroom/storage with integrated shade to stretch the budget and serve multiple needs
• Dual-purpose amphitheater structure: At Channel Islands Harbor (pictured below), we designed a structure that functions as both a concert venue for their Concerts by the Sea series and a rentable picnic shelter year-round. A similar approach at Veterans Park could provide performance space and flexible everyday use —maximizing functionality while reducing costs through shared infrastructure. 16 City of Bell Gardens Page 525 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
• Flooring efficiencies: installing rubberized sports flooring over existing surfaces to avoid hazardous abatement costs
• Splash pad alternatives: providing interactive water features like bubbling rocks that deliver play value without the expense and maintenance of a full splash pad. These could also serve as beautiful healing elements when paired with the therapeutic garden spaces.
These are just a few examples of how our team thinks creatively and pragmatically to achieve budget and schedule goals.
On the following pages, we outline a detailed scope of services —a step-by-step plan showing how we will partner with you from concept development through construction documents and into implementation.
Our process is clear, collaborative, and proven, ensuring that every task moves the project closer to a successful outcome.
RRM Design Group is passionate about making Veterans Park a success for Bell Gardens. With extensive experience in grant -funded park projects, a strong track record of collaboration, and a commitment to design excellence, we are prepared to deliver a park that meets your schedule, respects your budget, and will be deeply loved by your community. Together, we will enhance and beautify Veterans Park — helping to ensure it remains a vibrant, welcoming, and enduring landmark that both honors its legacy and serves future generations.
Pictured: Photo Courtesy of Richter Spielgercete - Wuter Ploy Methodology
Section 1
RRM Project Pictured: Columbus Sports Pork Master Plan and Soccer Facility Design, San lose, CA Scope of Services
Veterans Park Refurbishment
Exhibit "A" Scope of Services
18 City of Bell Gardens Page 527 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
cop
rvlces Tas
Une: Park li i ve ents
Task 1: Project Initiation and Feasibility Phase
Subtask 1.01:
Subtask 1.02:
Subtask 1.03:
Subtask 1.04:
Project Kickoff Meeting & Field Investigation
Background Data Collection & Review
Topographic Survey/Base Mapping
CEQA Compliance
Task 2: Design Development Services
Subtask 2.01:
Subtask 2.02:
Subtask 2.03:
Subtask 2.04:
Subtask 2.05:
Conceptual Design Alternatives
Draft Schematic Plan
Key Stakeholder Meetings
Final Schematic Plan
30% Design Development & Phasing Plan
Task 3: Construction Document Services
Subtask 3.01:
Subtask 3.02:
Subtask 3.03:
Subtask 3.04:
Subtask 3.05:
Subtask 3.06:
65% Draft Construction Documents
90% Draft Construction Documents
100% Draft Construction Documents
Permit Processing Assistance
Bid -Ready Construction Documents
LID Standard Manual Compliance Report
Task 4: Construction Support Services
Subtask 4.01:
Subtask 4.02:
Subtask 4.03:
Subtask 4.04:
Bidding Support
Construction Administration Support
Construction Observation
Record Drawings
Task 5: Project Coordination Services
Subtask 5.01:
Subtask 5.02:
Subtask 5.03:
Project Coordination & Management
Project Development Team Meetings
QA/QC Review
Task 6: Optional Services
Subtask 6.01:
Subtask 6.02:
Subtask 6.03:
Subtask 6.04:
Methodology
Schematic Renderings
Supplemental Survey
Public Hearing Study Session — Draft Schematic Plan
Stormwater Pollution Prevention Plan (SWPPP)
Section 1
RRM Project Pictured: San Pablo Park - Tennis Court Shade Covered Bleachers, Berkeley, CA 20 I. Detailed Sco
pe of Services
Task 1: Project Initiation and Feasibility Phase
Subtask 1.01 - Project Kickoff Meeting & Field Investigation RRM will conduct one (1) virtual kickoff meeting attended by the City's project management team, key Parks and Recreation staff, and key RRM team members will attend this meeting. Principally, this meeting will provide an opportunity to discuss and confirm the key park program elements as presented in the RFP and required by the grant.
Following the kickoff meeting, RRM and the project team will be available to walk the project site with City staff to discuss the project further and review it in greater detail. The site walk will provide an opportunity to inspect and photo log the existing facilities, including Ross Hall, amphitheater location, shade sail locations, sports courts, and landscape areas.
Deliverables:
• Prepare for and conduct one (1) virtual kickoff meeting and one (1) site walk • Meeting notes
Subtask 1.02: Background Data and Collection Review
RRM will collect from the city relevant project data for the design effort, including but not limited to:
• Existing improvement drawings for the park and historic structures • Record data
• City GIS databases
• City utility information and plans
• Recreation and event programming plans
• Underground and overhead utility plat maps and data
• Standard City details and specifications
• Sample bid documents (plans and specifications) from recent similar projects RRM's team will review this data for completeness and may request additional information from the City, as necessary, to analyze the project background and establish a database that will play a critical role in assessing all aspects of the park's design.
Deliverables:
• Collect and review relevant data as noted above
• Compile data in a portable file for use by the Client and design team City of Bell Gardens Page 529 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Subtask 1.03: Topographic Survey/Base Mapping
RRM will conduct survey work to create a base map file suitable for conceptual engineering and design work.
The topographic survey work will include the following components:
Aerial Photo Control and Coordination
RRM will facilitate the coordination of aerial mapping with an aerial photogrammetrist. This task will include establishing horizontal and vertical survey control. Horizontal control will be based on California State Plane Coordinates. The vertical datum will be established from National Geodetic Survey monuments and will be North American Vertical Datum 1988. RRM's surveyors will coordinate with the photogrammetrist to obtain aerial photography suitable for compiling a topographic map at a scale of 1" = 20' showing contours at 0.5 - foot intervals with planimetric features, including detail on roads, structures, fences, power poles, trees, brush, and other aboveground features according to standard practice. The contour information on the aerial mapping will only be visible in the open areas. The areas obstructed by tree cover will not show contour information. Accuracy will equal or exceed national map accuracy standards for large-scale topographic maps compiled by photogrammetric methods. The finished product will be available in a digital format compatible with AutoCAD Civil 3D.
Supplemental Topographic Survey
RRM will perform topographic surveying and mapping to supplement aerial photography. The collected data will be incorporated into a digital base map for use in the design. Topographic spot elevations will be taken to quality control the elevations shown on the aerial mapping. The horizontal and vertical datum will be based on the CCS83 (2011) State Plane Coordinates and NAVD 88 when suitable local agency datum's are unavailable • Contours at one -foot intervals
• Footprints of existing buildings and other structures • Trees greater than 2" in diameter with trunk diameter (dbh) and canopy • Above ground evidence of utilities, location and invert at accessible storm drain manholes, inlets and sanitary sewer manholes, water valves, fire hydrants, light standards, electric boxes, valve boxes and power poles, including sidewalks, curb, gutter and mow curbs • Other features as required by the design team
Deliverables:
• Digital topographic map file in AutoCAD format
• Digital Terrain Model
• Color digital orthophotos
Subtask L04: CEQA Compliance
RRM will conduct survey work to create a base map file suitable for conceptual engineering and design work.
The topographic survey work will include the following components:
Aerial Photo Control and Coordination
Improvements for Veterans Park would be considered a project under the California Environmental Quality Act (CEQA) and will require appropriate environmental compliance documentation. Article 19 of the CEQA Guidelines provides a list of classes of projects which have been determined not to have a significant effect on the environment and therefore can be exempt from the provisions of CEQA. The scope of work includes improvements in the park mainly to upgrade existing facilities such as the renovation of existing sports courts, and the renovation and relocation of a bathroom building and storage building. Other proposed enhancements include new gardens, picnic areas, a shade sails, lighting improvements, an amphitheater, and refreshed landscaping. Based on these assumptions, the project preliminarily appears to qualify for a Categorical Exemption through several categories including Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), Class 4 (Minor Alterations to Land), and Class 23 (Normal Operations of Facilities for Public Gatherings).
Methodology
Section 1
RRM proposes to analyze the project for CEQA compliance and anticipates preparation of a Notice of Exemption (NOE) using the standard Notice of Exemption form contained in Appendix E of the CEQA Guidelines with a brief supporting analysis relying on existing available information. No new technical analyses are proposed. Within five days following the approval of park improvements, RRM will post the NOE with the County of Los Angeles County Clerk, and City staff will be responsible for posting the NOE at City facilities.
