B. For all sums which the insured becomes legally
obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which cannot
be attributed only to ongoing operations at a single designated construction project shown in the Schedule above:
1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-Completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the
“products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in
the “products-completed operations hazard” will
reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction
project.
E. The provisions of Limits Of Insurance (SECTION
III) not otherwise modified by this endorsement
shall continue to apply as stipulated.
Packet Pg. 1089
VVORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT · BLANKET WC 99 0634
(Ed. 8-00)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due.
Person or Organization
ANY PERSON/ ORG
WHEN REQUIRED BY
WRITTEN CONTRACT
Schedule
Job Description
ALL CA OPERATIONS
This endorsement changes the policy to which ii is attached and is effective on the date issued unless otherwise stated. (The lnfonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/03/2022 Policy No. WVE 5030354 07 Insured CROSSTOWN ELECTRICAL & DATA
Insurance Company INSURANCE COMPANY OF THE WEST
WC 990634
(Ed. 8,.()())
Countersign
INSURED
Endorsement No.
Packet Pg. 1090
BLANKET ADDITIONAL INSURED COVERAGE
.
If you pay the premium for this Blanket Additional
Insured Endorsement, we agree with you that any
person or organization with whom you have executed a
written agreement prior to any loss is added as an
additional insured with respect to such liability coverage as is afforded by the policy, but this endorsement applies to such additional insured only as a person or
organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional insured.
Regardless of the provisions of paragraph A. of the
Other Insurance section of this policy, if the person or organization with whom you have executed a written
agreement has other insurance under which it is the
named insured and that insurance also applies, then
this endorsement is primary to, and non-contributory
with, that other insurance when the written contract or agreement between you and that person or
organization, signed and executed by you before the
bodily injury or property damage occurs and in effect
during the policy period, requires this endorsement to be primary and non-contributory.
In no way does this endorsement waive the Other
Insurance section of the policy, nor make this policy
primary to third parties hired by the insured to perform work for the insured or on the insured’s behalf.
Integon National Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No.: 2005675448 Effective: 11/05/2021 (12:01 A.M.) Packet Pg. 1091
This Endorsement Applies Only If
Form Number 10379 (01012014) Appears on the Declarations Page.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
All the provisions of this Policy apply except as modified by this endorsement.
Policy No.: 2005675448 Effective: 11/05/2021
This endorsement is issued to: CROSSTOWN ELECTRICAL & DATA
GENERAL PROVISIONS
OUR RIGHT TO RECOVER PAYMENT section will not apply to:
Integon National Insurance Company
CITY OF SAN BERNARDINO
290 NORTH D STREET
SAN BERNARDINO, CA 92401
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Traffic Signal On-Call Services and Emergency
Repair Services (Knockdowns)
for the City of San Bernardino
June 21, 2022
Yunex Traffic Work Proposal
Yunex Traffic
2250 Business Way
Riverside, CA 92501
www.yunextraffic.com
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June 21st, 2022
Ms. Precious Carter
Purchasing Division Manager
City of San Bernardino
209 North D Street
San Bernardino, CA 92401
'{LJN = x
TRAFF I C
Proposal for: Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) Ms. Carter,
Yunex LLC would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) for the City's traffic signal system. The prices and terms stated in our proposal package will remain in effect for 190-days from the date of submission, June 21 st, 2022.
Yunex LLC is a corporation, incorporated in the State of Delaware on February 17th, 2021. Yunex LLC is a wholly owned subsidiary of Siemens Mobility, Inc. Our federal tax employer I.D. number is 86-2136678 and our corporate address is 9225 Bee Cave Road, Building B, Austin, TX 78733.
Yunex LLC is an electrical contracting firm who is a California licensed A & C-10 contractor (CA License #1080007) and is also a registered Public Works Contractor (DIR No. 1000815000), who provides leading edge traffic technology for the fast-paced Intelligent Transportation Systems world. Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Yunex LLC brings innovative and reliable solutions to customers.
During the evaluation, if there are any questions regarding this proposal, please feel free to contact either of us using the contact information listed below. We look forward to serving the needs of the City of San Bernardino and would like to thank you in advance for your consideration.
Respectfully,
Steven Teal
Director of Service
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
(951) 784-6700 Fax
steven.tea [email protected]
Yunex LLC
Operations Manager
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
(951) 784-6700 Fax
[email protected]
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1. Executive Summary........................................................................................................ 2
2. Table of Contents............................................................................................................ 3
3. Identification of Proposer ................................................................................................ 4 General Company Information............................................................................................ 4 Principal Contact Person Regarding Proposal: ................................................................... 4
4. Staffing Resources ......................................................................................................... 5 Firm Staffing and Key Personnel ........................................................................................ 5 Contract Management Team ........................................................................................... 5 Organization Chart ......................................................................................................... 8 Subcontractors ............................................................................................................... 8
5. Fiscal Stability ................................................................................................................ 9 Credit Information / DUNS:................................................................................................. 9
6. Experience and Technical Competence......................................................................... 10 a. Experience................................................................................................................. 10 Qualifications / Key Differentiators ................................................................................ 12 Contractor’s License / DIR Registration......................................................................... 13 b. Project Specific Experience......................................................................................... 14 Service Business Platform @ITS .................................................................................. 15 Customer Portal............................................................................................................ 16
7. Proposed Method to Accomplish the Work .................................................................... 18 Extraordinary/Response Services..................................................................................... 18
8. Fee Proposal................................................................................................................ 20
9. Insurance ..................................................................................................................... 24
10. Litigation ................................................................................................................... 25
11. Other Information ...................................................................................................... 26 Lessons Learned from Previous Projects.......................................................................... 26 Safety Training................................................................................................................. 28
12. Certification of Proposal ............................................................................................ 29
13. Appendices (Exhibit A) .............................................................................................. 30 Delegation of Approval Authority .......................................................................................... 35
2. Table of Contents
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General Company Information
Our Yunex Traffic US headquarters is in Austin, TX and employs more than 100 people - engineers, developers, integrators, and support staff - all driving our traffic systems business.
An additional 100 technical staff are in multiple field offices across the country to complete local projects and provide customer support. Our robust portfolio of products and experience will help drive your project’s success.
Firm Name: Yunex LLC, DBA, Yunex Traffic, A Siemens Business Address: 9225 Bee Cave Rd, Bldg. B, Ste 201 Austin, Texas 78733 Phone: 512-837-8300
Fax: 512-421-6617
Contractor License #: 1080007 (Class A & C-10), expires 08/31/2023 DIR #: 1000815000, expires 06/30/2023
Form of Ownership: LCC wholly owned by Siemens
State of Incorporation: Yunex LLC. was incorporated in
Delaware in February 2021.
Years in Business: Siemens has been in business for over 180 years. We have been operating under the name Yunex Traffic, A Siemens Business for 1 year.
Office Locations and Staff
Siemens AG (Parent Company)
Werner-von-Siemens-Str. 1
80333 Munich, Germany
Office: +49 89 636-33443
Yunex Traffic US Headquarters
9225 Bee Cave Rd, Bldg. B, Ste 201
Austin, Texas 78733
512-837-8300
Regional Project Office / Testing Facility
Office, Warehouse, and Testing Facilty
2250 Business Way
Riverside, CA 92501
Principal Contact Person Regarding Proposal:
Robert Paquette
2250 Business Way
Riverside, California 92501
Office: 951-784-6600
[email protected]
3. Identification of Proposer
We have been operating under
the name Yunex Traffic, A
Siemens Business for 1 year, but
have over 40 years’ experience in
the industry.
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Firm Staffing and Key Personnel
Director of Service: Steven Teal
Steve brings 23 years in the Traffic Signal/ITS industry as a Technician, Project Manager, Operations Manager, and Regional Manager. Since 2015, he has been the Director of Service for Siemens/Yunex Traffic and is accountable for the Yunex Traffic, Signal/ITS Maintenance business nationwide. He is responsible for the management of 33 office employees, 91 field employees and more than 155 municipal traffic signal and streetlight maintenance contracts.
Operations Manager: Michael Hutchens
Mike has over 28 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional, and competent through the years from Field Laborer to Project Management, and most recently Operations Management. Mike is responsible for overall profits and losses for the Southwest US territory. Mike has managed 115 traffic signal and street lighting maintenance customers.
Contract Management Team
If selected, Candace Gallaher would be the Project Manager servicing the City of San Bernardino. Candace, her Service Coordinator, Melissa Torna, and the Area Supervisor, Fred Molina will be responsible for maintaining communication with the City regarding maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team to ensure that all your requests are being effectively addressed.
Name Candace Gallaher
Role Service Project Manager
Time with Yunex / Siemens 15 years
PM Direct Supervisor Michael Hutchens, Western Operations Manager PM Availability 100%
Bio Candace currently manages the Annual Traffic Signal Video & Loop Detector Installation Services contract for the City of San Bernardino. Candace has over 15 years of experience managing projects related to traffic signal and streetlight maintenance Candace is accountable for the overall performance for all contracts in the San Bernardino and Riverside County areas, manages 9 field employees, and will be responsible for the overall contract performance and day to day correspondence for this project. Candace and her team will be directly responsible for administering the contract and ensuring all maintenance activities are performed in line with your scope of work.
Qualifications/Certifications IMSA Level I Certified Traffic Signal Technician Other Industry Certifications:
Microsoft Word/Excel/Project
Adobe Products
SAP (ERP System)
PM Similar Projects Candace has successfully executed 30 similar projects.
PM Experience City of Cathedral City TS Maintenance (07/2018 – Current)
4.Staffing Resources
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City of Rancho Cucamonga TS Maintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
Name Melissa Torna
Role Service Coordinator
Bio Melissa has over 11 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, MCompanion, and SharePoint. Melissa is responsible for day-to-day coordination, dispatching, customer billing, and supports Candace and the field technicians with all other activities.
Experience City of Cathedral City TS Maintenance (07/2018 – Current) City of Rancho Cucamonga TS Maintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
Qualifications/Certifications IMSA Level I Certified Traffic Signal Technician Other Industry Certifications:
Melissa is currently working towards obtaining her PMP in Project Management.
Name Fred Molina
Role Field Supervisor
Bio Fred has 32 years of experience in traffic signal and street lighting maintenance, with extensive experience on all types of systems. He is extremely knowledgeable with all field elements including, but not limited to: construction, modifications, installations, maintenance, troubleshooting, and repairs to both traffic signal and street lighting systems. Fred will be responsible for supporting the Service Account Management Team with monitoring maintenance field activities, site inspections, and scheduling/supervision of maintenance technicians
Experience City of Cathedral City TS Maintenance (07/2018 – Current) City of Rancho Cucamonga TS Maintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
Qualifications/Certifications IMSA Work Zone Safety
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All employees and equipment listed below are located at, or near our Riverside Facility and are available to respond to the City of San Bernardino, if required:
Contract Management Team
Steven Teal Director of Service, US • IMSA Level III Certified Technician • “A” Contractor License Holder
Michael Hutchens Area Operations Manager • IMSA Level III Certified Technician • “C-10” Contractor License Holder
Candace Gallaher Service Account Manager • IMSA Level I Certified Technician Melissa Torna Service Coordinator • IMSA Level I Certified Technician Jennifer Dalby Dispatcher • Not Applicable
Contract Execution Team
Fred Molina Field Supervisor • IMSA Work Zone Safety
• IMSA Level III Certified Technician
2019 Supervisor Pickup
Truck
Christopher Slocum Field Supervisor • NEC Certified
• IMSA Work Zone Safety Certified
2019 Supervisor Pickup
Truck
Minh Tran Engineering Technician • NEC Certified
• IMSA Level III Certified Technician
2018 Supervisor Pickup
Truck
Alberto Ramirez Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Timothy Walker Lead Traffic Signal Specialist • NEC Certified • IMSA Level III Certified Technician 2019 Ford Pickup Truck Samson Monte Lead Traffic Signal Specialist • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Brandon Meidl Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Jorge Luviano Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Gabriel Knutson Traffic Signal Technician • NEC Certified • IMSA Level II Certified Technician 2019 Ford Bucket Truck Neale Ramos Traffic Signal Technician • IMSA Level III Certified Technician 2019 Ford Bucket Truck Christopher Franco Traffic Signal / Streetlight
Technician
• NEC Certified
• IMSA Level III Certified Technician 2019 Ford Bucket Truck Nathaniel Baker Traffic Signal/Fiber Technician • IMSA Level I Certified Technician • Fiber Optics Technician 2019 Ford Bucket Truck
Auxiliary Field Staff (Construction/Utility)
Cecil Terry Construction Foreman • NEC Certified
• IMSA Work Zone Safety
2019 Ford
Contractor/Utility Body
Hugo Munoz Groundsman/Crane Operator
• NEC Certified
• IMSA Work Zone Safety
• Certified Crane Operator
2018 Ford
Contractor/Utility Body
Available Equipment and Tools (All located in Riverside, California):
Equip No. Year Description
TC2201 2022 Sullair DP Towable Air Compressor
TC2202 2022 Sullair DP Towable Air Compressor
TC2203 2022 Sullair DP Towable Air Compressor
AB2201 2022 HSP Towable Arrow Board
AB2203 2022 HSP Towable Arrow Board
Specialty Tools
ATSI PCMT 8000 Conflict Monitor Test and Certification Unit ATSI PCMT 2600 Conflict Monitor Test and Certification Unit Metrotech Underground Locator (USA Dig Alert)
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Yunex Traffic has over 20 additional traffic signal technicians (mostly IMSA Level III certified) located in San Bernardino, Riverside, San Diego, Orange, Los Angeles, and Ventura County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for (USA) Dig Alert service, Corning certified fiber optic technicians, and our own in-house loop crew.
Organization Chart
Subcontractors
For this project, Yunex Traffic does not intend to utilize any subcontractors.
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Yunex LLC, a Delaware corporation is fully owned by Siemens Mobility, Inc., a 100% subsidiary of the Siemens AG corporate group, a multinational, multi-billion-dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www.siemens.com through "Investor Relations". All required financial reports and filings are available at the SEC's website http://sec.gov/edqar.shtml. Siemens Mobility, Inc. and its subsidiaries are not publicly traded companies and do not release separate annual financial statements.
Credit Information / DUNS:
5. Fiscal Stability
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a. Experience
Siemens ITS is now operating as a new company, Yunex Traffic, a Siemens Business. While still part of Siemens, Yunex Traffic is now a more agile company able to adapt to the needs of our clients, will still maintaining the powerful financial backing of Siemens. Siemens is a Fortune 50 infrastructure and technology company, with 350,000 employees in more than 200 countries and annual revenues of upwards of $80 billion. Of the 350,000 employees, 69,000 are based in the United States, and more than 200 work for Yunex Traffic.
We have unparalleled experience in providing Traffic Signal Maintenance and Repair Services.
Our team will ensure the City of San Bernardino receives the highest quality support services.
Our goal is to exceed your expectations. Yunex Traffic is familiar with the needs of your project and the area with our project office located
just 10 miles from the City of San
Bernardino. Siemens and Yunex Traffic
have been actively involved in roadway
solutions for over 40 years.
The Yunex Traffic Customer Service
Division is a licensed electrical
contracting/transportation engineering firm
specializing in the maintenance, testing,
repair, upgrading, and replacement of
traffic signals, streetlights, and exterior
commercial lighting. We have a broad
range of expertise and experienced
personnel including registered professional transportation engineers, International Brotherhood Electrical Workers (IBEW), Journeymen Electricians/Technicians and International Municipal Signal Association (IMSA), Certified Technicians. Our field technicians are certified as “Qualified Electrical Workers” and have the necessary IMSA certifications.
We are proud to say that we are one of the most successful traffic signal and streetlight maintenance/construction contractors in the United States. Our employees and equipment are dedicated for traffic signal maintenance and streetlight projects. We issue insulated bucket trucks to all our electricians and linemen. Each truck is equipped with all the necessary tools, equipment, and inventory to perform 100% of project specifications, including all maintenance and repairs for traffic signals. All vehicles are appropriately marked with the company logo and Department of Transportation (D.O.T.) markings, and each employee is issued a company phone, and a laptop or tablet computer.
As the leader in the private traffic signal and
streetlight maintenance industry in the United
States, Yunex Traffic can provide unparalleled
expertise and outstanding value in traffic signal and
street lighting related services. Among the most
beneficial:
Yunex Traffic has the largest workforce of
IMSA Level III Certified Technicians, NEC Certified
Electricians, and construction personnel in the
industry.
6.Experience and Technical Competence
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Yunex Traffic has strategically positioned field offices with an abundance of inventory and technical resources, should the need arise.
Yunex Traffic employees live in geographical
areas, which allow them to respond quicker than
our competition. All technicians are assigned
vehicles which are taken home daily to ensure
rapid response in case of an emergency. This
provides our customers with the most efficient
response times in the industry.
Yunex Traffic owns and operates approximately
100 service vehicles of various types and sizes in
the State of California, the bulk of which are in
Southern California. Yunex Traffic currently owns
three cranes located in Southern California,
which are strategically stationed for quicker
response times.
Yunex Traffic will provide and maintain emergency service response on a three hundred and sixty-five (365) day basis, including all holidays.
Yunex Traffic is focused on delivering what your City needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the City of San Bernardino and its residents.
Background
Yunex Traffic History and Growth
With over 98 years of
experience in traffic
management solutions and
services, our roots lie in the
globally respected Siemens
family. From there, we have
taken the comprehensive
expertise in the field of
intelligent traffic solutions
with us in our way into the
future. We enjoy an
outstanding reputation as a
global solution partner for
future proof mobility
concepts. In doing so, we
combine in-depth industry
experience and market
leadership with the agility of
a startup.
As you will see from the graphic above, Yunex Traffic has had a long and storied history in traffic signal and customer service.
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Yunex currently maintains streetlights, traffic signals, and other related equipment for over 138 agencies encompassing over 4,000 signalized locations of assorted sizes from full function intersections to in-pavement flashing crosswalks and rapid flashing beacons. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. We have been in the traffic signal maintenance industry worldwide for over 50 years.
In the United States, we have been in business for over 40 years servicing numerous contracts throughout the country.
Qualifications / Key Differentiators
Yunex Traffic stands uniquely positioned to partner with the City of San Bernardino for Traffic Signal Maintenance On-Call Services and Emergency Repair Services. In fact, we believe that our value proposition, a unique mix of corporate characteristics, industry focus, and experiences, is unmatched in the current market. Specifically, we at Yunex Traffic believe that we are a best fit for this contract, based on 5 key attributes:
1. Corporate/Divisional Competency
2. Experience
3. Locality
4. Scalability
5. Updated Project Management
Our Corporate/Divisional Focus and Competency
Yunex Traffic (formerly Siemens Mobility ITS) is a major global player in the industry, driving innovation in technology and physical products that are used by partners, both public and private, throughout the world. The Field Services Division of Yunex Traffic is focused on the installation, integration, and maintenance of all systems, from legacy technology to newest and most advanced traffic management devices on the market. While this ability to work with all systems is a requisite competency for any maintainer, Yunex is unique in its occupation of a space that straddles innovation and deployment in a field environment.
Our competitors typically focus on narrower aspects of the traffic market: Heavy Construction, Traditional Maintenance, or Technological Innovation. By Comparison, Yunex Traffic and our Field Services Division provides our customers with a wide base of expertise across the spectrum of innovation, deployment, integration, and maintenance of systems and devices.
Our Experience
Yunex Traffic has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track-record highlighted by our well-qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We Packet Pg. 1104
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understand what is required to maintain a community’s infrastructure and strive to exceed our customer’s expectations.
Our Locality
Our project office in nearby Riverside is mere minutes away from the City of San Bernardino.
We are poised to react quickly with additional or specialty equipment, additional personnel when required, and with materials that the City requires. This location is not a temporary office specific to this project; we have been firmly planted for 40 years in the area with multiple certified technicians within minutes of your City.
Our Scalability
Yunex Traffic Field Services operates maintenance and project contracts across the United States, serving more than 300 public customers. Unlike a regional player, the distributed Yunex footprint allows us to respond to emerging requirements by shifting resources to where they are needed most. We are the company you are looking for - both locally and globally. Since we operate in multiple markets, our personnel and equipment are not all affected by the same circumstances.
Our Project Management
To provide efficient and effective project management, project progress is tracked in real time using digital tools such as Power BI, Map box, ArcGIS, and Tableau, which enable transparency between Yunex Traffic and its client while reducing risks of delays.
Contractor’s License / DIR Registration
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b. Project Specific Experience
For this project, we are providing the below references:
Client Description City Contact Contact information
City of Cathedral
City
Traffic Signal
Maintenance and
Repair Services
Deanna Pressgrove
68700 Avenida Lalo Guerrero
San Bernardino, CA 92234
(760) 770-0369
[email protected]
City of Rancho
Cucamonga
Traffic Signal
Maintenance and
Repair Services
Timothy Baltazar
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
909-774-4136
[email protected]
City of Chino
Traffic Signal
Maintenance and
Repair Services
Mario Flores
13220 Central Ave
Chino, CA 91710
909-591-9828
[email protected]
City of Ontario
Traffic Signal
Maintenance and
Repair Services
Johnson Hua
303 East B St.
Ontario, California 91764
909-395-2131
[email protected]
City of Anaheim
On-Call Traffic
Signal Maintenance
and Repair
Services
John Thai
201 S. Anaheim Blvd.
Anaheim, CA 92805
714-765-5202
[email protected]
City of Fullerton
Traffic Signal
Maintenance and
Repair Services
Dave Langstaff
303 W. Commonwealth
Fullerton, CA 92832
714-738-6858
[email protected]
City of Irvine
Traffic Signal
Maintenance and
Repair Services Kevin Tobin
6427 Oak Canyon
Irvine, CA 92618
949-724-7684
[email protected]
Yunex has many more references that can/will be provided upon request.
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c. Technical Competence
Service Business Platform @ITS
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed. SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it appears to be a repeated call out or duplicate order. Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.
The contractual Scope of Work and all maintenance Activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe. Customer Specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work.
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Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, event reporting Asset management (including digital photographs, GIS data, etc.) Packet Pg. 1108
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Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order.
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It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an everevolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for the City of San Bernardino.
Extraordinary/Response Services
We will provide extraordinary services such as scheduled repairs, emergency response and technical support services to the City’s traffic signal systems in accordance with City requirements and as listed below.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800- 229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that he/she is in receipt of the call out/work order. The technician will arrive at the site within two (2) hours to assess and correct the reported problem. Once the problem is corrected, the technician will inform the city of the repair actions.
Our extraordinary and emergency response services include, but not limited to, the following services:
Downed signal heads, poles, signal on flash, signal blackout, burned out lamps, damaged controller and cabinet, damaged illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, electroliers, pedestrian signal heads, wiring, battery backup units/batteries, and other operational equipment related issues.
Assisting the City for extraordinary events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions. If requested, prepare punch list items, and follow through with City representative to ensure a successful completion.
Perform overhead maintenance on safety lighting, traffic signals, street name and regulatory signs, video detection cameras and Opticom systems.
Provide support for underground maintenance including conduit repair or replacement, wire inspection and installation, fiber optic repair/installation, and interconnect installation.
Repair, replace or otherwise render in good working order all defective parts of the traffic signal equipment with like make and
7.Proposed Method to Accomplish the Work
…our toll-free emergency phone
number, 1-800-229-6090. A live
dispatcher will be available 24
hours a day, 7 days per week, 365
days per year.
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model parts. Whenever equipment is removed, the City representative will be notified within twenty-four (24) hours.
USA Dig Alert – Locating services using in-house locators. o Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech. Detector Loop Replacement. Yunex Traffic is currently the only maintenance provider who performs Loop replacements in-house.
Yunex Traffic will notify the City prior to any traffic signal deactivations that may be necessary to provide the required services. Traffic signal shutdowns will not be scheduled without the approval of an authorized representative of the City. Also, Yunex Traffic will not proceed with any extraordinary repairs without authorization from the City, unless it is a matter of public safety.
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18 UNIT COST COMPENSATION SHEET
Type of Equipment or Material Unit Cost (Each)
Furnish and install new Controller Cabinet (TS – 2 Type 1 “P”) Furnish and install new signal controller
Furnish and replace/install American Disability Act (ADA) complaint PPB Furnish and install ADA compliant Pedestrian Pushbutton (PPB) post (no foundation replacement)
Furnish and install ADA compliant PPB post (with foundation replacement)
Furnish and install Audible PPB (Polara)
Furnish and Install 12’ Green pedestrian light pole (no foundation replacement)
Furnish and Install 12’ Green pedestrian light pole (with foundation replacement)
Furnish and Install 30’ Green pedestrian light pole (no foundation replacement)
Furnish and Install 30’ Green pedestrian light pole (with foundation replacement)
Type 1-A – 10’ (no foundation replacement)
Type 1-A - 10’ (with foundation replacement)
Type 1-B – 10’ (no foundation replacement)
Type 1-B - 10’ (with foundation replacement)
Type 1-D – 10’ (no foundation replacement)
Type 1-D -10’ (with foundation replacement)
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Exhibit A
Furnish and Install Type 18-4-100 with foundation
Furnish and Install Type 19-4-100 with foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light Remove existing type 15 Pole
Pull box # 3.5
Pull box # 5
Pull box # 6
Pull box lid for # 3.5
Pull box lid for #5
Pull box lid for #6
12” LED signal (Green – Ball)
12” LED signal (Yellow – Ball)
12” LED signal (Red – Ball)
12” LED signal (Green – Arrow)
12” LED signal (Yellow – Arrow)
12” LED signal (Red – Arrow)
8” LED signal (Yellow – Ball)
8” LED signal (Red – Ball)
8” LED signal (Green – Arrow)
8” LED signal (Yellow – Arrow)
8” LED signal (Red – Arrow)
LED pedestrian signal
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Exhibit A
LED countdown pedestrian signal
Audible signal
Type “C” pedestrian signal housing
12” full circle visor
8” full circle visor
3 section 8” back plate (louvered)
3 section 12” back plate
3 section signal head complete assembly installation
4 section signal head complete assembly installation
5 section signal head complete assembly installation
Remove and secure a knockdown traffic signal pole
Trench rigid PVC conduit (1.5” to 3”)
Bore rigid PVC conduit (1.5” to 3”)
Trench rigid steel conduit (1.5” to 3”)
Bore rigid steel conduit (1.5” to 3”)
City furnished Battery Backup system in an existing “P” cabinet City furnished Battery Backup system in a stand-alone cabinet City furnished Battery Backup system and foundation
City furnished LED signal (vehicle indication only)
City furnished LED signal (Pedestrian indication only)
Installation of Timing Plan in controller
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new Packet Pg. 1114
Exhibit A
foundation. Furnish and install new foundation
City furnished Pedestrian signal housing replacement (Type C) Attach City furnished solar-powered radar sign to existing pole Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk
Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt
Install City furnished Rectangular Rapid Flashing Beacons (RRFB).
Furnish and install foundation with pole in dirt LS (complete system may be 2 or 3 RRFB)
Install City furnished RRFB. Furnish and install foundation with pole in LS sidewalk (complete system may be 2 or 3 RRFB)
Install City furnished GPS Opticom with receiver
Installation of complete lighted crosswalks – wired (up to 8 lights for two-lane LS roadway)
Installation of complete lighted crosswalks – solar wireless (up to 8 lights for two-lane roadway)
Restore turned signal head
Restore turned pedestrian signal head
Restore loose back plate
Restore loose missing visor or replace
Installation of traffic sign on overhead mast arm
Reset signals on flash and reset the Malfunction Management Unit (MMU) Grand Total $
After Work Hours or Weekend Hours Rate (additional
cost per hour) of labor (or flat rate added):$
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Yunex LLC has reviewed the insurance requirements provided in the RFP and plans to fully comply, should we be awarded the contract.
Please see our sample Insurance Certificate below
9. Insurance
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©2022 Yunex Traffic 25
At present Yunex Traffic, A Siemens Company, has no pending criminal, civil or administrative litigations. Please note that this certification primarily reflects information related only to this business unit and not to its affiliates. Yunex Traffic is a part of a large corporate enterprise, with numerous directly or indirectly controlled or controlling affiliates, conducting various disparate businesses in multiple jurisdictions, and employing over 60,000 employees in the United States.
Information from Siemens AG. affiliates regarding issues not material to the business of Yunex Traffic is generally not centrally maintained by Siemens. As a result, we cannot ensure the completeness of such information. Consequently, a material risk of insolvency to either the Service Provider or Guarantor or materially affects the Service Provider’s or Guarantor’s ability to perform their obligations due to pending litigation is not apparent.
Siemens performs tens of thousands of projects annually through over one hundred offices. As such Siemens has been involved in miscellaneous litigations and disputes arising out of its business, none of which are of a material nature as to adversely impact its ability to perform completely and satisfactorily any of its projects
10. Litigation
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Lessons Learned from Previous Projects
As a provider of Traffic Signal Maintenance and Emergency Repair Services solutions, Yunex Traffic is aware of what it takes to meet the requirements for the City of San Bernardino. In the over 40 years we have been providing these types of services, we have realized the best methods for a successful contract. Communication is at the heart of the success of any relationship and the relationship between Yunex Traffic and the City is no exception. We have discovered that hiring the right people, ensuring their longevity with our company, and encouraging ongoing education are all critical points. Finally, adhering to safety protocols and ongoing safety training for all field staff ensures the quality of the contract.
Communication: Our Project Manager, Candace will begin the project with a kick-off meeting.
She will meet with key personnel at the City to ensure that all requirements are understood and acknowledged. She will give access to the monitoring tools to those the City appoints, so transparent tracking is available to you. She will meet with the City’s program manager as requested to provide contract updates and statuses.
The Right People: For this project, we are assigning employees who are familiar with this contract and live within a short drive of the City. They have a long history in traffic signal maintenance and emergency repair services and most of it has been with us. The technicians we listed are NEC Certified Electricians, Level III IMSA Traffic Signal Technicians, IMSA Work Zone Safety Certified, Bucket Truck certified, and have years of experience. Our Project Manager, Candace Gallaher, has successfully managed over thirty (30) similar projects.
Safety: At Yunex Traffic, we do not take safety lightly. Yunex Traffic believes in a Zero Harm culture - for our employees, as well as for your citizens and visitors. We have stringent safety protocols to ensure a safe working environment while minimizing disturbances and ensuring safe motorways. Our staff is trained in proper work on busy roads, including traffic control management and lane closure procedures, if needed.
Our Ability to Supply
Yunex Traffic technicians will be equipped with various types of industry equipment. We fully stock our bucket trucks with signal controllers, power supply’s, conflict monitors/malfunction monitors, relays, load switches,
detectors (rack and shelf mount),
BIU’s, various video detection system
cameras and processors, signal
heads, pedestrian heads, signal
framework, LED’s, luminaries, and
many more required parts.
Yunex Traffic maintains an extensive
inventory of traffic signal and streetlight
equipment including controllers,
cabinets, load switches, signal heads,
poles, LED indications, luminaries
(HPS, MH, MV LPS and LED), service
enclosures, controller cabinets and
other miscellaneous parts. This
extensive inventory combined with our
11. Other Information
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vast experience and local testing facilities (located in Riverside) enables our team to repair or replace damaged equipment expeditiously and professionally.
At Yunex Traffic, we have provided the type of equipment, components, material, and services as outlined, continuously for over 40 years. We have a tremendous reputation throughout Southern California for meeting response times and exceeding expectations.
