TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: P.J. Mellana, Director of Parks and Recreation
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 781.3, in a form approved by the City Attorney, with KTU&A for various grant writing and park concept design professional services, as determined by individual task order.
DATE: April 14, 2025
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Agreement File 781.3 with KTU&A, for various grant writing and park concept design professional services as determined by task order. The various projects will primarily include parks and recreation grant research and writing to secure funding opportunities that align with the City of Bellflower Parks and Recreation Master Plan, which KTU&A helped develop as a key partner. Additionally, the City is seeking services related to the development of park concept designs that will support grant applications and advance projects to shovel-ready status. These efforts will help enhance recreational spaces, improve community amenities, and maximize available funding for future park improvements.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 781.3, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The maximum task order amount for Agreement File No. 781.3 will be $100,000 annually.
Hourly rates for services will vary depending on the specific project, scope of work, format, and level of service required. Services will be funded through Account No. 010-42054-5000 (Contract Services) for future projects with potential grant opportunities and will align with approved budget allocations for specific task orders and projects.
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1 Staff Report – Agreement File No. 781.3 with KTU&A for On-Call Professional Services April 14, 2025
DISCUSSION
As the City continues to implement the objectives outlined in the Parks and Recreation Master Plan and the newly adopted City Strategic Plan, the need for dedicated grant research, grant writing, and park design concept services remains a priority. To support these efforts, staff recommends establishing an on-call agreement with KTU&A to assist in securing funding and advancing parks and recreation projects to shovel-ready status.
Staff is recommending KTU&A for this service agreement based on its extensive experience in grant development and park planning, as well as its deep familiarity with the Bellflower Parks and Recreation Master Plan, having served as a key partner and leader throughout the master planning process. KTU&A will ensure that projects align with available funding opportunities and the City’s long-term vision for parks and open spaces. Their expertise will enhance the City's ability to secure grant funding, develop concept plans, and ultimate ly improve recreational amenities for the Bellflower community. Details regarding potential task order projects, scope of work, and deliverables are outlined in the Agreement Exhibits.
ATTACHMENT
Agreement File No. 781.3 …………………………………………..………….……………………3
2
AGREEMENT FILE NO. 781.3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
KTU&A
FOR ON-CALL GRANT WRITING AND DESIGN SERVICES
THIS AGREEMENT is entered into this 14th day of April, 2025, by and between the CITY OF BELLFLOWER, a municipal corporation (“CITY”) and KTU&A, 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 for CONSULTANT’s services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “A,” which is incorporated herein.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit A.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly exe cuted and approved Task Order will become part of this Agreement. The standard form for the Task Order is set forth in Exhibit B.
C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
D. 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 Ag reement. 3 City of Bellflower
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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 15 days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS.
A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, 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 “A”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the City Manager.
C. The maximum not-to-exceed amount for any individual Task Order will be limited to $62,000.
D. CITY’s city manager may make payments up to $62,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
E. CITY will not reimburse CONSULTANT for the following: staff time or overtime for performing secretarial, clerical, or word processing functions; charges for time spent to provide necessary information for CITY audits, billing or budget inquiries; and computer online charges.
F. CITY will reimburse CONSULTANT for actual and necessary ordinary out-of-pocket expenses reasonably incurred by CONSULTANT in performance of the service provided by CONSULTANT. Such reimbursement will be at cost, i.e., without mark-up. Examples are as follows: deposition fees; postage; messenger/process service; and document reproduction.
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5. 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.
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.
6. TERM.
A. The term of this Agreement will be from April 14, 2025 to June 30, 2027, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.
B. The term of this Agreement and any Task Order may be extended as determined by the City Manager or by written amendment to the Agreement or any Task Order.
C. The time allowed for CONSULTANT’s completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.
D. When services are requested by CITY, CONSULTANT will commence the requested services within a three-week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 15.
7. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 23 of this Agreement; and
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B. CITY gives CONSULTANT a written notice to proceed.
C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
8. TIME EXTENSIONS DUE TO DELAY. 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 City 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 City Manager will extend the completion date, when appropriate, for the completion of the contracted services.
9. 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:
A. Exhibit A: Scope of Services, and Fees
10. CHANGES. CITY may order changes in the services within the general scope of this Agreement, or in any duly executed Task Order, 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.
11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
12. 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.
13. PROJECT COORDINATION AND SUPERVISION.
A. CONSULTANT’s professional services will be actually performed by, or immediately supervised by KTU&A.
B. A specific individual employed by CONSULTANT, and approved by the City Manager or his/her designee, will be assigned as Project Manager for each specific project defined in the Task Orders. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY’s Project Manager.
