PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 2 022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and RHA Landscape Architects Planners, a (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s busines s and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best prof essional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Nathan Bluhm, Senior Project/Landscape Coordinator (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED THIRTY-THREE THOUSAND SEVEN HUNDRED TWENTY DOLLARS and 00/100 ($233,720.00), with a contingency for additional costs in the amount of TWENTY-THREE THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS and 00/100 ($23,372.00), without the prior written authorization of City. The total not to exceed amount for this agreement shall not exceed TWO HUNDRED FIFTY-SEVEN THOUSAND AND NINETY-TWO HUNDRED and 00/100 ($ 257,092.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, i nsurance, reproduction, telephone, travel, auto rental, subsistence, and all related expenses.
2 3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (3 5) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor e have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation, therefore. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are r equired under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means b y which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salari es, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
3 7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no author ity, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.
10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within ten (10) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
4 a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements f or employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporat ion employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active 5 negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights o f any kind to any person or entity which is not a signatory to this Agreement.
d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of One Million Dollars ($1,000,000) per occurrence.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of a combined single limit of One Million Dollars ($1,000,000).
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by 6 Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of thi s Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
7 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls wi thin any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified preva iling rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not kno wingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
8 (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing an d signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.
9 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
RHA Landscape Architects-Planners, Inc. City of Orange 6800 Indiana Avenue, Suite 245 300 E. Chapman Avenue
Riverside, CA 92506 Orange, CA 92866-1591
Attn.: Doug Grove, President Attn.: Nathan Bluhm, Senior Project/ Landscape Coordinator
Telephone: (951) 781-1930 Telephone: (714) 532-6491 E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page]
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
RHA Landscape Architects Planners CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By:
Printed Name:
Title: ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 COMMUNITY SERVICES DEPARTMENT 230 E. CHAPMAN AVENUE ORANGE, CA 92866
REQUEST FOR PROPOSAL (RFP)
Bid No. 22-23.03
HART PARK PICKLEBALL
AND
FITNESS CIRCUIT DESIGN
COMMUNITY SERVICES DEPARTMENT
230 E. Chapman Ave., Orange, CA 92866
PROJECT NAME: Hart Park Pickleball and Fitness Circuit Design Location Address: 701 S. Glassell Street, Orange, CA 92866
Contact: Nathan Bluhm, Senior Project/Landscape Coordinator Phone: 714 532-6491 (office)
E-Mail: [email protected]
INTRODUCTION: The City of Orange, a Municipal Corporation, is requesting proposals from qualified professional firms to provide architectural and engineering services for preparation of design and construction documents for the Hart Park Pickleball and Fitness Circuit project. Services requested include, but are not limited to all necessary architectural, landscape architectural and engineering services for the development and preparation of conceptual plans, design schemes, project budget, environmental documentation and related studies as necessary , construction plans, technical specifications, and schedule/timeline. The successful firm will be responsible for getting the plans through all necessary plan check processes and securing all necessary permits.
PROJECT BOUNDARIES: The site map below represents a general description o f the project boundaries. A ctual project boundries will be identified and developed through the design process.
HART PARK SITE MAP/PROJECT LOCATION
BACKGROUND/DESIGN PROGRAM: W.O. Hart Memorial Park (Hart Park) is a 56 acre community park, located within the Old Towne Orange Historic District. The park land was originally acquired by the City in 1933, and established as the first ”Orange City Park” in 1934. Hart Park is designated in the National Register of Historic Places, and is home to several historic structures and architectural elements. The historic significance of Hart park must be carefully considered in developing the design program, and the design pallete should reflect the historic environment while at the same time provide for a first class pickleball facility and fitness amenities to meet the needs of the community. The proposed pickleball facility and fitness circuit amenities should include but not be limited to: lighted pickleball courts, area lighting, outdoor fitness equipment, paved access to all amenities, spectator seating, fencing, wind screens, benches, landscaping and park amenities.
GENERAL PROVISIONS:
1. NOTE: All described design work shall be in compliance with the City of Orange Public Works Standard Plans and Specifications, the current edition of the CalTrans “Green Book ,” the City of Orange Landscape Standards and Specifications, and City of Orange Parks Construction Standards.
2. A recommended job walk has been scheduled for Wednesday, July 6, 2022 at Hart Park, at 2:00 pm . The park is located a t 701 S. Glassell Street, Orange, CA 92866. Please bring a business card if you plan to attend.