Spare Equipment currently on hand and available for the City of San Bernardino 15 – 170E controllers
10 – 2070 controllers
25 – NEMA controllers (such as Econolite ASC/2S-2100, ASC/3-2100, Cobalt, McCain ATC Flex, Siemens M50, M60, and Traconec 390CJ)
25 – 24VDC Power Supply
25+ – Malfunction Management Units (MMU)
20 – Conflict Monitors (CMU) from various manufacturers 20 – Bus Interface Units (BIU)
30 – Flash Transfer Relays
150 – Load Switches
60 – Detectors
6 – Type P controller cabinets
3 – 332 controller cabinets
250+ of each type – Replacement LED lamps (Red/Yellow/Green) 250+ – LED pedestrian signals
50 – ADA compliant pedestrian activation buttons
20+ – Streetlight luminaires of various manufactures and wattages 25+ - Various types/sizes of Marbelite concrete streetlight poles 25+ - Battery Backup Batteries (sizes/manufacturers vary) Testing Services
Yunex Traffic laboratories specialize in controller and cabinet system testing and support services including,
but not limited to conflict monitor testing and
certification. Yunex’s local testing facility is in
Riverside, California. Our facility can test and certify more than five (5) TS-1 or TS-2 Type control cabinet
assemblies simultaneously. Our laboratory has all tools and spare parts available to allow our lab technicians
to troubleshoot, test and repair typical traffic signal controllers and apparatus if it is found to be both
economically and time wise beneficial to the city.
Our facilities service all types and brands of traffic
signal control equipment including Caltrans Standard,
NEMA TS-1 and TS-2 and ITS equipment. Yunex
Traffic’s laboratory personnel include degreed IMSA
Certified Traffic Signal Technicians and Certified
Electricians. Our Field technicians perform all traffic signal related tasks with decades of cumulative traffic signal test and repair experience.
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Training
Yunex Traffic recognizes the importance of training as a benefit not only to our staff, but also to ensure a quality project. On-going training alleviates frustrations and establishes a solid foundation for service execution, results, and performance. We provide a variety of training options including project based; webinars; on-site classroom training; tailgate safety trainings, and custom training packages. In addition to project, product, and manufacturers training, we provide OSHA training as well as comprehensive environmental, health and safety programs including specific training on bucket trucks, utility line safety, and other safety protocols. Further we encourage all our service and operations staff to continue their education and ongoing training, obtaining all applicable certifications.
Safety Training
Yunex Traffic administers a comprehensive company-wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand “Safety Rules for the Outside Electrical Industry” by the National Electrical Contractors Association (NECA). Yunex Traffic has a zero-tolerance policy on all safety violations. Yunex Traffic will provide copies of any safety history documentation upon request.
Yunex Traffic employees are CPR and First Aid trained to provide treatment in the event of an emergency. Our employees are trained using a variety of resources and methods. The IBEW provides professional competence and safety training to our field staff. Our employees are trained in basic safety including proper lifting techniques. They have weekly tailgate meetings that address items such as electrical safety and current industry safety practices. Our electricians and technicians are also IMSA and IBEW trained. We believe it is critical that members of our field staff are professionally trained and enabled to help both themselves and others in the event of an emergency.
Drug Testing
Yunex Traffic conducts drug and alcohol testing under the following circumstances, unless prohibited by law or otherwise:
Applicant testing: All applicants for employment to whom the Company has made a conditional job offer must undergo a pre-employment drug test.
Employee testing: The Company may require employees to submit to drug and/or alcohol testing under the following circumstances:
When the Company has a reasonable basis for believing that an employee is using or is under the influence of drugs or alcohol in violation of the Company’s Drug and Alcohol - Free Workplace Policy.
When an employee or employees have caused or contributed to an on-the-job accident that has resulted in a personal injury with loss of work time, or when damage to Company property occurs.
On a return-to-work and follow-up basis following education or treatment either for drug or alcohol abuse or because of a positive drug or alcohol test. As part of a scheduled fitness-for-duty evaluation.
As part of a random testing program, if the employee works in a safety-sensitive position, or as may be required by a Siemens customer or applicable law. As may otherwise be required or permitted by law.
The Company’s testing policy will be administered in a manner that complies with all federal, state, and local laws governing drug and alcohol testing. To the extent any provision of this policy is inconsistent with applicable law, the policy will be updated to comply with the relevant law. Yunex Traffic’s complete Drug Testing policy is available upon request.
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The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
12. Certification of Proposal
Packet Pg. 1121
EXHI BIT A
PROPOSED SCOPE OF SERVICES
YUN :: X
TRAFF I C
Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) Scope of Work and Technical Specifications
The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City's traffic signals and related infrastructure. The vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.
During on-call or emergency requests, the vendor will furnish all labor, materials, equipment, and perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). In some instances, the City may opt to furnish materials to expedite the repair of a signalized intersection and return it to an operational status. This will require pre-authorization by the Contract Administrator.
Description of Services
Traffic Signal Repair and/or Replacement
The includes the repair and/or replacement of any signals of any type which may be malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related damage, malfunction, and/or any other type of failure.
1. Accidental Damage Repair - will consist of repairing damage to traffic signal systems (to include safety lights) and poles/foundations resulting from vehicular accidents. Accidental repair work includes cleanup of debris, such as that from a pole knockdown, set-up of barricades or other traffic control signs, hook-up of temporary controllers, temporary poles, temporary signals (as necessary), and any other work related to safeguarding the site against all injury or damage to the public and to return the intersection to a fully operational status as quickly as possible. The vendor will provide adequate traffic control and warning signs per Manual on Uniform Traffic Control devices (MUTCD) guidelines and shall maintain proper work site and directional signs while performing repair work. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.
2. Vandalism-This work will consist of repairing damage to traffic signal systems as a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.
Bidders must acknowledge all requirements of previous section, including all categories and subpoints. raffle acknowledges this section.
06/21/2022
Michael J. Hut s, perat10 s anager
If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city Vunex Traffic performs these same services for ver 60 City's in Southern California and BIDDER'S RESPONSE: own 3 cranes which are strate icall stationed to offer our clients the uickest response times in the industry.
13 Packet Pg. 1122
Parts, Material Quality, and Workmanship
YUN ::: X
TRAFF I C
1. Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the vendor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.
2. The vendor shall absorb the cost and responsibility for repairing parts to the signal equipment and control devices under the provisions of the preventative maintenance program while performing regularly scheduled maintenance. When total equipment and controller devices become obsolete or deteriorated to the point of being beyond repair, the Contractor shall report such conditions to City staff and demonstrate or provide evidence that replacement is necessary.
3. All permanent repairs to the system shall be undertaken within a thirty (30) day period.
Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.
4. The vendor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.
Bidders must acknowledge all requirements of previous section, including all categories and subpoints. raffle acknowledges this section.
06/21/2022
Michael J. tche s, Operations Manager
If Bidder an provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city Yunex Traffic employees are experienced in this type of work and currently performs BIDDER'S RESPONSE: these types of services for more than 60 other agencies in Southern California (additional references can/will be provided upon request. Yunex Traffic stocks over $1,000,000 in local inventory (including traffic signal / streetlight poles) that is available when needed.
14 Packet Pg. 1123
Repair or Replacement Services Records
YUN =X
TRAFF I C
The following records shall be maintained by the vendor covering signal maintenance activities:
1. A record of all repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the vendor, at the time of any repair work or modifications. A duplicate record will be kept on file in the vendor's office and will be sent to City staff, included on the monthly summary report. The vendor shall supply a copy of the maintenance record to City staff.
2. A database shall be maintained indicating previous maintenance and scheduled maintenance work.
Bidders must acknowledge all requirements of previous section, including all categories and sub-points.
06/21/2022
Michael J. utche , Operations anager
If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city Yunex Traffic has recently rolled out a new service tool called SBP BIDDER'S RESPONSE: (Service Business Platform), which is a ro rieta mana ement s stem designed to effective manage all service order progress, remotely update our ERP system (SAP) and as work is performed. Please see our Proposal for a more detailed explanation.
Response and Service
The vendor shall provide response and service in the following manner:
1. The vendor shall designate and inform City staff of a telephone number(s), where a representative can be reached concerning response or on-call maintenance.
The vendor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e-mail address for transmitting documents shall be owned and operated by the vendor.
2. When the notification is sent by City staff to the vendor between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday.
15 Packet Pg. 1124
3. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.
YUN - X
TRAFF I C
4. When a situation exists that City staff deems dangerous or an emergency and so advises the vendor, the vendor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.
s. Vendor's response to emergency repair should be coordinated with City staff.
6. The vendor shall restore normal operation of each traffic signal or system master covered under this contract within twenty-four (24) hours of notification.
On this end, the vendor shall install a City supplied substitute controller unit and/or cabinet that can provide the same signal operation, insofar as phasing and time, until the existing controller unit and/or cabinet can be returned to service or replaced. The installation of a substitute cabinet shall be considered as traffic signal repair/response maintenance and will be paid as noted in the Unit Cost Sheet.
7. In the event the vendor is required to furnish a controller unit or cabinet, prior approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The vendor or shall use only City- recommended and supplied controllers, such as Naztec, or Econolite Make Controllers ASC/2S, ASC/2M, Cobalt, or McCain 2070 etc. The Contractor shall not use any other type of controllers from other manufacturers not recommended by City staff.
8. If temporary stop signs are in place at the intersection when the vendor arrives, the vendor shall coordinate with City staff regarding removal of the signs when the traffic signal is placed in operation.
9. If the response time exceeds eight (8) hours or more, City staff reserves the right to have the repairs done by another company at the sole expense of the vendor. All penalty costs will be deducted from the monthly payments to the vendor
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10. The vendor shall provide all material and equipment required for response maintenance. Permanent repairs shall be completed as soon as possible, and, in all cases, within thirty (30) days, unless extended, due to unusual circumstances, by City staff. City staff may extend the maximum response time if materials are unavailable.
YUN X
TRAFF I C
Bidders must acknowledge all requirements of previous section, including all categories and sub-points.
Yun ex J raffic acknowledges this section.
06/21/2022
en , Operations anager
provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city Vunex Traffic's local office is located in Riverside, which is mere minutes BIDDER'S RESPONSE: from the Cit of San Bernardino. All of our em lo ees take their work vehicles home, which allows them to respond quickly when called upon.
Our employees also live in strategic areas, which provides our clients with some of the fastest response times in the industry. 17 Packet Pg. 1126
THIS DELEGATION ONLY APPLIES TO YUNEX, LLC. ALL CONTRACTS, BIDS,
CERTIFICATES, AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS MOBILITY, INC. MUST BE SIGNED BY RODNEY MATHIS AND DIRK
RAUBER WITHOUT EXCEPTION
DELEGATION OF APPROVAL AUTHORITY FROM
PRESIDENT RODNEY MATHIS AND CFO DIRK RAUBER
YUNEX, LLC.
______________________________________________________________________ A. The undersigned Rodney Mathis, President and Dirk Rauber, CFO of the Yunex, LLC. (the virtue of the authority vested as President and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $3 million.
AUTHORIZED SIGNATORIES
Business Operations
(Name/Position)
Finance/Central Support Function
(Name/Position)
Jaskaran Dhiman Singh
Manager, Procurement
B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1,500,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $500,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
(Name/Position)
Finance/Central Support Function
(Name/Position)
Michael Gaertner
Director, PLM/R&D
Anchal Bansal
Commercial Manager, Service
Goutham Lingannagari
Head of Bids & Projects
Craig Debevoise
Commercial Manager, Products
Nils Soyke
Project Manager
Manuel Guio Villarreal
Commercial Project Manager
Steve Teal
Director, Service
Marina Bergman
Commercial Manager, Projects
Jon Ringler
V.P. Sales
Harlan Seagren
Controller/Head of Accounting
John Cane
V.P. Operations
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AUTHORIZED SIGNATORIES
Business Operations
(Name/Position)
Finance/Central Support Function
(Name/Position)
Michael Hutchens
Operations Manager
James Barker
Commercial Project Manager
Venkatesh Jadhav
Project Manager
Claudia Thiele
Commercial Project Manager
Gary Kochetkov
Project Manager
Sari Mahli
Project Manager
Scott McCarthy
Material Manager
Del Nichols
Project Manager
Carlota Oteyza Hafner
Project Manager
Clint Schuckel
Operations Manager
Mejosh Thomas
Project Manager
William Tucker
Operations Manager
Jingcheng Wu
Technical Project Manager
D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $100,000. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
(Name/Position)
Finance/Central Support Function
(Name/Position)
Ali Aga,
Project Manager
Josh Spandiary
Commercial Service Manager
Joshua Ferras
Service Account Manager
Frank Werner
Commercial Service Manager
Deana Flynn
Service Account Manager
Peter Thomley
SCM Expert
Michelle Flynn
Service Account Manager
Candace Gallaher
Service Account Manager
Diana Johnson
Bid Manager
Joshua Lippincott
Service Account Manager
Robert Paquette
Sales Manager
Jeffrey Pierce
Service Account Manager
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E. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation.
F. It is further acknowledged that any delegate s authority extends only to the scope and extent of the . For instance, a project
to the limits described herein and only to the project(s) for which the delegate has responsibility.
G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation.
H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such delegator and filed with the Legal Department.
I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution.
J. Any prior versions of this Delegation of Authority policy are void.
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said company, as of the 21st day of February 2022.
________________________________
Rodney Mathis
President
Yunex, LLC.
_________________________________
Dirk Rauber
CFO
Yunex, LLC.
CERTIFICATE
I, Pamela Brickner, certify that I am the Secretary of Yunex, LLC, that Rodney Mathis and Dirk Rauber who signed this agreement for this corporation, were then President and Managing Director USA and Managing Director Finance USA of this corporation; and this agreement was duly signed for and on behalf of this limited liability company by authority of its governing body and within the scope of its corporate powers. Witness my hand and seal of this corporation on this 21st day of February 2022.
By: _____________________________
(CORPORATE SEAL)
Digitally signed by Mathis Rodney
DN: cn=Mathis Rodney, c=DE,
o=Siemens,
[email protected]
Date: 2022.02.21 10:50:13 -06'00'
Mathis
Rodney
By: _____________________________
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City of San Bernardino
RFP FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
1 | Page
City of San Bernardino –
Traffic Signal On-Call Services and Emergency
Repairs Services (Knockdowns)
June 21, 2022 – 3:00 PM
Submitted by: Bear Electrical Solutions, Inc –
Robert Asuncion, Vice President – 408-449-5178
[email protected]
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June 21, 2022
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
ATTN: Precious Carter, Purchasing Division Manager
RE: RFP Response for Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) – RFP F-22-72 Dear Ms. Carter,
We are excited to submit this RFP Response for Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) – RFP F-22-72.
BEAR is a Class A, C-10, C-31, and D-61 California Contractor licensed (#98207) electrical contracting firm specializing in the public sector, traffic signal maintenance, and construction. We are a Public Works registered contractor (DIR# 1000002158). Based in California and privately owned and operated, we built BEAR on the belief that nobody in our space was delivering what clients deserved. That mission to continually ‘drive a higher standard’ still stands true for us today.
In this RFP Response, we would like to highlight our experience and qualifications, the project resources dedicated to the City of San Bernardino, and our project understanding and approach to delivering a successful on-call, emergency traffic signal maintenance program.
Regards,
Bear Electrical Solutions, Inc.
Robert Asuncion, TE Brent Paulson, PMP
Vice President Vice President of Operations
[email protected] [email protected]
Company HQ: 1252 State Street, PO Box 924, Alviso, CA 95002 (408) 449-5178 Local Regional Office: 1114 E. Kimberly Ave, Anaheim, CA 92801 Packet Pg. 1131
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Table of Contents
Executive Summary........................................................................................................... 4 Identification of Proposer ................................................................................................. 5 Staffing Resources ............................................................................................................ 5 Firm Stability .................................................................................................................... 7 Experience & Technical Competence ................................................................................. 7 Project Specific Experience ......................................................................................................................... 11 Technical Competence ................................................................................................................................ 12 Proposed Method to Accomplish the Work ......................................................................13 Fee Proposal ....................................................................................................................16 Insurance.........................................................................................................................21 Litigation .........................................................................................................................22 Other Information............................................................................................................22 Certification of Proposal ..................................................................................................23 Appendices – Required Supporting Documentation..........................................................24 Packet Pg. 1132
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Executive Summary
Bear Electrical Solutions, Inc. (BEAR), a California corporation, was founded in 2013 and is headquartered in Alviso, CA (San Jose/San Francisco Bay Area). Our company’s southern California team of local electricians and laborers based out of Anaheim, California will be the assigned resource for this project. Being in the traffic signal maintenance business for over nine (9) years – BEAR’s core business strengths meet the needs of the City’s RFP by having the necessary experience and resources already in place.
Rooted in experience and driven by a belief to drive a higher standard in the industry, we assembled an all-star team of veterans founded on our guiding principles:
The Right People… We only hire people who have the perfect balance of experience and expertise in our specialized industry AND the right mindset. We are fanatical about providing excellent customer service and building long-term relationships.
Smart Systems… Building smart systems and processes are essential to empowering our team to deliver on their promises. We invest in technology focused on improving communication and efficiency that is completely customizable for each agency’s needs.
Continuous Improvement… As we build a relationship with each agency and better understand their needs, we can continually improve our service. We strive to make small onedegree shifts consistently every day to improve our customer experience and the effectiveness of our service.
These three values and founding principles guide our company – it has defined the company’s culture, work ethic, and expectations.
The Present... BEAR has three (3) offices which employs over 110 individuals statewide. Cumulatively we provide electrical maintenance services to (74) public agencies servicing over 163,000 streetlights and 7,000 traffic signals.
Additionally, we provide maintenance services to multiple high-profile sporting stadiums and private companies such as EV charging company ChargePoint.
The Future…In terms of the future, we understand that having a mindset of continuous improvement is paramount to the collaborative success of our business and our clients. In an ever-changing industry, we are diligent about investing our resources in learning new technologies and innovations. To this, we sponsor employees to attend professional training certification classes as well as provide third-party educational courses.
We foresee a maintenance business that needs to be nimble and fast to meet the growing demands of our clients.
Blending the tried-and-true methods of the past with the growing need for autonomy and data-driven decisionmaking – our company can help navigate the needs of public-private partnerships on leading-edge projects such as autonomous vehicles, SMART cities technologies, Small Cell/Wi-fi communications, and EV charging. The BEAR team, both in the office and field, look to the future in helping our customers, such as the City of San Bernardino find solutions to their maintenance needs.
BEAR’s expertise and company size allow the company to meet and exceed the requirements of this RFP. We welcome the City to meet our staff as well as visit our facilities.
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Identification of Proposer
a. Legal name and address of the company -
Bear Electrical Solutions, Inc.
Headquarters: 1252 State Street, Alviso, CA 95002-0924
Local Regional Office: 1114 E. Kimberley Avenue, Anaheim, CA 92801 b. Legal form of company -
A California Corporation
c. If a company is a wholly owned subsidiary of a “parent company,” identify the “parent company” - Not applicable - Bear Electrical Solutions, Inc. is a privately owned company. d. Name, title, address, and telephone number of the proposed representative to contact concerning the Proposal Submittal -
Robert Asuncion, Vice President
1252 State Street, Alviso, CA 95002-0924
(408)449-5178
e. California Business License Number -
#3530549
Staffing Resources
Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
We have a total of (4) electricians that will be the primary on-call electricians for the City. These four electricians are locally based in the San Bernardino area. At BEAR, our electricians take their bucket trucks home equipped with typical knockdown and traffic signal parts and components so that they can mobilize fast during after-hour call-outs. These (4) electricians are supported by (9) additional electricians and laborers in the event the scope of work requires additional labor support or expertise.
Rene McGaugh – Electrician
Rene McGaugh has over 20 years of experience performing traffic signal & street lighting maintenance and roadway electrical construction. Rene is passionate about the maintenance trade and, at one time, was a partner at a competing maintenance company. His resume includes NEC Licensed and IMSA Level 3 Traffic Signal and work zone certified. Experienced in traffic signal – new construction and inspection, large retrofit/replacement projects, knockdown response, and repair. IMSA Level III Field, OSHA 30, NEC #E150376-G
Chad Newton – Electrician, Utility Worker, & Crane Operator Chad started his electrical career in 2008 performing low voltage work, particularly the new construction and installation of underground infrastructure and fiber optic cabling. For the next 14 years, Chad was trained, self-performed, and led teams in new construction utility work and maintenance restoration work of foundations, conduits, concrete, and miscellaneous freeway electric work. Chad is experienced in Caltrans freeway work. Chad is also crane operator certified and has over 5,000 hours of high-reach crane work. IMSA Level III Field, OSHA 10
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Albert Soto - Electrician
Albert joined BEAR in May 2022 after working for Computer Services Company (CSC) since 1999. Albert is an experienced traffic signal maintainer and experienced construction electrician. He has worked on hundreds of new traffic signals for various Orange and LA counties and LA Metro Rail jurisdiction. IMSA Level III Field Minh Pham – Electrician
Minh started his career in the electrical industry as a Street Light and Traffic Signal Maintenance Technician 17 years ago. His resume includes State Certified Electrician, IMSA Level 3 Field Technician, IMSA Level 2 Bench Technician, OSHA 30 Certified, and various manufacturer-specific certifications. Experienced in streetlight maintenance repair and emergency response. IMSA Level III Field, OSHA 30, NEC #E122304-G (ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
We will assign the following three (3) personnel to principally be responsible for working with the City. Their key role is to provide the necessary consultation, project administration, and project coordination for emergency work.
Art Torres – Account Project Manager
Art started his traffic signal maintenance career in 2006, initially working as a warehouse material handler setting up traffic signal projects to become an IMSA Level 3, master traffic signal troubleshooter. With 17 years of field experience under his belt, Art is now working as an Account Project Manager. As Account Project Manager, Art will be accountable for the overall performance of the contract by ensuring contract deliverables are met and that all tasks and communications flow smoothly. Art is proficient with emails, MS Word, MS Excel, and other computer programs to help in this role.
Justin Cataldo – Regional Senior Manager
Justin has been in the maintenance industry for over 35 years. As Senior Manager, Justin will continue to be involved in day-to-day project management by providing technical and administrative support for Art and the field team. Justin will augment regional estimating duties, assist in quality control, and support project coordination.
Ralph Murillo - Field Superintendent – Ralph has been in the traffic signal industry for over 20 years. Ralph will responsible for scheduling and providing assignments to our field personnel. Ralph has extensive experience managing multiple work crews who perform maintenance and emergency knockdowns, Edisonrelated power issues, and new construction work. Ralph will be coordinating with the Project Manager (Art Torres) to make sure all project deliverables are met. IMSA Level III Field, OSHA 30, NEC #E141087-G (iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes.
See appendix.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
See above.
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Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function if known at this time.
BEAR intends to subcontract crane work to the following company:
Bob’s Crane Services – 12101 CA-67, Lakeside, CA 92040
All other work is planned to be performed by BEAR in-house staff.
Firm Stability
BEAR’s financial health is strong. BEAR has completed the 2021 year with a gross of over $40M with over 110 employees. A copy of a letter from our bank stating our current line of credit and a copy of our recent audited financial statement (2020) is enclosed and can be found in the Appendix.
Experience & Technical Competence
(i) The Proposer shall provide a description of how the Proposer’s experience, technical, and professional skills will meet the goals and fulfill the general functions identified in this RFP.
Our Experience & Capabilities
BEAR was created with the sole purpose of providing traffic signal and streetlight maintenance services to the public sector. In all we do, we take a holistic, systematic approach, not simply following past standards or industry norms, but focusing on working collaboratively with our customers and understanding their specific needs. Since its inception in 2013, we have continually grown and expanded our scope to meet the demands of the industry we operate in.
Below is a list of our core services:
• Traffic Signal and Streetlight Preventative Maintenance and Response We currently provide routine maintenance and response services to over 7,000 signalized intersections across 74 public agencies throughout California. This has allowed us to complete over 215,000 maintenance and response work orders in the past nine years. Locally, we service 1,340 signalized intersections across 19 agencies in the greater Orange County area ranging from eight locations to 150 locations. Maintaining such a broad client base allows us to leverage our experience on various signal platforms to provide expertise to our clients.
• Low voltage communications infrastructure
As we look to the future of traffic, we understand that the need for fast and reliable communication is ever growing. To continuously improve our business, we have invested in expanding our low voltage capabilities in recent years. We currently operate a low voltage division consisting of fiber optic technicians, sound and communication technicians, and CCT and CCNA network
technicians, who all support the maintenance services we provide to our clients. Such expansion allows us to complete both small and large scopes in-house without subcontractors. This affords us the ability to respond quickly to time-sensitive issues, control our schedule to meet project deadlines, and reduce costs to our clients.
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Notable Projects:
o City of Fremont – We are replacing over eight (8) miles of copper interconnect cable with fiber optic trunk line and performing over 1000 fusion splices o City of San Jose – We are the San Jose On-Call Fiber contractor managing and maintaining over 90 miles of fiber optic infrastructure.
• Underground Service Alert (USA)/ DigAlert
Our company has trained and experienced technicians providing a complete turnkey USA/Digalert program.
Work scope includes filtering all in-bound tickets, coordination with the requestees, and performing fieldmark-outs.
Notable Mention:
o City of Carlsbad – The City was initially not part of the Dig alert program. Mid-contract, the City asked BEAR to help develop the City’s Dig alert program to mark out the City’s traffic signal and signal interconnect infrastructure. BEAR developed a turnkey system where all in-bound Dig alerts were organized, reviewed, and escalated for field-mark-outs. A minimum of 600 tickets were reviewed monthly.
• Extraordinary Work – Ad-Hoc Electrical Work
At Bear Electrical Solutions, we’re obsessed with helping our customers solve problems. We understand that not all projects fit into the typical process of design-bid-build. Some projects require outside-of-thebox thinking, and value engineering services to tackle complex scopes on a limited budget and schedule. In line with our core principle of continuous improvement, we have recently made organizational shifts and added resources to improve our ad-hoc electrical work capabilities. With our key management team consisting of an in-house traffic engineer, Industry veterans, and a proven leader in the transportation maintenance sector, we can leverage resources statewide to help our clients accomplish unique and complex projects on time and on budget.
Notable Projects:
o City of San Francisco – We are completing the City’s first-ever traffic signal infrastructure assessment project. BEAR developed an infrastructure grading system for each integral part of a signalized intersection, such as the subterranean foundations, conduits, framework, cabinet, controller, poles, etc. Once the field data has been assessed and graded, BEAR will provide a maintenance program recommendation to the City’s Traffic Signal Department with project cost estimates and priority guidance.
o San Jose State University – The University needed to relocate an existing structure from one part of the campus. To do so, the structure required to travel a 1.1 miles path through the City’s downtown area. The University’s Project Manager was under a tight deadline and did not start the encroachment permit process with San Jose until three weeks before the deadline. BEAR assisted the Project Manager with the encroachment permit process by completing the traffic control plans and outlining logistics. The City permit outlined that all 44 streetlights and (3) traffic signalized intersections that conflicted with the travel path needed to be removed and restored in 10 hours. BEAR was responsible for all the traffic control and electrical work associated with the move.
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• Construction & Underground
As we grew our core business of traffic signal and streetlight maintenance and response, a need for transportation construction services continually arose. To support our existing maintenance clients, we created a construction division in 2015. Since 2015 we have grown our construction division to annual revenue of $25 million. Such expansion allows us to support our maintenance division with in-house construction services as needs may arise. We can provide in-house turn-key construction services from foundation replacements to complex signal modifications. This allows us to respond quickly to time-sensitive issues, control our schedule to meet project deadlines, and reduce costs to our clients.
Notable Projects:
o Orange County – Orange County requested BEAR to modify an existing traffic signal (Newland & Hazard). The County only had 90% of the design plans completed. BEAR was able to work collaboratively with the County, City of Westminster, and Southern California Edison to complete the design and build the new signal.
• Public Private Partnership
We understand that as the IoT, vehicle connectivity, and vision zero initiatives continue to grow, so has the desire for private companies to connect to the pre-existing agency-owned infrastructure. To continually expand our knowledge and understanding of emerging technologies, we have had the opportunity to partner with various companies to deploy technology such as:
o DSRC Radios;
o V2V and V2X projects;
o Both hardware and cloud-based
TSP and EVP projects;
o 5G Small Cell utility construction;
o Connected smart streetlighting
systems;
o Public Wi-Fi projects;
o EV charging stations.
• General City Support
At Bear Electrical Solutions, we are passionate about driving a higher industry standard to benefit the communities we serve. We understand that the traffic signal and street lighting industry can be a complex niche market within the broader electrical industry. With our foundation rooted in the transportation industry, and our extension of City staff spirit, we love the opportunity to share our knowledge and lessons learned through experience. For example, a few of our customer’s inspection and engineering teams we’re not familiar with traffic signals and electrical concepts related to the transportation sector. To drive a higher industry standard, we have provided workshops and training seminars and even participated in the City employee hiring process.
Notable Mentions:
o City of Fremont – We provided a two-day training
and work seminar on traffic signal & streetlight
maintenance, construction, and design for the City’s
engineering and construction inspection staff.
o City of Cupertino/Maintenance Superintendent
Association (MSA) – We provided a one-day traffic
signal seminar to teach maintenance technicians.
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Industry Qualifications
Our company carries all the necessary licenses, credentials, and certifications to ensure we deliver qualified, experienced resources with a constant focus on safety. BEAR meets and exceeds all the licensing requirements outlined in this RFP.
BEAR’s California contractors license is in clear, active status (#982079) and is comprised of all the necessary classifications to perform this work scope:
• Class A – General Engineering
• Class C-10 – Electrical
• Class C-31 – Work Zone Traffic Control
• Class D-31 – Pole Installation and Maintenance
Other pertinent certifications and affiliations that our company has are:
• Signatory to the International Brotherhood of Electrical Workers (IBEW), Laborers, and Operators
Union(s);
• Department of Industrial Relations (DIR)
Certified & Registered (#100 0002158);
• Southern California Edison approved electrical
contractor;
• United Contractors Association Member
(UCONN);
• Maintenance Superintendent Association (MSA)
Sponsor;
• Orange County Traffic Engineers Council (OCTEC)
Member;
• Institute of Traffic Engineer (ITE) Member;
• International Municipal Signal Association – various
certifications (employee certifications);
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
Our key staff all have at least 10 years of experience in the traffic signal maintenance service business. All field electricians are IMSA Level II certified or greater.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years of experience in providing the required scope of Services for public clients.
BEAR has been in the traffic signal maintenance business since the company has been established in January 2013 – Nine (9) years.
(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.
Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.
1. City of Placentia Traffic Signal Maintenance – Citywide Signal Maintenance and 24/7 Emergency Response Kyra Tao, PE, PTP, Transportation Manager
401 E. Chapman Avenue, Placentia, CA 92870
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[email protected] (717) 993-8121
2. City of Covina Traffic Signal Maintenance – Citywide Signal Maintenance and 24/7 Emergency Response Rafael Fajardo, City Engineer
125 E. College Street, Covina, CA 91723
[email protected] (626)384-5489
3. City of Glendora Traffic Signal Maintenance – Citywide Signal Maintenance and 24/7 Emergency Response Abel Paguio, Civil Engineering Assistant
116 E. Foothill Boulevard, Glendora, CA 91741
[email protected] (626)852-4828
4. City of Tustin Traffic Signal Maintenance – Citywide Signal Maintenance and 24/7 Emergency Response Krys Saldivar, Public Works Manager
300 Centennial Way, Tustin, CA 92780
[email protected] (714)573-3172
5. County of Orange - Traffic Signal Maintenance – County-wide Signal Maint. and 24/7 Emergency Response Dan Richards, Maintenance Superintendent
300 N. Flower Street, Santa Ana, CA 92703
[email protected] (714) 245-4580
(v) Describe the Proposer’s local experience and knowledge of the City.