In the event proposed improvements are more substantial and determined to potentially have a significant effect on the environment, RRM would outline needed strategies, and this task and budget would be reviewed and rescoped as needed.
Deliverables:
• Review of existing available, relevant documentation
• Notice of Exemption (NOE) completed form with brief supporting analysis Task 2 - Design Deve&Opl tent Services
Subtask 2.01: Conceptual Design Alternatives
Based on the project data developed in Task 1 and the programming elements important to the city, RRM's team will prepare up to two (2) conceptual design alternatives for Veterans Park to explore various renovation possibilities. The alternatives will illustrate such things as the amphitheater, shade sails, therapeutic gardens, Ross Hall improvements, and other park amenities. The layout of the park will be communicated through color plan graphics to help communicate park's design. The draft alternatives will be presented as color plans, schematic in nature for clarity while allowing for efficient modifications and refinements. The alternatives will be given to RRM's construction cost estimator, OCMI, to provide conceptual level estimates for each plan.
RRM will package the draft conceptual design alternatives for City input.
Deliverables:
• Two (2) conceptual design alternatives in plan format. • Supporting imagery boards to help illustrate vision and character. • Two (2) conceptual design cost estimates
Subtask 2.02: Draft Schematic Plan
Based on direction from the City on the Conceptual Design Alternatives, RRM will develop a draft schematic plan prepared at a level for presentation to the City's Key Stakeholders. The draft schematic plan will illustrate the park's refurbishment design and layout aspects as follows:
Recreation Design
RRM's will develop an overall site plan focusing on the recreational hardscape features to illustrate the layout, character, and function of the stage and amphitheater, shade sails, court resurfacing, and therapeutic garden spaces. The site plan will also show how the park's new and upgraded aspects with be integrated with elements of the park that will remain. To help illustrate the draft schematic plan and convey the design intent, RRM will prepare a colored and labeled plan view for use in meetings and media posts.
Ross Hall
For Ross Hall, RRM will use the Owner provided existing conditions documents to develop the renovation into a Draft Schematic Plan for the multi -use auditorium upgrades, kitchen renovations, and men's and women's restroom renovations. RRM will provide a labeled floor plan and preliminary code analysis.
Construction Cost Projection
Based on the draft schematic package, RRM's construction cost estimator will prepare a construction cost projection for all the site elements. The cost projection will be itemized following CSI format with supporting item descriptions and unit costs.
22 city of Bell Gardens Page 531 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Deliverables:
• One (1) park colored draft schematic plan layout
• One (1) Ross Hall labeled draft schematic plan
• One (1) Preliminary Code Analysis
• One (1) construction cost projection
Subtask 2.03: Key Stakeholder Meetings
RRM will host virtual individual and group meetings with key stakeholders. The purpose of these meetings is to provide further input and insight into key design amenities and features. Every reasonable effort will be made to meet with stakeholders unable to attend, at a later time, while maintaining the project schedule. City staff will be responsible for identifying and scheduling the stakeholder group. The list of potential stakeholders will be discussed at the project kickoff meeting, but may include City maintenance staff, recreational groups, Suva Intermediate School, Bell Gardens Boys and Girls Club, and neighbors of the project.
Deliverables:
• Three (3) virtual stakeholder meetings held via Microsoft Teams or Zoom • Summarizing memorandum
Subtask 2.04: Final Schematic Plan
Based on the feedback received from City staff and the key stakeholders, RRM will then update the draft schematic plan to the final schematic plan level for City review. RRM's team will "polish" the design elements detailed in the draft schematic plan package to create the final rendered and labeled plan graphic, fully illustrating the entire park's renovation. Additionally, RRM will update the labeled floor plan and preliminary code analysis for Ross Hall based on feedback received. The finalized schematic plan will then be assessed by RRM's construction cost estimator to make adjustments to the draft estimate. The rendered and labeled plan will be posted on the city website.
Deliverables:
• One (1) final color rendered and annotated final schematic plan • One (1) Ross Hall labeled final schematic plan
• One (1) Preliminary Code Analysis
• One (1) construction cost projection
Subtask 2.04: Final Schematic Plan
Based on the feedback received from City staff and the key stakeholders, RRM will then update the draft schematic plan to the final schematic plan level for City review. RRM's team will "polish" the design elements detailed in the draft schematic plan package to create the final rendered and labeled plan graphic, fully illustrating the entire park's renovation. Additionally, RRM will update the labeled floor plan and preliminary code analysis for Ross Hall based on feedback received. The finalized schematic plan will then be assessed by RRM's construction cost estimator to make adjustments to the draft estimate. The rendered and labeled plan will be posted on the city website.
Deliverables:
• One (1) final color rendered and annotated final schematic plan • One (1) Ross Hall labeled final schematic plan
• One (1) Preliminary Code Analysis
• One (1) construction cost projection
Methodology
Section 1
Subtask 2.05: 30% Design Development & Phasing Plan
RRM will prepare a draft 30% design development plan that refines the Final Schematic Plan for the park and Ross Hall improvements. The plan will utilize information from the City and data obtained from the topographic survey and will indicate hardscape layout, site furnishings, shade structures and sails, court resurfacing, planting areas, lighting locations, stormwater BMPs, irrigation hydrozones, and the irrigation mainline location. For Ross Hall, expanding from the final schematic, the 30% Design Development Plan will include a Ross Hall demolition plan, floor plan, interior finish plan, interior elevations, and a materials board. The plan will be used to develop one (1) preliminary cost estimate and to confirm the improvements.
Additionally, RRM will provide one (1) phasing plan for discussions with the city about future construction of the improvements.
Deliverables:
• 30% Draft Design Development Plan Set:
• One (1) Labeled Layout Plan
• One (1) Conceptual Planting Plan and Plant Palette
• One (1) Irrigation Hydrozone & Mainline Layout Plan
• One (1) Park Materials Board
• One (1) Ross Hall Demolition Plan
• One (1) Ross Hall Floor Plan
• One (1) Ross Hall Interior Finish Plan
• One (1) Ross Hall Interior Elevations Sheet
• One (1) Ross Hall Interior Materials Board
• One (1) phasing plan
• One (1) construction cost projection
Task 3: Construction Document Services
Subtask 3.01: 65% Draft Construction Documents
RRM's team will prepare 65% Construction Documents that address plan check comments generated from the City's review of the 30% Design Development submittal. Prior to submitting to the City, comments generated from RRM's QA/QC review team will be incorporated into the 65% construction document package. The 65% Construction Documents will be submitted to the City's Project Manager for distribution and plan -check.
Deliverables:
• One (1) PDF file 65% Draft Construction Document package • One (1) construction cost opinion
• 30% response to comments memo
Subtask 3.02: 90% Draft Construction Documents
RRM's team will prepare 90% Construction Documents that address plan check comments generated from the City's review of the 65% Construction Document submittal. The 90% Construction Documents will be submitted to the City's Project Manager for distribution and backcheck.
Deliverables:
• One (1) PDF file 90% Construction Document package
• One (1) construction cost opinion
• 65% response to comments memo
24 city of Bell Gardens Page 533 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Subtask 3.03: 100% Draft Construction Documents
RRM's team will prepare 100% Construction Documents that address plan check comments generated from the City's review of the 90% Construction Document submittal. The 100% Construction Documents will be submitted to the City's Project Manager for distribution and backcheck.
Deliverables:
• One (1) PDF file 100% Construction Document package
• One (1) construction cost opinion
• 90% response to comments memo
Subtask 3.04: Permit Processing Assistance
RRM's team will work with the City project management team to process the improvement plans through the City's departments for plan check and permitting. The City will review and compile all agency comments into one set of comments for RRM to respond to. It is assumed that the City will resolve any conflicting comments prior to submitting to RRM. This scope assumes the following City permits will be required:
• Building and Safety Permit — Community Development Department • LA County Department of Public Health
• Golden/ Liberty Water District
• LA Fire Department
• Air Quality Management District
• Sanitation District
• LA County Waste Management
Deliverables:
• Prepare one (1) design package and submit to seven (7) permitting agencies with one (1) round of response to comments per agency
Subtask 3.05: Bid -Ready Construction Documents
RRM's team will prepare the Bid -Ready Construction Documents to address any backcheck comments generated from the City's review of the 100% Construction Document submittal. Once the final revisions are complete, one (1) signed reproducible Bid -Ready set of Construction Documents will be submitted to the City's Project Manager for final City/agency signatures and bidding.
