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AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC. FOR THE SPEICHER MEMORIAL PARK
BALLFIELD IMPROVEMENTS PROJECT
This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 6, 2024 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and IDS Group, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, June 21, 2023, for the purpose of design services for the Speicher Memorial Park Ballfield Improvements Project (the "Original Agreement").
B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services and to provide compensation for the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, as previously amended, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Services. The Scope of Services for the Original Agreement is hereby amended to include additional services as more particularly described in Exhibit “A -1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
3. Compensation. The total not to exceed compensation amount shall be increased by Two Hundred Forty -Eight Thousand One Hundred Seventy-Nite Dollars ($ 248,179) increasing the total not to exceed compensation amount from One Hundred Eighty Thousand Nine Hundred Forty-Three Dollars ($ 180,943) to Four Hundred Twenty -Nine Thousand One Hundred Twenty -Two Dollars ($429,122).
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4. Full Force . Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4.
5. Electronic Transmission . A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: IDS GROUP, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
February 9, 2024
Eddie Mendez, PE Submitted via emai: [email protected] Principal Civil Engineer
City of San Bernardino
Public Works Engineering Division
290 North D Street
San Bernardino, CA 92401
(909) 384-5140 ext 3608
Subject: Additional Services Request – City of San Bernardino Speicher Park Improvements, Project PR 23-006
Dear Mr. Mendez:
IDS Group would like to present this proposal for additional services request for the above referenced project at Speicher Park for the City of San Bernardino (City) per your email direction on December 4, 2023. This proposal outlines our revised Understanding, Additional Scope of Work, Deliverable s, Assumptions and Exclusions, and Compensation. We understand that time is critical for the City to meet the March 31, 2024 permit submission deadline for the funding grant. Therefore, while this proposal is being reviewed and approved, IDS Group will continue work at-risk per the additional scope as outlined below.
Project Description
IDS understands that the City has made significant changes to the approach and scope in regards to the project site and is requesting additional services. The list of these items and original scope is provide below in Attachment “C.” The City would like to include the following additional scope:
All Fields:
▪ Architecture
o Replace old fence fabric in all areas, especially backstops with high gage material. o Replace backstop boards and edge surface cushion rubber. o Add shade covers over dugouts.
o Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum 15’X15’. (Note: The booths at O’Grady and Gurule Fields are shown to -remain on the 30% CD, by replacing the roofs, modifying the railings, and adding a short ramp and landing at the doors.) o Add Batter’s Eye along all outfield fence lines and foul lines. ▪ Structural
o Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations. o Concrete pad details at previous score booths.
▪ Landscape / Civil / Plumbing
o Infield renovation s: scarify, add infield mix, level, and renovate crown. Re -do all pitching mounds (baseball play only, excludes Mason, Montgomery, and Gurule softball fields).
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 2
▪ Electrical
o Upgrade all lighting building and security lighting to LED. Solar lighting is excluded. o Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal. o Additional security lighting between fields.
Huckabaa Field:
▪ Architecture
o To properly protect the integrity of the synthetic turf field, will add control features such as a perimeter wrought-iron fence and locking entry gates, etc.
o Remodel existing concessions building. The scope includes replacing flooring, counter and sink, wall paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering , and ADA compliance).
▪ Structural
o Fence footing details.
o Footing details for outfield batter’s eye at Huckabaa Field. o New roof at concessions building.
▪ Landscape / Civil
o Ground squirrel infestation created outfield and infield holes and ruts. Design to include re-grading and new synthetic turf (floating the outfield).
o Infield crown renovation.
o Accessible ramp to connect middle ADA parking at large parking lot to bleacher area. o Assess and renovate irrigation system for proper coverage o Relocate existing irrigation line so that it is no longer under Huchabaa field. ▪ Mechanical/Plumbing
o Engineering for existing concessions building remodel in accordance with Health Department Requirements
▪ Replace evaporative cooler.
▪ Provide required heating unit at kitchen & office.
▪ Provide Grease Trap at new 3-comp sink
▪ Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3-comp sink.
▪ Evaluate and resize the water heater as needed.
Mason & Montgomery Fields (Softball – No Mounds):
▪ Landscape / Civil
o Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading the turf (floating the outfield) and infield crown renovation.
o Replace the existing asphalt walking areas around the concessions/electrical building with concrete.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 3
o Accessible ramp to connect northerly ADA parking at large parking lot to both fields and concessions building.