BEAR has performed previous traffic signal knockdown repairs for the City of San Bernardino. Previous work has performed in 2018-2019.
1. Baseline at Crestview, San Bernardino – Signal Pole and Foundation Replacement
2. Baseline at Medical Center, San Bernardino – Signal Pole and Foundation Replacement
3. Hallmark Pkwy at Walmart Drive, San Bernardino – Signal Pole and Foundation Replacement Project Specific Experience
(vi) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
Project #1 - City of Tustin Traffic Signal Maintenance and Emergency Repair (a) Role of the firm – Electrical Contractor
(b) The dollar value of the services - $1.6M
(c) The dollar value of the fee – $1.6M
(d) Description of services – Preventative Maintenance Routine for Traffic Signals, 24/7/365 Emergency Response and Repair Services for Traffic Signal and Streetlights Citywide (e) Staffing – In-House – Electrician and Traffic Engineer (f) Duration of providing services – Five Years (2017)
(g) Relationship to client – City-Contractor
(h) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.
Krys Saldivar, Public Works Manager – City of Tustin
300 Centennial Way, Tustin, CA 92780
[email protected] (714)573-3172 (no fax)
Project #2 - County of Orange Traffic Signal Maintenance and Emergency Repair (i) Role of the firm – Electrical Contractor
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(j) The dollar value of the services - $975K
(k) The dollar value of the fee – $975K
(l) Description of services – Preventative Maintenance Routine for Traffic Signals, 24/7/365 Emergency Response and Repair Services for Traffic Signal and Streetlights County-wide (m) Staffing – In-House – Electrician and Traffic Engineer (n) Duration of providing services – Three Years (2019) (o) Relationship to client – County-Contractor
(p) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.
Dan Richards, Maintenance Superintendent
300 N. Flower Street, Santa Ana, CA 92703
[email protected] (714) 245-4580 (no fax)
Project #3 - City of Covina Traffic Signal Maintenance and Emergency Repair (q) Role of the firm – Electrical Contractor
(r) The dollar value of the services - $600K
(s) The dollar value of the fee – $600K
(t) Description of services – Preventative Maintenance Routine for Traffic Signals, 24/7/365 Emergency Response and Repair Services for Traffic Signal and Streetlights Citywide (u) Staffing – In-House – Electrician and Traffic Engineer (v) Duration of providing services – Five Years (2017)
(w) Relationship to client – City-Contractor
(x) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.
Rafael Fajardo, City Engineer
125 E. College Street, Covina, CA 91723
[email protected] (626)384-5489 (no fax)
(vii) If any of the following has occurred, please describe it in detail:
(a) Failure to enter into a contract or professional services agreement once selected. (b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal, or local agency. (e) Involvement in litigation, arbitration, or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance.
Knowing concealment of any deficiency in the performance of a prior contract. (f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. (g) Willful disregard for applicable rules, laws, or regulations.
For items (a) through (g) – BEAR and its principal owners have not experienced any pending or current claims, or defaults whatsoever. BEAR and its principal owners have a clean and positive record.
Technical Competence
(viii) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.)
BEAR will provide an online, cloud-based portal for the City that will provide real-time work order and asset information management for the City. Each electrician is equipped with a laptop and/or IPAD as well as a cellular phone with video, photo, and text capabilities - each electrician will communicate and document all Packet Pg. 1141
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activities relating to the initial response and follow-up repair. The City can view all work order information in real-time as the electrician completes the work.
(ix) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.
BEAR employs electricians (IMSA Certified & high voltage specialists), laborers, heavy machine operators (Operating Engineers), fiber optic and low voltage technicians, and DigAlert specialists. Our staff make up allows us to service all aspects of traffic signal work from new construction to maintenance to ad-hoc electrical work.
Proposed Method to Accomplish the Work
BEAR was created with the sole purpose of providing traffic signal maintenance services to the public sector. In all we do, we take a holistic, systematic approach, not simply following past standards or industry norms, but focusing on working collaboratively with our customers and understanding their specific needs. Since the company’s start in 2013, we have continually grown and expanded our scope to meet the demands of the industry we operate in.
Project Approach
Our approach to this project consists of a four (4) part work approach for every task and activity assigned to BEAR.
1. Understand the needs of our customer
2. Assign proper company resources
3. Customize and implement our work order system, and
4. Provide feedback and continuous improvement.
We view this project as a large contract with sub-projects integrated into it. We follow this work approach for each of the activities, tasks, and projects that is part of a traffic signal maintenance project.
No. 1 - Understand Needs
A measure of our success depends a lot on how we meet and understand our customer’s expectations.
Based on our review of the RFP and background knowledge of the City, we understand the City needs the following:
• An On-Call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure.
• During on-call or emergency requests, BEAR will furnish all labor, materials, and equipment. BEAR will perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). #1 Understand
Needs
#2
Assign Proper
Resources
#3
Customize &
Implement
Work Order
System
#4
Feedback &
Continuous
Improvement
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It is understood that the City may opt to furnish materials to expedite the repair of a signalized intersection and return it to operational status.
• Personnel resources and administrative compliance will be met throughout the project's entire life. o Staffing – BEAR Electrical is committed to providing the proper personnel for the respective task. No shortcuts will be taken as each person will be appropriately licensed, certified, and experienced for all individual jobs in the RFP.
o Resources and Equipment – BEAR is committed to maintaining the correct number of parts, materials, and equipment commensurate to the needs of the City.
o Spare Equipment – BEAR shall maintain adequate storage and shop facilities and a sufficient stock of thoroughly testing controllers, spare parts, and other equipment for the City to ensure a quick, safe response. o Salvaged/Non-Salvaged Equipment or Material – BEAR, shall either hold in its storage facility or deliver to a location designated by the City any salvageable equipment or material as directed by the City. Similarly, BEAR shall properly dispose of any equipment or material declared non-salvageable at City’s direction. As much as possible, salvaged equipment will be utilized if it is in good condition. • Consultation. In the spirit of “extension of City staff,” BEAR’s in-house electricians and traffic engineers will be available for advice and consulting throughout the contract period. Most consultations will be pro-bono unless a formal request requiring extraordinary time and costs is needed, at which time a proposal for authorization will be developed for City’s approval.
No. 2 – Assign Proper Resources
Once we have identified and understood the needs of our customers, our next step is to assign the proper company resources. We believe that matching the right people to the correct work assignments, providing smart processes and systems, and having the appropriate equipment and tools allow us to meet project expectations.
We empower our team members, from Project Managers to Field Foreman and Field Staff, to take complete ownership of the task and the customer. We are diligent about recognizing each team member's roles and responsibilities for each project.
For this project, we will assign several team members to perform certain tasks. We will assign a dedicated project manager to manage and coordinate project expectations, several electricians to perform routine inspections and response calls, a laboratory manager to perform annual conflict monitor and ad-hoc testing, and a USA specialist to perform field mark outs.
No.3 – Customize & Implement Work Order System
Project communication, organization, and transparency are paramount to the success of this project. With this in mind, BEAR has placed a strong focus on leveraging technology and utilizing an online CRM to enable both the field & office teams to communicate in real-time with our customers. We use an industry standard CRM built on the Salesforce platform that we continually optimize for our business. Since it is an industry-standard CRM it is user-friendly and customizable to meet current and future needs.
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 15 | Page
We will provide the City with an online CRM portal called our STAR (Service Tracking and Reporting) system. Our system allows users to view and report the status of field work orders and place new cases for review.
Each fieldwork item will be assigned its work order which will be tracked and managed by our dispatch and field teams.
The work order system is designed to provide an easy way of reviewing work orders and provide the ability to perform data analysis.
No. 4 – Continual Communication & Feedback
The last part of our work approach is communicating and seeking feedback from the City. From performing our routine inspections to responding to knockdowns, each task and activity is closed out by sharing back to the City and seeking feedback from the City. Communication is key to the success of this project.
Methodology for Extraordinary Work, Emergency Response, and the USA, if required.
Each type of work order (extraordinary work, emergency response, USA) will be entered into our system with the date, time, and authorized caller. Our dispatcher will ensure that each work order is assigned to the proper field staff and that service level agreements are met.
At the end of each month, an invoice report detailing each extraordinary work order performed and completed for that month will be provided to the City for review and payment.
Bidders must acknowledge all requirements of previous sections (Traffic Signal Repair and/or Replacement, Parts, Material Quality, and Workmanship, Repair or Replacement Services Records, and Response and Service), including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city BIDDER’S RESPONSE:
BEAR acknowledges all of the requirements mentioned in Exhibit A of the RFP. In addition to the requirements, BEAR would like to include the following services as part of this project:
- Value Engineering analysis performed by BEAR in-house traffic engineer for knockdown or damage situations - In-House Traffic Engineer capabilities by BEAR company owner Robert Asuncion – possible scopes performed by similar projects such as this is Expert Witness Testimony, Yellow and Safety Timing Analysis, and Certification - BEAR can commit to a 2HOUR response time.
- BEAR will provide an online CRM portal at no additional cost to the City.
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 16 | Page
Fee Proposal
UNIT COST COMPENSATION SHEET
Type of Equipment or Material Unit Cost (Each)
Furnish and install new Controller Cabinet (TS – 2 Type 1 “P”) 33,000.00 Furnish and install new signal controller 6,700.00
Furnish and replace/install American Disability Act (ADA) complaint PPB 375.00 Furnish and install ADA compliant Pedestrian Pushbutton (PPB) post (no foundation replacement)
590.00
Furnish and install ADA compliant PPB post (with foundation replacement)
1,680.00
Furnish and install Audible PPB (Polara) 5,105.00 (includes 1 CCU and 1 Button)
Furnish and Install 12’ Green pedestrian light pole (no foundation replacement)
6,500.00
Furnish and Install 12’ Green pedestrian light pole (with foundation replacement)
9,000.00
Furnish and Install 30’ Green pedestrian light pole (no foundation replacement)
8,000.00
Furnish and Install 30’ Green pedestrian light pole (with foundation replacement)
11,000.00
Type 1-A – 10’ (no foundation replacement) 3,250.00
Type 1-A - 10’ (with foundation replacement) 6,000.00
Type 1-B – 10’ (no foundation replacement) 2,750.00
Type 1-B - 10’ (with foundation replacement) 5,200.00
Type 1-D – 10’ (no foundation replacement) 3,500.00
Type 1-D -10’ (with foundation replacement) 6,000.00
Furnish and Install Type 18-4-100 with foundation 23,500.00 Packet Pg. 1145
City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 17 | Page
Furnish and Install Type 19-4-100 with foundation 25,650.00 Install Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation
13,000.00
Install Type 15 pole with new 8’luminaire mast arm with LED light 9,500.00 Remove existing type 15 Pole 840.00
Pull box # 3.5 640.00
Pull box # 5 650.00
Pull box # 6 665.00
Pull box lid for # 3.5 115.00
Pull box lid for #5 125.00
Pull box lid for #6 135.00
12” LED signal (Green – Ball) 110.00
12” LED signal (Yellow – Ball) 110.00
12” LED signal (Red – Ball) 110.00
12” LED signal (Green – Arrow) 110.00
12” LED signal (Yellow – Arrow) 110.00
12” LED signal (Red – Arrow) 110.00
8” LED signal (Yellow – Ball) 105.00
8” LED signal (Red – Ball) 105.00
8” LED signal (Green – Arrow) 105.00
8” LED signal (Yellow – Arrow) 105.00
8” LED signal (Red – Arrow) 105.00
LED pedestrian signal– 235.00
LED countdown pedestrian signal 295.00
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 18 | Page
Audible signal Remove per Q&A
Type “C” pedestrian signal housing 295.00
12” full circle visor 98.00
8” full circle visor 90.00
3 section 8” back plate (louvered) 135.00
3 section 12” back plate 145.00
3 section signal head complete assembly installation 775.00 4 section signal head complete assembly installation 900.00 5 section signal head complete assembly installation 1,250.00 Remove and secure a knockdown traffic signal pole 1,120.00 Trench rigid PVC conduit (1.5” to 3”) 6,000.00 (PER 100FT) Bore rigid PVC conduit (1.5” to 3”) 20,000.00 (PER 100FT) Trench rigid steel conduit (1.5” to 3”) 9,500.00 (PER 100FT) Bore rigid steel conduit (1.5” to 3”) 24,500.00 (PER 100FT) City furnished Battery Backup system in an existing “P” cabinet 1,120.00 City furnished Battery Backup system in a stand-alone cabinet 1,120.00 City furnished Battery Backup system and foundation 7,000.00 City furnished LED signal (vehicle indication only) 70.00 City furnished LED signal (Pedestrian indication only) 70.00 Installation of Timing Plan in controller 280.00
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation
1,800.00
City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation
5,400.00
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 19 | Page
City furnished Pedestrian signal housing replacement (Type C) 600.00 Attach City furnished solar-powered radar sign to existing pole 1,800.00 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk
8,500.00
Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt
7,500.00
Install City furnished Rectangular Rapid Flashing Beacons (RRFB).
Furnish and install foundation with pole in dirt LS (complete system may be 2 or 3 RRFB)
38,000.00 (BASED ON 3
RRFBS)
Install City furnished RRFB. Furnish and install foundation with pole in LS sidewalk (complete system may be 2 or 3 RRFB)
42,000.00 (BASED ON 3
RRFBS IN SIDEWALK)
Install City furnished GPS Opticom with receiver 600.00 Installation of complete lighted crosswalks – wired (up to 8 lights for two-lane LS roadway)
Remove per Q&A
Installation of complete lighted crosswalks – solar wireless (up to 8 lights for two-lane roadway)
Remove per Q&A
Restore turned signal head 280.00
Restore turned pedestrian signal head 280.00
Restore loose back plate 140.00
Restore loose missing visor or replace 140.00
Installation of traffic sign on overhead mast arm 140.00 Reset signals on flash and reset the Malfunction Management Unit (MMU)280.00 Labor and Equipment Rates for Ad-Hoc Electrical
Labor Regular Time per hour Overtime per hour
Signal Maintenance
Superintendent
$ 145.0000 $ 225.0000
Signal Maintenance Technician $ 135.0000 $ 215.0000
Field Traffic Signalman $ 135.0000 $ 215.0000
Laborer $ 70.0000 $ 110.0000
Painter $ 70.0000 $ 110.0000
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 20 | Page
Engineering Technician $ 135.0000 $ 215.0000
Interconnect/Communications
Specialist
$ 135.0000 $ 215.0000
Equipment Per Hour
Pickup Truck $ 25.0000
Service Truck $ 25.0000
Boom Ladder Truck (Man Lift) $ 40.0000
Concrete Saw & Water Truck $ 25.0000
Compressor with Tools $ 15.0000
Crane $ 275.0000
Dump Truck $ 50.0000
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 21 | Page
Insurance
Bear meets all insurance requirements mentioned in Exhibit B “Sample City of San Bernardino Maintenance Services Agreement.” A copy of Bear’s current proof of insurance is as follows:
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 22 | Page
Litigation
BEAR has a clear litigation history and has had no claims against BEAR relating to the provision of Services in the last five (5) years.
Other Information
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
With over 74 public sector customers and over 100 private sector customers – BEAR has maintained a ‘perfect’ record of delivering on our promises and contracts with no claims, liquidated damages, or litigations/terminations since the company was established. A list of customer references can be provided should the City want additional references.
b. Description of community involvement.
BEAR and its employees have participated in various industry and philanthropic events in the local area – - Masons for Mitts /Masons of California
- ITE (Institute of Traffic Engineers)
- United Contractors Association
c. Description of any previous involvement with the City.
BEAR’s previous involvement with the City is with (3) minor contract projects involving the restoration and repair of knockdowns. This work was performed during 2018-2019. d. A statement that the Proposer has no conflicts of interest in connection with providing the Services.
BEAR and its principals do NOT have conflicts of interest in connection with providing the Services to the City of San Bernardino and its staff.
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 23 | Page
Certification of Proposal
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” ___________________________
Robert Asuncion, Vice President
BEAR ELECTRICAL SOLUTIONS, INC.
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City of San Bernardino
RFP F-22-72 – TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS) 24 | Page
Appendices – Required Supporting Documentation
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JUSTIN CATALDO
REGIONAL
MANAGER / SR.
ADVISOR
Justin has over 30
years’ experience
in the Traffic Signal
Construction and
Maintenance
industry. His
experience
includes managing a team of over 20 electricians
and staff members, earning a reputation of
delivering on his promises and being an effective
leader.
Regional Office Manager – Anaheim Office
Bear Electrical Solutions, Inc. (2016-present)
As regional manager, Justin is integral in the overall
performance of the office. He is responsible for
hiring and disciplinary actions of field staff. Justin
co-manages customer accounts and ensures
positive customer experience.
Project Manager
Computer Services Company (1995-2016) –
Baldwin Park, CA
• Traffic Signal Maintenance
• Estimating and Bidding
• Managed more than 30 agency accounts
• Started as a field technician and was
promoted within to Project Manager
Self Employed
Macomb Landscape Supply Co. (1982-1994) –
Mount Clemens, MI
• Design-Build pre-cast concrete for noise
barriers and retaining wall systems.
• Design-Build projects for top tier
customers in Detroit area.
Certifications
IMSA - Work Zone Safety
IMSA - Traffic Signals Field Electrician I/II
OSHA 30 Certified
Trench Shoring Certified
Notable Projects
Managed the installation of over 500 license
plate readers cameras in Southern California
region.
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RALPH MURILLO
REGIONAL PROJECT
MANAGER / FIELD
SUPERINTENDENT
Ralph started his
career in the traffic
signal maintenance
industry in 2003 after
working several
service-based jobs.
Leveraging his
managerial experience, Ralph progressed through
his traffic signal maintenance career from laborer
to traffic control person to electrician to project
manager. Ralph’s expertise is ITS projects
including fiber optic and wireless communication.
Project Manager/Field Superintendent –
Anaheim Office
Bear Electrical Solutions, Inc. (2016-present)
Responsible for the positive customer experience
when managing maintenance customer accounts.
Oversees schedule and ensures it meets
customers’ expectations. Manages 11 field
electricians.
Traffic Electrician
Computer Services Company (1995-2016) –
Baldwin Park, CA
• Traffic Signal Maintenance
• Foreman duties, Train new employees
• Repair and troubleshoot traffic signal and
communication equipment.
• 24/7/365 On-Call duty response
Certifications
IMSA - Work Zone Safety
IMSA - Traffic Signals Field Electrician I/II/III
IMSA Fiber Optic Technician
OSHA 30 Certified
Notable Projects
Leads a regional office team responsible for
the maintenance and service of
approximately 1,000 signals and 5,000
streetlights.
License
General Electrician#141087
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Bear Electrical Solutions, Inc.
Financial Statements
and Supplementary Information
for the year ended December 31, 2021
CONFIDENTIAL
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Bear Electrical Solutions, Inc.
Financial Statements and Supplementary Information
Table of Contents
Page
Independent Accountant's Review Report 2
Financial Statements
Balance Sheet 4
Statement of Income and Retained Earnings 6
Statement of Cash Flows 7
Notes to the Financial Statements 9
Supplemental Information
Schedule 1 - Schedule of Earnings from Construction Contracts 24 Schedule 2 - Schedule of Contracts Completed 25
Schedule 3 - Schedule of Contracts in Progress 26
Schedule 4 - Schedule of General and Administrative Expenses and Other Income (Expense) 27
CONFIDENTIAL
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2 3000 Citrus Circle, Suite 101
Walnut Creek, CA
Phone: (925) 357‐8279
Fax: (925) 522‐5772
Independent Accountant’s Review Report
To the Board of Directors
Bear Electrical Solutions, Inc.
Alviso, CA
We have reviewed the accompanying financial statements of Bear Electrical Solutions, Inc. (an S corporation), which comprise the balance sheet as of December 31, 2021, and the related statements of income and retained earnings and cash flows for the year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management’s financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole.
Accordingly, we do not express such an opinion.
Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error.
Accountant’s Responsibility
Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion.
Accountant’s Conclusion
Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America.
CONFIDENTIAL
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3 To the Board of Directors
Bear Electrical Solutions, Inc.
Alviso, CA
Supplementary Information
The supplementary information included in Schedules 1, 2, 3 and 4 is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from, and relates directly to, the underlying accounting and other records used to prepare the financial statements. The supplementary information has been subjected to the review procedures applied in our review of the basic financial statements. We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary information and do not express an opinion on such information.
Vertice Accounting Solutions, Inc.
Walnut Creek, CA
June 10, 2022
CONFIDENTIAL
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See independent accountant's review report and accompanying notes to financial statements 4 Bear Electrical Solutions, Inc.
Balance Sheet
December 31, 2021
Assets
Current Assets
Cash and cash equivalents $ 2,043,974
Contract receivables 11,470,289
Contract assets 3,719,005
Inventory 1,155,272
Prepaid expenses and deposits 44,102
Total Current Assets 18,432,642
Property and equipment, net 2,575,549
Total Assets $ 21,008,191
CONFIDENTIAL
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See independent accountant's review report and accompanying notes to financial statements 5 Liabilities and Stockholders' Equity
Current Liabilities
Accounts payable $ 6,867,140
Contract liabilities 127,733
Line of credit 1,000,000
Accrued expenses 412,297
Income taxes payable 13,259
Current maturities of long-term debt 572,139
Current maturities of capital lease obligations 260,198 Total Current Liabilities 9,252,766
Long-Term Liabilities
Long-term debt, net of current maturities 1,108,743
Capital lease obligations, net of current maturities 623,582 Total Long-Term Liabilities 1,732,325
Total Liabilities 10,985,091
Stockholders' Equity
Common stock, no par value, 500,000 shares authorized,
160,000 shares issued and outstanding 5,000
Additional paid-in capital 410,000
Retained earnings 9,609,100
Less: Treasury stock, 40,000 shares (1,000)
Total Stockholders' Equity 10,023,100
Total Liabilities and Stockholders' Equity $ 21,008,191 Bear Electrical Solutions, Inc.
Balance Sheet
December 31, 2021
CONFIDENTIAL
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See independent accountant's review report and accompanying notes to financial statements 6 Bear Electrical Solutions, Inc.
Statement of Income and Retained Earnings
for the Year Ended December 31, 2021
Contract revenue $ 41,648,861
Contract costs:
Labor and labor burden $ 16,809,289
Materials 13,486,181
Subcontractors 2,156,695
Equipment and other costs 947,854
Total contract costs 33,400,019
Gross profit from contracting 8,248,842
General and administrative expenses 4,783,334
Income from operations 3,465,508
Other income - net 1,055,589
Income before income taxes 4,521,097
Income tax expense 17,864
Net income 4,503,233
Retained earnings, beginning of year 7,325,053
Stockholder distributions (2,219,186)
Retained earnings, end of year $ 9,609,100
CONFIDENTIAL
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See independent accountant's review report and accompanying notes to financial statements 7 Bear Electrical Solutions, Inc.
Statement of Cash Flows
for the Year Ended December 31, 2021
Cash Flows From Operating Activities
Cash received from customers $ 37,970,962
Cash paid to subcontractors, suppliers, employees and affiliates (35,759,265) Interest paid (165,956)
Interest received 186
Miscellaneous income 6,064
Income taxes paid (35,000)
Net cash provided by operating activities 2,016,991
Cash Flows From Investing Activities
Cash paid for equipment (180,769)
Proceeds from sale of equipment 17,990
Net cash used in investing activities (162,779)
Cash Flows From Financing Activities
Borrowings under line of credit 750,000
Proceeds from SBA Paycheck Protection Program loan 772,737 Principle payments on long-term debt (737,987)
Distributions to stockholders (2,219,186)
Net cash used in financing activities (1,434,436)
Net increase in cash 419,776
Cash, beginning of year 1,624,198
Cash, end of year $ 2,043,974
CONFIDENTIAL
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See independent accountant's review report and accompanying notes to financial statements 8 Bear Electrical Solutions, Inc.
Statement of Cash Flows
for the Year Ended December 31, 2021
Cash Flows From Operating Activities
Net income $ 4,503,233
Adjustments to reconcile net income to net
cash provided by operating activities:
Depreciation and amortization 877,665
Gain on sale of equipment (17,558)
Forgiveness of PPP Loans (1,197,737)
Changes in operating assets and liabilities:
Contract receivables (241,176)
Contract assets (2,880,264)
Inventory (423,372)
Prepaid expenses and deposits (32,718)
Trade accounts payable 1,835,607
Accrued expenses 166,906
Contract liabilities (556,459)
Income taxes payable (17,136)
Net cash provided by operating activities $ 2,016,991
Schedule of Noncash Investing and Financing Activities
Acquisition of equipment $ 948,459
Less amount financed (767,690)
Cash paid for equipment $ 180,769
CONFIDENTIAL
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
9 Note 1 Nature of Operations and Significant Accounting Policies The following items comprise the operating activities and significant accounting policies of Bear Electrical Solutions, Inc. (the “Company”). The policies reflect industry practices and conform to accounting principles generally accepted in the United States of America.
Nature of Operations
Bear Electrical Solutions, Inc. (the “Company”) was incorporated on January 24, 2013 and operates as an electrical contractor in California. The Company’s contracts are performed under fixed price and time and material contracts. The Company specializes in commercial, industrial, and transportation projects performing both construction and maintenance service contracts. These contracts may vary in completion time up to twenty-four months duration.
Significant Accounting Policies
Use of Estimates
The preparation of the financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates.
Management periodically evaluates estimates used in the preparation of the financial statements for continued reasonableness. Appropriate adjustments, if any, to the estimates used are made prospectively based upon such periodic evaluation. It is reasonably possible that changes may occur in the near term that would affect management’s estimates with respect to the percentage of completion method, allowance for doubtful accounts and accrued expenses.
Balance Sheet Classifications
The Company includes in current assets and liabilities retentions receivable and payable under construction contracts that may extend beyond one year. A one-year time period is used as classifying all other current assets and liabilities.
Cash and Cash Equivalents
The Company considers all highly liquid instruments purchased with a maturity of three months or less to be cash equivalents.
CONFIDENTIAL
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
10 Note 1 Nature of Operations and Significant Accounting Policies, Continued Contract Receivables
Contract receivables include billed and unbilled amounts for services provided to customers for which the Company has an unconditional right to payment. Billed and unbilled amounts for which payment is contingent on anything other than the passage of time are included in contract assets and contract liabilities on a contract-by-contract basis.
When payment of the retainage is contingent upon the Company fulfilling its obligations under the contract it does not meet the criteria to be included in contract receivables and remains in the contract’s respective contract asset or contract liability, determined on a contract-by-contract basis. Retainage for which the Company has an unconditional right to payment that is only subject to the passage of time are included in contract receivables.
Contract receivables are based on management’s evaluation of outstanding receivables at year end. Allowance for doubtful accounts, if any, is provided based on the review of outstanding receivables, historical experience and economic conditions. Uncollectible accounts are expensed in the period such amounts are determined. Management's evaluation resulted in no allowance for doubtful accounts as of December 31, 2021.
Inventory
Inventory consists of materials and supplies not assigned to jobs and is stated at the lower of cost or market (determined on the first-in, first-out method).
Revenue Recognition
Performance Obligations and Revenue and Cost Recognition Method For contracts that are within the scope of FASB ASC 606, Revenue from Contracts with Customers, (“ASC 606”) the Company performs the following five steps: (1) identify the contract(s) with a customer; (2) identify the performance obligations in the contract; (3) determine the transaction price; (4) allocate the transaction price to the performance obligations in the contract; and (5) recognize revenue when (or as) the entity satisfies a performance obligation.
A performance obligation is a promise in a contract to transfer a distinct good or service to the customer and is the unit of account in ASC 606. To determine the proper revenue recognition method for contracts, the Company evaluates whether two or more contracts should be combined and accounted for as one performance obligation and whether the combined or single contract should be accounted for as more than one performance obligation. This evaluation requires significant judgment and the decision to combine a group of contracts or separate the combined or single contract into multiple performance obligations could change the amount of revenue and profit recorded in a given period.
CONFIDENTIAL
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
11 Note 1 Nature of Operations and Significant Accounting Policies, Continued Performance Obligations and Revenue and Cost Recognition Method, Continued The majority of the Company’s contracts have a single performance obligation, as the promise to transfer the individual goods or services is not separately identifiable from other promises in the contract and, therefore, is not distinct. However, occasionally the Company has contracts with multiple performance obligations.
For contracts with multiple performance obligations, the Company allocates the contract’s transaction price to each performance obligation using the observable standalone selling price, if available, or alternatively the best estimate of the stand-alone selling price of each distinct performance obligation in the contract. The primary method used to estimate stand-alone selling price is the expected cost plus a margin approach for each performance obligation.
A substantial portion of the Company’s revenue is derived from contracts that are fixedprice and is recognized over time as work is completed because of the continuous transfer of control to the customer (typically using an input measure such as costs incurred to date relative to total estimated costs at completion to measure progress). For time and material, revenue is recognized when services are performed and contractually billable based upon the hours incurred and agreed-upon hourly rates.
Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, and repairs. Costs of inefficiencies or wasted resources (material or labor) are excluded when measuring progress and are expensed as incurred. Selling, general, and administrative costs are charged to expense as incurred.
The Company, generally, does not incur significant incremental costs related to obtaining or fulfilling a contract prior to the start of a project. On rare occasions, when significant pre-contract costs are incurred, they are capitalized and amortized on a percentage of completion basis over the life of the contract. The Company does not currently have any capitalized obtaining or fulfillment costs in the accompanying balance sheet and did not incur any impairment loss on such costs in the current year.
The Company’s contracts may include retention provisions to provide assurance to customers that the Company will perform in accordance with the contract terms. The retention provisions are not considered a significant financing component. The balances billed but not paid by customers pursuant to these provisions generally become due upon completion and acceptance of the project by the customer. The Company has determined that there are no significant financing components included in construction contracts as of December 31, 2021.
CONFIDENTIAL
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
12 Note 1 Nature of Operations and Significant Accounting Policies, Continued Contract Estimates including Claims, Unapproved Change Orders and Variable Consideration
Changes in estimated job profitability resulting from variable consideration (such as incentives for completing a contract early or on time, penalties for not completing a contract on time, claims for which the Company has enforceable rights, or contract modifications/change orders in which the scope of modification has been approved, but the price has not been determined or approved) are accounted for as changes in estimates in the current period, but limited to an amount that will not result in a significant reversal of revenue in future periods.
Revisions to project costs and conditions can give rise to change orders under which the customer agrees to pay additional contract price. Revisions can also result in claims the Company might make against the customer to recover project variances that have not been satisfactorily addressed through change orders with the customer. Except in certain circumstances, the Company does not recognize revenue or margin based on change orders or claims until they have been agreed upon with the customer.
Revisions in estimated contract profits are made in the year in which circumstances requiring the revision become known. When such revisions lead to a conclusion that a loss will be recognized on a contract, the full amount of the estimated ultimate loss is recognized in the period such conclusion is reached, regardless of the percentage of completion of the contract.
Contract Assets and Contract Liabilities
The timing of when the Company bills their customers on long-term construction contracts is generally dependent upon agreed-upon contractual terms, which may include milestone billings based on the completion of certain phases of the work, or when services are provided. When as a result of contingencies, billings cannot occur until after the related revenue has been recognized, the result is in unbilled revenue, which is included in contract assets. Additionally, the Company may receive advances or deposits from customers before revenue is recognized, resulting in deferred revenue, which is included in contract liabilities.
