Livingston City Council
September 17, 2024

CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
SEPTEMBER 17, 2024
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on September 17, 2024, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.

OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2024-60
Next Ordinance No.: 657
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

AWARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Proclamation Recognizing Hispanic Heritage Month.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.
• Jacquie Benoit, Recreation Superintendent – Recreation Department Report.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.

Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.

2. Consideration of a Resolution (1) Approving the Purchase of New Playground Equipment for Arakelian Park Furnished and Installed by all About Play, in the Amount of $139,151.36; (2) Authorizing the Finance Department to Make Appropriation Budget Adjustment; (3) Authorizing the Interim City Manager to Execute All Required Documents; and Adopting A Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) Exemption Under the California Environmental Quality Act. Staff Recommendation: Approve Resolution.

3. Consideration of a Resolution of the City Council of the City of Livingston (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement as Approved by the City Attorney’s Office with Tesco Controls, Inc., in an Amount Not to Exceed $20,000 Per Year for the Extended Maintenance And Systems Services (EMASS) and Not to Exceed $15,000 Per Year for Additional Services Including Emergencies, and Granting the Interim City Manager to Enter into Future Agreement(s) with Tesco Controls Inc.; the City Manager is Authorized to Make Any NonMaterial Changes to the Agreement Subject to Approval as to Legal Form by the City Attorney; (2) Approving the Five (5) Year Agreement with a Total Value of $175,000 Throughout its Term, and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to the Water Enterprise Fund in the Amount of $35,000 for FY 2024-2025 Budget. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Approving An Architectural Services Contract to SVA Architectural, Inc., in the Amount Not to Exceed $1,298,191 for the Design of the Livingston Rec Plex (Proposition 68 Grant). Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Authorizing the Interim City Manager to Enter into a 24 Month Contract with Flock Safety for Additional Automated License Plate Readers (ALPR) Not to Exceed $26,100 for the Contract, $14,100 for the First Year and $12,000 for the Second Year. Staff Recommendation: Approve Resolution.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Designation of Delegates for the Merced County Association of Governments (MCAG) 2025 One Voice Trip and Identify Potential Priorities.

7. Selection of Committee Members for the Ad-Hoc Committee for Evaluating “Over the Counter” Building Permit Applications Subject to the City of Livingston’s Current Water Supply Conditions.

8. Discussion and Direction Regarding Providing Direction to Staff on Whether to Initiate an Amendment to the Sign Chapter of the City of Livingston’s Municipal Code (LMC 4-2) to allow Off-premises Advertising on Vacant Land.

9. Discussion and Direction Regarding Waiving/Reimbursing the Facility Fee to Pacific Coast Khalsa Diwan Society Sikh Temple, Inc., in the Amount of $320.

ADJOURNMENT

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution (1) Approving the Purchase of New Playground Equipment for Arakelian Park Furnished and Installed by All About Play, in the Amount of $139,151.36, (2) Authorizing the Finance Department to make Appropriation Budget Adjustments; (3) Authorizing the Interim City Manager to Execute all Required Documents; and Adopting a Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) Exemption Under the California Environmental Quality Act
September 17, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston (1) Approving the purchase of new playground equipment for Arakelian Park to be furnished and installed by All About Play; (2) Authorizing the Finance Department to make appropriation budget adjustments; (3) Authorizing the Interim City Manager to execute all required documents; and adopting a Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) exemption under the California Environmental Quality Act.

BACKGROUND:

The current public playground equipment at Arakelian Park has significantly deteriorated over time, presenting safety concerns, and diminishing the overall play experience for children. Upgrading to new, modern equipment will not only enhance safety but also provide a more enjoyable environment for families and children. Investing in high quality playgrounds demonstrates a commitment to community well-being, which can foster positive relationships with residents and enhance their overall park experience.

DISCUSSION:

City staff intends to use the procurement services from SourceWell to meet the City of Livingston Municipal Code Title 1, Chapter 11 for purchasing. SourceWell is a public agency that offers national, competitively solicited purchasing contracts that meet the California Government Code Section 6502 for cooperative purchasing agreements.

The new playground equipment will be purchased through SourceWell's contract with All About Play.

The playground equipment quote is attached.

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines sections 15301 and 15301 as the project involves the replacement of existing public facilities located on the same site as the structure replaced and will have the same purpose and capacity with negligible or no expansion of the existing or former use. Furthermore, Staff has 01424.0001/!010809.l Page 1 of 2

determined that none of the exemptions to Categorical Exemptions set forth in the CEQA Guidelines section 15300.2 apply to this project.

FISCAL IMPACT:

The total amount of this project is $139,151.36 which includes tax, freight, and installation. FY2024- 2025 has an approved budget of $137,500.

1. $82,500 has been approved in the FY2024-2025 budget from Fund 1213 - CFO

2. $55,000 has been approved in the FY2024-2025 budget from Fund 2003 - Park Impact Fees
Staff is requesting a supplemental appropriation for additional funds totaling $1,651.36 to cover the shortfall of the playground project cost from unappropriated fund balance.

3. $990.82 from Fund 1213- CFO

4. $660.54 from Fund 2003 - Park Impact Fees
ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Cost Proposal from All About Play for $139,151 .36

3. Exhibit "B" Playground layouts
01424.0001/10 10809. I Page 2 of2

RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

APPROVING THE PURCHASE OF NEW PLAYGROUND EQUIPMENT FOR

ARAKELIAN PARK FURNISHED AND INSTALLED BY ALL ABOUT PLAY, IN THE AMOUNT OF $139,151.36; (2) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE APPROPRIATION BUDGET ADJUSTMENTS; (3) AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND ADOPTING A CLASS 1 (EXISTING FACILITIES) AND CLASS 2 (REPLACEMENT OR

RECONSTRUCTION) EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the current public playground equipment at Arakelian Park has significantly deteriorated over time, presenting safety concerns, and diminishing the overall play experience for children; and
WHEREAS, upgrading to new, modern equipment will not only enhance safety but also provide a more enjoyable environment for families and children; and WHEREAS, investing in high quality playgrounds demonstrates a commitment to community well-being, which can foster positive relationships with residents and enhance their overall park experience; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution of the City Council of the City of Livingston approving the purchase of new playground equipment for Arakelian Park to be furnished and installed by All About Play, in the amount of $139,151.36.

Section 2. Authorizing the Finance Department to a supplemental appropriation for additional funds totaling $1,651.36 to cover the shortfall of the playground project cost from unappropriated fund balance. $990.82 from Fund 1213- CFD and $660.54 from Fund 2003 - Park Impact Fees.

Section 3. Authorizing the Interim City Manager to execute all required documents.

Section 4. The City Council determines this project falls within the Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines sections 15301 and 15301 as the project involves the replacement of existing public facilities located on the same site as the structure replaced and will have the same purpose and capacity with negligible or no expansion of the existing or former use. Furthermore, none of the exemptions to Categorical Exemptions set forth in the CEQA Guidelines section 15300.2 apply to this project.

Section 5. This Resolution will become effective immediately Ill
Ill
Ill
01424.0001/1010812.1

Resolution No.

I hereby certify that the foregoing Resolution No. 2024-_ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 171h day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
By:------,-,----- Jose A. Moran, Mayor
Of City of Livingston

QUOTATION All ~ •u~11kes] coMMERc1AL] PlayPow~1 ~~~~:~;;~:gton C/0 ~l,;Qu t Pla 3844 Pmidio Stcee<, S,o,ameato, CA 95838 ,,. ' ""· ••· ' "· ... " " ........ • .,,.,,y TO:

CONTACT:

City of Livingston
Livingston, CA
Tony Avina
Phone: 916-923-2180 Fax: 916-646-6383
www.playgroundpros.com
DATE: July 30, 2024
BY: Glen Wurster
916.923.2180 PH
Exhibit A
PHONE: 209.564. 7510
[email protected]
Arakelian Park
[email protected]
EMAIL:

REFERENCE: Quote #AP93024
Little Tikes Commercial Equipment - Sourcewell/NJPA Contract #010521-LTS Qty Description Each
MATERIALS: 1 Play Builder Playground $ 54,149.00 $
TAX:

FREIGHT:

INSTALLATION:

TOTAL:

Play Builder Arch Swings (6) Belt (2) Tot Seats
17% $
1 Sourcewell Discount
Fabric Shade 45'X30'Xl4' Over Playground $ 22,833.00 $
SUBTOTAL: $
Sales tax is an estimate final tax will be charged 7.750% $ based on final shipping address
Shipping for Sahde Structure $
Shipping for Playground Free Under Sourcewell Contract
Installation of New Playground Equipment Only $
Site preparation and wood fiber responsibility of the customer Installation for Shade Structure Only $
$
Quote Good for 60 Days
Current lead time is 9-10 weeks for equipment delivery'.

Installer will receive and offload equiment on site.

Not Responsible for Underground Utilities, Obstructions or Permits of Any Kind.

Total
54,149.00
(9,205.33)
22,833.00
67,776.67
5,252.69
4,214.00
28,076.00
33,832.00
139,151.36
If not quoted above, Customer is responsible for construction fencing, site preparation and irrigation re-routing.

Grass damage may occur during installation. We are not responsible for grass damage.

Please make purchase orders out to:

PlayPower LT Farmington C/0 All About Play 3844 Presidio St, Sacramento, OI 95838 Remit All Payments To:

PlayPower LT Farmington PO Box 734155 Dallas, TX 75373-4155 I accept the terms and pricing listed on the above quotation:

Signature: _________________ _ Date:
3844 Presidio Street • Sacramento, CA • (916) 923-2180 PH • www.playgroundpros.com

Exhibit B

Exhibit B

General Notes:
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Equipment for Public Use. . This playgroun. d design meets the I CPSC Handbook for Public final Access Board Regulations. I _ Plax_ground Safety__ _ . _ _ __ _
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Play~round Layout
Compliance:
---- -
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SELTSEAT SELTSE.AT BELTSEAT 8ELTS£AT 68.T SfAT BELTSEAT TOT S£AT TOTSEAT 2C020,al.!i 200202i3S • 200'20.283S 2:0020:2a3.s I :-®202!ls 200".l02sJ5 l 200202&1& 200202436 ~-
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t1'1t~(~1:"~'!lfl11ntho --i this structure pt.ll'IMt>lf'iMA (.tf!,1-td f~ute.irni Q)'C1Jlof 1hNacffiff'OOl",'tJl\(CN'~m
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·Project: Arakulian Park
Livingslon, CA
LTCPS rep:

Glen Wurster
All About Play
(916) 923-2180
Ground Space: 103'·6" x 2 1'-0"
Protective Arca: I 15'-6" l< 33'-0" Drawn by: Glen w,;;;.t<r II Date: 71'.!5/2024 DWG Name: R03 I 7 _ 44912632514 LTCPS • Farmington
878 fast Highway 60
Monett, Missouri 65708
Voice: 1-800-325-8828
Fax: 417-354-2273 J
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STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston (1) Authorizing the Interim City Manager to execute a professional service agreement as approved by the City attorney’s office with Tesco Controls, Inc., in an amount not to exceed $20,000 per year for the Extended Maintenance And Systems Services (EMASS) and not to exceed $15,000 per year for additional services including emergencies, and granting the Interim City Manager to enter into future agreement(s) with Tesco Controls Inc.; the City Manager is authorized to make any non-material changes to the agreement subject to approval as to legal form by the City Attorney; (2) Approving the five (5) year agreement with a total value of $175,000 throughout its term, and (3) Authorizing the Finance Department to make a supplemental appropriation to the Water Enterprise Fund in the amount of $35,000 for FY 2024-2025 budget.

MEETING DATE: September 17, 2024
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston (1) Authorizing the Interim City Manager to execute a professional service agreement as approved by the City attorney’s office with Tesco Controls, Inc., in an amount not to exceed $20,000 per year for the Extended Maintenance And Systems Services (EMASS) and not to exceed $15,000 per year for additional services including emergencies, and granting the Interim City Manager to enter into future agreement(s) with Tesco Controls Inc.; the City Manager is authorized to make any non-material changes to the agreement subject to approval as to legal form by the City Attorney; (2) Approving the five (5) year agreement with a total value of $175,000 throughout its term, and (3) Authorizing the Finance Department to make a supplemental appropriation to the Water Enterprise Fund in the amount of $35,000 for FY 2024-2025 budget.

BACKGROUND:

The City of Livingston owns and operates nine water wells that are vital for providing residents and local businesses with a reliable drinking water supply. Identifying vulnerable areas in the city’s drinking water system is crucial for several reasons. First, it helps ensure the safety and quality of the water supply, as vulnerable points may indicate potential contamination risks or structural failures that could compromise public health. Second, detecting vulnerabilities early allows for timely repairs and improvements, which can prevent costly breakdowns or water outages. Additionally, understanding these vulnerable areas aids in optimizing the overall efficiency of the water system, ensuring that it can meet the demand of residents and businesses reliably. Lastly, proactive management of the water wells can support regulatory compliance and enhance the sustainability of the city's water resources, ultimately contributing to the long-term health and well-being of the community.

Staff requested a proposal from Tesco Controls for a EMASS (Extended Maintenance And Systems

Services) report which is a critical document that systematically outlines all findings and deficiencies related to our drinking water wells including our 480V rated equipment. This report serves not only as a comprehensive record of the current condition of our electrical systems but also plays a vital role in ensuring operational safety and efficiency.

By incorporating thermal imaging techniques, staff can effectively identify potential hot spots that may indicate underlying issues, such as overheating components or electrical imbalances. These insights allow for timely repairs and improvements, ultimately reducing the risk of costly breakdowns and unplanned outages. Furthermore, the report's recommendations will facilitate informed decision-making for maintenance strategies, boosting the reliability of our water supply and safeguarding public health.

In summary, the EMASS service report is essential for maintaining the integrity of our water well operations and ensuring that we can continue to provide safe and dependable water to the community.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

Tesco Controls meets sole source criteria justification due to being the only company that can work with Tesco electronic controls for our city water wells, as they own the proprietary rights to the equipment.

The annual service contract package and service agreement will be signed with Tesco Controls. The quote for the agreement is attached.

FISCAL IMPACT:

Staff is requesting a supplemental appropriation to the Water Enterprise Fund in the amount of $35,000 for budget FY2024-2025.

The total cost for the 5-year term of the professional service agreement will be in the amount not to exceed $175,000.

Future year allocations will be budgeted within each fiscal year as part of the budget.

ATTACHMENTS:

1. Resolution

2. Exhibit “A” Cost Proposal from Tesco Controls for $20,000.00.

3. Exhibit “B” Tesco Controls Sole Source Letter

4. Professional Services Agreement

RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT AS APPROVED BY THE CITY ATTORNEY’S OFFICE WITH TESCO CONTROLS INC. IN AN AMOUNT NOT TO EXCEED $20,000 PER YEAR FOR THE EXTENDED MAINTENANCE AND SYSTEMS SERVICES (EMASS) AND NOT TO EXCEED $15,000 PER YEAR FOR

ADDITIONAL SERVICES INCLUDING EMERGENCIES, AND GRANTING THE INTERIM

CITY MANAGER TO ENTER INTO FUTURE AGREEMENT(S) WITH TESCO CONTROLS INC., THE CITY MANAGER IS AUTHORIZED TO MAKE ANY NON-MATERIAL CHANGES

TO THE AGREEMENT SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY; (2) APPROVING THE FIVE (5) YEAR AGREEMENT WITH A TOAL VALUE OF $175,000 THROUGHOUT ITS TERM, AND (3) AUTHORIZING THE FINANCE DEPARTMENT

TO MAKE A SUPPLEMENTAL APPROPRIATION TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $35,000 FOR FY 2024-2025 BUDGET
WHEREAS, the City of Livingston owns and operates nine water wells that are vital for providing residents and local businesses with a reliable drinking water supply and identifying vulnerable areas in the city’s drinking water wells is crucial for several reasons; and WHEREAS, first, it helps ensure the safety and quality of the water supply, as vulnerable points may indicate potential contamination risks or structural failures that could compromise public health; and
WHEREAS, second, detecting vulnerabilities early allows for timely repairs and improvements, which can prevent costly breakdowns or water outages, and understanding these vulnerable areas aids in optimizing the overall efficiency of the water system, ensuring that it can meet the demand of residents and businesses reliably; and
WHEREAS, lastly, proactive management of the water wells can support regulatory compliance and enhance the sustainability of the city's water resources, ultimately contributing to the longterm health and well-being of the community; and WHEREAS, staff requested a proposal from Tesco Controls for a EMASS (Extended Maintenance And Systems Services) report which is a critical document that systematically outlines all findings and deficiencies related to our drinking water wells including our 480V rated equipment; and
WHEREAS, this report serves not only as a comprehensive record of the current condition of our electrical systems but also plays a vital role in ensuring operational safety and efficiency and by incorporating thermal imaging techniques, staff can effectively identify potential hot spots that may indicate underlying issues, such as overheating components or electrical imbalances; and WHEREAS, these insights allow for timely repairs and improvements, ultimately reducing the risk of costly breakdowns and unplanned outages; and
WHEREAS, the report's recommendations will facilitate informed decision-making for maintenance strategies, boosting the reliability of our water supply and safeguarding public health; and

WHEREAS, the EMASS service report is essential for maintaining the integrity of our water well operations and ensuring that we can continue to provide safe and dependable water to the community; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston authorizes the City Manager to execute a professional service agreement as approved by the City Attorney’s Office with Tesco Controls, Inc., in an amount not to exceed $20,000 per year for the Extended Maintenance And Systems Services (EMASS) and not to exceed $15,000 per year for additional services including emergencies; and Granting the Interim City Manager to Enter Into Future Agreement(s) with Tesco Controls Inc. The City Manager is authorized to make any non-material changes to the agreement subject to approval as to legal form by the City. The award of this agreement as a sole source award is appropriate as Tesco Controls, Inc., is the only company that can work with Tesco electronic controls for City water wells, as it owns the proprietary rights to the equipment.

Section 2. Approving the five (5) year agreement with a total value not to exceed $175,000 throughout its term.