Deliverables:
• One (1) signed reproducible Bid -Ready Construction Document package Subtask 306: LID Standard Manual Compliance Report
RRM will prepare a LID Standards Manual Compliance Report based on Los Angeles County's 2014 LID Standards Manual. The LID report will be developed to take advantage of any proposed site improvements to utilize low impact techniques to provide water quality treatment. Where possible, source control techniques will be proposed, low maintenance and simple solutions will be sought over proprietary BMP when possible.
The LID report will be submitted to the city for review. It will quantify and describe the Post Construction BMPs to be used in the project. Based on the City's comments, RRM will revise the LID Report. A project plan will be included, illustrating the project site, Drainage Management Areas (DMA's), and the location of BMPs.
Operations and maintenance procedures will be defined.
Deliverables:
• One (1) draft LID report
• One (1) final LID report
Methodology
Section 1
Task 4: Construct' o Su art Services
Subtask 4.01: Bidding Support
RRM will assist the City during the bidding phase of the project. RRM will attend one (1) pre -bid conference job walk, respond to Requests for Clarifications (RFC) as determined by the City to be reasonable or necessary for the bidding process. Bidder questions will be received and sorted by the City, with applicable questions forwarded in writing to RRM's team for response back to the City in writing.
Deliverables:
• Prepare for and attend one (1) pre -bid conference job walk • Plan clarification response documents
Subtask 4.02: Construction Administration Support
RRM's team will support the City during the anticipated 365 -calendar day (12 -month) construction duration.
RRM will attend one pre -construction conference and review and respond to Requests for Information (RFI), Change Orders (CO), submittals, and contractor -supplied shop drawings. Under this task, RRM will also prepare and issue Supplemental Instructions as necessary to clarify design intent. RRM will also coordinate with City staff as necessary. We assume the City's project manager will filter and respond to straightforward RFIs directly to the contractor.
Deliverables:
• Prepare for and attend one (1) pre -construction conference • RFI, CO, submittal reviews, shop drawings responses, supplemental instructions, and general record - keeping documents
Subtask 4.03: Construction Meetings and Observation
RRM's Project Manager will prepare for and attend up to seven (7) field observation meetings throughout the anticipated 365 -calendar day (12 month) construction period to observe construction progress.
These site visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work, but rather are to allow RRM to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the contract documents. RRM's design team shall not supervise, direct, or have control over the Contractor's work, nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the Contractor, nor for the Contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor in accordance with the contract documents. Furthermore, the Contractor shall be responsible for notifying RRM in a timely manner to schedule these field observation meetings.
RRM's team shall not be responsible for any acts or omissions of the Contractor, Subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. RRM does not guarantee the performance of the contractor and shall not be responsible for the Contractor's failure to perform work in accordance with the contract documents or any applicable laws, codes, rules, or regulations. Due to the indeterminate nature of the construction observation requests, this task includes budget for meeting quantity stated above. If more construction observation requests are received, they are to be authorized by the City as additional work.
Deliverables:
• Prepare for and attend seven (7) construction observation meetings (final observation to include a preliminary punch list)
• Field notes and photo documentation
26 city of Bell Gardens Page 535 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Subtask 4.04: Record Drawings
Upon completion of construction work, RRM will compile and deliver to the City a reproducible set of record drawings based upon the marked -up as -built drawings, addenda, change orders, and other data furnished by the Contractor. These record drawings will show significant changes made during construction. RRM will provide record drawings in PDF format. Revised CAD drawings are excluded from this exercise. Because these record drawings are based on unverified information provided by a third -party, which RRM shall assume will be reliable, RRM cannot and does not warrant their accuracy. RRM will develop a "composite utility map" PDF markup of all utilities for the City's reference and convenience.
Deliverables:
• One (1) reproducible PDF set of record drawings based on contractor provided as-builts Task 5: Project Coordination Services
Subtask 5.01: Project Coordination and Management
RRM's project manager will coordinate with City and design staff, utility companies, resource agencies, sub - consultants, and other agencies as necessary on an on -going basis throughout the project's lifecycle. This task also includes project schedule creation and maintenance as tasks are completed, document review, and day- to-day project coordination efforts including general correspondence and telephone conferencing as required to support City staff during the project's development.
Deliverables:
• Memos, meeting minutes, and general correspondence for document control, compiled in electronic file form
• Project schedule creation and maintenance
Subtask 5.02: Project Development Team (PDT) Meetings
RRM's project manager, and appropriate team member(s) as the subject matter dictates, will prepare for and attend up to eight (8) virtual PDT meetings with the Client team through the duration of the project. These meetings will provide an opportunity to collectively review, discuss, and clarify any design issues so that work may proceed in an efficient manner, and to plan out the community meetings.
Deliverables:
• Prepare for and facilitate up to eight (8) virtual PDT meetings • Prepare and distribute meeting notes
Subtask 5.03: QA/QC Review
At the 65%, 90%, and 100% construction document milestones, RRM will conduct an internal QA/QC review.
RRM assigns an in-house QA/QC manager who is not a part of the design team. Using RRM's QA/QC checklist, a QA/QC team that is not part of the design team will review the project to ensure disciplines are fully coordinated, key information is included, references point to the correct location, and specifications tied into the drawings. This review, and corrective measures, will occur prior to each package (65%, 90% & 100%) being submitted to the City.
Deliverables:
• QA/QC review comments incorporated into the 100% Draft Construction Document package Methodology
Section 1
Task 6: Optional Serv(ces
Subtask 6,01: Schematic Renderings
To help illustrate the draft schematic plan and convey the design intent, RRM will prepare three (3) perspective graphics that evoke the vision and character of key areas within the park based on the Final Schematic Plan. The perspective graphics will be colored and labeled for use in meetings and posting on the city website.
Deliverables:
• Three (3) perspective graphics of key areas within the site Subtask 6.02: Supplemental Survey
As the Project moves from the schematic level to the 65% level, the engineering team will pick up any additional survey data capture mark outs as requested by the design team, which is typically focused on additional tie in horizontal and vertical control points to complete the engineering design. Supplemental data will be incorporated into the Project base file.
Deliverables:
• Supplemental field survey data in AutoCAD format
Subtask 6.03: Public Hearing Study Session - Draft Schematic Plan RRM will work with City staff to prepare for and facilitate a public hearing study session with to review the Draft Schematic Plan. The goal is to share the concepts key features so participants can comment and provide input. RRM will develop a power point, and/or other presentation support media/graphics as determined appropriate by the City/RRM team.
Deliverables:
• Present the Draft Schematic Plan for agency department feedback. • Support media and graphics
Subtask 6.04: Stormwater Pollution Prevention Plan (SWPPP) RRM Civil Engineering will prepare plans for temporary erosion control facilities. Temporary facilities will be proposed for the protection of graded areas and drainage devices. Details and appropriate notes for best management practices (BMP) and guidelines for implementation are proposed to be in conformance with the State of California Water Resources Board requirements and the approved staff report, including sediment control recommendations. The temporary erosion control plans will be incorporated into the project improvement plans, as well as into the project SWPPP. This task will include preparation of a "notice of intent" application to be filed with the State and an SWPPP report to be utilized for construction. The SWPPP report will outline various procedures and methods for monitoring and will implement an SWPPP during construction of the project. This task does not include construction monitoring or SWPPP updates during construction.
Deliverables:
• One (1) completed "notice of intent" application for stormwater discharge and one (1) SWPPP report for upload to the SMARTS system with SWQCB
SSu
tl IBS
• Existing electrical infrastructure is adequately sized to accommodate the revised design loads. No changes to the existing electrical system (panels, transformers, main distribution) are required. • Existing water pressure is adequate.
• EV charging station design is not required.
• Natural gas is not required for the design.
• RRM can coordinate with the City -contracted arborist regarding work adjacent to large existing trees 28 city of Bell Gardens Page 537 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
ent
es onsibiUlt
S
• City will provide access to all areas for the site assessment visit. This includes access to mechanical, plumbing, and electrical equipment.