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C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment as set forth in the Task Order, for any reason, he/she will be replaced by another qualified person approved by the City Manager or his/her designee.
14. 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.
15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement, or any individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. CONSULTANT may terminate this Agreement, or any individual Task Order, at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. 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).
D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
16. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement. 7 City of Bellflower
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17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents 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. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
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 will act both as a design professional (as defined by Civil Code § 2782.8) and for other management 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 8 City of Bellflower
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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.
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 it is 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 9 City of Bellflower
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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 transcripts therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) 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 must 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 (combined single)
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 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 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. 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 maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended 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.
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E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, 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.
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. When required by any Task Order, 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: Joe Punsalan, Principal Attention: P.J. Mellana, Director of Parks and Recreation
KTU&A City of Bellflower
3916 Normal Street 16600 Civic Center Drive
San Diego, CA 92103 Bellflower, CA 90706
619-294-4477, ext. 127 (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. 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.
28. 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. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
29. 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.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
37. 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.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
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39. 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 agency.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER KTU&A
_____________________________ ____________________________ Ryan Smoot, City Manager Joe Punsalan, Principal
ATTEST:
_____________________________ ____________________________ Mayra Ochiqui, City Clerk Mark Carpenter, Principal/CFO
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 952750597
ATTACHMENTS:
Exhibit A – Scope of Services, and Fees
Exhibit B – Task Order Form
14 (Attachment – Consultant Scope of Services, and Fee Proposal)
CITY OF BELLFLOWER
AGREEMENT FILE NO. 781.3
SCOPE OF SERVICES, AND FEES
Services provided by Consultant may include the following:
Parks and Recreation Grant Research & Writing
Identify and evaluate funding opportunities for parks and recreation projects by aligning project goals with grant criteria and the City of Bellflower Parks and Recreation Master Plan. Conduct research, assess project feasibility, and analyze funding requirements to ensure eligibility and competitiveness. Develop compelling grant applications by gathering supporting data, crafting persuasive narratives, and coordinating required documentation. Ensure compliance with funding agency guidelines to maximize grant success and secure funding for priority projects.
Park Design Concepts
Develop conceptual park designs that align with the City of Bellflower Parks and Recreation Master Plan to support grant applications and move projects closer to shovel- ready status. Create preliminary site layouts, relationship diagrams, and illustrative renderings to demonstrate project feasibility, community benefits, and funding alignment.
Rate of Pay
The services shall be compensated as specified in the attached Consultant Scope of Services, and Fee Proposal.
15 February 12, 2025
To: PJ Mellana and Kristen Smith
From: Joe Punsalan and Nicole Rogge
RE: City of Bellflower Parks and Recreation On-Call
Hi PJ and Kristen,
Below is our draft, general scope of work for grant research, grant writing, park concept design and landscape architecture services through construction management. These tasks are general processes and will be refined as a task order is initiated. Please let us know if you have any questions.
Task 1. Parks and Recreation Grant Research
Obtaining funding for park design and capital projects comes from thoughtfully designing and visioning the project to address the criteria of available grants. Projects that are designed to offer multiple community benefits and sustainable solutions for the requesting agency are more likely to receive funding.
The following general approach outlines the various steps the KTUA team anticipates in completing a park-related grant for cities and other agencies. KTUA will work closely with the City and identify tasks that KTUA can complete and tasks that much be completed by the City.
Task 1.1 Grant Pre-Planning
The first step in developing a grant is to identify the vision and goals and validate the need for this application. Asking questions early in the process will lead to a clear and concise application.
Project need and scope:
• Who is this project for and how will they be affected? • Will the project meet the community's needs?
• Does the project or program support other ongoing efforts? • Does the project or program support the long-term vision of the applicant? • Will the project be unique in the area?
Project Cost
• What is the total project cost?
• How much funding is needed for design, construction, operations, and maintenance? • Are local matching funds needed and available?
• What is the project schedule?
• Are there cost issues beyond the control of the project that should be considered (inflation, fluctuating labor and material costs, supply chain issues, etc.)?
16 Community Impacts
• Will the project improve/promote public safety and community health? • Will disadvantaged or underserved communities benefit? • Will the project provide a safe space for community members to connect and socialize? • Will the project help reduce crime in the area?
• Can environmental impacts be minimized?
Project Support
• Does the local agency and community support the project? • Has or can stakeholder partnerships be established?
• Does the project have local, state, and federal political support? • Can the support be documented?
