Agenda Packet — Salinas City Council, December 13, 2022 (part 4 of 4)

Universal Playgrounds at Northgate Park &
Williams Ranch Park - Salinas Parks
Improvement & Revitalization Project
BFS
Landscape Architects
BFS
Landscape Architects
BFS
Landscape Architects
G7EI INC
CM/Pm
360 PSM
Labor Compliance &
Community
Engagement
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil

ONO CONSULTING
Arborist
Lupita Jaime
Translation Services
Larry Foster
Principal In Charge
Elizabeth Matz
Associate Principal
Chuan Tang
Landscape Designer
Paul Greenway
President
Catalina Ferreto
President
Chad Browning
Senior PM
Steve Yazalina
Project Manager
Thuy Nguyen
Project Engineer 1
Seth Talkington
Design Engineer 2
Technical Drafting Pool
Drafting
Field Crew (2 Man) Survey Sup. PLS Survey PM Level 1 Project Surveyor Level 2 Survey Tech Level 2 Frank Ono President
Lupita Jaime
$220 per hour $205 per hour $140 per hour $248 per hour $125 per hour $285 per hour $195 per hour $150 per hour $125 per hour $115 per hour $325 per hour $285 per hour $195 per hour $145 per hour $125 per hour $175 per hour $0 per hour Task Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Dollars

CONCEPTUAL DESIGN

1.01 – Project Start-up Meeting $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

1.02 – Site Visit $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

1.03 – Prepare and submit site surveys and
topo files
$0.00 $0.00 2 $280.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32 $10,400.00 3 $855.00 8 $1,560.00 12 $1,740.00 32 $4,000.00 $0.00 $0.00 $18,835.00

1.04 – Prepare and submit Arborist Report $0.00 1 $205.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 25 $3,125.00 $0.00 $3,330.00

1.05 – Stormwater coordination $0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

1.06 – Community Outreach Meeting #1 $0.00 4 $820.00 12 $1,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LS $1,000.00 $3,500.00

1.07 – Community Outreach Meeting #2 $0.00 4 $820.00 12 $1,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LS $1,000.00 $3,500.00

1.08 – Community Outreach Summary
Meeting
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

1.09 – Develop and submit Draft Concept
Materials
1 $220.00 24 $4,920.00 24 $3,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,500.00

1.10 – Refine and submit Final Concept
Materials and Build Models
2 $440.00 16 $3,280.00 32 $4,480.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,200.00

1.11 – Prime Consultant project
administration
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00 $49,145.00

DESIGN DEVELOPMENT

2.01 - Prepare Design Manual $0.00 2 $410.00 12 $1,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,090.00

2.02 - Review Design Manual with City Staff $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

2.03 - Design Coordination with Design
Team
$0.00 8 $1,640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,640.00

2.04 - Prepare and submit 50% DD Package 2 $440.00 8 $1,640.00 24 $3,360.00 $0.00 $0.00 1 $285.00 4 $780.00 8 $1,200.00 12 $1,500.00 12 $1,380.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,585.00

2.05 - BFS provide internal review of 50%
DD package
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

2.06 - Review 50% DD Package with City
Staff
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

2.07 - Prepare and submit 100% DD Package 2 $440.00 8 $1,640.00 24 $3,360.00 $0.00 $0.00 1 $285.00 8 $1,560.00 8 $1,200.00 12 $1,500.00 12 $1,380.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,365.00

2.08 - BFS provide internal review of 100%
DD package
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

2.09 - Review 100% DD Package with City
Staff
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

2.10 – Prime Consultant project
administration
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00 $28,550.00

CONSTRUCTION DOCUMENTS &

PERMITTING

3.01 - Prepare and submit 75% CD Package 2 $440.00 12 $2,460.00 48 $6,720.00 $0.00 $0.00 1 $285.00 8 $1,560.00 12 $1,800.00 16 $2,000.00 16 $1,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17,105.00

3.02 - BFS provide internal review of 75% CD
Package
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

3.03 - Review 75% CD Package with City
Staff
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

3.04 - Prepare and submit 90% CD Package
for Building Permit
2 $440.00 8 $1,640.00 24 $3,360.00 $0.00 $0.00 1 $285.00 4 $780.00 8 $1,200.00 8 $1,000.00 8 $920.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,625.00

3.05 - BFS compile and distribute plan check
comments
$0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

3.06- Prepare and submit 100% CD Package
for Bidding
2 $440.00 8 $1,640.00 24 $3,360.00 $0.00 $0.00 1 $285.00 4 $780.00 8 $1,200.00 8 $1,000.00 8 $920.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,625.00

3.07– Prime Consultant project
administration
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00 $38,815.00

BIDDING & CONSTRUCTION

ADMINISTRATION

4.01 - Attend pre-bid meeting $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

4.02 - Provide bid assistance $0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

4.03 - Prepare and attend Bid Award
Meeting
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

4.04 - Prepare and submit conform
drawings
2 $440.00 4 $820.00 16 $2,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,500.00

4.05 - Attend pre-construction meeting $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

4.06 - Respond to RFIS 2 $440.00 20 $4,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,540.00

4.07 - Respond to Submittals 2 $440.00 20 $4,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,540.00

4.08 - Review Pay Apps and Change Orders $0.00 12 $2,460.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,460.00

4.09 - Attend weekly meetings and field
reviews
$0.00 32 $6,560.00 $0.00 $0.00 $0.00 1 $285.00 8 $1,560.00 8 $1,200.00 16 $2,000.00 8 $920.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,525.00

4.10 - Prepare Record Drawings 2 $440.00 2 $410.00 12 $1,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,530.00

4.11 - Project Closeout $0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

4.12 – Prime Consultant project
administration
$0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00 $34,195.00

PROJECT MANAGEMENT, CONSTRUCTION

MANAGEMENT & LABOR COMPLIANCE

5.0-Project Management $0.00 $0.00 $0.00 $7,232.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,232.00

6.0-Budget Management $0.00 $0.00 $0.00 $3,332.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,332.00

7.0-Construction Management $0.00 $0.00 $0.00 $28,052.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $28,052.00

8.0-Labor Compliance-PreConstruction $0.00 $0.00 $0.00 $0.00 12 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,500.00

9.0-Labor Compliance-Construction $0.00 $0.00 $0.00 $0.00 65 $8,125.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,125.00 $48,241.00

TOTAL (FEE) 21 $4,620.00 255 $52,275.00 266 $37,240.00 0 $38,616.00 77 $9,625.00 6 $1,710.00 36 $7,020.00 52 $7,800.00 72 $9,000.00 64 $7,360.00 32 $10,400.00 3 $855.00 8 $1,560.00 12 $1,740.00 32 $4,000.00 25 $3,125.00 0 $2,000.00 $198,946.00 $198,946.00 Reimbursable Allowance $0.00 $5,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,000.00 $5,000.00 TOTAL $4,620.00 $57,275.00 $37,240.00 $38,616.00 $9,625.00 $1,710.00 $7,020.00 $7,800.00 $9,000.00 $7,360.00 $10,400.00 $855.00 $1,560.00 $1,740.00 $4,000.00 $3,125.00 $2,000.00 $203,946.00 $203,946.00 2 0 2 2 1 0 1 3 _ U n i v e r s a l P l a y g r o u n d C o s t M e m o . d o c x October 13, 2022
MEMO TO: Kristan Lundquist & Ana Ambriz (City of Salinas) FROM: Beth Matz (BFS)
RE: Universal Playgrounds at Northgate Park & Williams Ranch Conceptual Construction Cost Estimates
Northgate Park

