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City of Bellflower
Agreement File No. 464.1- Exhibit A
4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. ·
5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any AGENCY or sub-AGENCY.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. AGENCY shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to AGENCY's general liability policy, shall be delivered to the City Clerk at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by AGENCY or deducted from sums due AGENCY, at City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation of coverage. AGENCY agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by AGENCY or any sub-AGENCY, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
10. AGENCY agrees to ensure that sub-AGENCYs, and any other party involved with the project who is brought onto or involved in the project by AGENCY, provide the same minimum insurance coverage required of AGENCY. AGENCY agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. AGENCY agrees that upon request, all Agreements with sub-AGENCYs and others engaged in the project will be submitted to City for review.
11. AGENCY agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any AGENCY, sub-AGENCY, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If AGENCY'·s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the AGENCY, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. - Page 6 of 15 -
City of Bellflower
Agreement File No. 464.1- Exhibit A
- Page 7 of 15 -
City of Bellflower
Agreement File No. 464.1- Exhibit A
12. The City reserves the right at any time during the term of the Contract or Agreement to change the amounts and types of insurance required by giving the AGENCY ninety (90) days' advance notice of such change. If such change results in substantial additional cost to the AGENCY, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. AGENCY acknowledges and agrees that any actual or alleged failure on the part of the City to inform AGENCY of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. AGENCY will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that effect. ·
16. AGENCY shall provide proof that policies of insurance herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted to the City Clerk prior to expiration. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to ·City within five (5) days of the expiration of the coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the obligations of AGENCY under this Agreement. AGENCY expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officers, and agents.
18. Requirements of specific coverage features or limits contained in this Section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all sections and provisions of this Agreement to the extent that any other Section or provision conflicts with or impair the provisions of this Section.
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City of Bellflower
Agreement File No. 464.1- Exhibit A
21. AGENCY agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves that right to charge City or AGENCY for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. AGENCY agrees to provide immediate notice to City of any loss against AGENCY arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right, but not the duty, to monitor the handling of any such claim or claims if they are likely to involve City.
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Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
EXHIBIT B
Extremely Low to Very Low -Income Rental Assistance Voucher Program and Homeless Prevention and Rapid Re-housing Guidelines
The SHA is committed to providing opportunities for housing to residents within the City of Bellflower that meet low-income eligibility requirements. The SHA will use Low and Moderate Income Housing Asset Funds (LMIHAF) to provide rental assistance to households that meet the definition of extremely to very low-income by providing Homeless Prevention and Rapid Rehousing assistance. The following provides some basic guidelines for the programs. The SHA reserves the right to change and or alter program guidelines and procedures as necessary to best meet the needs of the community.
These programs comply with Title VI of the Civil Rights Act of 1964, as amended by the Housing and Community Development Act of 1977, Title VII of the Civil Rights Act of 1968; Executive Order 1103, the Housing Financial Discrimination Act of 1977, and all rules, regulations and requirements pursuant thereto. No person will be refused participation or denied benefits in any of the programs because of race, sex, religion, national origin, sexual orientation or handicap.
1. Homeless Prevention and Rapid Rehousing Program Financial Assistance and Services
The Homelessness Prevention and Rapid Re-Housing Program (HPRP) will provide financial assistance and services to prevent Bellflower households at risk of homelessness from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. The SHA will partner with the Agency in order to administer the program. Agency will work closely with the SHA in administering this program. The following are eligible expenses under this program:
• One time payment of past due rent so that tenants may remain living in their unit located in the City of Bellflower. Such rental assistance may not exceed $2,500 per applicant. Agency must verify reason for the unpaid rent, the ability of the tenant to resume payment of regular rent without further assistance, and verify that the unit is a legal dwelling before making a past due rent payment. • Housing relocation and stabilization services
• Housing search
• Mediation
• Outreach
• Credit counseling/repair
• Security and utility deposits
• Utility payments
• Moving cost assistance
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Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
For short-term rental assistance: housing relocation and stabilization services, credit counseling/repair, security and utility deposits, utility payments, and moving cost assistance eligibility must be established with the applicant. Income must be documented showing household is extremely-low to very low-income (up to 50% AMI).
Please refer to the income guidelines provided below. Income guidelines for households are updated annually using limits published yearly by the California Department of Housing and Community Development (HCD).
Agency must submit monthly to the SHA a proof of eligibility (“monthly report”) of all applicants receiving assistance in the previous month. The monthly report must provide a copy of the above referenced documents, as well as copies of income documentation proving household eligibility. SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and why. Agency will have to return to SHA any amount that was provided to an applicant that was deemed ineligible.
The returned funds will be re-applied to the program, and Agency will be able to use the funds to assist a new eligible household.
For mediation and outreach services, Agency is required to provide monthly numbers of homeless and households at risk of being homeless that were contacted during the reporting period. When possible, the report should include the name, ethnicity, and location of the person when outreach and mediation services. If those who receive the mediation and outreach services refuse to provide their name and ethnicity, the location where the outreach took place and the count of the individuals/households contacted should be provided. When the outreach and mediation services are provided through SHA, then the City of Bellflower should provide the above information to Agency at the end of each quarter, and Agency will include the information in the report submitted to SHA.
Los Angeles County, CA
2022 INCOME LIMITS
Household
Size
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Low –
Income
51% - 80%
$66,750
$76,250
$85,800
$95,300
$102,950
$110,550
$118,200
$125,800
Very Low-
Income
31% - 50%
$41,700
$47,650
$53,600
$59,550
$64,350
$69,100
$73,850
$78,650
Extremely-
Low –
Income
<30%
$25,050
$28,600
$32,200
$35,750
$38,650
$41,500
$44,350
$47,200
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Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
2. Extremely to Very Low -Income Rental Assistance Voucher Program
The Extremely to Very Low-Income Rental Assistance Voucher Program (also referred to as medium-term rental assistance) will assist extremely low to very low-income households with a monthly subsidy (for up to 12 months) to help them secure affordable, decent, safe, and sanitary housing in the private market. Participants are able to find their own housing, including single-family homes, townhomes, and apartments. Participants must rent a unit that meets the following requirements:
• Adequate space and security requirements specify the presence of a living room, kitchen area and bathroom. In addition, one (1) sleeping room (or living/sleeping room) for each two (2) persons is required. • Sanitary requirements specify a private indoor toilet, hot and cold running water, a bathtub or shower, a fixed basin, and at least one (1) window that opens or other adequate exhaust ventilation.
3. Kitchens must have a sink with hot and cold running water, adequate storage, preparation and serving space, and disposal facilities for garbage.
Stove and refrigerator may be placed in unit at owner's option.
4. Proper ventilation and heating facilities are necessary. Gas and oil room heaters that are not vented properly are unacceptable.
5. At least two (2) electrical outlets are required in each room. Living and sleeping rooms shall include at least one (1) window and a ceiling or wall light in kitchen and bathroom.
6. The unit must be structurally sound with no severe defects. The approaches to the unit must not present a danger of tripping, and elevators must be in a safe operating condition.
7. The interior must be free of all dangerous pollutants, such as carbon monoxide, sewer gas, fuel gas, and dust.
8. There must be an approved safe water supply.
9. The owner must advise the tenant whether the building was constructed before 1950. This is to inform the tenant on the hazards of lead-based paint poisoning.
10. Access to the unit must not be through unauthorized use of other private properties. In addition, the building must provide an alternate means of exit in case of fire.
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Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
11. The site and neighborhood must not be subject to serious adverse environmental conditions (e.g., flood, fire, disturbing noise, vermin or rodent infestation, sewage hazards, excess accumulation of trash).
12. In congregate housing, the same requirement applies, expect for the requirement for a separate kitchen in each unit.
Before providing any assistance, Agency must certify the unit was inspected and meets the minimum qualifications listed above. Thereafter, if a subsidy is provided beyond 12 months, the units must be inspected annually to ensure compliance to the qualifications listed above. A certification by Agency must be provided to the SHA at initial qualification and each year thereafter.
In addition to finding a qualified unit, the household applying for assistance must meet the qualifications as an extremely low to very low-income household.
Applicants must submit an application indicating name and ethnicity of all persons that will occupy the household; identify all persons that will occupy the residence (names of all persons, and ages of minors) and number of bedrooms looking to rent (or currently renting). In addition to the application, the household must provide income documentation for all working persons in the household. For any students, proof of fulltime enrollment in college must be presented if the student also has a source of income, in order to provide the proper reduction of income for the student. Proof of income include records of Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program. This may be documented by including a copy of the Medi-Cal card, etc., included in each case file. If a client does not participate in one of the above programs, Agency must document income by obtaining copies of pay stubs, third party verification, back account statements, etc. In the event that no income documentation can be provided, an affidavit of no income must be furnished.
Applicants looking for rental subsidies must not rent a unit that would be considered overcrowded for the household size verses the number of bedrooms in the units. The maximum allowance for persons occupying a unit is two (2) persons per bedroom plus one additional person in the common area. For example, a two- bedroom unit could only have a maximum of five (5) persons (2 per bedroom plus one in the common area). A household of 6 would not qualify to rent a 2-bedroom unit.
A rental subsidy will be paid by Agency directly to the landlord for up to 12 months on behalf of the participating household. The household receiving the benefit pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. The maximum amount of subsidy that can be received by any household on a monthly basis is $333. Agency is required to subsidize rent to a minimum of five (5) households who are currently experiencing homelessness - Page 13 of 15 -
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
in Bellflower during a Fiscal Year. Households can reapply after the twelve month period has expired at the discretion of Agency and only if Agency has sufficient funds.
The applicant and landlord must sign an agreement with Agency. At a minimum the agreement must identify the monthly amount of the subsidy, when the subsidy will begin and the last date of the subsidy. The agreement must state that the subsidy will be paid directly to the landlord by Agency and that the applicant is responsible for paying the additional rent charged by the landlord. The agreement must include the total monthly rent that will be charged to the applicant inclusive of the subsidy.
The agreement must state that if for any reason Agency is unable to continue the program, both the landlord and tenant will receive thirty (30) day written notice. The landlord and applicant agree that if Agency is no longer able to continue the subsidy, the applicant is fully responsible for paying the full cost of the rent to the landlord and the landlord cannot hold Agency liable for any rent the tenant is unable to pay either during the subsidize period or any time after the subsidize period ends.
If a household applying for assistance is already under a current lease, the household may apply for a subsidy. Agency would still be required to certify the unit meets the qualifications listed above. The household would need to meet the qualifications as an extremely to very low-income household and the unit already leased must not be considered overcrowded. The applicant and landlord would be required to sign an agreement indicating all of the conditions outlined for the minimum requirements of the agreement.
Agency is required to provide copies of leases and agreements, income documentation and a copy of the application indicating household composition to the SHA monthly as proof of eligibility (“monthly report”). SHA will provide written notification of confirmation of applicant’s eligibility or written notification of applicant’s non-eligibility. Agency is required to provide to the SHA copies of leases and agreements signed during the previous month on all eligible applicants already approved by the SHA. The SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and the reason. Agency will have to return to the SHA any amount that was provided to an applicant that was deemed ineligible. The returned funds will be re-applied to the program and Agency will be able to use the funds to assist a new eligible household.
COVID-19 Special Circumstance Clause – Households meeting the following conditions may be eligible for funding under this Agreement:
a. The Household can provide reasonable documentation that attributes the loss of income/employment to the COVID-19 pandemic (e.g., letter from employer, date of job loss at or after the Los Angeles County and/or State of California Stay at Home order);
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Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
b. The Household’s projected annual income must be at or below 50% of the Area Median Income (AMI), as further described on Page 2; and c. Kingdom Causes Bellflower assists the Household with identifying other possible COVID-19 relief assistance programs (e.g., State of California unemployment benefits).
Basic outlines for Agency goals are available below. All monthly reports are due on the 15th of the month after the month ends.
Program Budget and Goals
Program Budget for Fiscal Year 2022-2023
$162,500 LMIHAF Funds Breakdown:
$ 16,250 (10%) Administration (Agency)
$ 55,000 (34%) Case Management (Agency)
$ 91,250 (56%) Rental Assistance Funds (Agency)
$162,500 (100%) Per AFN 464.1, Amendment No. 9
Goals
1. Provide Homeless Prevention and Rapid Re-housing Financial Assistance and Services to 40 Extremely and Very Low Income (defined as 30% or less of Area Median income) families/individuals residing in the City by providing housing stability and avoiding homelessness.
2. Provide Extremely to Very Low Income Rental Vouchers Services to 15 Extremely to Very Low Income (defined as 50% or less of Area Median income) families/individuals residing in the City by quickly re-housing those experiencing homelessness.
3. Provide case management services which include outreach and assessment, housing search and stabilization services, mediation, counseling, and monitoring of tenants, as needed, for all potential or current recipients of financial assistance.
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Assistant to the City Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 314.19, in a form approved by the City Attorney, with Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3), for professional polling analysis.
DATE: June 27, 2022
EXECUTIVE SUMMARY
At the May 23, 2022 Special City Council Meeting, the City Council requested that FM3 Consultant Richard Bernard conduct a voter survey relative to a potential City Charter ballot measure and, separately, conduct a general citizen satisfaction survey (unrelated to any ballot measure). The research and polling provided under this Agreement will help the City assess voters’ opinions toward a potential City Charter ballot measure and help the City assess general citizen satisfaction in the City of Bellflower.
If approved by the City Council, the FM3 polling and analysis will be conducted with 400 randomly selected Bellflower registered voters to determine their view of a potential City Charter ballot measure. Following the completion of the City Charter ballot measure survey, FM3 will conduct polling and analysis with 500 randomly selected registered voters to determine general citizen satisfaction.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 314.19, in a form approved by the City Attorney, or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The amount payable under the Agreement is $75,450, to be charged to General Fund Contract Services Account No. 010-42054-1100.
The City Charter ballot measure survey cost is $32,750 and the Citi zen Satisfaction Survey cost is $42,700. The prices are comprehensive and include all costs for questionnaire design, sample acquisition, programming, email and text invitations, online survey hosting, telephone interviewing, data entry and analysis, and r eporting.
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Staff Report – Agreement File No. 314.19
June 27, 2022
DISCUSSION
At the May 23, 2022 Special City Council Meeting, the City Council requested that FM3 Consultant Richard Bernard conduct a voter survey relative to a potential City Charter ballot measure and, separately, conduct a gene ral citizen satisfaction survey (unrelated to any ballot measure). The research and polling provided under this Agreement will help the City assess voters’ opinions towards a potential City Charter ballot measure and help the City assess general citizen satisfaction in the City of Bellflower.
The proposed surveys will be conducted online and via phone (landline and cell phone).
Following the completion of the survey, FM3 will provide final questionnaire s, a complete analysis of survey results and a presentation of the survey results.
The general satisfaction survey will include questions that address the following issue areas, among others:
• Assessing residents’ views about the job performance of various City departments;
• Identifying serious problems;
• Evaluating the importance of City-provided government services; • Gauging satisfaction with current City-provided government services; • Identifying public safety concerns; and
• Exploring attitudes toward quality of life issues in the City.
If approved by the City Council, the FM3 polling and analysis will be conducted with 400 randomly selected Bellflower registered voters to determine their view of a potential City Charter ballot measure. Following the completion of the City Charter ballot measure survey, FM3 will conduct polling and analysis with 500 randomly selected registered voters to determine general citizen satisfaction.
ATTACHMENT
Agreement File No. 314.19 ............................................................................................. 3
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AGREEMENT FILE NO. 314.19
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES, INC. (FM3)
FOR PROFESSIONAL POLLING ANALYSIS
THIS AGREEMENT is entered into this 27th day of June 2022, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3), a California Corporation (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $75,450 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached “SCOPE OF SERVICES,” which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached SCOPE OF SERVICES which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
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City of Bellflower
Agreement File No. 314.19
FM3
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs all as set forth in the SCOPE OF SERVICES, the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $75,450 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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City of Bellflower
Agreement File No. 314.19
FM3
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from June 27, 2022 to June 30, 2023.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in the SCOPE OF SERVICES”;
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
SCOPE OF SERVICES
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City of Bellflower
Agreement File No. 314.19
FM3
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the cont ract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
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City of Bellflower
Agreement File No. 314.19
FM3
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materia ls as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s o wn risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance , except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
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D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to cont ract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
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B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition -9-
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precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or ref usal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Richard Bernard Attention: Travis Sais
Fairbank, Maslin, Maullin, Metz &
Associates, Inc. (FM3)
City of Bellflower
12100 Wilshire Blvd., Suite 350 16600 Civic Center Drive Los Angeles, CA 90025 Bellflower, CA 90706
(310)828-1183 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United State s Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
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28. ☐ This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the su bject environmental clearances.
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
31. INTERPRETATION. This Agreement was draf ted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
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35. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER FAIRBANK, MASLIN, MAULLIN, METZ
& ASSOCIATES, INC. (FM3)
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Richard Bernard, Partner
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 95-4466320
ATTACHMENT:
Scope of Services
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12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384
TO City of Bellflower
FROM Dr. Richard Bernard
FM3 Research
RE: Scope of Work for City of Bellflower Charter Issues Survey DATE June 13, 2022
Fairbank, Maslin, Maullin, Metz & Associates (FM3) is pleased to submit this scope of work to conduct research assessing community attitudes in the City of Bellflower.
PROPOSED RESEARCH SPECIFICATIONS AND ESTIMATED COSTS
Methodology Dual-mode survey, conducted online and via phone (landline and cell phone) Contact
Methodology
Email, Telephone (cellular and landline), Text messages Questionnaire 15 minutes
Sample 400 registered Bellflower voters likely to vote in the November 2022 General Election Margin of
Sampling Error
±4.9 percent in 95 out of 100 cases for a sample of 400 Language English and Spanish
Deliverables Following the completion of the survey, we will provide:
• A final questionnaire
• A complete analysis of survey results
• Presentation of the survey results
Cost $32,750. This price is comprehensive, and includes all costs for questionnaire design, translation, sample acquisition, programming, email invitations, survey hosting, telephone interviewing in English and Spanish, data entry and analysis, and reporting.
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FM3 can begin the research immediately. We look forward to working with you on this research, and if you have any questions or if there is any further information we can provide, please do not hesitate to contact us. Thank you for your consideration and you may reach us as follows:
Dr. Richard Bernard, Partner
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
12100 Wilshire Boulevard, Suite 350
Los Angeles, CA 90025
(310) 428-1809 (Cell)
[email protected]
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12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384
TO City of Bellflower
FROM Dr. Richard Bernard
FM3 Research
RE: Scope of Work for 2022 Resident Survey
DATE June 13, 2022
Fairbank, Maslin, Maullin, Metz & Associates (FM3) is pleased to submit this short scope of work to conduct research assessing community attitudes in the City of Bellflower.
PROPOSED RESEARCH SPECIFICATIONS AND ESTIMATED COSTS
Methodology Dual-mode survey, conducted online and via phone (landline and cell phone) Contact Method Email, Telephone and Text messages
Questionnaire 20 minutes
Language English and Spanish online and by telephone
Types of
Questions
• Assessing residents' views about the job performance of various City of Bellflower departments;
• Identifying serious problems;
• Evaluating the importance of City-provided government services; • Gauging satisfaction with current City-provided government services; • Identifying public safety concerns; and
• Exploring attitudes toward quality of life issues in the City.
Sample 500 City of Bellflower voters
Margin of
Sampling Error
±4.4 percent in 95 out of 100 cases for a sample of 500 interviews Deliverables Following the completion of the survey, we will provide:
• A questionnaire with the topline results of the survey for easy reference • A complete set of crosstabs in an easy-to-read, comprehensive format • Verbatim responses to any open-ended questions
• A complete analysis of survey results in a written report and PowerPoint • Presentation of the survey results
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Cost $42,700. This price is comprehensive, and includes all costs for questionnaire design, sample acquisition, programming, email and text invitations, online survey hosting, telephone interviewing, data entry and analysis, and reporting.
FM3 will work with the City of Bellflower to determine the best time to administer the survey, but we can start the research at any time the City deems it appropriate. We look forward to working with you on this research, and if you have any questions or if there is any further information we can provide, please do not hesitate to contact us. Thank you for your consideration and you may reach us as follows:
Dr. Richard Bernard, Partner
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
12100 Wilshire Boulevard, Suite 350
Los Angeles, CA 90025
(310) 828-1183 (Office)
[email protected]
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to award a contract to Interior Demolition, Inc., for the On-Call Contract for Citywide Demolition of Improvements (Specifications No. 21/22-05); and authorize the City Manager to execute a contract with Interior Demolition, Inc., in a form approved by the City Attorney.
DATE: June 27, 2022
EXECUTIVE SUMMARY
This action would award a contract to Interior Demolition, Inc. (Interior Demolition), to perform the work described in the Specification documents for the On-Call Contract for Citywide Demolition of Improvements (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Award a contract to Interior Demolition for the Project and authorize the City Manager to execute a contract with Interior Demolition, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The basis of award was the base price for Bid Item No. 2.2.6, consisting of a commercial/industrial wood frame structure between 7,501 square feet to 10,000 square feet in building area. Interior Demolition submitted the only responsive bid in the amount of $100,000. Project-specific demolition of improvements will be funded from the respective capital improvement project accounts. Non-project specific demolition of improvements relating to property nuisance abatement will be funded through Account No. 01-42350-4105 or 900-42350-4152 (Property Nuisance Abatement).
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Staff Report – Award of Contract – Spec. No. 21/22-05
June 27, 2022
DISCUSSION
From time to time, the City needs to solicit the services of a qualified demolition contractor for the demolition of improvements due to construction of capital improvement projects or due to property nuisance abatement. The scope of work for the on-call services includes the demolition of all improvements, including all buildings and building foundations, parking lots, trash enclosures, and proper removal and disposal of lead and asbestos materials, if such materials are present.
On April 11, 2022, the City Council adopted Resolution No. 22-16 authorizing solicitation of bids. The City advertised Specifications No. 21/22-05 for bids in accordance with BMC Section 3.28.090. The only bid received was from Interior Demolition.
BID ANALYSIS
Interior Demolition submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.
Interior Demolition is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Staff concludes Interior Demolition is the lowest responsive and responsible bidder.
SPECIFICATIONS
The Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 - Existing Facilities).
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Public W orks Director
SUBJECT: Consideration and possible action to authorize the City Manager to execute 1) Amendment No. 6 to Agreement File No. 320.8; and 2) Agreement File No. 320.8.10, in forms approved by the City Attorney, with Bellflower-Somerset Mutual Water Company, for the sale and lease of water pumping allocation rights in Fiscal Year 2022-2023.