Section 3. Authorizing the Finance Department to make a supplemental appropriation from unappropriated water funds to the Water Enterprise Fund in the amount of $35,000 for FY2024/2025.

Section 4. Future year allocations will be budgeted within each fiscal year as part of the budget.

Section 5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

Exhibit A
Corporate Office
TESIID EMASS'F;l 8440 Florin Road, Sacramento, CA 95828 P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817

CONTROLS
Innovation / Solutions / Support
To: City of Livingston Quote Date: 6/27/2024
Attn: Jesus Chavez Quote No.: 24F219Q01
Re: City of Livingston
Annual Extended Maintenance and System Services (EMASS) Proposal

ANNUAL SERVICE CONTRACT PACKAGE
(Service Period: Julyl. 2024 -June 30. 2025)
This proposal is offering an Extended Maintenance and System Service (EMASS) contract package to provide support services for City of Livingston's Motor Control Centers (MCC), Remote Telemetry Units (RTU) and Control Panels (CP) Systems. The service contract shall provide two (2) Tesco's EMASS Service representatives to perform prescheduled preventive maintenance service visits. EMASS services will be scheduled approximately 8-10 weeks prior to required work. Additional work provided beyond the contract allowance wil l be provided at the contract's reduced rates on a time-and-material basis.

With this agreement, when paid in full at the beginning of the service term, the signee is entit led to reduced rates, priority response, and emergency service available 24 hours a day, 7 days a week, 365 days a year. These rates and terms are identified under the "Standard Professional Services Rates for Time and Material Services" section as included herein.

Scope of Coverage
The following identifies the scope of coverage related to support, service, and covered equipment/systems as part of this Service Contract Package.

Item Description
1 MCC / VFD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services:

TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include:
• Exterior and Interior checks of the cabinet paint condition, door operations, seals, and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if applicable.
• Remove excessive dust and debris inside the panel
• Visually inspect connections
• Check for moisture intrusion and offer mit igation recommendations • Check for rodent/insect intrusion and offer mitigation recommendations • Check ventilation fans for proper operation and clean filters as needed • Check and record voltages
• Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and abnormal temperature spikes inside the 480V rated equipment. Report to the Owner will only contain images of "irregular temperature recorded". • Check for and document any non-functional components
• Record part numbers and serial numbers of any components (where applicable) that need to be replaced
File Ref. 24F219Q01 Page 11 of 6

EMASS Service Contract Quotation TESCO CONTROLS
Item Description
Sites/Equipment Covered:

The above-listed support service applies to the following sites/equipment:
• One (1) MCC lineup with Control section (Well 14, TESCO Job# 30209) • One (1) MCC lineup with Control section (Well 16, TESCO Job# 32742) • One (1) Outdoor MCC lineup (Well 9)
• One (1) Outdoor MCC lineup (Well 11)
• One (1) MCC lineup with Control section (Well 13, TESCO Job# 33878) • One (1) MCC-17 lineup (Well 17)
• One (1) Outdoor MCC lineup (Well 12)
• One (1) Outdoor MCC lineup (Tank site, Tesco job# 18940) 2 PLC/ RTU / Control Panel Specialized Preventative Maintenance & Support Services:

TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning. These services will be prescheduled and performed annually onsite, and include:
• Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches.
• Remove excessive dust and debris inside the panel
• Check for moisture intrusion and offer mitigation recommendations • Check for rodent/insect intrusion and offer mitigation recommendations • Check fan and heater functional performance
• Visually inspect and test the batteries using intelligent battery tester. Battery tester will provide information about how many amp-hours (AH) capacity batteries have. This test will determine if the batteries still "good" or need to be replaced
• Verify Controller's power supply voltage
• Check and verify PLC processor and 1/0 Modules connections • Check for excessive heat and loose connections
• Check telemetry equipment cabling and connections
• Seat terminal blocks and all relays
• Check for and document any non-functional components
• Record part numbers and serial numbers of any components (where applicable) that need to be replaced
Sites/Equipment Covered:

The above-listed support service applies to the following sites/equipment:
• One (1) Backwash PLC Control panel (Well 16)
• One (1) Tesco Backwash Reclaim Pump panel (Well 16)
• One (1) Tesco Sludge Pump panel (Well 16)
• One (1) Tesco PLC Control panel (Well 8, Tesco job# 30209) • One (1) Tesco PLC Control panel (Well 8, Tesco Job# 42867) • One (1) Tesco Control panel (Well 9, Job# 30209)
• One (1) Tesco Control panel (Well 11, Job # 30209)
• One (1) Filter PLC Control panel (Well 13)
• One (1) Tesco Sludge Control panel (Well 13)
• One (1) Filter Control panel (Well 17)
• One (1) Main PLC Control panel (Well 17, Tesco job# 38878Xl) • One (1) Tesco PLC panel
TOTAL ANNUAL COST: $20,000.00
File Ref 24F219Q01 Page 12 of6

EMASS Service Contract Quotation TESCO CONTROLS
Additional Services
Additional services which are not included within the Service Contract coverages (as defined above) are available and can be administered through this contract. Such services are offered at TESCO's "standard rates" per the rate scheduled included herein, wh ich will accrue against the included Allowance or billed separately on a Time-&- material (T&M) basis. There services will be subject to the service provisions defined herein and scheduled accordingly. Service and support may include any of the following disciplines/items as needed to fulfill the additional service requests.
•
•
•
•
•
Field Service Technician - to provide field support and services, including, but not limited to instrumentation troubleshooting, calibration, and loop testing; electrical control modifications; Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and potentially fail ing equipment, control system t roubleshooting; motor control support services (e.g. VFD's, RVSS's, Pump Control Panels, etc.) and communication system service.

PLC Programmer - to provide PLC programming support and services as needed, including, but not limited to troubleshooting, program modifications, OIT programming services, and training.

SCADA Programmer - to provide SCADA support and services as needed, including, but not limited to software troubleshooting; support services for system tags, database, telemetry/communications, alarming systems, reporting, and graphics support; networking support; programming modifications; and training. (Note: Latest SCADA system software updates should be available while under terms of the contract) Engineer - to provide engineering and consulting support and services related to electrical control and system engineering, including, but not limited to electrical control system assessment, tracing, engineering, and as-built drawings; control system operations engineering; system documentation; and training.

Materials, travel, expenses, and/or third-party services will be billed separately. Any material required shall be approved by owner/customer prior to procurement.

Rate Schedule
The following rate schedule identifies the Professional Services offered by Tesco Controls for Technical Support Services only. Please note that this rate schedule is not intended for use with Task Orders or project scopes of work, which shall be administered separately from this Service and Support Contract (TESCO can negotiate and quote these separate work efforts, as needed). This rate schedule applies to the services and support covered by this Service Contract per the applicable rate category, as well as the additional services that are rendered for ancillary support effort (which is performed per the standard rates and provisions defined below).

The following are Tesco's current professional service rates for year 2024 including the escalation rate schedule for service type and category. The rates shown below include t he direct hourly rate only and do not include expenses related to business travel, ME&I costs, per diem, or other miscellaneous fees. If needed, please consult with Tesco representative for travel-loaded rates which are evaluated case-by-case upon request.

Professional Services Standard Premium Emergency Service Rate Services Services Contracts
Factory Repairs $150 $160 $190 $140
Engineering Support $180 $190 $230 $170
Drafter/Designer $190 $200 $240 $180
Project Engineer $215 $225 $270 $205
Project Manager $250 $260 $310 $240
PLC Applications Programmer $225 $235 $280 $215
SCADA Applications Programmer $225 $235 $280 $215
Field Service Engineer/Specialist $225 $235 $280 $215
File Ref. 24F219Q01 Page 13 of6

EMASS Service Contract Quotation TESCO CONTROLS
Senior System Architect
Service Rate Categories
The following define the service types identified in the above listed rate categories:

Standard Service Rate - These rates apply to standard scope and task order activities that are under Tesco's scheduling and resource planning control. Standard rates are reserved for negotiated, planned, and welldefined/specified scopes of work where standard approach methodologies for executing work activities apply.

These rates may also apply to specialized preventative maintenance services. These rates do not apply to openended tasks or time-&-material (T&M) work orders requiring premium technical/engineering services (please refer to Premium Service Rates); the Standard Service Rate category apply to standard 'project/product delivery' work.

Please consult with Tesco representative for applicable service rate.

Premium Service Rate - These rates apply to open-ended tasks and time-&-material (T&M) work activities where the scope of work is not well-defined requiring a non-standard approach to scope management and resource planning. Such activities require higher-level disciplines for engineering task discovery in defining scope of work requirements on an as-needed basis. These rates may also apply to scope and task order activities that require premium technical services, such as engineering assessments, engineering surveys/studies, integration activities, troubleshooting, and T&M support services. These rates do not apply to urgent, expedited, or emergency service where the rendering of services are subject to deadlines or schedules that compress or interrupt other prescheduled activities or project work (please refer to Emergency Service Rates). Please consult with Tesco representative for applicable service rate.

Emergency Service Rate - These rates apply to tasks, work activities, and/or services that are rendered where personnel and resources need to be expedited and do not follow Tesco's standard methodology for scheduling work. Such services may impact other work activities or other project work and may require rescheduling of resources to accommodate an expedited schedule. These rates may also apply to services that need to be rendered after normal business hours, whether provided as technical phone support or onsite techn ical support.

Please note that any onsite technical support or activity rendered as an Emergency Service Rate may be subject to additional surcharges as follows:

Emergency Onsite Service Surcharges
Mobilization surcharges are applied to each emergency call/request that results in onsite activities being rendered under the Emergency Service Rate classification as defined above. These surcharges do not apply to phone support or remote VPN access support services. The following surcharges are applied to the mobilization of onsite services based on operating business hours.

After-Normal Business Hours, On-Call Onsite Support ....................................................... $1,150 per incident During Normal Business Hours, On-Call Onsite Support ........................................................ $850 per incident After-hours service requests are managed through Tesco's 24/7 On-Call Support Program and facilitated through Tesco's call center and dispatched to on-call personnel. Please note that the utilization of Emergency Service Rates do not constitute an Emergency On-Call & Technical Support Service Contract or guarantee a level-ofservice/response-time stipulated by those contracts. Please contact Tesco for a customized EMASS, Support, and/or On-Call Emergency Service Contract which is structured and quoted on support needs and on a system-bysystem basis. Although Emergency Services are expedited and scheduled promptly, mobilization is subject to availability and resource rescheduling lead-times. Please consult with Tesco representative for applicable service rate.

File Ref. 24F219Q01 Page 14 of 6

EMASS Service Contract Quotation TESCO CONTROLS
EMASS Contract Rate - These rates apply to work, tasks, and scopes identified by a Tesco Service Contract.

Service Contracts can include bundled packages for Extended Maintenance and System Services (EMASS) contracts, Technical Support Service contracts, and On-Call Emergency Service contracts. Eligibility of these rates are only available through an active and pre-paid Tesco Service Contract which are subject to the terms and conditions stipulated by the respective Service Contract language. These rates do not apply to Open Purchase Orders, Time-&-Material (T&M) service requests, or premium Professional Services / Consulting Agreements.

Please consult with Tesco representative for additional information and details related to Service Contracts.

Please consult with a Tesco representative for applicable service rates.

Rendering Services
Upon contracting into an agreement with Tesco Controls (i.e., Retainer Agreement, Service Contract, or Professional Services/Consulting Agreement), these indicated rates shall be valid for the agreed contract period.

Services rendered will be provided on a Time-and-Material accrual basis, which may be estimated in advance with a specified Task Order and/or defined scope of activity(ies). The hours accrued for rendered services will be recorded and only those incurred hours will be billed against the service/contract agreement in addition to the cost of expenses, travel, per diem, ME&I costs, fees, expenditures, and any preauthorized hardware/material provided. Please refer to the Time-and-Material service provisions and the terms and conditions noted herein.

Service Provisions
Please note the following service provisions:
• Normal working hours are Monday through Friday, 8:00 a.m. to S:00 p.m. Overtime at one and one-half the standard rate is billed for services outside the normal working hours, excluding weekends and holidays. • Saturday working hours are billed at two times the standard rates. • Sunday working hours are billed at three times the standard rates. • Holiday working hours are billed at three times the standard rates. ■ The above rates are billed two-hour minimum and in half-hour increments per activity/mobilization. ■ Portal-to-portal travel time is billed at the indicated hourly rate, plus $0.85 per mile. • Hardware components are billed at cost plus 20% overhead/procurement expenditures and 15% margin (delivery is subject to manufacturer availability). Sales tax will be applied as appropriate. • Actual travel expenses (airfare, ground transportation, lodging, meals, etc.) are billed at cost plus 20% overhead/administration.
• Authorized third party services will be billed separately at cost plus 20% overhead/subcontract administration and 15% margin (delivery is subject to service provider availability). • Please note: The above listed rates and referenced disciplines are for technical and professional services only, which do not include any trade installation, trade work, or trade labor.

Clarifications
The liability of Tesco Controls under this Extended Maintenance and System Services agreement shall be limited to the reasonable value of the labor and services to be performed hereunder. Tesco Controls agrees to provide the services referenced herein but does not assume any liability or responsibility for damages caused by a failure of the parts or components referenced herein or the loss of any data. Tesco Controls shall not be obligated under th is agreement to provide an extension of the manufacturer's warranty for any component referenced herein.

Tesco Controls shall not be obligated under this agreement to provide services or repair damage caused by fire, explosion, vandalism, theft, act of God, misuse, or abuse of equipment/components; such equipment may not be serviceable and may need to be replaced. Nor will Tesco Controls be liable for damage caused by unsupervised relocation, repair, or modifications to the equipment/components not performed by Tesco Controls (or previously authorized by Tesco Controls if such equipment is covered by t he "covered components of this agreement").

Please note the following service provisions:

File Ref. 24F219Q01 Page 15 of6

EMASS Service Contract Quotation TESCO CONTROLS
Terms and Conditions
• Contract will be covered 1 year from date of acceptance. ■ TESCO carries liability insurance, with full workman's compensation coverage. • Terms are net 30 days on approved credit accounts.
• Interest will be applied to all past due invoices.

Contract Acknowledgement
The undersigned acknowledges that they have read and understand the above Service Contract offering:

City of Livingston
Company/Agency
Name, Title
Signature
Date
Proposal prepared by:

TESCO CONTROLS
Tony Vaynshteyn
Senior Field Activities Coordinator
[email protected]
File Ref. 24F219Q01
Tesco Controls
Company/ Agency
Name, Title
Signature
Date

TESIID < ww.TescoControls.com
CONTROLS, INC. !( WI
Exhibit B
Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
To: City of Livingston Date: 8/13/2024
Attn: Jesus Chavez
RE: 2024-2025 Extended Maintenance and Systems Services (EMASS) Over the past many years, TESCO Controls, Inc. has been involved with City of Livingston's Control system integration and was a provider of annual support services. During this time TESCO has worked with the City of Livingston to establish program procedures, standards, and methodologies critical to the functionality and operation for the systems deployed by TESCO within the City's control system infrastructure. This includes the quality of integration for process and control strategies, PLC systems, telemetry communications, PLC and SCADA interface, motor control and instrumentation for systems provided by TESCO. TESCO also maintains City's control strategy documentation, and source programming code for these critical systems. As such, TESCO's unique knowledge, understanding and experience with the City's control system makes TESCO the most qualified, cost effective an ideal candidate for continued annual support services.

Additionally, TESCO Controls, Inc. maintains a staff of Electrical and Controls System Engineers, PLC and SCADA programmers and Field Service Technicians in the local area who provide immediate response to the City of Brentwood for any PLC/SCADA, telemetry needs.

When partnering directly with TESCO, City of Livingston is assured of:

1. Knowledgebase, expertise, and system familiarity for timely, cost-effective means of support and project execution.

2. All services performed by a qualified System Integrator who is most familiar with City's control system.

3. Services and performed by a Controls and Systems Integrator who is CSIA "Certified" (by Control System Integration Association) adhering to the highest quality benchmarks.

4. An integration firm with documented 24-hour support services (365 days a year).

5. A partner who continuously works with City's personnel in ongoing efforts to maintain and improve the standards for the system's critical control and data acquisition needs.

We hope that this information proves beneficial and helps secure our continued level of support and service to the City of Livingston.

Sincerely,
TESCO Controls LLC
Tony Vaynshteyn
Senior Field Activities Department Coordinator
tvaynshteyn@tescoco ntrols. com
Corporate Headquarters
8440 Florin Road
Sacramento, CA 95828
Ph: 916.395.8800
Fax: 916.429.2817
Regional Offices
Southern CA
42015 Remington Ave. #102
Temecula, CA 92590
951.308.6450
Central CA
1315-B Dayton St.

Salinas, CA 93901
831.754.6838
Nevada
213 Sage St.

Carson City, NV 89706
800.94.TESCO
File Ref: Sole Source Letter-City of Brentwood
Louisiana
10699 Airline Hwy. Ste. B
Baton Rouge, LA 70816
800.94.TESCO
Page I 1 of 1

CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on September_, 2024, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Tesco Controls, Inc., (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section I 6000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Fees. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $20,000 "Twenty Thousand Dollars" for the Annual Extended Maintenance and System Services (EMASS) contract and not to exceed the maximum contract amount of $15,000 "Fifteen Thousand Dollars" for additional services including emergencies. 01424.0001/1012039. I I

2.2 Invoices. Each year Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding year in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C" and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (I 0%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time 1s of the essence in the performance of this Agreement.
3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period( s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 2

fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 2 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). The City may, in its sole discretion, extend the Term for 2. additional one-year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Tony Vaynshten is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. The City Manager, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
3

5 .I Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 0 I covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to 4

property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. ( c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
( d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or C::ity will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. ( e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s10ns (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for 5

nonpayment for which a ten (I 0) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages 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. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5 .3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or 6

property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such repotis concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release oflnformation.
(a) All information gained, or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, 7

interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.
7 .2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7 .5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of 9

the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or 10

association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and ofno force or effect.

Consultant's Authorized Initials ---

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
11

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CITY:

CITY OF LIVINGSTON, a municipal
corporation
Christopher Lopez, Interim City Manager
CONSULTANT:

Tesco Controls Inc.