As indicated above, retainage for which the Company has an unconditional right to payment, that is only subject to the passage of time, are classified as contract receivables.
Retainage subject to conditions other than the passage of time do not meet the definition of a receivable and are therefore included in contract assets and contract liabilities, as determined on a contract by contract basis.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
13 Note 1 Nature of Operations and Significant Accounting Policies, Continued Contract Assets and Contract Liabilities, Continued
Contract assets represent revenues recognized in excess of amounts paid or payable (contract receivables) to the Company on uncompleted contracts. Contract liabilities represent the Company’s obligation to perform on uncompleted contracts with customers for which the Company has received payment or for which contract receivables are outstanding.
The following table provides information about contract assets and contract liabilities from contracts with customers as of December 31, 2021:
2021 2020
Revenue recognized in excess of amounts paid or
payable (contract receivables) to the Company on
uncompleted contracts (contract asset), excluding
retainage
$ 3,079,044 $ 802,020
Retainage included in contract assets due to being
conditional on something other than solely passage of
time
639,961
36,721
Total contract assets $ 3,719,005 $ 838,741
Payments received or receivable (contract receivables)
in excess of revenue recognized on uncompleted
contracts (contract liability), excluding retainage
$ 301,882 $ 738,465
Retainage included in contract liabilities due to being conditional on something other than solely passage of
time
(174,149)
(54,273)
Total contract liabilities $ 127,733 $ 684,192
Warranties
Contracts generally include assurance-type warranties that the Company’s performance is free from material defect and consistent with the specifications of the contracts, which do not give rise to a separate performance obligation. Historically, the Company has not experienced significant warranty costs.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
14 Note 1 Nature of Operations and Significant Accounting Policies, Continued Disaggregation of Revenue
The following table presents the Company’s revenues disaggregated by type of service of such revenue recognized during the year ended December 31, 2021:
Fixed-Price $ 24,083,283
Service Contracts 17,565,578
Total $ 41,648,861
Concentration of Credit Risk
The Company’s financial instruments include cash, contract receivables, other assets, accounts payable and other payables. The value of these financial instruments approximates fair value due to their short-term nature.
The Company maintains its cash in bank deposit accounts which, at times, may exceed federally insured limits. The Company has not experienced any losses in such accounts.
The Company believes it is not exposed to any significant credit risk on cash and cash equivalents.
The Company grants credit to its customers, substantially all of whom are public agencies located in Northern California. Management believes that its contract acceptance, billing, and collection policies are adequate to minimize potential credit risk.
Property and Equipment and Depreciation
Property and equipment, carried at cost, are depreciated over the estimated useful lives of the related asset. Costs of repairs and maintenance are charged to expense. Upon retirement or disposal of property and equipment, the costs and related depreciation are removed from the accounts, and gains or losses, if any, are reflected in earnings for financial and income tax reporting purposes. Depreciation is accounted for under the straight-line method for financial reporting and accelerated methods for income tax reporting. The estimated useful lives used for calculating depreciation for property and equipment are three to five years.
Income Taxes
The Company has elected to be taxed under the provisions of Subchapter S of the Internal Revenue Code and similar provisions in the state of California. Under these provisions, the Company does not pay federal corporate income taxes on its taxable income.
However, it does pay a California tax at a reduced rate of 1.5% of taxable income or a minimum franchise tax of $800.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
15 Note 1 Nature of Operations and Significant Accounting Policies, Continued Income Taxes, Continued
For income tax purposes, the Company reports income on the cash method of accounting.
The Company has determined the timing differences between financial statement and tax methods of reporting income and expenses have not created a significant deferred income tax benefit or expense.
Distributions to the stockholders, when made, are included in the statement of income and retained earnings and are generally not taxable to the stockholders.
If it is probable that an uncertain tax position will result in a material liability and the amount of the liability can be estimated, then the estimated liability is accrued. If the Company were to incur any income tax liability in the future, interest on any income tax liability would be reported as interest expense, and penalties on any income tax would be reported as a component of income tax expense. As of December 31, 2021, there were no uncertain tax positions.
Recent Accounting Pronouncements
In February 2016, the FASB issued ASU No. 2016-02, Leases (Topic 842), which requires a lessee to recognize a lease asset representing its right to use the underlying asset over the lease term, and a liability equal to the present value of lease payments over the lease term on its balance sheet for all operating leases greater than 12 months. The ASU is effective for annual periods for fiscal years beginning after December 15, 2021.
Management is in the process of assessing the impact of ASU 2016-02 on the financial statements and related footnotes and does not expect the ASU to have a material impact as a result of the adoption of this guidance.
Note 2 Contract Receivables
Contract receivables consisted of the following:
2021 2020
Completed contracts $ 6,601,824 $ 4,746,848
Contracts in progress 4,505,321 6,467,853
Retainage receivables on completed contracts 363,144 14,412 Total $ 11,470,289 $ 11,229,113
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
16 Note 3 Revenue Recognized and Costs Incurred on Uncompleted Contracts The following is a summary of contracts in progress at December 31, 2021:
2021 2020
Costs incurred on uncompleted contracts $ 13,541,376 $ 12,238,855 Estimated gross profit 3,040,164 3,582,020
Contract revenue earned to date 16,581,540 15,820,875
Billings to date (including conditional
retainage) (13,804,378)
(15,757,320)
Less conditional retainage 814,110 90,994
Billings to date (excluding conditional
retainage)
(12,990,268)
(15,666,326)
Contract assets and contract liabilities, net $ 3,591,272 $ 154,549 These amounts are included in the accompanying balance sheets under the following at December 31, 2021:
Costs and estimated earnings in excess of billings
on uncompleted contracts (contract assets) $ 3,079,044
Billings in excess of costs and estimated earnings
on uncompleted contracts (contract liablities) (301,882) $ 2,777,162
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
17 Note 4 Property and Equipment
Property and equipment consists of the following at December 31, 2021:
Tools and equipment $ 725,254
Autos and trucks 4,102,451
Office equipment 3,521
Software 5,500
Total 4,836,726
Less accumulated depreciation (2,261,177)
Property and equipment, net $ 2,575,549
Depreciation charged to contract costs and general and administrative expenses related to property and equipment amounted to $117,985 and $759,680, respectively, for the year ended December 31, 2021.
Note 5 Line of Credit
The Company maintains a revolving line of credit with a commercial bank which provides for borrowings of up to $2,000,000. The maximum that may be borrowed is equal to the lesser of $2,000,000 or amount equal to 75% of eligible accounts receivable.
Under the terms of the business loan agreement, interest is paid at the bank’s base rate (prime rate 3.250%) with a minimum rate of 3.60%. The line matures in August 2022.
The indebtedness is secured by inventory, equipment and other assets and is guaranteed by the stockholders of the Company. The line of credit contains covenants and restrictions including maintaining a current ratio in excess of 1.50 and tangible net worth of not less than $2,500,000. As of December 31, 2021, there was a balance due in the amount of $1,000,000.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
18 Note 6 Long-Term Debt
Long-term debt consists of the following at of December 31, 2021:
Notes payable to finance companies, monthly payments of $59,078, including interest, ranging from .99% to 9.22%.
The notes are secured by company vehicles and expire at various dates through November 2026. $ 1,680,882
Less current maturities (572,139)
$ 1,108,743
Aggregate maturities of all long-term financing arrangements are as follows:
Year Ending December 31:
2022 $ 572,139
2023 525,678
2024 317,350
2025 204,332
2026 61,383
$ 1,680,882
Interest expense on all long-term debt amounted to $165,956 for the year ended December 31, 2021.
SBA Paycheck Protection Program Loans
During 2020, the Company received an SBA Paycheck Protection Program loan in the amount of $425,000 from a financial institution. Amounts used in accordance with the Program guidelines may be forgiven by the government and are not considered to be taxable income. On June 9, 2021, the Company received approval in full, from the SBA, the amount of $425,000. The loan forgiveness is included in other income for the year ended December 31, 2021.
During 2021, the Company received a second draw SBA Paycheck Protection Program loan in the amount of $772,737 from a financial institution. As indicated above, amounts used in accordance with the Program guidelines may be forgiven by the government and are not considered to be taxable income. On June 9, 2021, the Company received approval in full, from the SBA, the amount of $772,737. The loan forgiveness is included in other income for the year ended December 31, 2021.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
19 Note 7 Capital Lease Obligations
The Company leases equipment under capital leases expiring in various years through November 2025. The assets and liabilities under capital leases are recorded at the lower of the present value of the minimum lease payments or the fair value of the assets. The assets are amortized over the lower of their related lease terms or their estimated productive lives. Amortization of assets under capital leases is included in depreciation expense for the year ended December 31, 2021.
Following is a summary of automobiles held under capital leases at December 31, 2021:
Autos $ 1,547,973
Less accumulated depreciation (916,547)
Property and equipment, net $ 631,426
Minimum future lease payments under capital leases as of December 31, 2021 are approximated as follows:
Year Ending December 31:
2022 $ 308,513
2023 297,656
2024 241,057
2025 154,195
Total minimum lease payments
1,001,421
Less amount representing interest
(117,641)
Present value of net minimum lease payments
883,780
Current maturities of capital lease obligations
(260,198)
Capital lease obligations, net of current maturities $ 623,582 Interest rates on capitalized leases range from 5.96% to 7.11% and are imputed based on the lower of the Company’s incremental borrowing rate at the inception of each lease or the lessor’s implicit rate of return.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
20 Note 8 Operating Lease Commitments
The Company leases office space for its Alviso, California office under a month to month operating lease for $18,254 per month. Lease payments charged to general and administrative expense under this lease amounted to $219,052 for the year ended December 31, 2021.
The Company leases office space for its Sacramento, California office under an operating lease which commenced on October 1, 2019. The lease calls for monthly payments of $2,250 with a 3.00% increase each year through September 30, 2022. In February 2021, the lease agreement was amended to expand the premises of the lease. Monthly rent increased $1,500 for the remainder of the lease. Lease payments charged to general and administrative expense under this lease amounted to $47,223 for the year ended December 31, 2021.
In March, 2016, the Company entered into a lease agreement for its Anaheim, California office. The lease commenced on April 1, 2016 and terminated on March 31, 2021. In January 2021, the lease was extended for a one-year period ending March 31, 2022. The extended lease required the payment of $4,178 plus common area maintenance per month. Lease payments, including common area maintenance costs, were charged to general and administrative expense under this lease and amounted to $53,762 for the year ended December 31, 2021.
In December 2021, the Company entered into a five-year lease agreement for its Anaheim, California office which commenced on April 1, 2022. The lease calls for monthly payments of $8,520 plus common area maintenance costs paid annually through September 30, 2022.
Minimum monthly lease payments for the above leases are as follows:
Year Ending December 31:
2022 $ 131,559
2023 102,240
2024 102,240
2025 102,240
2026 102,240
Thereafter 25,560
$ 566,079
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
21 Note 9 Treasury Stock
On March 31, 2014, the Company purchased 40,000 shares of its common stock from a minority stockholder for $1,000. The $1,000 has been reflected in the accompanying financial statements as a reduction of total stockholders’ equity.
Note 10 Retirement Plans
The Company sponsors a simplified employee pension plan (SEP) covering all non-union employees who have completed one year of service, have received at least $600 in compensation during the year and have attained age 20. Each year, participants may contribute an amount of eligible pretax annual compensation as defined in the plan agreement, not to exceed the maximum statutory amount. The Company may make discretionary contributions to the plan. Plan participants are immediately 100% vested in employer contributions. The Company’s discretionary SEP contributions to the plan were $47,000 for the year ended December 31, 2021.
The Company participates in various multiemployer defined benefit pension plans under the terms of collective bargaining agreements covering most of its union-represented employees. The risks of participation in these multiemployer plans are different than single-employer plans in the following aspects.
Assets contributed to the multi-employer plan by one employer may be used to provide benefits to employees of other participating employers.
If a participating employer stops contributing to the plan, the unfunded obligations of the plan may be borne by the remaining participating employers.
If the Company stops participating in some of its multiemployer pension plans, the Company may be required to pay those plans an amount based on the underfunded status of the plan, referred to as a withdrawal liability.
The Company's participation in multiemployer plans for the year ended December 31, 2021 is outlined in the table below. The “Pension Plan EIN/PN” column provides the Employer Identification Number and the three-digit plan number assigned to a plan by the Internal Revenue Service. The most recent Pension Protection Act Zone Status available for 2021 is for plan years that ended in fiscal years 2020 and 2021. The zone status is based on information that the Company received from the plans and is certified by the plans’ actuaries. Among other factors, plans in the red zone are generally less than 65% funded, plans in the yellow zone are less than 80% funded, and plans in the green zone are at least 80% funded. The “FIP/RP Status Pending/Implemented” column indicates plans for which a financial improvement plan (FIP) or a rehabilitation plan (RP) is either pending or has been implemented. The last column lists the expiration dates of the collective-bargaining agreements to which the plans are subject.
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
22 Note 10 Retirement Plans , Continued
The increase in covered employees corresponded to an increase in contract volume in 2021. Withdrawal in any of the plans is not probable and no surcharge is imposed on any plan.
The Company’s contributions did not represent more than 5% of total contributions to the plans as indicated in the most recently available Form 5500 for any of the plans to which the Company contributes.
FIP/RP Expiration
PPA Status Date of
Zone Status Pending/ Collective
Pension Plan as of Plan's Imple- 2021 Bargaining
Pension Trust Fund EIN/PN Year End mented Contributions Agreement 53-0181657 Green
National Electrical Benefit Fund 001 12/31/2020 N/A $ 626,148 Various Pension Trust Fund for 96-6090764 Yellow
Operating Engineers 001 12/31/2020 N/A 91,397 6/30/2023 Laborers Pension Trust Fund for 94-6277608 Green
Northern California 001 5/31/2021 Yes 402,503 6/30/2023 $ 1,120,048
Note 11 Contract Backlog
The Company has contract backlog as follows:
Balance, January 1, 2021 $ 19,026,063
Contract adjustments and new contracts awarded 47,620,239 Subtotal 66,646,302
Less contract revenue earned (41,648,861)
Balance, December 31, 2021 $ 24,997,441
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Bear Electrical Solutions, Inc.
Notes to the Financial Statements
December 31, 2021
23 Note 11 Contract Backlog, Continued
The Company entered into additional construction contracts of approximately $8,070,000 subsequent to December 31, 2021.
Note 12 Income Taxes
The income tax provision for the year consists of current state tax expense of $17,864.
The amount of taxable income passed through to the stockholders for the year ended December 31, 2021, was approximately $1,272,000 and $1,616,000 for federal and state tax purposes, respectively.
The Company files U.S. federal and California state income tax returns. The Company’s federal income tax returns for tax years 2018 and subsequent thereto remain subject to examination by the Internal Revenue Service. The Company’s California income tax returns for tax years 2017 and subsequent thereto remain subject to examination by the Franchise Tax Board.
Note 13 Subsequent Events
The Company’s management has evaluated subsequent events and transactions through June 10, 2022 which is the date the financial statements were available to be issued.
Management confirms that other than the additional contracts entered into after December 31, 2021 as indicated in Note 11, no significant events or transactions have occurred subsequent to the balance sheet date and through June 10, 2022 that would require adjustment to, or disclosure in, the financial statements.
Note 14 Contingencies
The Company is involved in various matters of construction litigation, claims and disputes which have arisen in the ordinary course of its business. While the resolution of any of these matters may have an impact on the financial results for the period in which the matter is resolved, management believes that the ultimate disposition of these matters will not, in the aggregate, have a material adverse effect upon their business or financial position, results of operations or cash flows.
The Company enters into agreements with subcontractors on their projects. Some agreements do not require the subcontractor to provide payment or performance bonds. If the subcontractor were to default on its contract, the Company would be liable for completion of the subcontract. Management does not anticipate any subcontractor defaulting on their contract obligations.
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Bear Electrical Solutions, Inc.
Schedule 1 - Schedule of Earnings from Construction Contracts for the Year Ended December 31, 2021
Contract Contract Gross
Revenues Costs Profit
Completed contracts $ 9,214,636 $ 7,170,680 $ 2,043,956 Contracts in progress 14,868,647 12,251,983 2,616,664
Service contracts 17,565,578 13,826,344 3,739,234
Underapplied indirect costs - 151,012 (151,012)
$ 41,648,861 $ 33,400,019 $ 8,248,842
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Bear Electrical Solutions, Inc.
Schedule 2 - Schedule of Contracts Completed
for the Year Ended December 31, 2021
Total Prior to January 1, 2021 For the Year Ended December 31, 2021 Earned Earned Earned
Contract Contract Gross Contract Contract Gross Contract Contract Gross Contract Description Revenue Costs Profit (Loss) Revenue Costs Profit (Loss) Revenue Costs Profit (Loss)1178 OC Jones - Reed St./Grant St. Sports $ 4,462,880 $ 3,524,501 $ 938,379 $ 4,441,297 $ 3,490,836 $ 950,461 $ 21,583 $ 33,665 $ (12,082)1186 Devcon - Santana Row Lot 9 482,564 342,806 139,758 448,844 315,125 133,719 33,720 27,681 6,0391256 The Shops @ Terra - Top Golf TS Installation 853,437 581,614 271,823 410,734 227,775 182,959 442,703 353,839 88,864 1264 Bothman Construction-Mission College Interdisciplinary Plaza 1,783,333 2,079,761 (296,428) 1,728,403 1,855,958 (127,555) 54,930 223,803 (168,873)1279 Frans Construction - SEC of Butterfield & Cochrane 506,119 416,438 89,681 499,120 409,227 89,893 6,999 7,211 (212)1294 Granite Rock Const - Rail Trail Segment 7 Phase 1 375,359 272,374 102,985 319,535 158,429 161,106 55,824 113,945 (58,121)1298 Bothman Construction - Growers Square 538,268 392,810 145,458 505,203 368,566 136,637 33,065 24,244 8,8211300 Webcor-Newark Civic Center 311,807 257,127 54,680 123,273 93,689 29,584 188,534 163,438 25,0961305 Bothman Const.- Stockmen's Park 472,484 410,521 61,963 460,084 396,565 63,519 12,400 13,956 (1,556)1311 SC Builders-Off-site Temp. TS for 429,729 290,641 139,088 426,397 288,743 137,654 3,332 1,898 1,4341316 Redwood Electric-Brokaw Phase 2 Offsite 734,989 554,049 180,940 526,208 396,047 130,161 208,781 158,002 50,7791329 Devcon-Harker Middle School 385,995 268,597 117,398 223,650 135,136 88,514 162,345 133,461 28,8841332 Sustainable Urban - 633 Hegenberger Shelter 681,036 512,812 168,224 456,428 331,007 125,421 224,608 181,805 42,8031337 JJ Albanese - Foothill College Lot 5/6 Repairs 286,512 177,130 109,382 266,398 164,614 101,784 20,114 12,516 7,5981338 Devcon Construction - Coleman Highline 1,097,743 716,767 380,976 424,132 273,330 150,802 673,611 443,437 230,1741339 Smith Deninson - Oak Park & Monticello 376,411 347,190 29,221 185,732 165,268 20,464 190,679 181,922 8,7571340 1340-Braddock & Logan - Sutter Blvd. Extension 297,802 169,744 128,058 154,527 85,617 68,910 143,275 84,127 59,1481341 Best Electrical - Lynbrook High School 251,099 158,556 92,543 135,746 92,025 43,721 115,353 66,531 48,8221345 Best Electric - FUHSD Adult Ed. Center & District 262,818 186,969 75,849 52,874 35,412 17,462 209,944 151,557 58,3871351 Teichert Construction -Seaside Pavement 594,600 416,894 177,706 545,352 376,771 168,581 49,248 40,123 9,1251354 City of Watsonville - W. Beach & Ohlone Pkwy 554,683 505,743 48,940 559,375 481,838 77,537 (4,692) 23,905 (28,597)1369 City of Oakland - 633 Hegenberger 319,926 236,207 83,719 196,317 170,443 25,874 123,609 65,764 57,845 1375 City of Livermore - Downtown Street Lighting Enhancement Project No. 2018-4 391,400 363,583 27,817 78,465 62,229 16,236 312,935 301,354 11,581 1382 City of Milpitas - Enhanced Crosswalk Striping & Beacons 447,283 395,479 51,804 11,933 8,942 2,991 435,350 386,537 48,8131385 Best Electrical - Thornton MS 481,135 366,758 114,377 127,744 88,381 39,363 353,391 278,377 75,0141407 Tri Valley Excavating Co, Inc. - Ohlone College Parking Lot 470,764 320,156 150,608 - - - 470,764 320,156 150,6081415 Desilva Gates - Sunnyvale Pavement Rehab 407,997 300,191 107,806 - - - 407,997 300,191 107,8061420 DeSilva Gates-Rte 50 HMA, RHMA & Fiber Optic 439,225 300,697 138,528 - - - 439,225 300,697 138,5281490 West Valley Construction - Adobe North Tower 398,263 296,542 101,721 - - - 398,263 296,542 101,7211497 Sustainable Urban Neighborhoods - 1175 2nd Ave Homeless Shelters 350,000 312,824 37,176 - - - 350,000 312,824 37,176Contracts completed less than $250,000 3,876,957 2,644,661 1,232,296 800,211 477,489 322,722 3,076,746 2,167,172 909,574 $ 23,322,618 $ 18,120,142 $ 5,202,476 $ 14,107,982 $ 10,949,462 $ 3,158,520 $ 9,214,636 $ 7,170,680 $ 2,043,956
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Bear Electrical Solutions, Inc.
Schedule 3 - Schedule of Contracts in Progress
for the Year Ended December 31, 2021
At December 31, 2021
Costs and Billings in
Total From Inception to December 31, 2021 Estimated Excess of For the Year Ended December 31, 2021 Estimated Earned Contract Estimated Earnings in Costs and Earned Estimated Estimated Gross Contract Costs Gross Contract Costs to Percent Excess of Estimated Contract Contract Gross Contract Description Revenue Costs Profit (Loss) Revenue to Date Profit (Loss) Billings Complete Complete Billings Earnings Revenue Costs Profit (Loss)1220 Devcon Construction-Linkedin Middlefield Campus $ 1,632,377 $ 1,100,000 $ 532,377 $ 1,308,498 $ 882,596 $ 425,902 $ 1,266,991 $ 217,404 80% $ 41,507 $ - $ 1,182,880 $ 785,646 $ 397,2341237 JJ Albanese- US 101 Ped Crossing 265,206 211,707 53,499 259,869 207,440 52,429 257,310 4,267 1 2,559 - 41,281 59,147 (17,866)1287 DeSilva Gates Construction-North Forty Phase 2 1,947,946 1,800,000 147,946 1,616,354 1,493,559 122,795 1,476,206 306,441 83% 140,148 - 742,850 839,237 (96,387)1304 JJ Albanese - Fair Oaks OH Bridge Rehab. 1,792,042 1,500,000 292,042 1,134,709 950,723 183,986 990,083 549,277 63% 144,626 - 847,430 722,850 124,5801335 Devcon - Google Gibraltar JT 1,001,521 805,347 196,174 929,312 746,870 182,442 945,178 58,477 93% - 15,866 846,166 681,140 165,0261352 JJ Albanese - Tracy Pescadero Lot - CD 1,174,356 980,000 194,356 1,142,422 953,897 188,525 1,140,939 26,103 97% 1,483 - 1,128,200 942,000 186,2001353 Devcon - Adobe North Tower 688,503 482,295 206,208 125,521 88,404 37,117 62,508 393,891 18% 63,013 - 125,521 88,404 37,1171373 Bothman Construction - Fair Oaks Park 1,881,847 1,545,000 336,847 1,846,968 1,516,858 330,110 1,827,071 28,142 98% 19,897 - 1,736,528 1,432,626 303,9021381 Devcon Construction - Google Gibraltar SL 344,075 89,750 254,325 333,846 87,151 246,695 290,921 2,599 97% 42,925 - 333,846 87,151 246,6951390 Vintage Paving Company-CT 10-1G4404 312,025 304,589 7,436 312,025 304,589 7,436 258,394 - 100% 53,631 - 312,025 304,589 7,4361398 Mcguire and Hester - West Texas Street Gateway Improve. 607,511 705,000 (97,489) 589,104 686,593 (97,489) 567,007 18,407 97% 22,097 - 589,104 686,593 (97,489)1399 Lennar Homes - The Brant - Lafayette, CA Traffic Signal 423,728 275,525 148,203 80,428 52,269 28,159 62,928 223,256 19% 17,500 - 80,428 52,269 28,1591403 OC Jones - Hwy 88 at Liberty Rd. 477,000 600,000 (123,000) 402,484 525,484 (123,000) 296,452 74,516 88% 106,032 - 402,484 525,484 (123,000)1424 Granite Rock - Middlefield Road Improvement 2,396,430 1,917,144 479,286 752,181 603,602 148,579 116,887 1,313,542 31% 635,294 - 752,181 603,602 148,5791426 JMI -311 Mathilda TS Modifications 260,844 163,448 97,396 183,310 115,133 68,177 211,344 48,315 70% - 28,034 183,310 115,133 68,1771427 C. Overaa & Co - 3459 - SJ Aircraft Rescue and 352,607 347,510 5,097 250,315 246,696 3,619 329,556 100,814 71% - 79,241 250,315 246,696 3,6191448 County of Orange - Newland at Hazard Traffic Signals Upgrade 786,537 650,000 136,537 212,027 175,162 36,865 17,810 474,838 27% 194,217 - 212,027 175,162 36,8651449 Caltrans - Caltrans Loop Repairs 330,000 255,000 75,000 231,236 178,736 52,500 190,795 76,264 70% 40,441 - 231,236 178,736 52,5001451 CBRE at Google - Moffett Field Substation Modifications 282,131 242,352 39,779 89,993 77,264 12,729 139,875 165,088 32% - 49,882 89,993 77,264 12,7291467 Martin Brothers - Gibson Road 1,700,000 1,325,000 375,000 630,564 491,814 138,750 339,682 833,186 37% 290,882 - 630,564 491,814 138,7501473 Vanguard Construction - Murphys Grade Road Sidewalk and Infill Project 278,956 235,000 43,956 139,704 117,726 21,978 107,613 117,274 50% 32,091 - 139,704 117,726 21,9781479 Best Electrical - MVHS Student Services Building 324,000 221,928 102,072 206,757 141,431 65,326 204,810 80,497 64% 1,947 - 206,757 141,431 65,3261495 Level 10 Construction - 200 Park 1,300,150 661,953 638,197 23,332 10,568 12,764 - 651,385 2% 23,332 - 23,332 10,568 12,7641502 Town of Paradise - Skyway/Pearson Rd Traffic Signal Repair 257,287 193,633 63,654 12,080 8,897 3,183 - 184,736 5% 12,080 - 12,080 8,897 3,1831509 Desilva Gates - Rte 162 Place Rubber 327,700 245,775 81,925 - - - - 245,775 0% - - - - -1510 Sustainable urban Neighborhoods - 3rd and Peralta Homless Park 315,000 152,136 162,864 292,878 141,414 151,464 315,000 10,722 93% - 22,122 292,878 141,414 151,4641511 Wildan Group, Inc. - Dublin Sports Fields 2,622,000 2,200,000 422,000 1,414,185 1,186,305 227,880 1,063,800 1,013,695 54% 350,385 - 1,414,185 1,186,305 227,8801512 Mcfadden Construction - March Land/EBMUD Bicycle and Pedestrian Path 340,000 261,375 78,625 81,023 62,153 18,870 - 199,222 24% 81,023 - 81,023 62,153 18,8701513 Graniterock - 05-1G2604 - Wildlife Crossing 593,300 463,454 129,846 7,534 6,236 1,298 - 457,218 1% 7,534 - 7,534 6,236 1,2981524 Teichert -03-1H1904; I-80 Pavement Rehab 1,209,000 906,750 302,250 14,316 11,293 3,023 - 895,457 1% 14,316 - 14,316 11,293 3,0231528 City of Fremont-Fremont Smart Corridor 5,611,089 3,991,691 1,619,398 74,166 57,972 16,194 - 3,933,719 1% 74,166 - 74,166 57,972 16,1941536 Salinas-E. Alisal at Murphy St - Salinas TS Design 736,335 531,564 204,771 9,458 7,410 2,048 - 524,154 1% 9,458 - 9,458 7,410 2,0481537 Galeb Paving - Evergreen Valley College 1,462,000 1,095,820 366,180 1,360 1,360 - - 1,094,460 0% 1,360 - 1,360 1,360 -1543 Devcon Construction - Greenlink Stre 876,535 691,711 184,824 - - - - 691,711 0% - - - - -1548 Holland Partner Group - Gateway Cros 954,196 671,141 283,055 - - - - 671,141 0% - - - - -300181473 Santa Cruz -Soquel Area Adaptive Traffic Control System 385,415 308,000 77,415 374,296 299,203 75,093 248,810 8,797 97% 125,486 - 374,296 299,203 75,093300189017 - Capitola 41st Ave Adaptive 420,000 365,000 55,000 334,759 290,759 44,000 - 74,241 80% 334,759 - 334,759 290,759 44,0005006 - Martin General Engineering - Power I 415,000 319,222 95,778 - - - - 319,222 0% - - - - -Contracts in progress less than $250,000 4,494,332 3,115,405 1,378,927 1,164,526 813,809 350,717 1,076,408 2,301,596 194,855 106,737 1,164,430 813,713 350,717 $ 41,578,981 $ 31,931,225 $ 9,647,756 $ 16,581,540 $ 13,541,376 $ 3,040,164 $ 13,804,378 $ 18,389,849 $ 3,079,044 $ 301,882 $ 14,868,647 $ 12,251,983 $ 2,616,664
CONFIDENTIAL
Packet Pg. 1182
See independent accountant's review report. 27
Bear Electrical Solutions, Inc.
Schedule 4 - Schedule of General and Administrative Expenses and Other Income (Expense)
for the Year Ended December 31, 2021
General and Administrative Expenses
Salaries and benefits $ 2,956,743
Rent 320,037
Office expenses 269,893
Telephone and utilities 127,965
Professional fees 49,204
Depreciation and amortization 759,680
Travel and meals 179,969
Advertising and promotion 90,029
Taxes and licenses 22,920
Miscellaneous 6,894
Total general and administrative expenses $ 4,783,334
Other Income (Expense)
Interest income $ 186
Interest expense (165,956)
Gain on sale of equipment 17,558
Forgiveness of PPP Loans 1,197,737
Miscellaneous income 6,064
Other income - net $ 1,055,589
CONFIDENTIAL
Packet Pg. 1183
RFP F-22-72 Evaluation Matrix
Background Summary of Services: The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.
During on-call or emergency requests, the vendor will furnish all labor, materials, equipment, and perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). In some instances, the City may opt to furnish materials to expedite the repair of a signalized intersection and return it to an operational status. This will require pre-authorization by the Contract Administrator.