• One contact person who will serve as the City's representative and will consolidate all Agency review comments for each submittal milestone into one (1) list of official comments to which RRM can respond • City will provide list of project stakeholders and scheduled times for meetings • City will coordinate building department review and agency compliance at 90% CD Submittal • Document distribution for technical reviews, bidding, and construction • City will provide bid and contract "boilerplate" documents, such as invitation, instructions, general and special conditions, contract forms, insurance, forms, etc. • City will commission a Landscape Irrigation Audit Report, performed by a third -party professional separate from RRM, in accordance with the State's Model Water Efficient Landscape Ordinance. • City will provide title reports for the park property. • City will provide record drawings for analysis for the building and site, including MEP systems. v.
i tations of Scope n xdusions
Please note that the tasks to be performed by the RRM team are limited to those outlined above. This scope of services excludes the following:
• Independent verification of the accuracy of City provided information • Public outreach
• Presentations to City Council
• Independent verification of accuracy of City -provided information • Green building programs (e.g. LEED, Sites, Greenpoint) • Arborist Report
• Environmental, Cultural, and Biological services
• Irrigation system audit
• Off -site utility analysis
• Repair to utilities encountered during geotechnical investigations not marked by Underground Service Alert (USA) or shown on plans provided by the City.
• Payment of fees (e.g., title report, permit, processing, noticing, plan check, etc.) • Design of specialized foundation/structural systems other than conventional slab on grade and spread footings
• Easement/dedication/annexation exhibits
• Facade renovations for the buildings on -site
• Interior building renovations for buildings other than Ross Hall • Lighting improvements for baseball fields, volleyball courts, and memorial • Existing electrical infrastructure is adequately sized to accommodate the revised design loads. No changes to the existing electrical system (panels, transformers, main distribution) are required. • Existing infrastructure for plumbing systems and water pressure is adequate and revisions are not required.
• Splash pad design, mechanical heating and A/C system, Fire alarm, telecommunication, solar panel, security system, and electric vehicle charging system and infrastructure design and coordination is not included as a part of this scope, but can be provided as an additional service. • Value Engineering (mechanical, plumbing and electrical services) • Preparation of separate bid packages and alternates (mechanical, plumbing, and electrical services) • Work associated with systems or components outside the work area is not included except if the system serves the area of work.
Any additional services that RRM Design Group is asked to perform over and above the tasks described above will be subject to a subsequent contract amendment.
Methodology
Section 1
T T
Title and Reference Sheets
RRM's team will prepare title sheets, as necessary, to convey pertinent general project information. These sheets may include the project name, location, approval blocks, agency contact information, USA alert, basis of survey statement, list of abbreviations, and bid alternate instructions.
Demolition Plans
RRM's team will prepare demolition plans, at an appropriate scale, for structures and elements requiring removal to implement the park's design. The plans will locate, identify, and describe the removal items and provide instructions for the safe disposal of the demolished work. Additionally, the plans will indicate items to salvage or stockpile such as topsoil for later use in the planting area construction.
Erosion Control Plan
RRM's team will prepare Erosion Control Plans for the site depicting proposed construction BMP in conformance with the State Construction General Permit. The plans will include plan views with locations of proposed BMP, and details of the BMP.
Construction Keynote Plans
RRM's team will prepare construction keynote plans, at an appropriate scale, for the approved design. The plans will present the overall park design layout with a keynoting system that identifies construction items, references to appropriate details, and drawing series directions.
Site Construction Details
As a companion to the construction plans, we will prepare details for the construction items illustrated on the site construction plans. The details will specify materials, dimensions, colors, and finishes.
Horizontal Control Plans
RRM will prepare horizontal control plans, at an appropriate scale, for the approved design. The plans will establish all horizontal control for the Project. The plans will also establish construction layout control points and establish a coordinate system for locating all site elements.
Grading and Drainage Plans
RRM's team will prepare grading and drainage plans, at an appropriate scale, for the approved design based on the topographic survey. The plans will build on the boundary and topographic information and will show all vertical control of the project elements, contour grading, spot elevations, and cut and fill estimates within the project site. The plans will detail drainage facilities within the park development area with supporting calculations performed for the sizing of new on -site pipes and inlets as outlined in the above task.
Site Utilities
RRM will prepare plan construction documents for domestic water service, fire water and sanitary sewer, storm drains (e.g., "wet" utilities) contained within the property, and connection to the main infrastructure as applicable. Water, sewer, and storm drain plans will include vertical and horizontal design information. RRM assumes adequate service and capacity for the wet utilities. Electrical and gas are not included in this plan sheet (see site electrical below).
Ross Hall Plans and Details
RRM's architecture team will provide architecture plans, fixture and materials schedules, and details, at an appropriate scale for the renovation of the kitchen, auditorium and stage support rooms, and restrooms for Ross Hall. Improvements in these areas within Ross Hall will be brought to current accessible design standards. 30 city of Bell Gardens Page 539 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Mechanical Plans and Details
RRM's team will prepare mechanical plans that show airflow calculations and drawings for the renovated Ross Hall which include new exhaust hood and fans in the kitchen and restrooms. Mechanical details and equipment will be included. Existing building systems will be integrated into existing control systems if available.
Plumbing Plans and Details
RRM's team will verify the adequacy of existing systems using plumbing load calculations for domestic water and waste. Drawings will provide ADA compliant fixture and equipment selections, plumbing renovation plans with fixture locations, and sewer and vent connections, and riser diagrams with associated fixture unit valves for water and waste. Plumbing details and schedules will also be included.
Site Electrical Plans and Details
RRM's subconsultant, P2S, will prepare site electrical plans using documented electrical equipment and services, develop electrical distribution system and prepare electrical single -line diagrams. The plans will include the following upgrades for Ross Hall: LED lighting, occupancy sensors, outlets, power and furnish electric stove, oven, hood, microwave, commercial grade refrigerator and freezer, ice maker, food warmer, dedicated circuits, exhaust fans, and power for mechanical equipment. For the exterior park improvements, P2S will provide outlets at the stage, the irrigation controller, and LED lighting at the sports courts.
Electric and gas utility trench locations will be shown schematically based on coordination with a specialty sub -consultant and/or utility service provider. The plans shall be subject to final utility company handout drawings (prepared by others as deferred submittals). We assume adequate service for this project is available directly adjacent to the project frontage.
Irrigation Plans and Details
RRM will prepare irrigation plans, calculations and document package for planting areas in compliance with the State's Model Water Efficient Landscape Ordinance MWELO. The plans will detail such things as the irrigation system layout, main line, automatic weather sensing controller, head layout, piping, filter, and backflow device. In support of the irrigation plans, we will prepare irrigation details that specify the method of construction and proper irrigation system component procedures. Water use calculations will be provided in accordance with MWELO standards.
Planting Plans and Details
RRM's team will prepare planting plans for planting areas. The plans will show the layout of planting indicating plant species, quantity, size and location of all shrubs, ground cover and trees. The plans will indicate anticipated water use for each plant material and separate the planting areas into distinct hydrozone areas for efficient watering. In support of the planting plans, we will prepare planting details that specify the method of construction and proper planting procedures.
Specifications
RRM's team will prepare technical specifications (CSI Division 02 through 48 as applicable). This scope assumes the City will prepare all Division 00 and 01 general provision specification sections related to this project and assemble the specifications book.
Construction Cost Opinions
RRM's construction cost estimator will estimate construction costs at the 65%, 90% and 100% submittal levels. The detailed Construction Cost Opinion will be
itemized with supporting item descriptions and unit
costs. Due to many variables surrounding bidding and
construction conditions, this opinion will not represent a guarantee that bids received, or actual costs of
construction will be equal to the opinion.