DATE: June 27, 2022
EXECUTIVE SUMMARY
Agreement File No. (AFN) 320.8 allows Belflower-Somerset Mutual Water Company (BSMWC) to purchase water at established amounts and rates through the City’s High Capacity Well and also lease the City’s surplus water rights. Amendment No. 6 (to AFN 320.8) renews the Agreement through June 30, 2023.
Agreement File No. 320.8.10 separately details the water lease provisions for Fiscal Year 2022-2023, for transmittal to the Watermaster for acknowledgment.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 6 to Agreement File No. 320.8 and Agreement File No. 320.8.10, in forms approved by the City Manager; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
In FY 2022-2023, Amendment No. 6 will generate a maximum of $497,198 through the sale of 1,300 acre feet of water from the High Capacity Well at the rate of $382.46 per acre foot. It also establishes a rate of $248.10 per acre foot for each acre foot of water used by BSMWC in excess of 1,300 acre feet. Furthermore, under AFN 320.8.10, the lease of 680 acre feet of water rights at the rate of $135.61 per acre foot will generate $92,214.80 in FY 2022-2023, of which $53,430.34 will accrue to the City (leasing 394 acre feet), and $38,784.46 will accrue to the Municipal Water System (leasing the remaining 286 acre feet).
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Staff Report - Amendment No. 6 to AFN 320.8 and AFN 320.8.10 Bellflower-Somerset Mutual Water Company
June 27, 2022
DISCUSSION
Under AFN 320.8, BSMWC annually purchases 1,300 acre-feet of water through the High Capacity Well and leases the City’s surplus water rights. AFN 320.8 expired on June 30, 2018 and has been renewed annually by amendment through FY 2021-2022.
The latest amendment (Amendment No. 6) extends the term for one additional year, allowing BSMWC to purchase the first 1,300 acre-feet of water at the rate of $382.46 per acre foot and to also purchase additional water in excess of 1,300 acre feet at the rate of $248.10 per acre foot through June 30, 2023 or until the sale of the MWS is complete. Amendment No. 6 maintains the same rates from the previous year (Amendment No. 5), which continues to reflect the current market rate. AFN 320.8.10 details the provisions of the lease of 680 AF with flex in FY 2022-23; following approval, the lease must be transmitted to the Watermaster for acknowledgment. Both Amendment No. 6 and AFN 320.8.10 would support BSMW C’s operations and continue generating revenue for the City.
ATTACHMENTS
Amendment No. 6 to Agreement File No. 320.8 ..................................................................... 3 Agreement File No. 320.8.10 ................................................................................................... 76 -2-
AMENDMENT NO. 6 TO
AGREEMENT FILE NO. 320.8
WATER SALES AGREEMENT
BETWEEN THE CITY OF BELLFLOWER
AND BELLFLOWER-SOMERSET MUTUAL WATER COMPANY
THIS AMENDMENT NO. 6 ("Amendment"), is made and entered into this 27th day of June 2022, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and BELLFLOWER-SOMERSET MUTUAL WATER COMPANY, a California corporation operated as a mutual water company under California Law (“BSMWC”).
SECTION 1. Pursuant to Agreement File No. 320.8 (“Agreement”), Section 1 (Term; Effective Date) is amended to read as follows:
“This Agreement is effective on August 1, 2013, and continues in effect until midnight on June 30, 2023.”
SECTION 2. Pursuant to the Agreement, Section 2 (Water Purchased), is amended to read as follows:
“(b) If BSMWC, with City’s approval pursuant to City’s sole discretion, as set forth in subparagraph (a), above, takes delivery of more than 1,300 acre-feet during Fiscal Year 2022-2023, then BSMWC shall pay the City an amount equal to $248.10 per acre foot.”
“(e) BSMWC’s purchase of up to 1,300 Acre-feet, or in excess of 1,300 Acre-feet of water between July 1, 2022, and June 30, 2023, is also subject to the following provision: (1) the City may terminate the purchase of water pursuant to Section 17 of this Agreement or upon the sale of the MWS to a third party.”
SECTION 3. Pursuant to the Agreement, the table in Section 3 (Payment for Purchase of Water) is amended to include the following:
“For the Period Price per Acre-Foot
7-1-2022 through 6-30-2023 $382.46”
SECTION 4. Pursuant to the Agreement, the table in Section 5 (Payment for Lease of Water Rights) is amended to include the following:
“For the Period Price per Acre-Foot
7-1-2022 through 6-30-2023 $135.61”
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City of Bellflower
Amendment No. 6 to Agreement File No. 320.8
Bellflower-Somerset Mutual Water Company
SECTION 5. Pursuant to the Agreement, Section 17 (Termination of the Agreement) is replaced with the following:
“Unless stipulated otherwise in this Agreement or in any ensuing Amendments, this Agreement may be terminated under any or all of the following circumstances: (a) by mutual agreement of both parties; (b) if the HCW is abandoned by the City, at its sole discretion; (c) by the City, in its sole discretion as to which provisions of this Agreement are terminated, if the City determines, in its sole discretion to inactivate the HCW due to the financial or practical in feasibility for the HCW to produce water that meets the current quality standards required for potable water, or (d) by the City, in its sole discretion as to which provisions of this Agreement are terminated, if the HCW cannot produce the quantity of water described in Section 3, as determined by the City, in its sole discretion.
In addition, this Agreement terminates at midnight on June 30, 2023, unless extended by mutual written agreement of the Parties.”
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 to Agreement File No. 320.8 as of the date first written above.
CITY OF BELLFLOWER BELLFLOWER-SOMERSET MUTUAL
WATER COMPANY
_____________________________ _____________________________ Jeffrey L. Stewart, City Manager Steve Lenton, General Manager
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________ _____________________________ Karl H. Berger, City Attorney James D. Ciampa, Legal Counsel
Attachments:
Agreement File No. 320.8 with BSMWC
Amendment No. 1 to Agreement File No. 320.8
Amendment No. 2 to Agreement File No. 320.8
Amendment No. 3 to Agreement File No. 320.8
Amendment No. 4 to Agreement File No. 320.8
Amendment No. 5 to Agreement File No. 320.8
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DocuSign Envelope ID: 51AC3A9C-0B09-43AF-8D58-E27BE90F2934-49-
Certificate Of Completion
Envelope Id: 51AC3A9C0B0943AF8D58E27BE90F2934 Status: Delivered Subject: Please DocuSign: AFN 320.8.8.pdf, AFN 320.8 - Amend No. 3.pdf Source Envelope:
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16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address:
Record Tracking
Status: Original
6/23/2020 1:34:35 PM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Steve Lenton
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2020 1:40:37 PM
Viewed: 6/30/2020 1:28:58 PM
Electronic Record and Signature Disclosure:
Accepted: 6/30/2020 1:28:58 PM
ID: 4047e605-c5e6-4299-905c-0aae0194e38d
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Bernardo Iniguez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2020 1:40:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Karen L. Avery
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2020 1:40:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kimberly Gonzales
[email protected]
Executive Assistant
City of Bellflower
Security Level: Email, Account Authentication
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Sent: 6/23/2020 1:40:37 PM
Viewed: 6/23/2020 1:41:33 PM
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Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Len Gorecki
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2020 1:40:37 PM
Viewed: 6/23/2020 1:42:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mayra Ochiqui
[email protected]
City of Bellflower
Security Level: Email, Account Authentication
(None)
Sent: 6/23/2020 1:40:37 PM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2020 3:30:32 PM
ID: de941368-19f5-405c-a721-8f946c2d8362
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Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Steve Lenton, Mayra Ochiqui
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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LEASE AGREEMENT 320.8.10
BETWEEN THE CITY OF BELLFLOWER AND
BELLFLOWER-SOMERSET MUTUAL WATER COMPANY
THIS LEASE is made and executed this 27th day of June, 2022 (“Effective Date”), between CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”), and BELLFLOWER-SOMERSET MUTUAL WATER COMPANY, a California corporation operated as a mutual water company under California law (“LESSEE”).
1. RECITALS. This Lease is made with reference to the following facts and objectives:
A. CITY and LESSEE are parties to the Water Sales Agreement and Agreement for Lease of Water Pumping Allocation Rights (Amendment No. 6 to Agreement File No. 320.8) pursuant to which LESSEE agrees to lease from CITY the right to extract any portion of CITY’S 1,380 acre-feet of water pumping allocation rights not required to meet the actual service and operational demands for the Municipal Water System; B. Both CITY and LESSEE are parties in that certain water adjudication judgment entered in Los Angeles County Superior Court Case No. 786656, entitled Central and West Basins Replenishment District v. Charles E.
Adams, et al.;
C. CITY has been certified by the Central Basin Watermaster to have a pumping allocation equal to or in excess of the amount herein leased to LESSEE;
D. LESSEE has determined its pumping allocation rights are not sufficient to meet its needs;
E. CITY wishes to lease to LESSEE 680 acre-feet with flex of CITY’S allowed pumping allocation rights;
F. LESSEE desires to lease from CITY pumping allocation rights of 680 acre-feet with flex (“Property”).
NOW, THEREFORE, pursuant to Amendment No. 6 to Agreement File No. 320.8, and in consideration of the Property and the mutual covenants contained herein, CITY leases said water rights to LESSEE on the following terms and conditions:
2. LEASE; DESCRIPTION OF PROPERTY. Pursuant to the terms, conditions and limitations in this Lease, CITY leases to LESSEE the right to extract water from the Central Basin to the extent of an agreed pumping allocation of 680 acre-feet with flex for Fiscal Year 2022-2023 and agrees to put the same to beneficial use.
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City of Bellflower
Agreement File No. 320.8.10
Bellflower-Somerset Mutual Water Company
3. RENT. LESSEE agrees to pay to CITY the sum of Ninety-two Thousand Two Hundred Fourteen Dollars and Eighty Cents ($92,214.80) each fiscal year for 680 acre-feet with flex at a rate of $135.61 per acre-foot for Fiscal Year 2022-2023. CITY will invoice LESSEE within five (5) days after the Effective Date of this Agreement. Payment for Fiscal Year 2022-2023 must be made within fourteen (14) days after CITY transmits the invoice to LESSEE.
4. PAYMENT OF ASSESSMENTS. LESSEE must pay all pumping assessments levied on CITY’s water rights to the extent same are leased by LESSEE pursuant to this Lease.
5. TERM. The initial term of this Lease will commence on July 1, 2022 and will remain and continue in effect until June 30, 2023.
6. USE OF PROPERTY. Subject to the limitations listed below, LESSEE must exercise all Property leased hereunder, must pump the same on behalf of the CITY, and must put the same to beneficial use. The Property may not be used for any other purpose.
7. CITY’S LIMITED WARRANTY. CITY warrants that it has 680 acre feet of adjudicated right and it has not pumped and will not pump or permit or lease any other person to pump any part of said 680 acre feet annually during the term of this Lease.
8. TERMINATION. This Lease may be terminated as follows:
A. At the expiration of the term;
B. Upon mutual written agreement between the parties; or C. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY’s reasonable satisfaction.
9. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property.
10. SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE’s rights hereunder.
11. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE’s improvements.
12. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then it will immediately terminate without obligation of either party to the other. -77-
City of Bellflower
Agreement File No. 320.8.10
Bellflower-Somerset Mutual Water Company
13. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.
14. INDEMNIFICATION.
A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and volunteers.
C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease.
15. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.
16. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.
17. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.
18. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal -78-
City of Bellflower
Agreement File No. 320.8.10
Bellflower-Somerset Mutual Water Company
service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to:
LESSEE at: Bellflower-Somerset Mutual Water Company
Attention: Steve Lenton, General Manager
10016 East Flower Street
Bellflower, CA 90706
(562) 866-9980
[email protected]
CITY at: City of Bellflower
Attention: Len Gorecki, Assistant City Manager
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424
[email protected]
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Lease and related documents to be entered into in connection with this Lease will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
20. GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.
21. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.
22. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void.
23. CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.
24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written -79-
City of Bellflower
Agreement File No. 320.8.10
Bellflower-Somerset Mutual Water Company
amendment. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
25. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
26. TRANSMITTAL TO WATERMASTER. City will transmit a copy of this Lease to the Central Basin Watermaster of the Water Replenishment District of Southern California upon its execution.
IN WITNESS WHEREOF the parties hereto have executed this Lease the day and year first hereinabove written.
CITY OF BELLFLOWER BELLFLOWER-SOMERSET
MUTUAL WATER COMPANY
____________________________ ____________________________ Jeffrey L. Stewart, City Manager Steve Lenton, General Manager
ATTEST:
____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to receive and file Agreement File No. 51.91 with the Los Angeles County Regional Park and Open Space District for Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation (Measure A) grant funds for the development of planning and design documents for the Bellflower Youth & Senior Center Project; and authorize the City Manager to execute the following agreements in forms approved by the City Attorney:
1) Agreement File No. 690.4 with Pretty Smart for design architect services for the development of the Bellflower Youth & Senior Center Project design; 2) Agreement File No. 937 with NCA Studio Inc. for architect of record services for the development of the Bellflower Youth & Senior Center Project design; and 3) Agreement File No. 938 with C.Y. Geotech, Inc., for geotechnical engineering services for the development of the Bellflower Youth & Senior Center Project planning and design.
DATE: June 27, 2022
EXECUTIVE SUMMARY
The City will be receiving Measure A grant funds from the Los Angeles County Regional Park and Open Space District (RPOSD) for the planning and design of the Bellflower Youth & Senior Center Project. This action would authorize the City Manager to execute Agreement File No. 690.4 with Pretty Smart for design architect services, Agreement File No. 937 with NCA Studio Inc. for architect of record , and Agreement File No. 938 with C.Y.
Geotech, Inc., for geotechnical engineering services for the planning and design of the Bellflower Youth & Senior Center Project (the “Project”).
RECOMMENDATION TO CITY COUNCIL
1) Receive and File Agreement File No. 51.91 and authorize the City Manager to execute Agreement File Nos. 690.4, 937, and 938, in forms approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will be receiving $794,520 in Measure A grant funds for the planning and design of the Project.
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Staff Report – Agreement File Nos. 51.91, 690.4, 937 and 938 Bellflower Youth & Senior Center Project Design
June 27, 2022
FISCAL IMPACT – Continued
The total cost for services provided under each respective agreement will be as follows: an amount not to exceed $134,569 for Pretty Smart; an amount not to exceed $649,901 for NCA Studio; and an amount not to exceed $10,050 for C.Y. Geotech. The Measure A funds are budgeted in Account No. 070-47604-9000.
BACKGROUND
In August 2019, the City entered into Agreement File No. 690.1 with Pretty Smart for the development of a conceptual design for a future community center for youth and seniors.
Pretty Smart prepared the conceptual design and on February 22, 2021, that conceptual design was presented to the City Council.
On April 26, 2021, the City Council adopted Resolution No. 21-27, approving the blanket authority to file applications for grant funds from the RPOSD for Measure A funding for projects and programs. In February 2022, Parks and Recreation staff submitted a Measure A funding application to the RPOSD for the planning and design of the Project.
Following a review of the Measure A application, Agreement File No. 51.91 for the Measure A grant funds was fully executed on June 8, 2022, providing a total of $794,520 for the design of the Project.
DISCUSSION
Pretty Smart has worked with the City in the past, including with the Parks and Recreation Department on the design of the Simms Park Recreation Office Renovation Project and with the Public Works Department, teaming up with NCA Studio on the design of the Maintenance Yard Offices Renovation Project. Given Pretty Smart’s technical expertise, firm capabilities, and detailed experience in working closely on the conceptual design of the Project, Pretty Smart is uniquely positioned to complete the proposed scope of work for the planning and design of the Project.
Public Works requested a proposal from Pretty Smart to develop the 100% construction documents and environmental documentation for the Project, which would include ground up construction of a single-story, 11,834 square foot new building, site work based on the approved conceptual design prepared by Pretty Smart, and the relocation of parking areas to accommodate the new building footprint that will be situated in existing parking areas.
On July 27, 2021, Pretty Smart provided a joint proposal with NCA Studio to provide the requested design services, which will include the following scope of services: 1) Schematic Design, 2) Design Development, 3) Construction Documents, and 4) Bidding Assistance.
Public Works reviewed the initial proposal and requested several modifications. Pretty Smart and NCA Studio provided a revised proposal on August 30, 2021. Public Works reviewed the revised proposal and found it to be acceptable.
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Staff Report – Agreement File Nos. 51.91, 690.4, 937 and 938 Bellflower Youth & Senior Center Project Design
June 27, 2022
DISCUSSION – Continued
On October 1, 2022, Pretty Smart and NCA Studio provided a proposal from C.Y. Geotechnical to provide geotechnical engineering services necessary for the planning and design of the Project. Public Works reviewed the proposal and found it to be acceptable. At the request of the consultants, separate agreements were prepared for Pretty Smart, NCA Studio, and C.Y. Geotechnical.
If the agreements are approved, the Notices to Proceed will be forawarded to each party to initiate the respective work.
ATTACHMENTS
Agreement File No. 51.91 (RPOSD)..................................................................................... 4 Agreement File No. 690.4 (Pretty Smart) ........................................................................... 14 Agreement File No. 937 (NCA Studio).............................................................................. 122 Agreement File No. 938 (C.Y. Geotech) .......................................................................... 227 -3-
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure( Measure A),approved by voters on November 8, 2016 Grant Number: 10071
Project Name: BeIlflowerYouth &Senior Center Design Project Grant Amount: 794,520.00
Project Summary:Development of Planning and Design documents from the ground up construction of the future Bellflower Youth &Senior Center including services for building and site design,cost estimating, construction documents and plan check.
PARTIES TO AGREEMENT
RPOSD: GRANTEE:
Los Angeles County City of Bellflower
Regional Park and Open Space District 16600 Civic Center Drive 1000 South Fremont Avenue, Unit#40
gellflower, CA 90706
Building A-9 East, Ground Floor
Alhambra, CA 91803
RECITALS
The Grantee ("Grantee") and the Los Angeles County Regional Park and Open Space District RPOSD") do hereby enter into this Grant Agreement (" Agreement"), and under the terms and conditions of this Agreement. Grantee agrees to complete the project as described in RPOSD approved electronic grants management system application and RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A, agrees to fund the project not to exceed the awarded grant amount.
Article 1: Work Program
The Grantee shall provide all necessary and qualified personnel, equipment, material, and facilities to complete the project as described by the grantee and approved by RPOSD in RPOSD's electronic grants management system (GMSJ, and incorporated by reference herein.
If all or any part of the project to be funded under this agreement will be performed by third parties ("sub-contractors") under contract with the Grantee, then the Grantee shall submit to RPOSD the names, description of work to be performed, contract amount, executed contract Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Qean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and WaterConservation Measure (Measure A),approved by voters on November 8, 2016 agreement and certificate of insurance of all sub-contractors that the Grantee contracts with for this grant.
The work program provided by the grantee in RPOSD's electronic grants management system for this grent shall have the same effect as if included in the text of this agreement. However, the work program may be negotiated and modified upon the Grantee's submission of a modified work program and RPOSD's approval. If this agreement and the work program are inconsistent, then the terms of this agreement shall control. The Grantee shall carry out the project in accordance with the approved work program, as it may be amended in accordance with the terms of this agreement.
Article 2: Term of Agreement
This agreement shall take effect when approved to form and signed by the County Counsel of the County of Los Angeles and an authorized representative of both parties. The term of the Grant begins when this Agreement is fully executed ("Effective Date") to the Grant Closeout date, as specified in RPOSD's grants management system ("GMS").
Article 3: Project Timeline
The period of time starting on the date of agreement execution and ending on the grant closeout date. Project costs must be incurred within the Project Timeline to be eligible for reimbursement.
Article 4: Electronic Signature
The Electronic Signatures in Global and National Commerce (ESIGN) Act is a federal law passed in 2000. The Grantee and RPOSD agree that this Grant Agreement may be electronically signed.
The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. If Grantee elects to opt-out of signing the grant agreement electronically, the Grantee must inform RPOSD prior to grent agreement execution.
Article 5: Compensation
Upon full execution of this Agreement, Grant funds will be disbursed according to the Project Budget in RPOSD grants management system, subject to the provisions of this Agreement.
Grantee will use the Grant solely for the purposes described in this Agreement and detailed in RPOSD's approved electronic GMS application. Grantee will return to RPOSD any funds not expended or committed for the purposes of the Grant within the Project Timeline. Grantee understands that the Grant is not a gift and agrees that RPOSD is granting funds for Grantee to pursue the work outlined in the Work Program.
Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure(Measure A), approved by voters on November 8, 2016 Article 6: Overhead or Indirect Costs
Grantee must receive approval from RPOSD prior to billing for overhead or indirect costs. Please refer to the Grant Administration Manual for additional requirements to bill for overhead or indirect costs.
Article 7: Expenditure of Funds and Allocation of Funds Between Budget Items The total grant amount of this agreement may not be increased except by written amendment to this agreement. The Grantee shall expend funds consistent with the approved grant budget.
Any revisions to the budget that shifts funds from approved budget items into a different category, must be identified in a revised budget within RPOSD's grants management system and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the project budget which have not received the approval required above.
Any increase in the funding for any budgeted item shall mean a decrease in the funding for one or more other budgeted items unless there is a written amendment to this agreement to award additional funds to this grant.
Article 8: Project Costs and Reimbursements
RPOSD shall reimburse to the Grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows:
RPOSD shall reimburse funds for costs incurred to date, up to 90% of the grant amount, upon the Grantee's satisfactory progress under the approved work program and upon submission of an electronic claim form, which shall be submitted no more frequently than monthly. RPOSD shall disburse the final ten percent held in retention, upon the Grantee's satisfactory completion of the project, submission of required documentation and upon RPOSD's acceptance of the project. Project costs must be incurred within the Project Timeline to be eligible for reimbursement.
The Grantee shall request reimbursements by submitting a claim to RPOSD through the electronic grants management system and address all forms and requirements of the claim process. Hourly rates billed to RPOSD and specified in the approved work program budget shall be equal to the actual compensation paid by Grantee to employees, which may include employee benefits. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.
An authorized representative of the Grantee shall sign the claim. Each claim form shall be aaompanied by:
Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Qean Neighborhood Parks,Open Space, Beaches, Rivers Protedion,and Water Conservation Measure( Measure A),approved by voters on November 8, 2016
1. All receipts and any other source documents for direct expenditures and costs that the Grantee has incurred.
2. Invoices from contractors that the Grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless RPOSD makes a specific exemption in writing.