1. Existing playground area is 8,034 sq ft

2. Conceptual Planning Costs
a. New Playground Surfacing
i. Poured in Place ($35/sf) = $281,190
ii. Engineered Wood Fiber, assumes 12” depth ($5/sq) = $40,170 b. 2-5 yr. Play Area - 2,703sf (assume 1/3 of total playground area) i. Structure : $65,000
ii. Swings: $25,000
iii. Freestanding Equipment (spinners, rockers, see-saws, play panels): $45,000 Total: $135,000
c. 5-12 Play Area – 5,331 sf
i. Structure: $100,000
ii. Swings: $45,000
iii. Freestanding Equipment (spinners, rockers, see-saws, play panels): $65,000 Total: $210,000
d. Shade Structure
i. Provide site coverage over 1000 sf of the playground area - $100/sf for shade
Total: $100,000
e. Site Improvements
i. Drainage
ii. Accessible ramps into playground
iii. Hardscape
iv. Site Furnishings
Total: $75,000

3. Total Cost with Poured in Place Resilient Surfacing : $801,190 a. $99.75/sf
2 0 2 2 1 0 1 3 _ U n i v e r s a l P l a y g r o u n d C o s t M e m o . d o c x B F S L A N D S C A P E A R C H I T E C T S | P a g e 2 o f 2

4. Total Cost with Engineered Wood Fiber Resilient Surfacing: $560,170 a. $69.75/sf
Williams Ranch Park

1. Existing playground area is 3,283 sf, its may be possible to expand the footprint to 5,687 sf.

The costs below assume the original footprint

2. Conceptual Planning Costs
a. New Playground Surfacing
i. Poured in Place ($35/sf) = $114,905
ii. Engineered Wood Fiber, assumes 12” depth ($5/sq) = $16,415 b. 2-5 yr. Play Area – BFS recommends limiting the age limit at this park to 2-5 yrs based on the size of the playground footprint
i. Structure : $25,000
ii. Swings: $10,000
iii. Freestanding Equipment (spinners, rockers, see-saws, play panels): $15,000 Total: $50,000
c. Shade Structure
i. Provide site coverage over 500 sf of the playground area - $100/sf for shade Total: $50,000
d. Site Improvements
i. Drainage
ii. Accessible ramps into playground
iii. Hardscape
iv. Site Furnishings
Total: $22,500

3. Total Cost with Poured in Place Resilient Surfacing: $237,405 a. $72.31/sf

4. Total Cost with Engineered Wood Fiber Resilient Surfacing: $138,915 a. $42.31/sf
Thank you.
–END–

Page 1 ends

Project Management Organization and Approach
Project Management, Budget
Management for Universal Park
Project Understanding
The G7 team understands the City is seeking assistance with Project Management for implementation of the Universal Park Project. We have reviewed the City's Scope of Services in the Request for Qualifications and understand these services. Our goal is to serve as an extension of City staff in the delivery of services.

Project Manager
The primary responsibility of our Project Manager will be to act as a representative of the Owner during the project. The Project Manager will focus on the delivery of the project on-budget and on-schedule with the highest possible quality of final the project.

Project Description and Project Goals
One of the key steps is to have a well-defined project description. This step is key that allows the stakeholders to pursue the same goal. It keeps the team and stakeholders focused on the desired outcome. We will work with the City to make sure project descriptions are well-defined, and the project goals are clear as early as possible in the process.

Review of Existing Information
G7 will review existing plans, planning documents, regulatory rules and other materials relating to the project(s). This data collection phase of the project is necessary to understand the context of the existing improvements and to understand the deficiencies in the current conditions as well as proposed improvements.

Project Development and Design Phase
The G7 Team will develop an Action Plan to assist keeping the team on track for the project. We will define roles and responsibilities, establish regular meetings, develop agendas with goals, identify deliverables, preparing staff reports as needed.

During this phase of the project, the Project Manager will develop the overall schedule with target milestones as well as a project budget. Other tasks include coordinate or attend meetings with City representatives, stakeholders, the design consultant or regulatory agencies. The Project Manager will prepare correspondence with the design consultant. Review documents submitted by the design consultant and provide

Page 2 ends

Project Management Organization and Approach
reviews of the design consultants work on constructability and compliance with the design contract requirements.

Pre-Construction Phase Services:

Services may also include the construction bidding phase of assisting with the coordination of design consultants bid packages into City format, conducting pre-bid conferences, and responding to bidders' questions during the advertisement phase of the project. The work may also include evaluation of bids, preparation of bid summary and recommendations for processing award of the contract. The services may include constructability reviews and preparation of staff reports for the City.

Project Management
Services will include coordination with City staff, prime consultant, for the preparation of design plans and construction bid documents. Action items on project deliverables and tracking of schedule of grant deadlines.

Deliverable: Actions items prepared for project management tracking to keep project on budget and on schedule.

Budget Management
Services will include develop a budget spreadsheet that tracks design phase services, construction phase services, construction costs, city costs, and city reimbursements.

Deliverable: Budget Spreadsheet and tracking invoices and State payments to the City

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Construction Management and Inspection
Construction Management and Construction
Inspection for Universal
Construction Phase Services
The Construction Management effort will include the following duties. Construction manager duties which are described below.
Tracking, Updating and coordination of schedule and budget Construction Progress Reports will be prepared monthly and submitted to the City with reports including status of contract time and overall progress of the contractor.
Coordination with inspection staff
Coordination with the Architect on RFI
Determine the validity and justification for all change orders and provide recommendations to the City.
Negotiate costs with the contractor
Prepare CCO and process through the City
Track all CCOs against project contingency balance.
Construction Progress Reports will be prepared monthly and submitted to the City with reports including status of contract time and overall progress of the contractor.
Conduct construction progress meetings and keep meeting agendas will prepare minutes with action items promptly.
Interpret the plans and specifications and review construction activities to verify that the work is in accordance with the contract documents and applicable regulatory requirements.
Be the leader in pursuing resolutions of day-to-day construction issues raised.

This will include coordination with inspectors, Design Engineers, Contractors, and the City as required to reach resolution.
Obtain and maintaining key specification referenced standards that relate to the project.
Monitor project permit conditions and related expiration dates and inform the City and Contractor when non-compliance is observed.
Review and process contractor’s monthly payment request with the project inspector(s). He will provide a preliminary payment request to the City’s Project Manager for review prior to submittal of the final monthly payment request. Coordinate and verify the tracking of record drawings. This will include reviewing the contractor’s record drawings ongoing basis and verifying the final submission to City.
Coordinate the preparation of a detailed project punch list at substantial completion of the project and coordinate with project stakeholders.

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Construction Management and Inspection
Verification of submitted final payment requests from the Contractor following filing of Notice of Completion.
Review and certify that the Contractor’s project record drawings are complete and accurate prior to contract acceptance.
Develop recommendations for notice of substantial completion and contract acceptance, compile and submit the appropriate final documentation to the City in electronic and paper files as needed.
Be proactive in identifying potential concerns and work toward cost-effective solutions.