Methodology
Section 1
RRM Project Pictured: Son Lorenzo Community Park - Playground Restroom, San Lorenzo, CA Scope of Services
Veterans Park Restroom Renovation
Exhibit "A" Scope of Services
5i
City of Bell Gardens Page 541 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
cep
rv6ces Tas
line: estr r l rove ents
Task 1: Project Initiation and Feasibility Phase
Subtask 1.01: Utility Mapping/Utility Coordination
Subtask 1.02: Geotechnical Investigation
Task 2: Design Development Services
Subtask 2.01:
Subtask 2.02:
Subtask 2.03:
Subtask 2.04:
Subtask 2.05:
Preliminary Layout Plan & Client Confirmation Meeting
Draft Schematic Design Package
Final Schematic Design Package
50% Design Development Package
100% Design Development Package
Task 3: Construction Document Services
Subtask 3.01:
Subtask 3.02:
Subtask 3.03:
Subtask 3.04:
Subtask 3.05:
65% Draft Construction Documents Package
90% Draft Construction Documents Package
100% Draft Construction Documents Package
Permit Processing Assistance
Bid -Ready Construction Documents Package
Task 4: Construction Support Services
Subtask 4.01:
Subtask 4.02:
Subtask 4.03:
Subtask 4.04:
Bidding Support
Construction Administration Support
Construction Observation
Record Drawings
Task 5: Project Coordination Services
Subtask 5.01:
Subtask 5.02:
Subtask 5.03:
Project Coordination & Management
Project Development Team Meetings
QA/QC Review
Task 6: Optional Services
Subtask 6.01: Public Hearing Study Session — Draft Schematic Plan Methodology
Section 1
RRM Project Pictured: Kings County Rural Transit New Facility -Interior Restrooms, Kings County Area, CA I. Detailed Sco
pe of Services
r. sk to- Pr ject Initiation an `0 Feasibility Phr se
Subtask 1.01: Utility Mapping/Utility Coordination
RRM's utility consultant, Certerra Subsurface — Cbelow, will conduct a comprehensive utility investigation of Veteran's Park to determine all utilities that run through the park. Certerra will exhaust all utility locating methods to identify the horizontal and vertical locations of utility lines, including reviewing existing as - built mapping and on -site reconnaissance field walk. Equipment used during the investigation will include electromagnetic locator, locatable CCTV push camera, ground penetrating radar, locatable duct rodder, crawler camera and lateral launch equipment. Certerra will provide utility locations along with depth estimates in the field.
Once the data has been collected, Certerra will provide a comprehensive two-dimensional utility map in AutoCAD and PDF to be added to the base map.
Deliverables:
• Utility location markers and depth estimates on the park site • AutoCAD and PDF file of utility locations
Subtask 1.02: Geotechnical Investigation
RRM's Geotechnical consultant, GPI, will prepare a geotechnical investigation report suitable for support of schematic planning and construction documents for Veterans Park in Bell Gardens. This will include review of readily available background materials and data including published geologic and seismic hazard maps, groundwater data, topographic maps, and geotechnical data. A site reconnaissance will be conducted to document the surficial geological conditions on site and mark proposed locations for clearance by site personnel and Underground Service Alert (USA).
Subsurface exploration will be accomplished through 8 exploratory borings drilled to depths of 5 to 50 feet (3 at 5 feet, 4 at 10 feet, and 1 at 50 feet) below the existing grade. Two infiltration test wells will also be installed to depths of 5 to 10 feet at locations requested by the Project Civil Engineer. The borings will be drilled with a track -mounted drill rig or hand -auger equipment and will be logged by our Engineer. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our City of Los Angeles and DSA approved laboratory for testing. In accordance with County of Los Angeles requirements, borings deeper than 10 feet will require a well permit and be backfilled with grout. The geotechnical evaluation results will be compiled in a report providing findings, conclusions, and geotechnical recommendations for design and construction of improvements.
A geotechnical investigation report will be prepared illustrating the locations of borings, boring logs, and presenting laboratory analysis results. The report will include a general discussion of and geotechnical design 34 City of Bell Gardens Page 543 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
recommendations for the structures planned (splash pad and associated support buildings and tanks, minor buildings, stage, light standards, retaining walls, fence/pole foundations, hardscape, and pavements). We will also include a conclusion on the suitability of the site for the proposed construction from a geotechnical perspective, description of geology and soils, seismic hazards, mitigations alternatives as appropriate, depth of groundwater, and infiltration rates.
Deliverables:
• Geotechnical Investigation Report
Task 2: Design Development Services
Subtask 2.01: Preliminary Layout Plan & Client Confirmation Meeting RRM will develop one (1) preliminary layout plan of the park restroom and storage facility building based on the City's requirements for the building. This plan will be drafted and labeled. This plan will then be refined in virtual consultation with City Staff at a confirmation meeting.
Deliverables:
• One (1) park restroom and storage facility preliminary layout plan Subtask 2.02: Draft Schematic Design Package
RRM will develop a draft schematic plan prepared at a level for presentation to the City staff. The draft schematic plan will include one (1) floor plan layout based on the program confirmation meeting results.
Based on the final floor plan layout, up to two (2) interior elevations, up to two (2) building sections, and four (4) exterior elevations will be developed showing materials, roof profiles, building style, and colors for the restroom and storage building. Based on the schematic design package, RRM's construction cost estimator will prepare a preliminary order of magnconstruction cost projection for preferred design.
Additionally, RRM will work with the City to develop two exterior perspective renderings of the restroom and storage facility. The renderings can be used for a variety of purposes including on the City website.
Deliverables:
• One (1) park restroom and storage building floor plan • Two (2) interior elevations
• Two (2) building sections
• Four (4) exterior elevations (one in each cardinal direction) • One (1) preliminary construction cost opinion
• Two (2) colored perspective renderings
Subtask 2.03: Final Schematic Design Package
Based on the feedback received from City staff, RRM will then update the draft schematic plan to the final schematic plan level for City review. RRM's team will "polish" the design elements detailed in the draft schematic plan package to create the final Schematic Design Package for the park restroom and storage building. Building on the Draft Schematic Plan cost estimate, RRM's construction cost estimator will revise the draft cost estimate to reflect refinements made to the final schematic design.
Deliverables:
• One (1) park restroom and storage building floor plan • Two (2) interior elevations
• Two (2) building sections
• Four (4) exterior elevations (one in each cardinal direction) • One (1) preliminary construction cost opinion
• Two (2) colored perspective renderings
Methodology
Section 1
Subtask 2.04: 50% Design Development Package
RRM will prepare a draft 50% design development plan that refines the Final Schematic Plan for Veterans Park Restroom and Storage Facility building. The plan will utilize information from the City and will indicate demolition plan, floor plan, interior and exterior finish plan, interior and exterior elevations, and a materials board. The plan will be used to develop one (1) preliminary design development cost estimate.
Deliverables:
• 50% Draft Design Development Plan Set:
• One (1) Demolition Plan
• One (1) Floor Plan
• One (1) Interior Finish Plan
• One (1) Exterior Finish Plan
• One (1) Interior Elevations Sheet
• One (1) Exterior Elevations Sheet
• One (1) Interior Materials Board
• One (1) Construction Cost Projection
Subtask 2.05: 100% Design Development Package
RRM will prepare a draft 50% design development plan that refines the Final Schematic Plan for Veterans Park Restroom and Storage Facility building. The plan will utilize information from the City and will indicate demolition plan, floor plan, interior and exterior finish plan, interior and exterior elevations, and a materials board. The plan will be used to develop one (1) preliminary design development cost estimate.
Deliverables:
• 100% Draft Design Development Plan Set:
• One (1) Demolition Plan
▪ One (1) Floor Plan
• One (1) Preliminary Structural Plan Layout
▪ One (1) Interior Finish Plan
• One (1) Exterior Finish Plan
▪ One (1) Interior Elevations Sheet
• One (1) Exterior Elevations Sheet
▪ One (1) Interior Materials Board
• One (1) Construction Cost Projection
Task 3: Constructon Document Services
Subtask 3.01: 65% Draft Construction Documents Package
RRM's team will prepare 65% Construction Documents that address plan check comments generated from the City's review of the 30% Design Development submittal. Prior to submitting to the City, comments generated from RRM's QA/QC review team will be incorporated into the 65% construction document package. The 65% Construction Documents will be submitted to the City's Project Manager for distribution and plan -check.
Deliverables:
• One (1) PDF file 65% Draft Construction Document package • One (1) construction cost opinion
• 30% response to comments memo
Subtask 3.02: 90% Draft Construction Documents Package
RRM's team will prepare 90% Construction Documents that address plan check comments generated from the City's review of the 65% Construction Document submittal. The 90% Construction Documents will be submitted to the City's Project Manager for distribution and backcheck. 36 city of Bell Gardens Page 545 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Deliverables:
• One (1) PDF file 90% Construction Document package
• One (1) construction cost opinion
• 65% response to comments memo
Subtask 3.03: 100% Draft Construction Documents Package RRM's team will prepare 100% Construction Documents that address plan check comments generated from the City's review of the 90% Construction Document submittal. The 100% Construction Documents will be submitted to the City's Project Manager for distribution and backcheck.
