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MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 24th of January 2022 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and NCE (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires professional landscape architecture services for the City’s Playground Equipment Improvement Project, aka FY21-22 Priority Parks Project, WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by engineers practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
ATTACHMENT "A"
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1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT - 3 - OAK #4846-8099-6918 v2
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shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2021 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
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ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Sam Bautista, P.E., its Deputy Director of Public Works, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY’s representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates J. Ryan Shafer P.E., GE, its Principal, as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense except as allowed by law pursuant to Civil Code section 2782.8. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
To the extent that CONSULTANT, is a design professional, as that term is defined in Civil Code section 2782.8(c)(3), the Consultant shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney’s and expert witness fees, awards, fines, penalties, or judgments (collectively “Claims”), defend, indemnify and hold harmless CITY, its officials, officers, employees and agents (“CITY Parties”) from those Claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement. - 5 - OAK #4846-8099-6918 v2
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5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
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also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross- liability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
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ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Kevin Woodhouse, City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: J. Ryan Shafer, P.E., GE, Principal
501 Canal Boulevard, Suite I
Pt. Richmond, CA 94804
Phone: (510) 215-3620
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto. - 8 - OAK #4846-8099-6918 v2
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7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.
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[Signatures on Next Page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT:
NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
1-11-2022
EXHIBIT A
TASK ORDER
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EXAMPLE OF
TASK ORDER NO. 1
CITY OF PACIFICA
AND
CONSULTANT
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CONSULTANT to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and CONSULTANT (“CONSULTANT”) hereto dated _____________, 20__ (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed AMOUNT ($amount) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 45 days or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this ________ day of ________ , 20___
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CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
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ATTACHMENT “A”
SCOPE OF SERVICES
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ATTACHMENT “B”
COMPENSATION
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TASK ORDER NO. 1
CITY OF PACIFICA
AND
CONSULTANT
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CONSULTANT to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and CONSULTANT (“CONSULTANT”) hereto dated January 24, 2022 (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed $274,540 (Two hundred seventy-four thousand five hundred forty dollars) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by June 30, 2023 or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this 24th day of January, 2022.
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CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
1-11-2022
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ATTACHMENT “A”
SCOPE OF SERVICES
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SCOPE OF WORK: CITY OF PACIFICA, FOUR PRIORITY PARKS
PROJECT UNDERSTANDING
The City of Pacifica (City) intends to upgrade and renovate four parks-Marvilla, Brighton, Skyridge and Imperial.
The renovations will include replacement of non-ADA compliant play equipment, safety surfacing, pathways and ramps, replacement/addition of new site furnishings and new curb, gutter, curb ramps, and storm water infrastructure if necessary. To assist with the implementation of these improvements, the City has requested NCE provide landscape architectural, community outreach/engagement and civil design services. Based on the City’s comments on NCE’s RFP dated December 3rd, 2021, NCE understands the extent, goals, and criteria for the Park Renovation Projects (project) to include the following:
• Park play structures and flatwork have deteriorated and are not code compliant. The City of Pacifica (City) plans to replace the existing play equipment and play surfacing with new play equipment, play surfacing, and flatwork that conforms to current ADA and play safety codes and responds to current park use patterns. • The Parks will be renovated per the City’s and State of California standards and regulations. • The City would like NCE to create and lead a community outreach and engagement process that gathers community input, facilitates discussion, and incorporates the community’s preferences into the design of each park.
• NCE shall prepare master plans for each Park and construction documents for Imperial and Skyridge Parks.
The City has requested that NCE provided construction documents for Brighton and Marvilla Parks as optional tasks.
KEY ASSUMPTIONS
In order to deliver the most successful design process, we have made the following key assumptions:
City’s Responsibilities
NCE has assumed that the City will be able to provide the following to the extent available:
1. Provide information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary, right-of-way, and property limits, easements, tree locations, site furnishings, and existing construction as available.