Construction Inspection efforts will include:
Part Time Construction Inspector will review the construction for compliance to the plans and specifications; collect and verify material certification and tickets. Perform Photo Documentation. The Construction Inspector will assist with photos of construction site conditions.
Prepare written daily field reports for submittal to the Project Manager/Construction Manager. Reports will include types of contract work performed, the labor and equipment utilized, quantities of materials constructed, significant conversations with the Contractor constructing the work, and a discussion of any work not conforming to the plans and specifications.
This proposal does not include Materials Testing, Construction Staking or Field Survey, however, the construction inspector will coordinate with materials testing firm hired separately by the City and City surveyors.
Construction Inspector will prepare a Punch List after substantial completion of the work.

Construction Management and Construction Inspection
Services will include Construction Management and Construction Inspection of project to confirm construction is in accordance with plans and specifications and construction project is delivered in accordance with the construction budget and working day schedule.

Deliverable: Construction Field reports, Construction Management Action Items 10-Oct-22
Senior Project Manager
Project Manager III
Construction Inspector III
1 –Project Management
Senior Project Manager 4 32 4.0 $7,232
2 –Budget Management
Senior Project Manager 4 12 4.0 $3,332
3 –Construction Management
Senior Project Manager 4 28 4.0 $6,452
Senior Construction Inspector 144 144.0 $21,600
Hours 12.0 72.0 144.0
TOTAL
Total Resource Hours
Total Resource Costs
38,616$
$195 $1502023 Rates* $248
156.0
City of Salinas
Universal Playground
Project Management, Budget Management
11/1/2022
Universal Park Playgrounds
Proposal for Labor Compliance Monitoring
For City Park Revitalization
And Improvement
Projects
City of Salinas

Elizabeth Matz | Associate Principal

BFS LANDSCAPE ARCHITECTS
425 Pacific Street #201, Monterey CA 93940
831.646.1383 p | 831.582.7723 c| [email protected]

Catalina Ferreto
President
360PSM
Labor Compliance Monitoring Officer- Analyst
18110 Stonehaven Dr,
Salinas CA, 93908

360PSM
09-08-2022
Elizabeth Matz | Associate Principal

BFS LANDSCAPE ARCHITECTS
425 Pacific Street #201, Monterey CA 93940
831.646.1383 p | 831.582.7723 c

Subject: Proposal for Labor Compliance Monitoring Services City Park Revitalization and Improvement Projects for City of Salinas for Universal Park Playgrounds Northgate and Williams Ranch Parks

Dear Elizabeth:

360PSM is a Certified Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certified Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB -PW) certification (ID 2019749), registered wi th the State of California Department of Industrial Relations, Registration Number: PW-LR-1000653803.

Supporting the BFS LANDSCAPE ARCHITECTS team will be Catalina Ferreto, President of 360PSM. 360PSM recently provided non -engineering support services on a Federally Funded infrastructure project and on a State of California funded infrastructure project . 360PSM is committed to working with the BFS LANDSCAPE ARCHITECTS team on the City Park Revitalization and Improvement Projects for City of Salinas
360PSM will provide the following services for the Pre-construction phase and Construction phase of the project.

· Labor Compliance
· Community outreach

We look forward to working with you and the other team members on this important project for Construction Management and Inspection Services for City Park Revitalization and Improvement Projects for City of Salinas. The main point of contact for this project is Catalina Ferreto and she can be reached by phone at 831-500-1263 by mail at 18110 Stonehaven Dr, Salinas CA, 93908
or via email at [email protected]

Catalina Ferreto
360PSM
President
831-500-1263
[email protected]

Universal Parks
Project Description and Approach
Labor compliance monitoring

Project Understanding
BFS Landscape Architects team interested in Professional Labor Compliance Monitoring Services for City of Salinas. Project Title: City Park Revitalization and Improvement Projects for the Universal Playground at Northgate and Williams Ranch Parks The City of Salinas has a population of 165,000 people, is the largest city in the County of Monterey and serves as the county seat.

Known as the “salad bowl of the world”, the community is surrounded by agricultural lands which drive its economy and shape its heritage. The city lies about 100 miles south of San Francisco and approximately 10 miles inland of the Monterey Peninsula. Salinas has grown tremendously over the past sixty years, with a population of less than 30,000 in 1960. Diversity is one of Salinas’ strengths, with 75 percent of residents identifying as Hispanic/Latino.

The City of Salinas requires to provide the City with a final Project Concept, Project Schedule, Final Design, Construction Plans and Specifications, cost estimate, project management, design, bidding and implementation for each of the Projects.

Universal Playground at Northgate and Williams
Ranch Parks : Northgate Park is located at 1600
Seville Street and the Williams Ranch Park is located
at 1530 Falcon Dive, both in the City of Salinas. The
Northgate Park and Williams Ranch Park are
approximately 5 acres in size each. The proposed
project consists of developing and installing universal playgrounds, including theme-oriented playground
equipment, site furnishings, and shade canopies that
are well integrated with the existing parks.

Universal playgrounds are designed to be accessible
and useable by all children, to the greatest extent
possible, without the need for adaptation or
specialized design, allowing for diversity, social
inclusion, and equality for all children. The consultant shall develop three (3) conceptual alternatives for
each park for the universal playground showing
playground layout, including equipment, site
furnishings, paths of travel, shade structures,
individual play elements, and a 3-D rendering. The
consultant is to engage the community and develop
these conceptual alternatives based on the
community’s feedback.

Universal Parks
Project Description and Approach
Labor compliance monitoring

Contractual Scope of Services

BFS Landscape Architects requested Labor compliance monitoring and Community outreach for the Project. 360PSM proposes to perform the following services:

Community outreach

1) Community intercept outreach meeting
o Community meeting #1 (Northgate Park)
o Community meeting #2 (Williams Ranch Park)

COMMUNITY OUTREACH
Ø Services will include participation and helping during community meeting.

Ø Deliverable: Parks and Recreation Commission Meetings translation and interpretation.

Labor Compliance Monitoring Pre- Construction phase / Construction phase

Ø Review the Prime Contractor and the Subcontractor payroll documents, including wage rates, fringe benefits, and forms and documents required by the State of California.

Ø Deliverable: Monthly tracking document for compliance resolution

Labor Compliance Monitoring/ Construction Phase

1. Review contract provisions and labor compliance requirements with the project team.

2. Determine the specific labor standards and dates of effect for wages for the construction project

3. Set up and maintain all compliance files and documents relating to prevailing wage activities;

4. Set up and maintain labor compliance files tracking the prime contractor and subcontractors.

Universal Parks
Project Description and Approach
Labor compliance monitoring

5. Attend pre -construction meetings t o discuss prevailing wage requirements with contractor and subcontractors.

6. Review Contractor's compliance with all State required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.

7. Verify that certified payroll records are submitted by prime contractors and their subcontractors

8. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions.

9. Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.

10. Review and verify Fring e Benefit Statements are consistent with the contract provisions and State of California requirements.

11. Monitor the submittal of Training Fund Contribution Reports.

12. Monitor workforce utilization reports to verify trade and apprenticeship participation.

13. Identify violations and investigate complaints of underpayment to workers.

14. Notify
BFS Landscape Architects regarding delinquent, uncertified, inaccurate and improperly completed payroll records and recommend appropriate corrective action f or lack of strict compliance.

Wage Underpayment and Restitution Activities

1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.