3. A supporting progress report summarizing the current status of the work and comparing it to the status required by the work program (budget, timeline, tasks, etc.), induding written substantiation of completion of the portion of the project for which the Grantee is requesting reimbursement, as requested by RPOSD.
The Grantee's failure to submit a signed payment request form, including attachment of supporting documents, will relieve RPOSD of its obligation to reimburse funds to the Grentee unless and until the Grantee corrects all deficiencies.
Article 9: Advancing of Funds
The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.
Grantee shall submit proof of expenditures using advanced funds as requested by RPOSD. Any unused portion of the advanced funding must be returned to RPOSD within 30 days of the completion of the grant.
Article 10: Project Completion
The Grantee shall complete the projed by the Project Completion date provided in the grants management system. Upon completion of the project and before the Grant Closeout date, the Grantee shall supply RPOSD with evidence of completion by submitting:
1. All Deliverables specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by RPOSD.
2. Electronic submission of final payment request.
Within thirty days of the Grantee's submission of the above, RPOSD shall determine whether the Grantee has satisfactorily completed the project. If so, RPOSD shall issue to the Grantee a letter of acceptance of the project and pay to the Grantee any unpaid portion of the grant funds that have been retained in accordance with this agreement. The project shall be deemed complete as of the date of the letter.
Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A),approved by voters on November 8, 2016 Article 11: Early Termination, Suspension, and Failure to Perform Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with written notice seven days prior to the project start date.
Before the project is complete, RPOSD may terminate or suspend this agreement for any reason by providing the Grantee with (30) thirty-day notice in writing. In either case, the Grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to RPOSD. RPOSD shall be responsible for any reasonable and non- cancelable obligations incurred by the Grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from RPOSD authorizes work to resume.
Before the project is complete, the Grantee may terminate this agreement for any reason by providing RPOSD with a thirty (30) day notice in writing and repayment to RPOSD ofall amounts disbursed by RPOSD under this agreement. RPOSD may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.
On or before the date of termination of the agreement under this section, whether terminated by the Grantee or RPOSD, the Grantee shall provide RPOSD with all work, material, data, information, and written, graphic or other work produced, developed or acquired that was to be delivered under this agreement (whether completed or partial), in appropriate, readily useable form.
The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.
The Grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the Grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.
Article 12: Severebility
If any provision of this agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the agreement and shall not cause the remainder to be invalid or unenforceable.
Revised: ii/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure(Measure A), approved by voters on November 8, 2016 In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
Article 13: Copyright and Work Products
Grantee has the right to Copyright protect original works developed under this Grant. All such copyrighted works will be in the name of the Grantee or its sub-contractor. Grantee grants to RPOSD an irrevocable and royalty-free right and license to use, reproduce, prepare derivative works, distribute copies, and perform and display publicly any copyrighted material developed and/or delivered under this Grant.
Article 14: Liability Insurence
Prior to starting any Work, Grantee, Contractor(s) and subcontractors shall (a) secure and continuously carry insurence meeting the requirements set forth and acknowledged in RPOSD's electronic GMS application for this grant, and (b) provide RPOSD with evidence of such insurance. Grantee agrees to promptly provide evidence of insurance required under this Section at any time during the term of the Agreement upon request by RPOSD or a third party engaged by RPOSD to manage and administer the insurance requirements under this Section.
Grantee also agrees to require its primary sub-contractors to adhere to these insurance requirements.
Article 15: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorney's fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee.
RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.
Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the funds pursuant to the terms and conditions of this Agreement. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.
The obligations in this "Indemnification and Hold Harmless" section shall survive termination of this agreement.
Revised: 11/ 17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protedion, and Water Conservation Measure(Measure A,approved by voters on November 8, 2016 Article 16: Amendments
As provided herein, no amendment (induding without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties.
It is the responsibility of the Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding to RPOSD. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.
Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances. This Agreement is governed by the laws of the State of California, and the parties agree that the enforcement of the Agreement, and the resolution of any disputes arising out of or related to the subject matter of the Agreement, shall be resolved by arbitration conducted by a private arbitration service under the laws of the State of California.
Article 18: Notices
All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given: (i) if entered and/or uploaded to RPOSD's electronic GMS system; (ii) if delivered by courier, on receipt by the intended recipient or on the date of delivery (as confirmed by, if delivered by courier, the records of such courier); (iii) if mailed, on the date of delivery as shown by the return receipt; (iv) if by email, on the date officially recorded as delivered, according to retum receipt or other record of delivery. Notices shall be addressed to the RPOSD Grants Officer assigned to this grant in the grants management system.
Article 19: Audits, Accounting, Records
Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to RPOSD for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for five (5) years following Project termination or completion.
Grantee and RPOSD agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.
Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.
Grantee agrees to use an accounting system that complies with generally accepted accounting principles.
Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protedion, and Water Conservation Measure(Measure A),approved by voters on November 8, 2016 At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of RPOSD may i conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to the District for reimbursement under the terms of this Agreement. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Measure A Grants Administration Manual, RPOSD may, at its discretion, reduce the grant amount by an amount equal to these expenditures.
Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.
If Grantee has received all grent monies prior to the audit, or if remaining grent monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Measure A Grants Administration Manual, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.
Notwithstanding Government Code Section 907, in the event that Grantee fails to repay RPOSD in full for the amount of excepted expenditures, RPOSD may offset an amount equal to the excepted expenditures from any monies that may be due to Grantee under the terms and conditions of Measure A. Through the execution of this Agreement, Grantee waives its rights under Government Code Section 907.
Article 20: Computer Software
The Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
Article 21: Nondiscrimination
During the performance of this agreement, the Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence.
Revised: 11/17/2020
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LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe, Clean Neighborhood Parks,Open Space, Beaches, Rivers Protection, and Water Conservation Measure(Measure A), approved by voters on November 8, 2016 Article 22: Independent Capacity
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of RPOSD.
Article 23: Assignment
Without the written consent of RPOSD, this agreement is not assignable by the Grantee in whole or in part.
Article 24: Good Standing
A Grantee is in RPOSD Good Standing when the Grantee is in compliance with all requirements stated in the Grant Agreement, guidelines, policies, and procedures of RPOSD for Measure A.
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.
Article 25: Community Engagement
The Grantee must conduct comm nity outreach and engagement that meets the minimum requirements, as defined in the Grant Administration Manual, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects and to facilitate a transparent process by which agencies report use of Measure A funds.
Article 26:Timeliness
Time is of the essence in this agreement.
Revised: ll/17/2020
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LOS AN6ELE5 COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT(RPOSD) Safe,Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A,approved by voters on November 8, 2016 IN WITNESS WHEREOF, Grantee, RPOSD and County Counsel have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
CITY ATT EY`
gy
B"
Id ,Signat e uthorized Representative Name:
Name: Jeffrey L. Stewart
Date: (o Z Z'
Print Name
Title: City Manager
Date: 06/08/2022
LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:
ea,--- --_--
By:
Director/Administrator
May 23, 2022
Date:
APPROVED AS TO FORM:
DAWYN HARRISON
ACTING COUNTY COUNSEL
ia lr Gl a'e i--- .
By:
Parjack Ghaderi
Principal Deputy County Counsel
May 23, 2022
Date:
Grant No. 10071
Revised: 11/ 17/2020
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AGREEMENT FILE NO. 690.4
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF BELLFLOWER AND
PRETTY SMART
FOR DESIGN ARCHITECT SERVICES FOR THE DEVELOPMENT OF THE
BELLFLOWER YOUTH & SENIOR CENTER PROJECT DESIGN
THIS AGREEMENT is entered into this 27th day of June 2022, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and Daniella Carter, dba Pretty Smart, a Sole Proprietorship (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $134,569 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from June 27, 2022 to June 30, 2025.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit A – Scope of Services
Exhibit B – Fee Schedule
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12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
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E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION. This Agreement contemplates that CONSULTANT may act both as a design professional (as defined by Civil Code § 2782.8) and for other professional services. Accordingly, CONSULTANT agrees to provide indemnification as follows:
A. For design professional services (per Civil Code § 2782.8):
i. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or
representatives.
B. For all other services:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
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ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
C. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
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22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. -20-
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D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self- insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director.
CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
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26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Daniella Carter Attention: Bernardo Iniguez
Pretty Smart City of Bellflower
2730 E. 4th Street 16600 Civic Center Drive
Long Beach, CA 90814 Bellflower, CA 90706
(562) 343-2491 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. This Section applies only if box is checked. POLITICAL REFORM ACT.
CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year.
CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Code of Regulations, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. -22-
City of Bellflower
Agreement File No. 690.4
Pretty Smart
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
-23-
City of Bellflower
Agreement File No. 690.4
Pretty Smart
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER PRETTY SMART
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Daniella Carter, Principal
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 26-2945184
Attachments:
Exhibit A – Scope of Services
Exhibit B – Fee Schedule
-24-
CITY OF BELLFLOWER
AGREEMENT FILE NO. 690.4 - EXHIBIT A
SCOPE OF SERVICES
CONSULTANT will perform the tasks described in CONSULTANT’s October 29, 2021 proposal titled “Proposal for Architectural Services,” attached hereto as Exhibit A1.
-25-
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
Proposal for Architectural Services
Date: October 29, 2021
Attn: Bernardo Iniguez
City of Bellfl ower
Dear Bernie,
It was a pleasure working with you on the Bellfl ower Public Works project and we are excited about the opportunity to work with you on the Bellfl ower Teen and Senior Center. This promises to be a valuable community asset that will serve Bellfl ower residents for generations to come.
Our background in building and construction has taught us that successful projects require a dedicated team, close collaboration, and building expertise. Pretty Smart and NCA Studio are teaming up as the Design Architect and Architect of Record to provide the best-in-class services for all aspects of this proposal. With this arrangement, the two offi ces have coordinated to work seamlessly and will showcase their top skills spanning from design and documentation to construction administration and close out. Capitalizing on each offi ce’s skill and profi ciency, we are maintaining a dependable and committed architectural team throughout. This structure has a sliding scale of involvement leading with Pretty Smart/ Design Architect for the design, and ending with NCA Studio/ Architect of Record in contract documents and construction.
Pretty Smart and NCA Studio have a long history of collaboration that creates synergy and value, benefi ting our clients and our projects. The scalable business models of each join their specifi c strengths together to create a lean and effi cient team — one which consistently delivers exceptional design and project management.
Pretty Smart Inc.
Pretty Smart is a Design Focused studio which prides itself on its holistic design approach and attention to detail. With over two decades of hands-on experience with interior design, architecture, and construction, we have the knowledge to guide our clients through the myriad of decisions in each project. We are deeply committed to creative collaboration and sustainability. Our practice is founded on the belief that design is a process that thrives when trust and transparency guide our relationships with clients and colleagues. Our unique approach will result in a project which will be both modern and enduring. p1 of 12
75%
PRETTY SMART
50%20%15%
25%50%80%85%
NCA STUDIO
DESIGN ARCHITECT
% OF WORK
ARCHITECT RECORD
% OF WORK
SCHEMATIC
DESIGN
DESIGN
DEVELOPMENT
CONTRACT
DOCUMENTS
CONTRACT
ADMINISTRATION
DESIGN ARCHITECT AND ARCHITECT OF RECORD DIVISION OF WORK -26-
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
NCA Studio Inc.
NCA Studio is a highly collaborative team of architects and managers who specialize in delivering quality designs and high performing spaces. We offer a pragmatic and creative approach to architecture in three ways:
Aesthetic, Functional, and Financial. To do this, we draw upon our depth of experience as Architects of Record and use a proactive, collaborative approach to all aspects of our work. We believe this combined with our technical expertise in building codes, construction, and local permitting will make this an exceptional project.
Together, the Pretty Smart and NCA Studio team provides:
• Quality Architectural and Project Management Services • A Proactive and Collaborative Approach
• Creative Three-Dimensional Problem Solving
• Over twenty years Building and Design Expertise in architectural documentation, construction oversight and management.
We are pleased to submit the following proposal for your consideration. We have included the following documents that detail our understanding of the work at hand:
• Project Scope and Fee Proposal
• Project Fee Matrix
• Pretty Smart Profi le
• NCA Studio Profi le
• Outline Project Schedule
We are pleased to share our architectural expertise, and look forward to working on this exciting project.
Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal NCA Studio, Inc.
p2 of 12
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Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
PROPOSAL - BELLFLOWER COMMUNITY CENTER
We are pleased to submit the following Architectural Services Proposal for your consideration. Once we agree on the terms of the work, we will issue a contract to fi nalize the agreement. This proposal outlines the combined work and deliverable but assumes separate contract for the Design Architect and Architect of Record Services.
Project Description
We understand the project description to be as follows:
The project scope is to include the ground up construction of the Bellfl ower Senior and Teen Center at 16614 Clark Ave, Bellfl ower, CA 90706. The project will be a single-story, 11,834 sf new building plus site work based on the approved schematic design package delivered by Pretty Smart in March 2020 (Exhibit A). The design will require updates to move the building from the corner lot westward onto city property. The site work will also be expanded to incorporate approx. 100,000 sf of parking and park area that will be updated to accommodate relocated parking spaces and related parking plan adjustments. A parking assessment and design through construction administration services are required for this area. See Exhibit B for outline of parking area and additional site work.
The project will require Design Architect and Architect of Record services for building and site design, consultant coordination, design development, contract documents, bidding and construction administration. The Design Architect (Pretty Smart) and Architect of Record (NCA Studio) will be contracted by the Owner under separate contracts. The Design Architect and Architect of Record will collaborate throughout the entire project to deliver a coordinated set of services.
Professional Scope of Services
The work for the specifi ed program and scope shall be completed for the following fee and billed according to the terms outlined below and attached Project Fee Matrix. Payment of professional fees will be billed monthly as work is completed:
Schematic Design
• Client program and site to be confi rmed prior to commencing Schematic Design. • Re-design building and site plan for new building location and increased parking lot footprint. • Coordinate with Consultants.
• Attend project meetings as required. Includes up to 3 meetings with council committe to fi nalize schematic design.
Design Development
• Develop design and documents based on approved schematic design. • Coordination with consultants for the development of the building systems their design package.
Anticipated consultants include: Structural Engineer, Civil Engineer, MEP Engineers, AV/ IT Consultant, and Landscape Architect
• Development of base building documents based on approved design direction: Floor plan, refl ected ceiling plan, life safety plan, accessibility plan, building sections, roof plan, and site plan. • Perform code compliance reviews.
• Coordinate with Cost Estimator for their cost estimate at 100% Design Development • Provide drawing set for Owner review and incorporate (1) round of comments. p3 of 12
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Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
• Attend project meetings as required including up to 2 Design Development Presentations. • Update project schedule at end of phase.
• Deliverables: Floor Plans, Refl ected Ceiling Plans, Roof Plan, Site Plan, Finish Plans, Building Elevations, Building Sections, Fire Life Safety Plans, Key Architectural Enlarged Plans and Details, and Outline Specifi cations/ Design Narrative
Contract Documents
• Continue to develop document package to produce permit submission set and bid documents. • Provide consultant coordination as needed to develop the design and support consultants with the development of their permit and bid document set.
• Develop drawing set and coordinate with Design consultant to produce construction document and bid set. • Submit Drawings to “AHJ” (Authority Having Jurisdiction) for plan check. • Submit drawings to Cost Estimator at 75% Construction Documents for their cost estimate. • Respond to plan check corrections to obtain “RTI” (Ready to Issue). • Attend project meetings as required.
• Deliverables: contract document package for general contractor bidding including drawings and specifi cations.
Bidding and Negotiation
• Prepare Addenda as needed.
• Review and respond to contractor pre-bid RFI.
• Review general contractor bids.
*Contract Administration
• Attend Pre-Construction Meeting
• Attend OAC meetings and site visits.
• Provide clarifi cations and answers to contractor’s requests for information. • Review general contractor’s submittal and shop drawings. • Payment application review
• Change order review
• Project punch list verifi cation and assessment of Substantial Completion and Project Completion. • **As-Built drawings: Documentation of contractor recorded Architectural As-Built conditions into DWG and PDF format at project closeout. As-Built drafting is limited to architectrual drawing scope. The addition of consultant as-built drafting will be assesed at project closeout. * Contract Administration is a budget allowance based on approximately 50 hours of billable time per month for an 18 month construction period. This fee will be reassessed based on hourly rates at the time of construction commencement if the project varies from the proposed timeline stated in this proposal. ** As-built budget allowance is based on 40 hours of an Architectural Assistant’s time plus 8 hours of a Project Architect/ Designer’s time at the hourly rates at the time of this proposal. Hourly rates subject to change annually. Work to be re-assessed based on information provided by the General Contractor at time of close out documents.
TOTAL ARCHITECTURAL PROFESSIONAL FEE: $503,120
Retainer to Start: Retainer will be credited to the fi nal invoices $50,000 ($15,000 to Pretty Smart and $35,000 to NCA Studio)
The retainer and signed contract will be required to commence work.
These fees include architectural services only. Other consultants required during the course of the work (i.e. cost estimation, topographic survey, soils and geology, structural engineering, acoustical consultant, civil p4 of 12
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Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
engineers, lighting design, kitchen consultant, permit/planning expediter, energy compliance, low voltage consultants, etc.) will be contracted by the Owner separately, or as a reimbursable expense as outlined in the Reimbursables section of this proposal.
Additional Services
All services beyond the above scope of work will be billed at the current hourly rate or as otherwise agreed. All Additional Services will require written authorization from the Client before proceeding. 2022 Hourly Rates*
Principal $220
Project Architect/ Designer $170
Project Coordinator $140
Architectural Assistant/ Junior Designer $100
*rates are subject to annual increase
Assumptions:
• This project will not be LEED certifi ed.
• This project will not require ABC Permits.
• This project will not require a lighting designer.
• This project will not require solar design.
• This project will not require Change of Use permits (CUP/CUB Permits). • The client will provide a complete title report with all easements to be incorporated into the survey. • Proposal will be accepted within 45 days of proposal date and assumes project will begin within 3 months of formal acceptance.
Consultant Services which will be sub-contracted by Executive Architect:
• Civil Engineering
• Structural Engineering
• MEP Engineering
• Landscape Design
• Signage Design
• Cost Estimating
• Surveyor
The following items are the responsibility of the Owner/Contractor:
• City and Health Department Permit Fees
• Soils/ geological testing and engineering
• Commissioning
• Testing and Inspections
• FF&E Procurement
The following items are available as additional services for additional fee:
• Value Engineering
• FF&E Specifi cation and Vendor Coordination
• Building design revisions after schematic design due to client site or program changes Reimbursables
In addition to the fee outlined above, reimbursement is requested for items such as mileage, travel expenses, printing, plotting, procurement and sub-contracted services. Expenses shall include a fi fteen percent (15%) mark up on the direct expenses, and Sales Tax will be charged where applicable. Mileage will be charged according to the federal reimbursement rate.
p5 of 12
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Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
p6 of 12
Termination
This agreement may be terminated by the client or architect for any or no reason, upon 7 days written notice. In such event the client shall compensate NCA Studio and Pretty Smart for services and reimbursable expenses incurred prior to the termination date, in accordance with the terms of this agreement.
Payments
Invoices will be submitted monthly for the prior month’s services unless specifi ed otherwise on Contract. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non-payment, the Architect may, without waiving any of the claims or rights, and without liability whatsoever, terminate performance of the services. A late charge will be added to delinquent amounts at the rate of ten percent (10%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our offi ce submitting the invoice is located, and if so exceeding, the interest rate shall be the maximum amount allowable in that state).
Please call or email with any questions regarding this proposal. With your approval, we will generate a contract for your signature. We look forward to working on this exciting project! Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal/ NCA Studio, Inc
Date: 10/29/21 Date: 10/29/21
-31-
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
Proposed Architectural Fees Pretty Smart Contract NCA Studio Contract Proposed Design Fees % of fee % of fee Architectural:Design Architect 122,400.00$ Pretty Smart Design Development (DD)120,000$ 50% 60,000$ 50% 60,000$ Executive Architect 324,600.00$ NCA Studio Construction Documents (CD)192,000$ 20% 38,400$ 80% 153,600$ Consultants:
Bidding 15,000$ 40%6,000$ 60%9,000$ Structural Engineering 40,500.00$ Labib Funk + Associates Construction Administration (CA)120,000$ 15% 18,000$ 85% 102,000$ Civil Engineering 27,000.00$ Labib Funk + Associates Total Architectural Fees 447,000$ Total 122,400$ Total 324,600$ MEP Engineering 105,000.00$ ARC Engineering Inc.
AV/Information Technology 51,700.00$ Waveguide Landscape Design 39,945.00$ Korn Randolph
Cost Estimator 22,100.00$ WMS2 Inc.
15% Administration Fee 42,936.75$ NCA Studio
Total Design Fees 776,181.75$
Proposed Architectural Fees Pretty Smart Contract NCA Studio Contract Proposed Design Fees % of fee % of fee Architectural:Design Architect 150,936.00$ Pretty Smart Schmatic Design (SD)25,156$ 75% 18,867$ 25%6,289$ Executive Architect 352,184.00$ NCA Studio Design Development (DD)125,780$ 50% 62,890$ 50% 62,890$ Consultants:
Construction Documents (CD)201,248$ 20% 40,250$ 80% 160,998$ Structural Engineering 43,500.00$ Labib Funk + Associates Bidding 25,156$ 40% 10,062$ 60% 15,094$ Civil Engineering 33,800.00$ Labib Funk + Associates Construction Administration (CA)125,780$ 15% 18,867$ 85% 106,913$ MEP Engineering 105,000.00$ ARC Engineering Inc.
Total Architectural Fees 503,120$ Total 150,936$ Total 352,184$ AV/Information Technology 51,700.00$ Waveguide Landscape Design 49,880.00$ Korn Randolph
Signage 33,850.00$ Graphic Solutions
Cost Estimator 22,100.00$ WMS2 Inc.
Surveyor 5,500.00$ Iacobellis & Assoc.
15% Administration Fee 51,799.50$ NCA Studio Total Design Fees 900,249.50$
Proposed Architectural FeesPretty Smart Contract NCA Studio Contract Proposed Design Fees % of fee % of fee Architectural:Design Architect 150,936.00$ Pretty Smart Schmatic Design (SD)25,156$ 75% 18,867$ 25%6,289$ Executive Architect 352,184.00$ NCA Studio Design Development (DD)125,780$ 50% 62,890$ 50% 62,890$ Consultants:
Construction Documents (CD)201,248$ 20% 40,250$ 80% 160,998$ Structural Engineering 43,500.00$ Labib Funk + Associates Bidding25,156$ 40% 10,062$ 60% 15,094$ Civil Engineering 33,800.00$ Labib Funk + Associates Construction Administration (CA)125,780$ 15% 18,867$ 85% 106,913$ MEP Engineering 105,000.00$ ARC Engineering Inc.