2. Provide project requirements, including design objectives, budget, constraints, and criteria.
3. Provide existing technical specifications as the basis for developing new technical specifications including front end specifications.
4. Provide City Standard Provisions and Standard Design Criteria.
5. Provide electronic files of City’s cover sheet template if preferred.
6. Provide City review at the various stages of project delivery and completion from both Public Works and Park and Recreation Commission.
7. City’s arborist to provide recommendations for tree removals, pruning, construction protection or rooting pruning necessary to implement the Park renovations.
8. City to assist and participate in all public engagement meetings.
9. City to provide environmental clearance as needed, if required NCE can provide for additional scope and fee.
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Pavement Testing and Design
1. No pavement testing and/or design is anticipated as the Park is not anticipated to have traffic loading.
However, two bulk samples of subgrade will be obtained from shovel test pits within landscape areas for laboratory testing including plasticity index (PI) and moisture content determinations to support subgrade preparation recommendations, particularly with respect to subgrade soils that may have a tendency to yield/pump and may require stabilization measures.
Topographic Surveying, Base Map, and Right-of-Way
1. A topographic survey will be completed for each park site to establish a base map sufficient for developing contract documents. This will also include record data location of the existing right of way for the mapping corridor.
2. A critical assumption is that all proposed work will be within City right-of-way, as this has impacts to the level of effort required to completion of design.
Utility Coordination and Location
1. Assumes no significant park renovations requiring lowering or relocation of utilities and therefore no utility coordination is included in this scope of work.
Drainage
1. The park renovations will be designed to facilitate positive drainage away from the play areas, but it may be necessary to construct a catch basin/s within the parks with a lateral connection to the street stormwater main. For the purposes of this proposal it is assumed there will not be utility relocation or conflicts.
Curb, Gutter, Curb Ramps and Sidewalks
1. New curb, gutter, curb ramp and sidewalk will be required for Skyridge Park. For the other park sites, the curb, gutter, curb ramp and sidewalk will only be replaced to the extent that they are damaged, do not conform to ADA or required to accommodate renovations.
Irrigation Design
1. This scope of work includes irrigation design, and the system will be designed to conform to the State of California’s water use regulations and building codes.
PROJECT SCOPE
Task 1: Kick-off Meeting
NCE will facilitate and lead a Kick-off Meeting with City staff, the meeting will be the initiation of the design process.
The purpose of the meeting will be to:
1) confirm the scope and limit of work for each park
2) establish goals for the renovation of each park
3) develop a schedule and milestones
4) assign roles and responsibilities
5) identify key stakeholders
6) review maintenance, safety and use requirements for each park Page | 3
Task 2: Background Research
NCE will conduct a detailed and thorough process to review relevant background information and identify additional necessary information. The process will be as follows:
1) prepare topo, utility mapping, and boundary surveys
2) review existing background information (i.e., as-builts, aerial photography, existing survey info, GIS data) if available
3) coordinate with playground equipment manufacturer to review play equipment options As part of the background research, NCE will conduct site visits to each park, key elements that will be inventoried include:
existing play structures, surfacing, and ADA access
location of existing underground and overhead utilities existing grading, drainage patterns, pedestrian circulation, site furnishings, pavements, and irrigation existing trees and vegetation for potential hazards, vitality, and maintenance needs boundaries of each park
opportunities for amenities and activities
viewsheds, privacy issues, access points, and potential personal safety concerns Deliverables: topo, utility mapping, and boundary surveys Task 3.1: Community Engagement Plan
NCE will work closely with City staff to create a Community Engagement Plan that identifies goals of the engagement process, key stakeholders, and methods of engagement. The Community Engagement Plan may include pop-up events, stakeholder/park user interviews, an on-line survey, a Zoom community meeting and/or social media postings (Twitter, Next Door). Exact methods, schedule, and goals will be developed in consultation with the City during Task 1: Kick-off meeting.