2. Calculate and recommend to
BFS Landscape Architects the amount of wages that will be withheld from the contractor's payments/retention.

3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the

Universal Parks
Project Description and Approach
Labor compliance monitoring

amount due each worker. Prepare and submit documentation to BFS Landscape Architects.

4. Document and file final resolutions

Universal Playgrounds
Labor Compliance Monitoring
360PSM

Compensation
We have reviewed the contract documents and have developed an estimated the following fee for labor compliance and monitoring prevailing wages. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations. If project services are needed beyond the duration, the fee would be extended at the following hourly rate.

The estimated base bid cost of this construction work is $500,000.00

Labor Compliance -Construction Phase
Description Hours Rate Total
Labor Compliance
Monitoring Officer-
Analyst

45 $125/Hour $5,265.00
Field Interviews 20 $125/Hour $2,500.00
Total $8,125.00

Conclusion
We look forward working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]

Sincerely,

Catalina Ferreto |360PSM
President
(831)500-1263
www.360psm.com
Labor Compliance PRE-Construction Phase
Description Hours Rate Total
Labor Compliance Monitoring
Officer- Analyst

8 $125/hour

$1000

Field Interviews 4 $125/Hour 500
Total: $1500

360PSM Fee Schedule/ Public outreach- Community outreach

Fee Schedule

Blueprint fees, copy fees, subconsultants or other direct costs not listed above are reimbursed at cost plus 10% Hourly Rates are effective as of Jan 1, 2022. Each subsequent year in January rate adjusted for inflation of 3%.

Catalina Ferreto
President 360PSM
831-500-1263
[email protected]

Labor Compliance
Hourly Rate $
2022 2023 2024
Labor Compliance 125 128.75 132.61
Field Interviews 125 128.75 132.61
President 150 154.5 159.14

Public outreach- Community outreach
Public outreach-
Community
outreach
125 128.75 132.61

E l G a b i l a n P l a y L o t . d o c x

3.0 CONSTRUCTION DOCUMENTS (ASSUMES 14 WEEKS DURATION)

3.01 Attend Project start up meeting. Review scope of services, project program, schedule, and construction budget with Owner and Project Manager [PM].

Deliverable: BFS to prepare summary and meeting minutes of startup meeting, BFS to submit project schedule

3.02 Visit El Gabilan Park with Owner and PM. Review and discuss existing site conditions and photograph for in- house design reference.

Deliverable: BFS to prepare summary of site visit and provide recommendations for anticipated site improvements.

3.03 Community Engagement Meeting: Meet with Owner and PM to review agenda and goals of first community.

BFS to prepare visual image boards for facilitating dot surveys exercise so that the City can gather the community’s preferences on court games and in addition to basketball and supporting site amenities. City staff to facilitate Community Meeting. BFS to prepare digital survey material through Google Forms. Online surveys to be made available through City website and social media sites.

3.04 Surveying consultant to prepare and submit site topographic survey for park. The survey will include aerial mapping and limited site survey information as determined by the park sites’ limit of work.

Deliverable: Submit site topographic survey information (in AutoCAD base format) to Owner for future use.

3.05 Coordinate the following items as required with Design Team:
a. Demolition / clear & grub areas, with the civil engineer. b. Grading and drainage of pedestrian pavements and planting areas with the civil engineer. c. LID storm water management strategies with the civil engineer. d. Paving base and sub-grade design with the civil.

3.06 Prepare and submit electronically 30% complete Construction Drawings (CDs), submittal includes technical specifications and estimate of probable construction costs.

Deliverable: Design Team to prepare and submit 30% CD plans, construction cost estimate and specifications.

Scope of Services
El Gabilan Play Lot
November 23, 2022

PROJECT DESCRIPTION
The improvements at the El Gabilan Play Lot include assessment of the existing asphalt paving and determining the areas to be replaced and repaved and areas to be resurfaced. The consultant team will study existing drainage and make improvements as required. In addition to paving improvements the Design Team will coordinate with City staff to include site amenities such as basketball hoops, pavement striping for basketball and other court style games.

Not included in this scope of work is the preparation of schematic drawings and planning approvals due to the limited improvements and scope
Included with our scope and fee is a conceptual cost estimate prepared by BFS on November 02, 2022
B F S L A N D S C A P E A R C H I T E C T S N o v e m b e r 2 3 , 2 0 2 2 | P a g e 2 o f 5

3.07 Based upon Owner / PM review, complete 90% CDs / Permit Set. Prepare estimate of probable construction costs and technical specifications in CSI format. Prepare building permit application and compile all required reports and information. Submit electronically and review with Owner / PM. Coordinate building permit application with PM
Deliverable: Design Team to prepare and submit 90% CD plans, construction cost estimate and specifications.

3.08 Compile and distribute agency plan-check comments for Owner / PM and sub-consultant review.

3.09 Based on plan-check comments, complete 100% CDs / Bid-set drawings, Technical Specifications, and Bid- Form.
a. Owner / PM will distribute copies of bid-documents.

Deliverable: Design Team to prepare and submit 100% CD plans, construction cost estimate and specifications for bidding.

4.0 BIDDING AND CONSTRUCTION REVIEW (ASSUMES 23 WEEKS DURATION) Owner / Construction Manager (CM) shall have the primary responsibility for the bidding and construction review phase of the project, including testing and inspection coordination, payment request processing and all related items.

4.01 Attend pre-bid meeting with Owner / CM and potential bidders to discuss bidding procedures. a. Prepare meeting minutes for the Owner / CM

4.02 Provide technical assistance during the bid process, including preparation of Addenda. Respond to questions as directed by Owner / CM. Provide written or graphic clarification as appropriate. a. Assist Owner / CM in evaluating bids received.

4.03 Provide the Contractor a Conform Set of Drawings incorporating all addenda revisions.

4.04 Attend pre-construction meeting with Owner / CM and Contractor to discuss construction procedures. a. Prepare meeting minutes for the Owner / CM

4.05 Respond to Requests for Information (RFI); furnish Clarifications, Revisions, and Architects Supplementary Instructions (ASI) to the Owner / CM; any change orders will be prepared by Owner / CM.

4.06 Review and process submittals, samples and Shop Drawings. Review proposed substitutions if any, for conformance to drawings and technical specifications.

4.07 Review and comment on Contractors Pay Applications and Proposed Change Orders.

4.08 Attend [6] bi-weekly project (OAC) meetings and on-site construction reviews followed by written field reports and/or meeting minutes. Assumes [3]-months construction and [1]-month landscape maintenance. Reviews to include:
a. Substantial Completion Review – at start of landscape maintenance b. Punch-list Check – during landscape maintenance
c. Final Review – at end of landscape maintenance
B F S L A N D S C A P E A R C H I T E C T S N o v e m b e r 2 3 , 2 0 2 2 | P a g e 3 o f 5

4.09 Prepare Record Drawings based on As-Built drawings provided by the Contractor.

4.10 Close-out project including administrative documentation.

10.0 ADDITIONAL SERVICES
Any additional presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only as authorized and on an hourly basis unless otherwise approved.

10.10 Additional meetings as authorized by the Owner / PM.

10.20 Geotechnical consultant to conduct soil borings and infiltration testing at park project site and provide laboratory results and recommendation report.

Deliverable: Submit geotechnical report and recommendations to Owner for future use.