By:. ___________ _
Name: Tony Vaynshteyn
Title: Senior Field Services Coordinator
By:. _____________ _
Name:

Title:

Address: 8440 Florin Road, Sacramento, CA
95828, P.O. Box 299007, Sacramento, CA
95829
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 12

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MERCED
On , 2024 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORA TE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
□ PARTNER(S) □ LIMITED
□ GENERAL NUMBER OF PAGES □ ATTORNEY-IN-FACT
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR
□ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 0!424.0001/1012039. I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MERCED
On , 2024 before me, . personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
□ PARTNER(S) □ LIMITED
□ GENERAL NUMBER OF PAGES □ ATTORNEY-IN-FACT
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR
□ OTHER DA TE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01424.0001 ii 0 12039.1

EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Services as outlined in the Tesco Control Proposal titled Scope of Coverage dated 6/27/2024.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Not Applicable
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Provide reports as outlined on the Tesco Control Proposal dated 6/27/2024 on items Motor Control Centers (MCC), Remote Telemetry Units (RTU) and Control Panels (CP) Systems described in the Scope of Coverage
IV. All work products are subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Personnel as outlined in the Tesco Control Proposal dated 6/27/2024. 01424.0001/1012039.I A-1

01424.0001/!012039. I
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
B-1

EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

Scope of Coverage
The following identifies the scope of coverage related to support, service, and covered equipment/systems as part of this Service Contract Package.

Item Description
1 MCC / VFD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services:

TESCO shall provide site. visits to perform specialized preventative maintena nee, including system inspection, verification, and ,equipment deaning. These services will be prescheduled and performed annually onsite,. and include:
• Exterior and Interior checks of the ,cabinet paint condition, door operations, seals, and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if appHcable.
• Remove excessive dust and debris inside the panel
• Visually inspect connections
• Check for moisture intrusion and offer mitigation recommendations • Check for rodent/insect intrusion and offer mitigation recommendations • Check ventilation fans for proper operation and dean fi.tters as needed • Check and record voltages
• Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and abnormal temperature spikes inside the 480V rated equipment. Report to the Owner will only contain images of "irregular temperature recorded". • Check for and document any non-functional components
• Record part numbers and serial numbers of any components (where applicable) that need to be r,eplaced
Item Description
Sites/Equipment Covered:

The above-1,isted support service appl ies to the following sites/equipment:
• One (11 MCC lineup with Control section (Well 14,. TESCO Job# 30209> • One (1) MCC lineup w ith Control section (Well 16, TESCO Job# 32742} • One (1) Outdoor MCC lineup (Well 9)
• One (1) Outdoor MCC lineup (Well 11)
• One (1) MCC lineup with Control section (Well 13,. TESCO Job # 33878► • One fl) MCC-17 lineup {Well 17)
• One 11) Outdoor MCC lineup (Well 12)
• One (1) Outdoor MCC lineup {Tank site,. Tesco job ft 18940) C-1
01424.0001/1012039. I

2 PLC / RTU / control Panel Specialized Preventative Maintenance & Support Services:

TESCO shall pr.ovrde site visits to perform specialized preventative maintenance, induding system inspection, verification, and equipment cleaning. These services will be prescheduled and performed a1nnually onsite, and include:
• Exte.rior and Interior checks of the cabinet paint condition, door operat1ions, seals and gaskets, and checks of door mounted cont'rols and switches.
• Remove excessive dust and debris inside the panel
• Check for moisture intrusion and offer mitigation recommendations • Check for rodent/insect intrusion and offer mitigation recommendations • Check tan and heater functional performance
• V[sually inspect and test the batteries using intelligent battery tester. Battery tester wm provide information about how many amp-hours (AH) capacity batteries have. This test will determine if the batteries still "good" or need to be replaced
• Verify Controller's power supply voltage
• Check and verify PLC processor and 1/0 Modules connections • Chect for excessive heat and loose connections
• Check telemetry equipment cabling and connections
• Seat terminal blocks and all relays
• Check for and document any non-functional components
• Record part numben and serial numbers or any components (where applicable} that need to be rep'laced
Sites/Equipment Covered:

The above-listed support service applies to the following sites/e,quipment:
• One (11 Backwash PLC Control panel (Well 16)
• One (1) Tesco Backwash Reclaim Pump panel (Well 16) ■ One Ill Tesco Sludge Pump panel (Well 161 . One fl) Tesco PLC Control panel (Well 8, Tesco job# 30209) • One (1) Tesco PLC Control panel (Well 8, Tesco Job# 42867) • One (11 Tesco Control panel (Well 9, Job ff 30209}
• One (1) Tesco Control panel (Well 11, Job # 30209)
• One (1) Filter PLC Control panel (Well 13)
• One (1) Tesco Sludge Control panel (Well 13)
• One (11 Filter Conttol panel (We11 17)
• One (1) Main PLC Control panel (Well 17, Tesco job# 38878Xl) • One (1) Tesco PLC panel
Per Rate Schedule Not To Exceed: $20,000.00
01424.0001/ 1012039. l

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services ar e approved per Section 2.3.

Additional SeNices
Addltlonal services which are not Included within the Sef\llce Contract covNagcs (as defined abovcl arc available and c.an be administered through t his. contract_ Such services arc offered at TESCO's "standard rates" per the rate scheduled Included lrnrelo. which will accrue against the induded Allowance or billed separately on a Time•&· material (T&M} basis. There services wll1 be subject to the s!?rvlrn provislons defined herein and scheduled accordingly. Service and support may lnclude any of the following disciplines/items as needed to fulfill the additional scrvirn requests.
• Field Service Tcchnldan - to provide field support and services. Including. but not limited to Instrumentation troublt?Shootlng, callbratlon. and loop testing; electrical control modifications; Infrared Thermal Image Scan(sl for verifying/Identifying poor connections, resistive Nhot spots", and potentially falling equipment, c-ontrol system troubleshooting; motor control support services (e.g. VFO's, RVSS's, Pump Control Panels, etc.} and communication system service. • PLC Programmer - to provide PLC programming support and services as ne-eded, Including, but not limited to troubleshooting, program modifications, OIT programming sC1"1/ices, and training.

SCAOA Programmer - to provide SCADA support and services as needed, Including, but not limited to software troubleshootlng; support services for system tags, database, telemetry/communications, alarming systems, reporting, and graphics support; networking support; programming modifications; and training. (Note: Latest SCADA system software updates should be available whlle under terms of the contract) Engineer - to provlde engineering and consulting support and s~ices ,elated to electrical control and system engineering, Including, but not limited to electrical control system assessment. tracing, engineering, and as-built drawings; control system operations engineering; system documentation; and training.

Materials, travel. eKpenscs, and/ or ttil,d•party services will be blllcd separate.Iv. Any matC!rlal required shall be approved by owner/wsMmcr prior to procuremoot.

Rate Schedule
The following rate schooule Identifies the Professional Servict?S offered by Tesco Controls for Technical Support Services only. Please note that this rate schedule is not Intended for use with Task Orders or project scopes of work, whlch shall be admlnlsternd separately from this Service and Support Contract (TESCO can negotiate and quote these separate woa efforts, as needed). This rate schedule applies to the services and support covered by this Service Contract per the appllrable rate category, as well as the additional service-s that arc rendered for anclllary support effort (which Is performed per the standard rates and provisions defined below).

The following are Tesco's currcmt professional service rates for year 2024 Including the escalation rate schedule for service type and category. The rates shown below indude the direct hour1y rate only and do not Include expenses related to business tra11el, ME&I costs, par diem, or other mlscellanoous fees. If needed, pleasa consult with Tesco representative for travel-loaded rata.s which arc evaluated c.ase-by-case upon reque-st.

Prc fess'cncJ Serv :::e~ Stan oar o Pre fY' iu r" ::rnergency Service -:crtr: Scrv ces SC(\•ICf:'.:i CortrGCt$
Factory Repairs SlSO $160 $190 $140
Englnaerlng. Support $180 $190 $230 $170
Drafter /Designer $190 $200 $240 $180
Project Engmeer $215 $225 S270 $205
Project Manager $250 $260 $:UO $240
PLC Applications Programme, $225 $23S $280 $215
SCADA Appllcatlons Programmer $225 $235 $280 $215
Field Service Engineer/Specialist $225 $235 $280 $215
01424.0001/1012039. I

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

V. Consultant's billing rates for all personnel are attached as Exhibit C-2. 01424.000J/1012039.1

01424.0001/1012039. I
EXHIBIT "D"

SCHEDULE OF PERFORMANCE

NOT APPLICABLE
D-1

STAFF REPORT
AGENDA ITEM: Resolution approving an Architectural Services contract to SVA Architectural, Inc., in the amount not to exceed $1,298,191 for the design of the Livingston Rec Plex. (Proposition 68 Grant) MEETING DATE: September 17, 2024
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Approve a Resolution approving an Architectural Services contract to SVA Architectural, Inc., in the amount not to exceed $1,298,191 for the design of the Livingston Rec Plex. (Proposition 68 Grant).

BACKGROUND:

The City of Livingston was awarded a grant of $7.3 million grant for the land acquisition and development of the Livingston Rec Plex in December of 2021. The city council in January of 2023 approved a site plan also allowing Dahlin to develop and go through the RFP process.

Eight Architectural Firms applied and four were interviewed based on their qualifications and completion of the RFP package. Dahlin Group previewed all eight of the packages and referred four to the city for review and selection of them for the short list interviews.

Interviews with these four firms were done over a two-day period. Staff to include the Interim City Manager, Recreation Superintendent, Public Works Director and Dahlin held the in-person interviews. All four firms were very talented and had the credentials to take the project to the finish line. At the end of the day one firm was selected unanimously by both Dahlin and City Staff and that firm was SVA.

The professional services agreement developed by Aleshire & Wynder; LLP is the contract that is attached.

FISCAL IMPACT:

The services rendered pursuant to the contract SVA shall be compensated in accordance with the “Schedule of Compensation” attached as Exhibit C in the professional services agreement not to exceed $1,298,191 (Account 1301-600-7609) The compensation has been appropriated and approved in the FY2024-2025 budget. Future year allocations will be budgeted within each fiscal year.

These funds will be fully reimbursed by the $7.3 million grant that the city was awarded.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AN ARCHITECTURAL SERVICES CONTRACT TO SVA ARCHITECTS, INC., IN THE AMOUNT OF $1,298,191 FOR THE LIVINGSTON REC PLEX (PROPOSITION 68 GRANT) WHEREAS, The City of Livingston was awarded a grant for 7.3 million dollars for the land acquisition and development of the Livingston Rec Plex in December of 2021. By council approval the city has acquired a project manager, Dahlin Group to work along with staff to take the project to the finish line; and
WHEREAS, The City Council in January of 2023 approved a site plan also allowing Dahlin to develop and go through the RFP process. Eight Architectural Firms applied and four were interviewed based on their qualifications and completion of the RFP package. Dahlin Group previewed all eight of the packages and referred four to the city for review and selection of them for the short list interviews: and
WHEREAS, Interviews of these firms were done over a 2 day period. Staff to include the interim city manager, recreation superintendent, public works director and Dahlin held the in-person interviews. All four firms were very talented and had the credentials to take the project to the finish line. At the end of the day one firm was selected unanimously by both Dahlin and City Staff and that firm was SVA Architects, Inc. (SVA); and WHEREAS, the City Council has received the recommendation and now desires to approve an agreement with SVA in an amount not exceed $1,298,191.00 and authorize the Interim City Manager to execute the same on behalf of the City consistent with the requirements of Prop 68.

WHEREAS, The compensation has already been appropriated within the grant as well as the 1301-600-7609 fund.

NOW, THEREFORE, BE IT RESOLVED, , by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution that the City Council hereby approves a professional services agreement with SVA Architectural & Engineering Design and Consultant for the design of the Livingston Rec Plex project pursuant Prop 68, in an amount not to exceed $1,298,191.

Section 2. The City Council further authorizes the Interim City Manager to execute the same on behalf of the City and make any non-material changes to the same subject for approval as to legal form by the City Attorney.

Section 3. Authorizes the Finance Department to make any budget adjustments and appropriations not to exceed $1,298,191. Future year allocations will be budgeted for within each fiscal year.

I hereby certify that the forgoing Resolution No. 2024-_____ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the city of Livingston at a regular meeting thereof duly held on the 17th day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: _____________________
Jose A. Moran
Mayor of City of Livingston
ATTEST

_____________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________
Roy C. Santos, City Attorney

01222.0001/643601.1 1

CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on August 30, 2023, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and SVA Architects, Inc. (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $1,298,191 Dollars (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by

2 City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,

3 riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding four years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for four additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Nathan Herrero, SVA Architects is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Stephanie Fujimura, DAHLIN [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

4 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5 (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

6 (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages 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. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified

7 Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

8 (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or

9 different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination.Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

11 8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]

12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LIVINGSTON, a municipal
corporation
Jose A. Moran, Mayor
ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONSULTANT:

SVA Architects, Inc.

By:

Name: Nathan Herrero, AIA, LEED AP
BD+C
Title: Principal/Vice President
By:

Name:

Title:

Address: 7901 Stoneridge Drive, Suite 100
Pleasanton, CA 94588
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MERCED
On __________, 2023before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. □
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□ □
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□
□

01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MERCED
On __________, 2023before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. □
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01222.0001/643601.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Architectural, landscape, interiors, stormwater, utility, lighting, signage, security, waterproofing, energy management, operations/maintenance, AV/IT, acoustical, vehicular circulation, parking, and park design
B. Civil, structural, mechanical, electrical, and plumbing engineering C. Demolition phasing, Planning Design Review submittal, permit procurement, value engineering, commissioning, project close out
D. Code, accessibility, and CEQA/NEPA compliance
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Contract documents
B. Project documentation necessary to manage the design and engineering process.

C. Cost estimates: SD - two ROM estimates (one per option), DD – at 100% completion, CD – at 60% and 90% completion, and at 100% Construction Documents/Bid Set.

D. Project schedule
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Progress reports with each monthly invoice
B. Council and Subcommittee Meetings pertaining to the project C. Reviews and submittals, at a minimum, at the completion of Conceptual Design, Schematic Design, and Design Development. Reviews and submittals, at a minimum, at 60% Construction Documents, 90% Construction Documents, and 100% Construction Documents/Bid Set.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

01222.0001/643601.1
V. Consultant will utilize the following personnel to accomplish the Services:

A. Nathan Herrero, Principal-In-Charge, Sr. Project Manager B. Christopher Bradley, Sr. Project Architect
C. Robert M. Simons, Architect of Record
VI. For additional responsibilities, see Attachment A for Request for Proposal and Attachment B for Proposal Response.

01222.0001/643601.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

C-1
01222.0001/643601.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

SUB-TASK SUB-BUDGET

1. Task 1A Project Kickoff $9,821

2. Task 1B Programming &
Concept Design
$50,605

3. Task 1C Schematic
Design
$177,778

4. Task 2A Design
Development
$273,526

5. Task 2B Construction
Documents
$473,446

6. Task 2C Permitting $33,792

7. Task 3A Bid Support $26,145

8. Task 3B Construction
Administration
$209,558

9. Task 3C Close Out $23,520

10. Reimbursable
Expenses
___________ $20,000
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

01222.0001/643601.1
B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

VII. For additional fee information, see Attachment C for Fee Proposal.

D-1
01222.0001/643601.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Deadline Date
A. Task 1ABC January 2025
B. Task 2ABC December 2025
C. Task 3ABC August 2027
II. Consultant shall deliver the following tangible work products to the City following every Sub-Task.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

IV. For additional responsibilities, see Attachment A for Request for Proposal and Attachment B for Proposal Response.

CITY OF LIVINGSTON
1416 C STREET
LIVINGSTON, CA 95334

REQUEST FOR QUALIFICATIONS/PROPOSALS

FOR THE LIVINGSTON REC PLEX

ARCHITECTURAL & ENGINEERING

DESIGN AND CONSULTANT SERVICES
Release Date: May 13, 2024
Mandatory Pre-Submittal Meeting: May 30 at 11:00 am
Submission Due Date: June 21, 2024 by 4:00 p.m.

RFPs shall be delivered electronically per the detailed Submission Instructions

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 2 City of Livingston – Livingston Rec Plex

TABLE OF CONTENTS
I. INTRODUCTION & PROJECT DESCRIPTION ........................................................................................3 A. Invitation .....................................................................................................................................3 B. Background & History..................................................................................................................3 C. Project Description......................................................................................................................3 D. Budget .........................................................................................................................................9 E. Project Schedule..........................................................................................................................9 F. Additional Documents...............................................................................................................10 II. PROPOSAL SUMBITTAL ....................................................................................................................11 A. Inquiries/Clarifications ..............................................................................................................11 B. Schedule for Submittal and Selection .......................................................................................11 C. Submission Instructions.............................................................................................................12 D. Required Format for Proposals .................................................................................................13 III. SCOPE OF SERVICES .........................................................................................................................20 A. Basic Services & Additional Services .........................................................................................20 B. Work Plan ..................................................................................................................................21 C. Task Expectations and Deliverables ..........................................................................................25 IV. QUALIFICATIONS EVALUATION, SELECTION, NEGOTIATION AND AWARDS PROCESS....................36 A. Evaluation Criteria .....................................................................................................................36 B. Submissions...............................................................................................................................37 C. Selection of Preferred Proponent and Award of Contract........................................................39 D. Form of Contract .......................................................................................................................40 E. Insurance and Indemnifications Requirements ........................................................................40 V. PROTEST PROCEDURE......................................................................................................................41 VI. WARRANTY / MAINTENANCE AND SERVICE………………………………………………………………………………..42 VII. GENERAL CONDITIONS…………………………………………………………………………………….............................42 APPENDICES ...........................................................................................................................................48 Appendix A: Form of Proposal.........................................................................................................49 Appendix B: Conflict of Interest Statement.....................................................................................50 Appendix C: NOT USED....................................................................................................................51 Appendix D: Project Schedule..........................................................................................................52 Appendix E: Definitions ...................................................................................................................53 Appendix F: Design Professional Service Agreement......................................................................54 Appendix G: Debarment, Suspension, and Ineligibility Certification ..............................................55 Appendix H: Conceptual Plan Figures………………………………………………………………………………………….57 .............................................................................................................................................................