3. The successful firm shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1.
4. If applicable, the successful firm shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
SCOPE OF SERVICES
The following is a general outline of the scope of services to be provided by the consultant. While it is intended that the following scope include all elements essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items which they feel may have been overlooked.
TASK 1 – PRELIMINARY PLAN AND DESIGN REVIEW
The successful firm is to prepare Preliminary Plans which shall include, but not be limited to the following:
Develop an understanding of the historic significance of Hart Park, the design program, and the project site and scope.
Compile and review existing record drawings.
Conduct site reconnaissance and site survey to confirm existing conditions. Prepare an engineered base map which includes : the site boundary/property line, existing grades, location o f existing roads, utilities, parking, facilities and improvements, and identification of public right of ways and the location of relevant property ownership and easements.
Conduct a kick-off meeting and subsequent meetings with City staff. Provide a schedule and timeline showing activity and duration for each task , and relevant milestones.
Review a nd identify environmental issues and criteria, and prepare associated reports and documentation.
Prepare conceptual/preliminary plans and support information such as materials boards etc. as necessary to convey design intent.
Prepare colored presentation documents for and participate in public meetings such as Park Planning and Community Events Commission, and City Council. Prepare an accurate cost estimate and identify any long lead items. Provide cost saving alternatives for the City to consider.
Preliminary Plan Requirements:
This scope of work assumes the following program: new lighted Pickleball facility, area lighting, fitness equipment, paved access to all facilities for pedestrians as well as maintenance equipment/vehicles, spectator seating/viewing area(s), fencing with wind screens, benches, drinking fountains, trash receptacles, bike racks, landscaping etc.
Preliminary Plan shall include:
Placement of all new facilities and improvements including setbacks , and any hardscape and/or paving adj ustments for typical pedestrian and maintenance vehicle ingress/egress into and around the new facilities and improvements. New Landscaping and Tree Protection Plan.
Preparation of a Water Quality Management Plan.
Preparation of a Preliminary Grading Plan.
Title Page with project title.
Scale and north arrow.
A legend that references and clearly identifies, but is not limited to, all perimeter and interior sidewalks, existing structures and buildings, trees , existing orange grove, baseball field s, parking area, park lighting, seating areas, paving/hardscape areas, fencing/walls and any/all site amenities. Photo imagery of the proposed new facilities and improvements that are critical in communicating the design intent.
Name, license number, address and phone number of firm. Property lines and project limits, easements and/or setbacks. In addition, include parking lot and drive isle dimensions and radius es that are critical for maintenance service vehicles and Fire Department plan approvals.
Estimated Cost/Value Engineering of Proposed Work
The successful firm is to prepare an initial opinion of probable construction costs for the proposed work. Cost estimate and value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation, even if a specific phase is not diagramed or shown pictoria lly within the conceptual/preliminary plan drawing, examples - new irrigation, soil preparation, new utilities etc.
Additional notes for Conceptual/Preliminary plan preparation:
The Conceptual/Preliminary plan is subject to criteria as spe cified within the City of Orange Landscape Standards and Specifications Section III, and Parks Construction Standards Section I - Design Guidelines and Construction Document Preparation.
The final scale of the finished Conceptual/Preliminary plan will be determined by the City of Orange representative and the design firm.
The Conceptual/Preliminary plan is subject to City of Orange review.
TASK 2 - CONSTRUCTION DOCUMENTS
The successful firm is to prepare final working drawings (plans, details, schedules and specifications) for the new improvements as well as any park elements/areas that are to be renovated, to reflect the conclusions of the environmental review and all approvals, as well as any state/grant funding requirements. Plans and specifications shall comply with all adopted Federal, State, and local laws, ordinances and codes and shall include the following but not be limited to:
Cover Sheet
Grading and Drainage Plans and Details
Construction Plans and Details
Architectural and Details
Structural and Details
Electrical and Details
Utility Plans and Details
Irrigation Plans and Details
Planting Plans and Details
Specifications
Additional notes for Construction Document plan preparation:
Construction documents are to be bid ready, including all ge neral notes and specifications.
The construction documents are to comply with all City of Orange Design Guidelines and, if applies, State of California irrigation and City of Orange planting design standards.
Irrigation plans are to comply with the City’s guidelines for Water Efficient Landscapes (WELO).
The construction document plans/sheets are to be drawn no smaller than 1”= 20’ scale.