Weight Factors
Criteria: E1 E2 E3 Total E1 E2 E3 Total E1 E2 E3 Total E1 E2 E3 Total 60 4 4 4 23 5 5 5 31 6 5 5 34 6 6 5 33
Did Respondent Submit the Proposal based on the format noted in RFP 3 2 5 5 5 5 7 5 7 7 5 5
Did the Respondent address or submit any type of documentation discussing how their company meets or does not meet the requirements of the RFP 0 2 5 5 5 5 7 5 5 6 7 5
1. Did Respondent subit a response in the box or an attachment?
2. Did an authorized representative sign the response box? 3 0 0 5 5 5 5 5 5 5 5 5 Cover Letter: Was the following information submitted
1. Demonstrated an understanding of the Services Presented
2. Does it describe the general approach, organization and staffing required for the services required
3. Did they provide any preliminary investigation, due diligence, and research 5 5 5 6 5 5 8 7 5 7 6 5
Statement of Understanding and Approach: Was the following information submitted
1. Demonstrated an understadning of the Services presented
2. Does it describe the general approach, organization and staffing required for the services required
3. Did they provide any preliminary investigations, due diligence, and research 5 5 5 5 7 5 8 7 5 6 7 5
Company Information 1: Was the following information submitted
1. Contract's person information, address, telephone number
2. Identity of type of organization
3. Supplemental information that is pertinent to the selection process 5 5 5 5 5 5 6 5 5 7 6 5
Company Information 2: Was the following information addressed and/or submitted
1. A litigation, mediation, or arbitration, regarding the performance of any services similar to the services the company has been involved with in the past (5) years.
2 Were any claims or disciplinary action taken against the Company or any of the Company's key personnel within the past five (5) years 0 0 0 5 5 5 5 5 5 5 5 5
Company Personnel: Was the following information addressed and/or submitted
1. Contact names and description of experience, including licenses and/or certification, of all key personnel who would be assigned to perform the services indicated in this RFP.
2. Members of the Company's:
- Professional Team (Managers, contact pers, etc.), identified by name, title and include contract information
3. Subcontractors:
- How long has the company work with their specified subcontractors 5 5 5 7 5 5 7 5 8 6 5 5
Experience: Was the following information addressed and/or submitted
1. Demonstrate the Company or its key personnel has at least ten (10) years of experience.
2. Past five (5) years with a legally registered business name that provides services of a similar type and scope
3. Has the company filed for bankruptcy under any business name over the past five (5) years 5 5 5 7 5 5 7 5 5 7 5 5
Licensing and Certifcation Requirements: Was the following information addressed and/or submitted
1. Was licensing and/or certifications required by law, statue, code, or ordinance held by the respondent, submitted for the scope and specifications of this RFP. 5 5 5 5 5 5 5 5 5 5 5 5
Appendices: Was the following information addressed and/or submitted
1. Did respondent submit pertient information for the RFP that wasn't specifically solicited in any of the sections. 5 5 5 5 5 5 7 5 5 5 5 5 Miscellaneous: Was the following information addressed and/or submitted
1. Were unnecessary, elaborate or promotional materials submitted by the respondent. If so, deduct points
2. Did respondent make a statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the submittal date 5 5 5 5 5 5 5 5 5 5 5 5 Overall Cost to the City
40 10 10 10 40 8 8 8 32 8 8 8 32 7 7 7 28
Clarification/Exceptions/Deviations
Pass/Fail
Pass Pass Pass Pass
Finanical Status
Pass/Fail
Evidence of insurance
Pass/Fail
Did the contractor properly fill out each section of the RFP as requested Yes/No No No NO
Credential/ Resumes/ Licenses/ Certifications Yes/No Yes Yes Yes Yes GRAND TOTAL POINTS 100 63 63 66 61
GRAND TOTALS FOR COST
Crosstown Electric $ 248,632.00 1st
YUNEX $ 296,655.00 2nd
ST FRANCIS $ 310,179.00 3rd
BEAR $ 367,663.00 4th
Sum of 32/4*4 = 32
Sum of 32/4*4 = 32
$ 248,632.00
Crosstown Electrical & Data Inc. - Irwindale, CA Yunex LLC - Riverside, CA. St. Francis Electric, LLC - Riverside, CA Bear Electrical Solutions, Alviso, CA Total Group Score: Total Group Score: Total Group Score: Total Group Score:
$ 367,663.00
Sum of 28/4*4 = 28
$ 296,655.00 $ 310,179.00
Evaluation Scores for Cost Points Awarded for Costs
Sum of 40/4*4 = 40
Packet Pg. 1184
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Issuance of a Purchase Order to Arts Connection for Professional Services for the 4th Street Alley
Beautification Project (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with Arts Connection for 4th Street Alley Beautification Project; and
2. Authorize the Agency Director of Administrative Services to issue a purchase order to Arts Connection for Professional Services in an amount not to exceed $137,000 for the 4th Street Alley Beautification Project.
Background
On January 19, 2022, the Mayor and City Council of the City of San Bernardino, California, approved Resolution No. 2022-007 authorizing staff to submit a grant application for funds to develop an area of historic Downtown San Bernardino located directly west of 395 North E Street. The application was successfully submitted, and the Clean California Local Grant program was awarded to the City in the amount of $722,722 for the project.
On August 3, 2022, the Mayor and City Council of San Bernardino, California, approved Resolution No. 2022-174 authorizing staff to accept the funds from the grant.
Discussion
The 4th Street Alley Beautification Project is located in an area of Historic Downtown San Bernardino located directly west of 395 North E Street and is owned by the City. Currently, this area is in dire need of rehabilitation. Through a public-private partnership, a grant application was successfully submitted for funding to address the Packet Pg. 1185
needs of the space. Arts Connection was specifically named in the grant to provide the professional services in relation to artwork for the project.
Arts Connection is a San Bernardino organization that is dedicated to stimulating creative and economic vitality and enriching lives by providing support, promotion, education, and advocacy for the arts. While working collaboratively during the submission of the grant application, it was determined that the Arts Connection would be the most appropriate vendor to supply the professional services to create a hub for local artists and their artwork to be displayed throughout the completed project.
The 4th Street Alley Beautification Project intends to install outdoor seating, a performance stage, feature local artists artwork and a variety of plantings and coverings to make the area a destination for local residents and visitors to enjoy. 2021-2025 Strategic Targets and Goals
This request aligns with Key Target 1d. Improved Operational &Financial Stability - Create a framework for spending decisions and Key Target 2d. Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan. If approved, the grant application will leverage State funding to support the major improvements city-wide that have been identified through engagement with the community.
Fiscal Impact
There is no impact to the General Fund resulting from the adoption of this resolution.
The City has been awarded and accepted grant funds in the amount of $722,722 for the project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with Arts Connection for 4th Street Alley Beautification Project; and
2. Authorize the Agency Director of Administrative Services to issue a purchase order to Arts Connection for Professional Services in an amount not to exceed $137,000 for the 4th Street Alley Beautification Project.
Attachments
Attachment 1 Professional Services Agreement
Attachment 2 Resolution No. 2022-007 Approving the applications for the Clean California Local Grant Program
Attachment 3 Resolution No. 2022-174 Approving Accepting Funds from the Clean California Local Grant Program
Packet Pg. 1186
Ward
First Ward
Synopsis of Previous Council Actions
January 19, 2022 Resolution No. 2022-07 Approving submitting applications for the Clean California Local Grant Program
August 3, 2022 Resolution No. 2022-174 Approving acceptance of grant funds from Clean California Local Grant Program
Packet Pg. 1187
1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ARTS CONNECTION
This Agreement is made and entered into as of November 2, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Arts Connection, a San Bernardino corporation with its principal place of business at 536 West 11th Street San Bernardino, CA 92410 (hereinafter referred to as “Consultant”).
City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Professional Services for artwork for the 4th Street Alley Beautification Project (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Pg. 1188
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $137,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable Packet Pg. 1189
3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Packet Pg. 1190
4 Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Packet Pg. 1191
5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
Packet Pg. 1192
6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
Packet Pg. 1193
7 (i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Pg. 1194
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities Packet Pg. 1195
9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Packet Pg. 1196
10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
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11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become Packet Pg. 1198
12 the property of the City.
27. Organization. Consultant shall assign Executive Director Jennifer Kane as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Arts Connection
536 West 11th Street
San Bernardino, CA 92410
Attn: Jennifer Kane
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such Packet Pg. 1199
13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ARTS CONNECTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Resolution Authorizing the City Manager to Execute an Encroachment Permit and Covenant Agreement with the
San Manuel Band of Mission Indians (Ward 4)
Recommendation:
Adopt Resolution No. 2022-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include above ground way-finding signage located at Victoria Avenue north of Piedmont Drive, San Bernardino, California.
Background
On June 29, 2022, the Public Works Department received a request from the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for a permit to permanently encroach areas located within the public right-of-way within the City of San Bernardino, California. The proposed encroachment area is near Victoria Avenue north of Piedmont Drive, attached herein and referred to as “Exhibit A”.
The San Manuel Band of Mission Indians is in the process of improving directional signage located adjacent to the Yaamava gaming facility. The purpose of the improvements is to enhance directions for ingress, egress, and parking facilities for patrons visiting the area attractions. The plans call for an above ground sign to be installed across Victoria Avenue. The sign will have three support legs; two of which will fall in the public right-of-way.
Discussion
The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-ofway while giving the Permittee permission to occupy the right-of-way in such a manner Packet Pg. 1210
as to have as little impact to the public’s use as possible. If in the future, the City requires the reconfiguration or modification of the public right-of-way, the permission granted within the Encroachment Permit and Covenant Agreement is subservient to the City’s paramount right and interest in the public right-of-way. Pursuant to the Agreement the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the License Agreement.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 4 Economic Growth & Development. The approval of this Encroachment Permit and Covenant Agreement helps the property owner ensure that the City is clean and attractive while also protecting the City’s right of way for future use.
Fiscal Impact
Costs incurred with this action have been offset by the non-refundable fee of $1,535 which has been paid in full by the applicant. An administrative fee of $346 will be collected for each year the agreement remains in effect, due on the first of each year.
Conclusion
Adopt Resolution No. 2022-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include above ground way-finding signage located at Victoria Avenue north of Piedmont Drive, San Bernardino, California.
Attachments
Attachment 1 - Resolution No. 2022-233
Attachment 2 - Application
Attachment 3 - Exhibit A - Legal Description
Attachment 4 - Exhibit B - Project Location
Attachment 5 - Exhibit C - Plans
Attachment 6 - Agreement; dated August 22, 2022
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
None
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Resolution No. 2022-233
Resolution No. 2022-233
November 2, 2022
RESOLUTION NO. 2022-233
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AN ENCROACHMENT PERMIT AND
COVENANT AGREEMENT WITH THE SAN MANUEL
BAND OF MISSION INDIANS, A FEDERALLY
RECOGNIZED INDIAN TRIBE, FOR THE
ENCROACHMENT OF IMPROVEMENTS THAT INCLUDE
ABOVE GROUND WAY-FINDING SIGNAGE LOCATED AT
VICTORIA AVENUE NORTH OF PIEDMONT DRIVE, SAN
BERNARDINO, CALIFORNIA
WHEREAS, The San Manuel Band of Mission Indians, a federally recognized Indian tribe is requesting an Encroachment Permit and Convent Agreement with the City of San Bernardino, a charter city and municipal corporation; and
WHEREAS, The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-of-way while giving the Permittee permission to occupy the right-of-way in such a manner as to have as little impact to the public’s use as possible; and
WHEREAS, Pursuant to the Agreement the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the Encroachment Permit and Covenant Agreement.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize and direct the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include above ground way-finding signage located at Victoria Avenue north of Piedmont Drive, San Bernardino, California.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg. 1212
Resolution No. 2022-233
Resolution No. 2022-233
November 2, 2022
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of November 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2022-233
Resolution No. 2022-233
November 2, 2022
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-233, adopted at a regular meeting held on the 2nd day of November 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
Genoveva Rocha, CMC, City Clerk
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PUBLIC WORKS – REAL PROPERTY
Permanent Encroachment Permit Request
(Permanent License agreement for encroachment with renewal) Please provide as much information as possible tin order to facilitate processing of the request. Please allow at least 30 days for a response to the above request.
Development Permit Number: ____________________________________________________ APN:
Address: ____________________________________________________ City/State: ____________________________________________________ Owner/person requesting permit:
Phone Number: ____________________________________________________ Email Address: ____________________________________________________ Alternate Contact:
Alternate Contact II:
Description of the project / request:
Purpose of the encroachment:
Signature: _____________________________________________ Date: ________________________ Please note: the encroachment permit is a license agreement whereby there is an expiration date (standard one-year term), and the renewal fee is to be remitted to the City of San Bernardino within 30 days of expiration. Applicable fees are payable to the City of San Bernardino and can be mailed to Public Works - Attention: Real Property Specialist, 290 North D Street, San Bernardino, CA 92401. If application documents and fees will be submitted in person, please call in advance to schedule an appointment.
Gunthar Detches at [email protected]
(909) 864-5050 ext. 10-5719
Brian Hochnadel / VP of Construction & Development
(909) 863-5728
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Requirements
✓ Legal description and plat map showing the encroachment area prepared by a certified engineer
✓ Site / area map
✓ Pictures of area or schematic of structure to be placed in the encroachment area ✓ Application fee of $1535.30 / annual renewal fee ($346.80) ✓ Copies of insurance certificates: commercial general liability ($2,000,000 per occurrence / $4,000,000 aggregate for bodily injury, personal injury, and property damage) and automobile liability insurance with $1,000,000 combined single limit coverage, and statutory worker’s compensation insurance
✓ City of San Bernardino to be set forth as additional named insured in each policy of insurance provided hereunder
✓ The certificates of insurance furnished to the City of San Bernardino shall require the insurer to notify the city of any change or termination to the policy ✓ If licensee is self-insured, a certificate of Self-Insurance, in a form accepted by the City of San Bernardino, may be furnished
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Cooperative Maintenance Agreement with the City of Redlands for the Mountain View Avenue Mission
Creek Bridge (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Cooperative Maintenance Agreement with the City of Redlands for the Mountain View Avenue Mission Creek Bridge.
Background
The City of Redlands and the City of San Bernardino share jurisdiction of several streets and bridges. Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects and maintenance issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects.
Discussion
The Inland Valley Development Authority (IVDA) recently completed the Mountain View Avenue Widening Project (“Project”) to widen and rehabilitate Mountain View Avenue from the Santa Ana River Bridge to just south of the Mission Creek Channel.
The Project also constructed a new bridge over Mission Creek (the “Mission Creek Bridge”). The boundary line between the cities of San Bernardino and Redlands is located along the centerline of Mountain View Avenue. The east half of the Mission Creek Bridge is in Redlands and the west half is in San Bernardino. Therefore, both cities mutually desire to identify the maintenance responsibilities for the Mission Creek Bridge.
Pursuant to the terms of this Agreement, Redlands shall be responsible for the maintenance and repair of the Mission Creek Bridge, including the west half of the Mission Creek Bridge located in San Bernardino jurisdiction. Redlands will maintain Packet Pg. 1240
the entire Mission Creek Bridge including the traveled way, shoulders, curbs, sidewalks, and structural drainage systems. The cost of the inspection, maintenance, and repair of the Mission Creek Bridge will be shared equally by both cities. 2021-2025 Strategic Targets and Goals
This project aligns with Key Strategic Goal No. 1f: Create an asset management plan.
Conducting cooperative projects on streets and bridges of shared jurisdiction is more efficient and cost effective than performing projects individually, in addition to improving and preserving the bridge.
Fiscal Impact
There is no General Fund impact associated with this action. The impact at the time is unknown. The funding amount required to support this agreement will be presented at a future City Council meeting for consideration and approval, along with any additional documents needed for Project implementation.
The cost of the maintenance and repairs of the bridge will be shared equally at fifty percent between the City of San Bernardino and the City of Redlands. Staff will take the necessary steps to appropriate funding when invoices are received from the City of Redlands.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Cooperative Maintenance Agreement with the City of Redlands for the Mountain View Avenue Mission Creek Bridge.
Attachments
Attachment 1 Cooperative Maintenance Agreement
Attachment 2 Location Map
Ward:
Third Ward
Synopsis of Previous Council Actions:
None
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1 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm
COOPERATIVE AGREEMENT
BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF
REDLANDS
(MOUNTAIN VIEW AVENUE PROJECT)
This COOPERATIVE AGREEMENT (this “Agreement”), dated as of ________________, 2022 (the “Effective Date”), by and among the City of San Bernardino, a charter city (“San Bernardino”) and the City of Redlands, a general law city (“Redlands”). San Bernardino, and Redlands are sometimes individually referred to each as a “Party” and collectively referred to as the “Parties.” Recitals
WHEREAS, the Inland Valley Development Authority (IVDA) is a special military base reuse Joint Powers Authority dedicated to the effective reuse of the former Norton Air Force Base.
WHEREAS, the IVDA is currently carrying out Phase II of the Mountain View Avenue Widening Project (“Mountain View Project”) in order to widen and rehabilitate Mountain View Avenue from the Santa Ana River Bridge to just south of the Mission Creek Channel.
WHEREAS, IVDA has constructed a new bridge over Mission Creek (the “Mission Creek Bridge”) as part of the Mountain View Project, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.
WHEREAS, the border between the cities of San Bernardino and Redlands is located on the centerline of Mountain View Avenue.
WHEREAS, the Mission Creek Bridge is aligned with Mountain View Avenue with approximately east half of the Mission Creek Bridge located in Redlands and the west half in San Bernardino.
WHEREAS, due to the Mission Creek Bridge being located within the jurisdictions of Redlands and San Bernardino, the PARTIES mutually desire to identify the maintenance responsibilities for the Mission Creek Bridge.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows:
Section 1. Definitions. As used in this Agreement, the following words and terms shall have the meaning as provided in the Recitals or in this section unless the specific context of usage of a particular word or term may otherwise require:
“Mission Creek Bridge” means the bridge constructed over the Mission Creek Channel by IVDA. “Effective Date” means the date first above referenced in the introductory paragraph of this Agreement.
“Redlands” means the City of Redlands, a general law city, and its officials, officers, employees, volunteers and agents
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2 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm “San Bernardino” means the City of San Bernardino, a charter city, and its officials, officers, employees, volunteers and agents.
Section 2. Term. The term of this Agreement shall become effective on the Effective Date first shown above and shall remain in full force and effective until amended, unless otherwise terminated or extended by mutual agreement of the Parties.
Section 3. Maintenance of the Mission Creek Bridge.
Section 3.1 It is the intent of the Parties that the Mission Creek Bridge be maintained and kept in a safe condition and repair and in compliance with all applicable laws and safety regulations.
During the term of this Agreement Redlands shall be responsible for the maintenance and repair of the Mission Creek Bridge as provided in this Section 3, and by this Agreement is permitted to enter the west half of the Mission Creek Bridge located in San Bernardino to perform its obligations under this Agreement.
Section 3.2 Redlands will maintain the entire Mission Creek Bridge including the traveled way, shoulders, curbs, sidewalks, and structural drainage systems with the cost being shared by the Parties as described by Section 4.
Section 3.3 Each Party will maintain at their expense the Party’s utilities such as water and storm drain, that are within the Mission Creek Bridge, as well as lighting, traffic service facilities (signs, pavement markings) and the elimination of graffiti that is within their jurisdiction.
Section 3.4 Redlands shall arrange for an annual inspection of the Mission Creek Bridge by a Caltrans approved inspector. Specific inspection dates shall be coordinated with the inspector and Redlands shall provide a copy the report issued by the inspector to San Bernardino. Redlands shall be responsible for performing all maintenance and repair of the Mission Creek Bridge as recommended in the inspection report together with such other maintenance and repairs as reasonably necessary to maintain the Mission Creek Bridge in accordance with the standards in 3.1 above.
Section 3.5 San Bernardino shall have the right to perform inspections of the Mission Creek Bridge independent from the annual inspection under 3.4 above, which inspections shall be made at the expense of San Bernardino. If such inspection reveals any necessary maintenance or repairs the inspecting Party shall provide a written report to Redlands detailing the required maintenance or repairs.
Redlands will have a reasonable period of time to review the requested maintenance or repairs, to inspect the Mission Creek Bridge and either undertake such work or respond to San Bernardino as to the necessity and scope of the requested work. In the event if any difference of opinion as to any necessary maintenance or repairs to the Mission Creek Bridge all of the Parties will meet, confer, and cooperate in good faith pursuant to Section 6 below to determine the necessary work to maintain the Mission Creek Bridge in accordance with the standards in 3.1 above.
Section 4. Payment
Section 4.1 Redlands shall provide San Bernardino a detailed invoice of the cost of the inspection, maintenance, and repair of the Mission Creek Bridge as described by Section 3 and any associated permitting costs within 30 calendar days of the maintenance and repair being conducted. San Bernardino shall have 60 calendar days from the date of receiving the invoice to reimburse Redlands fifty percent (50%) of the cost. In the event of a difference of opinion between the Parties as to the costs Packet Pg. 1243
3 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm included in the invoice the Parties will meet, confer and cooperate in good faith pursuant to Section 6 below to reach a mutual understanding of the invoice amount.
Section 5. Insurance and Indemnity
Section 5.1 All insurance required by this Agreement is to be maintained by Redlands for the term of this Agreement, and all such insurance shall be primary with respect to Redlands and noncontributing to any insurance or self-insurance maintained by San Bernardino. Redlands shall provide San Bernardino with certificates of insurance and endorsements evidencing such insurance within ten (10) days of the Effective Date of the Agreement. No contractor of Redlands shall perform any maintenance or repair work for the Mission Creek Bridge unless Redlands provides to San Bernardino certificates of insurance and endorsements evidencing the contractor’s compliance with the requirements of this Section prior to the commencement of such work.
a. Workers’ Compensation and Employer’s Liability. Redlands shall secure and/or self-insure, and require its contractors to secure, workers’ compensation and employer's liability insurance in an amount which satisfies statutory requirements with an insurance carrier reasonably acceptable to San Bernardino in connection with any construction, maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to Redlands obligations under this Agreement.
b. Comprehensive General Liability Insurance. Redlands shall secure and/or selfinsure, and require its contractors to secure, comprehensive general liability insurance covering all maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to Redlands’ obligations under this Agreement, with carriers reasonably acceptable to San Bernardino. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for public liability, property damage and personal injury is required.
San Bernardino, and their elected officials, officers and employees, shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to San Bernardino. c. Business Auto Liability Insurance. Redlands shall secure and/or self-insure, and require its contractors to secure, business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Redlands and its contractor owned vehicles, hired and nonowned vehicles, and employee non-ownership vehicles used in connection with any maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to the Redlands’ obligations under this Agreement. San Bernardino and their elected officials, officers and employees shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to San Bernardino.
Section 5.2 Indemnity/Hold Harmless. San Bernardino and their elected officials, officers, employees and agents (collectively, the “Indemnified Parties”) shall not be liable for any injuries (as defined by Government Code section 810.8) to persons or property occasioned by reason of the negligent acts or omissions, or willful misconduct, of Redlands, or its employees, contractors and agents, in the performance of the Redlands’ maintenance obligations for the Mission Creek Bridge under this Agreement. Redlands further agrees to protect, defend, indemnify and hold harmless the Indemnified Parties from any and all claims, demands, causes of action, injuries, liability or loss of any kind, resulting from, or arising out of, the negligent acts or omissions, or willful misconduct, of Redlands, or its employees, contractors and agents in the performance of any maintenance or repair work performed, or Packet Pg. 1244
4 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm caused to be performed, by Redlands for the Mission Creek Bridge pursuant to Redlands’ obligations under this Agreement, except however, Redlands is not obligated to protect, defend or indemnify Indemnified Parties for any claims, demands, damages or losses resulting from the negligence or willful misconduct of Indemnified Parties in connection with or arising from this Agreement.. The indemnity and hold harmless provided by Redlands hereunder shall not extend to any claims, actions, demands, damages or losses related to the design of the Mission Creek Bridge or the initial construction of the Mission Creek Bridge, it being the understanding of the Parties that the indemnity and hold harmless hereunder shall only be applicable to Redlands performance of maintenance work to the Mission Creek Bridge in accordance with this Agreement.
Section 6. Dispute Resolution.
Section 6.1. In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to meet and confer in a good faith attempt to resolve said dispute, claim or controversy within fourteen (14) calendar days after the receipt of written notice from the Party alleging that a dispute, claim or controversy exists or in the event of a claimed default fourteen (14) calendar days after the date of the notice provided under Section 10 below. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, any Party may then request that the matter be submitted for mediation or non-binding arbitration as determined by the Parties; provided that no Party shall be required to submit to mediate or non- binding arbitration.
Section 6.2. The Parties agree that those Parties participating in mediation or arbitration shall share the fees of the mediator, arbitrator and all costs associated with mediation and arbitration proceeding; provided, however, each Party that is subject to the proceeding shall be responsible for its own legal costs, including attorneys’ fees and the costs associated with experts.
Section 7. Default.
Section 7.1. The failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the Party who are otherwise claimed to be in default by the other Party commences to cure, to correct or to remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party shall not be deemed to be in default hereunder. The Party claiming that a default has occurred shall give written notice of default to the defaulting Party specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the non-defaulting Party shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein.
Section 7.2. In the event that the defaulting Party fails to commence to cure, to correct or to remedy a default within thirty (30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach the non-defaulting Party shall have all rights and remedies available under applicable law, including the right to terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided in Section 6 above.
Section 8. Force Majeure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or Packet Pg. 1245
5 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event.
Section 9. Approvals. Approvals required of the Parties, or any officers, agents or employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time.
Section 10. Notices, Demands and Communications Between the Parties.
Section 10.1. Formal notices, demands and communications between the Parties shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this Section, or (ii) by messenger service for immediate personal delivery, or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as the Parties may from time to time designate by written notice to the other Parties.
Section 10.2. All notices, demands and communications shall be sent, as follows:
TO SAN BERNARDINO: TO REDLANDS:
City of San Bernardino
Attn: City Manager
300 North “D” Street, 6th Floor
San Bernardino, CA 92418
City of Redlands
Attn: City Manager
35 Cajon Street, Suite 200
Redlands, CA 92373
Section 11. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by all of the Parties.
Section 12. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Section 13. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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6 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm Section 14. Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence.
Section 15. Third Party Beneficiaries. This Agreement and the performance of the Parties’ obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against the Parties hereunder as a result of any Party’s performance or nonperformance of their respective obligations under this Agreement.
Section 16. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, State of California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County, in the State.
The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County, in the State, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.
Section 17. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to San Bernardino, and to Redlands include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of San Bernardino and Redlands, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, the content, or the intent of this Agreement.
Section 18. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party or Parties on any default shall impair such right or remedy or be construed as a waiver. Any Parties’ consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or to render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
Section 19. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Section 20. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
Section 21. Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns.
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7 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm Section 22. Authorized Representatives. The person or persons executing this Agreement on behalf of the Agency, of San Bernardino and Redlands warrant and represent that he/she has the authority to execute this Agreement on behalf of that Party and that they have the authority to bind that Party to the performance of its obligations hereunder.
Section 23. Entire Agreement. This Agreement constitutes the entire and integrated agreement of San Bernardino and Redlands with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. [SIGNATURES ON THE FOLLOWING PAGE]
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SIGNATURE PAGE TO COOPERATIVE AGREEMENT
SAN BERNARDINO
City of San Bernardino,
a charter city
By: __________________________________
Robert D. Field, City Manager
Dated: ________________________________
APPROVED AS TO LEGAL FORM:
By: __________________________________
Best Best Krieger, City Attorney
ATTEST:
By: _________________________________
Genoveva Rocha, CMC, City Clerk
REDLANDS
City of Redlands
By: ___________________________________
Paul T. Barich, Mayor
Dated: ______________________________
APPROVED AS TO LEGAL FORM:
By: ____________________________________
Yvette M. Abich Garcia, City Attorney
ATTEST:
By: _____________________________________
Jeanne Donaldson, City Clerk
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EXHIBIT A
DESCRIPTION OF MISSION CREEK BRIDGE
Mission Creek Bridge spans the Mission Creek approximately 0.3 miles north of the I-10 Freeway and approximately 0.2 miles south of E. Victoria Avenue/Almond Avenue. The centerline of Mountain View Avenue, therefore the bridge, is the border between the City of San Bernardino and the City of Redlands.
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City of San Bernardino City of Redlands
City Boundary
Mission Creek Bridge
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works Operations, and Maintenance
Department: Public Works
Subject: Award Design Services Agreement for Skate Park Design at Speicher Park (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of the skate park at Speicher Park.
Background
The Public Works Department is responsible for maintaining all city parks. The eastside skate park located at Speicher Memorial Park was vandalized on two different occasions. A fire destroyed most of the skate park amenities. As a result, Public Works staff removed the remaining pieces of the skate park and closed it to the public in March 2022. Upon receiving multiple concerns from the community, the Parks and Recreation staff held three community meetings to gather input for new design ideas and to incorporate feedback and desired needs of the community for the new skatepark. With over 50 collected responses, staff included feedback in the Request for Proposal for design services.
The proposed site for the skate park will lie on the existing skate park footprint in Speicher Memorial Park. The park currently offers multi-generational leisure opportunities through connective pathways, play structures, and ample-passive green space. Thus, introducing the new skate park will require utmost sensitivity to the surrounding context and must enhance the park’s overall quality as espoused by Speicher Memorial Park’s various stakeholder groups while capitalizing on the initial site analysis conducted by the staff earlier this year. The key components will include ensuring the new skate park design integrates tactfully with all adjacent, multi- user connective pathways and addresses the issues of aesthetic, accessibility, visibility, and environmental sustainability.
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Discussion
On July 14, 2022, Public Works requested proposals to provide design services for the skatepark at Speicher Memorial Park. Six (6) responses to the RFP were received on August 11, 2022. The following are the firms that responded to the RFP:
1. New Line Skateparks FL, Inc.
2. California Skateparks
3. Ramp Company
4. Gridline Skateparks, Inc.
5. Spohn Ranch
6. THG
The proposal from firms were evaluated by staff based on several criteria. A selection committee consisting of management level staff reviewed the proposals. New Line Skateparks received superior ratings in areas to experience, adequacy of staff, completion schedule, depth of understanding, and project approach. New Line Skateparks FL, Inc. has extensive experience and successfully completed similar projects for numerous cities statewide. The panel determined that New Line Skateparks demonstrated the capability to provide design services for the Speicher Memorial Park Skate Park.
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No 3: Improved Quality of Life. The completion of this project will improve park assets by providing skatepark design to provide a safe and well-maintained community skate park with access for all abilities. The improvements in accordance with upcoming sports field and lighting additions will revitalize and enhance the character of the park.
Fiscal Impact
There is no General Fund impact associated with this action. The budget for the proposed work was previously established through the adopted FY 2023-2027 Capital Improvement Plan (CIP) using Measure S Funds in the amount of $650,000.
The negotiated design contract amount is $106,500.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of the skate park.
Attachments
Attachment 1 Design Services Agreement
Attachment 2 Consultant Proposal
Attachment 3 Location Map
Ward
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Second Ward
Synopsis of Previous Council Actions
June 1, 2022 The Mayor and City Council adopted Resolution No. 2022- 102, approving the FY 2023 and FY 2024 Operating Budget and Capital Improvement Program 2023-2027.
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1 CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as November 2,, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and NEW LINE SKATEPARKS FL, INC., a corporation with its principal place of business at 2305 Historic Decatur Road, Suite 102, San Diego, California 92106 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the Skatepark Design Services at Speicher Memorial Park ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. In the event there is any conflict between the main body of this Agreement and the provisions of the Exhibits, the terms of the main body of this Agreement shall control. In addition, in the event that there are conflicts between Exhibit “A” and Attachment 1 to Exhibit “A”, the terms of Exhibit “A” shall control.