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 3 City of Livingston – Livingston Rec Plex

I. INTRODUCTION & PROJECT DESCRIPTION
A. Invitation

1. The City of Livingston (“City”) is requesting written Proposals (“Proposals”) of licensed professional architectural/engineering firms/team (“Consultant”) with a combined experience in planning, architecture, landscape architecture, parks and recreation, community/recreation center architecture, and engineering design development, construction cost estimating, preparation of construction and bid documents, and design support during demolition, construction and code required building commissioning (collectively “Services”). The City is specifically seeking the services of a design team with highly successful recreation and community center design experience, experience in designing creative projects that are environmentally responsible and resource efficient, along with the incorporation of innovative technologies, as well as experience working with the public sector.
a. DAHLIN serves as City Project Manager and is excluded from proposing.

B. Background & History

1. On December 8, 2021, the City of Livingston was awarded a $7.3 M grant for the new Livingston Rec Plex via Proposition 68 – the California Parks, Environment, and Water Bond Act of 2018. The grant included $1.9 million for the acquisition of a second parcel to house a new community park. .

2. On July 21, 2022 a "Passing of the Keys or Completion" Ceremony was held on the site and the Livingston Farmers Association passed the building keys to the City. At this Ceremony, DAHLIN was announced as the Project Manager.

3. Programming and test fit for a Conceptual Building Plan and Master Site Plan was completed by DAHLIN in January 2023. See Appendix H . The City of Livingston approved the Conceptual Building Plan and Master Site Design as a basis of design for providing to the Consultant for reference. It is not intended to be a final conceptual design.

C. Project Description

1. The existing project is currently spread over 3 total parcels, all of are owned by the City. a. An existing 25,000 sf warehouse and distribution center building on a 0.78 acre lot (APN 024-153-011)
b. 0.26 acre vacant parking lot (APN 024-153-003)
c. 1 acre undeveloped lot (APN 024-154-005)

2. The Conceptual Site Layout and Design (Figure 2), will serve as the starting point for the Consultant’s Conceptual and Schematic design work. Split between three parcels, the Project site is approximately 2.05 acres in total, located three blocks east of City Hall,

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 4 City of Livingston – Livingston Rec Plex

between C and D Streets, adjacent to the Union Pacific railroad line. Based on the Conceptual Building Plan and Master Site Plan, the immediate site around the former renovated packing shed facility is envisioned to feature parking, areas for outdoor seating, and displays of public art. For the parcel east of 7th Street, adjacent to C Street, the Conceptual Site Plan envisions approximately 1.0 acre of dedicated parking, a combined restroom/shelter overhang, permanent game tables, large playground, splash pad, and ninja gym.

The Conceptual Site Plan (Figure 2), is created to address the needs for parking and outdoor recreation facilities. The Conceptual Facility Plan (Figure 3) features a single renovated 24,200 SF single story building with space dedicated to the recreation center and basketball courts, Multipurpose rooms, Teen/Senior Facilities, administrative and support space, commercial kitchen facilities, and 305 SF to public works storage. The existing building was originally built in 1910 and previously owned by the Livingston Farmer’s Association. The proposed design should maintain the industrial feel and commemorate the history of the existing building. The existing railroad tracks just to the north of the building is envisioned to host a public art feature depicting the history of the site when it was still a Grower’s Co-op. All lighting fixtures, electrical panels, and HVAC will be removed and replaced to accommodate the new program. All restrooms will have to be upgraded for ADA compliance. The interior finishes and exterior siding will need to be brought up to date to reflect the program.

3. The Project also includes the closing of 7th street between C Street and D Street to create a pedestrian friendly area between the Park and Rec-Plex facility. The City has started the street closure process with the Planning Department.

4. The City intends to Phase the project into 2 phases, as shown in the Phased Plans (Figure 4). All components identified in the Prop 68 Grant must be included in Phase 1. Phase 1 is to include all exterior building improvements as well. Phase 2 encompasses the additional programs elements that the City would like to incorporate.

5. Initial Studies and Reports
a. CEQA / NEPA
i. CEQA for the existing warehouse parcel (APN 024-153-011) is not required.- it is exempt. NEPA compliance may be required for the building portion of the project. ii. CEQA / NEPA compliance will be required for the park parcel (APN 024-154-005) and for the parking lot parcel (APN 024-153-003). NEPA compliance will also be.

This will be the responsibility of the Proposer.
iii. It is anticipated that the project will meet one or more categorical CEQA and NEPA exemptions. Proposer will be responsible for verification and processing.

Associated required studies/ reports required should be incorporated into the

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 5 City of Livingston – Livingston Rec Plex

Proposer’s scope of work.
b. A Phase 1 Hazardous Materials report for the entire structure was completed in March 2023 (report can be provided upon request). Phase II Environmental Site Assessment may be required and will be the responsibility of the Proposer. c. Geotechnical Investigation and Report were completed in April 2023 (report can be provided upon request).
d. Structural Assessment has not completed and will be the responsibility of the Proposer.

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 6 City of Livingston – Livingston Rec Plex

Existing Site (Figure 1)

Conceptual Site Plan (Figure 2)
0 REC PLEX PARKING
• PUBUCART
• LOBBY
0 RECCENTER
0 TEEWSENIOR LOUNGE
0 OFFK:E

CSTREET
I __________ ..J

DSTREET
• COMMUNITY CENTER

KITCHEN
0 PUBUC WORKS STORAGE
• PARK PARKING

SHELTER OVERHANG
• RESTROOMS
PARCEL#2
APN 024-154-005

CD LARGE PLAYGROUNO

SPLASH PAD

C) NINJA GYM
.. -- ......

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 7 City of Livingston – Livingston Rec Plex

Conceptual Facility Plan (Figure 3a)
* Program Items to be included in Phase 1 – highlighted in Orange in Figure 4

BUILDING PROGRAM AREAS
* Entry Lobby 569 S.F.
* Entry Lounge 1,140 S.F.
* Basketball Courts 10,940 S.F.
* Women’s Restroom (at Lounge) 150 S.F.
* Men’s Restroom (at Lounge) 118 S.F.
* Equipment Storage 288 S.F.

Senior/Teen (ST) Lounge 1,300 S.F.

ST Storage 150 S.F.

ST Storage 133 S.F.
* ST ADA All Gender Restroom 54 S.F.

ST Restroom 42 S.F.

Recreation Office 510 S.F.

Private Office 206 S.F.

Break Room 125 S.F.

Lounge / Viewing 1,364 S.F.
* Classrooms 1,996 S.F.

Active Studio 916 S.F.

Conference Room 422 S.F.

Garage 423 S.F.

Janitor 150 S.F.

Unisex Restroom (CC) 80 S.F.

Men’s Restroom (CC) 162 S.F.

Women’s Restroom (CC) 169 S.F.
* Kitchen & Concessions & Stg. 1283 SF.

TOTAL APPROXIMATE GSF 24,200 SF.

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 8 City of Livingston – Livingston Rec Plex

Conceptual Park Plan (Figure 3b)

PARK PROGRAM ELEMENTS
* Parking lot
* Ninja gym
* Shade structure
* Picnic tables & grills
* Playground
Walking paths
Splash pad
Restroom building
* Lawn/Turf space
* Program Items to be included in Phase 1 – highlighted in Orange in Figure 4

6. The Conceptual Facility Plan (Figure 3a) serves to identify essential community needs relative to the new program needs and, as importantly, confirmed that those needs could be met on the site and surroundings of the existing facility. Using the elements of the Conceptual Plan as a general framework, the City invites and encourages the creativity, vision, and experience of the selected design team to envision a fully functional facility from the renovated building and adjacent park. The facility will prioritize flexible spaces for a variety of programs serving all ages, efficiency in operation and staffing accommodation, and attention to design keeping the industrial feel and history of the existing building.

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 9 City of Livingston – Livingston Rec Plex

Phasing Plan (Figure 4a)
Program Items in Orange to be included as part of Phase 1.

Program Items in Purple to be included as part of Phase 2 D. Budget
The City has established a preliminary construction budget of $7.3M million dollars for Project (both Phases 1 and 2) based on Cost Estimate provided by DAHLIN/CUMMINGS in May 2023. The Project is funded using the Prop 68 Grant. The City is actively seeking other sources to fill the funding gap. The selected consultant will work with the City’s team to validate, continually update, and adjust the Project budget and schedule as required, through all tasks of the design and regulatory permitting processes. Consultants are to be aware of this budget as the City will regard the Consultant’s respect of and adherence to budget constraints with this Project as a key consideration. Consultant’s response shall include insight to budget strategies including smart design, , phasing, etc.

E. Project Schedule
As a Prop 68 awarded Project , Phase 1 of the Project must be completed and open for operations by March 2028. Anticipated Design and Construction Schedule is outlined in Appendix D.

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 10 City of Livingston – Livingston Rec Plex

F. Additional Documents Available
City Website: https://www.cityoflivingston.org/recreation/page/livingston-rec-plex-prop-68

1. Prop 68 Submission Narrative Final

2. Conceptual Drawings presented to the Community

3. Award Announcement

4. Executed Grant Contract with State

5. Rec Plex ReZone

6. Proposed Site Plan

7. Overall Cost Estimate Summary Page

8. Civil Survey – Available to successful proposing team after award

9. Geotechnical Report – Available to successful proposing team after award RFP Appendices

1. Appendix A: Form of Proposal

2. Appendix B: Conflict of Interest Statement

3. Appendix C: Not Used

4. Appendix D: Draft Project Schedule

5. Appendix E: Acronyms / Definitions

6. Appendix F: Design Professional Service Agreement

7. Appendix G: Debarment, Suspension, Ineligibility Certification

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 11 City of Livingston – Livingston Rec Plex

II. PROPOSAL SUBMITTAL
A. Inquiries / Clarifications
All requests for clarification for this RFQ/P must be in writing and directed to:

Stephanie Fujimura – Project Manager – DAHLIN
(925) 251-7288
[email protected]
Requests for Information / clarification must be received in writing by June 7, 2024 at 5:00pm. Clarification responses will be provided to all Consultants that have expressed interest in this RFP. The City will not respond to verbal questions submitted by telephone or in person.

B. Schedule for Submittal and Selection

TASK DATE/TIME
RFP Issued 5/13/2024
Pre-RFP Mandatory Site Walk/ Conference 5/30/2024 @11
am
Deadline for Submitting Questions 6/7/2024
Addendum Issued 6/14/2024
Submission Deadline for RFP 6/21/2024 @ 4:00 pm
Issue Notice of shortlist for Interviews 7/15/2024
Shortlist Interviews (in person) Week of
7/29/2024
City Selection of Firm 8/9/2024
Start of Design Services 9/2024

1. A MANDATORY Pre-Proposal meeting and site walk will be held at the existing building on
May 30, 2024 at 11am. Respondents will have an opportunity to ask questions about the RFP, including Proposal requirements and procedures, the services required, and Project details.

Project Site:
641 6th Street
Livingston, CA 95334
Those who are interested must register as a prospective proponent by sending an email notice of intent to attend to the Project PM –
Stephanie Fujimura - ;[email protected]

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 12 City of Livingston – Livingston Rec Plex

FTP upload links will be provided to those who RSVP and attend.

2. The City reserves the right to revise the RFP prior to the indicated due date and may extend the due date for the RFP for any reason, including significant revisions to the “Scope of Services” or cancelation / withdrawal of the RFP. Material changes, if any, to the scope of services or proposal procedures will only be transmitted by written addendum and posted to the City website. Addendums and answers to submitted questions will be provided per schedule below.

C. Submission Instructions

1. Submission Directions - All Proposals must be submitted electronically to the designated FTP site. RFP responses that do not arrive by the specified dates and times will be considered non-responsive. Proposers may submit their proposal any time prior to the above stated deadline.
a. Electronic Submittal: One (1) electronic, PDF format copy of the RFP response must be received by 4:00 pm PST June 21, 2024 .prevailing local time.

Submissions must be clearly marked
• TWO separate PDF’s are to be uploaded:
1 “City of Livingston Rec Plex – Design Services– Envelope AFIRM NAME”

2. “City of Livingston Rec Plex - Design, Architectural and Engineering Services Proposal – Envelope B-FIRM NAME”
• Cover Page must include the proposer’s name, address, and telephone number.
• Each Prime Proposer that is registered at the Mandatory Site Walk will be provided a set of detailed instructions including a unique link, password and FTP upload instructions for Electronic Submittal of Proposal.
• All Electronic Submittals will be timestamped based on the receiving FTP site electronic timeclock. The Prime Proposer is responsible for providing themselves sufficient time to upload their document prior to the stated deadline.
•
• Proposals received that do not conform to submittal requirements above, will be considered nonresponsive, and will be returned unopened to the proponent.
• Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant. • Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 13 City of Livingston – Livingston Rec Plex

2. Submissions shall include:

ENVELOPE A – RESPONSE TO REQUEST
• Responses relating to the proposed scope of services, qualifications, and relevant experience and Projects. - RFP content as identified in Section III Required Format for Proposals
• Form of Proposal (Appendix A) signed by a person legally authorized to bind the firm/consultant
• Signed Addendum Acknowledgement Form(s)
• Conflict Interest Statement (Appendix B)
• Comments on or confirmation of City’s Standard Design Professional Service Agreement (Appendix F)
ENVELOPE B – FEE PROPOSAL
• Fee Proposal utilizing the FEE PROPOSAL MATRIX (Appendix C) to provide services for the work and the terms thereof as described, including maximum limits not to be exceeded
• Hourly rate sheets for each Consultant and all Sub-Consultants

3. Additional Terms and Conditions
a. The terms and conditions of the proposal offer shall remain firm and open for acceptance by the City for a minimum of ninety (90) calendar days from the date of closing.
b. Submissions become property of the City of Livingston and will not be returned.

Submissions will be held in confidence unless otherwise required by law. c. The City reserves the right (in its sole discretion) to determine the completeness of all proposals.

D. Required Format for Proposals

1. RFP Response
The RFP Response should be presented in a format that corresponds to and references sections outlined below and should be presented in the same order.

Responses to each section and subsection should be labeled to indicate which item(s) are being addressed. For ease of evaluation, proposals should be presented in the format described within this RFP. Please provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Descriptions on how any-and-all equipment and/or services will be used to meet the requirements of this RFP shall be provided in detail, along with any additional information

CITY OF LIVINGSTON
RFP – Architecture and Engineering Design and Consultant Services Page 14 City of Livingston – Livingston Rec Plex

documents that are appropriately marked.

2. Format
The City requires a specific format for the Statement of Qualifications and Proposal. The Sections of the Statement of Qualifications shall adhere to the page limitations set forth below. All Proposals shall also adhere to the following specifications:
• Primary page size: 8.5” x 11”
• Margins: Minimum one inch
• Font size / Spacing: Calibri, Minimum 11 point, 1-1/2 spaced for text and a minimum of 8 point for graphics
• Maximum 20 pages, double sided
o Covers (front and back) and dividing tabs are not included in overall page count
o Appendices are not included in overall page count
• Cost proposal in separate PDF (ENVELOPE B) – excluded from page limit – will be reviewed after Qualifications based selection is made.

3. Response to request
The primary response to this RFP shall be submitted in a sealed envelope / digital package, separate from your fee proposal. At a minimum, the response shall contain the following:
a. Cover Letter (1 page)
• The cover letter shall include a summary of the Statement of Qualifications, including a brief description of the proposed Team/Firm, Principal-in-Charge and key Project team members.
o City prefers the Prime proposing firm to be an Architecture firm b. Company and Background (up to two (2) pages)
• Proposers must provide a company profile. Information provided shall include:
• Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation. An out-of-state Proposer must register with the State of California Secretary of State before a contract can be executed (http://www.sos.ca.gov/business/)
• Location of the company offices and location of the office servicing this Project.
• Name, address, and telephone number of the Proposer’s point of contact for a contract resulting from this RFQ
• Number of employees both locally, regionally, and nationally • Company background/history and why Proposer is qualified to provide the

CITY OF LIVINGSTON 3/24/2024
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Services described in this RFQ.
• Length of time vendor has been providing services described in this RFP to the public and/or private sector. Please provide a briefdescription. • Errors and Omissions Claims History within the past 10 years. • A complete disclosure of any alleged significant prior or ongoing contract failures, any administrative proceedings, civil or criminal litigation or investigation, claims, lawsuits, or other exposures pending which involves the vendor or in which the vendor has been judged guilty or liable. • Financial Stability: The firm should demonstrate financial stability and capability in the following manner:
o Corporate history
o Years in existence
o Size of corporation
c. Firm Project Profile, Related Project Experience and References (up to six (6) pages) • Provide team approach, process, experience, and previous professional work in similar public Projects.
• Illustrate ability to Project manage and meet Project schedules and budgets, ability to communicate well with both design and construction personnel, and prior experience with public sector clients including the City of Livingston will also be some of the attributes considered in the selection of a consultant. • Project Experience: Provide information for five (5)) similar Projects, either in progress or successfully completed, to demonstrate the relevant experience of the firms included on the team, including related work with public sector agencies such as the City of Livingston and other municipalities. o Include Project descriptions, status of the Projects / date completed, procurement method, construction costs and dollar values of services provided. The focus should be on experience for municipal Projects of similar type (Recreation and Community Centers) value and complexity. • Only recent Projects, preferably Projects completed in the past ten years, should be included in this section. Do not include Projects by the firm unless the key staff proposed had a significant role in the provided Project. • References: Firms should provide a minimum of three (3) references from similar Projects performed, by the prime firm within the last ten years.

Information provided shall include:
o Client name, title, and contact information;
o Project description;
o Project dates (starting and ending);
o Services rendered;
o Staff assigned to reference engagement that will be
designated for work per this RFP;
o Project Construction Cost;
o Client Project manager name and telephone number.