The final plan set is subject to City of Orange re view. Any needed revisions to the plan set will be provided at no extra fee.
SPECIAL INSTRUCTIONS:
The successful firm is to include within this request for proposal the following:
1. A cover letter that conforms to the following:
a. Signed by a person authorized to bind the firm contractually. b. Provides the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the firm’s selection process.
c. Provides the name, title, addres s, and telephone n umber of the individual who is authorized to contractually bind the firm.
2. Firm Information:
a. Legal name of firm and type of organization.
b. All design professional license numbers.
c. Firm location (s) and phone number (s).
d. Date firm established.
e. Number of employees.
f. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project t eam, including any sub consultant positions or sub consultant tasks that would be related to this RFP. Submit appropriate team member resumes as an attachment.
3. Firm Experience:
Provide a brief description of three (3) projects for which the firm has provided a comparable or similar service during the past ten years, demonstrating its experience on similar projects to those contemplated in this bid proposal. Include the following:
a. Client name, contact name, and phone number.
b. Project description and location.
c. Dates of the project(s).
d. Description of services provided.
e. Total cost of services provided.
4. Timeline for completion of work.
5. An hourly fee schedule for additional or extra work (to be submitted separately in a sealed envelope with Fee Proposal).
6. If awarded this contract, the successful firm is to provide a project schedule showing a starting and completion timeline for all phases
of work.
7. All questions, requests for clarification, and comments shall be sent to the City by Email, and must be clearly titled “Written Questions”. All such emails shall be sent to Nathan Bluhm, Senior Project Landscape Coordinator at [email protected] by 12:00 PM on Monday, July 11, 2022.
SELECTION CRITERIA:
Evaluation of the proposals shall be b ased on a competitive selection process. Fiscal responsibility is a priority for the City. However the evaluation of proposals will not be limited to price alone. The City will se lect the most qualified firm on the basis of demonstrated competence, experie nce, references, and value, for services to be performed. The City also reserves the privilege of interviewing the top candidates.
The successful proposal will demonstrate experience in providing the consultant services as described within this RFP. While the experience and resources of the successful firm are important, it is critical that the manager proposed for overall authority on the project have extensive relevant experience and capability. The consultant will work effectively with City staff and complete assigned tasks within budget and within the project schedule.
The following criteria shall be used in selecting the firm ultimately chosen for this project:
A. Firm experience and staff qualifications of the specific individuals who will work on the project. Also, experience of any sub consultants working on this project.
B. Demonstrated record of success by the consultant on work previously performed for the City and/or other municipalities or enterprises. Firm’s responsiveness to the overall request for information within this RFP.
Based on the information submitted, the Selection Committee will make a final choice, and the successful consultant will execute an agreement for Consultant Design Services with the City of Orange for the completion of this work. An interview may be required with the top scoring firms. The City of Orange reserves the right to negotiate cost of work within the Request for Proposal.
The following criteria shall be applied to each submittal:
Each Firm is to submit, in response to this RFP, said fees in a separate sealed envelope (see Attachment A: Fee Proposal Summary).
Note- Each F irm is to include with said Fee Proposal Summary a detailed schedule showing the Firm’s hours/costing that will be dedicated to each phase/discipline of Tasks 1 & 2.
The City reser ves the right to revise this RFP prior to the date the proposa ls are due.
Revisions to the RFP will be sent to all known participants. The City reserves the right to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and are public record. The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule; submittal date; and submittal requirements. All known participants shall be notified of any cancellation or revisions prior to the submittal date. The City also
reserves the right to request additional information and clarifications regarding any proposals received.
MISCELLANEOUS:
1. The City of Orange will provide to the successful firm all available existing auto cad/electronic files of the Hart Park site.
2. The successful firm represents and warrants that it has thoroughly investigated and considered th e scope of services and fully understands the difficulties and restrictions in performing the work. The successful firm represents that it is experienced in performing the work and will follow professional standards in performance of the work. All service s provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.
3. At the conclusion of each phase of the project, the selected firm will include and submit to the City of Orange all electronic files on a USB Flash drive in both AutoCAD format as well as PDF.
Direct all questions regarding this project and RFP to:
Nathan Bluhm - Senior Project Landscape Coordinator
Office: (714) 532-6491
[email protected]
REQUEST FOR PROPOSAL SUBMISSION:
Provide responce to the above REQUEST FOR PROPOSAL on attached Sheet and return all pages of the Req uest for Proposal . Provide three copies of your proposal at time of submission and mark o n t he sealed package - Bid No. 22-23.03.
