DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as September 21, 2022 by and between the City of San
2. RECITALS.
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.
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.
Project. City desires to engage Designer to render such services for the Seccombe Lake Park Revitalization ("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 The Services are more particularly described throughout this Agreement, including Exhibit "A" attached hereto and incorporated herein by reference. All 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 September 21, 2022 to September 21, 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 one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
3.2 Project Designer; Key Personnel.
Project Designer, subject to the approval of City. Designer hereby designates David Black, RLA (License No. 789824 (C-27)) 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 his or her best skill and attention; (4) be responsible for the means, methods, techniques, 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:
Doug Grove, President, Landscape Architect, RLA
Greg Meek, Principal, Landscape, RLA
David Black, Project Manager, Landscape Architect, RLA
Jennifer Salazar, Project Manager, Landscape Designer
Lauren McHugh, Project Manager, Landscape Architect
Andrew Lytle, Project Captain, Landscape Designer
Kathy Beatly, Office Manager, Accounting
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.
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3.3.2 Qualification and License. All architects, engineers, experts and other onsultants retained by Designer in performance of this Agreement shall be qualified to perfor he Services assigned to them, and shall be licensed to practice in their respective profession 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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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 Ilabllity 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.
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. 4 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
3.5.5 Water Quality Management and Compliance.
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.
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.
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.
Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer's tailure to comply with any applicable ater quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburs le City for the costs associated with, any settlement reached between the City and the releva (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,
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 equirements imposed by the California Air Resources Board (CARB). Contractor sha 5 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 specifically be aware of the CARB limits and requirements' application to "portable equipment", vhich definition is considered by CARB to include any item of equipment with a fuel-powere engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or an 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 thi greement on behalf of Designer shall also not be employees of City, and shall at all times b 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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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, 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 7 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
eparately Bid Portions of Project. Plan preparation and/ ministration of work on portions of the Project separatelv bi 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.
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.
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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3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Iesting. Retain consultants) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and fumish 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.
.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse th avment of all fees required bv anv reviewing or licensing agency, or other agency havin 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.
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 Five Hundred Thirty-Seven Thousand, Eight Hundred Fifty-Five Dollars ($537,855.00) (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 9 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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. Designers 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 10 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 seg., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seg., ("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 11 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
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.
All plans, specifications, original or reproducible
transparencies of working drawings and master plans, preliminary sketches, design presentation urn compring arms and any 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 12 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
13 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
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.
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 14 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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
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
The policy shall give City, the City Council and each member of the 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 15 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
broad as Insurance Services orce for mobile A bit in ancie all me ale at a (Coverage Symbol 1, any auto).
The policy shall give City, the City Council and each member of th ity Council, its officers, employees, agents and City designated volunteers additional insure (d) Subject to written approval by the City, the automobile liabilit program may utilize deductibles, provided that such deductibles shall not apply to the City as al additional insured, but not a self-insured retention.
3.15.5 Workers' Compensation/Employer's Liability
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.
3.15.7 Privacy/Network Security (Cyber
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. 16 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
3.15.8 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)
Cyber Liability $1,000,000 per occurrence and aggregate (b) Defense costs shall be payable in addition to the limits.
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.
3.15.9 Evidence Required
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.
3.15.10 Policy Provisions Required
Designer shall provide the City at least thirty (30) days prior written 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 17 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
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 replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
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.
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.
3.15.11 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:VIl 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.
3.15.12 Additional Insurance Provisions
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 ntended 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.
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 complete copies of all insurance policies in effect for the duration of the Project. 18 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
3.15.13 Subconsultant Insurance Requirements
commence work on any subcontract until they have provided evidence satisfactory to the City tha hey have secured all insurance required under this Section. Policies of commercial genera
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 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.
to the paries he rio. The ye and proces or he sultan ed to read he beaty act ale 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.
Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, 19 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 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 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 goverment 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 materlal parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
invalid, out any providin in the area be al by a on of come in eno ne
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 nature of the work and the conditions under which the work is to be performed. 20 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
3.28 Harassment Policy.
that they have read the Harassment Policy. A finding by the City that any of Designer's employees nas harassed a City employee shall be grounds for appropriate discipline, up to and including
3.29 Delivery of Notices.
CITY: DESIGNER:
City of San Bernardino RHA Landscape Architects-Planners, Inc.