Deliverables: community engagement plan
Task 3.2: Community Engagement
Once the Community Engagement Plan is developed, NCE will collaborate with City staff on implementation. NCE will interview stakeholders (maximum of 4), lead pop-ups, create an on-line survey and provide content/digital media for social media postings. The City will advertise the projects, post project information on social media, participate in Community Zoom meetings and create press releases.
Deliverables: memorandum summarizing community engagement process and community preferences for each park
Task 4: Conceptual Design
Based on background information gathered during Task 2 and community input during Task 3.2, NCE will prepare two conceptual designs for each park that will present options based on varying levels of improvement and modification of the existing play areas, park uses, and amenities. The first Option will include the replacement of play equipment, installation of ADA compliant play surfacing, and paths of travel from public right-of-way to play structures. The second Option will propose new locations for activities such as moving play areas closer to entry points, providing space for new recreational opportunities such as informal play, walking paths, and a range of seating elements. The concepts will be presented in plans with imagery of proposed features/activities and hand drawn visualizations.
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Deliverables: conceptual designs with two options for each park Tasks 5: Review and Approvals
NCE will present the options for each park to City staff for their initial comments and suggestions. Based on the input received from City staff, NCE will prepare a preferred alternative plan for each park which may include elements from both the conceptual alternatives. The preferred alternatives will be presented to the PB&R commission, and neighbors within 500-feet of the project site will be notified of the proposed park renovations.
NCE assumes presenting all parks at one meeting. Based the extent and types of comments received from the community and PB&R, NCE will either incorporate the comments into the plans, or resubmit plans for a second review by the PB&R.
Deliverables: preferred alternative plan for each park
Task 6: 60% Construction Documents-Imperial and Skyridge Parks The master plans for Imperial and Skyridge Parks will be revised per the comments of the PB&R Commission and City staff received during Task 4. NCE will meet with the City to review these comments, from which the 60% plans, specifications, and estimate (PS&E) will be prepared. NCE will provide a response to each comment in a table. The 60% PS&E will include additional design information and details typically expected at this stage of completion including layout, materials, grading and drainage plans, types, and extent of pedestrian pavements, play equipment, safety surfacing, site furnishings, railings, plantings, finishes, planting palette, irrigation equipment, and prototypical landscape details. Drawings will be drafted in digital format using AutoCAD and printed at 1/8” = 1’-0”. NCE will prepare and continue to refine drawings:
The technical specifications will be prepared in MS Word format, follow the City’s formatting conventions, reference the City’s standard provisions, Caltrans 2018 Standards where applicable (including subsequent updates) and will be in in Construction Specification Institute format.
The Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE from recent projects of this type. This initial estimate will then be updated and refined as the design effort progresses.
It is assumed that the City will require a 15-day review/comment period once the 60% PS&E package is submitted.
Deliverables: 60% PS&E with technical specifications, Cost Estimate, and a response to comment table Optional Task 6.1: 60% Construction Documents-Brighton and Marvilla Parks The master plans for Brighton and Marvilla and Parks will be revised per the comments of the PB&R Commission and City staff received during Task 4 and NCE will provide construction documents as described in Task 6.
Deliverables: 60% PS&E with technical specifications, Cost Estimate, and a response to comment table Task 7: 90% Construction Documents-Imperial and Skyridge Parks The 60% PS&E will be revised to incorporate comments by the City. NCE will again meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment in a table. The 90% PS&E will include notes and details necessary for construction. The Cost Estimate will be updated and refined as based on changes to the design concept.
It is assumed that the City will require a 10-day review/comment period once the 90% PS&E package is submitted.
Deliverables: 90% PS&E with technical specifications, Cost Estimate, and a revised response to comment table Optional Task 7.1: 90% Construction Documents-Brighton and Marvilla Parks NCE will provide construction documents for Brighton and Marvilla Parks as described in Task 7 Page | 5
Deliverables: 90% PS&E with technical specifications, Cost Estimate, and a response to comment table Task 8: 100% Construction Documents-Imperial and Skyridge Parks The 90% PS&E will be revised to incorporate final comments by the City. One reproducible copy of the 100%PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 10-day review/comment period once the 100% PS&E package is submitted.
Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes.
A final quantity calculation will be tabulated and entered into the final Cost Estimate for each park. The final documents will be reviewed, stamped, and signed by NCE’s registered landscape architect and the final PS&E will be delivered to the City in both hard copy and electronic formats.
Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and Cost Estimate.
The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022, Microsoft Word, and Microsoft Excel, respectively.
Optional Task 8.1: 100% Construction Documents-Brighton and Marvilla Parks NCE will provide construction documents for Brighton and Marvilla Parks as described in Task 8.
Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and Cost Estimate.
The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022, Microsoft Word, and Microsoft Excel, respectively.
Task 9: Bidding Support Services-Imperial and Skyridge Parks NCE will provide the City with assistance during the advertisement and bidding periods for each bid package. This will include attending the pre-bid conference, responding to questions, and preparation of up to one addendum and clarifications that are deemed necessary. NCE can assist the City in determining the responsiveness of bids received, checking and tabulating bid results.
Optional Task 9.1: Bidding Support Services-Brighton and Marvilla Parks NCE will provide bidding support services for Brighton and Marvilla Parks as described in Task 9 Task 10: Construction Observation Services
NCE will provide services to the City during the construction of the projects. These services will include attendance at the pre-construction conference, reviewing submittals and responding to requests for information, field verification, recommendations for necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, and reviewing construction for acceptance. This task does not provide any field inspection services and we understand that the City will provide construction inspection.
Optional Task 10.1: Construction Observation Services-Brighton and Marvilla Parks NCE will provide bidding support services for Brighton and Marvilla Parks as described in Task 10 Fees
NCE will provide the aforementioned services per the following summary1) Skyridge and Imperial Parks Tasks 1-10- $137,740.00 2) Brighton and Marvilla Parks Tasks 1-5- $75,000.00
3) Brighton and Marvilla Parks Optional Tasks 6.1, 7.1, 8.1, 9.1 and 10.1- $61,800 ATTACHMENT “B”
COMPENSATION
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OAK #4846-8099-6918 v2
05620-0129
Pacifica Four Priority Park Fee Estimate 1.10.22 NCE
Cost by Staff
Hours Rate Cost Hours Rate Cost Hours Rate Cost Hours Rate Cost Principal Landscape Architect 96 270$ 25,920$ 96 270$ 25,920$ 50 270$ 13,500$ 50 270$ 13,500$ $ 102,600Associate Engineer 6 215$ 1,290$ 6 215$ 1,290$ 8 215$ 1,720$ 8 215$ 1,720$ $ 6,020Senior Landscape Architect 88 185$ 16,280$ 88 185$ 16,280$ 58 185$ 10,730$ 58 185$ 10,730$ $ 62,900CAD Technician 160 120$ 19,200$ 160 120$ 19,200$ 40 120$ 4,800$ 40 120$ 4,800$ $ 76,920 Subtotal 350 62,690$ 350 62,690$ 156 30,750$ 156 30,750$ $ 248,440Reimbursables 6,000$ 6,000$ 4,000$ 4,000$ $ 26,100Grand Total 68,690$ 68,690$ 34,750$ 34,750$ $ 274,540 Hours Rate Cost Hours Rate Cost
44 270$ 11,880$ 44 270$ 11,880$
215$ -$ 215$ -$
24 185$ 4,440$ 24 185$ 4,440$
120 120$ 14,400$ 121 120$ 14,520$ 188 30,720$ 189 30,840$ 2,050$ 4,050$
32,770$ 34,890$
Brighton Park
Marvilla Park Optional Brighton Park Optional
Skyridge Park Imperial Park Marvilla Park