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• City of Livingston Design Professional Services Agreement review: Principal-inCharge shall make a commitment to accept the terms and conditions in the RFP and proposed contract, including acknowledgment of receipt of all amendments and/or addenda to the RFQ/P. If there are any exceptions, they shall be noted here. Should the requested exceptions and contract language changes be determined unacceptable, the proposal may not be further considered by the City’s selection committee.
d. Project Understanding and Approach (up to six (6) pages) • Demonstrate an understanding of the Project and scope of services. It should describe the A/E Team’s specific approach, organization, and staffing key to the successful completion of THIS Project. It is not intended for the preliminary scope of services to be repeated in this section.
• Suggested revisions, specific approach and / or additional scope of service items should be included in this section, along with the firm’s overall understanding and approach specifically regarding the unique characteristics and challenges this Project entails.
• Identify Project deliverables that are appropriate to schedule and scope set forth in RFP requirements.
• Describe your proposed Cost Control and Project Budgeting Methodology.

Provide evidence of successful budget management for a similar Project. • Analysis of proposed Project Schedule.
e. Project Team Organization including subconsultants (up to two (2) pages) • Identify specific Personnel that will be assigned to this Project and their role. • For each individual, identify team role and office location. • Subconsultant Information
• Identify specific subconsultant and the specific requirements of this RFP for which each proposed subconsultant will perform services. • An official of each proposed subconsultant must sign and include as part of the response to this Proposal, a statement to the effect that the subconsultant has read and will agree to abide by the awarded Proposer’s obligations.
f. Staffing Resources, Qualifications and Staff References (up to four (4) pages) • Identify all proposed key personnel responsible for accomplishing all tasks of the contract.
• Identify the qualifications and related experience of key staff assigned to the contract through an abbreviated resume (full resumes may be included in the appendix). These resumes must identify Projects performed of comparable scope performed within the last ten years. Each resume shall also include number of years employed in the respective field, and how long the individual has been employed by Proposer / consultant firm.

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o Provide a minimum of two references for each key staff member. • The Statement of Qualifications shall include a matrix of all key personnel’s percentage availability throughout the Agreement’s duration, and any known assignments that will overlap with this Project duration. • The Firm’s Principal-in-Charge for the City of Livingston Project shall be the responsible Principal in charge of the Project design and oversee all elements of the services rendered and deliverables submitted. His or her Project experience, qualifications (including any-and-all licenses and certifications), managerial skills, should be demonstrated. It is required, that the proposed consultant Project Architect have recent experience in the design of new and recreation facilities.

Other factors for the basis of contract selection include the ability to respond to short timelines, to establish consensus amongst stakeholders and develop high quality and well-coordinated plans and other documents. Ability to manage design teams, ability to negotiate on behalf of the City’s interest with design and engineering teams, and ability to solve difficult problems which arise during the planning and design tasks of the Project shall be considered in the selection of a Project Architect.
• Subconsultant Information
• Identify specific subconsultant and the specific requirements of this RFP for which each proposed subconsultant will perform services. • An official of each proposed subconsultant must sign and include as part of the response to this Proposal, a statement to the effect that the subconsultant has read and will agree to abide by the awarded Proposer’s obligations.
• Identify successful Projects that Subconsultant has completed with Prime Consultant.
• Individuals that will be principally responsible for working with the City as the design team shall attend the interview / in-person presentation if the respondent is chosen as a finalist.
• The City reserves the right to approve any-and-all key personnel individually for work on this contract.
• Key staff shall be named in the contract. After the contract is signed, the Proposer may not replace key staff without written permission from the City.

The City must approve replacement of key firm’sstaff before a substitute person is assigned to and engaged in the Project. The City reserves the right to request a Proposer replace a staff person assigned to the contract should the City deem a replacement will be for the good of the Project.
• It should be noted that the individuals representing the team will be reviewed in concertwith the firm’s accomplishments.

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• Include full resumes for all key consultant and subconsultant staff in Appendix
g. Appendix A (no page limit)
• Provide full resumes of main staff & proposed support staff and subconsultants, firm information directed to be provided in appendices above, and relevant Project collateral information may also be included in this section.
• Other than staff resumes, firm and Project information, appendix information will not be considered in the scoring and ranking of the firms submitting Statements of Qualification.
h. Appendix B (no page limit)
• Provide a signed copy of the conflict-of-interest statement. i. Appendix C (no page limit)
• Provide signed copies of Addenda review statements
j. Appendix D (no page limit)
• Provide a proposed project schedule
i. Appendix F (no page limit)
• Provide a statement of acceptance for the Design Professional Agreement, or note any exceptions to the agreement.
j. Appendix G (no page limit)
• Provide a signed copy of the debarment, suspension, and ineligibility certification.

4. Fee proposal
Provide your Fee Proposal as a separate attachment – ENVELOPE B. Fees will not be reviewed prior to Shortlisting of Teams. Provide:
a. Completed Fee proposal
• Schedule of fees for all disciplines that may participate in the Project broken down by Tasks listed in Scope of Services
• Total fees broken down as percentage for each stage of the Project; design (pre- construction), construction and post construction. • An estimate of direct reimbursable expenses
b. Delineated Scope of Services and Deliverables in alignment with proposed fees. • Clearly identify and provide proposed fee for any recommended additional/ alternated services

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5. Hourly rate sheet
a. Provide hourly rate sheets for prime consultants & subconsultants proposing services for this RFP included on the Project team.

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III. SCOPE OF SERVICES
The following preliminary scope of services is included as the minimum services required by the Awarded Consultant. Firms are encouraged to provide additional details and/or value additions to the proposed scope of services to be included in the RFP.

A. BASIC SERVICES & ADDITIONAL SERVICES
The services shall be performed in accordance with all latest applicable codes, standards, and regulations under the direction and control of a Registered/Licensed Design Professional in the State of California, licensed to provide these services.

In addition to the recommended professional Services noted below, please provide the following as an ADDITIONAL SERVICE:
o Grant Research and Grant Writing
The Awarded Consultant will be referred to as the Prime Consultant, and shall include all design, documentation, and construction administration services necessary to provide the City with a complete, successful Project. The following is a list of recommended professional services to be included - proposers are not limited to this list.

Demolition phasing and contract
documents
Architectural design
Landscaping design
Stormwater Design
Civil Engineering & Survey
Wet and dry utilities design
Joint Trench Engineering and Design
Structural Engineering
Mechanical, Electrical and Plumbing
engineering
Lighting design
Pedestrian, Bicycle and Vehicular
Circulation and Parking design
Basis of Design for Security / fire
alarm / Fire Sprinkler
Basis of Design for Energy
management
Interior, furniture, fixtures and
equipment design and
Procurement assistance
Signage & graphics design –
monument signs and building
signage
Life cycle and operations /
maintenance program design
Cost estimating and scheduling
Low-Voltage (audio-visual,
telecommunications, internet
technology, etc.) including PA and
Speaker Systems.

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B. WORK PLAN

1. ADMINISTRATION AND MANAGEMENT
a. The Principal-in-Charge shall establish a Project organization team to manage the services and shall coordinate and administer all services performed by it and its sub-consultants. The Principal-in-Charge shall provide a detailed plan for Project management, communication/ coordination, and quality control to ensure successful and timely completion of the detailed plans and contract documents.

Such management activities and controls shall include, but not necessarily be limited to the following:
• Develop Project documentation necessary to manage the design and engineering process
• Establish and update time schedules for the completion of document milestones and coordinate these with City where work is contingent upon City input
• Regularly monitor the time expended and quantities and quality of work performed by PA staff and sub-consultants
• The selected consultant shall, at the request of the City, attend City of Livingston Council and Subcommittee Meetings pertaining to the project through all tasks of this Project until final completion. Please include adequate number of meetings with City staff and with stakeholder’s needed to complete the Project.
• Submit a proposed Deliverables list for PM’s review and approval at the start of each task
• The selected consultant firm must submit progress reports with each monthly invoice
Acoustics, noise, and vibration control
Codes and accessibility compliance
Waterproofing Design
CEQA & NEPA Compliance
Participation in commissioning and
Project closeout
Fundamental Commissioning Agent
Public Presentations
Planning Design Review Submittal
Incorporation of Public Art
Park and Park Equipment design
Project Permit Procurement

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b. The Principal-in-Charge shall designate to the City, a primary contact person for the Principal-in-Charge (“Primary Contact”) who will be the responsible point of contact for coordination of the Services with the PM throughout the duration of the Project. The Principal-in-Charge shall also designate key staff for each of the design disciplines. If changes must be made to the Primary Contact or any key staff due to unavoidable circumstances, the Principal-in-Charge shall submit the name(s) of the proposed substitute person(s) and related resume and statements of professional qualifications to the PM in writing for approval by the City. c. Principal-in-Charge: The Principal-in-Charge will provide to PM a single source of responsibility and control for the Services, including but not limited all services and disciplines listed under Section III-B-1 above and the responsibilities noted in Section vi below. The Principal-in-Charge will provide all materials, management, and professional services necessary or required to complete the Services in a timely manner. As the Services progress, City and PM shall participate in the creative aspects of the Project as well as monitor the program, Services progress, and architectural / engineering disciplines of the Principal-in-Charge. City and/or PM reserve the right periodically to visit the office of the Principal-in-Charge and / or its sub-consultants to review the work in progress, provide creative input, and generally assist in resolving design issues.
d. City Consultants: City and/or its PM have retained consultants/contractors under separate direct contract. Principal-in-Charge shall cooperate and coordinate its work with all City and/or PM consultants, which may include any of the following:
• Materials / Soils Deputy and/or Special Inspection and Testing • Hazardous Materials Testing / Monitoring
• Geotechnical Engineering, Investigation and Reporting • Project / Documents Controls System Providers (if required) • Project Website Administration (if required)
e. Milestone Reviews: PM will conduct periodic and milestone in-progress reviews of the Principal-in-Charge’s design and engineering, at the dates and times designated by PM. During the Conceptual Design, Schematic Design, and Design Development Task, City may assign one or more points of contact of its own to each major area and/or discipline of the Project to coordinate input and creative direction from City. Informal periodic review meetings and design workshops may be scheduled by City and/or its PM to facilitate the resolution of design issues. • Formal reviews and progress submittals will be required, at a minimum, at the completion points for Conceptual Design, Schematic Design, and Design Development tasks of work. Review meetings may be broken into separate Project components such as architecture or site landscape, water features,

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lighting, or signage and graphics, etc. Progress submittals and/or all other documents that are required to perform the Task I Services for this Project will be reviewed and returned with comments at periodic scheduled reviews with the Principal-in-Charge and its appropriate key staff and sub-consultants. After receipt and review, City’s comments, Project team stakeholders, and/or its PM’s comments, will be incorporated into the next scheduled release of the Work.
• In addition to the formal reviews and progress submittals, informal progress design review meetings or conference calls covering one or more disciplines may be held when deemed necessary by the PM during the Conceptual Design, Schematic Design, and Design Development Tasks.

Moreover, PM or any of its personnel or consultants may visit the Principal-inCharge and its sub-consultants’ offices to help resolve design issues on an as needed basis.
• With every progress submittal, Principal-in-Charge will meet with PM to complete a page turn review.
• Authorization to proceed to each next task (Conceptual, Schematic, Design Development, Construction Documents) of work will be issued in writing by the PM to the Principal-in-Charge and may be withheld for one or more other disciplines depending on their progress and acceptance thereof at City’s sole discretion.
f. Principal-in-Charge’s Responsibilities: Principal-in-Charge’s responsibilities include providing the management, organization, resources, and talent to achieve the design, budget, coordination, and scheduling goals of this Project. Those responsibilities include, but are not limited to:
• Research
• Meetings, including submitting meeting minutes after every meeting, indicating what transpired during the meeting and any decisions made in the discussion
• Direction of the work of Principal-in-Charge’s personnel and subconsultants • Document control services for the PA and sub-consultant team • Seek input from the City’s and PM’s Design and Construction Team • Coordination with PM and/or City Consultants
• Coordination with City vendors and/or other Project stakeholders • Provide and maintain a listing of team members and their qualifications, including subconsultant team members
g. Document Standards: All conceptual and schematic design work shall be produced in SketchUp, Revit or other appropriate compatible 3D modeling and visualization software. All construction documents shall be prepared in Revit or compatible BIM

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software, and / or AutoCAD or compatible electronic drafting software, capable of exporting a .DWG and .PDF compatible file for the City’s uses. Any recommendations to City on changes to the standards must be made to PM in writing within two weeks of the execution of the Agreement, and are subject to discretionary acceptance and approval by City and/or PM. h. Codes: The Principal-in-Charge shall verify code compliance of the design with all applicable rules, regulations, codes, orders and/or laws applicable to and/or affecting the Project in any way including, without limitation, those of the agencies of the City, County, and State, or other jurisdiction having review and approval authority over the final Project work.
i. Project Website: The City intends to deploy information about the Project on its website for collaboration with external stakeholders, to provide progress updates and general information about the Project. The Principa-in-Charge will assist with the development of content and provide graphics for use on the City website. j. Principal-in-Charge Recommendations: Principal-in-Charge will make recommendations to PM regarding any investigations, surveys, tests, analyses, and reports that are deemed necessary and required by the Principal-in-Charge and its sub-consultants or City’s or PM’s consultants to properly perform the Services. Such recommendations will be made in writing and in a timely manner to allow implementation without causing delay to the Project.
k. Document Submittals to City: Regular document submittals from Principal-in-Charge will be sent to PM by electronic mail in PDF format, BIM File, CAD File and / or via the most time appropriate delivery service as applicable. The date of transmission will be the triggering date to establish a time of a response, if any. Submittals provided after 2:00 PM on a given day will be considered received the following work day.
l. Milestone Submittals to City; at each required milestone submittal, documents will be sent to PM by electronic mail in PDF format. Principal-in-Charge will meet with City Staff and PM for a Page Turn Session to walk through the submitted drawings / documents. Drawing Submittals will be reviewed by City Staff and PM, comments provided in an organized manner, and returned to PA in an expeditious manner. m. Requests for Information: Principal-in-Charge shall submit all requests for information to PM as soon as information is required. Requests shall be made by email. The date of transmission will be the triggering date for the time of a response, if any. Verbal requests are also acceptable so long as Principal-in-Charge also submits the requests in an email. The Principal-in-Charge will indicate the appropriate priority of each Request.
n. Value Engineering: Value Engineering is an integral part of the design process and is

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accomplished in conjunction with estimating during the preparation of design documents. Principal-in-Charge with the assistance and input of the City shall consider relevant alternatives within the Project design to optimize and balance capital, constructability, ease of operation and maintenance, utility, and life cycle costs, and advise City and PM during all tasks on a continuous and timely basis to make value determination on best and most economical methods, materials, systems, and equipment to be used in the Project.
o. Cost Estimation: Principal-in-Charge shall submit an A/E opinion of probable construction costs, in the requisite level of detail and with an appropriate contingency for the level of design, with each milestone design submittal. Cost estimate updates shall be provided at:
• SD – 2 ROM Estimates – one per option
• DD - 100% completion of each task of design.
• CD - 60% and 90 % completion of each task of design.
• 100% CD / BID SET - update to 100% estimate / final engineers estimate for bid and construction
p. Schedule: Principal-in-Charge shall submit an opinion of probable Contract Time, in the requisite level of detail and with an appropriate contingency for the level of design, with each design submittal. In addition, Principal-in-charge shall submit regular schedule updates as requested by City or PM as necessitated by changes in the Project schedule, but at least on a monthly basis during the Project design and permitting process.
q. A/E Contract Progress Monitoring and Reporting: The Principal-in-Charge shall submit a monthly progress report with an updated detailed schedule and budget trend / budget balance detailing the current contract, invoicing to date, work in progress since latest invoice, current contract balance and Projected budget balance trend. Any issues that may impact the budget shall be identified in each report.

Reports shall be submitted with each invoice.
r. Proprietary or Sole Source Specifications: All technical requirements and material, equipment and component specifications for the Project should be developed without using proprietary or sole source specifications unless presented to and accepted in writing by City and PM.

C. . TASK EXPECTATIONS AND DELIVERABLES

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SERVICE TASKS BREAKDOWN
Service Tasks: The Scope of Services are broken down into the following tasks. Key Consultant Team members shall participate meetings as noted in Scope of Services section. a. Task 1
• Task 1A: Project Kickoff
• Task 1B: Program Review & Conceptual Design
• Task 1C: Schematic Design & Design Review
b. Task 2
• Task 2A: Design Development
• Task 2B: Construction Documents
• Task 2C: Government Review and Permitting
c. Task 3
• Task 3A: Bid Support
• Task 3B: Construction Administration
• Task 3C: Close out and Commissioning
SERVICE TASK SCOPE:

TASK 1 – KICK OFF, CONCEPTUAL DESIGN, SCHEMATIC DESIGN
Task 1A – Project Kick Off
• The Consultant Team shall review all existing project studies and documentation and relevant documentation and plans that may influence the planning, design and implementation of the project, and verify, and analyze existing program documentation. • The Consultant team shall assist with the compilation of estimated conceptual budget, work plan and schedule (anticipated milestones), and validate and accept both, in writing.
• The Consultant Team shall visit the Site to familiarize themselves with the site, and surrounding property and land use conditions.