Deliverables:
• One (1) PDF file 100% Construction Document package
• One (1) construction cost opinion
• 90% response to comments memo
Subtask 3.04: Permit Processing Assistance
RRM's team will work with the City project management team to process the improvement plans through the City's departments for plan check and permitting. The City will review and compile all agency comments into one set of comments for RRM to respond to. It is assumed that the City will resolve any conflicting comments prior to submitting to RRM. This scope assumes the following City permits will be required:
• Building and Safety Permit — Community Development Department • LA County Department of Public Health
• Golden/ Liberty Water District
• LA Fire Department
• Air Quality Management District
• Sanitation District
• LA County Waste Management
Deliverables:
• Prepare one (1) design package and submit to seven (7) permitting agencies with one (1) round of response to comments per agency
Subtask 3.05: Bid -Ready Construction Documents Package RRM's team will prepare the Bid -Ready Construction Documents to address any backcheck comments generated from the City's review of the 100% Construction Document submittal. Once the final revisions are complete, one (1) signed reproducible Bid -Ready set of Construction Documents will be submitted to the City's Project Manager for final City/agency signatures and bidding.
Deliverables:
• One (1) signed reproducible Bid -Ready Construction Document package T °sk 4: Construct' r Sup ort Services
Subtask 4.01: Bidding Support
RRM will assist the City during the bidding phase of the project. RRM will attend one (1) pre -bid conference job walk, respond to Requests for Clarifications (RFC) as determined by the City to be reasonable or necessary for the bidding process. Bidder questions will be received and sorted by the City, with applicable questions forwarded in writing to RRM's team for response back to the City in writing.
Deliverables:
• Prepare for and attend one (1) pre -bid conference job walk • Plan clarification response documents
Methodology
Section 1
Subtask 4.02: Construction Support
RRM's team will support the City during the anticipated 180 -calendar day (6 -month) construction period construction process. RRM will attend one pre -construction conference and review and respond to Requests for Information (RFI), Change Orders (CO), submittals, and contractor -supplied shop drawings and rough grading survey. Under this task, RRM will also prepare and issue Supplemental Instructions as necessary to clarify technical details and prepare preliminary and final punch lists. RRM will also coordinate with City staff as necessary. We assume the City's project manager will filter and respond to straightforward RFIs directly to the contractor.
Deliverables:
• Prepare for and attend one (1) pre -construction conference • RFI, CO, submittal reviews, shop drawings responses, supplemental instructions, and general record - keeping documents
Subtask 4.03: Construction Observation
RRM's Project Architect will prepare for and attend up to seven (7) field observation meetings throughout the anticipated 180 -calendar day (6 -month) construction period to observe construction progress.
These site visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work, but rather are to allow RRM to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the contract documents. RRM's design team shall not supervise, direct, or have control over the Contractor's work, nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the Contractor, nor for the Contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor in accordance with the contract documents. Furthermore, the Contractor shall be responsible for notifying RRM in a timely manner to schedule these field observation meetings.
RRM's team shall not be responsible for any acts or omissions of the Contractor, Subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. RRM does not guarantee the performance of the contractor and shall not be responsible for the Contractor's failure to perform work in accordance with the contract documents or any applicable laws, codes, rules, or regulations. Due to the indeterminate nature of the construction observation requests, this task includes budget for meeting quantity stated above. If more construction observation requests are received, they are to be authorized by the City as additional work.
Deliverables:
• Prepare for and attend seven (7) construction observation meetings (final observation to include a preliminary punch list)
• Field notes and photo documentation
Subtask 4.04: Record Drawings
Upon completion of construction work, RRM will compile and deliver to the City a reproducible set of record drawings based upon the marked -up as -built drawings, addenda, change orders, and other data furnished by the Contractor. These record drawings will show significant changes made during construction. RRM will provide record drawings in PDF format. Revised CAD drawings are excluded from this exercise. Because these record drawings are based on unverified information provided by a third -party, which RRM shall assume will be reliable, RRM cannot and does not warrant their accuracy. RRM will develop a "composite utility map" PDF markup of all utilities for the City's reference and convenience.
Deliverables:
• One (1) reproducible PDF set of record drawings based on contractor provided as-builts 38 City of Bell Gardens Page 547 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
Task 5: Project Coordination Services
Subtask 5,01: Project Coordination and Management
RRM's project manager will coordinate with City and design staff, utility companies, resource agencies, sub - consultants, and other agencies as necessary on an on -going basis throughout the project's lifecycle. This task also includes project schedule creation and maintenance as tasks are completed, document review, and day- to-day project coordination efforts including general correspondence and telephone conferencing as required to support City staff during the Project's development.
Deliverables:
• Memos, meeting minutes, and general correspondence for document control, compiled in electronic file form
• Project schedule creation and maintenance
Subtask 5.02: Project Development Team (PDT) Meetings
RRM's project manager, and appropriate team member(s) as the subject matter dictates, will prepare for and attend up to eight (8) virtual PDT meetings with the Client team through the duration of the project. These meetings will provide an opportunity to collectively review, discuss, and clarify any design issues so that work may proceed in an efficient manner, and to plan out the community meetings.
Deliverables:
• Prepare for and facilitate up to eight (8) virtual PDT meetings • Prepare and distribute meeting notes
Subtask 5.03: QA/QC Review
At 100% construction document milestone, RRM will conduct an internal QA/QC review. RRM assigns an in-house QA/QC manager who is not a part of the design team. Using RRM's QA/QC checklist, a QA/QC team that is not part of the design team will review the project to ensure disciplines are fully coordinated, key information is included, references point to the correct location, and specifications tied into the drawings. This review, and corrective measures, will occur prior to the 100% package being submitted to the City.
Deliverables:
• QA/QC review comments incorporated into the 65% Draft Construction Document package • QA/QC review comments incorporated into the 90% Draft Construction Document package • QA/QC review comments incorporated into the 100% Draft Construction Document package Task 6: Optional Serv)c s
Subtask 6.01: Public Hearings
RRM will work with City staff to prepare for and facilitate a public hearing study session with to review the Draft Schematic Plan. The goal is to share the concepts key features so participants can comment and provide input. RRM will develop a power point, and/or other presentation support media/graphics as determined appropriate by the City/RRM team.
Deliverables:
• Present the draft schematic plan at a public hearing for feedback • Support media and graphics
Methodology
Section 1
SSU
tions
• Existing electrical infrastructure is adequately sized to accommodate the revised design loads. No changes to the existing electrical system (panels, transformers, main distribution) are required. • Existing water pressure is adequate.
• Natural gas is not required for the design.
ient es on
oiii'ties
• City will provide access to all areas for the site assessment visit. This includes access to mechanical, plumbing, and electrical equipment.
• One contact person who will serve as the City's representative and will consolidate all Agency review comments for each submittal milestone into one (1) list of official comments to which RRM can respond • Document distribution for technical reviews, bidding, and construction • City will coordinate building department review and agency compliance at 90% CD Submittal • City will provide bid and contract "boilerplate" documents, such as invitation, instructions, general and special conditions, contract forms, insurance, forms, etc. • City will commission a Landscape Irrigation Audit Report, performed by a third -party professional separate from RRM, in accordance with the State's Model Water Efficient Landscape Ordinance. • City will provide title reports for the park property. • City will provide record drawings for analysis for the building and site, including MEP systems. t tons f
c
an
E
c
uusi ns
Please note that the tasks to be performed by the RRM team are limited to those outlined above. This scope of services excludes the following:
• Independent verification of the accuracy of City provided information • Public outreach workshop and strategy
• Presentations to City Council
• Independent verification of accuracy of City -provided information • LEED/Sites/Greenpoint documentation and design
• Off -site utility analysis
• Repair to utilities encountered during geotechnical investigations not marked by Underground Service Alert (USA) or shown on plans provided by the City.