Proposals must be received by the Office of th e City Clerk, City of Orange, 30 0 E .
Chapman Ave. Orange, California, 92866, on or before Thursday, July 21, 2022 at 2:00 p.m.
__________________________________________ ___________________________________________
TIME LINE (APPROXIMATE):
1. Recommended job walk: July, 06, 2022 at 2:00 p.m.
2. Deadline for questions regarding project/RFP: July, 11, 2022 by 12:00 p.m.
3. Proposals due: July, 21, 2022 by 2:00 p.m.
4. Interview (if necessary) TBD
5. City Council Consideration: September 13, 2022
6. Notice to Proceed: TBD
Attachment A
FEE PROPOSAL SUMMARY
This page is to be submitted in a separate sealed envelope.
The undersigned as bidder declares that he/she has carefully examined the location of the proposed work, and hereby proposed and agrees, if the proposal is accepted, to do all work required to complete the said work for the price set forth. The undersigned has checked all words and figures inserted in the bid submittal, and understand that the City of Orange will make no allowance for any error or omission on the part of the undersigned. The undersigned has thoroughly read and understo od all seven pages of this RFP.
Task 1 – Preliminary Plan $______________________ (Figures)
Task 2 – Construction Documents $______________________ (Figures)
Total Bid_________________________________ $______________________ (Words) (Figures)
Rates and Fees
Include a separate additional hourly schedule that includes ‘Rates and Fees’ for services requested after award that may be considered as extra or additional work not included in this proposal.
THE CITY OF ORANGE R ESERVES THE RIGHT, A ND IS HEREBY GRANTED THE
RIGHT, TO REJECT ANY AND ALL BIDS, TO AC CEPT OTHER THAN THE LOWEST BID, AND TO WAIVE ANY INFORMALITY IN THE BIDS.
Authorized Signature___________________________________________________________
Printed Name: ________________________________________________________________
Title: ________________________________________________________________________
Name of Company: ____________________________________________________________
State License Number and Classification Designation: _________________________________
Executed this________day of_________________, 2022 at____________________, California.
RFP -
PROPOSAL FOR
NEPA DOCUMENTATION SERVICES FOR THE
HART PARK PROJECT
Presented to:
Doug Grove, RLA, ASLA, LEED AP, President
RHA Landscape Architects Planners, Inc.
6800 Indiana Avenue, Ste. 245
Riverside, CA 92506
E: [email protected]
Prepared by:
UltraSystems Environmental Inc.
16431 Scientific Way
Irvine, CA 92618
UEI No. 220610
October 2022
❖ Table of Contents❖
Page i
UEI No. 220316
TABLE OF CONTENTS
1.0 Project Team | Key Personnel ............................................................................................................. 2
2.0 Project Understanding .......................................................................................................................... 2
3.0 Work Scope ................................................................................................................................................ 2
4.0 Fee Quote .................................................................................................................................................... 9
TABLES
Table 2.0-1 - Key Personnel ............................................................................................................................................... 2 Table 4.0-1 - Task-By-Task Cost Breakdown ............................................................................................................. 9
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1.0 PROJECT TEAM | KEY PERSONNEL
Our Project Team has the necessary resource capacity and availability to deliver on this project. The primary roles of our project team are noted below, and the team will be led by experienced senior UltraSystems staff (many with more than 30 years of technical expertise). All key personnel have proven experience managing park projects. Resumes for the Project Director and Project Manager are in the Technical Appendix of this proposal.
Table 2.0-1
KEY PERSONNEL
Personnel Name | Degree Project Role Yrs. Exp.
Management Team Leads
Betsy A. Lindsay, MURP, ENV SP Project Director 35+
Michael Milroy, MS Project Manager – Point of Contact 16 Key Technical Staff
Michelle Tollett, B.A. Biological Resources: Biological Resources and Arborist Surveys 21
Michael Rogozen, D.Env. AQ, GHG, noise and energy impact assessments 46
Steve O’Neil, MA, RPA Cultural Resources Assessment 43
Subconsultants
Tom Tang, President/CEO
CRM Tech Historical Resources Assessment 30+
2.0 PROJECT UNDERSTANDING
The City of Orange proposes to develop a small portion of a 56 -acre park (“ Hart Park”) at 701 S.