Task 1.2 Identify Grant Opportunities
KTUA will work with the City to prepare a list of grants the City is interested in pursing and will prepare a schedule of release and due dates. KTUA will review which grants are the best fit for eligibility and can fund all or a majority of the project.
Upon selection of the most relevant grant program(s), a virtual conference call will be conducted to discuss the grant goals and objectives and to gather data and ideas for the grant application. Other items such as letters of support, graphics, scope of work, outreach, and demographic data will be identified if available.
Estimated Budget: $1,200
Task 2: Grant Writing
Task 2.1 Research, Data, and Graphic Collection
KTUA will conduct the necessary research to provide metrics to support the grant application. This includes demographic data and existing conditions data such as past community survey data, CalEnviroScreen, US Census data, and health information. Other data such as visual graphics, maps, and photos contribute to a strong application.
Task 2.2 Prepare the Grant Application
KTUA will adhere to the application guidelines when beginning to develop the narrative for the grant application. KTUA may conduct a brainstorming session to help identify themes and develop a strong project need statement. This task will focus on:
• Identify main points, concepts, and themes
• Determining how to meet the goals of the funding source • Developing broad concepts that support the project premise
Developing a Project Need Statement
Based on data gathered during pre-planning, research, and data collection, KTUA will work with the City to develop a strong project need statement. The need statement will be a clear, concise, and persuasive assertion about the project, or program, its mission, the need for the project, and the benefit the project will provide.
17 Application Outline
KTUA will create an outline to provide structure to the application. This outline will serve as guidance in writing the narrative detail and adding the supportive data. Format requirements for the application will be reviewed and tasks for completion will be assigned.
Narrative Detail
The KTUA team will take the lead in preparing the narratives, or provide materials for City staff to write (as needed), and provide a complete checklist of all the necessary information needed for the grant. The narrative will focus on:
• Crafting a clear project scope.
• Providing a comprehensive funding strategy with cost and budget data. • Gathering letters of support from the community, stakeholders, local businesses, and representative agencies.
• Providing details on the project benefits and community impact. • Including human interest stories about events and people that are relevant to the project. • Demonstrating the grantee’s experience and technical capacity to implement the grant. • Providing a project schedule.
KTUA will prepare supporting graphics, metrics, data, and maps needed to strengthen the grant.
Coordination with the City will be a continuous effort to make sure all materials are provided in a timely manner to complete all the necessary elements of the grant. Depending on the grant needs and grant writing budget allocated, KTUA has the capability to provide additional supporting graphics and information.
Graphic materials not yet produced such as additional 3D renderings, updated CAD drawings, and mapping analysis will be included as additional services.
The timeframe of the grant writing process will depend on when the grant application has been released, the due date, and what information is readily available to begin preparing the grant, typically between one and three months.
Task 2.3 Review the Grant Application
A draft of the application will be submitted to the City for review. Upon an expedited review period, KTUA will address the final comments. All supporting documentation will be included, and a final application will be delivered to the City for submission.
The City will be responsible for obtaining any necessary department, city council or other governing agency approvals (formal or informal) or resolutions. At this time the application will be ready for submission by the agency.
Task 2.4 Application Submittal and Follow-up
Prior to the submittal deadline, KTUA will ensure that the team fully understands the submittal protocols for uploading required forms and documents. Technology errors happen, particularly associated with deadlines, so redundancies or alternatives will be developed to avoid disqualification.
18 Once the grant application has been submitted, the grantor may come back to the applicant with additional questions or clarifications, or a request to visit the project site or other projects the City has successfully implemented with grant funding. The KTUA team will be available to prepare responses to questions, provide additional materials, and schedule site visits as needed.
Of course, securing the grant funding is the goal. However, win or lose, a debrief with the grantor is always beneficial at the end of the process to understand the strengths and weaknesses of the application. If the application was successful, the debrief process may shed light on other grant opportunities with this or other grantors that may be applicable if additional funding is still needed. If the application is not successful, it is an opportunity to reassess the relationship between the project need and the grant requirements to determine if the application needs to be repackaged in a different way or if other funding sources more closely match the project need. Since many agencies release grant opportunities on an annual or recurring basis, there may be future opportunities to re-submit an application.
Estimated Budget:
Task 2A, Low level-of-effort Grant: $3,500-$5,500
Task 2B, Medium level-of-effort Grant: $5,500-$8,500
Task 2C, High level-of-effort Grant: $8,500-$10,000
Task 3: Park Design Concepts
Task 3.1 Edits to Existing Concept Designs
With direction provided by the City, KTUA will edit existing park concept designs produced previously by the City. Edits to existing designs may include adjustments to CAD drawings, plan renderings, or 3D renderings.