Total Architectural Fees503,120$ Total 150,936$ Total 352,184$ AV/Information Technology 51,700.00$ Waveguide Landscape Design 49,880.00$ Korn Randolph
Signage 33,850.00$ Graphic Solutions
Cost Estimator 22,100.00$ WMS2 Inc.
Surveyor 5,500.00$ Iacobellis & Assoc.
15% Administration Fee 51,799.50$ NCA Studio Total Design Fees 900,249.50$
FEE SUMMARY
p7 of 12
We have assembled a team of highly skilled consultants to deliver the project. The fees are outlined below include the architectural and consultant fees with a total anticipated fee. The consultant proposals have been provided in Exhibit B.
The following breakdown outlines the total architectural fees and the distribution of the fee between Design Architect and the Architect of Record.
-32-
PRETTY / SMART is an innovative multidisciplinary
architecture and design studio based in Long Beach,
California. All of our projects, big or small, commercial or residential, luxury or budget driven, engage the user in a meaningful, poetic way and leave a lasting impres- sion.
We combine creativity with extensive experience to
bring our clients the highest value and design for their projects.
Pretty Smart is a certified California Green Business,
female and minority owned.
Daniella Wilson Carter inspires her team with a holistic approach and an eye on the big picture, while never loosing sight of the details. With two decades of experience spanning all aspects of design and construction from interiors to landscape, she creates projects which are beautiful, inspired and enduring. Daniella is a licensed California Architect and NCARB certified.
PRETTY/ SMART 4117 E 4TH STREET, LONG BEACH CA 90814 562.343.2491 WWW.PRETTY-SMART.NET “PRETTY /SMART did a major interior design job for us and their work was impeccable. I couldn’t recommend them highly enough.
Daniella was super prepared and attentive. Her taste is excellent and she really listened to our opinions and meshed them beautifully with her own. Her estimates were right on target and the timeline she provided was matched in execution and delivery. We’d use her again in a heartbeat and recommend her highly.”
– LAWRENCE SHER
“PRETTY /SMART has been the absolute best to work with! Daniella is professional, knowledgeable and she truly made all the difference in our home renovation. Her keen eye and attention to detail helped us avoid some major (and costly) design issues—and her work is stunning. I recommend her highly to anyone”
- ASHLEY MILLLETESTIMONIALS
-33-
PPRETTY/SMART 4117 E 4TH STREET, LONG BEACH CA 90814 WWW.PRETTY-SMART.NET 10-Jan-20
DANIELLA WILSON CARTER, DESIGN PRINCIPAL
Email: [email protected]
PARTIAL PROJECT LIST
4 Sons Tap Room
Restaurant and Brewery
Huntington Beach, Ca
Loft and Bear Distillery
Distillery and Executive Offices
Los Angeles, Ca
Bishop Place Food Hall
Adaptive reuse of industrial building to food hall
Westminster, Ca
Bellflower Public Works Offices
Adaptive reuse of maintenance bays to offices
Bellflower, Ca
Daniella Wilson Carter is the principal and founder of Pretty Smart Inc. She has been working in the architecture and design industry since 2001, and has been the head of Pretty Smart since 2007. Her hands- on field experience in space planning, construction, interior and exterior design gives her a unique perspective with designing projects with an eye for functionality, value and user experience. Looking at each project as an opportunity to improve the built and natural environment and those who inhabit it, she leads the process with confidence and humor, keeping an eye on the big picture while staying focused on the smallest details.
Daniella has a Bachelor of Architecture degree from the California Polytechnic State University in San Luis Obispo, and has been a licensed architect since 2012. She lives and works in Long Beach.
Expertise: Architecture Interior Design Corporate Executive Environments Luxury Residential Restaurants Tenant Improvements,
Certifications and Associations:
Licensed California Architect AIA member
NCARB Certified Registered Green Business Owner
Years of Experience: 21
RESUMES OF KEY PERSONNEL
p8 of 11 12
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About Us
NCA Studio is a woman-owned architecture and
project management firm based in the Arts
District, LA. We are a small team of dedicated
problem solvers who design and manage a
diverse range of projects from retail, restaurants,
commercial offices, broadcast facilities to high
end residential.
Our mission is to build forward thinking, high
performing, and unique spaces without ego. We
offer a pragmatic creative approach to
architecture in three ways: Aesthetic, Functional,
and Financial. To do this, we must have a deep
understanding of our client’s core values and be
a respected partner they can trust.
Full Service Architecture and Management company that understand all aspects of building, construction, regulatory and management requirements Specialize in delivering high performance and complex projects Creative problems solvers that proactively approach design and management challenges
San Bernardino Community College/ KVCR TV & Radio Technology Modernization, Facility Renovation and Broadcast Tower; 18,000 sf plus ancillary sites; $16,000,000 Budget
Santa Monica Community College/ KCRW Radio Broadcast and Office Facility; 34,000 sf New Construction; $19,000,000 Budget
Citizen Public Market Adaptive Reuse of Historic Culver City Building; 8,000 sf Design through Construction Administration of Shell and Core and tenant spaces; Budget Undisclosed
Southern California Gas Company Central Office Renovations and Various Branch Office Accessibility Assessment and Remediation
DIFFERENTIATORS
PAST PERFORMANCE
CERTIFICATIONS
California Licensed Architect
American Institute of Architects
California Green Business
NCARB Certified
SBE, WBE, SBE LA, SBE Proprietary,
SLB, EBE, LBE LA, LBE Harbor, LSBE
and VSBE Certified
LEED Certified Professionals
541310 Architectural Services
54161 Management Services
DUNS# 113148954
NAICS CODES
CORE COMPETENCIES/ SERVICES
SMART DESIGN. MANAGED
[email protected]
923 E 3rd St #108
Los Angeles, CA 90013
(323) 638-2344
www.ncastudio.com
Nicole Cannon is the founder and principal of NCA
Studio and has over twenty years experience in
design, construction and management of a myriad
of projects encompassing education, commercial,
broadcast, hospitality, residential and education.
Nicole is committed to improving the quality of life
through design by providing creative, sustainable
and practical solutions.
-35-
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
RESUMES OF KEY PERSONNEL
p10 of 11
Nicole Cannon, Principal
Nicole Cannon is the Principal and Founder of NCA Studio Inc. and has over twenty two years of experience in design, construction and management.
Her diverse architectural background spans projects across commercial, broadcast, hospitality, education, retail and residential fields. From the beginning stages to final construction, Nicole brings her passion for improving the quality of life using creative problem solving and design. She is committed to creating remarkable spaces through practical, sustainable and creative solutions.
Since opening NCA Studio in 2013, Nicole has designed and managed award winning, multi-million-dollar projects across the Greater Los Angeles Area and beyond. These include projects such as KVCR Television and Radio in San Bernardino, KCRW Radio Station in Santa Monica, Citizen Public Market in Culver City, and M. Georgina restaurant at The Row DTLA, as well as several luxury residential projects.
Nicole Cannon holds a Bachelor of Architecture from the University of Texas at Austin and has been a licensed architect in the state of California since 2007. She currently lives in the Los Feliz area of Los Angeles with her husband and young son.
Architecture, Design, Project Management, Restaurants, Luxury Residential, Broadcast, Tenant Improvement, Programming, Commercial Design and Program Management
22 Licensed California Architect
AIA Member
Registered USGBC LEED Green Associate
NCARB Certifi ed (National Council of Architectural Registration Board) Urban Land Institute Member
University of Texas Austin Alumni
Nicole Cannon
Principal | Architect | AIA
email: [email protected]
Partial Project List
KCRW Public Radio at SMC Arts and
Entertainment Campus
Santa Monica CA
Bon Temps Restaurant
Los Angeles CA
San Bernardino Community College/
KVCR Television and Radio Station
Renovation, Technology Upgrade and
Broadcast Tower
York Boulevard Place
Commercial and
Restaurant Complex
Highland Park CA
Penhaligon’s London
Stanford CA
Expertise
Years of Experience
Certifi cations and Associations
12 -36-
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
p12 of 12
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DRAFT PROJECT SCHEDULE
-37-
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
Bellfl ower Youth & Senior Center Design Project
Exhibit A: Schematic Design Package
Date: August 30, 2021
-38-
ARCHITECTURAL
A0.01 TITLE SHEET
A0.02 GENERAL NOTES
A0.03 GENERAL NOTES
A0.04 GENERAL NOTES
A0.05 GENERAL NOTES
A0.06 ACCESSIBILITY COMPLIANCE
A0.07 ACCESSIBILITY COMPLIANCE
A0.08 PARKING ACCESSIBILITY
A1.01 SITE PLAN
A1.02 EGRESS PLAN
A2.01 FLOOR PLAN
A2.02 REFLECTED CEILING PLAN
A2.03 ROOF PLAN
A3.01 EXTERIOR ELEVATIONS
A3.02 EXTERIOR PATIO ELEVATIONS
A5.01 DOOR AND WINDOW SCHEDULES
9402 OAK ST.
BELLFLOWER, CA 90706
9402 OAK ST.
BELLFLOWER, CA 90706
7106-003-001
7106-003-003
B
VA
11,834sqft.
1 STORY
23'-10" AT PEAK OF RIDGE
SCHEMATIC DESIGN FOR NEW TEEN
AND SENIOR CENTER WITH
ADMINISTRATION OFFICES.
C-G
3'-0" AND 10'-0"
PROJECT ADDRESS:
ASSESSOR'S PARCEL NUMBER:
OCCUPANCY:
CONSTRUCTION TYPE:
BUILDING FOOTPRINT:
BUILDING STORIES:
BUILDING HEIGHT:
SCOPE OF WORK:
ZONING:
SET BACKS:
LC
EQUIPMENT NO.
CEILING HEIGHT
ELEVATION NO. (TYPICAL)
SHEET NO.
ELEVATION NO.
SHEET NO.
2 A3.2
SHEET NO.
DETAIL NO.
AREA REFERENCE
A9.2
5 21.8 REFERENCE NO.
ROOM NO.
REFERENCE LETTER
ROOM NO.
34.B
WORK POINT OR
CONTROL POINT
CEILING HEIGHT
OR EQUIPMENT
INTERIOR ELEVATION
EXTERIOR ELEVATION
DETAIL
DOOR SYMBOL
WINDOW SYMBOL
BUILDING GRID LINES
4 A4.4
LIVING
ROOM
1.2 PAINT NO. (TYPICAL)
NORTH ARROW
6'-4"
DIMENSION STRING
INTERIOR FINISH
SHEET NO.
SECTION NO.
SECTION
FLOOR LEVEL
ROOM NO.
ROOM NAME
ROOM LABEL
THE SHADED
PORTION IS THE
SIDE CONSIDERED
SHEET NO.
MATCH LINE
(CLOUD AROUND
REVISION OPTIONAL)
REVISION CLOUD
3 REVISION NO.
Verify in FieldV.I.F.
14 5
7 8
10 11 2
6912
ALL DRAWINGS AND DETAILS ARE IDENTIFIED BY THE GRID NUMBER IN THE LOWER RIGHT HAND CORNER.
ALL NUMBER LOCATIONS CONFORM TO THIS GRID SYSTEM.
3 EastE
EJ
EL
EA
ELEC
Expansion Joint
Electrical
Elevation
Each
A1.02
1 A
TRUE NORTHARCHITECTURAL NORTH42
3 1
123
8'-0"
A6.10
1 2
3 4
SOIL
CONCRETE MASONRY UNIT
2X4 METAL FRAMING
2X6 METAL FRAMING
GRAVEL
BATT INSULATION
CONCRETE
Solid Core
South
Similar
Sheet
Shower
Section
Shelf
Schedule
Separation, Separate
Square
Standard
Storage
Steel
Switch
System
Suspended
Structural
Symmetrical
Stainless Steel
Service Sink
Sliding
Specification
SW
SYM
SYS
S.SK.
STD
STL
STOR
SUSP
STRUCT
SIM
SHT
S.S.
SLDG
SPEC
SQ
S.C.
SHR
SEP
SECT
SCHED
SH
S
Telephone
Top of Curb
Towel Bar
Top of Slab
Toilet
Threshold
Terrazzo
Toilet Paper Dispenser
Top of Pavement
Top of Steel
Tempered, Temperature
Tongue & Groove
Top of Drain
Thick, Thickness
Typical
Unfinished
Top of Wall
Urinal
Vestibule
Volume
West
Vertical
Unless Otherwise Noted
Television
VEST
VOL
W
T.O.W.
TYP
UNF
VERT
U.O.N.
UR
T.S.
T.O.P.
TV
TOIL
T.O.S.
T.P.D.
T.O.C.
T.O.D.
TER
TEL
THK
TEMP
THR
T.B.
T&G
TreadT
Laminate
Lavatory
Louver
Locker
Left Hand
Light
Lineal Foot
LAM
LT
LVR
LAV
L.H.
L.F.
L.R.
LKR
Metal
Membrane
Mechanical
Maximum
Mirror
Mullion
Mounted
Minimum
Manhole
M.R.
MUL
MTD
M.O.
MFR
MET
MIR
MIN
MISC
MH
M.B.
MAX
MECH
MEMB
MaterialMATL
EQ
E.O.S.
ELEV
ENCL
EMER
Equal
Elevation
Enclosure
Edge of Slab
Emergency
EXP
EXT
EXPO
E.W.C.
E.W.
EXST
Expansion
Exterior
Exposed
Each Way
Existing
F.A.
F.E.
F.E.C.
F.D.
FDN
Fire Alarm
Floor Drain
Fire Extinguisher Cab
Fire Extinguisher
Foundation
Electric Water Cooler
EQUIP Equipment
Number
No Scale
Nominal
North
Overall
Obscure
On Center
Over
NO
OBSC
O.C.
O.D.
N.S.
OA
N.T.S.
NOM
O/
N.I.C.
N
Overhang
Opening
Opposite
Overhead
Office
Plumbing
Piece
Plate
P.L.
PLAM
PLMG
OPP
OPNG
OVHD
P.D.
PC
PL
OFF
O.H.
O.F.D.
FLR
FLUOR
F.O.F.
F.O.C.
FIN
FLASH
Floor
Finish
Flashing
FTG
FR
FS
FT
FPRF
F.O.S.
Footing
Foot, Feet
Fireproof
Frame
Full Size
F.O.M.
Face of Stud
Face of Masonry
Fluorescent
Face of Finish
Face of Concrete
G.I.
GA
GALV
G.B.
FUT
Gauge
Grab Bar
Future
High
GR
GYP
H
GND
Grade
Gypsum
Ground
GL
Galvanized Iron
Glass, Glazing
Galvanized
FURR Furring, Furred
Fire Hose CabinetF.H.C.
F.G.Finish Grade
Planter Drain
Plastic Laminate
Property Line
Overflow Drain
Outside Diameter
Not to Scale
Moisture Resistant
Masonry Opening
Miscellaneous
Manufacture
Not in Contract
Living Room
Machine Ball
Without
Waterproof
Wood
Weight
Wainscot
Wet Standpipe
Waterproof Membrane
Water Closet
Water Heater
W.C.
WD
WPM
W.S.P.
WSCT
WT
WP
W/O
W.H.
Paint
Partition
Plywood
Pair
Reference
Roof Drain
Radius
Riser
Quarry Tile
PT
R.D.
REF
PTN
Q.T.
P.T.D.
RAD
R
PLYWD
PR
Revised
Roofing
Right Hand
Required
Resilient
Redwood
Room
REV
RFG
R.O.
RWD
RM
R.H.
REQ
REINF
RESIL
REFR
Horizontal
Hour
Hardware
Hardwood
HORIZ
HR
HDWR
H.M.
HDWD
H.C.
HCP
I.D.
HVAC
H.W.Hot Water
HT Height
Inside Diameter
and Air Conditioning
Heating, Ventilation
Hollow Core
Hollow Metal
Handicapped
INSUL
INT
JAN
JST
JT
Insulation
Interior
Janitor
Joist
Joint
KIT Kitchen
INCL Including
Rough Opening
Paper Towel Dispenser
Reinforced or Reinforcing
Refrigerator
Hose BibH.B.
W/With
PlasterPLAS
Angle
And
@
&
<
Number
Existing(E)
#
At
ACT
A.F.F.
ADJ
A.C.
A/C
ACOUS
Asphalt
ANOD
ASPH
A.P.
ARCH
ALUM
APPROX
ALT
AB
Anodized
Architectural
Approximate
Access Panel
Acoustical Tile
Above Finish Floor
Alter or Alternate
Aluminum
Acoustical
Adjustable
Anchor Bolt
Perpendicular
Asphaltic Concrete
Air Conditioning
Centerline
Diameter or Round
Block
Building
Board
BLK
BLKG
BLDG
BD
BITUM
Cabinet
Bottom
BSMT
CAB
B.U.R.
BOT
BR
BM Beam
Closet
Ceiling
Cement
CER
CLO
C.I.
CLG
C.B.
CEM
Counter
Column
CNTR
CONN
COL
CONC
COND
C.M.U.
CLR Clear
CARP Carpet
Basement
Condition or Condenser
Connection
Concrete
Ceramic
Concrete Masonry Unit
Cast Iron
Catch Basin
Built Up Roofing
Bedroom
Blocking
Bituminous
CenterCTR
CTSK
C.T.
CORR
CONT
CONTR
Detail
Double
D.F.
DIA
D
DET
DBL
C.W.
Door
Down
DISP
DR
D.S.P.
DS
D.O.
DN
DrawerDWR
DWG
DIM
Drawing
Dispenser
Dry Standpipe
Door Opening
Downspout
Deep, Depth
Drinking Fountain
Diameter
Dimension
Contractor
Cold Water
Countersunk
Ceramic Tile
Corridor
Continuous
CONST Construction
SCALE 11N/ASYMBOLS
SCALE 9N/AABBREVIATIONS
SCALE 8N/AMATERIALS
SCALE 4N/APROJECT INFORMATION
SCALE 5N/ASHEET GRID SYSTEM
SCALE 3N/AVICINITY MAP
ARCHITECT:
Pretty Smart
4117 E 4th St.
Long Beach, CA 90814
562.343.2491
OWNER:
City of Bellflower
16600 Civic Center Dr.
Bellflower, CA 90706
ATTN: P.J. Mellane
Parks and Recreation
SCALE 7N/APROJECT DESCRIPTION
SCALE 2N/ADRAWING INDEX
SCALE 6N/A
SITE
NOT USED-39-
SCALE
1/16" = 1'-0"3SITE PLANNOT USED
STONE WALL
MASONRY WALL
GRAVEL
CONCRETE WALL
PROPERTY LINE
G
HB
GAS BIB
HOSE BIB
EXISTING TREE PROTECT IN PLACE
LEGEND
1.ALL DIMENSIONS ARE TO FACE OF STRUCTURE (F.O.S.) UO.N. DO NOT SCALE DRAWINGS.
2.ANY INCONSISTENCIES OR UNFORESEEN CONDITIONS TO BE REVIEWED BY THE ARCHITECT PRIOR TO PROCEEDING WITH CONSTRUCTION.
3.ALL NON-DIMENSIONED WINDOWS TO BE FLUSH TO ADJOINING WALL U.O.N.
4.ALL CASEWORK DIMENSIONS TO FACE OF FINISH.
5.SOUND INSULATION REQUIRED IN ALL TOILET ROOM WALLS.
6.PROVIDE ULTRA FLUSH WATER CLOSETS FOR ALL NEW CONSTRUCTION.
7.WATER HEATERS MUST BE STRAPPED TO WALL.
8.ALL INSULATION MATERIALS SHALL BE CERTIFIED BY THE MANUFACTURER AS COMPLYING WITH THE CALIFORNIA QUALITY STANDARDS FOR INSULATION MATERIAL.
9.ALL NON-DIMENSIONED DOORS SHALL BE OFFSET FROM THE HINGE-SIDE WALL TO ALLOW FOR (2) 2X4 STUDS AT THE JAMB (U.O.N.).
10.AN APPROVED SEISMIC SHUTOFF VALVE WILL BE INSTALLED ON THE FUEL GAS LINE ON THE
DOWN STREAM SIDE OF THE UTILITY METER AND BE RIGIDLY CONNECTED TO THE EXTERIOR OF THE BUILDING OR STRUCTURE CONTAINING THE FUEL GAS PIPING.
11.PROVIDE R-12 EXTERIOR BLANKET FOR HOT WATER HEATER. R-3 INSULATION SHALL BE PROVIDED FOR THE FIRST FIVE FEET OF THE WATER HEATER OUTLET PIPE. ALL WATER
HEATING AND SPACE CONDITIONING EQUIPMENT, SHOWER HEADS, AND FAUCETS SHALL BE C.E.C. CERTIFIED. ALL STEAM AND STEAM CONDENSATE RETURN PIPING AND ALL
CONTINUOUSLY RE-CIRCULATING COMMERCIAL HEATING OR HOT WATER PIPING SHALL BE INSULATED PER PLUMBING DIVISION.18.
12.THE BUILDING SHALL BE EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION R313.3 OR NFPA13D (R313, 12.21A17)
13.THE SPRINKLER SYSTEM SHALL BE APPROVED BY PLUMBING DIV. PRIOR TO INSTALLATION.
SITE NOTES
1 A3.01
1 A3.02
2 A3.01
2 A3.02 EVEVEV EV EV EV EV
EXISTING SITE
PARKING AND
FACILITIES, NOT
IN SCOPE
EXIT ANALYSIS: (C.B.C 1006)
PARKING ANALYSIS
TOTAL SQUAREFOOTAGE: 11,150SQFT
11,150/100SF = 111.5 OVERALL SPACES REQUIRED
ACCESSIBLE PARKING REQUIREMENTS:
101-150 SPACES REQUIRE 5 ACCESSIBLE SPACES
PROVIDED: 5 SPACES
VAN PARKING SPACES:
FOR EVERY SIX PARKING SPACES REQUIRED AT LEAST ONE
SHALL BE A CAN PARKING SPACE
PROVIDED: 1 SPACE
PASSENGER DROP-OFF AND LOADING ZONES:
PASSENGER DROP-OFF AND LOADING ZONE SHALL PROVIDE
PULL-UP SPACE AND AN ACCESS AISLE THAT IS ADJACENT AND
PARALLEL TO THE VEHICLE PULL-UP SPACE
ELECTRIC VEHICLE CHARGING STATIONS:
CALGREEN REQUIRES 6% OF OVERALL PARKING SPACES
111.5 x .06 = 6.69
7EVCS STATIONS REQUIRED
PROVIDED: 7 STATIONS
ACCESSIBLE EVCS SPACES
5-25 EVC STATIONS REQUIRE 1 VAN ACCESSIBLE, 1 STANDARD
ACCESSIBLE, 0 AMBULATORY.