10.30 Arborist consultant to prepare and submit arborist review and recommendations for park project site.

Deliverable: Submit arborist report and recommendation to Owner for future use.

10.40 Electrical consultant to review existing electrical infrastructure at project site and make provide findings in report.

Deliverable: Submit Electrical Existing Conditions report to Owner for future use.

10.50 Electrical consultant to prepare and submit construction documents, specifications, cost estimates. Electrical consultant to provide construction administration support.

Deliverable: 30%, 90%, 100% Construction Documents, Specifications and Cost Estimates. Review and response to RFIS, Submittals and provide onsite field reviews as needed for scope of work.

EXCLUSIONS
The following are excluded from our scope of services.

1. CEQA document preparation and approvals.

2. Architectural Review Board Submittal.

3. Architectural Drawings for ancillary support buildings and structures.

4. Utility Engineering including domestic water supply

5. Off-site improvements, except for utility connections.

6. Testing fees for construction testing procedures, i.e., compaction testing, percolation testing, construction staking verification

7. Division 1 (General Conditions and Special Provisions) Project Specifications. -END-
B F S L A N D S C A P E A R C H I T E C T S N o v e m b e r 2 3 , 2 0 2 2 | P a g e 4 o f 5

SCHEDULE
T A S K 3 . 0 C O N S T R U C T I O N

D O C U M E N T S

D A T E S
3 . 0 1 – P r o j e c t S t a r t - u p M e e t i n gJ a n u a r y 0 3 , 2 0 2 3 3 . 0 2 – S i t e V i s i t J a n u a r y 0 3 , 2 0 2 3 3 . 0 3 – C o m m u n i t y E n g a g e m e n t
M e e t i n g
J a n u a r y 2 1 , 2 0 2 3
3 . 0 4 – P r e p a r e a n d s u b m i t s i t e
s u r v e y s a n d t o p o f i l e s
J a n u a r y 0 3 , - J a n u a r y 2 7 , 2 0 2 3
3 . 0 5 – C o o r d i n a t e w i t h D e s i g n T e a mJ a n u a r y 1 6 – F e b r u a r y 3 , 2 0 2 3 3 . 0 6 – P r e p a r e a n d s u b m i t 3 0 % C D S w i t h c o s t e s t i m a t e a n d s p e c i f i c a t i o n s J a n u a r y 1 6 - F e b r u a r y 3 , 2 0 2 3
3 . 0 7 – P r e p a r e a n d s u b m i t 9 0 % C D s ( P e r m i t S e t )
F e b r u a r y 1 3 – A p r i l 7 , 2 0 2 3
3 . 0 8 – C o m p i l e a g e n c y p l a n c h e c k c o m m e n t s
A p r i l 1 0 , 2 0 2 3
3 . 0 9 – P r e p a r e a n d s u b m i t 1 0 0 % C D s ( B i d S e t )
A p r i l 1 0 – A p r i l 2 8 , 2 0 2 3
T A S K 4 . 0 B I D D I N G &

C O N S T R U C T I O N A D M I N I S T R A T I O N

D A T E S
4 . 0 1 – A t t e n d p r e - b i d m e e t i n gM a y 1 5 , 2 0 2 3 4 . 0 2 – P r o v i d e a s s i s t a n c e d u r i n g b i d p r o c e s s
M a y 1 5 – J u n e 1 6 , 2 0 2 3
4 . 0 3 – P r e p a r e a n d s u b m i t c o n f o r m d r a w i n g s e t
J u n e 1 9 – J u n e 3 0 , 2 0 2 3
4 . 0 4 – A t t e n d p r e - c o n s t r u c t i o n m e e t i n g
J u l y 1 7 , 2 0 2 3
4 . 0 5 – R e v i e w a n d r e s p o n d t o R F I sJ u l y 1 7 – O c t o b e r 2 7 , 2 0 2 3 4 . 0 6 – R e v i e w a n d r e s p o n d t o
S u b m i t t a l s
J u l y 1 , – O c t o b e r 2 7 , 2 0 2 3
4 . 0 7 – R e v i e w a n d c o m m e n t o n
C o n t r a c t o r C h a n g e O r d e r s
J u l y 1 7 – O c t o b e r 2 7 , 2 0 2 3
4 . 0 8 – A t t e n d c o n s t r u c t i o n m e e t i n g s , p e r f o r m f i e l d r e v i e w s
J u l y 1 7 – O c t o b e r 2 7 , 2 0 2 3
4 . 0 9 – P r e p a r e r e c o r d d r a w i n g s O c t o b e r 3 0 – N o v e m b e r 1 7 , 2 0 2 3 4 . 1 0 – C l o s e o u t p r o j e c tN o v e m b e r 2 0 , 2 0 2 3 B F S L A N D S C A P E A R C H I T E C T S N o v e m b e r 2 3 , 2 0 2 2 | P a g e 5 o f 5

COMPENSATION

3.0 CONSTRUCTION DOCUMENTS .................................................................................................$26,725 BFS (PRIME)............................................................................................................................................................................................$6,560 SANDIS (CIVIL & SURVEY) ...........................................................................................................................................................$18,005 D.C. URFER (STRUCTURAL)...........................................................................................................................................................$2,160

4.0 BIDDING & CONSTRUCTION REVIEW......................................................................................$16,005 BFS (PRIME).........................................................................................................................................................................................$10,300 SANDIS (CIVIL & SURVEY) ..............................................................................................................................................................$4,265 D.C. URFER (STRUCTURAL)...........................................................................................................................................................$1,440

5.0 PROJECT MANAGEMENT (G7ei)..................................................................................................$7,444 See attached G7ei Inc Scope and Fee

6.0 BUDGET MANAGEMENT (G7ei)...................................................................................................$4,112 See attached G7ei Inc Scope and Fee

7.0 CONSTRUCTION MANAGEMENT (G7ei).................................................................................$20,852 See attached G7ei Inc Scope and Fee

8.0 LABOR COMPLIANCE: PRECON (360 PSM)..............................................................................$1,250 See attached 360 PSM Scope and Fee

9.0 LABOR COMPLIANCE: CON (360 PSM) .....................................................................................$8,750 See attached 360 PSM Scope and Fee

10.0 ADDITIONAL SERVICES

10.1 Additional Meetings ............................................................................................................$400 per meeting

10.2 Geotechnical Investigation .......................................................................................................................$8,750

10.3 Arborist Survey..................................................................................................................................................$2,500

10.4 Electrical Existing Conditions ..................................................................................................................$4,836

10.5 Electrical CDS & CA ......................................................................................................................................$10,980 REIMBURSABLE EXPENSES BUDGET ..........................................................................................................$2,000 TOTAL (NIC ADDITIONAL SERVICES)........................................................................................$87,138 HOURLY RATES AND REIMBURSABLE EXPENSES: See current Standard Schedule of Compensation. All costs for printing, special delivery, horticultural soils analysis, Owner business licenses and fees, consultant services, and other costs directly related to the project would be billed as a reimbursable expense at our cost plus a fifteen percent administration charge.

Attachments: Standard Schedule of Compensation, dated 5/2022.

Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 2420 Del Paso Rd, Unit 105, Sacramento, CA 95834 (916) 575-7230.
1580 West El Camino Real, Suite 12, Mountain View 94040 Q (650) 326-6622 P Q (650) 963-9421 F 425 Paciﬁc Street, Suite 201, Monterey, California 93940 Q (831) 646-1383 P Q (831) 373-8653 F BFS Landscape Architects Q bfsla.com
landscape
architects

Standard Schedule of Compensation
May 2022

GENERAL
The following list of fees and reimbursable expense items shall be used in providing services within our agreement and may be annually adjusted, upon issuance of an updated Standard Schedule of Compensation:

Principal $220/hour
Associate Principal $205/hour
Associate $190/hour
Project Manager $170/hour
Assistant Project Manager $160/hour
Designer $140/hour
Assistant Designer $120/hour
Design/Graphics Intern $45/hour
Word Processor/Clerical $85/hour

ADDITIONAL SERVICES
Any additional presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only with prior authorization and on an hourly basis unless otherwise approved.

REIMBURSABLE EXPENSES
All costs for printing and plotting, special delivery, mileage, and other costs directly related to the project will be accounted as a reimbursable expense at our cost plus a fifteen percent administration charge.

City of Salinas Parks Revitalization and Improvement Projects P22-039

Page 1 of 1 ends

El Gabilan Play Lot - Salinas Parks
Renovation and Improvement Projects
BFS
Landscape Architects
BFS
Landscape Architects
BFS
Landscape Architects
G7EI INC
CM/Pm
360 PSM
Labor Compliance
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil
SANDIS
Civil

DC URFER
Structural
Larry Foster
Principal in Charge
Elizabeth Matz
Associate Principal
Jing Lui
Assistant PM
Paul Greenway
President/Sr PM
Catalina Ferreto
President
Chad Browning
Senior PM
Steve Yazalina
Project Manager
Thuy Nguyen
Project Engineer 1
Seth Talkington
Design Engineer 2
Technical Drafting Pool
Drafting
Field Crew (2 Man) Survey Sup. PLS Survey PM Level 1 Project Surveyor Level 2 Survey Tech Level 2 Karen Wiinikka Principal
$220 per hour $205 per hour $160 per hour $248 per hour $125.00 per hour $285 per hour $195 per hour $150 per hour $125 per hour $115 per hour $325 per hour $285 per hour $195 per hour $145 per hour $125 per hour $180 per hour Task Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars Dollars

CONSTRUCTION DOCUMENTS
JANUARY 2023 - APRIL 2023

3.01 - Project Start up Meeting $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

3.02 - Site Visit $0.00 2 $410.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $410.00

3.03 - Community Outreach $0.00

3.04 - Prepare and submit site surveys & topo
files
$0.00 $0.00 2 $320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 $2,600.00 2 $570.00 3 $585.00 8 $1,160.00 8 $1,000.00 $0.00 $6,235.00

3.05- Coordinate with Design Team 1 $220.00 $0.00 4 $640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $860.00

3.06 - Prepare and submit 30% CDS $0.00 $0.00 7 $1,120.00 $0.00 $0.00 $0.00 4 $780.00 8 $1,200.00 8 $1,000.00 16 $1,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $720.00 $6,660.00

3.07 - Prepare and submit 90% CDS 2 $440.00 $0.00 8 $1,280.00 $0.00 $0.00 1 $285.00 4 $780.00 8 $1,200.00 8 $1,000.00 8 $920.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $720.00 $6,625.00

3.08 - Compile plan check comments $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

3.09 - Prepare and submit 100% CDS 2 $440.00 $0.00 8 $1,280.00 $0.00 $0.00 1 $285.00 4 $780.00 4 $600.00 4 $500.00 8 $920.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $720.00 $5,525.00 $26,725.00

BIDDING AND CONSTRUCTION

ADMINISTRATION
MAY 2023 - OCTOBER 2023

4.01 - Attend pre-bid meeting $0.00 $0.00 2 $320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $320.00

4.02 - Provide assistance for bid $0.00 $0.00 6 $960.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $960.00

4.03 - Prepare conform set $0.00 $0.00 4 $640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $640.00

4.04 - Attend pre-construction meeting $0.00 $0.00 2 $320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $320.00

4.05 - Review and respond to RFIs $0.00 $0.00 6 $960.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $720.00 $1,680.00

4.06 - Review and respond to Submittals $0.00 $0.00 6 $960.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $720.00 $1,680.00

4.07 - Review and comment on COs 2 $440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $440.00

4.08 - Attend construction meetings &
perform field reviews
4 $880.00 $0.00 4 $640.00 $0.00 $0.00 1 $285.00 4 $780.00 8 $1,200.00 16 $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,785.00

4.09 - Prepare record drawings 2 $440.00 $0.00 8 $1,280.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,720.00

4.10 Close out project $0.00 4 $820.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $820.00

4.11 Prime Consultant Project Administration $0.00 8 $1,640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,640.00 $16,005.00

PROJECT MANAGEMENT, CONSTRUCTION

MANAGEMENT & LABOR COMPLIANCE

5.0-Project Management $0.00 $0.00 $0.00 $7,444.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,444.00

6.0-Budget Management $0.00 $0.00 $0.00 $4,112.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,112.00

7.0-Construction Management $0.00 $0.00 $0.00 $20,852.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,852.00

8.0-Labor Compliance - Pre Construction $0.00 $0.00 $0.00 $0.00 10 $1,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,250.00

9.0-Labor Compliance - Construction $0.00 $0.00 $0.00 $0.00 70 $8,750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,750.00 $42,408.00 TOTAL (FEE) 13 $2,860.00 16 $3,280.00 67 $10,720.00 0 $32,408.00 80 $10,000.00 3 $855.00 16 $3,120.00 28 $4,200.00 36 $4,500.00 32 $3,680.00 8 $2,600.00 2 $570.00 3 $585.00 8 $1,160.00 8 $1,000.00 20 $3,600.00 $85,138.00 $85,138.00 Reimbursable Allowance $0.00 $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 TOTAL $2,860.00 $5,280.00 $10,720.00 $32,408.00 $10,000.00 $855.00 $3,120.00 $4,200.00 $4,500.00 $3,680.00 $2,600.00 $570.00 $585.00 $1,160.00 $1,000.00 $3,600.00 $87,138.00 $87,138.00 Estimate of Probable Construction Costs/Site work
Project El Gabilan PlayLot Estimate Status:

Proj. #: P22-064
Date: November 1, 2022
item description quantity unit cost item total subtotal

TEMPORARY FACILITIES & CONTROLS
Staking (Small Projects) 18,000 SF $1.50 $27,000
Temporary Construction Fence, 6' High Chainlink 300 LF $15.00 $4,500 Tree protection and care 1 EA $1,000.00 $1,000
Construction Signs 1 LS $2,500.00 $2,500 $35,000

DEMOLITION
Clear and Grub 4,000 SF $1.50 $6,000
Saw Cut Paving 400 LF $5.00 $2,000
Demolish AC Paving and Base 14,000 SF $1.50 $21,000
Demolish BB Post and Hoop 1 LS $1,500.00 $1,500
Salvage Irrigation Heads 30 EA $25.00 $750 $31,250

EROSION CONTROL
Erosion Control - General 18,000 SF $0.25 $4,500 $4,500

EARTHWORK & GRADING
Fine Grading 14,000 SF $1.50 $21,000 $21,000

CONSTRUCTION - AC PAVING
AC Paving 3" over 6" Class-II aggregate base 14,000 SF $6.50 $91,000 Painted Striping for BB Court and Play Activities 1 LS $7,500.00 $7,500 $98,500