Glassell Street, Orange, CA. Hart Park is designated in the National Register of Historic Places and is currently home to several historic structures and architectural elements, that are located throughout the park site. WPA projects include the Bandshell and the Bath House/Plunge in the park (1933 - 1935).
The City is proposing to develop a small area of the park for a proposed pickleball facility and fitness amenities to meet the needs of it residents. Development would include lighted pickleball courts, area lighting, outdoor fitness equipment, along with paved access to these amenities.
3.0 WORK SCOPE
NEPA Environmental Review
The proposed project would receive funding from the U.S. Department of Housing and Urban Development (HUD). Since federal funds allocated through HUD would be used to augment available fiscal resources, the project is required to demonstrate compliance with the National Environmental Policy Act (NEPA). Based on these requirements, the project applicant (in coordination with the City of Orange and HUD) must prepare e nvironmental documents satisfying federal disclosure obligations.
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UltraSystems recognizes that the area of potential environmental effect is developed and urbanized and therefore, no longer reflects a natural (or undisturbed) environment. Although limited in overall geographic extent, the project area will require both a physical inspection and an analysis to a level adequate to demonstrate full compliance with applicable environmental disclosure obligations.
The scope of services provided by UltraS ystems has been carefully tailored to reflect the proposed project. The work program below represents a comprehensive, multi -disciplinary approach to the preparation of the project’s environmental review record (ERR) and associated activities required to demonstrate full compliance with NEPA and their corresponding implementing guidelines.
This section outlines the work program that UltraSystems will conduct to ensure the successful preparation of a NEPA EA/FONSI for the proposed Hart Park improvement project. These actions and the resulting documents will serve as the environmental basis for subsequent discretionary actions by applicable responsible agencies, and satisfy procedural requirements established for the obtainment of federal funds. Additi onally, these actions will facilitate full public disclosure of the environmental consequences of both the proposed action and those alternatives addressed in the environmental review record and will serve as a vehicle for the solicitation and disseminati on of public and agency comments.
The scope of work for the proposed project would be dependent on the time of federal funds used for the proposed project – either for construction or operation purposes.
Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) If the project proposes to use federal funding for the construction portion of the project, it is anticipated that an Environmental Assessment (EA)/ Finding of No Significant Impact (FONSI) would be the adequate NEPA documentation required for the project. Should the Le ad Agency, as a result of information presented in the EA conclude that significant environmental effects may occur as a result of the project, the project applicant will be required to prepare a focused Environmental Impact Statement (EIS) (under NEPA) to identify and evaluate the environmental consequences associated with the proposed project (identified under NEPA as the “preferred alternative”) and other project alternatives. At this time, we believe that an EIS will not be necessary, and that an EA/FONSI will suffice for this proposed project.
MAJOR TASK 1.0 – PROJECT MANAGEMENT, MEETINGS AND PROJECT DESCRIPTION Task. 1.1: Project Kick‐Off Meeting. UltraSystems’ assigned project manager will attend one (1) project kick-off meeting (virtual meeting) with RHA and City staff. UltraSystems will be responsible for taking the minutes of the meeting and distributing those minutes. The purpose of the orientation meeting is to: (1) introduce the key stakeholders; (2) review and verify the project schedule with all parties; (3) review and verify all project deliverables with all parties; (4) receive all applicant - prepared technical studies, along with any other materials the Lead Agency deems pertinent to the project; and (5) verify project communication protocols among the project team.
Note: This meeting will be done concurrently with the CEQA Environmental Document meeting.
Task 1.2: Project Management. This task consists of routine project management and coordination activities by our Project Manager througho ut the contract performance period. Included are such items as labor and schedule maintenance, preparing correspondence to the City and internal QA/QC ❖ NEPA DOCUMENTATION SERVICES ❖
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functions. This also includes attendance by our project manager at one (1) public hearing as well as one (1) progress meeting (via Zoom) during the contract performance period. It is our assumption that the progress meeting will be either virtual or via telephone.
Task 1.3 : Scoping Activities . The broad -based solicitation of public and governmental agency comments (defined as “scoping”) is an important element in the fulfillment of NEPA obligations. To document the Lead Agency’s outreach efforts, a comprehensive scoping program is perceived as a vital element in this undertaking and (as appropriate) will serve to facilitate the acceptability of the FONSI as the appropriate format for NEPA compliance. UltraSystems will carry out the scoping activities as part of the RHA outreach activities for this proposal project.