PROVIDED: 1/REQUIRED TYPE
ACCESSIBLE PATH OF TRAVEL FROM PUBLIC WAY
ACCESSIBLE PATH OF TRAVEL FROM PARKING
UNAUTHORIZED SIGNAGE PER CODE
ACCESSIBLE PARKING SPOT DESIGNATION
RIGHT OF WAY THROUGH PARKING LOT
AREA OF
PROPOSED
TEEN AND
SENIOR CENTER
OPEN TO
BELOW
SCALE 10N/A
SCALE 11N/A
SCALE 12N/A-40-
EXIT/OCCUPANCY/FIXT. REQS
BUILDING
FOOTPRINT:
11,005 SF
COMMON AREA
DWREF.73'-10 1/2" EXIT DISTANCE1
4 9
'
-
8 1
/
8 "
D
I
A
G
O
N
A
L
D
I
S
T
A
N
C
E
CPTL 1CPTL 3CPTL 4CPTL 5CPTL 6CPTL 7CPTL 8CPTL 9CPTL 10 CPTL 11
CPTL 1: 38'-0"
CPTL 2: 35'-0"
CPTL 3: 25'-0"
CPTL 4: 31'-0"
CPTL 5: 12'-0"
CPTL 6: 36'-0"
CPTL 7: 74'-0"
CPTL 8: 18'-0"
CPTL 9: 47'-0"
CPTL 10: 30'-0"
CPTL 11: 26'-0"
EXIT ANALYSIS: (C.B.C 1006)
TOTAL AREA: 11000 SF
TOTAL OCCUPANTS: 511>50 SEE TABLE
EXIT REQUIRED: 2 (C.B.C 1006.3)
EXIT PROVIDED: 2
LONGEST DIAGONAL DISTANCE: 150'-0"
REQUIRED DISTANCE SEPARATION (1/3 DIAGONAL; SPRINKLERED): 50'-0"' MIN EXIT DISTANCE SEPARATION: 62'-0" > 50'-0"
EXIT WIDTH REQUIREMENTS:
OCCUPANCY COUNT / 0.2" :
511 / 0.2" = 102"MIN
EIXT WIDTH PROVIDED:
6'-0" + 3'-0" = 9'-0" > 102"
EXIT ACCESS ANALYSIS: (C.B.C TABLE 1017.2)
MAX EXIT ACCESS TRAVEL DISTANCE: 250' (A OCC, SPRINKLERED) EXIT ACCESS TRAVEL DISTANCE PROVIDED:
85'-0" + 50'-0" + 62-0" + 17'-0" + 30'-0" = 244'-0"
TOTAL: 244'-0" <250'-0"
COMMON PATH OF EGRESS TRAVEL: (C.B.C TABLE 1006.2.1)
MAX COMMON PATH OF EGRESS TRAVEL ALLOWED:
75' - OL<50 (A OCC, SPRINKLERED)
MAX COMMON PATH OF EGRESS TRAVEL PROVIDED
STONE WALL
MASONRY WALL
G
HB
GAS BIB
HOSE BIB
EXISTING TREE PROTECT IN PLACE
ILLUMINATED EXIT SIGN
EGRESS PATH
CONCRETE WALL
GRAVEL
(N)WALL AS SCHEDULED
(N)WALL AS SCHEDULED
(N)WALL AS SCHEDULED
PROPERTY LINE
COMMON PATH OF TRAVEL
OCCUPANCY COUNT: 511 PEOPLE
50% MEN = 255 50% WOMEN = 255
NAME
RESTROOM FIXTURE COUNTS
RECEPTION
COMMON AREA
SENIOR AREA
SENIOR STORAGE
KITCHEN
PATIO
PATIO STORAGE
TEEN AREA
TEEN STORAGE
OPEN OFFICE
PRIVATE OFFICE
PRIVATE OFFICE
PRIVATE OFFICE
OFFICE STORAGE
JANITOR
WOMENS CLUB STORAGE
TOTALS
PROPOSED BUILDING OCCUPANCY LOAD
ROOM
20000
201
300
301
400
500
501
600
601
700
701
702
703
706
202
203
AREA
268SQFT
OLF
100
OCC
2585SQFT 15
1005SQFT 15
311SQFT 300
265SQFT 200
1306SQFT 15
242SQFT 300
1003SQFT 15
275SQFT 300
750SQFT 100
150SQFT 100
150SQFT 100
150SQFT 100
53SQFT 300
60SQFT 300
150SQFT 300
511
ENTRY100 281SQFT 15
FIXTURE TYPE
WATER CLOSET
URINALS
LAVATORY
MALE: 3 PER 201-400
FEMALE: 6 PER 201-300
6 UNISEX
MALE: 3 PER 201-400
MALE: 2 PER 201-400
N/A
6 UNISEX
FEMALE: 4 PER 201-300
REQUIRED PROVIDED
EGRESS
EXIT WIDTH PER CBC
2016 SEC.1005.3.2
OCCUPANT
LOAD
REQUIRED EGRESS
WIDTH
PROVIDED EGRESS
WIDTH
IT AREA204 67SQFT 100
COMMUNITY AREA
COMMUNITY STORAGE
800
801
1000SQFT 15 67
216SQFT 300
COPY ROOM
BREAK AREA
704
705
50SQFT 100
158SQFT 100 EVEVEXIT1
336
3'-0"
6'-0"
EXIT2
175 35"
3'-0"
3'-0"
68"
LEGEND
SCALE
1/8" = 1'-0"3EGRESS PLAN
2 A3.01
1 A3.02
2 A3.01
1 A3.01
A3.02
1 2
3 9
A D H J
6 7
8 10
1 C F K
9 3
B
E L
2 5
8 7
1 4
ENTRY
FOYER
100
RECEPTION
200
JANITOR
202
SENIOR
STORAGE
301
SENIOR
AREA
300
COMMUNITY
AREA
800COMMUNITY
STORAGE
801
BREAK
AREA
705
PRIVATE
OFFICE
703
WOMENS CLUB
STORAGE
203
COMMON
AREA
201
OPEN
OFFICE
700
PRIVATE
OFFICE
702
COPY
ROOM
704
TEEN
AREA
600
TEEN
STORAGE
601
PATIO
500
PATIO
STORAGE
501
KITCHEN
400
RESTROOM
200C
RESTROOM
200D
OFFICE
STORAGE
706
RESTROOM
700B RESTROOM
200B
RESTROOM
200E
IT ROOM
204
PRIVATE
OFFICE
701
RESTROOM
200A CPTL 2SCALESCALE 12N/A
SCALE 10N/A
19 2
173
1 1
1 67
2 2
88 1
67 1
8 2
2 2
1 2
1 1
-41-
SCALE
1/8" = 1'-0"2FLOOR PLAN
DOOR TAG
CENTER LINE AS SPECIFIED
WALL TYPE TAG
NEW CMU STACKED BOND WALL WITH REBAR REINFORCEMENT AS
NEEDED
KEY DETAIL DESCRIPTION
NEW INTERIOR NON-BEARING, NON-RATED, NON-SHEER PARTITION WALL WITH WOOD STUD. SUBSTRATE ON BOTH SIDES AS NEEDED FOR SPECIFIED FINISH
NEW EXTERIOR WALL ASSEMBLY WITH REQUIRED FIRE AND WATER BARRIERS WITH WOOD STUD. STUCCO AT EXTERIOR AND REQUIRED
SUBSTRATE ON INTERIOR AS SPECIFIED
NEW INTERIOR 1-HOUR RATED DEMISING WALL ASSEMBLY WITH WOOD STUD. SUBSTRATE ON BOTH SIDES AS NEEDED FOR SPECIFIED FINISH LEGEND
1. ALL DIMENSIONS ARE TO FACE OF STRUCTURE
(F.O.S.), UNLESS OTHERWISE NOTED.
2.DO NOT SCALE FROM DRAWINGS.
3. ANY INCONSISTENCIES OR UNFORESEEN
CONDITIONS TO BE REVIEWED BY THE ARCHITECT
PRIOR TO PROCEEDING WITH CONSTRUCTION.
4. ALL DOORS AND WINDOWS DIMENSIONED TO
CENTERLINE OF CLEAR OPENING.
5. ALL CASEWORK DIMENSIONS TO FACE OF
FINISH.
6. PROVIDE 1.6 GALLONS OF WATER PER FLUSH
TOILETS.
7. WATER HEATERS ARE TO BE STRAPPED OR
HAVE A RIGID CONNECTION TO AN ADJACENT
WALL. (SEC 507.3, UPC)
8. PROVIDE R-12 EXTERIOR BLANKET FOR HOT
WATER HEATER. R-3 INSULATION SHALL BE
PROVIDED FOR THE FIRST FIVE FEET OF THE
WATER HEATER OUTLET PIPE. ALL WATER
HEATING AND SPACE CONDITIONING EQUIPMENT.
SHOWER HEADS AND FAUCETS SHALL BE C.E.C.
CERTIFIED. ALL STEAM AND STEAM CONDENSATE
RETURN PIPING AND ALL CONTINUOUSLY
RECIRCULATING DOMESTIC HEATING OR HOT
WATER PIPING SHALL BE INSULATED PER
PLUMBING DIVISION.
9. ALL INSULATION MATERIALS SHALL BE
CERTIFIED BY THE MANUFACTURER AS
COMPLYING WITH THE CALIFORNIA QUALITY
STANDARDS FOR INSULATION MATERIAL. DOORS
AND WINDOWS BETWEEN CONDITIONED AND
UNCONDITIONED SPACE SHALL BE FULL
WEATHER-STRIPPED.
10. AN APPROVED SEISMIC SHUTOFF VALVE WILL
BE INSTALLED ON THE FUEL GAS LINE ON THE
DOWN STREAM SIDE OF THE UTILITY METER AND
BE RIGIDLY CONNECTED TO THE EXTERIOR OF THE
BUILDING OR STRUCTURE CONTAINING THE FUEL
GAS PIPING.
11. CONTRACTOR SHALL PROVIDE, ERECT AND
MAINTAIN ALL TEMPORARY BARRIERS AND
GUARDS, AND ALL TEMPORARY SHORING AND
BRACING AS REQUIRED BY ALL CITY AND STATE
REGULATIONS.
12. CONTRACTOR SHALL PROVIDE ADEQUATE
WEATHER PROTECTION FOR THE BUILDING AND
ITS CONTENTS DURING THE COURSE OF WORK.
13. CONTRACTOR TO PROVIDE TEMPORARY
POWER POLE AND METER FOR THE DURATION OF
THE WORK. CONTRACTOR TO MAINTAIN
TEMPORARY LIGHT AS REQUIRED FOR THE
DURATION OF THE WORK.
CONTRACTOR SHALL PROVIDE TEMPORARY
SANITARY FACILITIES AS TO LEAST IMPACT
NEIGHBORS AND AS DIRECTED BY CITY
REGULATIONS.
X
702.1
703.1
701.1
700.1
801.1
200.2
300.1
201.1
501.1
601.1
700.3
204.1
600.1
301.1
202.1
100.1
200.1
700.5
600.3
201.7
800.3
201.6
400.1
800F
703A
702B
701A
705A
300F
500A
500.1
500.2
300A
300H
100C
100B
800A
X WINDOW TAG
600A
100A
NOTES AND LEGEND
WALL TYPES-FOR REFERENCE
A D H J
6 7
8 10
1 C F K
9 3
ENTRY
FOYER
100
RECEPTION
200
JANITOR
202
SENIOR
STORAGE
301
SENIOR
AREA
300
COMMUNITY
AREA
800
COMMUNITY
STORAGE
801
BREAK
AREA
705
PRIVATE
OFFICE
703
WOMENS CLUB
STORAGE
203
COMMON
AREA
201
OPEN
OFFICE
700
PRIVATE
OFFICE
702
COPY
ROOM
704
TEEN
AREA
600
TEEN
STORAGE
601
PATIO
500
PATIO
STORAGE
501
KITCHEN
400
RESTROOM
200C
RESTROOM
200D
OFFICE
STORAGE
706
RESTROOM
700B
RESTROOM
200B
RESTROOM
200E
IT ROOM
204
PRIVATE
OFFICE
701
2 A3.01
1 A3.02
2 A3.02
1 A3.01
A3.03
1 2
3 9
200A
300.3
201.3
201.4
RESTROOM
200A
300.2
800.1
203.1
201.5
704.1
600.2
500.3
201.2
B
E L
2 5
8 7
1 4
16'-4 1/4"
119'-1 11/16"16'-4 1/2"35'-7 1/2"6'-11 1/2"3'-3 1/2"41'-1 1/2"104'-0 3/4"5'-4" 25'-7"40'-1"7'-11 3/4"17'-8"16'-4"8'-11"
5'-1"
31'-0 3/4"20'-10"5'-0 1/2"7'-9"
15'-8 3/4"28'-10 1/2"21'-4 1/2"
39'-11 3/4"25'-0"28'-11"17'-3"7'-11"4'-5"800.2
700.4
23'-4 1/2"5'-0"
10'-4"3'-0"15'-5"15'-6"15'-6"17'-11"10'-10"6'-4 1/2"13'-7 1/2"8'-6"37'-2"14'-10"5'-0"700.2 10'-0"4'-5"7'-11 1/4"17'-3"25'-0"40'-1 1/2"17'-10"17'-1"110'-5"20'-9"15'-5 1/2"15'-4"16'-11"7'-3 1/2"5'-0 3/4"16'-6 1/2"25'-11 1/2"7'-2"16'-5 1/2"39'-11 3/4"33'-5 1/2" 119'-1 11/16"
71'-8"
SCALE 10N/A
200B
800G800E800D800B800C
700A
300G
300E
300D
300C
300B
400A
400B
400C
15'-5"
2'-6"
LC13'-9 1/2"LC9'-4"LC6'-6 3/4"8'-10"
LC3'-2"8'-10"LC17'-3"1'-9"3'-0"LC1'-5"9'-6 3/4"WINDOWLCLC34'-5 1/4" 4'-8 1/2"8'-10"7'-3 1/2"7'-10"8'-11"2'-7 3/4"
37'-4"
6'-0"5'-8"34'-8"6'-0"5'-8"18'-1 3/8"16'-4"5'-4"5'-8"1'-5 1/16" 4'-5"5'-5 1/2"8'-5 1/2"3'-0"6'-7"2'-1"COLUMN, TYPLCCOLUMN, TYPLCWINDOW, TYPEQEQSEE BELOW
SEE
BELOW
SEE
BELOW
SEE
BELOW
SCALE
STRUCTURE ABOVE
CEILING AS
SPECIFIED
WOOD STUD @ 16"
O.C. WALL FRAMING
WITH FINISH AS
SPECIFIED
RESILIENT BASE AS
SCHEDULED
FINISH FLOORING
WOOD BOTTOM
PLATE - PTSP
ANCHOR BOLT
INSULATION WHERE
OCCURS
DBL WOOD TOP
PLATE - PTSP
ATTACHMENT
BOLT
CONTINUOUS
ACOUSTIC
SEALANT TYP
STRUCTURE ABOVE
DBL WOOD TOP
PLATE - PTSP
ATTACHMENT
BOLT
CEILING AS
SPECIFIED
WOOD STUD @ 16"
O.C. WALL FRAMING
WITH FINISH AS
SPECIFIED
INSULATION WHERE
OCCURS
WOOD BOTTOM
PLATE - PTSP
ANCHOR BOLT
CONTINUOUS
ACOUSTIC
SEALANT TYP
RESILIENT BASE AS
SCHEDULED
FINISH FLOORING
WD STUD AT 4'0"
O.C. ALT SIDES
TO STRC. ABOVE
CMU WALL ASSEMBLY EXTERIOR STUCCO WALL ASSEMBLY
INTERIOR FR ASSEMBLY INTERIOR WALL ASSEMBLY
PLYWOOD
SHEATHING ON
EXTERIOR SIDE &
5/8" GYP. BD.
ON INTERIOR SIDE
2X STUDS @ 16" O.C.
WITH
R-13 BATT
INSULATION
EXTERIOR
INTEGRAL COLORED
STUCCO APPLIED
WITH STEEL
TROWELED FINISH -
GC TO CONFIRM
COLOR WITH CLIENT
2.5 LB METAL LATH
5/8" TYPE X GYP. BD
AT REQUIRED
WEEP SCREED AT
BOTTOM OF STUCCO
BOTTOM WOOD
PLATE
DOUBLE TOP PLATE
STANDING SEAM
ROOF STRUCTURE
CMU - CORES MUST BE
FILLED TO ENGAGE
REINFORCING AND
DOWELED
CONNECTIONS TO
ROOF DECK AND
COMPLETELY ENCASE
DOWEL MEMBRANE
SEAL.
DOWEL CONNECTION
AND REINFORCING
STANDING SEAM
ROOF STRUCTURE
EXTERIOR
-42-
SCALE
1/8" = 1'-0"3REFLECTED CEILING PLAN
(E) ILLUMINATED CEILING MOUNTED EXIT
SIGN. ALL EXIT SIGNS SHALL BE
ILLUMINATED AT ALL TIMES
2x4 LED LIGHT FIXTURE
2x2 LED LIGHT FIXTURE
X'-X"FINISH HEIGHT OF CEILING ABOVE FLOOR
FINISH
NEW 4x2 MYLAR FACED ACOUSTIC
CEILING TILE IN EXISTING GRID @ +8'-0"
A.F.F. U.N.O.
NOTES
1.ALL DIMENSIONS ARE MEASURED FROM CENTERLINE OF THE
FIXTURE.
2.ALL NON-DIMENSIONED FIXTURES ARE TO BE CENTERED IN THE CLEAR DIMENSION.
3.CEILING HEIGHTS, WHERE SHOWN, INDICATE CLEAR FINISH
DIMENSIONS.
4.ALL NON-DIMENSIONED REGISTERS AND DIFFUSERS TO BE
CENTERED IN THE CLEAR DIMENSION. VERIFY ALL REGISTER AND DIFFUSER LOCATIONS WITH ARCHITECT PRIOR TO INSTALLATION.
5.FOR ALL THE ABOVE SYMBOLS AN ADJ. LETTER INDICATES:
(E)= EXISTING
(N)= NEW
(R)= RELOCATE
6.IN THE EVENT OF POWER SUPPLY FAILURE IN ROOMS AND SPACES
THAT REQUIRE TWO OR MORE MEANS OF EGGRESS, AN
EMEERGENCY ELECTRICAL SYSTEM SHALL AUTOMATICALLY
ILLUMINATE ALL OF THE FOLLOWING AREAS (CBC 1008.3.1):
A.AISLES
B.CORRIDORS
C.EXIT ACCESS STAIRWAYS AND RAMPS
D.
7.EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A
DURATION OF NO LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNIT EQUIPMENT OR AN ON-SITE GENERATOR. (CBC 1009.3.4)
2 A3.02
1 A3.01
1 A3.02
2 A3.01
LEGEND
ENTRY
FOYER
100
RECEPTION
200
JANITOR
202
SENIOR
STORAGE
301
SENIOR
AREA
300
COMMUNITY
AREA
800COMMUNITY
STORAGE
801
BREAK
AREA
705
PRIVATE
OFFICE
703
WOMENS CLUB
STORAGE
203
COMMON
AREA
201
OPEN
OFFICE
700
PRIVATE
OFFICE
702
COPY
ROOM
704
TEEN
AREA
600TEEN
STORAGE
601
PATIO
500
PATIO
STORAGE
501
KITCHEN
400
RESTROOM
200C
RESTROOM
200D
OFFICE
STORAGE
706
RESTROOM
700B RESTROOM
200B
RESTROOM
200E
IT ROOM
204
PRIVATE
OFFICE
701
RESTROOM
200A
12'-0"
12'-0"
12'-0"
15'-0"
12'-0"
12'-0"
12'-0"
12'-0"
12'-0"
12'-0"
12'-0"
12'-0"
22'-10 12'-0"
22'-9 3/4"
12'-0"12'-0"
12'-0"
12'-0"
12'-0"
22'-9 3/4"
12'-0"
12'-0"
12'-0":
12'-0"
12'-0"
A3.03
1 2
3 9
15'-0"
A D H J
6 7
8 10
1 C F K
9 3
B
E L
2 5
8 7
1 4
SCALE 11N/A
SCALE 12N/A
OPEN TO
ABOVE
UNDERSIDE OF ROOF
AT 15'-0" A.F.F.
COVE LIGHTING AT SOFFIT
GYP SOFFIT AT 12'-0" A.F.F.
AT TOP
PLATE HEIGHT
WOOD
12'-0"
GYP
COVE LIGHT AT SOFFIT
15'-0"
GYP
GYP
GYP SOFFIT AT 12'-0" A.F.F.
COVE LIGHTING AT SOFFIT
GYP
GYP SOFFIT AT 12'-0" A.F.F.