Task 1B – Conceptual Design
• The Consultant shall verify and update the provided Conceptual Master Plan and provide architectural opinions for programming, design character, issues of design and related considerations.
• During the Conceptual Design Task, The Principal-in-Charge shall participate in design, budget and schedule reviews of the Conceptual Design documents and related conceptual cost estimate with PM and City.
• The Consultant shall prepare 2 Conceptual Design Option Packages to include:
o site plan – conceptual landscape, civil and parking layouts

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o floor plan
o roof plan
o refined renovation descriptive scope
o rough massing on the site with 3D modeling software
• City to review each option and select preferred option to move into Schematic Design. • The Consultant shall lead weekly team meetings with PM, City Staff and Subconsultants (as needed)
• The Consultant and associated sub-consultants (as needed) shall attend up one presentation to Council / Stakeholder Group as requested by the PM during the conceptual design task of the Project.
• Based on the program, and information related to the Project as discussed, presented, or otherwise communicated by the PM, the Consulant will prepare and provide the following Concept Design Task deliverables:
o Conceptual Design Package with preferred Site Plan Option o Demolition alternatives / recommendations (early separate demolition contractor or demolition combined with final construction documents) Task 1C – Schematic Design
• During the Schematic Design Task, the Principal-in-Charge shall participate in design reviews of the Schematic Design documents and related schematic cost estimate with PM prior to review and by Stakeholder Group and approval by the City Council. • The Consultant PA to provide 2 Schematic Building Designs Options based on approved Conceptual Design.
o site plan
o floor plan
o roof plan
o exterior elevations with schematic material representation o schematic material imagery board
o detailed 3D model & snapshots
o ROM Cost Estimate for each option provided

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• The Consultant shall lead weekly team meetings with PM, City Staff and Subconsultants (as needed)
• The Consultant and associated sub-consultants (as needed) shall attend up two presentations to Council / Stakeholder Group as requested by the PM during the schematic design task of the Project.
• The Consultant and associated sub-consultants (as needed) shall attend meetings necessary to coordinate with local authorities having jurisdiction to complete Design Development.
• Based on approved Concept Design documents prepared by the Consultant and Preferred Schematic Elevation Option selected and PM’s written authorization to proceed, the Consultant shall provide the following Schematic Design Task deliverables:
o 100% Schematic Design Package with preferred Design Option, including:
▪ Schematic Fire Access Analysis
▪ Schematic Building Plans, Sections, Elevations
▪ Schematic Code Analysis and Occupancy/Exiting Plan
▪ Schematic Civil Site Grading, Utility, Parking and C3 Plans ▪ Schematic Landscape Hardscape and Planting Plans
▪ Written Design Narrative for Schematic Structural and MPE systems. o 4 renderings of selected Schematic Design
o Updated ROM Cost for Selected Schematic Design
o Schedule update
o Planning Design Review Package

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TASK 2 – DESIGN DEVELOPMENT & CONSTRUCTION DOCUMENTS
Task 2A – Design Development
• Based on the accepted Schematic Design documents and PM’s written approval to proceed, Consultant shall prepare Design Development documents consisting of drawings and other documents including to fix and describe the function, size and character of the entire Project including selection of materials, type of structure, mechanical and electrical systems, and performance data. In each case, the associated consultant(s) shall attend meetings as required by the PM. • During the Design Development Task, the Principal-in-Charge shall participate in technical reviews (Page Turn Meetings) of the Design Development documents and Design Development cost estimate with PM prior to review and approval by the City at the 50% and 100% completion stages of Design Development. • The Consultant shall lead weekly team meetings with PM, City Staff and Subconsultants (as needed)
• PA and associated sub-consultants (as needed) shall attend up one presentation to Council / Stakeholder Group as requested by the PM during the design development task of the Project
• The Consultant and associated sub-consultants (as needed) shall attend meetings necessary to coordinate with local authorities having jurisdiction to complete Design Development.
• Design Development Deliverables include:
o 100% Site Development Package (if necessary) with Demolition Plans and Demolition Specifications, including hazardous materials removal and disposal requirements and advanced removal of fundraising elements o 50% Design Development Package with Drawings from all Disciplines o 50% DD Cost Estimate
o 100% Design Development Package with drawings from all Disciplines o FF & E Design Package – including costs per item
o Specifications – Table of Contents
o 100% DD Cost Estimate
Task 2B – Construction Documents
• Based on approved Design Development documents, and on PM’s written approval to proceed, the Principal-in-Charge shall manage and oversee all architectural and engineering disciplines, and specialty sub-consultants for the preparation of Construction Bid Documents by advancing all Design Development deliverables, for the Project required to obtain prime contractors’ construction bids, building and regulatory permits, and for use in constructing the Project. Construction Documents shall include, but are not limited to:

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o , Building Division submittal, Demolition plans and specifications (either a separate bid package for early demolition task, or integrated with permanent Project bid documents, as determined through the conceptual / schematic tasks o General and Special Conditions Entitlement Mitigation Measures Exhibits, Relevant Permit Documents, Standard Plans and Specifications, Warranty, Guarantee and Commissioning Specifications,
o Complete Construction Drawings including details, reports, solutions; o updated opinions of probable cost and time and final technical specifications for all Architectural, Landscape / Irrigation, Structural, Mechanical, Electrical, Plumbing, Fire Protection, Lighting, Signage and Graphics, Civil, Acoustics and Waterproofing.
• Project Manual
o All technical requirements and material, equipment and component specifications for the Project should be developed without using proprietary or sole source specifications unless presented to and accepted in writing by City and PM.
o All Specifications to be provided in CSI Master Spec format o The Consultant shall process the Construction Documents and Specifications through approving agencies and incorporate all revisions/corrections as necessary to obtain the required approvals from those agencies. The Principal Architect shall participate in technical reviews of the Construction Documents and cost estimates with PM and City at the 60%,90% Construction Document and final 100% CD / Bid Documents stages.
• Principal Architect shall sign/seal Drawings and Specifications as required by Public Works and/or, Planning and Building Departments and other regulatory permitting officials, shall assist in resolving issues that may arise during plan check and amend the documents as may be required by the governing authority, and do all things necessary to obtain the building and other required regulatory permits. • Construction Document Deliverables include:
o 60% Construction Document Package
▪ 60% Construction Document Drawings from all Disciplines ▪ Draft 100% Full Specifications
▪ FF & E Design Draft Package Procurement Package
▪ 60% CD Cost Estimate
o 90% Construction Document Package
▪ 90 % Construction Document drawings from all Disciplines ▪ FF & E Design Package Procurement Package
▪ Final 100% Full Specifications
▪ 90% CD Cost Estimate

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o 100 % Construction Document Package / Bid Set
▪ FF & E Design Package Procurement Package
▪ Final 100% Full Specifications
▪ 100% CD Cost Estimate Update
• After final review and City acceptance of the 100% Construction Documents, the Consultant shall deliver 3 sets of complete construction documents and supporting information package to City and the PM including an ftp site to download all the CD documentation. Supporting documents shall include, but may not be limited to the following:
o Project manual
o Engineering Equipment Manuals
o Engineering calculations
o A/E Opinions of Cost & Time
• All sketches, drawings, models, illustrations, specifications, CAD and utility modeling program software, and similar type items, developed by the Consultant and/or its subconsultants during the Project, including originals, become the property of City, and shall be delivered to City upon completion of services.

D. TASK 3 – BID, CONSTRUCTION ADMINISTRATION, CLOSEOUT
Task 3A – Bid Support and Contracting Period Services
• The Consultant shall provide services including, but not necessarily limited to, the following:
o Issue Construction Documents and bid forms to PM
o Attend an internal bid process planning meeting with City PM and stakeholders, and a pre-bid / job walk meeting with PM and prime contractors bidding the contract
o Assist the PM in the preparation of addenda to the Construction and Bid Documents related to questions / issues that arise during the bid process o Assist the PM and the prime contractors in obtaining approvals, permits, and licenses, and shall make any such changes and revisions to the Construction Documents as are necessary to obtain all approvals, permits or licenses for the Project, and shall assist the PM and the prime contractors in appealing adverse decisions
• Following receipt of contractor bids, the PA shall assist City/PM in:
o Reviewing prime contractor bids for correctness and completeness o Participating in the pre-construction meeting(s)
o Coordinating and expediting initial prime contractor’s start-up submissions such as insurance, bonding, construction, and billing schedules

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o Analyzing and evaluating prime contractors’ suggested alternatives, substitutions or value engineering proposals submitted by the prime contractors, and give PM written recommendations for changes in the Construction Documents and construction of the Project because of such consideration.
• `The Construction Task shall commence with the award of the contract or contracts, or the portions thereof based on the Construction Documents between the City and / or PM and any prime contractors for the Project (“Contracts for Construction”).

Anticipated Length of Construction – 14 months. PA shall provide Construction Administration Services of the Contracts for Construction. Construction Administration Services shall include, but will not be limited to, the following:
o Represent, advise, and consult with the PM and City’s Construction Manager (CM) during the administration of the Contract for Construction. o Regularly visit the site during the construction task to become familiar with the progress, acceptability, and quality of the work and to determine if the work is proceeding in accordance with the Construction Documents. The Consultant agrees that its Principal Contact will be present and make as many site visits as requested by PM during the construction and closeout tasks of work. The Principal Architect shall provide for observation of the construction work as required by Title 24 California Code of Regulations. The Consultant and its subconsultants shall review, stamp, and sign in a timely manner all documents requiring approval or for which the Consultant or its sub-consultants are responsible.
o Attend Owner and Contractor (OAC) weekly Project meetings. o Principal Architect shall attend on Site Meetings 2x per month (at a minimum).

Subconsultants to attend as needed.
o All other weekly meetings can be virtual.
o Independently inform City of the progress, acceptability, and quality of the work completed and guard the City against defects and deficiencies in the work, and determine, in general, if the work, as it progresses, is in conformance with the Construction Documents.
o Conduct observations throughout construction of the Project to determine the date or dates of Substantial Completion and the date of final completion.

Principal Architect shall provide in writing to PM its observations. Prepare Site Observation Reports within three (3) business days after a site visit or sooner if such information to be transmitted is of substantial and immediate importance.

Principal Architect shall issue reports to the PM, its CM, and prime contractors with copies to the City related to deficiencies, errors, non-adherence to schedules, disagreements with pricing or time requests on change orders when requested by PM and other items of importance that the PA observes during construction.

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o Report to the City and PM known deviations from the Contract Documents and from the most recent construction schedule submitted by the general contractor, PM, or CM.
o The City intends to utilize the Submittal Exchange Program (specific program to be determined by CM) to expedite and control the processing of all documentation on the Project, specifically the processing or RFI’s and coordination of Project Submittals. Training will be provided to the Consultant and their subs in the utilization of this program which will also be utilized by the selected General Contractor.
o At all times, the Consultant and all its sub-consultants will promptly and expeditiously, render interpretations of the Construction Documents and review, critique, and comment in writing on all shop drawings, materials, samples, schedules, colors, or other submittals necessary for the proper execution or progress of the work. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the PM, its CM, and prime contractors by the Contract Documents. Principal Architect shall render written responses and opinions on all claims, addenda, proposals, disputes, and all other matters in question between the PM, its CM, prime contractors, consultants, and others relating to the execution or progress of the work or the interpretation of the Construction Documents to maintain the Project schedule and to assist PM in its pursuit of completing PM’s negotiations and completion of the Project. The Principal Architect’s action shall be taken with such promptness as to cause no delay in the work or in the activities of the City, PM, its CM, or prime contractors.
o Consultant shall assist prime contractors, PM, and / or CM in the assembling, reviewing, and submitting to City of indexed binders (number of copies as required by City) containing originals of all manuals, brochures, and drawings and warranties needed for operation and maintenance of all systems and the work and shall assemble all written guarantees and warranties from the prime contractors, program manager, or construction manager and transmit same to City as required by the Contract Documents.
o Consultant shall prepare documents to specify to what extent maintenance, warranty and operational information is to be turned over to City and its operator of the facilities.
o Consultant shall specify and arrange with the prime contractors, PM, or construction manager for instructional sessions wherein operational and maintenance personnel will be instructed in the use, operation and maintenance of mechanical, electrical, and other equipment, and the maintenance and care of special finishes and other operational items, all of which shall have been specified within the Construction Documents.
o Consultant shall prepare and distribute to all appropriate persons and entities, any correspondence, bulletins, drawings, supplemental specifications, addenda etc. necessary to clarify or supplement Construction Documents throughout the construction task.

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o The City intends to utilize the Submittal Exchange Program (specific program to be determined by CM) to expedite and control the processing of all documentation on the Project, specifically the processing or RFI’s and coordination of Project Submittals. Training will be provided to the Consultant and their subs in the utilization of this program which will also be utilized by the selected General Contractor.
o At all times, the Consultant and all its sub-consultants will promptly and expeditiously, render interpretations of the Construction Documents and review, critique, and comment in writing on all shop drawings, materials, samples, schedules, colors, or other submittals necessary for the proper execution or progress of the work. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the PM, its CM, and prime contractors by the Contract Documents. Principal Architect shall render written responses and opinions on all claims, addenda, proposals, disputes, and all other matters in question between the PM, its CM, prime contractors, consultants, and others relating to the execution or progress of the work or the interpretation of the Construction Documents to maintain the Project schedule and to assist PM in its pursuit of completing PM’s negotiations and completion of the Project. The Principal Architect’s action shall be taken with such promptness as to cause no delay in the work or in the activities of the City, PM, its CM, or prime contractors.
o Consultant shall assist prime contractors, PM, and / or CM in the assembling, reviewing, and submitting to City of indexed binders (number of copies as required by City) containing originals of all manuals, brochures, and drawings and warranties needed for operation and maintenance of all systems and the work and shall assemble all written guarantees and warranties from the prime contractors, program manager, or construction manager and transmit same to City as required by the Contract Documents.
o Consultant shall prepare documents to specify to what extent maintenance, warranty and operational information is to be turned over to City and its operator of the facilities.
o Consultant shall specify and arrange with the prime contractors, PM, or construction manager for instructional sessions wherein operational and maintenance personnel will be instructed in the use, operation and maintenance of mechanical, electrical, and other equipment, and the maintenance and care of special finishes and other operational items, all of which shall have been specified within the Construction Documents.
o Consultant shall prepare and distribute to all appropriate persons and entities, any correspondence, bulletins, drawings, supplemental specifications, addenda etc. necessary to clarify or supplement Construction Documents throughout the construction task.
o Consultant shall answer all requests for information, in writing, generated by the PM, its CM or prime contractors within three (3) business days of receipt of such requests for information.

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o When requested by PM, provide written recommendations on all matters in question between PM, its CM or prime contractors relating to the execution and progress of the work or the interpretation of the Contract Documents. The Principal Architect shall render to the PM an interpretation, which shall be subject to the approval of the City. The Principal Architect’s interpretation shall not be issued to the prime contractors or construction manager until it has been reviewed and approved by the PM. The Principal Architect’s interpretation, as approved by the PM, shall be binding only for the prime contractors’ or construction manager’s obligation to proceed with the work. Consultant shall use its professional efforts to obtain faithful performance of the work by the prime contractors or construction manager. PA shall not be the interpreter of the contract executed by City and program manager but will, when requested by PM, submit its opinion to the PM as to any concerned or disputed item related to construction work in the field.
o When requested by PM, the Consultant shall review for approval prime contractors’ or construction manager’s submitted Change Order proposals for rendering of opinions as to inclusion or omission from the scope of work covered in the Construction Documents and as to the validity of the estimate of costs.
o Consultant shall review prime contractors’ or construction manager’s submission of their Record Drawings, Warranties and Operation and Maintenance Manuals for all systems for approval prior to the issuance of a final Certificate of Payment. In their review, PA and its Sub-consultants shall advise PM of any apparent unacceptable items, problems, and discrepancies between the intent of their work and such Record Drawings. Such review shall not relieve the prime contractors or construction manager of responsibilities for the accuracy or completeness of its work or of the information recorded. o If requested by PM, the Principal Architect shall review and assist the PM with the negotiation, as required, of the prime contractors’ or construction manager’s Change Order proposals and associated labor and material cost to ensure they are reasonable.
o Consultant shall prepare and submit to the City and PM all selections of color, textures, and finishes for all required items of the Project in ample time for City approval before the time such information is needed by the prime contractors or construction manager.
o The Consultant shall render no extra, compensatory services unless first authorized in writing by the PM.

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Task 3C – Closeout & Commissioning Services
• As the construction of the Project progresses and no later than 30 days after the final completion thereof, prepare and furnish to PM a set of reproducible As-Designed Record Drawings in PDF and CADD formats showing construction changes in the work and final locations of MEPS, fire protection sprinkler system (to the extent referenced in the Construction Documents), and life safety (to the extent referenced in the Construction Documents) components, and other considerations, for which City has a requirement, based on general contractor’s or construction manager’s Record Drawings, marked up prints, drawings and other data furnished by the prime contractors or construction manager to PA.

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IV. QUALIFICATIONS EVALUATION, SELECTION, NEGOTIATION AND AWARD PROCESS A. Evaluation Criteria
The City of Livingston is requesting proposals from proponents who are both interested and capable of undertaking the Project. City to conduct the work outlined in this RFP. The responses will be assessed according to how well they assure the City of success in relation to the submission requirements. The detail and clarity of the written submission will be considered indicative of the respondent’s expertise and competence.

1. Proposals will be reviewed by a Selection Committee and shall be consistently evaluated based upon the following criteria:
a. Demonstrated competence - Demonstration of architecture, engineering and qualifications including ability to achieve consensus with diverse Project stakeholders, Project cost and schedule controls, QA/QC, quality and reliability of past Projects, and effective Project communication.
b. Experience in performance of comparable engagements - Reference information and performance records on similar value public sector Project undertakings including experience, knowledge, and understanding of local Project needs c. Design Team Experience – Performance of design team together on past successful Projects of similar scope.
d. Expertise and availability of key personnel - Firm or Firm Team’s organization, balance, depth of human resources, and expertise at the key team positions. Firm or Firm Team’s qualifications, expertise, and track record of accomplishments of similar Projects.
e. Availability of key personnel anticipated to be dedicated to this Project work. f. Demonstrated Financial stability, E&O, Claims history g. Quality of References – References will be contacted. h. Conformance with the terms of this RFQ/P - Understanding of the Project needs, issues, and approaches in providing the required professional services as described in this RFQ/P

2. The Selection Committee will determine an appropriate number of firms to be shortlisted to participate in oral presentations / interviews. Selection Committee will score each Proposal per score card below:

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Criteria /Category Points
Completeness of Response Pass/Fail
Project Understanding 20
Project Analysis 15
Experience and Qualifications –Community &Recreation Facilities 25 Scope of Services, Work Plan and Schedule 25
Conflict of Interest Statement Pass/Fail
References 15
Fee Proposal NA
Total Points 100
City will use the above criteria for selection of shortlisted firms. By responding to this RFP proponents agree to accept the recommendation of the evaluation team as to the successful proponent and acknowledge and agree that the City shall make the final decision.