At the project initiation meeting ( Major Task 1.0 ), UltraSystems will prepare and present a draft scoping program, including a list of local , state and federal agencies and key private organizations and individuals that should receive ongoing notification as part of the project’s Environmental Review Record (ERR).
After acceptance by the Lead Agency, UltraSystems’ personnel will prepare and disseminate a notice to responsible and trustee agencies (i.e. public agencies other than the lead agency which have discretionary approval authority such as those issuing permits) soliciting input concerning the proposed project’s potential environmental impacts and feasible mitigation measures to address any impacts. The notice will describe the project in detail and will seek pertinent information to each agency or group(s) specific area of regulatory involvement or expertise. If necessary, i nformal scoping meetings may be conducted with those agencies, organizations and individuals.
In accordance with applicable NEPA requirements, the lead agency shall make diligent efforts to involve the public in the preparation and implementation of the environmental process.
UltraSystems shall work cooperatively with the Lead Agency in the preparation and publication of those public notices specifically identified by statute. In all cases, the lead agency is obligated to mail notices to those parties who have requested formal notice.
Additionally, UltraSystems will provide RHA and the City with appropriate input and guidance concerning noticing requirements as established under NEPA and will prepare draft notices or similar activities in support of those noticing obligations.
Task 1.4: Prepare Project Description. UltraSystems will prepare a comprehensive project description for review and approval by the City for use in either the NEPA EA. The project description will include a thorough description of the overall conceptual site plan; permitted uses, development standards, and circulation patterns. Project construction activities will be characterized and anticipated by construction phases and duration will be discussed along with proposed equipme nt and construction staging areas. In addition, the project description will include a list of discretionary actions requiring approval to implement the project. More specifically, the project description will contain the following to the extent available:
• Project background summary
• List and discussion of required public agency approvals and entitlements • Lighting characteristics including onsite parking, way finding, and security • Offsite vehicular access points including emergency vehicular access • Onsite vehicular circulation and parking
• Onsite pedestrian circulation
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• Stormwater conveyance infrastructure characteristics
• Any offsite improvements required to implement the project • Development phasing of the park improvements and construction phasing • Grading and soil balance
• Construction material and vehicle staging areas (i.e., lay-down areas) • Graphics and exhibits necessary to supplement the narrative including regional and vicinity • Location maps and a conceptual site plan.
At the beginning of preparation of the project description, UltraSystems will also conduct a site visit to photo-document existing conditions on and surrounding the project site.
Deliverables: The draft project description will be submitted in .pdf format to RHA and the City for review and finalized after comments are received back from RHA and the City.
MAJOR TASK 2.0 – PREPARE TECHNICAL STUDY
UltraSystems will prepare the following technical study identified below. All other studies for the CEQA environmental document will be used.
Task 2. 1: Section 106 Consultation for Cultural Resources . UltraSystems will contact the applicable local federally recognized tribes, informing them about the proposed project and soliciting their input. We will submit the cultural and historic resources assessment and tribal consultation materials to the Lead Agency using the approved HUD format and other requirements mandated by HUD. UltraSystems will assist RHA and in coordination with HUD regarding the required tribal consultation efforts and preparation of information for the analysis of impacts on cultural resources required in the draft EA. Based on the results of the coordination with HUD, UltraSystems will prepare required materials and/or conduct additional outreach with applicable federally recognized tribes (if required) for the analysis of cultural resources, in compliance with HUD requirements.
Task 2.2: Assessment of Project Impacts on Cultural Resources. Because existing buildings are located onsite, or these buildings more than 50 years old, UltraSystems will provide an assessment of the proposal project on these resources. To provide the necessary information UltraSystems subconsultant, CRM TECH will accomplish the following tasks:
• Although UEI will make maps for their use, we will still digitize the park boundaries and the area to impacted into our GIS mapping program and produce maps of it and the vicinity on appropriate historic- period and current maps and aerial images for use during the historical background research, the field inspection, and, as needed, for inclusion in our memos/reports.
• Review the results of the historical resources records search of the subject property and immediate vicinity that UEI will obtain from the South Central Coastal Information Center. • Pursue in-depth historical research, using both archival records and oral historical accounts, to develop an understanding of the historic significance of Hart Park, the design program, and the project site and scope.
• Visit the project site and record and analyze the existing conditions of the entire park and the area that will be impacted; during this time the elements that should be preserved will be noted.