COVE LIGHTING AT SOFFIT
COVE
LIGHTING
AT SOFFIT
AT PITCH
AT PITCH
WOOD
AT SOFFIT
GYP
2'-0"4'-5"
TYP
7'-9"
2'-0"
20'-1 1/2"2'-0"8'-0"2'-0"2'-0"4'-5"2'-0"4'-5"4'-6"
TYPTYP
TYPCOLUMN AT 8'-0" AFF TO HOLD
TRACK FOR STACKABLE
PARTITION WALL SYSTEM
COLUMN AT 8'-0" AFF TO HOLD
TRACK FOR STACKABLE
PARTITION WALL SYSTEM
COLUMN AT 8'-0" AFF TO HOLD
TRACK FOR STACKABLE
PARTITION WALL SYSTEM
COVE LIGHT AT SOFFIT
RECESSED CAN LIGHT
DECORATIVE WALL SCONCE
DECORATIVE PENDANT LIGHT
EXPOSED RIDGE BEAM
WD-1 SYNTHETIC WOOD LOOK
WD-2 DOUGLAS FUR
WOOD PLANK
WD-2 DOUGLAS FUR WOOD PLANK
WD-1 SYNTHETIC WOOD LOOK
WD-1 SYNTHETIC WOOD LOOK
WD-2 DOUGLAS FUR PLANK
WD-1 SYNTHETIC WOOD LOOK
-43-
SCALE
1/8" = 1'-0"3ROOF PLANNOT USED
2 A3.01
1 A3.02
2 A3.02
1 A3.01
A D H J
6 7
8 10
1 C F K
9 3
B
E L
2 5
8 7
1 4
OPEN TO BELOW
G
4'-5 3/4"5'-0"35'-11 1/2"
2'-6"2'-6"18'-6 1/2"2'-6"
67'-9 1/4"
5'-4"26'-1"
EQ.EQ.51'-4 1/2"77'-6 1/2"39'-1 3/4"3'-5"3'-0"45'-0 1/2"17'-11" 45'-11"
2'-5"16'-10 1/2"
3'-0"23'-4 1/8"3'-0 1/4"69'-5"3'-0"30'-6 1/2"3'-0"3'-0"23'-6 3/4"7'-7 1/8" 1'-6"
12'-0"
10'-1 3/4"6'-6"9'-6"67'-6 1/2"18'-1"2'-6"
4'-0"2'-6"
2'-6"-44-
FINISH PLAN SCALE
1/8" = 1'-0"3LEGEND
ENTRY
FOYER
100
RECEPTION
200
JANITOR
202
SENIOR
STORAGE
301
SENIOR
AREA
300
COMMUNITY
AREA
800
COMMUNITY
STORAGE
801
BREAK
AREA
705
PRIVATE
OFFICE
703
WOMENS CLUB
STORAGE
203
COMMON
AREA
201
OPEN
OFFICE
700
PRIVATE
OFFICE
702
COPY
ROOM
704
TEEN
AREA
600
TEEN
STORAGE
601
PATIO
500
PATIO
STORAGE
501
KITCHEN
400
RESTROOM
200C
RESTROOM
200D
OFFICE
STORAGE
706
RESTROOM
700B RESTROOM
200B
IT ROOM
200E
RESTROOM
204
PRIVATE
OFFICE
701
RESTROOM
200A
SCALE 12N/A
TL-3 SUBWAY CERAMIC ACCENT TILE AT FIRE PLACE SURROUND
TL-2 24X36 EXTERIOR PORCELAIN FLOOR TILE
TL-1 EXTERIOR WOOD LOOK PORCELAIN FLOOR TILE PLANK
VCT-1 VINYL TILE AT STORAGE/BOH AREAS
TL-4 ACCENT CERAMIC TILE AT KITCHEN BACK SPLASH
ST-1 ABSOLUTE BLACK GRANITE COUNTER TOPS
LVT-1 VINYL FLOOR WOOD LOOK PLANK
PL-1 GREY PLASTIC LAMINATE AT ALL CABINETRY/OFFICE CASEWORK PL-1 GREY PLASTIC LAMINATE AT ALL
CABINETRY/OFFICE CASEWORK
ST-1 ABSOLUTE BLACK GRANITE
COUNTER TOPS
LVT-1 VINYL FLOOR WOOD LOOK PLANK
VCT-1 VINYL TILE AT STORAGE/BOH AREAS
TL-5 PORCELAIN WOOD LOOK FLOOR TILE
PLANK AND COVE BASE AT RESTROOMS
TL-5 PORCELAIN WOOD LOOK FLOOR TILE
PLANK AND COVE BASE
ST-1 ABSOLUTE BLACK GRANITE COUNTER TOPS
PL-1 GREY PLASTIC LAMINATE AT ALL
CABINETRY/OFFICE CASEWORK
LVT-1 VINYL FLOOR WOOD LOOK PLANK
LVT-1 VINYL FLOOR WOOD
LOOK PLANK
ST-1 ABSOLUTE BLACK
GRANITE COUNTER TOPS
PL-1 GREY PLASTIC LAMINATE AT
ALL CABINETRY/OFFICE CASEWORK
VCT-1 VINYL TILE AT STORAGE/BOH AREAS
LVT-1 VINYL FLOOR WOOD LOOK PLANK
PL-1 GREY PLASTIC LAMINATE AT
ALL CABINETRY/OFFICE CASEWORK
TL-5 PORCELAIN WOOD LOOK FLOOR TILE
PLANK AND COVE BASE AT RESTROOMS
LVT-1 VINYL FLOOR WOOD LOOK PLANK
C-1 COMMERCIAL GRADE CARPET
TILE AT OFFICE AREAS
VCT-1 VINYL TILE AT
STORAGE/BOH AREAS
VCT-1 VINYL TILE AT STORAGE/BOH AREAS
TL-3 SUBWAY CERAMIC ACCENT
TILE AT FIRE PLACE SURROUND
TL-5 PORCELAIN WOOD LOOK
FLOOR TILE PLANK AND COVE
BASE AT RESTROOMS
VCT-1 VINYL TILE AT
STORAGE/BOH AREAS
LVT-1 VINYL FLOOR
WOOD LOOK PLANK
PL-1 GREY PLASTIC LAMINATE AT ALL CABINETRY/OFFICE CASEWORK ST-1 ABSOLUTE BLACK GRANITE COUNTER TOPS
LVT-1 VINYL FLOOR WOOD LOOK PLANK
ST-1 ABSOLUTE BLACK GRANITE
COUNTER TOPS
TL-4 ACCENT CERAMIC TILE AT
KITCHEN BACK SPLASH
PL-1 GREY PLASTIC LAMINATE AT ALL
CABINETRY/OFFICE CASEWORK
TL-5 PORCELAIN WOOD LOOK FLOOR TILE
PLANK AND COVE BASE AT RESTROOMS
PL-1 GREY PLASTIC LAMINATE AT
ALL CABINETRY/OFFICE CASEWORK
C-1 COMMERCIAL GRADE CARPET
TILE AT OFFICE AREAS
TL-5
TL-3
VCT-1
LVT-1
NEW INTERIOR PARTIAL HEIGHT WALL 3 1/2 WOOD STUD WITH PLYWOOD
SUBSTRATE ON BOTH SIDES AS NEEDED FOR SPECIFIED FINISH
KEY DETAIL DESCRIPTION
NEW INTERIOR NON-BEARING, NON-RATED, NON-SHEER PARTITION WALL WITH WOOD STUD. SUBSTRATE ON BOTH SIDES AS NEEDED FOR SPECIFIED FINISH
NEW EXTERIOR WALL ASSEMBLY WITH REQUIRED FIRE AND WATER
BARRIERS WITH WOOD STUD AND STUCCO AT EXTERIOR AND REQUIED
SUBSTRATE ON INTERIOR AS SPECIFIED
NEW INTERIOR 1-HOUR RATED DEMISING WALL ASSEMBLY WITH WOOD STUD. SUBSTRATE ON BOTH SIDES AS NEEDED FOR SPECIFIED FINISH LEGEND
SEE
BELOW
SEE
BELOW
SEE
BELOW
SEE
BELOW
WALL SCONCE
FLOOR TRANSITION
FINISH SCHEDULE SCALE 11N/A
TL-7 LARGE EXTERIOR CONCRETE
PAVERS
TL-8 SMALL EXTERIOR CONCRETE
PAVERS
TL-7 LARGE EXTERIOR CONCRETE
PAVERS
TL-8 SMALL EXTERIOR CONCRETE
PAVERS
-45-
SCALE
1/8" = 1'-0"2EAST ELEVATION
SCALE
1/8" = 1'-0"1SOUTH ELEVATION
NOT USED
TOP OF RIDGE
+23'-10"
+16'-0"
TOP PLATE
+22'-10"
+15'-0"
+12'-0"
+14'-7"
+12'-0"
FINISH GRADE
+0'-0"
FINISH GRADE
+0'-0"
A.2
2 TOP PLATE
BOTTOM OF ROOF
TOP OF ROOF
TOP PLATE
TOP PLATE
12 L J H D B A
2'-6"12'-4"4567810
1.4 1.3
1.1 9'-4"2'-6"+22'-10"
BOTTOM OF ROOF
TYP.
TYP.
TYP.
1.2 TOP PLATE
+15'-5"
B-1 CMU LIGHT
BRICK FINISH
TYP.
B-2 CMU DARK
BRICK AT EXTERIOR
PLANTERS, TYP.
PT-1 EXPOSED STRUCTURE
PAINTED TO MATCH MULLION
WD-1 UNDERSIDE OF ROOF
SC-1 NEUTRAL COLOR SMOOTH
STUCCO FINISH
B-1 CMU LIGHT BRICK FINISH TYP.
B-2 CMU DARK BRICK AT EXTERIOR
PLANTERS, TYP.2'-6"TYP.
R-2 STANDING SEAM METAL ROOF
AT ANGLED STRUCTURES, TYP.
SC-2 GREY COLOR SMOOTH STUCCO FINISH
PT-1 EXPOSED STRUCTURE
PAINTED TO MATCH MULLION
R-1 AT FLAT ROOF STRUCTURES, TYP.
ST-2 AT UNDERSIDE OF FLAT ROOF, TYP
SC-1 NEUTRAL COLOR SMOOTH STUCCO FINISH
SC-2 GREY COLOR SMOOTH STUCCO FINISH
SC-2 GREY COLOR SMOOTH STUCCO FINISH
R-2 STANDING SEAM METAL ROOD AT
ANGLED STRUCTURES, TYP.
R-1 AT FLAT ROOF
STRUCTURES, TYP.
ST-2 AT UNDERSIDE
OF FLAT ROOF
PT-1 EXTERIOR FACIA FINISH COLOR TO
MATCH MULLIONS TYP
SC-1 NEUTRAL COLOR SMOOTH
STUCCO FINISH
PT-1 EXPOSED STRUCTURE PAINTED
TO MATCH MULLION
SC-1 NEUTRAL COLOR SMOOTH STUCCO FINISH
PT-1 EXPOSED STRUCTURE PAINTED
TO MATCH MULLION
B-2 CMU DARK BRICK AT
EXTERIOR PLANTERS, TYP.
B-1 CMU LIGHT
BRICK FINISH TYP.
PT-1 EXTERIOR FACIA FINISH COLOR TO
MATCH MULLIONS TYP
NOT USED-46-
SCALE
1/8" = 1'-0"2NORTH ELEVATION
NOT USED
SCALE
1/8" = 1'-0"1WEST ELEVATION
TOP OF RIDGE
BOTTOM OF ROOF
+23'-10"
+22'-10"
+16'-0"
+14'-7"
TOP PLATE
+22'-10"
+15'-0"
+12'-0"
FIRST FLOOR
+0'-0"
FIRST FLOOR
+0'-0"
1.4 A.1
B
TOP OF ROOF
BOTTOM OF ROOF
TOP PLATE
TOP PLATE
2 A E F
1 3
L
12'-4"B
4 7 8 9 10
4 1.4
+13'-0"
TOP OF ROOF
C G K
TYP.
R-2 STANDING SEAM METAL ROOF
WD-1 AT UNDERSIDE OF EXTERIOR ROOF OVERHANG
TOP OF RIDGE
+23'-7 3/4"2'-6"SC-1 NEUTRAL COLOR
SMOOTH STUCCO FINISH
PT-1 EXPOSED STRUCTURE
PAINTED TO MATCH MULLION
2'-6"B-2 CMU DARK BRICK AT EXTERIOR PLANTERS, TYP
SC-1 NEUTRAL COLOR
SMOOTH STUCCO FINISH
PT-1 EXPOSED STRUCTURE
PAINTED TO MATCH MULLION
SC-2 GREY COLOR SMOOTH
STUCCO FINISH
B-1 CMU LIGHT BRICK FINISH TYP.
B-2 CMU DARK BRICK AT EXTERIOR PLANTERS, TYP
R-1 AT FLAT ROOF STRUCTURES, TYP.
ST-2 AT UNDERSIDE OF FLAT ROOF, TYP
44 4
DFGHDRTY
PT-1 EXTERIOR FACIA FINISH
COLOR TO MATCH MULLIONS TYP
SC-1 NEUTRAL COLOR
SMOOTH STUCCO FINISH
B-1 CMU LIGHT BRICK FINISH TYP
B-2 CMU DARK BRICK AT
EXTERIOR PLANTERS, TYP.
R-2 STANDING SEAM METAL ROOF
WD-1 AT UNDERSIDE OF EXTERIOR
ROOF OVERHANG
SC-2 GREY COLOR SMOOTH
STUCCO FINISH
PT-1 EXTERIOR FACIA
FINISH COLOR TO MATCH
MULLIONS TYP
SC-1 NEUTRAL COLOR
SMOOTH STUCCO FINISH
EXTERIOR WET LISTED DECORATIVE WALL SCONCE, TYP
R-1 AT FLAT ROOF
STRUCTURES, TYP.
ST-2 AT UNDERSIDE OF
FLAT ROOF, TYP
B-1 CMU LIGHT
BRICK FINISH TYP.-47-
SCALE
1/8" = 1'-0"2EAST PATIO ELEVATION
SCALE
1/8" = 1'-0"3SCALE
1/8" = 1'-0"9WEST PATIO ELEVATION
SCALE
1/8" = 1'-0"1SOUTH PATIO ELEVATION
NOT USED
NORTH PATIO ELEVATION
D D.1
D.1
B.1
3 1.2
A.2
51 H J
6 1
L J H
TOP PLATE
+22'-10"
+15'-0"
+12'-0"
FIRST FLOOR
+0'-0"
TOP PLATE
TOP PLATE
TOP OF RIDGE
+23'-10"
+16'-0"
+15'-0"
FINISH GRADE
+0'-0"
TOP PLATE
TOP OF ROOF
+22'-10"
TOP PLATE
1.3 TYP.
TOP PLATE
+22'-10"
+15'-0"
+12'-0"
FINISH GRADE
+0'-0"
TOP PLATE
TOP PLATE+16'-0"
+15'-0"
FINISH GRADE
+0'-0"
TOP PLATE
TOP OF ROOF
+22'-1 3/4"
PITCH HEIGHT
KITCHEN
400
TEEN
CENTER
600
SC-2 GREY COLOR SMOOTH STUCCO FINISH
COMMON
AREA
201
WD-1 AT UNDERSIDE
OF EXTERIOR ROOF
OVERHANG
PT-1 EXPOSED STRUCTURE PAINTED TO MATCH MULLION
WD-1 AT UNDERSIDE OF
EXTERIOR ROOF OVERHANG
SC-1 NEUTRAL COLOR
SMOOTH STUCCO FINISH.1'-6"SC-2 GREY COLOR SMOOTH
STUCCO FINISH AT FIREPLACE
TEEN
CENTER
600 4'-6"1'-6"PATIO
STORAGE
501
SC-2 GREY COLOR
SMOOTH STUCCO FINISH
TL-3 WALL FINISH
TL-3 FINISH AT
FIREPLACE LEDGE
SC-2 GREY COLOR SMOOTH STUCCO FINISH
SC-1 NEUTRAL COLOR SMOOTH STUCCO FINISH.1'-6"1'-1 1/2"1'-10"17'-0 1/2" COMMON
AREA
201
WD-1 AT UNDERSIDE OF EXTERIOR ROOF OVERHANG
ST-1 COUNTER AT
KITCHEN WINDOW
WD-2 EXTERIOR
RATED ACCENT
WOOD PLANKING
SC-2 GREY COLOR SMOOTH STUCCO FINISH
WD-2 EXTERIOR RATED ACCENT WOOD PLANK
1'-0"-48-
DOOR SCHEDULE
A.2 B
D.1
1 B.1
A A.1
D
2 DOOOR TYPES
1.2 1.1
C
SINGLE TEMP. GLASS DOOR
WITH ALUMINUM FRAME
DOUBLE TEMP. GLASS DOOR
WITH ALUMINUM FRAME
SINGLE TEMP. GLASS DOOR
WITH ALUMINUM FRAME AND
SIDELIGHT
SINGLE HOLLOW METAL
DOOR WITH ALUMINUM
FRAME
DOUBLE HOLLOW METAL
DOOR WITH ALUMINUM
FRAME
SINGLE HOLLOW METAL,
FLOOR TO CEILING DOOR
3-PANEL STACKABLE
SLIDING TEMP. GLASS DOOR
3-PANEL POCKETING
SLIDING TEMP GLASS DOOR
INTERIOR SINGLE TEMP.
GLASS WITH ALUMINUM
FRAME
EXTERIOR SINGLE TEMP.
GLASS WITH ALUMINUM
FRAME
EXTERIOR SINGLE TEMP.
GLASS WITH ALUMINUM
FRAME
EXTERIOR STOREFRONT
TEMP. GLASS SYSTEM
WITH ALUMINUM FRAME
EQ.10"EQ.
WINDOW SCHEDULE
WINDOW TYPES SCALE 2N/A
SCALE 12N/A
SCALE 9N/A
SCALE 3N/A2'-6"5'-8"2'-6"1.3
EXTERIOR SINGLE TEMP.
GLASS WITH ALUMINUM
FRAMEEQ.EQ.3
OPERABLE SLIDER
TEMP. GLASS WITH
ALUMINUM FRAME
1.4 EXTERIOR SINGLE TEMP.
GLASS WITH ALUMINUM
FRAME10"2.1
INTERIOR STOREFRONT
5'-0"5'-0"6'-0"2'-65'-8"5'-0"8'-1 1/2"21'-6 3/4"22'-10"2'-6"6'-0"5'-0"7'-7 1/2"21'-5"2'-6"3'-0"2'-6"4'-11"7'-8 1/2"5'-10 1/2"12'-11 1/4"3.1
OPERABLE SLIDER
TEMP. GLASS WITH
ALUMINUM FRAME
4 SINGLE HUNG EXTERIOR
TEMP. GLASS WITH
ALUMINUM FRAME5'-2"10"22'-10"-49-
NCA Studio Inc.
323.638.2344
www.NCAstudio.com
[email protected]
Pretty Smart
562.343.2491
www.pretty-smart.net
[email protected]
Bellfl ower Youth & Senior Center Design Project
Exhibit B: Consultant Proposals
Date: August 24, 2021
Includes:
• Structural Engineering
• Civil Engineering
• Mechanical, Electrical, Plumbing Engineering
• AV/ IT Engineering
• Landscape Architect
• Signage
• Cost Estimator
• Surveyor
-50-
Pa g e 1 of 8 3 19 Ma in Stre e t
E l Se gu n do , C a lif o rn ia 90 24 5
(31 0 ) 5 14 7 54 8
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
August 20, 2021
Ms. Nicol Cannon
Principal | AIA | Leed GA
NICOLE CANNON
ARCHITECTURE + PROJECT MANAGEMENT
923 E. 3rd STREET #108 LOS ANGELES CA 90013
Subject: Bellflower Teen and Senior Center
9402 Oak St. Bellflower, CA 90706
Structural Engineering Scope of Work
We are pleased to present our scope of work to provide professional services for the Structural Engineering Design of the subject project.
Project Description
Per schematic drawings and renderings prepared by Pretty/Smart design firm dated 02.27.2020, the project consists in a one story Community Center on grade. The program features Common Areas, a kitchen, offices, restrooms, storage areas, and an open Patio. The total gross square footage is about 11,800 sf.
The roof comprises a combination of flat and gabled roofs, articulated in multiple planes to follow the floor plan and the program.
The construction is Type VA. The design features combination of different construction materials, including wood, exposed glulam or timber, CMU, Concrete, etc.
Tall spaces with full height windows are anticipated at the Common area.
Per correspondence and communications with NCA, the project is currently being relocated in an adjacent lot to the lot shown on Pretty Smart Studio schematic drawings.
Project Scope
The scope of work per this proposal includes:
1. Develop construction plans and details in AutoCAD of the structural elements including gravity load resisting system, lateral force resisting system and associated foundations for wind and earthquake forces.
2. Develop structural calculations necessary for proper structural design and submittal to the Department of Building and Safety.
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
3. Assist the Client in obtaining plan check approval for the structural portion of the work. Provide structural corrections and clarifications as required by the City.
4. Provide construction observations at appropriate stages of construction to determine whether construction is proceeding in accordance with the Structural Construction Documents.
5. Render interpretations of the construction documents including the issuance of clarification drawings if required for the proper execution of the work.
6. Review submittals by the contractor for conformance with the construction documents including shop drawings, product submittal, concrete mix designs, etc.
Phases
Schematic Design / Design Development Phase
1. Develop initial design parameters with the Architect based upon the approved concept design.
2. Prepare design drawings and other documents as required describing the structural systems, materials, and design intent as delineated by the Architect and other such elements, as may be appropriate.
3. Participate in the selection of the structural system to be implemented and assist the architect in coordination with other related consultants.
4. Review the geotechnical report for structural concerns relative to the recommended foundation systems.
5. Prepare Design Development level plans in Revit of the structural system showing foundations, framing and preliminary design of special conditions and systems including materials, gross sizes, critical details, coordination clearances and basic dimensions.
6. Participate in project work sessions that might be required (2 sessions).
7. Cooperate with the Client, Architect, and General Contractor in their preparation of cost estimates.
8. Review the Design Development drawings prepared by other consultants and prepare a list of design concerns and considerations related to structural engineering.
Construction Document Phase
1. Develop initial design parameters with the Project Architect based upon the approved concept design.
2. Participate in the selection of the structural system to be implemented and assist the Project Architect in coordination with other related consultants. -52-
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
3. Structural drawings and calculations shall be “signed and sealed” as required by the Department of Building and Safety in order to obtain a building permit.
4. Prepare construction documents necessary to convey the design that shall be used for bidding and construction. Documents shall include detailing of structural elements and their connections.
5. Provide necessary criteria and other information needed for the design and installation of pre- engineered elements by others, including curtain walls, metal stairs, etc.
6. Indicate on the drawings design criteria such as live and superimposed dead loads, material strengths, and basic structural code requirements.
7. Assist the Project Architect in coordination with the project’s consultants relative to structural impacts to their work.
8. Produce, as required by local jurisdictional authorities, structural calculations in order to facilitate review of the documents for permit.
9. Assist the Project Architect in specifying the scope, standards and frequency of required testing and inspection services by independent agencies for structural items during construction.
10. Cooperate with the Client, Project Architect, and General Contractor in their preparation of cost estimates.
11. Assist the Client in obtaining plan check approval for the structural portion of the work. Provide structural corrections and clarifications as required by the City.
Construction Administration Phase
1. Visit the site at intervals appropriate to the stage of construction, milestones or as otherwise agreed by the Client, to become familiar with the progress of the work and to determine whether construction is generally proceeding in accordance with the Structural Construction Documents. A written report of the findings of the Structural Engineer shall be prepared at the conclusion of each site visit and be forwarded to the Client and Architect.