PLANTING & IRRIGATION
Irrigation and Planting adjustments 4,000 SF $6.00 $24,000 $24,000 Equipment - Sports
Basketball Goal Set 1 EA $10,000.00 $10,000 $10,000
Subtotal $224,250
$56,062.50
$22,425.00
$28,031.25
$35,000.00
$22,425.00
Total $388,194

SCOPING
The above items, amounts, quantities, and related information are based on BFS Landscape Architects' judgment at this level of document preparation and is offered only as reference data. BFS has no control over construction quantities, costs, and related factors affecting costs, and advises the client that significant variations may occur between this estimate of probable construction costs and actual construction prices.
25% Design Contingency
8% Bonds & Mobilization
10% Construction Contingency
Testing and Inspections
8% Escalation
BFS Landscape Architects Page 1 of 1

Page 1 ends

Project Management Organization and Approach

Project Management, Budget
Management for El Gabilan Park

Project Understanding
The G7 team understands the City is seeking assistance with Project Management for implementation of the El Gabilan Park Project. We have reviewed the City's Scope of Services in the Request for Qualifications and understand these services. Our goal is to serve as an extension of City staff in the delivery of services.

Page 2 ends

Project Management Organization and Approach
reviews of the design consultants work on constructability and compliance with the design contract requirements.

Pre-Construction Phase Services:

Deliverable: Actions items prepared for project management tracking to keep project on budget and on schedule.

Budget Management
Services will include develop a budget spreadsheet that tracks design phase services, construction phase services, construction costs, city costs, and city reimbursements.

Deliverable: Budget Spreadsheet and tracking invoices

Page 1 ends

Construction Management and Inspection

Construction Management and Construction
Inspection for El Gabilan Park

Construction Phase Services
The Construction Management effort will include the following duties. Construction manager duties which are described below.
• Tracking, Updating and coordination of schedule and budget • Construction Progress Reports will be prepared monthly and submitted to the City with reports including status of contract time and overall progress of the contractor.
• Coordination with inspection staff
• Coordination with the Architect on RFI
• Determine the validity and justification for all change orders and provide recommendations to the City.
• Negotiate costs with the contractor
• Prepare CCO and process through the City
• Track all CCOs against project contingency balance.
• Construction Progress Reports will be prepared monthly and submitted to the City with reports including status of contract time and overall progress of the contractor.
• Conduct construction progress meetings and keep meeting agendas and prepare minutes with action items promptly.
• Interpret the plans and specifications and review construction activities to verify that the work is in accordance with the contract documents and applicable regulatory requirements.
• Be the leader in pursuing resolutions of day-to-day construction issues raised.

This will include coordination with inspectors, Consultants, Contractors, and the City as required to reach resolution.
• Obtain and maintaining key specification referenced standards that relate to the project.
• Monitor project permit conditions and related expiration dates and inform the City and Contractor when non-compliance is observed.
• Review and process contractor’s monthly payment request with the project inspector(s). He will provide a preliminary payment request to the City’s Project Manager for review prior to submittal of the final monthly payment request. • Coordinate and verify the tracking of record drawings. This will include reviewing the contractor’s record drawings ongoing basis and verifying the final submission to City.
• Coordinate the preparation of a detailed project punch list at substantial completion of the project and coordinate with project stakeholders.

Page 2 ends

Construction Management and Inspection

• Verification of submitted final payment requests from the Contractor following filing of Notice of Completion.
• Review and certify that the Contractor’s project record drawings are complete and accurate prior to contract acceptance.
• Develop recommendations for notice of substantial completion and contract acceptance, compile and submit the appropriate final documentation to the City in electronic and paper files as needed.
• Be proactive in identifying potential concerns and work toward cost-effective solutions.

Construction Inspection efforts will include:

• Part Time Construction Inspector will review the construction for compliance to the plans and specifications; collect and verify material certification and tickets. • Perform Photo Documentation. The Construction Inspector will assist with photos of construction site conditions.
• Prepare written daily field reports for submittal to the Project Manager/Construction Manager. Reports will include types of contract work performed, the labor and equipment utilized, quantities of materials constructed, significant conversations with the Contractor constructing the work, and a discussion of any work not conforming to the plans and specifications.
• This proposal does not include Materials Testing, Construction Staking or Field Survey, however, the construction inspector will coordinate with materials testing firm hired separately by the City and City surveyors.
• Construction Inspector will prepare a Punch List after substantial completion of the work.

Deliverable: Construction Field reports, Construction Management Action Items

1-Nov-22
Senior Project Manager
Project Manager III
Construction Inspector III
1 –Project Management
Senior Project Manager 8 28 8.0 $7,444
2 –Budget Management
Senior Project Manager 4 16 4.0 $4,112
3 –Construction Management
Senior Project Manager 4 28 4.0 $6,452
Senior Construction Inspector 96 96.0 $14,400
Hours 16.0 72.0 96.0
TOTAL
Total Resource Hours
Total Resource Costs
32,408$
$195 $1502023 Rates* $248
112.0
City of Salinas
El Gabilan
Project Management, Budget Management, Construction
Management
11/1/2022
EL Gabilan Play-Lot

Proposal for Labor Compliance Monitoring
For City Park Revitalization
And Improvement
Projects
City of Salinas

Elizabeth Matz | Associate Principal

BFS LANDSCAPE ARCHITECTS
425 Pacific Street #201, Monterey CA 93940
831.646.1383 p | 831.582.7723 c| [email protected]

Catalina Ferreto
President
360PSM
Labor Compliance Monitoring Officer- Analyst
18110 Stonehaven Dr,
Salinas CA, 93908

360PSM

09-08-2022
Elizabeth Matz | Associate Principal

BFS LANDSCAPE ARCHITECTS
425 Pacific Street #201, Monterey CA 93940
831.646.1383 p | 831.582.7723 c

Subject: Proposal for Labor Compliance Monitoring Services City Park Revitalization and Improvement Projects for City of Salinas for EL Gabilan Play-Lot

Dear Elizabeth:

· Labor Compliance

Catalina Ferreto
360PSM
President
831-500-1263
[email protected]

EL Gabilan Play-Lot
Project Description and Approach
Labor compliance monitoring

Project Understanding
BFS Landscape Architects team interested in Professional Labor Compliance Monitoring Services for City of Salinas. Project Title: City Park Revitalization and Improvement Projects for EL Gabilan Play-Lot The City of Salinas has a population of 165,000 people, is the largest city in the County of Monterey and serves as the county seat. Known as the “salad bowl of the world”, the community is surrounded by agricultural lands which drive its economy and shape its heritage.

The city lies about 100 miles south of San Francisco and approximately 10 miles inland of the Monterey Peninsula. Salinas has grown tremendously over the past sixty years, with a population of less than 30,000 in 1960. Diversity is one of Salinas’ strengths, with 75 percent of residents identifying as Hispanic/Latino.

EL Gabilan Play-Lot

The El Gabilan Play Lot is a small park located at 263
Toro Avenue and is 0.46 acre in size. The proposed
project would resurface existing asphalt and
incorporate a new half basketball court and/or other
playground games (i.e., hopscotch, four-square, etc.)
at El Gabilan Play Lot. The consultant is responsible
for designing and providing complete, biddable, and
constructible design documents with all supporting
information and approvals.