O’Grady and Gurule Fields:
▪ Architecture
o Replace bleacher units at each field. Maintain a minimum of 52 seats on each side (Home & Visitor) = 21’ Long, 5 Rows.
▪ Civil/Landscape
o Mitigate drainage problem behind backstop and First Base area for both fields – major flooding during rain.
o Add three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and between both fields.
o Assess and renovate irrigation system for proper coverage. o Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re-seed or sod where necessary.
o O’Grady: Restore quick coupler once the synthetic infield turf is removed. ▪ Structural
o Add pads for new bleachers.
▪ Electrical
o Add more security lighting between three fields (O’Grady/Gurule/Huckabaa). o Gurule: Repair Third Base light pole “tripping” problem.
General Park Improvements:
▪ Architecture
o Arden Parking Lot:
▪ Demo existing restroom building and replace with Prefab. ▪ Add trash bin enclosure.
▪ Install (3) new trash bin enclosures at north end and south end of Large South Parking Lot. ▪ Structural
o Slab and footing details at (3) trash bin enclosures. ▪ Landscape
o Install new accessible drinking fountains around ballfields. o Install new outdoor fitness equipment stations around north walking path. ▪ Civil
o Grading & Drainage for (3) new trash enclosures.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 4
Other Notes:
▪ Bury all pull boxes and junction boxes to prevent thievery of wire, vandalism, etc. ▪ It is recognized that SCE plan checks take a long time. ▪ Traditional Baseball/Softball Season operates from late January (Registration ends and tryouts begin), with team practices staring in mid -February and game play start in mid -March through mid -June, and then playoff/all-star play through July. Construction that goes through May will definitely have a MAJOR impact upon ballfield user groups. Improvements to O’Grady and Gurule first will impact the Arrowhead Little League the least, followed by Mason/Montgomery
▪ Bi-weekly meetings w/City requested, pending staff availability.
Scope of IDS Services and Deliverables
Our scope of services consists of providing architectural and engineering design and bidding/construction administration services in support of the project’s intended work, according to the following:
• Conduct site visits to document existing building/site systems. • Attend bi-weekly meetings with the City’s project team as needed. • Provide required mechanical, plumbing, and electrical engineering and landscape architecture coordination services with local utility companies & Health Department in support of the City’s proposed scope of work. • Provide architecture, civil, landscape, structural, mechanical, electrical, plumbing, and cost estimating services in support of the City’s proposed scope of work.
30% Construction Document Phase:
o Conduct a field review of the existing buildings and site, and locate the building on the site using apparent limits of the property (survey provided by other).
o Conduct as-built measurements and convert existing drawings to CAD format. o Provide Code analysis and design describing our findings and laying out options. o Prepare 30% Construction Documents (Scoping Plans), which incorporate City’s scope, and submit them to the City for review.
90% Construction Document Phase:
o Integrate survey documents into Construction Drawings. o Prepare 90% Construction Documents, which incorporate the City’s 30% CD Set Comments, including building plans (floor, finish, ceiling, roof), elevations, and sections of all new or remodeled structures, trash enclosure plans and details, irrigation plans and details, accessible upgrades at parking lots and hardscape, field improvements, and MEP upgrades. Submit for plan check to agencies having jurisdiction for review.
100% Construction Documents/Plan Review Phase:
o Prepare 100% CDs incorporating all City’s 90% CD comments and other revisions. o Incorporate plan check corrections into the final/ approved Construction Documents’ drawings and specifications.
o Incorporate revisions due to bidders’requests for information(RFI’s) and substitution requests. o Issue a For Construction Set.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 5
Bid and Construction Administration Support Phase:
Provide bidding and Construction Administration support services:
o Review and provide written responses to the contractor’s RFI’s. o Review and process shop drawings and submittals.
o Attend a bid walk and construction kickoff meeting.
o Attend 30-minute bi-weekly construction status conference calls and site/construction progress meetings to review construction progress (maximum of 6 on-site meetings). We presume that the City Staff will conduct the meetings and prepare the meeting minutes.
o Provide punch list and project close-out assistance.
o Prepare Record Drawings based on Contractor redlines.
Exclusions and Assumptions
• City will provide available as-built utility drawings for our use. • Site access improvements assume accessible parking adjacent to the building and POT from parking to the building only; documentation and design for accessible POT from the public way to the building and/or interconnecting with other buildings on site excluded.