• Review the conceptual/preliminary plans and support information to understand the ❖ NEPA DOCUMENTATION SERVICES ❖
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proposed developments and assess their potential to directly and indirectly impact culturally significant aspects of the park.
• Determine the character-defining elements of the park and develop guidelines and recommendation to ensure that those aspects and the historic integrity of the whole park are being preserved.
• Prepare memos providing the results of the research and discuss them with appropriate people so that the project proceeds in compliance with cultural resources; this includes phone, virtual and no more than two in-person discussions, as needed.
MAJOR TASK 3.0 - PREPARE DRAFT ENVIRONMENTAL ASSESSMENT The EA prepared under NEPA requirements will also provide a basis to support the FONSI determinations. The resulting analysis will stress the avoidance of significant environmental effects, where possible, and shall include the identification of feasible mitigation measures designed to avoid, reduce, or rectify identified effects. In fulfillment of this effort, this major task is broken down into four components (task assignments) that are individually discussed below:
Task 3.1: Prepare Draft EA. Upon receipt and subsequent review of comments from local, state and federal agencies, private organizations and key individuals, UltraSystems shall prepare and transmit a draft EA for review by RHA and the Lead Agency. The draft EA will include the following:
➢ Statement of Purpose and Need for the Project. Discusses the project background, purpose and legal authority for the EA, statutory authority, statutory requirements, documents incorporated by reference, project entitlements and regulatory permits required, and agencies that will be consulted regarding the proposed project. ➢ Project Description. Describes the project location, a detailed description of the proposed project, and a statement of the project objectives. Exhibits will be prepared to show the project’s location and t he proposed site plan. A draft project description will be prepared pursuant to 24 CFR 58.32, 40 CFR 1508.25 requirements.
➢ Existing Conditions Trends. Describes the project location and environmental setting, and a detailed description of the project site and its surroundings. A site visit would be conducted to document existing conditions and a detailed narrative of existing conditions will be included in this section of the EA.
➢ Environmental Evaluation . Provides an analysis of potential impacts of the proposed project based upon the Guidelines included in 24 CFR Part 58, Determinations and Compliance Findings for HUD -assisted Projects. The proposed project will be evaluated against those topical issues c ategorized under one of five column headings: “No impact anticipated,” “Potentially beneficial,” “Potentially adverse,” “Requires mitigation”, and “requires project modification.” Mitigation measures will be incorporated into this section if necessary.
➢ Findings and Conclusions. If the Draft EA provides information which supports a conclusion that a FONSI can be prepared for the project (i.e. , no significant effects have been identified and/or those significant effects which have been identified can be mitigated to a level deemed insignificant), UltraSystems will forward recommendations to the City concerning subsequent actions which should be undertaken to finalize the environmental review record. ❖ NEPA DOCUMENTATION SERVICES ❖
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Those recommendations may include finalizing the EA based on information presented therein or supplementing that material with additional technical studies.
Mitigation Measures . This section will include mitigation measures identified to minimize environmental impacts associated with the project and restore or enhance environmental quality.
Sources Used for the Determinations in the Environmental Assessment. This section will identify all persons, and/or organizations consulted and reference documents.
Appendix. Appendices will be attached that include all letters received by the City, any technical studies (e.g. CEQA IS/MND, Phase 1 ESA, air quality, noise, traffic/circulation) prepared for the project and any other pertinent information regarding the NEPA environmental evaluation.
Deliverables: One (1) electronic copy each in MS Word and .pdf format of the Draft EA.
Major Task 4.0 - PREPARE FINDING OF NO SIGNIFICANT IMPACT (FONSI) Task 4.1: Prepare Draft FONSI. The draft FONSI will briefly present the supporting documentation stating the rationale why the proposed project will not have a significant effect on the environment and, for that reason, why an EIS will not be prepared. The draft FONSI will include the EA and mitigation measures referenced ther ein. The draft FONSI will briefly summarize the project description and findings contained in the EA. The draft EA/FONSI will be submitted to RHA, the City as Lead Agency, and HUD for review and comment
After review of the FONSI by RHA and the Lead Agency, if comments are made, the draft EA/FONSI will be revised (by UltraSystems), and resubmitted to RHA and the City, and then to HUD for final approval. After approval of the draft EA/FONSI by the Lead Agency and approval of the FONSI by HUD, UltraSystems will finalize the draft EA/FONSI for dissemination and review.