2. Complete structural observation reports as required by the City.
3. Attend construction meeting with Client, Architect & Contractor.
4. Respond to structural “Requests for Information” with the Contractor, through the Architect.
5. Advise and consult with the Client, Architect and other consultants during the Construction Administration phase.
6. Review submittals and structural shop drawings for off-site pre-fabricated structural elements.
Exclusions
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
1. Temporary Shoring Design services.
2. Civil Engineering Design services.
3. Revit modeling (can be provided as an Add/Alternate if desired).
4. No Soils report was available for our review. Shallow foundations are assumed. Pile or mat foundation designs are excluded.
5. Design and anchorage of glazing, skylights, storefront, rain screens, and stone systems.
6. Design and detailing of non-structural / ornamental architectural elements.
7. Seismic anchorage / bracing of MEP equipment & infrastructure (Chillers, ducts, pipes, conduit, etc.)
8. Site scope such as site walls and retaining walls (not attached to structure), water features, signage etc. (this exclusion does not apply, and site walls will be included in scope of work, if LFA Civil is also retained for this project)
9. Vibration / Acoustic Engineering.
10. Revisions to the structural systems due to Value Engineering beyond design development level of completion.
11. Peer Review.
12. Phasing of the project or multiple submittals except as noted herein.
13. As-Built Structural Drawings.
14. Submittal of the structural package to the City departments. This is typically handled by the Project Architect or Expeditor.
15. Commercial TI design.
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
Design Fee
We propose to provide the services described above thru permitting, for a lump-sum-fee as outlined below, plus customarily reimbursed expenses in accordance with our General Terms of Agreement, a copy of which is attached for your review.
Phase Fee
SD/DD $22,000
Construction Documents $14,000
Total $36,000
Construction Administration Fee
Construction Administration will be billed at reduced hourly rate of $150 with a Not To Exceed of $7,500 without prior written approval from Client. Site Meetings and structural observations, if requested by Client or Contractor, will be billed at a reduced hourly rate of $150 per hour, including travel time.
Additional services, including additional meetings over what is included above, will be based on the following hourly rates which are valid for 365 days from the date of this proposal:
Draftsperson: $125.00 Project Manager: $195.00
Project Engineer: $175.00 Principal Engineer: $250.00
We welcome the opportunity to work with you on this project. If this proposal is acceptable to you, please sign and mail back along with $6,000 retainer check. Retainer will be applied towards CD ($4,000) & CA ($2,000) phases of project. If you have any questions, please do not hesitate to call us.
Sincerely,
John Labib + Associates Authorized to Proceed
Fabio Zangoli, S.E.
Principal
This proposal is open for acceptance for 30 days from the date above. -55-
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
TERMS AND CONDITIONS
Effective 11/01/2019
1. REIMBURSABLE EXPENSES
Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 15%. These expenses include such items as out-of-town travel expenses, use of personal and rental cars, special fees and permits, premiums for additional or special insurance where required, mailing, copying & printing expenses, etc.
2. SERVICES BY OTHERS
When considered necessary, other technical firms or outside consultants may be used with your approval and the cost of such s ervices, plus ten percent (10%), will be included in our invoice. Unless specifically agreed to in writing, JLA has retained no consultants for this project.
3. ACCESS TO SITE
Unless otherwise stated, JLA will have access to the site for activities necessary for the performance of the services.
4. INSURANCE LIMITS
Insurance limits are as follows: General Liability $1,000,000 each occurrence & $2,000,000 aggregate, Professional Liability $1,000,000 each occurrence & $1,000,000 aggregate. Workman’s Comp $1,000,000.
5. PAYMENTS TO ENGINEER
Invoices will be submitted monthly for the prior month's services unless specified otherwise on Contract. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non-payment, JLA may, without waiving any of the claims or rights against you, and without liability whatsoever to you, terminate performance of the services. A late charge will be added to delinquent amounts at the rate of one-and-one-half percent (1-1/2%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located, and if so exceeding, th e interest rate shall be the maximum amount allowable in that state). All attorney’s fees and expert fees, JLA’s time, and costs shall be paid by the Client. Payment to JLA shall not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from oth er parties caused additional services or expenses. No withholding, deductions or offsets shall be made from JLA’s compensation for any reason unless JLA has been found to be legally liable for such amounts. Payment of JLA’s fees shall be a condition precedent to bringing any action or suit against JLA.
6. STANDARD OF CARE
JLA’s services shall be provided consistent with and limited to the standard of care applicable to such services, which is that JLA shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. Such standard of care is not a warranty or guarantee and JLA shall have no such obligation. Accordingly, Client should prepare and plan for clarifications and modifications which may impact both the cost and schedule of the Project.
7. SCHEDULES & BUDGETS
Any schedules or completion dates, budgets, or estimates of cost prepared by JLA represent JLA’s professional jud gment based on its experience and available information. Since neither JLA nor Client has control over the cost of labor, materials, or equipmen t, or contractor’s methods of determining prices, or over competitive bidding or market conditions, JLA cannot and does not warrant or represent that actual schedules, budgets or completion dates or actual costs will not vary from schedules or completion dates, budgets, or estimate s of cost prepared by JLA or proposed, established, or approved by Client.
8. OTHER PROVISIONS
It is understood that JLA will not provide design and construction review services relating to safety precautions, means, met hods, techniques or sequences of any contractor or subcontractor on the project. Further, it is understood that JLA will not provide any supervisory services relating to the construction of the project.
In recognition of the relative risks, rewards and benefits of the project to both the client and JLA, the risks have been all ocated so that the client agrees that, to the fullest extent permitted by law, JLA’s total liability to the client, for any and all injuries, claims, losses, expenses, attorney’s fees and expert fees, damages or claim expenses arising out of this agreement, from any cause or causes, shall be limited to JLA’s fee.
Such causes include, but are not limited to, JLA’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
Client intends that JLA’s involvement with the project shall not subject the individuals affiliate d with JLA or its subconsultants to personal exposure for the risk attendant to that involvement. Therefore, any remedies of Client and Client’s related business entities concerning services performed pursuant to the obligations imposed by this agreement shall be sought against JLA and/or its subconsultants, if any, and any related business entities, and in no event shall damages or indemnification concerning this agreement and/or project ever be sought against JLA’s principals, shareholders, employees and other affiliated individuals, regardless of the kind and cause of loss involved.
Any revisions to the structural system due to Value Engineering or a Peer Review are not included in the basic services & wil l be charged as additional services.
If project is stopped for more than a 3 month period due to any reasons, a restart fee of $3,000.00 will apply. Project will be designed & submitted to Plan Check to the Governing Authority in one Phase & in one unique submittal. Additional submittals to the Governing Authority due to Project Phasing will be charged as additional services based on hourly rates.
Either party to this Agreement may not assign its rights hereunder without the prior written consent of the other party. Nothing contained in this agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Cl ient or Consultant. -56-
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
9. TERMINATION
This agreement may be terminated by either party by seven (7) days' written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this agreement is terminated, JLA shall be paid for services performed to the termination notice date, including reimbursable expen ses due. If JLA for any reason does not complete all the services contemplated by this agreement, JLA cannot be responsible for the accuracy, completeness or workability of the contract docum ents prepared by JLA if used, modified or completed by another party or the Client. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold JLA harmless from any claim, liability or cost (including reasonable attorneys’ fees and defense c osts) for injury or loss arising or allegedly arising from such reuse, modification or completion made by any party to any contract documents prepared by JLA.
If Client sells the Project, Client shall obtain from buyer an agreement, for the benefit of Consultant, which guarantees tha t the release and indemnification of Consultant will be honored by buyer and any subsequent buyer. These provisions shall survive the terminati on of this Agreement; and in the event that any portion of these provisions shall be prohibited by law, then these provis ions shall not be void, but rather shall be interpreted as applying only to fullest extent allowed by law.
10. OWNERSHIP OF DOCUMENTS
The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of JLA, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by ag reement in writing and with appropriate compensation to JLA. Reuse or modification of the project documents by Client, shall be at Client’s sole risk and Client agrees to indemnify, defend and hold JLA harmless from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by Client or by others acting through Client. If this agreement is terminated as discussed in Item 9 above, the Client shall pay a licensing fee as compensation of $10,000 for the Client’s continued use of JLA’s Instruments of Service solely for purposes of completing, using, and maintaining the Project.
11. VENUE
This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The venue of any ac tion brought to interpret or enforce any of the terms of this agreement or otherwise adjudicate the rights or l iabilities of the parties hereto shall be in Los Angeles County, California.
12. BANKRUPTCY
Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pu rsuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) d ays of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court. If the suspension of performance of Consultant's obligation pursuant to this agreement continues for a period in excess of ninety (90) days, Consultant shall have the right to terminate all services pursuant to this agreement.
13. LIEN RIGHTS
This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the pr esent name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary no tice.
14. THIRD PARTY LENDERS
If payment for Consultant's services is to be made on behalf of Client by a third-party lender, Client agrees that Consultant shall not be required to indemnify the third-party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services.
15. ADDITIONAL AGREEMENTS/GUARANTEES
The Consultant shall not be required to execute any documents subsequent to the signing of this Agreement that in any way mig ht, in the judgment of the Consultant, increase the Consultant's contractual or legal obligations or risk, or adversely affect the availability or cost of its professional or general liability insurance. Nor shall Consultant be required to sign any documents, requested by any party, including Client, that would result in the Consultant's having to certify, guarantee, warrant or state the existence of conditions whose existence the Consultant cannot ascertain. The Client also agrees not to make resolution of any dispute with the Consultant or payment of any money due to the Consultant, in any way contingent upon the Consultant's signing any such certification, guarantee, warranty or statement.
16. CONDOMINIUMS AND FUTURE CONVERSION TO CONDOMINIUMS
If Condominiums, or future conversions to Condominiums are proposed, undersigned shall provide JLA with proof of Owner purchased insurance plan for Condominiums naming JLA as insured for errors and omissions and general liability. Owner purchased insuran ce plan shall preempt and take effect prior to insurance provided by JLA. Owner to be responsible for each and every deductible regardless of allegations made against JLA. Insurance shall remain in force for 10 years after substantial completion.
CONDO CONVERSION: In the event that Owner or Owner’s successor in interest or assigns converts or allows the conversion of the Project from an apartment project, as presently contemplated by the parties, to a project involving residential condominium o wnership, then the other provisions of this Agreement notwithstanding, JLA shall be released and indemnified by Owner from any damages or claims arising from or as a result of the conversion process which are brought by a unit owner or the unit owners’ association. JLA shall no t be released or -57-
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Labib Funk + Associates
Structural | Civil Engineers
Burnett and Young
Shoring Engineers
indemnified, however, from (1) damages or claims arising prior to the commencement of the conversion of the Project. Owner will be released from the conversion obligations if (a) Owner does not convert the Project for a period of ten (10) years following s ubstantial completion of the original construction of the Project; or (b) prior to the conversion process, Owner purchases and maintains Projec t specific professional liability insurance coverage with policy coverage’s equal to the amounts required in the JLA contract for the benefit of JLA; or (c) if Owner sells the Project, Owner obtains from buyer an agreement, for the benefit of JLA, which guarantees the release and inde mnification of JLA will be honored by buyer and any subsequent buyer. These provisions shall survive t he termination of this Agreement; and in the event that any portion of these provisions shall be prohibited by law, then these provisions shall not be void, but rather shall be inte rpreted as applying only to fullest extent allowed by law.
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August 23, 2021
Nicole Cannon
Architecture + project management
923 E 3rd St #108
Los Angeles CA 90013
Subject: Bellflower Teen and Senior Center
9402 Oak St., Bellflower, CA 90706
Civil Engineering Scope of Work
We appreciate the opportunity to provide our proposal for the civil engineering services for the project at 9402 Oak St., in Bellflower, CA. Based on the drawings and renderings prepared by Pretty/Smart design firm dated 02.27.2020, which we received on 07.17.21, we propose to perform consulting civil engineering services as follows:
Project Description
1. The project consists in a one-story Community Center on grade. The program features common areas, a kitchen, offices, restrooms, storage areas, and an open patio. The total gross square footage is about 11,800 SF.
2. The project includes expansion of the parking lot to the east to provide make-up spaces for those lost due to the new building. (Additional grading and drainage design for parking lot expansion included as separate fee)
Project Scope
Civil Engineering Plans
1. Erosion Control Plan
Prepare and Erosion Control Plan detailing the appropriate Best Management Practices (BMPs) to be implemented during construction to reduce erosion from construction activities. The Erosion Control Plan will be prepared at a minimum 1”=20’ scale with attached details as required.
2. Grading and Drainage Plans
Prepare Rough Grading, Fine Grading and Drainage Plans for the new building and site improvements to local jurisdictional standards. Grading and drainage plans will be prepared at 1”=10’ scale with attached details as required. Details will be provided for asphalt paving, concrete paving and concrete curb and gutter within the site. Earthwork calculations will be prepared for cut and fill estimates for permitting purposes only.
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3. Water Quality Management Plan (WQMP)
Prepare stormwater mitigation plans, calculations and reports as required to meet the local jurisdictional requirements.
4. Utility Plan
Prepare a Utility Plan for site sanitary sewer, domestic water and fire water piping from connections to the public main service to a point of connection to the building plumbing piping 5 feet outside the building. Utilities by others (electrical, telecom, gas, etc.) will be shown for location purposes. Utility plan will be prepared at 1”=10’ scale with attached details as required.
Phases
Schematic Design / Design Development Phase
1. Review the project survey and geotechnical report and advise client on impacts to civil systems.
2. Obtain available as-builts of existing public utility infrastructure and review for potential impacts to the proposed design.
3. Consult with Public Agencies to determine civil engineering permitting requirements.
4. Coordinate with the Architect to determine site grading scheme.
5. Coordinate with project team to determine storm water mitigation strategy.
6. Coordinate with the Architect and Plumbing engineer to determine utility points of connection to the building.
7. Consult with utility purveyors to determine service connection locations and requirements (sanitary sewer, domestic and fire water only).
8. Prepare Design Development Level Fine Grading, Rough Grading, and Storm Water Mitigation plans in AutoCAD.
9. Participate in project virtual work sessions that might be required.
10. Cooperate with the Owner, Architect, and General Contractor in their preparation of cost estimates.
11. Review the Design Development drawings prepared by other consultants and prepare a list of design concerns and considerations related to civil engineering.
Construction Document Phase
1. Prepare Civil Engineering Construction Document Plans including Erosion Control, Fine and Rough Grading, Drainage, Storm Water Mitigation, Utility and all required notes and associated details as defined above.
2. Prepare project specifications for the civil systems as required.
3. Civil drawings and calculations shall be “signed and sealed” as required by the permitting agency in order to obtain a building permit.
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4. Assist the architect in coordination with the project’s consultants relative to civil impacts to their work.
5. Produce, as required by local jurisdictional authorities, hydrology calculations in order to facilitate review of the documents for permit.
6. Participate in project virtual work sessions as required.
7. Assist the Client in obtaining plan check approval for the civil portion of the work.
8. Respond to comments on the civil documents as required.
9. Meet with the plan reviewing agency, as required, to facilitate the plan check process.
Construction Administration Phase
1. Visit the site at intervals appropriate to the stage of construction, milestones or as otherwise agreed by the Owner, to become familiar with the progress of the work and to determine whether construction is generally proceeding in accordance with the Civil Construction Documents.
2. Complete storm water observation report as required by the City.
3. Respond to civil “Requests for Information” with the Contractor, through the Designer.
4. Advise and consult with the Owner, Designer, and other consultants during the Construction Administration phase.
5. Review submittals for conformance with the civil design.
Assumptions
1. A site plan will be prepared by the Architect and provided to LFA in AutoCAD format.
2. A fully detailed, ground-edited topographic and boundary survey will be provided to LFA in AutoCAD format.
3. The Architect will obtain required fire department approvals of the site plan.
4. The design team will work together to address the local storm water mitigation requirements early in the project development phase. Due to these requirements, a portion of the site may need to be allocated for storm water management features.
5. A Geotechnical report including recommendations for grading, paving, and storm water infiltration, will be provided for our use.
6. The existing municipal utilities are sufficient to support the proposed improvements.
7. Off-site improvements are limited to driveway apron removal/construction and utility connections only. It is assumed that the existing curb, gutter, and sidewalk are to remain.
8. The project is not a multi-phased project. One set of construction documents will be prepared for permit and construction.
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9. We assume all plan submittal and permit clearance processing, unless specifically noted in this proposal, will be completed by the project expeditor.
10. Revisions to the civil plans after RTI are not included and will be billed at the hourly rates below.
Exclusions
1. New Storm drainage connections and/or sump pump design.
2. Dry Utility Consulting, including coordination with the local power, gas and telecom companies for new services or work in proximity to their existing facilities.
3. Existing utility capacity studies.
4. Major utility relocations.
5. Traffic engineering services and signage/striping plans.
6. Retaining wall plans.
7. Easement preparation/processing, tract/parcel mapping or lot ties, boundary survey.
8. Street lighting plans.
9. Cost estimates.
10. EIR technical documents or reports.
11. Expediting of civil plans, permits and clearances is not included in the scope of this proposal and can be provided upon client request at the hourly rates below.
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Design Fee
We propose to provide the services described above through permitting, for a lump-sum-fee of $23,000, plus customarily reimbursed expenses in accordance with our General Terms of Agreement, a copy of which is attached for your review.
Phase Fee
SD/DD $9,000
Construction Documents $14,000
Total $23,000
Add-Alternate #1 – Parking Lot Expansion - $6,800
Construction Administration Fee
Construction Administration services including Site Visits and Meetings, if requested by Client or Contractor, will be billed at a reduced hourly rate of $175 per hour, including travel time with a maximum of $4,000 without prior written authorization.
Additional Services
Additional services, additional meetings over what is included above, will be based on the following hourly rates which are valid for 365 days from the date of this proposal:
Draftsperson: $145.00 Project Manager: $215.00
Project Engineer: $185.00 Principal Engineer: $275.00
We welcome the opportunity to work with you on this project. If this proposal is acceptable to you, please sign and mail back along with $4,000 retainer check. Retainer will be applied towards CD ($3,000) & CA ($1,000) phases of project. If you have any questions, please do not hesitate to call us.
Sincerely,
Labib Funk + Associates Authorized to Proceed
Frank LaRocca, P.E.
Principal
This proposal is open for acceptance for 30 days from the date above. -63-
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TERMS AND CONDITIONS
Effective 11/01/2020
1. REIMBURSABLE EXPENSES
Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 15%. These expenses include such items as out-of-town travel expenses, use of personal and rental cars, special fees and permits, premiums for additional or special insurance where required, mailing, copying & printing expenses, etc.
2. SERVICES BY OTHERS
When considered necessary, other technical firms or outside consultants may be used with your approval and the cost of such services, plus ten percent (10%), will be included in our invoice. Unless specifically agreed to in writing, LFA has retained no consultants for this project.
3. ACCESS TO SITE
Unless otherwise stated, LFA will have access to the site for activities necessary for the performance of the services.
4. INSURANCE LIMITS
Insurance limits are as follows: General Liability $1,000,000 each occurrence & $2,000,000 aggregate, Professional Liability $1,000,000 each occurrence & $1,000,000 aggregate. Workman’s Comp $1,000,000.
5. PAYMENTS TO ENGINEER
Invoices will be submitted monthly for the prior month's services unless specified otherwise on Contract. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non-payment, LFA may, without waiving any of the claims or rights against you, and without liability whatsoever to you, terminate performance of the services. A late charge will be added to delinquent amounts at the rate of one-and-one-half percent (1-1/2%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be the maximum amount allowable in that state). All attorney’s fees and expert fees, LFA’s time, and costs shall be paid by the Client. Payment to LFA shall not be withheld, postponed, or made contingent on the construction, completion, or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties caused additional services or expenses. No withholding, deductions or offsets shall be made from LFA’s compensation for any reason unless LFA has been found to be legally liable for such amounts. Payment of LFA’s fees shall be a condition precedent to bringing any action or suit against LFA.
6. STANDARD OF CARE
LFA’s services shall be provided consistent with and limited to the standard of care applicable to such services, which is that LFA shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. Such standard of care is not a warranty or guarantee and LFA shall have no such obligation. Accordingly, Client should prepare and plan for clarifications and modifications which may impact both the cost and schedule of the Project.
7. SCHEDULES & BUDGETS
Any schedules or completion dates, budgets, or estimates of cost prepared by LFA represent LFA’s professional judgment based on its experience and available information. Since neither LFA nor Client has control over the cost of labor, materials, or equipment, or contractor’s methods of determining prices, or over competitive bidding or market conditions, LFA cannot and does not warrant or represent that actual schedules, budgets or completion dates or actual costs will not vary from schedules or completion dates, budgets, or estimates of cost prepared by LFA or proposed, established, or approved by Client.
8. OTHER PROVISIONS
It is understood that LFA will not provide design and construction review services relating to safety precautions, means, methods, techniques or sequences of any contractor or subcontractor on the project. Further, it is understood that LFA will not provide any supervisory services relating to the construction of the project.
In recognition of the relative risks, rewards, and benefits of the project to both the client and LFA, the risks have been allocated so that the client agrees that, to the fullest extent permitted by law, LFA’s total liability to the client, for any and all injuries, claims, losses, expenses, attorney’s fees and expert fees, damages or claim expenses arising out of this agreement, from any cause or causes, shall be limited to LFA’s fee. Such causes include, but are not limited to, LFA’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
Client intends that LFA’s involvement with the project shall not subject the individuals affiliated with LFA or its subconsultants to personal exposure for the risk attendant to that involvement. Therefore, any remedies of Client and Client’s related business entities concerning services performed pursuant to the obligations imposed by this agreement shall be sought against LFA and/or its subconsultants, if any, and any related business entities, and in no event shall damages or indemnification concerning this agreement and/or project ever be sought against LFA’s principals, shareholders, employees, and other affiliated individuals, regardless of the kind and cause of loss involved.
Any revisions to the structural system due to Value Engineering or a Peer Review are not included in the basic services & will be charged as additional services.
If project is stopped for more than a 3-month period due to any reasons, a restart fee of $4,000.00 will apply. Project will be designed & submitted to Plan Check to the Governing Authority in ONE Phase & in ONE unique submittal. Additional submittals to the Governing Authority due to Project Phasing will be charged as additional services based on hourly rates.