• Payment of fees (e.g., title report, permit, processing, noticing, plan check, etc.) • Design of specialized foundation/structural systems other than conventional slab on grade and spread footings
• Easement/dedication/annexation exhibits
• Facade renovations for the buildings on -site
• Existing electrical infrastructure is adequately sized to accommodate the revised design loads. No changes to the existing electrical system (panels, transformers, main distribution) are required. • Existing infrastructure for plumbing systems is adequate and revisions are not required. • Existing water pressure is adequate.
• A/V, solar panel, telecommunication, security systems, fire alarm, mechanical heating and a/c System Design is not included as a part of this scope, but can be provided as an additional service. • Value Engineering (mechanical, plumbing and electrical services) • Preparation of separate bid packages and alternates (mechanical, plumbing, and electrical services) • Work associated with systems or components outside the work area is not included except if the system serves the area of work.
Any additional services that RRM Design Group is asked to perform over and above the tasks described above will be subject to a subsequent contract amendment.
40 city of Bell Gardens Page 549 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
TR T
Title and Reference Sheets
C T
RRM's team will prepare title sheets, as necessary, to convey pertinent general project information. These sheets may include the project name, location, approval blocks, agency contact information, USA alert, basis of survey statement, list of abbreviations, and bid alternate instructions Demolition Plans
RRM's team will prepare demolition plans, at an appropriate scale, for structures and elements requiring removal to implement the park's design. The plans will locate, identify, and describe the removal items and provide instructions for the safe disposal of the demolished work. Additionally, the plans will indicate items to salvage or stockpile such as topsoil for later use in the planting area construction.
Erosion Control Plan
RRM's team will prepare Erosion Control Plans for the site depicting proposed construction BMP in conformance with the State Construction General Permit. The plans will include plan views with locations of proposed BMP, and details of the BMP.
Horizontal Control Plans
RRM will prepare horizontal control plans, at an appropriate scale, for the approved design. The plans will establish all horizontal control for the Project. The plans will also establish construction layout control points and establish a coordinate system for locating all site elements.
Site Construction Details
As a companion to the construction plans, we will prepare details for the construction items illustrated on the site construction plans. The details will specify materials, dimensions, colors, and finishes.
Horizontal Control Plans
RRM will prepare horizontal control plans, at an appropriate scale, for the approved design. The plans will establish all horizontal control for the Project. The plans will also establish construction layout control points and establish a coordinate system for locating all site elements.
Construction, Grading, and Drainage Plans
RRM's team will prepare construction, grading and drainage plans, at an appropriate scale, for the approved design based on the topographic survey. The plans will build on the boundary and topographic information and will show all vertical control of the project elements, contour grading, spot elevations, and cut and fill estimates within the project site. The plans will detail drainage facilities around the restroom and facility building area with supporting calculations performed for the sizing of new on -site pipes and inlets as outlined in the above task.
The construction, grading and drainage plans will also present the overall hardscape layout with a keynoting system that identifies construction items, references to appropriate details, and drawing series directions.
RRM will prepare details for the construction items illustrated on the grading plans. The details will specify materials, dimensions, colors, and finishes.
Site Utilities
RRM will prepare plan construction documents for domestic water service, fire water and sanitary sewer, storm drains (e.g., "wet" utilities) contained within the property, and connection to the new restroom and storage facility. Water, sewer, and storm drain plans will include vertical and horizontal design information.
RRM assumes adequate service and capacity for the wet utilities, Electrical and gas are not included in this plan sheet (see site electrical below).
Methodology
Section 1
Park Restroom and Storage Building Plans and Details
RRM's architecture and structural team will prepare construction plans and details for one (1) park building which will include a restroom and storage facility. The construction documents will include exterior and interior plans, materials and systems specifications, Title 24 energy documentation, engineering reports, calculations, and details necessary to process the buildings through the Building Department.
Mechanical Plans and Details
RRM's subconsultant, P2S, will prepare mechanical plans that show airflow calculations and drawings for the new restroom and storage facility which will include new exhaust fans and louvers in the restrooms.
Mechanical details and equipment will be included. Existing building systems will be integrated into existing control systems if available.
Plumbing Plans and Details
RRM's subconsultant, P2S, will prepare plumbing plans for the new restroom and storage facility using plumbing load calculations for domestic water and waste. Drawings will provide ADA compliant fixture and equipment selections, plumbing plans with fixture locations, sewer and vent connections, and riser diagrams with associated fixture unit valves for water and waste. Plumbing details and schedules will also be included.
Site Electrical Plans and Details
RRM's subconsultant, P2S, will prepare electrical plans for the new restroom and storage facility using documented electrical equipment and services, develop electrical distribution system and prepare electrical single -line diagrams. The plans will include the following upgrades: electric hand dryers, LED lighting, exterior mounted LED lighting, outlets, power for mechanical equipment, and an electric chain coiling door.
Electric and gas utility trench locations will be shown schematically based on coordination with a specialty sub -consultant and/or utility service provider. The plans shall be subject to final utility company handout drawings (prepared by others as deferred submittals). We assume adequate service for this project is available directly adjacent to the project frontage.
Specifications
RRM's team will prepare technical specifications (CSI Division 02 through 48 as applicable). This scope assumes the City will prepare all Division 00 and 01 general provision specification sections related to this project and assemble the specifications book.
Planting Plans and Details
RRM's team will prepare planting plans for planting areas. The plans will show the layout of planting indicating plant species, quantity, size and location of all shrubs, ground cover and trees. The plans will indicate anticipated water use for each plant material and separate the planting areas into distinct hydrozone areas for efficient watering. In support of the planting plans, we will prepare planting details that specify the method of construction and proper planting procedures.
Specifications
RRM's team will prepare technical specifications (CSI Division 02 through 48 as applicable). This scope assumes the City will prepare all Division 00 and 01 general provision specification sections related to this project and assemble the specifications book.
Construction Cost Opinions
RRM's construction cost estimator will estimate construction costs at the 65%, 90% and 100% submittal levels. The detailed Construction Cost Opinion will be itemized with supporting item descriptions and unit costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received, or actual costs of construction will be equal to the opinion. 42 city of Bell Gardens Page 551 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
RRM Project Pictured: Lc Palma Park, Anaheim, CA
Work Plan, Team Av liability and Project Schedule
Veterans Park Refurbishment & Restroom Renovation
Methodology
Section 1
or( Plan
RRM Design Group is fully committed to the success of Veterans Park, and our team is ready to bring focused, high -quality service to every stage of this project. The timing is ideal —several of our long-term projects are transitioning to construction, freeing up key staff to devote their energy and expertise to your park.
In this section, you will find:
• A detailed scope spreadsheet identifying task items, assigned staff, and estimated hours. • A graphic project timeline and milestone schedule to dearly visualize when each task will be completed.
Dedicated Team. Rachael Guraydin, PLA, will serve as your Project Manager, bringing over 13 years of experience in leading complex park projects for public agencies. Her deep understanding of design & project management makes her the ideal point of contact. Supporting Rachael is our seasoned leadership team: Jeff Ferber, Principal -in -Charge with 30+ years of park experience, and Amanda Seibel, Design Director, whose design vision and leadership have helped shape some of California's most beloved parks in her 20 years of experience.
Together, this trio has delivered impactful projects such as Olympus Park (Encinitas), 27 -Acre Park in Wildomar, and Harborview Park (Channel Islands Harbor). Their collective experience —over 60 years —is the engine behind our proven success.
For references, we encourage you to connect with Cameron Luna at the City of Wildomar to hear firsthand how this team has successfully delivered.
RRM's QA/QC process is comprehensive, structured, and integrated into every step of the design process:
Dedicated QA/QC
Manager
Each project is assigned a
QA/QC manager who is not
part of the design team,
ensuring an independent,
unbiased review using our
internal QA/QC checklist.
Milestone
Constructcabiiity
Reviews
Conducted at each key
phase, these reviews allow
our QA/QC Manager,
Project Manager, and
design team to fine-tune
clarity and evaluate cost -
saving opportunities.
Checklist Verification
Our QA/QC Manager
ensures all plans and
specifications are fully
coordinated to minimize
errors that can delay
construction.
These QA/QC tasks are clearly itemized in the work plan and occupy their own dedicated time blocks within the project schedule.
44 City of Bell Gardens Page 553 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
We understand the importance of financial stewardship. RRM's cost estimation system begins early and evolves throughout the project:
In -House Design Team Estimates
At conceptual and schernatic phases, our
multidisciplinary team generates early
construction cost insights.