B. Submissions
It is the proponent responsibility to show their knowledge, understanding and capacity to take the full Scope of Services. Submission shall include the following:

1. Completeness of Response (Pass/Fail)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria, and will receive no further consideration.

Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

2. Project Understanding:
a. Provide a brief narrative demonstrating the proponent’s understanding of the role of Architecture and Engineering Design Services and how proponent will approach this Project in terms of fulfilling this role.
a. What are the five key priorities and challenges that the City should consider regarding this Project and how might the proponent’s firm ability to fulfill this role differ from other proponents?

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3. Project Analysis
a. Provide review, analysis, and suggestions to current Conceptual Plans. b. What elements would you recommend the City consider moving forward? What challenges do you foresee?
c. What innovative elements would you recommend incorporating and why are they particularly suited for this Project?

4. Experience and Qualification – Recreation Facility/Community Center a. Provide detail of the individual or firm’s experience as it pertains to the design and construction of large capital Projects including building and site development, familiarity with building code and regulatory compliance, and general Project Management, including the preparation of tender documents.
b. Provide detail and demonstrate experience as Architecture / Engineering Services on a recreation and community center Project(s) of a comparable scope in the past 10 years. c. Provide a minimum of 3 Projects completed in the last 10 years of comparable scope. For each Project, provide contact name and information for the Agency/Client. d. The individual intended to serve as Project Manager and the principal contact with the City shall be named and a Resume for that individual shall be provided with the proposal documents.

5. Scope of Services, Workplan & Schedule
a. Provide Detailed Scope of Services:
• Proposed scope of services is appropriate for all tasks of the work. • Scope addresses all known Project needs and appears achievable in the timeframes set forth in the Project schedule.
• See SCOPE OF SERVICES section for additional information ▪ Project Deliverables: Deliverables are appropriate to schedule and scope set forth in above requirements.
▪ Schedule: Anticipated Design and Construction Schedule ▪ Cost Control and Budgeting Methodology
• Proposer has a system or process for managing cost and budget. • Evidence of successful budget management for a similar Project.

6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business, or other relationship with the City that may have an impact upon the outcome of the contract or the construction Project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction Project that will follow.
c. Disclose any financial interest or relationship with any construction company that might

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submit a bid on the construction Project.

7. Review of City Professional Services Agreement (Appendix F) a. Proposer to confirm review City’s Standard Professional Services Agreement and indicate that Proposer is willing to accept the contract without any changes. b. If the Proposer wishes to request changes, please clearly indicate any requested changes to the contract.

8. References
a. Provide at least three relevant Public Agency references related to work completed of comparable scope.
b. Provide two relevant references for the Principal-in-Charge who will be managing this project.
c. References will be contacted – please ensure your references with advanced notice.

9. Fee Proposal
a. Fee proposals shall be submitted via electronic form in a separate pdf file at the same date/time that the RFP is submitted Via Electronic Submittal. b. A not-to-exceed fee shall be negotiated with the selected consultant. Overall, compensation under this contract is subject to the overall duration of the contract, contract cap, and will be based on lump sums, hourly rates, and the reimbursement of direct expenses. Hourly rate charges are to be valid for the term of the agreement, and any changes in the staff classifications or hourly rate charges require the City’s advance written approval.
c. Provide:
▪ a schedule of fees as rate per hour for all members of the proponent team that may participate in the Project, which also includes the estimated hours required to complete the Scope of Services.
▪ the total fees broken down as percentage for each stage of the Project; design (preconstruction), construction and post construction. ▪ An estimate of direct reimbursable expenses
C. SELECTION OF PREFERRED PROPONENT AND AWARD OF CONTRACT

1. ORAL PRESENTATION / INTERVIEWS

a. A shortlist will be utilized for evaluating presentations / interviews. The City reserves the right to modify the presentation / interview evaluation criteria. Any such modification will

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be addressed in the notice of shortlisted firms.
b. The Selection Committee anticipates that they will determine the top four (4) ranked firms, in order of ranking.
c. City reserves the right to adjust the number of ranked firms to participate in the interview process.
d. Format of Oral Presentations / Interviews: Firms will be given up to one hour for presentations including up to thirty minutes of questions and answers.

2. NEGOTIATIONS WITH TOP RANKED FIRM

a. Only the top ranked firms Proposals will be evaluated along with their schedule of services for the Project and stipulated deadlines.
▪ A meeting will be scheduled with the PM and City to address any questions or clarifications necessary for the fee proposal. The City, the PM and top ranked consultant will negotiate in good faith until a final fee is deemed acceptable to the parties.
b. During negotiation, there shall be no disclosure beyond City staff evaluating the matter of any information derived from proposals submitted. The contract award shall be made to the proposer whose proposal offers the best value to the City, taking into consideration the scope of services, firm capabilities, proposed price within budgetary constraints and within industry standards, and the evaluation criteria. c. Should negotiations fail to result in a final cost that is acceptable to the parties, this process will repeat for the next highest ranked firm, until all negotiations result in the recommendation to, and award by City Council of a contract for the required services.

D. FORM OF CONTRACT
a. The RFP and the accepted proposal documents will form part of the City’s Design Professional Services Agreement to be executed between the City and the successful proponent. (Appendix F).

E. INSURANCE AND INDEMNIFICATIONS REQUIREMENTS

1. The successful proponent shall at its own expense obtain and maintain until the termination of the contract and provide the City with evidence of Insurance as indicated in City’s Design Professional Services Agreement (Appendix F).

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2. The policies will not be cancelled or permitted to lapse unless the insurer notifies the City in writing thirty (30) days prior to the effective date of cancellation or expiry.

3. The successful proponent by its acceptance of negotiated Contract, agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this RFP and any negotiated agreement.

V. PROTEST PROCEDURES
A. WHO MAY PROTEST
Only a proposer who has submitted a proposal is eligible to protest a contract awarded through the RFQ/P process. A proposer may not rely on the protest submitted by another proposer but must pursue its own protest.

B. TIME FOR PROTEST
The City will send a notice of the intent to award a contract at least ten (10) business days before an award is made. A proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award.

The City Administrator must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract.

Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated vendor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment.

C. FORM OF PROTEST
The protest must be in writing and signed by the individual who signed the Proposal or, if the Proposer is a corporation, by an officer of the corporation, and addressed to the

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City Administrator. Protests may be submitted via US Mail, hand delivery or email, and must include a valid email address, street address and phone number sufficient to ensure that the City’s decision concerning the protest will be received. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated and must refer to specific portions of the RFQ/P and attachments upon which the protest is based. Once the protest is received by the City Administrator, the City will not accept additional information on the protest unless the City requests it.

D. CITY RESPONSE TO PROTEST
The City Manager or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest by email or US Mail to the address provided in the protest. This decision shall be final.

E. LIMITATION OF REMEDY
The procedure and time limits set forth herein are mandatory and are the proposer’s sole and exclusive remedy in the event of a protest. The proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest, including filing a Government Code Claim or initiation of legal proceeding.

VI. WARRANTY / MAINTENANCE AND SERVICE
For a period of two (2) years after City’s acceptance of the final Certificate of Payment with respect to the Project, the Consultant shall respond to City’s written notifications of errors, omissions, defects or faults in design or implementation of the work of the prime contractor. The Consultant shall be available for efforts to determine the cause of and to determine the best remedy for such errors, omissions, defects or faults in the design or construction. If such errors, defects, omissions, or faults in design are not found to be due to the fault of the Consultant or any of its subconsultants, the Consultant shall be compensated for its time for such efforts as a reimbursable expense, based on the agreed upon hourly rate, executed at the time of contract.

The Project Design shall be warranted for fitness of purpose for the maximum durations as required by Law.

VII. GENERAL CONDITIONS
• The terms and conditions of the proposal offer shall remain firm and open for acceptance by the City for a minimum of ninety (90) calendar days from the

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date of closing.
• Submissions become property of the City of Livingston and will not be returned.

Submissions will be held in confidence unless otherwise required by law. • The City reserves the right (in its sole discretion) to determine the completeness of all proposals.
• Submission of a proposal indicates acceptance by the respondent of all the terms and conditions contained in this RFP.
• The City, may, in its absolute discretion, reject a proposal submitted by the proponent, if the proponent, or any officer or director of the proponent is or has been engaged either directly or indirectly through another corporation in legal action against the City, its elected or appointed officers and employees in relation to any other Contract for work or services or any matter arising from the City exercise of its powers, duties andfunctions.
• All inquiries from third parties regarding the Project must be directed to the City. All information provided to the proponent must be held in confidence unless agreed to be disclosed by the City in writing.
• This Project is subject to the terms and conditions established under Proposition 68 - Funding Parks, Natural Resources, Protection, Climate Adaptation, Water Quality and Supply and Flood Protection. • Any report, design, and other material provided by the consultant, his team, or their subconsultants, will become the property of and for the sole purpose of the City.
• Only personnel listed in the successful proposal shall perform work unless otherwise approved by the City.
• The proponent and the City expressly acknowledge that they are independent entities and neither an agency, partnership nor employer-employee relationship is intended or created by submission of a proposal or subsequent contract.
• This RFP and resulting contract shall be governed by and construed in accordance with the laws and courts of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to the contract agreement shall be instituted in the Superior Court of the County of Merced, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation ina U.S. District Court, venue shall lie exclusively in the District of California court, in Merced County. • The City will also contact the references provided in the RFP responses; contact any vendor to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process. The City shall not be obligated to accept

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the lowest priced Proposal but shall make an award in the best interests of the City of Livingston.
• Selected vendor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another vendor or withdraw the RFP.
• Any contract resulting from this RFP shall not be effective unless and until approved by the City Council.
▪ This RFP does not create a tender process or any contractual or other legal rights or obligations. This RFP is not an invitation for an offer to contract and it is not an offer to contract made by the City of Livingston. By this RFP, the City intends to reserve to itself absolute and unfettered discretion to invite proposals, consider and analyze proposals, select a preferred proponent and attempt to negotiate an agreement as the City considers desirable.
• Without limiting the generality of the foregoing, the City reserves the right to:
▪ extend the due date for the proposal.
▪ reject or short list any proposal whether complete.
▪ reject all Proposals without cause. Proposals will be evaluated in their entirety. The City reserves the right to negotiate specific requirements and costs using the selected Proposal as a basis.
▪ require clarification where any proposal is unclear, have meetings with an individual proponent for this purpose, and consider the clarification in the evaluation of that proposal.
▪ The City reserves the right to approve any-and-all key personnel individually for work on this contract.
▪ waive informalities and minor irregularities in proposals received ▪ accept and reject any or all proposals received because of this request without any obligation or any compensation or reimbursement to the proponents.
▪ negotiate with any qualified consultant.
▪ cancel this RFP in part or in its entirety.
▪ interview one or more proponents prior to selecting a preferred proponent; and
▪ procure alternate or additional consulting services.
• Proponents are solely responsible for their own expenses in preparing, and

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submitting proposals, and for any negotiations or discussions with the City relating to or arising from this RFP. The City will not be liable to any proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the proponent in preparing and submitting a proposal, interviews if held. • Any irregularities or lack of clarity in the RFQ/P should be brought to the attention of the Project Manager as soon as possible so that corrective addenda may be furnished to prospective vendors.
• Alterations, modifications, or variations to a proposal may not be considered unless authorized by the RFQ/P or by addendum or amendment. • Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
• Proposals may be withdrawn by written or facsimile notice received prior to the Proposal opening time.
• The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement, or disclosure with or to any other contractor, or prospective Proposer. • No attempt may be made at any time to induce any firm or person to refrain from submitting a Proposal or to submit any intentionally high or noncompetitive Proposal. All proposals must be made in good faith and without collusion.
• Prices offered by vendors in their Proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded Proposer agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFQ/P. No other costs, rates or fees shall be payable to the awarded vendor for implementation of their Proposal. • No attempt may be made at any time to induce any firm or person to refrain from submitting a Proposal or to submit any intentionally high or noncompetitive Proposal. All proposals must be made in good faith and without collusion.
• A Proposal submitted in response to this RFP must identify any subconsultants and outline the contractual relationship between the awarded PA and each subconsultant. An official of each proposed subconsultant must sign and include as part of the proposal submitted in response to this RFQ/P, a statement to the effect that the subconsultant has read and will agree to abide by the awarded Firm’s obligations.
• The awarded Proposer will be the sole point of contract responsibility. The City will look solely to the awarded Proposer for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Proposer shall not be relieved for the non-performance of any or all subconsultants.

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• The awarded Proposer must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the awarded Proposer has submitted acceptable evidence of the required insurance coverages.
• Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFQ/P. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest. • Each Proposer must include in its RFP a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the vendor’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
• The City will not be liable for Federal, State, or Local excise taxes • Execution of Appendix A – Form of Proposal of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Appendix F – Design Professional Service Agreement (contract) form and all terms and conditions therein, except such terms and conditions that the vendor expressly excludes.
• The City reserves the right to negotiate final contract terms with any vendor selected. The contract between the parties will consist of the RFQ/P together with any modifications thereto, and the awarded vendor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFQ/P, any modifications and clarifications to the awarded vendor’s proposal, and the awarded vendor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. • Proposer understands and acknowledges that the representations above are material and important and will be relied on by the City in evaluation of the proposal. Any Proposer misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal. All information shall be submitted as a declaration under penalty of perjury. • Confidentiality

CITY OF LIVINGSTON 3/24/2024
RFP – Architecture and Engineering Design and Consultant Services Page 48 City of Livingston – Livingston Rec Plex

▪ Proposals shall be kept confidential until a contract is awarded. ▪ No announcement concerning the award of a contract because of this RFQ/P may be made without the prior written approval of the City. ▪ The City has decided in accordance with Government Code Section 6255 that all Proposals submitted in response to this RFQ/P will not be made public by the City until after the City has executed and adopted, the Contract for Services with the selected Proposer. In the event a proposer wishes to claim portions of its Proposal exempt from disclosure under the Public Records Act, it is incumbent upon the proposer to clearly identify those portions with the word “confidential” printed on the lower right-hand corner of the page, along with a written justification as to why such information should be exempt from disclosure. However, the City will decide based upon applicable laws.
• The City will notify a Proposer of any materials or information that the City does not believe are entitled to exemption from the Public Records Act, and the Proposer shall have five business days from such notice to:
▪ Withdraw its proposal
▪ Withdraw such information from its Proposal
▪ Withdraw such information and replace it with substituted information for which the Proposer does not claim an exemption; or
▪ Provide written notice that it does not object to public disclosure of such information.
• Proprietary or confidential data must be readily separable from the Proposal to facilitate eventual public inspection of the non-confidential portion of the Proposal.

Confidential data is normally restricted to confidential financial information. The cost of Services shall not be designated as proprietary or confidential information.

CITY OF LIVINGSTON 3/24/2024
RFP – Architecture and Engineering Design and Consultant Services Page 49 City of Livingston – Livingston Rec Plex

APPENDICIES
Appendix A: Form of Proposal
Appendix B: Conflict of Interest Statement
Appendix C: not used
Appendix D: Project Schedule
Appendix E: Definitions
Appendix F: Design Professional Service Agreement
Appendix G: Debarment, Suspension, Ineligibility Certification

CITY OF LIVINGSTON 3/24/2024
RFP – Architecture and Engineering Design and Consultant Services Page 50 City of Livingston – Livingston Rec Plex

APPENDIX A – FORM OF PROPOSAL
REQUEST FOR PROPOSAL ‐

ARCHITECTURE AND ENGINEERING DESIGN AND CONSULTANT SERVICES FOR

THE LIVINGSTON REC PLEX
This form is to be completed and submitted along with the Proposal I/We the Undersigned, having examined this Request for Proposals and all associated Addenda, do hereby affirm the acceptance of the requirements of the Request for Proposal.

I/We do certify that the information supplied in this submission to be true and complete in all aspects.

This proposal issubmitted by:

Address:

Telephone: Fax:

E‐mail Address:

Name of Authorized Person (s):

Position(s) of thePerson(s):

Proponent Authorized Signatory:

Date:

Signature in the designated space, by an authorized officer of the Respondent’s company affirms acceptance of the Request for Proposal requirements set forth in this document, the associated costs, where applicable, attributed to the business arrangement between the Respondent and the City of Livingston, and hereby certifies that the information supplied in this submission to be true and complete in all respects.

CITY OF LIVINGSTON 3/24/2024
RFP – Architecture and Engineering Design and Consultant Services Page 51 City of Livingston – Livingston Rec Plex

APPENDIX B – CONDLICT OF INTEREST STATEMENT
The Proposer must identify and describe in detail each conflict of interest, if applicable.

Use at least one form for each firm and attach additional documentation as necessary.

I.Describe in detail the nature of the actual or potential conflict(s) (involving Project, personnel, financial advantage, or another item):
a) Project,
b) personnel,
c) financial advantage, or
d) other item
II. For each actual or potential conflict above, describe in detail the measures proposed to mitigate:

III. Describe in detail the intended effect of the proposed measures on the actual or potential conflict(s) and how the proposed measures willmitigate the actual or potential conflict(s):

Signature Date
If a potential conflict has been identified, please provide name and phone number for a contact person authorized to discuss this disclosure form with City of Livingston contract personnel.