Estimated budget: $7,500 (edits only)
Task 3.2 Park Concept Design Alternatives
With direction provided by the City, KTUA will prepare conceptual plans illustrating proposed park improvements that reflect the community’s needs at the identified high-priority sites. To start the process, properties will be selected to create relationship/bubble diagrams; these diagrams will consist of simple linework/colors (i.e., bubbles) that help define the relationship between different spaces/programmatic uses within the park. The City will review each of the relationship/bubble diagrams and determine sites to move forward with conceptual designs based on city and/or community input on the relationship/bubble diagrams. Park active and passive amenities, fields and fitness areas, circulation walkways, parking, gathering spaces, playgrounds, dog parks, trees, shade structures, etc., will be drawn conceptually and at an appropriate scale. Color will be added to the concepts for clarity (not illustrative renderings), and each concept will be annotated. The concepts will be provided to the City electronically in pdf format, and review meetings will be scheduled to discuss the concepts for each property.
Task 3.3 Final Park Concept Design
City comments will be summarized and provided to the City electronically. Based upon feedback from the City, KTUA will refine the concepts to provide a final concept design for the final park sites selected.
The concepts will be drawn at an appropriate scale, color rendered, and annotated for presentation purposes.
19 Upon completion of the preferred concept, 3D renderings will be developed for the two final concepts.
One full rendering will be developed in SketchUp and Lumion so different views can be extracted to highlight various elements of the concept. These big-vision graphics will help aid the development and support of these vacant or underutilized land for new park space and amenities.
Estimated budget: $20,000 (new concepts and renderings per park)
Task 4 Design Development
These scope and fee estimate for these projects will be design and project size dependent. Further refinement will be needed once a project has been identified.
Task 4.1 Design Development and Construction Documents
Goal: Refinement of the schematic plan to locate and describe materials, equipment, project systems, and types of construction as may be appropriate.
The construction document phase will assemble all the plans, details, and specifications for the purpose of permitting, bidding, and constructing the project. This would also include any subconsultants if required, and will include coordination of other consultants/divisions of work.
Delivery, Lessons Learned & Cost Savings: We’ve developed various QA/QC protocols to ensure that the final product is thorough, accurate, and detailed. The team has used various tools to enable project design and management. We’re flexible in the delivery method and frequency to help reduce cost and provide a successful product.
Technical/Management Solutions: Understanding the project technical challenges early and having good communication with the City and other consultants will enable KTUA to solve technical items through the DD/CD phase.
Critical Path Activities: Delivering thorough progress sets will help to ensure that the team moves forward without causing major delays. We will ensure progress sets include the ample information to allow appropriate review.
Elements of this task include:
• Site plan and circulation systems (vehicular/ped)
• Fencing and site security
• Planting and irrigation
• Lighting and utilities
• Grading, drainage, hydrology, stormwater pollution prevention plan • Site furnishings and signage
• Building footprints and elevations
• Site sections, elevations, sketches, material boards
• Maintenance standards and recommendations
• Phasing
• Client/design meetings
20 Deliverables:
• 35% plans, specification outline, and ROM in electronic format • 50% and 100% plans, specifications and ROM
• Meeting agendas and minutes
Task 4.2 Bidding Negotiations
Goal: Assist client in the advertisement of the project for bid, analysis of bids, and selection of a qualified contractor.
Delivery, Lessons Learned & Cost Savings: We can help with bidding and bid negotiations. We’re always available to help respond to contractor RFIs and can assist in the preparation of addenda as needed. We are also available to help review bids and assist in awards based on our industry experience. Our experience and bid data on other projects will help for this task and may offer some savings to the City.
Technical/Management Solutions: We are able to assist with bidding and have found that providing addenda and other exhibits to further clarify bid documents helps to make this process go smoothly.
Critical Path Activities: During the bidding process, it’s critical to respond quickly and provide additional clarity where needed to eliminate any delays or further addenda.
Elements of this task include:
• Respond to contractor questions
• Assist in preparation of addenda
• Review bids and award
Deliverables:
• Contractor selection
Task 4.3 Construction Administration
Goal: To have responsive on-site review of construction and to allow for seamless implementation from construction documents to build projects.
Delivery, Lessons Learned, & Cost Savings: We have learned that CA is critical in the quality assurance of a project and having landscape architectural staff available to walk the site will help in design implementation. We are familiar with industry leading technology including Procore and other tools, allowing for efficiency and cost savings.