RRM employs a pragmatic yet flexible scheduling system:
initiai Schedule
Planning
Rachael will work closely
with City staff to define key
constraints and develop
a realistic timeline with
achievable rnilestones.
Partnership with OCMI
During design development and construction
documentation, we partner with OCMI, o
professional cost estimator, to produce accurate,
market -aligned estimates. This dual -layered system
ensures budget alignment from day one.
Ongoing Updates
Project schedules are
reviewed and updated
monthly, giving the City o
real-time view of progress
and enabling us to make
staffing or schedule
adjustments as needed.
Weekly Staff.
Allocation
Every Wednesday and
Friday, RRM's project
managers collaborate to
assign and balance staff
workload over u two-week
forecast, keeping the
project agile and on track.
With our methodology, structure, and experience, RRM is ready to deliver a Veterans Park that meets your goals —on time, within scope, and with a design the community will cherish for generations.
Methodology
Section 1
Team Availability
Veterans ParkRefurbishment
Veterans Park Refurbishment
Internal Budget Worksheet
Task 1:
1.01 Project Initiation and Feasiblity
Project Kickoff Meeting & Field Investigation
1.02 Background Data Collection & Review
1.03 Topographic Survey/Base Mapping
1.04 CEQA Compliance
Task 2: Design Development Services
2.01 Conceptual Design Alternatives
Princ,p
harge
2 24
255 $ per ho
Senor
Landscape
Architect/
Project
Manager
140 $ per ho
Design Direct "iu As sta nt
/ QAQC f�Po ;Y Designer
Manager ( , J„
75 $ per hou
4 $ per hou
Civil Enginee
PM
Engineer II
60 $ per hou
Engineer
per ho
2.02 Draft Schematic Plan
6 16
2O3 Key Stakeholder Meetings (assume 3 virtual @ 1 hour ea) 4 4
2.04 Final Schematic Plan
4 3
2.05 30% Design Development and Phasing Plan
4 20
6 40
4 16
Task 3: Construction Document Services
3.01 65% Draft Construction Documen
28 64
175
52 80
3.02 90% Draft Construction Documents
4 75
38 105
31 48
3.03 100% Draft Construction Documents
53 26
70 21
32 68
41 27
3.04 Permit Processing Assistance
8 8
3.05 Bid -Ready Construction Documents
26 13
35 10
16 14
3.06 LID Standards Manual Compliance Report
8 105
Task 4: Construction Support Services
4.01 Bidding Support
4.02 Construction Administration Support
16 24
8 8
4 80
24 60
16 32
4.03 Construction Observation
28 12
16 4.04 Record Drawings
8 16
4 16
Task 5: Project Coordination Services
5.02 Project Development Team Meetings (assume 8 virtual @ 1 hour ea)
5.03 QA/QC Review
80 16
6 8
8 8
88 Task 6 *nal
Se
8 6
40 6.01
Schematic Renderings
6.02 Supplemental Survey
6.03 Public Hearing Study Session— Draft Schematic Plan 4 8
8 6.04
Stormwater Pollution Prevention Plan (SWPPP)
12 40
46 City of Bell Gardens Page 555 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
A
245 $ per hour
Structural
Engineering
175 $ per hour
Manager of
Architecture
245 $per hour
%
165 $ per hour
Design
$ per hour
230 $ per hour
%
215 $ per hour
Survey Field
Party Chief
(Prey Wage)
235 $ per hour
Survey Field
Rodman (Pre
Wage)
35 $ per hour
MEP
Engineering
lump sum per task
Cost
cj Estimation
lump sum per task
1 2
2 2
8 4
1 2
4 2
4 32
4 24
40 2
14 24
2 10
16 8
1 S
8 3
4 16
8 4
4 16
80 12
4 12
4 8
12 18
Methodology
Section 1
er rors P r er s ent
ID
01 METER.. PARK ROSS HALL IMPROVEMENTS SCHEDULE
PrOf en( Reconnaissance
Project Setup wilkccounr4n9, Subconsultenta. 8. PM
Coll. Review Background Cala
Conduct iapOgraplaa Sme,Bese Mapping
Mtn days Mon 10,13,25 10,13128
Mon
day5a days Mona„ v s,za Mon, , 13, Nonce to Proceed Issued 9 days 14.10/14'25 Fa
oa�waa,o/2stiwaa,/z ,=s7.Codu R Meld s
baays TN., Wed 11,5,5
oaeo,8a BaeRB,o aB�a15 days Mon 11'3,5 Fa 11/21,25
HOLIDAY BREAK 5 days Mon 10/13/25 10,7,5 10,17.MgHOLIDAY Design Development 166 days Mon 11SMISS
Prepare Conceptual Design Alternatives lb days Mon 11,17/25 Fri 12/5/25 10 days Mon 12.25 Pa 12119,5
HOLIDAY BREAK 10 days Mon 12/22,25 Fri 1,2/26
C4,. Review af COneeptual Design Afternatives 10 days Man 45.,2ti Fri 1,16,26 10days Mon 1,0,26 Fri 1 /30/26
Prepare Draft SchernaPc Plan Coat Es... 10 clays Man 242/26 Fri 2/13,26 10days Mon 2/16,26 Fri 2/2,5
Host Key Stakehalde, Mee,.
claye Mon 34P25 Mon 3/9,6
Prepare Final Schematic Plan 10days Mon a/23,26 Fria/3,26 10 days Mon 4/6/25 Fri 4/17/25
Prepare Fa,. SoPernatia Plan Coat Estimate
Prepare 30% Design Develparien, Phasing P,an Package
Crly ...Ia.', a, 30% Design Development
Prepare 45% Constructron Documents E. SpeccacaPons
Conduct 0.40.C Ravin,. of a, CDs A Spoos
Prepare fib% Constructron Documents Cast Estimate
20 days Mon 5, a/25 Fri 5/29,25
15 clays Mon 6/15/26 aria/3/25
270 days Man 716126 Fs 7116,27
10 clays Man 90/26 Fri 9418,26
LA Goan,. Review of Draft LID s,andaaa Manual Compliapae Report 20 days Mon-ICl/MG F411/20/28 GIty Rovfaw 0,5% Constructon Domonanla Space & Coat Estimate PO nays Mon 11'23,6 Fa 12,8/26 HOLIDAY BREAK 10 days Mon 12/21/2ti Fri 1/1,2,
Conduct °AOC Remew 90% CDs A SpBOS 5 days Mon 3/1,27 Fri 3,5,7 Rawev.. of PO% Construo4on Documenis Specs &Cost Fstimate clays Mon 3/15/27 Fri 449/27 30 days Mon 6,2,27 Fri a/21/27
ClAQC Renew 0,100, CDs & Specs 5 days Mona/24,27 Fri 5/28/27 10 days Mon 5/24,7 Pr464,27
City Reatew of 100% Construction. Doopments, Specs Coat Estimate 15 clays Mon 6/7/27 Fri 6/25/27 Submit B4I Ready Construction Documenta tO City
Nonce MPronned Issued
P.o,ect se.meee
Veterans Park A. Ross Flea
Deapp Team,.
0 days Fri 7/16,27 Fri 7/16,27
daye Mon 10/1,/, Mon 10I1V27
0 days 41..10/12/27 11.10/12/V
260 days Mon 10/18/P7 Fa 10,3,0
MS days Mon 10/13/25 Fa 10/1a 28
ni Prepare Conceptual oeMsna,e,nanvesCost ERama,es
SAM. Ho ,BAY BREAK
'MUM Sity Review o, Concept. Bee,Ro a,e.oe,�.ee
Or.SChelllati,f 11
sus rno„ Km• s,axenmae, monnsne
3/00 City to Conduct Cny Cannon Presentation, Draft Schematic Plan 6,31MSMM Prepare Fn. Schematic Plan
P sonstmonon Documents Cost
20 48 City of Bell Gardens Page 557 of 817
Design, Architecture and Engineering Services for The Veterans Park Refurbishment and Restroom Renovation
C,,. Review o, 0S%Con,vuc„on Documents, spec, sCost E.,,mace
HOLIDAY BREAM
o a PP. a.m..,so, co.. Spa
a
oritluct OPOC RPVIGW of 100% CM Specs
a are Sid Ready Construction Documents
Bid and Award
10,12. Nolice Proceed issued
Methodology
Section 1