3.1.2 Term. The term of this Agreement shall be from November 2, 2022 to November 2, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than three (3) additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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2 3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Doug Grove, RLA (License No. 2799) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:
Kanten Russell, Project Manager and Lead Designer, New Line Skatepark FL, Inc.
Doug Grove, President, Landscape Architect, RHA Landscape Architects-Planners, Inc Tom Carcelli, Principal, P.E., CivTech Civel Engineering Consulting
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform Packet Pg. 1256
3 the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
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4 3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
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5 3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.
3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.
Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall Packet Pg. 1259
6 specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.
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7 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services Packet Pg. 1261
8 are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
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9 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates Robert D. Field, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Alex Qishta, Deputy DPW/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One Hundred Six Thousand and Five Hundred Dollars ($106,500.00) (“Total Compensation”).
This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and Packet Pg. 1263
10 incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under Packet Pg. 1264
11 the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and Packet Pg. 1265
12 harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and Packet Pg. 1266
13 remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.
If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.
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14 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.
3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.
3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its Packet Pg. 1268
15 subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and Packet Pg. 1269
16 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.
Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.
3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
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17 3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
3.15.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is Packet Pg. 1271
18 replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII.
3.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide evidence of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.15.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general Packet Pg. 1272
19 liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
3.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.
3.20 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
3.21 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written Packet Pg. 1273
20 certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.
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21 3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
With a Copy to:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
DESIGNER:
New Line Skateparks FL, Inc.
2305 Historic Decatur Road, Suite 102
San Diego, CA 92106
Attn: Kyle Dion
CEO and President
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
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22 3.32 Prohibited Interests.
3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.33 Equal Opportunity Employment.
Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.35 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.37 Electronic Signature.
Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
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23 3.38 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.
3.39 Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
3.39.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
3.39.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
3.39.3 Treasury Compliance and Reporting Guidance for the Act;
3.39.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
3.39.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
3.39.6 Federal contract provisions attached hereto as Exhibit “D” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]
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24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND NEW LINE SKATEPARKS FL, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
DESIGNER
NEW LINE SKATEPARKS FL, INC
APPROVED BY:
Kyle Dion,
CEO & President
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Exhibit A-1
EXHIBIT A
DESIGNER’S SCOPE OF SERVICES
1. GENERAL REQUIREMENTS.
1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. The Basic Services are more particularly defined in Attachment 1 to this Exhibit “A”.
1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A
1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A
1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.
1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.
The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.
2. INITIAL PLANNING PHASE.
During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.
2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.
Packet Pg. 1279
Exhibit A-2
Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.
2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.
3. SCHEMATIC PLAN PHASE.
During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
3.1 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.
3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.
3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.
3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
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Exhibit A-3
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).
4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.
4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
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Exhibit A-4
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“asbuilt drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.
City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.
The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.
5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local Packet Pg. 1282
Exhibit A-5
agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
Packet Pg. 1283
Exhibit A-6
8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.
8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.
8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.
8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.
8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.
8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.
Packet Pg. 1284
Exhibit A-7
8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.
8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.
8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.
8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.
8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in Packet Pg. 1285
Exhibit A-8
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.
8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.
8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.
8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.
Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Designer with specific written approval of the AsBuilt Drawings and Specifications, Designer shall forward to City the complete set of original AsBuilt Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
Packet Pg. 1286
Exhibit A-9
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.
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Exhibit A-10
ATTACHMENT 1
CONSULTANT PROPOSAL
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Exhibit B-1
EXHIBIT B
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.
Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
2. PHASING/FUNDING SCHEDULE.
Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:
Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____)
Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____) Bid Phase: ________ percent (%____)
Construction Phase: ________ percent (%____)
As-Built Drawings Phase: ________ percent (%____)
Warranty Period Phase: ________ percent (%____)
3. ESTIMATED FEE PROPOSAL
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Exhibit B-2
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Exhibit C-1
EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
Principal
Senior Project Manager
Civil Design
Landscape Designer
Design 3D
$150.00 per hour
$125.00 per hour
$120.00 per hour
$100.00 per hour
$100.00 per hour
2. REIMBURSABLE EXPENSES.
Reimbursable items such as the cost of blueprinting, graphic reproduction and plotting will be billed at our direct cost plus 15%. Auto travel will be charged at $0.585 per mile. Where we are able to utilize direct billing to Owner established accounts the "plus 15%" is not applicable.
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. OVERTIME REQUESTS
It is Designer’s responsibility to schedule the Project’s completion under normal conditions without the use of the staff on an overtime basis. If the City requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by Designer. The hourly rates for overtime will be one and one-half (1 1/2) times the hourly rates above.
5. ADDITIONAL CONSULTANTS.
If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus 0%.
Owner shall have the authority to review and approve the rates of any such consultants.
Packet Pg. 1291
Exhibit D-1
EXHIBIT “D”
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, the Designer shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Designer shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Designer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Designer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Designer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Designer will, in all solicitations or advertisements for employees placed by or on behalf of the Designer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Designer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Designer's legal duty to furnish information. (iv) The Designer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Designer's Packet Pg. 1292
Exhibit D-2
commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Designer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Designer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Designer's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Designer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Designer will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Designer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Designer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Designer may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for Packet Pg. 1293
Exhibit D-3
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the City under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by the CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by the CSLFRF.
(e) Appendix II to Part 200 (E) – Agreement Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Designer shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Packet Pg. 1294
Exhibit D-4
Designer or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Agreement Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) Subcontracts. The Designer or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Designer shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Designer shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000.
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Exhibit D-5
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Designer is required to verify that none of the Designer, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Designer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Designer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Designer warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Designer also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Designer further agrees to notify the City in writing immediately if Designer or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Designer shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Designer shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Designers that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Designer shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal Packet Pg. 1296
Exhibit D-6
year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Designer shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Designer also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Designer shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Designer shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
Packet Pg. 1297
Exhibit D-7
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Packet Pg. 1298
SKATE PARK DESIGN SERVICES AT
EAST SIDE SKATE PARK
SAN
BERNARDINO
AUGUST 11, 2022 with
Packet Pg. 1299
NEW LINE SKATEPARKS I 2305 HISTORIC DECATUR ROAD, SUITE 102, SAN DIEGO CA, 92106 I T 1.866.463.9546 F 604.530.1119
COVER LETTER
Request for Proposals for skate park design services at East Side Skate Park.
August 11th, 2022
Dear Alex Qishta and the City of San Bernardino,
Thank you for considering our team for the redevelopment of the East Side Skatepark. We believe this project will be an excellent investment in the youth of San Bernardino and a welcome addition to the community.
We are pleased to submit our proposal for design services. New Line Skateparks (Prime Consultant and Lead Designer) in partnership with RHA (local Landscape Architecture sub-consultant) and CIVTEC (Local Civil Engineering sub consultant) is proud to offer a unique combination of focused local resources and internationally renowned skatepark development expertise, capable of addressing the full suite of needs for this project, its stakeholders and the City. Our team is comprised of registered landscape architects, Civil Engineers, planning professionals, and construction experts who are passionate skateboarders and BMX/Mountain Biking enthusiasts.
We are one of North America’s most experienced and respected municipal skatepark design/build teams with over 400 highly recognized projects across the United States, Canada, and Europe over the last 20 years. With our unprecedented work across the nation and depth of experience working directly in the region, we are in a unique position to fully service every aspect of the East Side Skatepark redevelopment.
For the project at hand, we are excited about the prospect of employing our unique skill, experience and resources as a proven team to deliver significant efficiencies and increased quality throughout the development process. With our pioneering work on many of the world’s most recognized concrete skatepark facilities, coupled with preliminary site analysis and imagining of the redeveloped East Side Skatepark, we will approach this project with strong understanding and a heightened ability to continue to build on the community outreach process started by the Park’s Department in 2022, technical issues, and municipal protocol. Our team (New Line Skateparks) will self-perform all key consulting, outreach and speciality design undertakings, and serve as the single point of accountability for the client - ensuring full continuity and complete quality + cost control throughout all phases of the project.
Within this submission, you will find detailed information about our team including our previous project experience, diverse capabilities, and proposed signature approach. We are aware of this project’s unique site context and community engagement considerations, and are excited about the prospect of delivering a highly integrated multiuse skatepark environment that will truly enhance East Side Park and serve as celebrated destination for San Bernardino youth and families. Our team is prepared to begin work immediately and will proceed through each project phase upon approval from the City.
Please do not hesitate to contact us with any questions or comments you may have. Thank you again for considering our team and we look forward to working with you to make this project a reality.
Sincerely,
Kyle Dion
CEO and President - New Line Skateparks Kanten Russell
Project Manager and point of contact - New Line Skateparks Packet Pg. 1300
TABLE OF CONTENTS
Cover Letter
Our Team
Team Organization and Key Staff
Relevant Experience
Project Understanding
Scope of Work + Project Approach
Previous
6 10
24 50
54 1. COVID-19 Project Development Considerations.....................................................
2. Community Consultation...........................................................................................
3. Context Considerations / Design Development.......................................................
4. Technical Design and Working Drawings..................................................................
5. Construction Administration (included for information purposes only)........................................
7. Value Added Services.................................................................................................. 54 55
57 65
66 67
68 Envelope #2
Methodology and Timeline
Fee Schedule
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SOUTHWOOD SKATEPARK
Packet Pg. 1302
TEAM
Our
Packet Pg. 1303
6 New Line Skateparks is committed to the improvement of natural and built environments for all generations. Our goal is to promote environmental quality as a way to protect what we value in our unique region. Through listening, watching and testing ideas, we create youth park solutions that work in harmony with existing environments and ultimately lead to fully integrated places.
Plaza at the Forks, Winnipeg, MB
New Line Skateparks (established 2001) is North America’s Premier Skatepark Development Firm. With over 400 highly recognized projects around the world, we are proud to serve as one of the Nation’s longest running and most experienced concrete youth park design-build teams.
“The quality of the design is
demonstrated by the international
recognition the Plaza received from the
skateboarding community. The Plaza
at the Forks sets the bar for other
cities throughout North America which
are struggling to respond to
similar issues.”
- CSLA Jury Comments
Canadian Society of Landscape
Architects
National Honor Award
Skateparks are changing. The days of the stereotypical ‘grey square’ have long passed as a new era of concrete facility design responds to far more than purely function. When designed and constructed with strong community input and sensitivity to the surrounding context, skateparks not only become beloved destinations for local youth but celebrated public spaces for all to enjoy! Skaters for Public Skateparks
Public Space Award
What We Believe
We love what we do. When we engage a community in the
development process we bring a professional, organized and fun attitude. The design journey is important and our approach is inclusive. We spare no resource to ensure youth and affected stakeholders truly become part of each project solution.
Our staff (approx 65) is comprised of registered landscape architects, engineers, planning experts, and construction professionals who are passionate active skateboarders. This passion inspires us to deliver cutting edge designs and authentic finished environments that create a meaningful connection between youth and the communities in which they live.
Let Us Introduce Ourselves
ABOUT US
American Shotcrete Association
Outstanding Shotcrete Award
NE Community Park Skatepark
Frisco, TX
Texas Recreation and Parks
Association
Excellence in Design Award
Packet Pg. 1304
7 Services... The Art of Shaping Space
Master Planning and Feasibility Studies - NLS provides planning expertise to municipal governments for action sports networks as well as individual project developments. Through completing the award winning Calgary Skateboarding Amenities Strategy, as well as Skateboarding/Action Sports Master Plans for Lethbridge AB, Arlington TX, Port Coquitlam BC, and Waterloo ON, we have established a proven, transparent and credible planning process that has been widely recognized as a benchmark for our industry. Whether it be site selection, feasibility studies, fundraising programs, or long term facility development strategies, we strive to offer the best mix of qualified personnel and specialized resources for each unique planning challenge.
Public Consultation - NLS provides comprehensive consultation services to facilitate community input in the design of Skateparks and other progressive public spaces. As passionate skateboarders and avid park users ourselves, we know how important participation by youth and other members of the community will be to the long term success of each project. No matter what project size, we deliver a tailored program of hands-on, interactive design workshops and public presentations facilitated by principal members of our team.
Outside of our scheduled meetings, youth and other stakeholders are encouraged to continue to submit written comments, sketches, pictures etc. through our specially developed custom web survey for immediate and ongoing feedback. Overall, we believe engaging the community in a meaningful way is one of the most critical aspects of any skatepark design journey and a key factor to our team’s continued success.
1st design workshop - Birmingham, AL
Pre-construction community info session - Seattle, WA
Callingwood
Youth Park
Concept Master Plan
Edmonton, AB
Site Selection Boards
Brantford, ON
City of Arlington Skatepark Master Plan
Texas Recreation and Parks
Society
Planning Excellence Award
Packet Pg. 1305
8 Construction - New Line Skateparks is one of North America’s most experienced providers of large-scale municipal skatepark construction services - serving as the General Contractor on a significant portion of the 400 + designs completed by our team.
Whether it be complete turnkey project solutions or specialty services/products, we are recognized as a global leader in the development of site-built concrete skatepark construction technology and techniques (with over 150 projects completed in areas with similar climate profiles to San Bernardino).
Our team has also worked hard to lead the industry in cost and schedule control, safety, and concrete quality accreditation - with a guarantee of design-build budget certainty, on-time project performance, and ACI (American Concrete Institute) certified team members overseeing all shotcrete operations. Finally, New Line Skateparks has been fully bonded and insured for over 20 years and employs approximately 40 dedicated field staff leading municipal skatepark projects across the world.
Design - NLS designs award winning municipal concrete
skateparks and other wheeled sport environments that continually set the bar for international skatepark development. From day one, we have chosen to think outside the ‘concrete square’ by leading the industry in introducing a site and communityspecific design approach, integrated art/sculptural installations, green/sustainable development initiatives, CPTED principles, innovative materials and aesthetic detailing, progressive lighting schemes, skateable donor recognition signage, and architecturally striking skatepark roof structures. We believe that every project and community has a unique ‘story’ that can be told through authentic and enduring skatepark architecture.
To realize our unique designs, we take great pride in delivering photorealistic 3D facility modeling, animated project ‘fly-through’ experiences, and certified technical drawings to ensure complete project understanding and a thorough construction process for each park.
American Shotcrete Association
Outstanding Shotcrete Awards
NE Community Skatepark - Frisco, TX + Norton Skatepark - Burlington, ON CJ Smith Skate Plaza - Newnan, GA
Chinook Winds Youth Park - Airdrie, AB
Seattle Center Skate Plaza - Seattle, WA
Chemainus Skatepark - Chemainus, BC
Services... The Art of Shaping Space
Packet Pg. 1306
9 Youth Park Design Philosophy....
Vancouver Skate Plaza - CSLA Regional Honour Award
New Line Skateparks Inc. has worked extensively in the
planning, design and construction of concrete skateparks, pump tracks, BMX parks, mountain bike courses and other progressive ‘casual recreation’ facilities. Although this emerging area of recreation is not new, the participation levels associated with inline, BMX, mountain biking and skateboarding have climbed to exceptional levels over the last 20 years.
The inclusion of ‘Action Sports’ in the planning process benefits the whole community by making children, youth and adults that participate in these activities feel valued. Developing a youth park strategy that includes action sports programs and facilities will introduce new experiences and challenges for a broad demographic that is often difficult to engage and/or overlooked in community parks planning.
Developing a successful youth park design requires a consultant to think and act in a way that respects the desires of future park users. This respect must be balanced with an understanding of construction tolerances, safety standards, community needs, security, and budget. NLS has a diverse and qualified staff who consistently seek new ways to achieve the expectations of the target user group while setting realistic goals, limits and deadlines.
Roc City Skate Plaza - Rochester, NY - American Public Works Association Excellence in Design Award Youth Park Design Philosophy...
Youth Park Design Philosophy...
Marina Park Skate Plaza - Thunder Bay, ON - Parks and Recreation Ontario Excellence in Design Award Packet Pg. 1307
10 TEAM ORGANIZATION
AND KEY STAFF
City of San Bernardino
Project Manager
Kanten Russell
New Line Skateparks Inc.
Project Manager and Lead Designer
Community Outreach
Concept Design
Team
New Line Skateparks
Kyle Dion
Kanten Russell
Mary Soria
Chris Long
Everett Tetz
Construction
Administration
Team
Technical Design &
Cost Estimation
Team
Local Youth and Community
As Prime Consultant and Lead Designer, New Line Skateparks, will direct all project action and self-perform all specialized skatepark community consultation, design, and technical design development for the project at hand. Our experience in the role as Prime Consultant has been proven in over 20 years of continuous execution of large-scale municipal skatepark projects in multiple jurisdictions throughout North America - with 100% project performance and an internationally renowned reputation for unsurpassed responsiveness, quality, and creativity.
Local Landscape Architecture support will be provided under the guidance of RHA with additional Civil Engineering support from CIVTEC who bring first hand experience in the region and a strong grasp of the City’s expectations and management protocol, excellent community context understanding, and full-service local LA and engineering support as needed throughout the project. No stranger to Skatepark/Action Sport development, RHA and CIVTEC have been working with our team for over numerous years on municipal concrete skate facilities across the Country.
New Line Skateparks
Kyle Dion
Kanten Russell
Mary Soria
Chris Long
Everett Tetz
New Line Skateparks
Kyle Dion
Kanten Russell
Mary Soria
Chris Long
Local Landscape Architecture Support
RHA Landscape Architects-Planners, Inc.
Doug Grove RLA LEED AP
Local Civil Engineering and as-needed
Survey Support
CIVTEC Engineering
Thomas E. Carcelli, P.E., Q.S.D.
FUTURE PROJECT PHASE
Packet Pg. 1308
11 Mr. Dion is the founder and President of New Line Skateparks Inc. He will be responsible for directing all action as it relates to project development. Mr. Dion is a seasoned active skateboarder and father of 5 children who has tirelessly dedicated himself to the promotion of action sports across North America and throughout the world. He serves as an executive board member of CASA (which will be coordinating CDN skateboarding’s debut in the 2021 Olympic Games in conjunction with the International Olympic Committee) and has provided his professional consulting and construction services for over 400 skate/ BMX parks across the United States, Canada, Europe, South America, and Australia. In addition to receiving numerous recognitions for his work (including the esteemed Canadian Society of Landscape Architects National Honour Award), Mr. Dion is regularly featured in prominent international media publications for his unique community recreation contributions.
Kyle Dion
New Line Skateparks - principal-in-charge
Kanten is a former professional skateboarder with over 14 years of international experience endorsing his pro model shoes and signature skateboards. After officially retiring from professional skateboarding, Kanten worked for the City of Chula Vista in the engineering/surveying department followed by a decade in the architectural design world serving as a skatepark development consultant. Since turning to design, Kanten has spent the last 15 years utilizing his knowledge of action sports on over 300 municipal youth park facilities, including skateparks, urban plazas, and progressive BMX pump tracks. Kanten’s specialized technical expertise is uniquely informed by his experience on the professional skateboard circuit and a father of 2 girls - resulting in creative material and surface choices as well as compelling variations in flow, and complexity of obstacles.
Kanten Russell (90% time available)
New Line Skateparks - project manager and senior skatepark designer Doug Grove PLA, LEED AP (60% time available)
RHA Landscape Architects-Planners, Inc. - director / principal landscape architect Mr. Grove is President, Principal Landscape Architect, and LEED Accredited Professional with RHA Landscape Architects-Planners, Inc. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. A professional Landscape Architect for over 37 years, his wide range of experience in the public works sector includes in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.
No stranger to skateparks, Doug has led and supported design efforts on several projects in the region including the Lake Elsinore Park completed with our team.
Thomas E. Carcelli, P.E., Q.S.D. (30% time available)
CIVTEC Engineering - principal in charge
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects.
His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design.
CIVIL ENGINEERING
CONSULTING
civTEC
999 Corporate Dr., Suite 100
Ladera Ranch, CA 92694
p: 949.463.8822
e: [email protected]
www.civtec.net
Thomas Edward Carcelli, P.E., Q.S.D.
Principal
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design.
Sample Grading design
Project Utility design (including water and sewer)
Capabilities Hydrology/hydraulic calculations and reports with storm drain design Street design ith plan/profile
Packet Pg. 1309
12 Tony Misiano (40% time available)
New Line Skateparks - construction project manager
Tony Misiano is high-level skateboarder and construction project manager with over 10 years of successful concrete skatepark development experience across the United States. Tony personally oversees all cost estimation and construction operations from first shovel through to grand opening to ensure full continuity and quality control through each phase of development. Tony is an ACI Certified Shotcrete Nozzlemen, a licensed General Contractor, COR Safety and ISO 90001 compliance trained, and will serve as construction estimation manager for the new skatepark in Speicher Park
Michael Hunter
New Line Skateparks - director of operations
Michael Hunter is the Director of Operations for New Line Skateparks. He is an avid outdoors enthusiast, recreational skier, mountain biker and developing skateboarder. Mr. Hunter’s background includes a university education specializing in sport performance and has been recognized for his business development and leadership throughout his career. He has over 15 years of management and construction experience across various sectors (nationally and internationally). Mr. Hunter’s role is to successfully deliver all of the services that New Line Skateparks offers. This includes the leadership and management of all operational staff (design and construction teams), project scheduling, quality control as well as client and partner relations.
Trevor Morgan BComm
New Line Skateparks - vice president
Mr. Morgan is an active skateboarder with over 20 years of large-scale municipal project development experience. His dedicated work has contributed to the creation of over 150 highly recognized ongoing youth organizations, public skateparks, and emerging sport programs across the United States, Europe and South America. Mr. Morgan is also an internationally respected speaker on the subject of municipal youth park / wheeled sports facility planning - presenting on a regular basis to State/Provincial planning and recreation organizations across North America. In addition to his role as Director of Business Development, Trevor is responsible for assisting with community needs analysis and facility development strategy.
Packet Pg. 1310
13 Everett Tetz
New Line Skateparks - manager of community outreach and programming education Everett Tetz is a former Vice Principal of the Red Deer Public School district. He has a breadth of experience working with youth and was an active member of the provincial Diversity, Equity and Human Rights committee for several years. Everett has a passion for re-thinking the way we connect with youth and believes that their involvement in education and community needs to be meaningful and authentic. In 2013, Everett created Skate Class - a school based skateboarding program that is the first of its kind in North America with it’s own locally approved curriculum. Everett has since launched a non-profit organization that seeks to connect marginalized populations to their communities by providing mentorship, training, and support, through skateboard programming and outreach. Everett is eager to connect with communities across Louisiana interested in involving youth, community agencies and other stakeholders in the planning, designing and building of custom skatepark facilities and exploring a variety of programming opportunities. As a valued-added service for the project at hand, Everett will be available to meet with local programmers/ School Administrations and share the Skate Class curriculum, and assist the City with exploring the creation of other sustainable/ongoing, community-driven skatepark programming initiatives.
Chris long is a detailed oriented EIT with a passion for action sports. A long time skateboarder himself, his work on countless skateparks / youth park facilities has built his reputation as a leader in the field. After three years as Civil Designer for a top-tier multinational engineering firm, Chris joined the New Line team where he now provides civil engineering support for skateparks across North America. Chris is driven to design synergistic skatepark environments that leave a lasting impact on the local community and fulfill the overall vision of the project Owner.
Mary applies her knowledge and passion for highly usable, sustainable and evocative environments to the design and construction of municipal skateparks throughout the United States and Canada. She has extensive skill with computer-aided drafting techniques, which she leverages in the creation of conceptual assets and construction drawing packages. Mary values collaboration and strives to ensure each park meets the needs of its end users.
Chris Long EIT (80% time available)
New Line Skateparks - technical designer
Mary Soria (80% time available)
New Line Skateparks - technical designer
Packet Pg. 1311
Sr Skatepeark Designer and Project Manager
KANTEN RUSSELL
Kanten is a former professional skateboarder with over 12 years of international experience endorsing his pro model shoes and signature skateboards. After officially retiring from professional skateboarding, Kanten interned for the City of Chula Vista in the engineering/surveying department, where he is also a resident, followed by an extensive career in the architectural design world serving as a skatepark development consultant.
Since turning to skatepark design, Kanten has spent the last 15 years utilizing his knowledge of action sports on over 300 municipal youth park facilities, including skateparks, urban plazas, and progressive pump tracks.
Kanten’s specialized technical expertise is informed by his experience on the professional skateboard circuit - resulting in creative material and surface choices as well as compelling variations in flow, and complexity of obstacles. Kanten’s most recent local San Diego county projects include the Escondido Skate Spot, Calavo All wheel skatepark in Spring Valley, and the Alpine all wheel skatepark & bike park. Kanten has also a breadth of experience designing integrated green water management systems and will serve as the project manager for the project at hand.
PROFESSIONAL EXPERIENCE
SENIOR PROJECT MANAGER
NEW LINE SKATEPARKS
SEP 2018 - PRESENT · 4 YRS
SAN DIEGO, CALIFORNIA
ACTION SPORT DESIGN LEADER,
PROJECT MANAGER
STANTEC
APR 2012 - SEP 2018 · 6 YRS 6 MOS
SAN DIEGO, CALIFORNIA
DESIGN PRINCIPAL
ASD - ACTION SPORT DEVELOPMENT
MAR 2010 - MAY 2012 · 2 YRS 3 MOS
CARLSBAD, CALIFORNIA
SKATEPARK DESIGNER/PRO
SKATEBOARDER
SITE DESIGN GROUP
NOV 2006 - MAR 2010 · 3 YRS 5 MOS
SAN DIEGO, CALIFORNIA
MAPPING- DRAFTING
HUNSAKER AND ASSOC.
MAY 2005 - NOV 2006 · 1 YR 7 MOS
SAN DIEGO, CALIFORNIA
EDUCATION
AS, Engineering Survey & CAD Design,
Cuyamaca College, San Diego, California
PROJECT EXPERIENCE
(project values $300,000 - $3.5 Million)
Amelia Mayberry Skatepark, Whittier CA (2021)
Encinitas Community Park Skate Plaza, Encinitas, CA (2015) City Heights Skatepark, San Diego (2018)
Huntington Beach Skate Spot (2021)
Birmingham CityWalk Skatepark, Birmingham AL (current)
C.J. Smith Skatepark, Newnan GA. (2021)
Milpitas Skate Park Feasibility Study, Milpitas, CA (2016) USMC – Miramar Outdoor & Adventure Park, San Diego, California (2015) Perkins Road Extreme Sports Park (Baton Rouge, LA) 2011 Harmon Memorial Skatepark, Prairie Village, KS (current) Seattle Center Skatepark Redevelopment, Seattle WA (current) Greeley Skatepark Network (3 parks), (2019)
Ypsilanti Skatepark, Ypsilanti, Michigan, (2019)
Rochester Urban Skate Park, Rochester, NY (2019)
Reservation Road Skate Park, Boston, MA (2019)
Washington Park Skate Park, Albany, NY (2013)
Lynch Family Skate Park, Cambridge, MA (2015)
Skate Corridor & Pump Track at Smith Playground, Boston, MA (2018) Sandwich Skate Park, Sandwich, MA (2019)
AWARDS
2018 ASLA New York Upstate Chapter Merit Aware, Planning and Analysis (Rochester Urban Skate Park)
2017 American Public Works Association (APWA) Creative & Innovative under 50,000 ft2 (Manhattan Beach )
2016 California Parks & Recreation Society Award (CPRS) District 12, Best New Facility (Encinitas Community Plaza and Skate Plaza)
2014 California Park & Recreation Society Award of Excellence, Alga Norte Community Park (Skate Park)
2014 American Public Works Association Project of the Year (Alga Norte Community Park (Skate Park)
Packet Pg. 1312
Mr. Dion is the founder, president and principal designer of New Line Skateparks. He is a seasoned active skateboarder and father of 5 who has tirelessly dedicated himself to the promotion of skateboarding/action sports across North America and throughout the world. Kyle has provided his professional consulting and construction services for over 300 high profile municipal skateparks across the United States, Canada, Europe, and Australia. In addition to receiving numerous recognitions for his work (including the esteemed Canadian Society of Landscape Architects National Honor Award), Mr. Dion is regularly featured in prominent Canadian and international media publications for his unique community recreation contributions.
Project exPerience
(project values $300,000 - $2.5 Million)
NE Community Skatepark - Frisco, TX
Lafayette Skate Plaza - Los Angeles, CA
SOMA Skate Plaza - San Francisco, CA
Helen McCall Skatepark - Walton County, FL
Plaza at the Forks - Winnipeg, MB
Calgary Skateboarding Amenities Strategy - Calgary, AB
Banff National Park Skatepark - Banff, AB
Lake Wilcox Youth Park - Richmond Hill, ON
Gellert Community Skatepark - Halton Hills, ON
Vancouver Skate Plaza - Vancouver, BC
Chuck Bailey Youth Park - Surrey, BC
Seattle Center Skatepark - Seattle, WA
Kensington Skatepark - Vancouver, BC
Melfort Skatepark - Melfort, SK
Chinook Winds Skatepark - Airdrie, AB
Station One Skate Plaza - Saint John, NB
Fredericton Downtown All Wheel Plaza - Fredericton, NB
Seattle Center Skatepark - Seattle, WA
South Kitsap Skatepark - Port Orchard, WA
House Park Skate/BMX Park - Austin, TX
Umea Skatepark - Umea Sweden
Professional aWarDs
CSLA - Regional Honor Award - Vancouver Skate Plaza
CSLA - National Honor Award - Plaza at the Forks
Skaters for Public Skateparks - Public Space Award - Plaza at the Forks Parks and Recreation Ontario - Excellence in Design Award Texas Recreation and Parks Society - Excellence in Design Award CSLA National Citation - Calgary Skateboarding Amenities Strategy American Shotcrete Association - Outstanding Shotcrete Award Additional Project Experience Listing Available Upon Request President and CEO / Director of Skatepark Development
KYLE DION
Professional exPerience
New Line Skateparks
Langley, BC / Edgewater, FL
President / Principal Designer
2001 - Present
Puzzled Skate Movement
Maple Ridge, BC
President
1997 - 2001
City of Maple Ridge
Maple Ridge, BC
Youth Program Specialist
1994 - 1997
Luxton Designs
Perth, Australia
Project Manager
1990 - 1994
Professional affiliations
American Shotcrete Association
Skateboard Canada
(Board Member)
Packet Pg. 1313
EIT / skatepark designer
CHRIS LONG
PROJECT EXPERIENCE
(project values $300,000 - $2.5 Million)
Amelia Mayberry, CA (2020)
Escondido, CA (2020)
Town Park Phase 2, Oakland, CA
Reservation Road Skate Park, Boston, MA (2019)
Skate Corridor & Pump Track at Smith Playground, Boston, MA (2018) Brattleboro Skatepark, Brattleboro, VT (2019)
Oakcrest Cove Skatepark and Muti-Use Facility, Sandwich MA T.J. O’Grady Memorial Skate Park Bowl Phase, Acton, MA (2018) T.J. O’Grady Memorial Skate Park Phase Two, Acton, MA (2019) Falmouth Skatepark, Falmouth MA (2018)
Jamaica Plain Skatepark, Boston, MA (2018)
Ryan Brennan Memorial Skatepark, Salem MA (2018)
Washington Park Skate Park, Albany, NY (2017)
Fundraising Campaign for the Rochester Urban Skate Park, Rochester, NY (2017- 2018)
LaGrange Skatepark, LaGrange, GA (2018)
Colgate Action Park Master Plan, Clarksville IN (2018)
McIntire Skatepark, Charlottesville VA (2017)
Eagan Skate Park, Eagan, MN (2018)
Cloquet Skatepark, Cloquet, MN (2018)
Burnsville Lions Skatepark, Burnsville MN (2017)
Ojibway Skatepark Phase Two, Woodbury, MN (2018)
Davis Pump Track, Davis, CA (2018)
Serenity Pump Track, Lake Elsinore, CA (2017)
Carlsbad Adventure Park Feasibility Study, Carlsbad, CA (2017)
EDUCATION
Worchester Polytechnic Institute
Bachelor of Science in
Civil Engineering
GPA 3.88/4.0
PROFESSIONAL EXPERIENCE
Newline Skateparks
San Diego, CA
Civil Park Designer
July 2019 – Present
Stantec Consulting
Boston, MA
Civil Designer
2016 – 2019
Tighe & Bond
Middletown, CT
Staff Engineer
2015 – 2016
PROFESSIONAL AFFILIATIONS
Boston Society of Civil Engineers
Active General Member
Additional Project Experience Listing Available Upon Request Chris long is a detailed oriented EIT with a passion for action sports. A long time skateboarder himself, his work on countless skateparks / youth park facilities has built his reputation as a leader in the field. Chris recently made the transition from Stantec Consulting (Action Sports Division) after three years in his role as Civil Designer and joined the team of New Line Skateparks where he now provides civil design support for parks across North America.. Chris is driven to design synergistic skatepark / youth park environments that leave a lasting impact on the local community and fulfill the overall vision of the project owner.