Name & Title Phone
Solicitation # Firm Name

RFP – Architecture and Engineering Design and Consultant Services City of Livingston – Livingston Rec Plex

CITY OF LIVINGSTON
5/30/2023
APPENDIX C – not used

RFP – Architecture and Engineering Design and Consultant Services City of Livingston – Livingston Rec Plex

CITY OF LIVINGSTON 5/30/2023

APPENDIX D - PROJECT SCHEDULE
RFP
RFP Released 5/13/2024
Site Walk (Mandatory) 5/30/2024 @11 am
Questions due 6/7/2024
Anticipated Addendum issued 6/14/2024
Bids due 6/21/2024 @ 4:00 pm
City Review 7/1/2024-7/12/2024
Shortlist Interviews Week of 7/29/2024
City Selection of Design Team 8/9/2024
Contract Negotiations 8/12/2024-8/30/2024
Council Approval September 2024
Project Start 9/2024
Anticipated Project Completion 8/2027

PROJECT
Kickoff 9/2024
Assessment & Conceptual Design 9/2024-11/2024
Schematic Design 12/2024-1/2025
Design Development 2/2025-4/2025
Contract Documents 5/2025-8/2025
Government / AHJ Review 9/2025-11/2025
Permitted 12/2025
Bid for Contractors 1/2026-2/2026
Contractor Selected 3/2026
Council Approval 4/2026
Construction Start 4/2026
Construction Complete 7/2027
Opening Day 8/2027
I I

RFP – Architecture and Engineering Design and Consultant Services City of Livingston – Livingston Rec Plex

CITY OF LIVINGSTON 5/30/2023

APPENDIX E - DEFINITIONS
For the purposes of this RFQ/P, the following acronyms and definitions will be used:

Awarded Vendor The organization/vendor/proposer that is awarded and has an approved contract with the City of Livingston, California for the services identified in this RFQ/P. Also Referred to as the Project Architect.

City The City of Livingston and any department or agency identified herein Program/Project Manager
(PM)
The City’s designated Program/Project Manager
Dept. of Public Works The City’s Department of Public Works.

Consultant Organization/individual submitting a response to this RFP.

Evaluation Committee An independent committee comprised of representatives of the City established to review proposals submitted in response to the RFP, score the proposals, and select a vendor.

May Indicates something that is not mandatory but permissible.

Proposer The Firm/Team submitting a Proposal in response to this RFQ/P Project Architect (PA) The Awarded Vendor, the Firm that shall have overall responsibility for the Design of the Project.

Proposal A written response to this RFP, including all exhibits,supplementary materials, and attachments thereto, pursuant to the requirements set forth in thisRFQ/P
RFP Request for Proposal.

Services for Work Services for Work to be provided by the Consultant Shall/Must Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as nonresponsive.

Should Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the City may, at its sole option, ask the vendor to provide the information or evaluate the proposal without the information.

Subcontractor/ Subconsultant Third party employed by the vendor who will provide services identified in this RFQ/P.

RFP – Architecture and Engineering Design and Consultant Services for the Livingston Rec-Plex
City of Livingston – Livingston Rec Plex

APPENDIX F –

DESIGN PROFESSIONAL SERVICES AGREEMENT
See attached Document

RFP – Architecture and Engineering Design and Consultant Services for the Livingston Rec-Plex
City of Livingston – Livingston Rec Plex

APPENDIX G –

DEBARMENT, SUSPENSION, INELIGIBILITY CERITIFICATION
Debarment, Suspension, Ineligibility Certification
(Please read attached Acceptance of Certification and Instructions for Certification before completing) This certification is required by federal regulations implementing Executive Order

1. The potential recipient of Federal assistance funds certifies, by submission of proposal, that:
• Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
• Have not within three (3) year period preceding this bid/agreement/proposal had a civil judgment rendered against them for commission of fraud or been convicted of a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. • Are not presently or previously indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in the above paragraph of this certification; and
• Have not within a three (3) year period preceding this bid/agreement/proposal had one or more public (Federal, State, or local) transactions terminated for cause of default.

2. Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal. _
Signature of Authorized Representative
Title of Authorized Representative
Business/Contractor/ Agency Date

RFP – Architecture and Engineering Design and Consultant Services for the Livingston Rec-Plex
City of Livingston – Livingston Rec Plex

Acceptance of Certification

1. This bid/agreement/proposal or like document has the potential to be a recipient of Federal funds. To follow Code of Federal Regulations, the City requires this completed form. By signing and submitting this document, the prospective bidder/proposer is providing the certification and acknowledgement as follows:

2. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

3. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/ordebarment.

4. The potential recipient of Federal assistance funds agrees by submitting this bid/agreement/proposal or like document that, should the proposed covered transaction be entered, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

Instructions for completing the form,
Attachment –DebarmentCertification

1. The City of Livingston sometimes receives Federal funding on certain purchases/Projects. To ensure that the City follows Federal regulations we require this form to be completed.

2. If your business follows the conditions in the form, please have the appropriate person complete and sign this form and return with your bid/proposal/agreement.

3. If at any time, your business or persons associated with your business become debarred or suspend, we require that you inform us of this change in status.

4. If there are any exceptions to the certification, please include an attachment. Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception, indicate to whom it applies, initiating agency and dates of action.

5. Note: Providing false information may result in criminal prosecution or administrative sanctions.

If you have any questions on how to complete this form, please contact the The City of Livingston Public Works Department at xxx

RFP – Architecture and Engineering Design and Consultant Services for the Livingston Rec-Plex
City of Livingston – Livingston Rec Plex

APPENDIX H –

CONCEPTUAL PLAN FIGURES
See attached Document

SVA ARCHITECTS, INC.
7901 STONERIDGE DR, SUITE 100
PLEASANTON, CA 94588
T: 925.374.9884
WWW.SVA-ARCHITECTS.COM
Submitted by:

CITY OF LIVINGSTON
Request for Qualifications/Proposals (RFQ/P)

ARCHITECTURAL & ENGINEERING DESIGN
& CONSULTANT SERVICES

FOR THE LIVINGSTON REC PLEX
“Envelope A”

RESPONSE

TO REQUEST ARCHITECTS

TAB Section Heading Page
a. Cover Letter 01
b. Company & Background 02
c. Firm Project Profile, Related Project Experience & References 04 d. Project Understanding & Approach 10
e. Project Team Organization & Subconsultants 16
f. Staffing Resources, Qualifications & Staff References 18 g. Appendix A & Staff Resumes 22
h. Appendix B 41
i. Appendix C 42
j. Appendix D 43
k. Appendix F 44
l. Appendix G 45

TABLE OF CONTENTS

ARCHITECTS

SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 01 a. Cover Letter
June 21, 2024
City of Livingston
1416 C Street Livingston, CA 95334
Attn: Stephanie Fujimura, Project Manager – DAHLIN Group RE: Request for Qualifications/Proposals – City of Livingston Rec Plex – Design Services Dear Ms. Fujimura:

SVA Architects, Inc. (SVA) is excited to have the opportunity to submit our proposal to the City of Livingston (City) to provide professional architectural/engineering services for the new Livingston Rec Plex. SVA is a respected architectural firm with a significant portfolio of recreation and community-focused projects throughout California. Working closely with the City and DAHLIN, SVA will lead a comprehensive team of design experts whose ultimate goal is to deliver a high-quality and sustainable design.

Our design team will consist of myself, Nathan Herrero, as Principal-In-Charge and Senior Project Manager, Robert M. Simons, as Architect of Record, Christopher Bradley as Senior Project Architect, and Robert Puleo as Director of Interiors. A few of our key strengths is provided below. An overview of our key strengths is provided below.
• Relevant Public Sector Experience — SVA and its staff have developed a diverse portfolio of civic and public sector work, including designs for new construction and renovation and modernization of existing structures. Some of our current and recent civic clients include the City of Cupertino, City of Milpitas, City of West Sacramento, and City of Mountain View. • Expertise in Designing Recreation & Community-Focused Facilities — SVA has substantial experience with a variety of gymnasiums, sports fields, recreation centers for both civic and educational clients. Those facilities include indoor basketball courts, multipurpose rooms, teen/senior facilities, administrative and support space, and commercial kitchen facilities. We have completed many similar recreation projects in California, some of which are featured in our proposal. • Consensus Building — Our most exciting projects are those in which we get to collaborate with various stakeholders. For this project, we will work closely with the City, DAHLIN, and your project committee throughout the various tasks. Our team will continue the design efforts developed to date and we are very aware that one of the key goals is to ensure the project is designed to the established funding/budget.

I attended the mandatory site walk and have a good understanding of the project scope, as well of the project challenges. The SVA Team is eager to gain the City of Livingston as a satisfied client. Utilizing a fully integrated design approach, SVA will meet and exceed the City’s goals for this project. Our reputation in completing similar projects, our design excellence, and our repeat relationships with satisfied clients make us a great candidate and we look forward to the opportunity to show our commitment to the City.

Sincerely,
Nathan Herrero AIA, LEED AP, Principal & Vice President [email protected] | C: 209.614.5395
SVA ARCHITECTS, INC.
7901 Stoneridge Dr., Suite 100
Pleasanton, CA 94588
T: 925.374.9884
www.sva-architects.com ARCHITECTS

SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 02

FIRM HISTORY & EXPERIENCE
Since its founding in 2003, SVA Architects,
Inc. has offered architectural planning, and
design services to civic clients across California
and the western United States. Our team has
been at the forefront of developing new and
renovation of community centers, recreation
facilities, administrative spaces, educational complexes, libraries, etc. Dedicated to designing longevity and sustainability as well as achieving client satisfaction, SVA has worked with many public agencies including cities, counties, parks and recreation agencies, and public safety organizations, transportation authorities, K-12 school districts, colleges and universities.

Leading the SVA team are Robert Simons, AIA, and Ernesto Vasquez, FAIA, NCARB, renowned community advocates who
regularly and avidly interact with cities and counties, school districts, colleges and universities, and redevelopment agencies to bring the goals of viable communities to fruition, with a key focus on 21st century design and sustainability.

As a team, our sole mission is to adopt our client’s objectives and dedicate ourselves to the achievement of the client’s goals. The firm has been recognized with prestigious awards and has been lauded for creating vibrant, thriving environments for numerous communities throughout California. SVA approaches design and sustainability simultaneously, making us one of the country’s most versatile and respected architectural firms.

WHY SVA?
SVA has the staff resources, project management, design, and technical capabilities to complete the required scope of work for this project. With our understanding of the project from the information in the RFQ/P, and the site walk, we believe SVA is well-suited for this project based on the following assets. ■ Public Sector Expertise – SVA has decades of experience working along side Cities, Counties, and many Districts in delivering facilities for their communities. SVA has received both new and repeated work commissions based on our reputation, client satisfaction, design excellence, technical expertise, sustainable design approach, teamwork, and our overall commitment to our clients. ■ Recreation & Community Center Experience — SVA prides itself on the innovative community centers it has provided for various clients over the years, providing the maximum amount of flexibility for each project with various uses and events that occur on them. We have relevant experience within our portfolio from which we can draw experience and provide towards your project. b. Company & Background
Company
Ownership
Robert M. Simons,
AIA
Ernesto Vasquez,

FAIA, NCARB
Legal
Structure
California S
Corporation
(September 3, 2003)
Office
Location(s)
Pleasanton (Office
to Serve Project),
Davis, Santa Ana,
San Diego
Point of
Contact
Nathan Herrero
7901 Stoneridge Dr,
Suite 100,
Pleasanton, CA
94588
T: 925.374.9884
Number of
Employees
70+ (Nationally)
70+ (Regionally)
15 (Locally)
Years in
Business 20+ Years
Errors/
Omissions
Claims (10
Years)
None
Litigation Or
Investigation,
Claims,
Lawsuits
None
Areas of
Expertise
■ Architecture
■ Planning
■ Interiors
■ Sustainable
Design
■ Landscape

ARCHITECTS

SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 03 ■ Consensus Building — Our design approach is rooted in communication, listening, transparency, and trust-building. On all projects, our team has had positive experiences and results by reaching out early to residents, key community stakeholders, public officials, and facility staff to discuss the planned project, listen to critical feedback, and incorporate community input into the development program.

We take this feedback seriously and allow it to guide our design process. We are confident that with active involvement coming from both parties we will deliver a highly successful project. ■ Commitment & Passion — SVA is a firm dedicated to and passionate about designing the places where people gather and learn. This project will provide a new space for Livingston’s communities to come together. It is important that the team chosen to fulfill this assignment understands the full range of possibility and has a proven record of delivering such projects.

PUBLIC SECTOR EXPERIENCE
SVA has worked with many public and/or private agencies including local governments, public works departments, military, and educational clients. No project is too big or too small. Our work ranges from community centers, libraries, performing arts centers, civic centers, and public safety facilities to ADA upgrades, park shelter replacements, and maintenance building remodels. Focusing on design excellence, we review and analyze each site, the project objectives, delivery schedule, and budgetary items. As a collaborative team, our sole mission is to adopt our client’s objectives and dedicate ourselves to the achievement of the client’s goals. We have the staff, knowledge and availability to complete the City’s project on time and on budget. Below is a partial list of our firm’s civic clients we have provided similar services for.

FINANCIAL STABILITY
SVA is in good financial standing with adequate resources. Our firm has grown at a steady pace over the last 20 years, currently over 70 staff. Our Pleasanton and San Diego offices have both expanded in the last three years, and we recently opened a new office in Davis. We believe this is a positive indication of our firm’s financial stability.
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SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 04 c. Firm Project Profile, Related Project Experience & References

EXPERTISE WITH RECREATION
& COMMUNITY CENTERS
SVA prides itself on the innovative recreation and
community centers it has provided for various clients
over the years, providing the maximum amount
of flexibility for each project with various uses and
events that occur on them. Our design philosophy
is to develop a project with input from all available
sources. In this regard, we recommend conducting
project workshops with key staff members from
administration, maintenance personnel and key user
groups of the facilities.

SVA has decades of relevant project experience in
California; specific to the City of Livingston and its
Rec Plex project, our team has led many similar
design processes with outstanding results. Our team
is dedicated to collaborating closely with key staff
and stakeholders to integrate feedback and input, we
will craft and fine-tune a comprehensive scope that
aligns with your specific requirements and budget.

Further, our team of engineers and consultants will
provide their expertise throughout the process in
order to make our approach complete and inclusive
of all elements.

Our portfolio encompasses a variety of facilities that
range from city community centers to new athletic
facilities for college sports programs. We have
relevant experience within our portfolio from which
we can draw experience and provide towards all our
future clients. Particularly relevant to the Livingston Rec Plex, are our past projects with the Oakland
USD’s La Escuelita Education Center, City of Temecula
Margarita Recreation Center, East Side UHSD’s
Evergreen Valley High School Cougar Hall, Redondo
Union’s Gymnasium and Aquatics Center, and the
South Pasadena Athletics Facilities.

PROJECT EXPERIENCE
To further show our qualifications, these examples of
our current and recent relevant projects are featured
on the following pages.

SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 05

CITY OF TEMECULA MARGARITA RECREATION CENTER, TEMECULA, CA The project includes the complete demolition of the existing Margarita Recreation Center and pool and replacement with a completely new facility. The new building is a single-story structure of approximately 8,500 sq. ft. and includes a multipurpose room (with room divider), dance/fitness room, classroom, kitchen, separate main and pool offices, restrooms with showers and changing areas, family restrooms, and storage. The facility also includes an outdoor 25-yard pool with both zero-depth entry and diving board.

Client City of Temecula
Project
Status/
Completion
Date
Completed /
February 2024
Procurement
Method Design-Build
Construction
Cost/Dollar
Value of
Services
$8.8 M / $565,000
Key Staff
Involved
■ Robert M.

Simons - AOR/
PIC
■ Lori Ichisaka -
PM
■ Mel Tan - Sr. PA
■ Robert Puleo -
Interiors

EVERGREEN VALLEY HIGH SCHOOL COUGAR HALL STUDENT UNION, SAN JOSE, CA The Student Union functions as a space where learning and socializing occur simultaneously. The project fulfills several campus objectives. The indoor/outdoor experience provides space for varied functions and groups. It supports dining areas, student activities, and presentations. Semi-public functions such as student lounges and meeting spaces are also part of the open plan. The site’s unique proximities allow an inviting transition of unobstructed flow of indoor/outdoor spaces providing a seamless experience to/from the student union, the learning center, food service, conference rooms and outdoor seating.

Client East Side Union HSD
Project
Status/
Completion
Date
Completed /
May 2023
Procurement
Method Design-Build
Construction
Cost/Dollar
Value of
Services
$17 M / $757,000
Key Staff
Involved
■ Robert M.

Simons - AOR/
PIC
■ Nathan Herrero
- Sr. PM/PA
■ Chris Bradley -
Sr. PM/PA
■ Robert Puleo -
Interiors

SVA ARCHITECTS, INC. | City of Livingston Rec Plex – Design Services – Envelope A | 06

UC RIVERSIDE THE BARN THEATER & DINING COMPLEX, RIVERSIDE, CA

CITY OF LA HABRA CIVIC CENTER, LA HABRA, CA
The Barn at UC Riverside has long been an iconic and historic structure at the heart of the campus. It was originally incorporated into the university in 1954 as part of the Citrus Research Station and evolved into a dining and music performance venue until it was closed down in 1999. SVA restored and expanded this campus hub, adding a new commercial kitchen and two new structures:
the faculty/staff dining club and The Barn Theater. Combined, the three buildings form a central courtyard for outdoor dining and a wide variety of events bound to reinvigorate an important cultural vitality to the campus.

After outgrowing their old civic center, the City of La Habra partnered with SVA to convert an existing business complex into a spacious and modern 21st century civic center. The facility features ample space for La Habra’s City Hall, along with all civic departments, as well as a U.S. Post Office, new police department evidence storage, and a multi-use training/workshop space. A key design feature of this project is the transformation of an exterior courtyard into an enclosed, atrium-style lobby that fills the entrance with natural light and provides a central hub for all civic business.

Client UC Riverside
Project
Status/
Completion
Date
Completed /
December 2019
Procurement
Method CM at Risk
Construction
Cost/Dollar
Value of
Services
$19.8 M /
$1,400,000
Key Staff
Involved
■ Robert M.

Simons - AOR/
PIC
■ Nathan Herrero
- Sr. PA
■ Doug Brown -
Sr. PM
■ Robert Puleo -
Interiors
Client City of La Habra
Project
Status/
Completion
Date
Completed /
June 2017
Procurement
Method Design-Build
Construction
Cost/Dollar
Value of
Services
$14.8 M /
$661,039
Key Staff
Involved
■ Robert M.

Simons - AOR/
PIC
■ Nathan Herrero
- Sr. PA
■ Doug BrownSr. PM
■ Robert Puleo -
Interiors