• Disabled access compliance at the restroom assumes changes to plumbing fixtures and electrical system will not require anything more than minor placement adjustments. • Electrical distribution and emergency systems upgrades outside of our scope of work above are excluded. • Fire alarm design, modifications, and/or interfaces outside of our scope of work above are excluded. • Automatic fire sprinkler system design, if needed, is not included in our scope. • Plan check submittal and permit fees are not included in our fee. • Additional design work due to Value Engineering/Peer Review is excluded. • Remedial permit approvals for work previously performed and for which there is no record of a permit are excluded.
• Testing for the presence of hazardous materials of any kind and mitigation requirements for the same is not included.
• Project book specifications are excluded.
• Resolutions to deficiencies within the existing wall fire rating, siting, and/or building separations are excluded. • Analysis, review, design, strengthening, retrofit, etc. of structural load support and/or lateral force resisting systems not directly related to architectural or MPE elements of this project are excluded. • Our construction administration proposed fee is based on a construction duration not exceeding nine months, including not-to-exceed 6 site meetings. Most meetings will be held via teleconferencing. • Commissioning of equipment or systems is excluded.
• Mechanical upgrades at Huckabaa Concessions Building assumes like-for-like replacement of fixtures and will not require revisions to the envelope.
1 Peters Canyon Road, Suite 130, Irvine California 92606 ▲ T: 949.387.8500 ▲ F: 949.387.0800 ▲ www.idsgi.com City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 6
Deliverables
The deliverables will include all files related to the design efforts listed above. Milestones will include 30%, 90% and 100% submittals plans with associated cost estimates. This will include one review and comment cycle by City for each milestone.
Assumptions and Exclusions
IDS will prepare the design plans for the improvements noted above.
Excludes additional work not noted above. Project Specifications will be placed onto the drawings and no book format specifications will be provided.
Compensation
IDS shall perform the Additional Scope‐of‐Work, as described above, on a Lump Sum basis for $209,179 per the attached breakdown of tasks and hours. The following Table summarizes this fee:
Phase Task Fees
Program Development & Construction
Documents – 30% level
$34,845
Aerial/Topographic Surveys & IDS
Coordination
$9,660
Construction Documents – 90% level $91,746
Construction Documents – 100% level $33,521
Construction Cost Estimates $5,760
Bid Support & Construction Administration $33,647
Fee Proposal Total $209,179
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 7
We appreciate the opportunity to provide continued support to the City. Please contact Adrian Anderson, PE, who will continue to oversee the project. He can be reached at 949.387.8500, ext. 509 or via email at [email protected]. Dr. Said Hilmy, PhD, SE, LEED AP, Principal, continues to serve as Contract Administration for our additional services request. You may contact him at 949.387.8500 ext. 116 or via email at [email protected]. Thank you and we look forward to hearing from you soon.
Sincerely,
Adrian Anderson, PE Said Hilmy, PhD, SE, LEED AP
Associate Principal Civil Project Manager Principal / Contract Administrator
cc: John Silber, RA - IDS Principal Architect
Matthew Miller, AIA, LEED AP – Sr. Associate/PM
Attachments:
A Fee Schedule
B. IDS Group 2024 Rates
C. Consolidated Scope List – 6/27/23 Contract & 2/9/24 Add-Service
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 8
A. Fee Schedule
Attachment “A”
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 9
B. 2024 Rate Sheet
Attachment “B”
IDS Group, Inc.
2024 Rate Sheet
Title – Association Hourly Rate
Principal $240
Associate Principal $225
Senior Project Manager Associate $217
Project Manager $202
Senior Architect or Engineer $190
Senior Cost Estimator $180
Project Architect or Engineer $180
Designer Architect or Engineer $163
Engineering Designer - BIM $143
Architectural Job Captain | Designer $135
CAD Drafting Engineer | Architect $121
Office Administration $75
Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the owner at Consultant’s direct cost plus 10%.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 10
Attachment “C”
SPEICHER MEMORIAL PARK IMPROVEMENTS - CONSOLIDATED SCOPE LIST
KEY
Contract #1, Executed 6/27/23
Add-Service Proposal, 2/9/24
• All Fields:
o Architecture
▪ Replace bleacher units for all field locations. Maintain a minimum of 52 seats on each side (Home & Visitor) = 21’ Long, 5 Rows.
▪ Replace old fence fabric in all areas, especially backstops with high gage material. ▪ Replace backstop boards and edge surface cushion rubber. ▪ Add shade covers over dugouts.