Packet Pg. 1314
PROJECT EXPERIENCE
(project values $300,000 - $2.5 Million)
Amelia Mayberry, CA (2020)
Escondido, CA (2020)
Town Park Phase 2, Oakland, CA
Caledonia Centre Skate/BMX Park, Caledonia, ON (2015)
Greeley Skatepark Network (3 parks), (2019)
Ypsilanti Skatepark, Ypsilanti, Michigan, (2019)
Rochester Urban Skate Park, Rochester, NY (2019)
Rochester Urban Skate Park Concept Feasibility Study, Rochester, NY (Current) Lynch Family Skate Park, Cambridge, MA
Milpitas Skate Park Feasibility Study, Milpitas, CA
Brea Skate Park Renovations, Brea Park, CA
Alga Norte Community Skate Park, Carlsbad, CA
Encinitas Community Plaza and Skate Park, Encinitas, CA Lindo Lake Skate Park, Lakeside, CA
Glendale Skate Park, Glendale, CA
Haldimand County Skate Plazas, Haldimand County, Ontario, CA Heritage Skate Plaza, St. Cloud, MN
Goodman Skate Park, Madison, WI
Appleton Skate Park at Telulah Park, Appleton, WI
Hart Park Skate Park, Wauwatosa, WI
Poplar Bluff Skate Plaza, Poplar Bluff, MO
PROFESSIONAL EXPERIENCE
New Line Skateparks
San Diego, CA
Landscape Designer
2018 - Present
Stantec, Action Sports Group,
Designer
2012-2017
John Hanna and Associates
Designer
2003-2011
Additional Project Experience Listing Available Upon Request Landscape Designer
MARY SORIA
Mary brings her knowledge and passion for highly-usable, sustainable, and evocative environments into the design and construction of skateparks all across the United States and Canada. She has extensive knowledge in computer-aided drafting techniques which she implements into the creation of conceptual assets and construction drawing packages.
She values collaboration and strives to ensure each park meets the needs of its end users. Recently Mary has provided designs for the highly anticipated Encinitas Skatepark and the new Park De La Cruz Skate Plaza in southern California.
Packet Pg. 1315
KEY PERSONNEL RESUMES – Doug Grove
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 – (951)781-1930 – (951) 686-8091 – www.rhala.com Doug Grove, RLA, ASLA, LEED® AP
President
Education:
BS/1985/Landscape Architecture/
Cal State Polytechnic University, Pomona
Active Registration:
1987/Landscape Architect/2799/State of California
LEED Accredited Professional – United States Green Building Council (USGBC) Mr. Grove is President, Principal Landscape Architect, and LEED Accredited Professional with RHA Landscape ArchitectsPlanners, Inc. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. A professional Landscape Architect for over 37 years, his wide range of experience in the public works sector includes in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.
Mr. Grove has established his ability to work efficiently and professionally throughout all aspects of project development.
His extensive experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating public meetings, design development, and approval on numerous public works and parks projects as well as following through with obtaining all other necessary approvals needed for final drawing and project completion.
Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as the President Elect. He also serves on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside and the Building Industry Association (BIA) Riverside County. He is a past President of the CPRS State Development and Operations Section and a past Board Member for the United States Green Building Council – Inland Empire (USGBC-IE).
Representative projects include (partial list):
• Moreno Valley Community Park Skatepark, City of Moreno Valley • Jane Reynolds Skatepark, City of Lancaster
• Fergusson Park Skatepark, City of Rialto
• Serenity Park Pump Track, City of Lake Elsinore
• Concourse and Mountain View Park Renovations, City of Lake Forest • Norco Ridge Ranch Park, City of Norco
• Stagecoach Park, City of Corona
• Machris Park, Town of Yucca Valley
• Hi-Desert Park, Town of Yucca Valley
• Twila Reid & John Marshall Parks Renovation, City of Anaheim Packet Pg. 1316
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Park Design and Development Experience
Jane Reynolds Skatepark
RHA lead a design team in the preparation of the Jane Reynolds Skatepark in Lancaster, California. The 16,000 sf facility was the first skatepark to be built in the city. RHA worked closely with a skate park company to lead the city staff and residents through a comprehensive planning process and then develop construction drawings to develop a one-of-a-kind facility. The project was completed in February 2020 and there were over 200 people at the Grand Opening.
Client: City of Lancaster
Contact: Nicole Jones - (661) 723-6173
Construction Cost: $1,100,000
Principal-in-Charge: Doug Grove
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…civTEC resume7
CIVIL ENGINEERING
CONSULTING
civTEC
999 Corporate Dr., Suite 100
Ladera Ranch, CA 92694
p: 949.463.8822
e: [email protected]
www.civtec.net
Thomas Edward Carcelli, P.E., Q.S.D.
Principal
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design.
Sample Grading design
Project Utility design (including water and sewer)
Capabilities Hydrology/hydraulic calculations and reports with storm drain design Street design with plan/profile
Preparation of LID, SUSMP and WQMP Reports with associated design (including types of retention/detention and treatment systems) Preparation of SWPPPs
Site field survey with or without aerial topography
EIR study data and feasibility study data
Preparation of Tentative and Final Maps
Preparation of easements and condo plans
Preparation of bid documents and specifications
Preparation of engineering cost estimates
Sample Business Parks: Bacchus, Irvine, CA - 12.5 acres Project Car Dealerships: Lexus, Mission Viejo, CA – 4.4 acres Experience Mossy Nissan, Poway, CA – 4.1 acres
(with Corp. Hdqtrs,: First American Financial, Santa Ana, CA – 28 acres current GIA Parking Lot Exp., Carlsbad, CA – 5 acres
and Museums: Bowers Museum – Kennedy Wing, Santa Ana, CA – 2.4 acres previous Regional Parks: Central Park, Santa Clarita, CA – 110 acres firms) Encinitas Community Park, Encinitas, CA – 43 acres Esencia Sports Park, Rancho Mission Viejo, CA – 28 acres Neighborhood Parks: Bommer Canyon Cattle Camp, Irvine, CA – 2.6 acres Adventure Play Area, Yorba Linda, CA – 2.3 acres
Portola Park, Lake Forest, CA – 5.5 acres
Senior/Comm. Ctrs: JARPD Rec. Center, City of Jurupa Valley, CA – 9 acres Norman P. Murray Center Expansion, Mission Viejo, CA – 12.5 acres Oasis Senior Center, Newport Beach, CA – 5 acres
Streetscapes: Muirlands Blvd. Median Renovation, Mission Viejo, CA Office Buildings: Nexus Twin Towers, Santa Ana, CA – 6.1 acres Schools: Hector G. Godinez Fundamental H.S., Santa Ana, CA – 29.4 acres Rancho Santiago Community College District Office, ADA Compliance, Santa Ana, CA
Employment September, 2015 to present ---------------------------civTEC, Ladera Ranch, CA History May, 1996 to August, 2015 -----------------------------MCE Consultants, Ladera Ranch, CA November, 1994 to April, 1996------------------------Penco Engineering, Inc., Irvine, CA July, 1991 to March, 1994 -------------------------------Cash & Associates, Huntington Beach, CA Education B.S. - Civil Engineering, University of California, Irvine, 1988 M. Arch., California State Polytechnic University, Pomona, 1994 Registration Licensed Professional Engineer – California RCE #81640 Qualified SWPPP Developer (QSD) – C-81640
Affiliations ASCE - Member
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City of Carlsbad | Veterans Memorial Park | Carlsbad, CA The City of Carlsbad is constructing an approximately 38-acre park on a hillside 93-acre parcel of land. The park amenities include parking, 2 rubberized tot lots, 4 separate play areas for various age levels, hiking and walking trails, restrooms, and a 3.5-acre bike park. civTEC is providing Civil Engineering Construction Documents and Reports.
City of Hemet | Gibbel Park Skatepark | Hemet, CA
The City of Hemet is constructing a skate park on an existing park site. The existing site is relatively flat but the new skatepark will be raised from the existing grade so expected elevation differences for the users is provided. The runoff from the skatepark will also be treated as required by the current NPDES permit.
civTEC is providing Civil Engineering Construction Documents and Reports.
City of Newport Beach | Library Lecture Hall | Newport Beach, CA The City of Newport Beach is constructing a 300-seat lecture hall adjacent to their main library within their Civic Center complex. The proposed work requires removal and relocation of existing water treatment facilities, removal and realignment of a portion of an existing parking lot, removal and realignment of an existing storm drain main line and removal and realignment of existing water and sewer lines that service the existing library. civTEC provided the Field Survey and is providing Civil Engineering Construction Documents and Reports.
City of Ontario | Anthony Munoz Community Center | Ontario, CA The City of Ontario has demolished the existing Community Center at Anthony Munoz Park and constructed the new Anthony Muñoz Community Center. The renovation increased the center’s size from 2,500 square feet to approximately 13,000 square feet. The new complex included improvements to the existing parking lot and provides for total renovation of an existing tot lot on the park site north of the new Community Center.
civTEC provided the Field Survey and Civil Engineering Construction Documents and Reports.
Jurupa Area Recreation and Parks District | JARPD Rec. Center | Jurupa Valley, CA A new 21,730 s.f. community center was constructed on an 8-acre site that was previously farmland. The complex includes a 300+ person multi-purpose room, catering kitchen, restroom facilities, recreation classrooms/meeting rooms. The project also includes parking for 297 cars and a connection to the existing Vernola Park to the north. civTEC provided the Field Survey and Civil Engineering Construction Documents and Reports.
Rancho Mission Viejo Company | Esencia Sports Park | Unincorporated Orange County, CA A new approximately 24-acre sports park was constructed on two large rough graded pads. The park amenities include a pool area, tennis courts, synthetic soccer fields, 4 baseball fields, concession building, restroom/pool building, parking, and included trail access throughout the site.
civTEC provided Civil Engineering Construction Documents and Reports.
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FRISCO SKATEPARK
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EXPERIENCE
RELEVANT
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24 Amelia Mayberry Skatepark Whittier, CA
New Line Skateparks was excited by the opportunity to collaborate with RJM Design Group Inc, in the design of the new 16,000 square foot skatepark at Amelia Mayberry park in Whittier, CA. The product of public advocacy and planning by the Municipality, this modern, fully integrated and site specific concrete skatepark has already become a celebrated facility for local community and a destination for riders across the region.
This skate plaza has a - less is more - open concept with intersecting lanes that address the request from locals to have a variety of ledges and rails. The urban style terrain pays homage to what locals enjoy skating in the streets of Whittier. Having a balance of banks and transitions for continuous open flow with a variety of elevation changes and an organic flow bowl, provides a great riding experience for beginners and experienced users throughout the entire skatepark.
Team Responsibilities:
- site analysis
- public process
- conceptual and final design
- construction administration
Project budget: ~$950,000
Timeline: Jan. 2018 - Jan. 2020
(Completed on Time)
Client: Whittier, CA. Sean Sackett. Departmental
Facilities Planner - Los Angeles Department of
Parks and Recreation Office: (626) 588-535
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25 Amelia Mayberry Skatepark
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26 Escondido Skate Spot Escondido, CA
Community Park
Design is currently underway for the newest skatepark
in Escondido California. this “skate spot” goes beyond
your typical footprint with roughly 7,500 square feet of ridable terrain. This inclusive space contains plaza inspired elements such as integrated brick, ledges and rails along with enough transition pieces to appeal to
any style of user. With a comprehensive community
outreach process lead by our team and key subconsultants, Kimley-Horn, stayed tuned as the design is finalized and the park moves towards construction. We
are honoured to be a part of this important project that will surely be a mainstay for local residents and visitors alike.
Project Budget: $440,000
Timeline: September 2020 - August 2021 (
Completed on Time)
Client: City of Escondido
Danielle Lopez Assistant Director 760-839-6269
Team Responsibilities:
- site analysis and public consultation
- conceptual and final design
Conceptual Renderings
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27 Lafayette Skate Spot Los Angeles, CA
Skate Spot
In December 2006, the Rob Dyrdek – DC Shoes Plaza Foundation formally retained New Line Skateparks Inc. as a facility development consultant to continue in the creation of a nation-wide network of urban skate plazas and skate spots.
Below are photos of the first official Safe Spot Skate Spot created within the City of Los Angeles. The terrain is designed to be truly authentic and enduring - capturing the timeless qualities of the natural urban landscape out of which skateboarding was born, and will endlessly evolve around. Each facility is intended to create a meaningful connection to between skateboarders and their surrounding community.
Project Budget: ~ $110,000
Timeline: Dec 2008 - Feb 2009
Client: Rob - DC Shoe Co Plaza Foundation / City of Los Angeles
Team Responsibilities:
- site analysis and public process
- conceptual and final design
- contract administration
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28 C. Jay Smith Skate Plaza & Pump Track Newnan, GA
The City of Newnan’s highly anticipated new regional skatepark is soon to be constructed. Located in the city’s beloved C. Jay Smith Park, the park features ~ 30,000 sqft of unique urban plaza terrain, a world-class bowl unit, and expansive concrete pump track area punctuated by multiple green islands. Along with a one-ofa-kind hardscape configuration detailed with the City’s colors, the greater park will also offer visitor parking, restrooms, an adventure playground, splash park, custom site furnishings, and linkages to public transit and pathways. The park is will serve among the region’s largest and most progressive youth facilities - attracting visitors from across the Country and serving as an appealing venue for high-level action sports contests, demonstrations, and events.
Project Budget: $1,900,000
Timeline: Fall 2020 - Summer 2021
Client: City of Newnan, Cleatus Philips - City Manager, [email protected]
Team Responsibilities:
- site analysis and public process
- conceptual and final design
- full construction services
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29 C.J. Smith Skatepark continued
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30 Ed Benedict Skate Plaza Portland, OR
Community Park
This distinctly organic design features approximately 16,000 sqft of skateable terrain punctuated by a series green channels, sand filtration planters and two major biofiltration islands for natural onsite treatment of stormwater. The project serves as Portland’s first legitimate plaza based facility and one of the Pacific Northwest’s first ‘green’ skateparks. The design was developed in close collaboration with artists from Portland’s local skate community and features a number of custom sculptural elements, stamp patterns and diverse material combinations. In 2009, the project was profiled in the New York Times for its innovative sustainable design practices.
Project Budget: ~ $500,000
Timeline: Fall 2007 - Fall 2008
Client: City of Portland
Team Responsibilities:
- site analysis and public process
- conceptual and final design
Tread Lightly
urban art project
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31 Ed Benedict - continued...
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32 Greeley Skatepark Network Greeley, CO (3 Community Skateparks) (Project Manager / Superintendent Kanten Russell)
In 2018 the City of Greeley retained New Line Skateparks to create not just one, but a network of three modern concrete skateparks strategically distributed throughout the city. This master-planned development allows the majority of Greeley residents to have access to a skatepark within just over a mile of their residence - each with a distinct character, unique terrain style and site integration approach.
Informed by an exciting community engagement process consisting of a series of interactive design workshops and open house sessions, the final design program resulted in a Flow/Transition oriented Facility at Centennial Park, an expansive modern Street-Style Plaza at 3rd Street, and a versatile Skate Spot (existing concrete slab retrofit) at Peakview Park. Our team also collaborated closely with the City’s Public Art program to incorporate custom installations by sculptor Joshua Goss into each facility footprint.
Team Responsibilities:
- site analysis
- public consultation
- conceptual and final design
- full construction services
Project Budget: ~ $1,800,000
Timeline: Winter 2018 - Spring 2020
Andy McRoberts, CPRE
Director - Culture, Parks and Recreation
970-350-9425
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33 Greeley Skatepark Network continued
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34 CityWalk Skatepark Birmingham, AL
After years of local advocacy, the residents of Birmingham are getting an new integrated skatepark and cultural meeting area as a part of the expansive CityWalk development.
Working closely with Barge Design Solutions, ALDOT,
the City and local stakeholders, the skatepark solution not only fits the thematic structure of the rest of the City-Walk development but will offer completely unique experience within this landmark urban environment. The complex underviaduct design includes a balanced mix of transition, flow and street obstacles while adhering to the traffic, inspection and pedestrian pathway requirements of ALDOT and the City.
With a footprint of over 56,000 sqft, the massive bowls, curbs, wall rides, stairs and ledges will appeal to any style of rider.
Timeline: Spring Spring 2020 - Summer 2022
Budget: ~$3 Million
Client: Barge Design Solutions Paul Darr PLA, ASLA
LANDSCAPE ARCHITECT (615) 252-4240
Team Responsibilities:
-site analysis and public process
-conceptual and final design
-construction administration
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36 State College Skate Plaza State College, PA
Working closely with the local professional skate community, advocates and planners, the concept for the new State
College Skate Plaza has been conceived. The first of its kind in the region, the plaza exemplifies what is possible for integrated all wheel sport environments. Pulling inspiration from its pristine setting; natural stone, native flora and the use of historic brick and paving stones create a fitting urban aesthetic while offering highly compelling ridable terrain.
The landscaping plan has been developed through a close relationship with local biologists and offers a greener path towards water management with the implementation of rain gardens and biofiltration swales. Stay tuned as the project moves towards construction breaking ground on what will surely be a destination for locals and visitors alike.
Timeline: Current
Budget: ~ $1,500,000
Client: Borough of State College and Skatepark Committee Team Responsibilities:
-site analysis and public process
-conceptual and final design
-construction TBD
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38 SoMa Skate Plaza San Francisco, CA
Destination Park
Located at the corner of Duboce and Stevenson in Downtown San Francisco, the soon to be constructed SoMa Skate Plaza embodies the culmination of over two years of planning and coordination between the local skate community, civic and state government agencies and members of our international consulting team. The plaza offers an expansive combination of features inspired by local spots such as Channel Street, 3 up 3 down and the iconic Justin Herman Plaza - resulting in a unique, world class urban skate destination with an unmistakable San Francisco feel. The first round of concept renderings are shown below. After several years of planning, design engineering, permits and approvals, SoMa Skate Plaza was finally opened to the skateboarding universe in summer 2014.
Project Budget: ~$800,000
Timeline: Fall 2008 - Summer 2014
Client: City of San Francisco, Koa Pickering, 415.554.5810 Team Responsibilities:
- site analysis and public process
- conceptual and final design
- site inspection and contract administration
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39 Rob Dyrdek’s Fantasy Factory Los Angeles, CA
Training Facility / MTV Film Set
Professional skateboarder, philanthropist and MTV star, Rob Dyrdek is at it again! Filming is now underway for Rob Dyrdek’s Fantasy Factory - the follow up to the original hit MTV show Rob and Big.
Below are original photos of the Fantasy Factory’s Skate Plaza - an approx 8,000 sqft concrete oasis our team designed to serve as a private training facility and skateable entry to Rob’s corporate offices. The plaza features a unique blend of natural stone and integral coloured concrete brought to life in a myriad of custom street elements.
Project Budget: Undisclosed
Timeline: September 2008 - 2011
Client: Rob Dyrdek
Team Responsibilities:
- conceptual design
- final design
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40 Banff National Park Skatepark Banff, AB
Destination Park
Another first for international skateboarding and BMX... The completion of the Banff Skatepark marks the introduction of the first integrated public concrete skatepark within a North American National Park setting.
Part of the UNESCO Rocky Mountain Parks World Heritage Site, Banff National Park is Canada’s largest and most renowned National Park with over 3 million visitors a year making the pilgrimage from across the globe. Recognizing the importance of the site and gravity of the unprecedented development opportunity at hand, our team embarked on an intensive 12 month design and construction process involving local skateboarders, civic officials, and planning experts from Parks Canada.
Along with achieving a world-class selection of modern skatepark and pumptrack style terrain, critical environmental stewardship, wildlife preservation, and architectural control requirements had to be addressed in a manner fitting for Banff’s unique ‘heart’, culture, and breathtaking surroundings. The result is a facility of global significance, demonstrating a thoughtful balance of compelling skateable architecture, sustainable design, and signature accents that reflect the best of Banff’s unmistakable character.
Project Budget: $1,185,000
Timeline: Spring 2017 - Spring 2018
Client: Town of Banff
Team Responsibilities:
- site analysis and public process
- conceptual and final design
BANFF NATIONAL PARK
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42 The Plaza at the Forks, Winnipeg MB
Size: 48,000 sqft.
Budget: $2.5 Million
Timeline: Feb 2005 - July 2006
Owner: Forks Renewal Corp.
Team Responsibilities:
- site analysis and public process
- park programming
- conceptual and final design
- speciality construction services
- project management
The concept for the Plaza was unique from the onset. The Forks, aptly named due to its position marking the amalgamation of Assiniboine and Red rivers, serves as one of Winnipeg’s preeminent meeting places. The area is steeped in over 6000 years of cultural and historical significance and is visited by over 4 million people each year for a range of attractions and activities. Accordingly, the riverside setting is highly programmed with stringent development guidelines and a commitment to utmost site sensitivity. Our team’s challenge was to preserve the essence of this beloved public space while introducing a thoroughly modern world class youth/skatepark.
Covering a total area of over 44,000 square feet, the Plaza at the Forks consists of a meticulously detailed skateable sculpture plaza and expansive modern bowl complex tied seamlessly into the heart of downtown Winnipeg’s urban fabric. The facility is the first of its kind within the world and has quickly become one of Winnipeg’s most celebrated public places and a destination for skateboarders and other urban explorers from around the globe.
Canadian Society of Landscape
Architects
National Honour Award
Skaters for Public Skateparks
Public Space Award
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43 The result is an urban landscape like no other. Far from the typical skatepark, the Plaza at the Forks is better described as a premier urban park/plaza and gathering place that is ‘perfect for skateboarding’. On any given day, one may see up to hundreds of visitors skateboarding, inline skating, biking, viewing art, strolling through, or simply sitting by to watch and socialize. It has truly become a place for all ages, back grounds, and interests to enjoy.
Central Plaza: Inspired by prized skate spots around the world and the rich history and culture of the Forks district, the main plaza area is made up of an endless combination of stair sets, banks, rails and ledges set within a host of custom sculptures and other art pieces - the majority of which may be ridden by skateboard, BMX or inline skates. Along with input from heritage and culture experts, our team undertook extensive consultation with leaders of the local skateboarding and art community to devise a final layout and detailing that would be optimal not only in skate function but also true to the culture and feel of the Forks and City of Winnipeg.
Particular highlights include:
-‘Spirit Fish’, a skateable sculpture designed to represent the nearby rivers and the mystical 6000 year old catfish that used to inhabit their waters - painted by local artist Pat Lazo -’Magic Carpet’, a super elevated and perfectly skateable concrete ribbon track referencing the railway lines that met at Winnipeg’s main terminal within the Forks until 1923 -Numerous granite capped benches, ledges and blocks
-Wire cut stone and acid etched concrete accents
-Original Forks brick inlaid on pedestrian walkways
The Plaza at the Forks, Winnipeg MB - continued...
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44 Bowl Complex: Separate and adjacent to the Central Plaza, lies an 8,500 sqft. bowl unit combining traditional pool and modern coping lines. Walls begin at 5 feet and progress through a series of hips, elevators, extensions, and a pump bump to a massive 17 foot cradle and 13 foot over-vert pocket. Ridden by beginners through to the likes of Tony Hawk (who recently touted the park as ‘amazing’), the bowl can often become the center of activity with hundreds of spectators in the surrounding informal viewing areas.
Our team finished the park off with unique lighting, a network of ‘safe’ pedestrian walkways and viewing areas, and consultation on the creation of an ‘Ambassadors’ program designed to educate visitors on skateboarding etiquette and ensure an enjoyable experience be had by all.
The entire project is built on state of the art construction and engineering designed to withstand the difficult ground conditions and dramatic temperature fluctuations characteristic of the region.
Proven cold weather skatepark construction techniques developed by New Line Skateparks were matched with innovative void forming and reinforcement technology implemented by PCL and local engineers. Over 200 precast piles, highly specialized concrete mix designs, and an expansive grade beam system will ensure maximum surface integrity over many decades to come.
The Plaza at the Forks, Winnipeg MB - continued...
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46 Seattle Center Skate Plaza Seattle, WA
Destination Park
Located under the city’s iconic Space Needle and
adjacent to Frank Gehry’s Museum of Pop Culture, the
new Seattle Center Skate Plaza will be a hub for street skateboarding in the Pacific Northwest region. As a
part of a multi-disciplinary team, New Line Skateparks
has developed a design that functions with complex site constraints, integrates native planting and materials in onsite stormwater treatment areas, includes custom lighting and artistic glass paneling, and will be able to evolve and grow as the neighborhood develops. This space
has been planned to fill the gaps in the greater Seattle skatepark network, with accessibility and inclusion as
top priorities in the design process. Working with local advocates including the youth non-profit Skate Like A
Girl, the new Seattle Center Skate Plaza will be a space for a diverse user group of different backgrounds and skill levels to feel welcome, with opportunities for progression and programming throughout the park. With the
community consultation and conceptual design process
now complete, New Line Skateparks is developing final
plans for construction with a grand opening scheduled for Summer 2021.
Project Budget: $1,300,000
Timeline: Spring 2019 - Summer 2020
Client: Seattle Center, Julia Levitt - julia.levitt@seattle .gov Team Responsibilities (Plaza Lead Designer):
- site analysis and public consultation
- conceptual and final design
- contract administration
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47 Public Consultation & Conceptual Design Throughout 2019, New Line Skateparks organized community design workshops and assisted with public outreach throughout the City of Seattle. Before any designing was done, hundreds of in-person and online surveys were completed to guide the process, then a set of diverse conceptual designs were developed for community input. These designs were reviewed and refined with the input of local advocates alongside the Seattle Center redevelopment commission.
Above: Site planning process maps Below: City-wide outreach strategy map Seattle Center Skate Plaza... continued
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UNDERSTANDING
PROJECT
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50 The residents of San Bernardino have determined the existing East Side Skatepark has outgrown its life-span and that the development of a new modern, integrated concrete skatepark would be a welcome addition to the City’s recreation offerings. The City has supported this initiative with the continued designation of a site, feasibility planning and a commitment of significant project funding. It is also understood that a large number of local skateboarders, ‘wheeled sports’ enthusiasts, community leaders and parents are standing by to provide creative input throughout the development process.
The proposed site for the skatepark will lie on the existing skatepark footprint in Speicher Memorial Park. The park currently offers multi-genrational leisure opportunities through connective pathways, play structures and ample passive green-space. Thus, introducing the new skatepark will require utmost sensitivity to the surrounding context and must enhance the overall park’s greatest qualities as espoused by Speicher Memorial Park’s various stakeholder groups and capitalize on the initial site analysis conducted by our team earlier this year. The existing pad must be assessed for potential retrofitting as it sustained partial damage from fire and repeated vandalism. Key components in this vein will include ensuring the new skatepark design integrates tactfully with all adjacent multi-use areas, connective pathways and addresses the aesthetic, accessibility, visibility, drainage, environmental sustainability, ADA, CPTED, and operations/maintenance concerns (ie. lighting, programming, hours, garbage, graffiti policy etc.) of the City and surrounding park residents.
Building upon the community feedback collected by the park’s department to date, we know that within each anticipated skatepark user group, there are a variety of styles, disciplines and ability levels - each with their own unique technical requirements. Based on this information, the park’s design will provide fun and challenging opportunities for skateboard, BMX, scooters, and inline skating athletes. We anticipate park terrain shall consist of a mixture of authentic modern street, transition/bowl, and organic flow features with an orientation towards beginner through advanced level users - all to be confirmed through an additional highly interactive consultation process with the community. Design considerations shall also address the opportunity for users to grow and progress in their skills as well as, take into account the parks’ ability to host demonstrations, programs, lessons and competitive events. Skateparks are amazing family facilities and great to watch, therefore, attention must also be given to safe pedestrian walkways, inviting viewing areas, tactful landscaping, and art/sculptural installations (rideable and otherwise) that capture the ‘story’ of what makes San Bernardino unique and special.
Views of the existing skatepark location from our May 2022 site visit and preliminary site analysis prepared by our team
PROJECT
UNDERSTANDING
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51 Within our proposed fee structure (please see envelope 2), the consulting team must ensure the completion of a thorough site analysis and in-depth community consultation program, creation of the concept design, completion of all working and as built drawings, ready for a specialized construction solution. The development process shall also support any additional fundraising initiatives and/or grant applications through the provision of timely 3D project concept images and other pertinent project information that may be leveraged for added financial support. Accordingly, the design team shall allow for potential facility phasing and additional amenities as the project progresses.
Having the design team become a ‘Partner’ with the City of San Bernardino, and ensuring a strong level of local community members participation.
Finally, it is understood that the entire development process shall be undertaken in close collaboration City representatives, local skaters, wheeled enthusiasts, and other local youth and community members. These stakeholders must be respected, fully engaged in the development process, and intimately understood by the skatepark development team.
In May 2022, our team made a site visit to the Speicher Park location and a subsequent preliminary site plan was prepared by RHA and New Line Skateparks addressing the feasibility of a skatepark redevelopment on the existing skatepark footprint with the potential for expansion. Additionally, 2-D conceptual sketches were prepared highlighting possible directions for the modern skatepark redevelopment.
San Bernardino has a very passionate and motivated local skate (all-wheel) community whose input will ultimately inform and direct the design direction for the project at hand. We believe that engaging local youth and interested community in a meaningful way throughout the design process will be critical to the project’s success.
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Scope of Work and
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HARMON PARK - PRAIRIE VILLAGE KANSAS C JAY SMITH SKATEPARK AND PUMP TRACK Packet Pg. 1351 54 Successful Community Engagement / Public Outreach In the Age of COVID-19 (When in-person meetings are not desired and/or possible) COVID-19 has prompted our team and the communities we serve to reexamine almost all aspects of our communication protocol in order to protect the health and well being of project stakeholders while ensuring the delivery of an outstanding public skatepark for the community.
While the Pandemic may limit the options for certain in-person meetings and larger public gatherings for the foreseeable future, it has not taken away our ability to deliver highly effective community engagement / input programs in the development of our public projects. Through sound planning and cooperation with our client partners, we continue to host productive public information sessions, design workshops, and ‘open houses’ through creative online platforms that are easy to access, simple to use, and ultimately meaningful and fun for the community.