Contractual Scope of Services

BFS Landscape Architects requested Labor compliance monitoring and Community outreach for the Project. 360PSM proposes to perform the following services:

Labor Compliance Monitoring Pre- construction support services / Construction services

Ø Review the Prime Contractor and the Subcontractor payroll documents, including wage rates, fringe benefits, and forms and documents required by the State of California.

Ø Deliverable: Monthly tracking document for compliance resolution

EL Gabilan Play-Lot
Project Description and Approach
Labor compliance monitoring

Labor Compliance Monitoring/ Construction Phase

1. Review contract provisions and labor compliance requirements with the project team.

2. Determine the specific labor standards and dates of effect for wages for the construction project

3. Set up and maintain all compliance files a nd documents relating to prevailing wage activities;

4. Set up and maintain labor compliance files tracking the prime contractor and subcontractors.

5. Attend pre -construction meetings to discuss prevailing wage requirements with contractor and subcontractors.

6. Review Contractor's compliance with all State required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.

7. Verify that certified payroll records are submitted by prime con tractors and their subcontractors

8. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions.

9. Reconcile Weekly Certified Payroll Reports (CPR) & supportin g documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.

10. Review and verify Fringe Benefit Statements are consistent with the contract provisions and State of California requirements.

11. Monitor the submittal of Training Fund Contribution Reports.

12. Monitor workforce utilization reports to verify trade and apprenticeship participation.

13. Identify violations and investigate complaints of underpayment to workers.

14. Notify City-hired CM regarding delinquent, uncertified, inaccurate and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.

Wage Underpayment and Restitution Activities

EL Gabilan Play-Lot
Project Description and Approach
Labor compliance monitoring

1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.

2. Calculate and recommend to City-hired CM the amount of wages that will be withheld from the contractor's payments/retention.

3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare and submit documentation to City-hired CM.

4. Document and file final resolutions

Cost Proposal Gabilan Play Lot
Labor compliance monitoring
360PSM
Compensation

We have reviewed the contract documents and have developed an estimated the following fee for labor compliance and monitoring prevailing wages. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations. If project services are needed beyond the duration, the fee would be extended at the following hourly rate.

The estimated base bid cost of this construction work is $250,000

Labor Compliance – Pre-Construction Phase
Description Hours Rate Total
Labor Compliance Monitoring
Officer- Analyst

8 $125/Hour $750.00
Field Interviews 2 $125/Hour $250.00
Total $1000

Conclusion
We look forward working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]

Sincerely,

Catalina Ferreto |360PSM
President
(831)500-1263
www.360psm.com

Labor Compliance - Construction Phase
Description Hours Rate Total
Labor Compliance Monitoring
Officer- Analyst

50 $125/hour

$6,250.00

Field Interviews 20 $125/hour $2,500.00

Total: $8,750.00

360PSM Fee Schedule/ Public outreach- Community outreach

Fee Schedule

Catalina Ferreto
President 360PSM
831-500-1263
[email protected]

Labor Compliance
Hourly Rate $
2022 2023 2024
Labor Compliance 125 128.75 132.61
Field Interviews 125 128.75 132.61
President 150 154.5 159.14

Public outreach- Community outreach
Public outreach-
Community
outreach
125 128.75 132.61

Form: Professional Services Agreement v. January 2021 Page 1 of 16 BFS Landscape Architects
December 2022

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND BFS

LANDSCAPE ARCHITECTS

Form: Professional Services Agreement v. January 2021 Page 2 of 16 BFS Landscape Architects
December 2022

Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant. ............................................................................................... 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance. ............................................................................................................................. 6

12. Access to Records. ............................................................................................................... 6

13. Non-Assignability. ............................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 6

15. Ownership of Documents. ................................................................................................... 7

16. Termination. ......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

18. Exhibits Incorporated. .......................................................................................................... 8

19. Independent Contractor. ....................................................................................................... 8

20. Integration and Entire Agreement. ....................................................................................... 8

21. Jurisdiction and Venue. ........................................................................................................ 8

22. Severability .......................................................................................................................... 8

23. Notices. ................................................................................................................................ 8

24. Nondiscrimination................................................................................................................ 9

25. Conflict of Interest. .............................................................................................................. 9

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees .................................................................................................................. 10

28. Non-Exclusive Agreement. ................................................................................................ 10

29. Rights and Obligations Under Agreement. ........................................................................ 10

30. Licenses.............................................................................................................................. 10

31. Counterparts. ...................................................................................................................... 10

Form: Professional Services Agreement v. January 2021 Page 3 of 16 BFS Landscape Architects
December 2022

32. Legal Representation. ........................................................................................................ 10

33. Joint Representation. .......................................................................................................... 10

34. Warranty of Authority........................................................................................................ 10

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service ........................................................... Error! Bookmark not defined.

Form: Professional Services Agreement v. January 2021 Page 4 of 16 BFS Landscape Architects
December 2022

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND BFS LANDSCAPE ARCHITECTS

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and BFS Landscape Architects, a California corporation (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and

WHEREAS, Cons ultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall commence on December __, 2022, and shall terminate on May __, 2025, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million seven hundred fifty-five thousand three hundred eighty-nine ($1,755,389).

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:

(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

Form: Professional Services Agreement v. January 2021 Page 5 of 16 BFS Landscape Architects
December 2022

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice h as been submitted by Consultant. The City shall process undisputed portion immediately.

5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be perfo rmed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, a nd facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to

Form: Professional Services Agreement v. January 2021 Page 6 of 16 BFS Landscape Architects
December 2022

Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant agrees to indemnify, includ ing the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any pa ssive negligence of the City unless caused at least in part by the Consultant (aka Design Professional).

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours. Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes . Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

Form: Professional Services Agreement v. January 2021 Page 7 of 16 BFS Landscape Architects
December 2022

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, corre spondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.

(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:

(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for

Form: Professional Services Agreement v. January 2021 Page 8 of 16 BFS Landscape Architects
December 2022

services rendered to the date of termination upon Consultant’s delivery to the City of such material.

(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including bu t not limited to, an agreement with another party.

(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations . Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and 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 contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue . This Agreement shall be governed by and construed in accordance with the laws of the State of California , County of Monterey, and City of Salinas .

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices.

(A) Written notices to the City h ereunder shall, until further notice by City, be addressed to:

Form: Professional Services Agreement v. January 2021 Page 9 of 16 BFS Landscape Architects
December 2022

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Beth Matz
BFS Landscape Architects
831.646.1383 p | 831.582.7723 c|
425 Pacific St Ste 201, Monterey, CA 93940

(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.

(D) All such notices shall either be delivered personall y to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be emplo yed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to

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Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpr et or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non -exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. 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 a single agreement.

32. Legal Representation. Each party affirms that it has been represented , if it so ch ose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. N either party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

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35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

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

CITY OF SALINAS

____________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT

___________________________________

By (Printed Name): ___________________
Its (Title): ___________________________

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December 2022

Exhibit A- Insurance Requirements

Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insuranc e Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consult ant has no owned autos, hired and non -owned, with limit s no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed , with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status

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The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer o f said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

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Salinas City CouncilDecember 13, 2022

Salinas City Council
December 13, 2022