Deliverables: One (1) electronic copy each in MS Word and .pdf format of the Draft EA/FONSI. One (1) electronic copy of the revised Draft EA/FONSI will be resubmitted if comments are made.
Task 4.2: Public Review of Draft EA/FONSI. UltraSystems will provide the City with assistance concerning noticing requirements as established under NEPA and will prepare draft notices or similar activities in support of those noticing obligations. UltraSystems will disseminate the draft EA/FONSI, including making the EA -FONSI available to the public upon request (40 CFR 1506.6(b)). At a minimum, the EA/FONSI notice should be sent to a newspaper of general circulation, individuals and groups known to be interested in the proposed act ivity, and appropriate local, state and federal agencies.
In addition, notice shall be provided by at least one of the following procedures: 1) publication at least once in a newspaper of general circulation; 2) posting of notices on and off-site in the area where the project is to be located; and/or 3) direct mailings to owners of property contiguous to the project, as shown on the latest equalized assessment roll. For the purpose of this proposal, we have assumed that newspaper publication constitutes the selected strategy. A copy of the notice shall be sent to every responsible agency with jurisdiction by law over the project, every public agency which may be concerned with the project, and the office of the County Clerk.
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Task 4.3: Public Hearing on the Draft EA/FONSI. Should the City elect to hold public meetings to receive comments on the draft EA/FONSI, UltraSystems will attend one (1) public hearing before the Planning Commission and/or City Council.
Task 4.4: Response to Comments. UltraSystems will prepare a stand-alone Responses to Comments (RTC) document, providing written responses to all relevant written and oral comments received by the the City at a scheduled public hearing, and as a result of the public circulation of the draft document and the publication of notices concerning the availability of that document. Upon completion of the draft RTC, one electronic copy of that document will be transmitted to RHA and the City for review and comment. Any changes requested will be incorporated into a revised draft RTC.
This scope of work assumes UltraSystems will prepare responses for up to twenty environmental comments received on the Draft EA/FONSI. The RTCs would be provided to the Lea d Agency, and after receiving one set of consolidated comments from the Lead Agency, the RTCs would be finalized.
If pertinent environmental questions arise at the public hearings that require additional studies, then UltraSystems will either prepare the studies and written responses to these questions or, if those activities are beyond the scope of this proposal, provide RHA and the City with recommendations concerning an appropriate response.
Deliverables: One (1) electronic copy each in MS Word and .pdf format of the Draft and Final RTCs document.
Task 4.5 : Prepare Final EA/FONSI . UltraSystems will revise the draft EA/FONSI based on comments received during the public review period and prepare a Final EA/ FONSI. The RTCs document would be included as an appendix to the final EA/FONSI. Upon completion of the final EA/FONSI, one electronic copy of that document will be transmitted to RHA and the City for review and comment. Any changes requested will b e incorporated into a revised Final EA/FONSI. After approval of the Final EA/FONSI by the Lead Agency and HUD.
Deliverables: Five (5) printed copies and one (1) electr onic copy each in MS Word and .pdf format of the Final EA/FONSI.
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4.0 FEE QUOTE
A Task-by-Task Cost Breakdown for this proposed project is provided in Table 4.0-1. UltraSystems’ Cost Sheet by Labor Categories is provided in Table 4.0-2.
Table 4.0-1
TASK-BY-TASK COST BREAKDOWN
# TASK COST
1.0 Project Management, Meeting and Project Description
1.1 Project Kick-off Meeting $350
1.2 Progress Meeting $960
1.3 Scoping Activities $1,750
1.3 Prepare Project Description $1,890
2.0 Technical Studies and Section 106 Consultation
2.1 Cultural Resources and Section 106 Consultation $6,240
2.2 Historical Building Evaluation $8,570
3.0 Draft Environmental Assessment
3.1 Prepare Draft EA $6,380
4.0 Finding of No Significant Impact (FONSI)
4.1 Prepare Draft FONSI $1,340
4.2 Public Review of Draft EA/FONSI $2,700
4.3 Public Hearing on the Draft EA/FONSI $900
4.4 Response to Comments $2,390
4.5 Prepare Final EA/FONSI $1,040
TOTAL (not-to-exceed) $34,510
Note: Costs includes all travel, direct costs, printing expenses, and fees for noticing.
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Table 4.0-2
COST SHEET BY LABOR CATEGORIES