▪ Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum 15’X15’. (Note: The booths at O’Grady and Gurule Fields could remain by replacing the roofs, modifying the railsing, and adding a short ramp and landing at the doors.) ▪ Add Batter’s Eye along all outfield fence lines and foul lines. o Structural
▪ Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations. ▪ Concrete pad details at previous score booths.
o Landscape / Civil / Plumbing
▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re- seed or sod where necessary. (Sod now required due to gopher infestation, w/ new mesh to be installed beneath sod.)
▪ Repair and/or installation of new irrigation system.
▪ Infield renovation: scarify, add infield mix, level, and renovate crown. Re-do all pitching mounds (baseball play only, excludes Mason, Montgomery, and Gurule softball field). o Electrical
▪ Replace all scoreboards with wireless.
▪ Upgrade all lighting (ballfield, building, and security lighting) to LED. Solar lighting is excluded. ▪ Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal.
• Huchabaa Field:
o Architecture
▪ To properly protect the integrity of the synthetic turf field, will add control features such as a perimeter wrought-iron fence and locking entry gates, etc. ▪ Remodel existing concessions building. The scope includes replacing flooring, counter and sink, wall paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering , and ADA compliance).
o Structural
▪ Fence footing details.
▪ Footing details for outfield batter’s eye at Huckabaa Field.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 11
o Landscape / Civil
▪ Installation of drainage system.
▪ Remove outfield grass and replace it with Synthetic Turf. ▪ Grading.
▪ Ground squirrel infestation created outfield and infield holes and ruts. Design to include re - grading and new synthetic turf (floating the outfield). ▪ Infield crown renovation.
▪ Accessible ramp to connect middle ADA parking at large parking lot to bleacher area. ▪ Assess and renovate irrigation system for proper coverage ▪ Relocate existing irrigation line so that it is no longer under Huchabaa field.
o Mechanical
▪ Engineering for existing concessions building remodel in accordance with Health Department Requirements
• Replace evaporative cooler.
• Provide required heating unit at kitchen & office.
• Provide Grease Trap at new 3-comp sink
• Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3 - comp sink.
• Evaluate and resize the water heater as needed.
• Montgomery and Mason Fields (No Mound at Softball Field):
o Architecture / Plumbing
▪ Demo existing Concessions Building (secure electrical room) and replace with prefab unit to include restrooms and small storage.
o Landscape / Civil
▪ Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading the turf (floating the outfield) and infield crown renovation. o Civil
▪ Remove and replace sod. New grading as required.
▪ Replace the existing asphalt walking areas around the concessions/electrical building with concrete.
▪ Accessible ramp to connect northerly ADA parking at large parking lot to both fields and concessions building.
• O’Grady Field (Only):
o Landscape / Civil
▪ Remove existing organic turf from the infield and replace it with dirt. ▪ Restore quick coupler once the synthetic infield turf is removed.
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 12
• Gurule Field (Only):
o Electrical
▪ Repair Third Base light pole “tripping” problem..
• O’Grady and Gurule Fields:
o Civil/Landscape
▪ Mitigate drainage problem behind backstop and First Base area for both fields – major flooding during rain.
▪ Three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and between both fields.
▪ Assess and renovate irrigation system for proper coverage. ▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re- seed or sod where necessary.
o Structural
▪ Add pads for new bleachers.
• General Park Improvements:
o Install score boards at all 5 ballfields.
o Install trash can receptacles and water fountains for new concession buildings. o Construct 4” concrete area between and around Montgomery and Mason Fields. o Remove and replace bleachers at all five (5) fields.
o Architecture
▪ Arden Parking Lot: Add (1) trash bin enclosure.
▪ Install (2) new trash bin enclosures at north end and south end of Large South-End Parking Lot. o Structural
▪ Slab and footing details at (3) trash bin enclosures. o Landscape
▪ Install more trash receptacles around ballfield buildings. ▪ Install new accessible drinking fountains around ballfields. ▪ Install new outdoor fitness equipment stations around north walking path. o Civil
▪ Grading & Drainage for (3) new trash enclosures.
o Parking lot improvements
▪ Large South-End Parking Lot Rebab: Asphalt Content – full depth replacement at patches where existing AC is failing, grind and overlay, re-stripe lot, re-grade ADA stalls to meet required slopes, accessible curb ramps at 3 (three) locations, ADA signage, and directional arrows (Egress & Ingress).
▪ Arden Parking Lot: full depth replacement at patches where existing AC is failing, slurry seal, restripe, re -grade ADA stalls to meet required slopes, one (1) accessible curb ramp, and ADA signage.