Our proven tools include specialized web video conference software (ie. Zoom, GoToMeeting) and online survey resources (ie. Google Forms) that combine live public presentations and interactive Q&A options with focused attendee follow up opportunities via virtual feedback forms and questionnaires. Our Staff ensures smooth delivery and strong attendance for each online session by working closely with our clients on software familiarity and effective meeting promotion strategies.
The results of this approach speak for itself - with public participation at our online meetings in many cases rivaling or exceeding typical attendance figures at our pre COVID-19 in-person workshops/open houses.
Above : Screen Shots from our public concept
presentation conducted for the City of St. Albert
Woodlands Skatepark on April 28, 2020.
The online meeting included a 1hr live Zoom presentation and moderated Q&A hosted by New Line and City Staff. Following the presentation, attendees were directed to submit additional design feedback and comments via a custom online survey.
Approx 60 participants attended the live online presentation and over 160 participants completed the online survey.
A true community engagement success story!
OUR APPROACH
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55 1. Community Consultation: Our experience has shown that active participation by youth and other members of the community throughout the development process will be crucial to the long-term success of the project. For the San Bernardino Skatepark replacement, the call for stakeholder involvement will be equally important as there has been considerable community interest in the project and a significant commitment of municipal land, and future financing.
Thus, our team will approach this project from a collaborative point of view. We will engage the community throughout the design journey and bring a professional, organized and fun attitude. We want youth and affected community members to truly feel that they are a part of the project solution and build lasting ownership in the final product.
The design team will meet with City Staff and other local youth and community members through a series of key stakeholder meetings and ‘all are welcome’ design workshops/open houses. These sessions will allow us to introduce our team, establish open lines of communication and determine the ultimate design vision for the project. If a stakeholder cannot attend one of our in person sessions, then we will encourage them to contact us through email or our custom web surveys specifically created for this project. We will spare no resource to ensure that the experience of designing and building the skatepark is as rewarding as using the final product! Packet Pg. 1353
56 To effectively address these and other areas in an efficient manner, it will be critical to have experienced and effective facilitators working with the diverse stakeholder groups. Meetings must be led by individuals who not only intimately understand the subtleties and nuances of skateboarding and youth concerns but who also can relate issues back to area residents, seniors, business owners, civic officials etc.
Our team offers 3 individuals (Kyle Dion, Kanten Russell, and Everett Tetz) - each with 20+ years of individual experience working specifically in urban development, education and skatepark related planning. We will make certain all stakeholders first understand this unique project and then have an opportunity to be heard while keeping sessions productive and the project timeline ‘on track’.
Undoubtedly, many issues often arise. Typically, we see the following main concerns voiced:
- User conflicts/park flow/skatepark program development - Integration with site conditions
- Views from adjacent properties and facilities
- Noise reduction
- Park development/range of obstacles/features
- Accessibility to various skill levels, ages, and genders - Structural considerations
- Graffiti management
- Lighting strategy
- Places for socializing
- Attractive and challenging ‘hang-out space’ for teens - Parking
- Access to shelter, washrooms, food, water
- CPTED (crime prevention through environmental design) Packet Pg. 1354
57 Overall, engaging key stakeholders in a meaningful way early in the process will be a major key to the project’s success. We will seek to gather endorsements in a logical order and work to identify and focus on common goals to bridge gaps between stakeholder groups. Moreover, by researching local issues ahead of time and utilizing empirical information gained from other skatepark projects we have completed, we will strive to preempt many of the contentious issues that can arise from public misconceptions that often surround skatepark developments.
Based on our experience with similar projects, we propose conducting a minimum of 2-3 public design workshops and an ongoing series of internal meetings throughout the development program. This should provide ample opportunity to conduct an in depth design development program and allow stakeholders to view and understand the proposed skatepark design objectives. At each major meeting a combination of comprehensive hand sketches and 3D renderings will be used illustrate project details at different stages of development. This will in turn provide key stakeholders and the community with an accurate representation of how the skatepark will look and function within the site before moving forward to construction.
Part of our strategy will include using effective visual aids (color presentation panels, advanced 3D modeling, power point etc.) which illustrate examples and draw on information from numerous other concrete skatepark/ plaza developments our team has completed across the nation. Although community issues relating to this park will be truly unique to San Bernardino, there will be some consistency and overlap with communities that we have previously worked with (over 400 to date). We see this as a major strength of our team. We will bring knowledge gained from similar skatepark projects throughout North America and Europe and apply where appropriate when working with project stakeholders.
Another key aspect of our approach will be keeping our working sessions highly interactive. In addition to ‘airing out’ important development issues through meaningful discussion, we encourage other types of ‘hands on’ involvement such as writing, sketching, and real time 3D modeling of park ideas/elements alongside our team within the meetings. Outside of scheduled meetings, stakeholders will be once again invited to submit written comments, sketches, pictures etc. through our custom web surveys for immediate online feedback from our team. For even further interaction, youth will be encouraged to assist our team in presenting concept plans and revised design renderings back to the community as the project progresses. In addition, youth/young adults interested in pursuing education related work experience / credit programs will also be invited to participate in our design process where possible (this has proven to be very rewarding on past skatepark projects we have completed).
Check us out! Log on to
www.newlineskateparks.com
click on ‘forum’ section
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Prime Contractor
New Line Skateparks Inc. - Alberta
LM5 155 Glendeer Circle SE
Calgary, AB T2H 2S8
P 403.697.5990 F 403.203.9357
url: www.newlineskateparks.com
email: [email protected]
Another key aspect of our approach will be keepin
to ‘airing out’ important development issues throug
of ‘hands on’ involvement such as writing, sketch
alongside our team within the meetings. Outside
ers will be once again invited to submit written co
web portal for immediate online feedback from bot
further interaction, youth will be encouraged to ass
design renderings back to the community as the p
Overall, engaging youth and other key stakeholde
major key to the project’s success. We will seek
to identify and focus on common goals to bridge
researching local issues ahead of time and utilizin
plaza projects we have completed, we will strive t
from public misconceptions that often surround sk
Based on our experience with similar projects, we
holder working sessions and 1 - 2 public open ho
ample opportunity to conduct an in depth design d
comment on and view the proposed final design.
sive hand sketches and 3D renderings will be use
opment. This will in turn provide key stakeholders
the skatepark will look and function within Callingw
more details on each step of our consultation proc
Tonight’s Presentation…
• Welcome & introductions
• Project Overview / Design Journey
• Skateparks 101
• General Question & Answer
• Design Workshop
New Line Skateparks Inc.
van der Zalm + associates Inc.
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58 2. Context Considerations/Design Development: Creating a fully integrated park design that not only provides world-class skateable terrain but also enhances the site and respects the surrounding community will be a key focus of our design team. Speicher Park offers and excellent setting for the development/redevelopment of a truly compelling community skatepark. However, along with the many contextual opportunities the location offers, several challenges may also arise that must be approached tactfully. Of significant importance will be addressing with the site’s existing ground conditions and asphalt infrastructure, protection of the public and environment during construction, and ensuring a tactful integration with the surrounding mixed-use recreational contexts.
Geotechnical / Site Base Data - Our experience has shown that many sites can pose certain challenges to development due to the presence of contaminated soils and/or unstable sub surface conditions that stem a variety of factors. Our team is well prepared for these type of challenges and has extensive experience designing and building over existing OR recycling concrete foundations/slabs, contaminated sites, high water tables and flood plains in cold-weather regions throughout North America. For each project’s unique geotechnical and civil requirements, our team has employed an engineering process that draws on the skill and experience of our internal staff as well as the direction of or key sub consultant CIVTEC, with first-hand knowledge and expertise relevant to the specific community we’re working within. This process begins with a review of existing site subsurface information with local geotechnical engineers and our own in-house design professionals. We will ensure engineers clearly understand the nature of the proposed facility and then jointly develop our final grading and drainage, base prep, and fill details for the park. For the San Bernardino Skatepark, our team will match a thorough understanding of geotechnical conditions with a full analysis of any existing location infrastructure that may be eligible for tie-in procedures. The result will be a final design plan that maximizes the potential of all suitable existing site infrastructure while mitigating any negative affects that potentially challenging soil conditions may have on the ultimate design and budget.
Re-Use of Original Concrete Slab,
Sub Base, and Drainage Structures
Ambleside Skatepark Replacement - West Vancouver, BC
Light-Weight Structural Styrofoam Sub Base
Queensborough All-Wheel Park - New Westminster, BC
and Seattle Center Skate Plaza - Seattle, WA
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59 Sustainable Development / Green Infrastructure / Protection of Public During Construction - Preserving nearby natural and built environments will also be critical when we develop our plans for the site.
Relevant ecological initiatives, surrounding vegetation, and the comfort of the public and nearby residents must be considered. Our team will ensure the park’s design and construction documentation accounts for proper access of construction/maintenance traffic proper treatment of storm water, tree protection, erosion and sediment control, and removal of unwanted materials in a way that minimizes undesirable impacts to the surrounding site area. We are proud to have introduced ‘green drainage’ systems on a number of our recent skatepark/plaza designs and continue to participate in Leadership in Energy and Environmental Design (LEED) certified projects throughout North America. We look forward to providing our experience in this increasingly important area and offer the following sustainability practices that could be considered for the new San Bernardino Skatepark (note that this is not an exhaustive listing):
Soil analysis for biofiltration area Ecosmart Concrete over crushed recycled concrete sub base
Sand Filtration planters not only provide for
green friendly water treatment but may serve
as integrated skateable elements
• Implement opportunities for onsite treatment of storm water through skateable biofiltration and sand filtration planters within skatepark hard surface and surrounding landscape (‘green’ storm water management system). • Source locally produced granite for ledge applications. • Use of recycled steel in potential skateable sculptures. • Use of ‘green friendly’ or EcoSmart concrete.
• Use of recycled concrete in sub-base materials.
• Recycling of wood forming materials used in project
• Provide incentives for project staff to access work site by skateboard, bike, public transport • Avoid unnecessary document printing related to project and use recycled paper whenever possible Packet Pg. 1357
60 Safe pedestrian walk ways and viewing areas – Ensuring collisions/conflicts do not occur between skaters and casual visitors/bystanders will be important for setting the ‘tone’ for the park. Our team will work purposefully to design an overall layout and surface detail that will naturally direct activity to the appropriate areas without feeling contrived. We will ensure ample room for safe, unobstructed viewing and unfettered access around the entire skatepark area for the skater and non-skater alike. In this process, the entirety of the site area will be considered. Existing pathways and infrastructure will be analyzed, adjusted if needed, and tied into the final design for eventual construction. We are confident that if approached properly, the skatepark will provide a significant improvement in the overall accessibility and viewing opportunities of the entire development area.
Area Seniors capturing the action at a local skatepark
Landscape and materials detailing – focusing on the landscape design and materials detailing around the park will be important to a pleasant and subtle integration within the site.
Our team will provide direction on green space forming and use of varied materials selections that create a vibrant and enduring setting. This will be balanced with our understanding of the construction budget, maintenance and usage realities of a high use public youth park. For the San Bernardino Skatepark, special attention will be paid to utilizing a combination of appropriate local plant palette, pavers, steel and rock work options to create functional viewing, socializing, and shade areas in sync with the City’s diverse surroundings and unique character.
Pathway traffic around the Forks Bowl
Diverse colours, textures and integrated landscaping
Most importantly, the new skatepark should be a welcome destination for all visitors and provide a true ‘sense of place’ for the community. With this in mind, it is important to not overlook the non-active user. They too must be well integrated into the site - to feel comfortable sitting down, watching or slowly walking by.
For the primary users (skateboarders, scooter, BMX, etc.), their activity often happens in bursts and is not a continuous endurance session. Much of the time users are watching, socializing, and waiting for a turn. Thus, focusing on the whole of the site area and design components beyond the function of the immediate hard surface will be critical. The following sections outline just a few elements that will be considered in this endeavor.
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61 locally inspired skateable sculptures and art installations at the Plaza at the Forks, Thomas Haney Youth Park
and University of British Columbia Skatepark
Art integration – With a movement for greater integration of youth culture and contemporary activities into mainstream society and public spaces, we are beginning to look at skateparks differently. The days of the typical ‘concrete square’ are quickly coming to an end as a new generation of increasingly holistic skatepark designs respond to far more than purely function. A major part of this new design vision includes introducing art installations within and around the skatepark development. Our team has had the opportunity to spearhead this concept in North America and is excited with any opportunities the City and local community may wish to pursue.
Our experience with the Plaza at the Forks in Winnipeg, MB is an excellent example of the integration of art and skate terrain. The design introduced locally created/inspired signature skateable sculptures and other art pieces from concept through completion into what would become a world-renowned public space. It was a process without precedent that has now given our team the unique advantage of understanding how to successfully engage local youth artists, choose submissions and oversee the transformation of artistic concepts to built installations that are both interesting and safe to skate. We have also acquired a keen understanding of the budget implications that come with each step in the process.
With a diverse site area, rich local culture and proud history, there will be ample opportunities for both skateable sculptures and other artistic elements. Whether referencing the City’s picturesque mountain backdrop, the iconic California sunset or recognizing more modern interpretations of the City as a hub for inclusion, safety, progression and prosperity, numerous ideas will surface for art installations that capture San Bernardino ‘spirit’ and ‘feel’. The challenge will lie in creating a program to identify and implement art features that fit the principles of the City’s planning guidelines as well as the unique elements of the project and its intended uses.
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62 Site Signage – From recognizing project contributors to helping educating park visitors, signage may be an important item for the skatepark. Above are just a couple of examples of signage options from previous New Line projects that may serve as a base for this development. In many cases we have found great success with the use of highly durable concrete, granite/natural stone and steel materials combined with innovative molding and engraving techniques - all intended to be vandal resistant (through material impact density and graffiti abatement protection) and in most cases even rideable by skateboard, inline and BMX. Our team looks forward to presenting unique signage options for the City’s consideration.
Site Servicing / Lighting – Site services engineering for any modern youth park is important and must be performed with consideration to future amenities as well as immediate usage requirements. For this project we understand that lighting may or may not be key service component implemented in the facility at some point. Regardless, our team is proud to have served as a pioneer in
the development of skatepark specific photometric studies/plans. From this, we have developed proven strategies to cost effectively implement optimal lighting programs in relation to specific user preferences, energy efficiency/conservation and
neighborhood impact.
The challenge will be to develop and install a plan that meets the reality of the prospective budget and satisfies the desires of the City, park users and surrounding community. Our approach will be to communicate the basic available lighting choices, and provide conceptual lighting strategy advice for execution at the owner’s discretion. This could range from simple low-level safety lighting (allowing for safe evening pedestrian navigation and security checks from nearby roadways) to artistic lighting elements and an advanced motion generated sport lighting system designed to accommodate full usage of the facility at any time. Whatever plan is chosen, it will be critical to consider the long term operation goals of the skate/bmx park and ensure the initial scope of construction will accommodate any future installations.
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63 CPTED (crime prevention through environmental design) – CPTED principles must be considered when approaching this important project. Throughout North America we have witnessed the tremendous effect planning in this area can yield. Our team will consult with project stakeholders in an attempt to become aware of major crime issues in the area and design to help mitigate the chance of their presence in the new development. Our experience with the Downtown Vancouver Skate Plaza (see picture below) will prove invaluable as the creation of the facility resulted in a major decrease in illicit activity in a trouble-ridden location – a true skatepark/plaza success story! Graffiti – hand in hand with CPTED principles are the common skatepark concerns of graffiti and facility visibility. Despite the challenges these issues can pose, they are being addressed successfully by communities across North America through a combination of facility design techniques and park operating policies supported by the community. For graffiti, our team will work closely with the City to explore an array of management techniques ranging from commissioned graffiti art programs to zero-tolerance policies involving mitigating graffiti through state-of-the-art liquid removal systems. We are proud to have consulted on some of the first successful community commissioned skatepark graffiti art programs while also helping identify suitable ‘cover-up’ paint mixes and surface-safe steam/liquid removal systems for municipalities who have chosen to go graffiti free.
Professional Skateboarder, Anthony
Hancock rides Cochrane’s Bowl unit
after a fresh coat of
graffiti cover-up paint
has been applied
Vic West Skatepark showcases graffit art on select
park panels. A community
ran program was organized
to select local youth artists
for approved graffiti works
throughout the park.
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64 Park programming / Grand Opening Celebrations – Recognizing how much community effort goes into a unique development such as a skatepark and how important it is to start things off ‘on the right foot’, our team also specializes in helping organize exciting grand opening celebrations and demonstrations at all of our creations. With our strong relationships with high level amateur and professional skateboarders, BMXers and their skate industry sponsors, we are able to help our clients deliver world class events that include premier skate talent and prizes for the community. This service is provided at no extra cost from our team and is one more way we demonstrate our commitment to building the skateboarding and BMX communities of North America.
Another key factor to maintaining a successful environment after the park is built lies in active programming of the facility. Whether it is onsite full time ‘skate hosts’ during the peak season or simply planning a couple of local demos or competitive events periodically, some level of programming will be critical. Our team is proud to have been instrumental in the creation of a number of park programming opportunities across North America including the landmark City of Calgary Shaw Millennium Park ‘Skate Host’ program and the Plaza at the Forks ‘Park Ambassadors’ program – both of which have proven extremely successful. We look forward to sharing our experience in this area to develop programming ideas with the City and local skatepark committee for the new San Bernardino Skatepark. photos left to right: Professional Skateboarders Tony Hawk, Jamie Thomas and Alex Chalmers at various ‘free entry’ grand openings and special events hosted at New Line designed and constructed parks.
Park visibility must also not be overlooked. As countless communities throughout the country attest, visibility is a key component to the success of a modern youth park. Projects that are open and highly visible generate interest and engagement from the community, while those that are hidden have proven to breed a host of social problems. Our team will take care to ensure available sight lines are maintained in conjunction with the design of all concrete elements, land forming and planting.
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65 3. Technical Design and Working Drawings: The technical drawings for this unique project will be of critical importance. Our team takes this task very seriously and we challenge ourselves to create informative, illustrative, and comprehensive drawing packages. Our goal is to eliminate all ambiguity in the project specifications to help ensure a very clear approval and construction process.
Our ability to deliver industry leading drawing packages stems largely from our experience from both a consultant and contractor’s standpoint. New Line Skateparks is one of the most experienced concrete skatepark specific design-build teams in the world. Over the past decade, we have built out a large proportion of our ~400 skatepark design projects through our own fully bonded and insured construction teams. The constant exposure to both realms of project management allows us to quickly improve/ refine our drawings and communication strategies in response to field problems/issues on an ongoing basis. Essentially, as we design we also understand intimately what it will take to execute in the field. This heightened knowledge allows us to stay on budget and deliver final designs as they were intended - not as near replicas. This is another competitive advantage of our team and a major reason for our award winning facilities.
All drawings will be generated and engineered ‘in-house’, allowing for a seamless stream of communication within our development team. Review sets of all plans (including a comprehensive storm water management plan) will be provided at various stages of completion for approval by the project owner and the appropriate regulatory bodies. Upon final red line review and approval, all skatepark specific drawings and specifications will be issued for construction. To date, our custom drawings and specifications have been approved for implementation across North America. Errors and Omissions insurance of up to $3,000,000 (specifically covering concrete skatepark design) will accompany each final drawing submission.
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66 Schedule Control - From our experience working on ~400 similar facility developments across the continent, our team is confident that the schedule outlined within this proposal is both reasonable and fully achievable. A final project timeline will be confirmed (and adjusted if desired) with the owner prior to start up and reviewed on a weekly basis by the consulting team to ensure key milestones are being met within set time allowances.
Should a schedule deviation occur, all parties will be notified immediately with a discussion on project implications and mitigation options taking place thereafter. Our team is committed to upholding the approved schedule for this project and will pull-in additional staff resources whenever possible to maintain deliverables should an unexpected set back occur.
5. Overall Quality Control - New Line Skateparks has established design and construction operations that are in general compliance with ISO 9001 quality assurance measures, and environmental policies in general compliance with ISO 14001. Our team will provide timely reports on project progress for compliance to specifications and client expectations. Detailed reports will be provided to the owner’s representative to ensure that schedule, budget, and deliverables are met. If the owner’s representative has specific questions related to progress, schedule, or quality, our team of professionals will investigate and respond in a timely fashion. Our team uses ISO 9001 standard protocol for project documentation and reporting. The Owner can expect clear, concise, and professional documentation of project progress so that reports can be made to other senior staff, specific departments, or political constituents.
4. Site Inspection and Construction Oversight: Once the Bid documentation is complete, the skatepark must be bid and built. For this important responsibility, New Line Skateparks offers among the most thorough and tested quality assurance specifications in the industry. Our team has worked hard to earn our industry reputation over the last 20 years, and we look forward to maintaining our own high standards and precise tolerances to ensure the highest quality finished product possible for the client.
Skatepark construction is a very technical and specific art form that requires the proper care and precision to ‘get it right’. Site inspection staff must possess highly specialized concrete construction knowledge as well as have a functional understanding of the performance requirements. Our comprehensive Contract Administration Program provides the City with the following services: review of Concrete Mix Design / Miscellaneous Metals Shop Drawing submittals, preparation of Progress Payment Certifications, preparation of Site Instructions, Contemplated Change Notices and Change Orders as needed, Construction Progress Meetings and Meeting Minutes, Substantial Completion Certification, Final Completion Meeting and project close-out documentation, and Warranty Inspection.
FUTURE PROJECT PHASE: INCLUDED FOR INFORMATION PURPOSES ONLY Packet Pg. 1364
67 Other Valued-Added Services: While a base scope of work is outlined for this project, our team intends on delivering a final design (and construction program) that will far exceed minimum project requirements and provide a considerable amount of additional value to Slidell at no additional cost. For many base youth/skatepark developments, much of what would be considered value added services:
- skatepark mentorship training for local staff
- school skateboarding curriculum information + youth mentorship program opportunities - lessons program consulting information and graffiti management consulting - design of custom sculptural site furnishings, skateable signage consulting - grand opening/special event production assistance
...are simply part of our standard approach as a dedicated youth/family park-specific design-build firm, while the following is offered to the community in recognition of our 20 year anniversary. - $500 in professional skateboard/bmx gear prizes for grand opening - Assistance in securing high-level amateurs and/or semi-pro/pro skaters/bmxers for grand opening - Introductory lesson and workshop introducing interested individuals to the park Packet Pg. 1365
68 METHODOLOGY
AND SCHEDULE
The following pages reflect our detailed work plan and project schedule. While we are confident in the rationale for our methodology, our team is always open to adjustments in cooperation with the City to best serve the project. We have been careful to monitor our company growth and workload over the last 20 years and offer our full confirmation that our key project staff outlined in this proposal will have adequate availability and resources to execute the design undertakings within the schedule proposed. Our project commitment involves a highly responsive, in-person consulting presence and interaction with the City and community, taking advantage of our history of work on this project and our intimate understanding the of the challenge that lies ahead.
1. Project Initiation, Program Review and Site Base Data Collection The Design Team will meet with the City to review the intended program for the skatepark development. At this time, project goals and objectives will be confirmed, timelines set, processes reviewed, lines of communication/ communication protocol established (including a suggested weekly update and ISO 9001 generally compliant quality assurance measures outlined.
The Consulting Team will then work with the City to review the available base data for the site. This will include survey and geotechnical information as well as other pertinent data related to grades, irrigation, existing vegetation, current and future site development. This information will contribute to the base for all future planning and design work. Finally, we will also work with staff to confirm our public outreach strategy and implementation tactics in preparation for our first community design workshop/open house.
Week 1
(upon award)
Meeting minutes
key contact Information
Project Notebook initiated
Proposal scope and
budget reviewed
Project Plan
Submitted
Task Specific Objective Timeline/Deliverables
Phase 1: Site Analysis, Community Consultation and Concept Design
2. Create Base Maps and Site Analysis Drawings
Using information gleaned from task one, the design team will prepare base maps from which all future design work will be based. This is critical to ensure that design development adheres to an accurate site specific data set and the design team does not encounter unexpected site conditions later in the technical design phase.
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69 Skateparks 101 Community Participatory Design Workshop 1 Prior to engaging in conceptual design development, the consulting team will conduct a community project information session and design workshop. This ~2hr session usually takes place in the early evening at a time convenient to both parents and youth. The workshop will begin with a presentation introducing the project team and objectives, an overview of the skatepark development journey, and an exciting case study based review of modern concrete skateparks and the activities they facilitate (our internationally recognized ‘Skateparks 101’ presentation). Once attendees are familiarized with the project parameters and a vast array of skatepark/plaza options, the workshop will then transition to a comprehensive, ‘hands-on’ component consisting of a ‘dotmocracy’ exercise, interactive drawing/sketching, writing, discussion, modelling of specific park layout/features, and site integration options. The workshop will conclude with a general summary of the input received and the collection of all participant sketches and feedback forms. Attendees will be encouraged to continue submitting ideas and comments through our custom online survey until such time that the design team returns for the next community design workshop.
Week 3
Prepare and conduct
workshop
Minutes and summary report of workshop submitted to Owner Online survey open for
continued feedback.
Task Specific Objective
3. 4.
Timeline/Deliverables
Phase 1: Site Analysis, Community Consultation and Concept Design...
Begin Development of Alternate Design Concepts
The consulting team will tabulate information from the first participatory design workshop and initial key stakeholder meetings to begin developing concept directions.
Our experience has shown us that one dominant design detail will begin to emerge through this process, although we will offer a couple concept directions for feedback.
Our team is prepared to provide design for all aspects of the surrounding site area as highly integrated design approach.
Workshop feedback tabulated into spreadsheets,
written summary, and
presentation graphics
for Owner and Public review. In-progress design
sketches provided to
Owner and posted online
for continued feedback
Internal Review of Preliminary Budget Concept Options
The consulting team will meet with the City to review the concept development progress and discuss budgetary issues. The concept designs will continue to be refined and the cost implications of the preferred concepts will be evaluated in preparation for presentation to the public
5. Week 6
2D concept drawings
and preliminary cost
estimates reviewed with
City
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70 Task Specific Objective Timeline/Deliverables
Phase 1: Site Analysis, Community Consultation and Concept Design...
Presentation of Preliminary Concepts - Community Design Workshop 2 Comprehensive 2D renderings of the preliminary concept design options will be brought back to the community for feedback through a second interactive design workshop on a weekday evening convenient for parents and youth. The concept presentation will consist of a PowerPoint aided overview of the development process to date, a discussion of the guiding principles established at the first participatory workshop, and a thorough review of the site-specific concept design(s) developed for the skatepark development. This will be followed by a general Q&A session and opportunity for attendees to vote (via feedback form) on the preferred concept directions + submit suggestions for any final modifications of the final concept design.
The workshop will conclude with a summary of input received and the collection of all written feedback forms.
Week 7
Prepare and conduct
workshop
24” x 36” presentation
panels of 2D skatepark
concept renderings.
Concepts will be posted
to online forum for continued voting.
6. Preparation of Preferred Concept Design and Review with City Detailed 3D renderings and updated cost information of the preferred concept will be prepared and then reviewed with the City for comment and feedback.
7. Presentation of Preferred Concept - Community Design Workshop 3 Comprehensive photorealistic 3D renderings of the preferred concept design will be brought back to the community for any final feedback through a third interactive design workshop. The final community concept presentation will consist of a PowerPoint aided overview of the development process to date and a thorough review of the final concept design developed for the skatepark. This will be followed an opportunity for attendees to provide any last comments for consideration in written feedback forms.
8. Submission of Final Concept Design and Phase 1 Summary Report Any modifications as a result of the final community concept design review will be prioritized for implementation and work will begin on the final concept adjustments in conjunction with the City. We will update our plans so that the preferred park concept is fully dimensionally correct and technical drawings can proceed with ease. The final park concept and Phase 1 summary report will be submitted to the City and we will be available to conduct any final presentations to relevant parties as required.
Week 12
Final concept design
renderings and conceptual cost estimate+
Phase 1 summary
report.
9. Week 11
Prepare and conduct
workshop
24” x 36” presentation
panels of 3D skatepark
concept renderings.
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71 1. Begin Working Drawings and Specifications
We will begin work in earnest to complete the technical specifications and working drawings for the youth park project. We anticipate a time frame of 3 weeks until we can submit 60% drawings for discussion and review with City Staff.
Week 12
2. Phase 2: Technical Design and Construction Drawings
Complete Construction Drawings Reviews
The technical design team will complete all construction detailing, construction documents and specifications for the skatepark project. Drawing sets and cost estimates will be sent to the City and relevant approval bodies for full red line review and approvals at 60%, 90%, and 100%. Update meetings to review and approve potential in-kind donations will also be conducted at each drawing review milestone.
60%, 90%, and
100% complete
drawings, and cost
estimates
3. Delivery of Final Construction Drawings and Specifications Any last amendments will be included in final construction documents and specifications. Final sealed drawings, specifications, and Class A budget package will be sent to the Owner in accordance with the desired file scheme.
Week 20
Copies of IFC drawings package, specifications, and final budget delivered to
Owner in CAD and
PDF formats
Task Specific Objective Timeline/Deliverables
FUTURE PROJECT PHASE: INCLUDED FOR INFORMATION PURPOSES ONLY Bid Assistance and Construction Support Services
Project Inspections, Drawing Clarifications/Updates, Warranty Reviews Members of the contract administration team will meet with the contractor to oversee and advise at the ‘first pour’ and other critical construction milestones throughout the project’s duration. Administration staff will ensure construction specifications are adequately satisfied and report to the City’s Project Manager on progress as it relates to the intended design requirements. Select drawing clarifications/updates will be provided if required.
Contractor’s Presentation conducted
Report on bids sent to
City
Prequalification / Bid Preparation Assistance, Presentation to Contractors, Bid Review
We will work with the City to ensure that our construction drawings and specifications will ‘dovetail’ with existing Bid and Contract documentation in order to prepare and release the final Bid. At (or just after) the issue of Bid, members of our construction administration team will conduct a ‘Contractor’s Presentation’. Contractors will receive detailed information regarding the recommended construction process, techniques, and tolerances for the purpose of obtaining more qualified and accurate bids. Upon bid closing, our team may be made available to perform a review of bids - providing comments and compliance recommendations.
Onsite reviews
Written site reports and
photo documentation
Payment certification
Warranty Review
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72 Following is our proposed timeline and milestones for the next steps of this project. The dates can be achieved by providing a design that is flexible and dynamic, and by using our team that has similar project expertise in the design process. We anticipate a schedule similar to the diagram below.
SEPT - NOV DEC - FEB
2022
PUBLIC CONSULTATION
AND CONCEPT DESIGN
TECHNICAL DESIGN, PERMITTING
AND WORKING DRAWINGS
2023
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73 PROJECT SCHEDULE
TBD
PARK OPENING
TBD
SPRING / SUMMER 2023
CONSTRUCTION ADMINISTRATION
CONSULTATION
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Location Map
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: City’s Participation in the Annual Rendezvous Back to Route 66 (All Wards) – Council Member Alexander
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Process for Renaming Seccombe Park (Ward
1) – Council Member Sanchez
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: Establishing a Citywide Neighborhood Watch
Program (Ward 2) - Council Member Ibarra
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, 6th Ward
Department: Council Office
Subject: Providing Appointed Commissioners a per Meeting Stipend (All Wards) – Council Member Calvin
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Initiate a Request for Proposals seeking a consultant to prepare a feasibility study for an electric trolley
system in the Downtown area (Wards 1, 3) – Council
Member Reynoso
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