Technical/Management Solutions: We also have industry technicians that can help with irrigation, planting, soil/agronomics, and other technical tasks to help identify and solve issues that may arise in the field and document them for project clarity and reporting.
Critical Path Activities: Participating in regular OAC meetings allows us to quickly resolve site issues as they occur which also avoids construction delays..
21 Elements of this task include:
• Review submittals/shop drawings/lab tests
• Site observations/reports/meeting minutes (construction, pre-maintenance and final walk- throughs)
• Site meetings
• Respond to requests for information
• Review pay requests
• Project recommendations/ acceptance
Deliverables:
• Review submittals
• Site observations and reports (construction, pre-maintenance and final walk-throughs) • Site meetings
• Respond to RFI’s
Task 4.4 Record Drawings
Goal: Document final construction.
Delivery, Lessons Learned & Cost Savings: We are proficient in AutoCAD and can produce drawings in CAD format and can upload to Procore or other desired services which we’ve learned allows for smooth project documentation and clarity, ultimately leading to cost savings.
Technical/Management Solutions: Oftentimes, as-built drawings are difficult to obtain and/or data is lacking. We are able to walk the site and record the data to help confirm changes that may have occurred.
Critical Path Activities: We are able to gather data during site visits and reporting allowing for speedy record drawing documentation.
Elements of this task include:
Review contractor provided as-built plans and specifications, including revisions made.
Deliverables:
• Final record drawings to agency
Estimated budget: $300,000-$500,000
22 Principal Senior
Associate
Senior
Planner /
Designer
II
Planner/
Designer
Joe
Punsalan
Jacob
Leon
Nicole
Rogge
Madeline
Pysher
$215 $175 $128 $113 Labor Cost
1 1.1 Grant Pre-Planning 1 3 3.5 -$ 495$ 495$
1.2 Identify Grant Opportunities 1 4 5 -$ 687$ 687$ Task 1 Totals 0 2 7 0 8.5 -$ 1,182$ 1,182$ 2A Grant Writing (Low Effort)
2A.1 Research, Data, and Graphic Collection 2 2 -$ 256$ 256$ 2A.2 Prepare the Grant Application 2 4 12 8 26 -$ 3,570$ 3,570$ 2A.3 Review the Grant Application 2 2 4 8 -$ 1,292$ 1,292$ 2A.4 Application Submittal and Follow-up 3 3 -$ 384$ 384$ Task 2A Totals 4 6 21 8 39 -$ 5,502$ 5,502$ 2B Grant Writing (Medium Level Effort)
2B.1 Research, Data, and Graphic Collection 4 4 -$ 512$ 512$ 2B.2 Prepare the Grant Application 2 4 24 12 42 -$ 5,558$ 5,558$ 2B.3 Review the Grant Application 4 4 4 12 -$ 2,072$ 2,072$ 2B.4 Application Submittal and Follow-up 3 3 -$ 384$ 384$ Task 2B Totals 6 8 35 12 61 -$ 8,526$ 8,526$ 2C Grant Writing (High Level Effort)
2C.1 Research, Data, and Graphic Collection 4 4 -$ 512$ 512$ 2C.2 Prepare the Grant Application 2 4 32 16 54 -$ 7,034$ 7,034$ 2C.3 Review the Grant Application 4 4 4 12 -$ 2,072$ 2,072$ 2C.4 Application Submittal and Follow-up 3 3 -$ 384$ 384$ Task 2C Totals 6 8 43 16 73 -$ 10,002$ 10,002$ 3 3.1 Edits to Existing Concept Designs 2 18 42 62 -$ 7,400$ 7,400$
3.2 Park Concept Design Alternatives 4 8 24 60 96 -$ 12,112$ 12,112$
3.3 Final Park Concept Design 4 8 16 32 60 -$ 7,924$ 7,924$ Task 3 Totals 8 18 58 134 218 -$ 27,436$ 27,436$ Park Design Concepts
City of Bellflower Parks and Recreation On-Call
Parks and Recreation Grant Research
Hours per
Task
Cost per
Task
Travel &
Materials
KTUA
23 CITY OF BELLFLOWER
AGREEMENT FILE NO. 781.3
TASK ORDER NO. 1
______________________________________________________________________
Date Prepared: 04/14/25
Consultant/Contractor Name: KTU&A
Project Name: Grant Writing and Research
Account Number:
Total Cost: $
Description of services to be performed under this Task Order:
Recommended/Approved by:
P.J. Mellana, Director of Parks and Recreation Date
Ryan Smoot, City Manager Date
24