Either party to this Agreement may not assign its rights hereunder without the prior written consent of the other party. Nothing contained in this agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Client or Consultant. -64-
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9. TERMINATION
This agreement may be terminated by either party by seven (7) days' written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this agreement is terminated, LFA shall be paid for services performed to the termination notice date, including reimbursable expenses due. If LFA for any reason does not complete all the services contemplated by this agreement, LFA cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by LFA if used, modified, or completed by another party or the Client. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold LFA harmless from any claim, liability, or cost (including reasonable attorneys’ fees and defense costs) for injury or loss arising or allegedly arising from such reuse, modification or completion made by any party to any contract documents prepared by LFA.
If Client sells the Project, Client shall obtain from buyer an agreement, for the benefit of Consultant, which guarantees that the release and indemnification of Consultant will be honored by buyer and any subsequent buyer. These provisions shall survive the termination of this Agreement; and in the event that any portion of these provisions shall be prohibited by law, then these provisions shall not be void, but rather shall be interpreted as applying only to fullest extent allowed by law.
10. OWNERSHIP OF DOCUMENTS
The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of LFA, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing and with appropriate compensation to LFA. Reuse or modification of the project documents by Client, shall be at Client’s sole risk and Client agrees to indemnify, defend, and hold LFA harmless from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by Client or by others acting through Client. If this agreement is terminated as discussed in Item 9 above, the Client shall pay a licensing fee as compensation of $5,000 for the Client’s continued use of LFA’s Instruments of Service solely for purposes of completing, using, and maintaining the Project.
11. VENUE
Labib Funk + Associates (LFA) is a DBA of John Labib Structural Engineers, LLP.
This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The venue of any action brought to interpret or enforce any of the terms of this agreement or otherwise adjudicate the rights or liabilities of the parties hereto shall be in Los Angeles County, California.
12. BANKRUPTCY
Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court. If the suspension of performance of Consultant's obligation pursuant to this agreement continues for a period in excess of ninety (90) days, Consultant shall have the right to terminate all services pursuant to this agreement.
13. LIEN RIGHTS
This agreement shall not be construed to alter, affect, or waive any design professional's lien, mechanic's lien or stop notice right which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the present name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
14. THIRD PARTY LENDERS
If payment for Consultant's services is to be made on behalf of Client by a third-party lender, Client agrees that Consultant shall not be required to indemnify the third-party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services.
15. ADDITIONAL AGREEMENTS/GUARANTEES
The Consultant shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Consultant, increase the Consultant's contractual or legal obligations or risk, or adversely affect the availability or cost of its professional or general liability insurance. Nor shall Consultant be required to sign any documents, requested by any party, including Client, that would result in the Consultant's having to certify, guarantee, warrant or state the existence of conditions whose existence the Consultant cannot ascertain. The Client also agrees not to make resolution of any dispute with the Consultant or payment of any money due to the Consultant, in any way contingent upon the Consultant's signing any such certification, guarantee, warranty or statement.
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277 South Lake Street ● Burbank ● CA 91502
July 26, 2021
Ms. Nicole Cannon
NCA Studio
923 E 3rd Street #108
Los Angeles, CA 90013
Email: [email protected]
RE: Bellflower Community Center
MEP Proposal
Dear Nicole,
Thank you for soliciting this proposal for MEP Engineering services for Bellflower Community Center. This proposal is based on your request for proposal received via email on 7/17/2021 and is all inclusive for all design phases as well as construction Administration. for concept design and schematic design phases. Attached is our proposal and scope of work for this exciting project.
As an FYI, we are currently working on the SELA Community Cultural Center in South Gate.
We thank you for the opportunity to join your team. I am available to discuss this at your convenience.
Very truly yours,
ARC Engineering, Inc.
Muhannad Abdulhamid, P.E.
Principal
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MEP PROPOSAL
BELLFLOWER COMMUNITY CENTER
BELLFLOWER, CA
Our Proposal is detailed as follows:
1. SCOPE OF WORK
1.1 We understand the scope of the project is a development of approximately 11,150 gross square feet, in one building along with minor site modification. All existing site parking will remain as is and is not part of this scope of work.
1.2 The proposal is based on request for proposal via email dated July 17,2021 and initial concept design drawings prepared by Pretty Smart Architects dated s Partners RFP dated February 27, 2020.
1.3 The scope of work is for built to suit with preparation of project documents for Shell and Core separate from Interior Fit-Out. The preliminary building program includes the following:
A. Community Facilities for Teen and Senior Center ~11,150 GSF B. Minor site work adjacent to the building including adjacent parking stalls with EV chargers
1.4 Our proposal includes designing all MEP utilities including gas, electrical and providing loads and coordinating all other plumbing utilities with civil to ensure appropriate design and connection points for sanitary, water, fire water and storm drain.
1.5 Building Lighting design is by either lighting designer or architect. We will provide circuiting and controls to these lights as designed by others. We will provide layout and design of lighting for back of house areas such as MEP and Storage rooms as well as loading area (with guidance from architect). We will also show egress lighting and provide Title 24 required calculations and controls .
1.6 Site drainage is by civil.
1.7 Site demo is by others.
1.8 Fire Sprinkler and Alarm systems will be design built based on performance specifications by us.
We will provide specifications and show main risers, mains and loops on the plans. We will also review submittals and shop drawings provided by design build contractor.
1.9 Information Technology (IT), Audio/Visual systems, Security will not be part of our scope of work. We will coordinate and provide infrastructure (power, conduit, controls and HVAC) to these systems as designed by others.
1.10 Coordinate all work with Architect, Structural, Acoustical, Civil, Façade engineers, A/V, Lighting, IT, Code and Security consultants.
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1.11 Project schedule is defined as follows:
Feasibility/Concept Design 1 month duration
Schematic/ Design Development 2-month duration
Construction Documents 6-month duration
Plan Check 4-month duration
Bid 2-month duration
Construction Administration 18-month duration
1.12 For the purposes of this Proposal, the following is assumed:
A. De-watering the site during construction is by others.
B. Timely approvals will be available to facilitate meeting the project’s schedule.
C. Performance of MEP system commissioning for LEED, Cal Green, Title 24 and/or local codes is excluded.
2. SCOPE OF ENGINEERING SERVICES
We will provide our services in accordance with the following phases:
2.1 Feasibility Study
Generally during this phase we will support the efforts of the architect on as needed basis to define big picture utility load requirements, review and study existing site utility distribution and any other site civil and public utility drawings, If needed, assist in any planning effort and attend required meetings with the design team and local authorities and utility companies.
2.2 Concept Design Phase
A. Ongoing meetings with the Design team to understand architectural and structural design concepts. Review architectural design models and drawings along with proposed structural systems.
B. Perform preliminary energy and load calculation including a preliminary energy model to establish mechanical and electrical loads for the project.
C. Study Several mechanical systems options with focus on sustainable and energy efficient systems that might suite the overall project and individual components of the architectural program and structures. Systems will include chilled/condenser water, chilled beams, VRF, natural or forced ventilation scheme where applicable, along with appropriate air side systems to best complement each space’s acoustical criteria.
D. Present studied systems above and prepare preliminary systems description for cost consultant to establish potential MEP/FP budgets. Work with the team to review and comment on conceptual project cost.
E. Coordinate with Code Consultant Fire/Smoke Exhaust performance requirements to incorporate into the overall systems selection/performance criteria. -68-
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F. Develop diagrams, sketches, preliminary equipment selections to illustrate and coordinate systems space and configuration features/requirements.
G. Prepare a narrative MEP/FP systems report/preliminary design criterion to be incorporated as part of the overall project Concept Design deliverable. Coordinate with AV/Security and other specialty consultant to incorporate any infrastructure requirements into our written narrative.
H. Attend meetings in person, video conference, etc. as needed to ensure proper coordination and progress of design concepts.
I. Participate in client design presentations to convey systems options, benefits and operational features.
2.3 Schematic Design Phase
The results of the Schematic Design Phase should be a clear understanding of the requirements from the base building, interior and special areas mechanical/electrical systems. These require ments include both operational aspects and budgetary constraints. Our approach to this effort is carried out in several steps.
A. Sit down with architect and structural team to review the building’s layout, envelope, structure, etc.
B. Define user requirements of MEP systems
This task consists of working with the client and architect to determine the usage of the various planned spaces and to determine what mechanical, electrical and plumbing loads and services such spaces would need.
C. Review architectural documents and program to better understand the project.
D. Study various options and system concepts for MEP systems and how they relate to the building in terms of loads, usage, locations, shafts, etc. And review with client and team to determine option best suited for the project and budget.
E. Run load calculations to study envelope options and types and provide input to architect and team.
F. Work with the team to define space required for MEP systems.
G. Review building envelope and provide preliminary T-24 envelope review for compliance with T-24 requirements.
H. Attend design meetings as required.
I. Continue discussions with utility companies to obtain information and set the process moving early.
J. Start the MEP 3D Model
K. Start energy model.
L. Deliverables include:
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a. Narrative description of proposed Building MEP systems and materials, and outline specifications (i.e. Basis of Design Document).
b. Block MEP equipment layouts (equipment rooms and shafts).
c. Preliminary Electrical single line diagram
d. Preliminary HVAC single line ductwork diagram.
2.4 Design Development Phase
During the design development phase we will provide the following:
A. Review Schematic Design budgets.
B. Review and provide value-engineering recommendations for the mechanical, electrical, sanitary and building management systems if needed based on schematic design package.
C. Drawings showing the size and the location of equipment for the mechanical, electrical, sanitary and building management systems.
D. Attend design meetings as required.
E. Attend LEED meetings.
F. Exchange 3D Model at various stages in DD and start clash detection.
G. Meet with City and authorities to review project and obtain preliminary feedback.
H. Coordinate location of all major elements with architectural, structural and other disciplines, and with existing conditions.
I. Incorporate review comments.
J. Coordinate with the design and construction team and review pricing.
K. Deliverables include:
a. Updated MEP Basis of Design Document.
b. Mechanical, Plumbing and Electrical plans showing equipment rooms, main system elements (including fire alarm/life safety devices) and typical detailed areas.
c. Refined equipment schedules.
d. Refined single line diagrams.
e. Updated HVAC load calculations.
f. Preliminary Title 24 Energy Compliance calculations
g. Outline Specifications
2.5 Construction Documents Phase
During the construction document phase of the project, constant quality control reviews are conducted to ensure that the design intent is being carried out on the drawings and specifications, -70-
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that coordination between trades and among consultants is carried out, and that the systems are being designed in accordance with all codes and authorities having jurisdiction.
During the Construction Documents phase we will provide the following:
A. Complete final sizing and location of equipment for the mechanical, electrical, sanitary and building management systems.
1) Power for systems designed by others including decorative and public area lighting and signage, food services, interior design, telecommunications, audio/visual, security and fire protection and fire alarm systems, etc. 2) Location of all outlets and point utility requirements to be detailed on drawings by others, these drawings being provided to the Engineer to allow Engineer to transfer/incorporate these requirements onto the electrical contract documents.
B. Indicate on drawings the location and size of equipment, as well as main trunks and branches serving the mechanical, electrical, sanitary and building management systems.
C. Coordinate all work with all other project team members and consultants (e.g. IT, A/V, code, security, architectural, structural, civil, lighting, landscape and acoustical).
D. Prepare final specifications to indicate the quality and types of devices and equipment to be used for the mechanical, electrical, plumbing and building management systems.
E. Exchange 3D model at various stages.
F. Perform detailed clash detection internally and with the overall design team.
G. Incorporate review comments.
H. Attend design meetings as required.
I. Attend VE meetings as required.
J. Preparation of filing forms and drawings for filing with authorities having jurisdiction.
K. Submit to plan check and obtain plan check approval including responding to plan check comments.
L. Assist in the identification of preferred sub-contractors that qualify to bid.
2.6 Bid Negotiation Phase
We will review all bids submitted for systems designed by ARC Engineering, provide comments to the Design and Construction team, and make recommendations for selection. We also will assist in preparing a list of qualified subcontractors.
A. We will review all bids submitted for systems designed by ARC Engineering.
B. Provide comments and recommendation for selection of trade subcontractors.
2.7 Construction Administration Phase
During construction, ARC Engineering performs shop drawing and submittal reviews, as well as periodic field observations, to ensure that the design intent of the construction documents is -71-
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being realized. In addition, we will review owner generated change orders for scope and accuracy.
A. Generate addenda to the contract documents as needed for engineering clarification.
B. Shop drawing review
We will review and recommend acceptance or rejection of contractor prepared submissions called for in our final design documents. Normal shop drawings review will be completed in seven (7) working days or less.
C. Provide 3D BIM Model to construction team and attend ALL BIM coordination sessions with the subs.
D. Periodic site visits
Members of the design team will visit the site on a weekly basis during construction to ascertain completion of work in accordance with schedule and contract documents corresponding to normal construction meetings and attend those construction meetings as well. However, our scope of services does not include full time or exhaustive field representation.
E. Review subcontractor payment application request and recommend approval or required modifications.
F. Contractor change orders
We will assist with review and evaluation of change orders for the systems we have designed, and owner generated change orders.
2.8 Project Close Out
A. Punch list and sign off
We will prepare a final punch list for all trades designed by us and review their completion after the Contractor has made necessary changes. We will assist in the project sign-off process including assisting in obtaining all regulatory sign-offs required for the systems we have designed.
B. Record drawings
We will provide copies of our final design drawings for your record. Record drawings will be submitted electronically which includes incorporation of contractor mark ups.
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3. FEES AND PAYMENTS
3.1 Fees
Fixed-Fee
Feasibility Study/Concept $ 10,000
Schematic/Design Development $ 20,000
Construction Documents $ 50,000
Bidding Phase $ 2,000
Construction Administration $ 25,000
Subtotal $ 97,000
Reimbursable Expenses (estimated) $ 8,000
TOTAL $105,000
3.2 Compensation for Supplemental Services
A. It is understood that where The Client approves changes to Engineer's work already completed, or there is a change in scope of the project, these are Supplemental Services.
Engineer will estimate the costs of these supplemental services and submit to the client for approval prior to proceeding with the work.
3.3 Reimbursable Expenses
A. Reimbursable expenses such as mileage, plotting, printing and messenger charges will be billed at cost and are estimated to be an additional $10,000 excluding plan check fees which will be paid for directly by the client.
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ATTACHMENT A
BELLFLOWER COMMUNITY CENTER
Bellflower, CA
BILLING RATE SCHEDULE
2021
TITLE CATEGORY RATE PER HOUR ($)
Principal 220.00
Project Manager 165.00
Senior Engineer 160.00
Sr. Designer 130.00
Engineer 120.00
Designer 110.00
BIM Support 110.00
Revit/CADD Support 95.00
Administrative Support 85.00
Subject to review annually.
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ATTACHMENT B
BELLFLOWER COMMUNITY CENTER
Bellflower, CA
TERMS AND CONDITIONS
The following Terms and Conditions shall be incorporated into the Engineering Fee Proposal and become effective upon proceeding with the Scope of Work.
• Payment: All fees and other charges will be billed to Client monthly and shall be due and payable within 30 days from the date of invoice. In the event the Client disputes any charges, a written notice shall be provided within 10 days from the date of billing of the particular item that is being disputed. • Contingency fund: All parties acknowledge that changes may be required because of possible omissions, ambiguities or inconsistencies in the plans and specifications and therefore, th e cost of the project may exceed the construction contract sum. The client agrees to set aside a reserve in the amount of 10% of the total project construction costs as a contingency reserve to be used, as required, to pay for any such increased costs. The client further agrees to make no claim by way of direct or third-party action against ARC engineering or its subconsultants with respect to any payment within the limit of the contingency reserve made to the construction contractors because of such changes or because of any claims made by the construction contractors relating to such changes. • Additional Services: Should the original Scope of Work change, or additional services be requested by the Client, ARC engineering would forward a written request for additional services to Client. The terms and conditions of this agreement shall apply to all additional services provided by ARC engineering to the Client.
• Performance: ARC engineering will prepare plans and specifications exercising usual and customary professional care in its efforts to comply with applicable Code requirements, Federal, State, and local laws, ordinances and regulations, in effect as of the date of this Agreement. ARC engineering makes no warranties, either expressed or implied. ARC engineering does not guarantee the completion or quality of performance of contracts by the construction contractor or contractors, or other third parties, nor accepts responsibility for their acts, omissions or any safety precautions. • Independent Contractor: The relationship of ARC engineering to Client shall at all times be that of an independent contractor. ARC engineering shall not be liable for the acts of Client or its agents in performing the work, except in the case of damages or injuries directly caused by ARC engineering or its agents.
• Document Ownership: ARC engineering holds copyright of all tracings, calculations, and other original documents produced by ARC engineering and such documents shall be the property of ARC engineering, except when otherwise provided by law governmental requirement, or by prior agreement, these documents become public property or the property of the Client. A limited license is granted to use the documents for the specific purposes and project covered by the Agreement. Reproduction of these -75-
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documents either in hard copy or soft copy (including posting on the web) is prohibited without copyright permission. No right to create modifications or derivatives of ARC engineering documents is granted pursuant to this limited license. The drawings, specifications, and reproductions thereof are instruments of service to be used only for the specific project covered by the agreement between the prime design professional or client and the consultant. • Delays: ARC engineering agrees to put forth its professional effort to perform its services in a manner consistent with the agreed upon schedule. However, the Client understands that ARC engineering’s performance must be governed by sound engineering practices. Additionally, ARC engineering is not responsible for delays in Client planning or construction schedules, failure of Client to furnish timely information or documents, or to approve or disapprove ARC engineering’s work promptly by reason of delay or faulty performance by Client, other contractors, or governmental agencies, or any other causes beyond ARC engineering’s reasonable control.
• Cost Opinion: Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses or alternate solutions, and utilitarian considerations of operations and maintenance costs prepared by ARC engineering hereunder will be made on the basis of experience and qualifications and represent the engineer’s judgment as an experienced and qualified design professional. It is recognized, however, that ARC engineering does not have control over the cost of labor, material, equipment or services furnished by others or other market conditions or contractor’s methods of determining prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the report of the necessity be speculative. Accordingly, ARC engineering does not guarantee that proposals, bids or actual cost will not vary from opinion, evaluations or studies submitted.
• Construction Support: Construction support services performed by ARC engineering, whether of material or work, and whether performed prior to, during, or after completion of construction, shall be performed solely for the purpose of assisting in quality control and in achieving conformance with contract drawings and specifications; they do not guarantee contractor’s performance. These services shall be distinguished from inspection services, which are furnished by others. The furnishing of support services by ARC engineering shall not be construed as supervision of actual construction. ARC engineering shall not be responsible for providing a safe place for the performance of work by contractors or contractor’s employees or those of suppliers or subcontractors, or for access, visits, use, work, travel or occupancy by any person.
• Submittal Review: ARC engineering shall review and take appropriate action on shop drawings, product data, samples, and other submittals required by the contract documents. Such revie w shall be solely for general conformance with the design concept and general complian ce with the Contract Documents. It shall not include review of quantities, dimensions, weights or gauges, fabrication process, construction methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole responsibility of the contractor. ARC engineering review shall be conducted with the reasonable promptness consistent with sound professional practice. Review of a specifi c item shall not indicate acceptance of an assembly of which the item is a component. ARC engineering shall not be required to review and shall not be responsible for any deviations from the Contract Documents not clearly noted by the contractor, nor shall Arc Engineering be required to review partial submittals or those for which submissions for correlated items have not been received. • Client Purchased/Provided Equipment: Client assures ARC engineering that any MEP equipment provided directly by client will be provided to the construction contractor for overall coordination with all subtrade contractors and will be treated similar to any submittal provided/furnished by subtrade contractors.
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• Termination for Convenience: Either ARC engineering or Client may terminate this Agreement at any time with or without cause upon giving the other party ten (10)-calendar days prior written notice. ARC engineering shall submit a request for payment for all services rendered and all costs incurred up the date of termination. The Client shall, within (10) days of receiving ARC engineering’s request for payment, pay ARC engineering’s unpaid costs in accordance with the compensation provisions of this agreement. • Asbestos and Toxics: ARC engineering shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous material in any form at the project site, including, but not limited to, asbestos, asbestos products, PCB’s or other toxics substances. • Indemnity Clause: Client shall hold harmless and indemnify ARC engineering’s principals, employees, and consultants for any damage, liability or cost to the extent caused by Client’s negligent acts, errors omissions in the performance of professional services under this agreement, or caused by any of Client’s sub consultants or anyone for whom Client is legally liable.
To the extent allowed by law, ARC Engineering, Inc. shall hold harmless and indemnify Client, employees, and consultants for any damage, liability or cost to the extent caused by ARC Engineering, Inc. sole negligent acts, errors omissions in the performance of professional services under this agreement, or caused by any of ARC Engineering, Inc. sub consultants or anyone for whom ARC Engineering, Inc. is legally liable.
• Limitation of Liability: Client agrees to limit ARC engineering liability to the Client, and to all construction contractors and subcontractors on the project, due to ARC engineering’s negligent acts, errors and omissions, such that the total aggregate liability of ARC engineering to all those named shall not exceed ARC engineering’s available insurance proceeds. • Entire Agreement: This agreement contains all terms and conditions agreed on by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist, or bind any of the parties hereto.
• Modifications: No Change, modification, or amendment to this Agreement will be valid unless agreed to by both of the parties hereto in writing.
• Successors and Assigns: This agreement shall insure to the benefit of and shall be binding upon each of the parties hereto and such parties partners, successors, executors, administrators and assigns. • Severability: In the event any clause or portion thereof in this agreement is deemed invalid or unenforceable by a court or arbitrator of component jurisdiction, then that clause or portion thereof shall be treated as if it were omitted at the time of execution, and the remaining terms of this Agree ment shall survive and be enforceable.
• Arbitration: It is recommended that any disputes, claims and other matters of question arising out of or relating to this Agreement or breach thereof, shall first go to mediation. Should mediation prove to be ineffective, the parties shall enter into arbitration in the city that the project is constructed, in accordance with the rules of the American Arbitration Association (AAA). The parties shall attempt to select a single mutually agreeable arbitrator from the AAA’s panel of arbitrators. If no agreement is reached within fifteen (15) days of the first written notice of intent to arbitrate, the current director of professional services for the applicable locale of AAA shall select the arbitrator, unless the parties expressly agree otherwise, under no circumstances is the arbitrator to have worked in the MEP engineering services industry. The award rendered by the arbitrator shall be final and binding on all parties, and may be entered as judgment by any court of competent jurisdiction. • Attorney’s Fees: In the event any dispute arises regarding the operation or enforcement of any provision of this Agreement, the prevailing party shall be entitled to reimbursement by the other party for all reasonable attorney’s fees, filing fees, and any other costs or expenses reasonably incurred in the resolution of such dispute, including hearings, trial expenses, and appeals. -77-