Vanir Tower, 290 North D Street 6800 Indiana Avenue, Suite 245 San Bernardino, California 92401 Riverside, CA 92506
Attn: City Manager Attn: Greg Meek
Principal
With a Copy to:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
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.
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
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. 22 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
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 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 an he terms of this Agreement and/or the provisions of state law and except as otherwise require under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]
23 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO DESIGNER
APPROVED BY: RHA LANDSCAPE ARCHITECTS-
PLANNERS, INC
Robert D. Field
Robert D. Field
City Manager APPROVED BY:
ATTESTED BY: Doug Grove.
Seen Pete President
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
thomas Rice
Best Best & Krieger LLP
City Attorney
24 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
EXHIBIT A
DESIGNER'S SCOPE OF SERVICES
1. GENERAL REQUIREMENTS.
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 constructior 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".
Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A
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 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 otential complications, cost overruns, unusual conditions, and general needs that potentiall npact the Project budget and time line, including the City's Preliminary Construction Budae Exhibit A-1
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
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:
3.2 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.
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.
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.
Exhibit A-2
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
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:
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 came the prit gecialine begin ordinan ormant, me Deg ordered 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.
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").
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.
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.
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:
Exhibit A-3
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 (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 ("as- built 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 specity 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.
Desianer, 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 Exhibit A-4
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
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 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.
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.
BID PHASE.
During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
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.
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.
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 visions necessay to bring thesies responsor as than the Designer's Final Estimate.
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:
Exhibit A-5
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
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 ach contractors' work for general conformance with the Construction Documents and with an! pproved construction schedules or milestones. Such site visits shall be conducted as often a:
are necessary and appropriate to the stage of construction, according to the City's sole discretion, but in no event less than weekly.
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.
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.
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 neetings 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 sale discretion, but no less than weekly.
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 shal 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.
Exhibit A-6
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
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 changes) 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.
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 anc ninor 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 Exhibit A-7
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 As- Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built 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.
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:
Exhibit A-8
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.
ATTACHMENT 1
CONSULTANT PROPOSAL
Exhibit A-9
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 Request for Proposal
Seccombe Lake Park Revitalization
Project
Presented to:
The City of San Bernardino
Public Works Department-Engineering Division
CITY
TO NIH IN HIM
May 19, 2022
Prepared By:
RHA
RHA Landscape Architects-Planners, Inc.
6800 Indiana Avenue LANDSCAPE
Suite 245
Riverside, CA 92506 ARCHITECTS
951-781-1930
www.rhala.com PLANNERS. INC
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 RA
LANDSCAPE
ARCHITECTS
May 19, 2022
PLANNERS, INC.
Alex Qishta P.E
Interim Director of Public Works/City Engineer
City of San Bernardino
Public Works Department - Engineering Division
201 North "E" Street, 2nd Floor
San Bernardino, CA 92418
RE: REQUEST FOR PROPOSAL
SECCOMBE LAKE PARK REVITALIZATION PROJECT
Dear Alex and Consultant Selection Committee,
RHA Landscape Architects-Planners, Inc. is very pleased to submit this proposal for the
SECCOMBE LAKE PARK REVITALIZATION PROJECT
We have enjoyed working with you and the City of San Bernardino over the past several years on several project and feel we have developed a good working relationship with you and other City staff members.
RHA has completed several park improvement and renovation projects for other cities including Chino, Monrovia, Santa Monica, Riverside, El Segundo, Moreno Valley, and Los Angeles, and Yucaipa. We feel the key to revitalization projects is to make the new improvements blend into the existing park to make them appear they were always there. It is also important to include simple items that give the park a new and refreshed look such as upgrading site furnishings, cleaning the paving, and providing new landscaping.
We are excited about working again with the City of San Bernardino on this project and think we have a strong understanding of your expectations for us on this project. After walking the Seccombe Lake Park site, we already have visions of what the improvements will look like when completed. There are so many beautiful areas around the lake and thought the park that have been neglected but are still intact. The bathroom replacements, lake improvements, ADA upgrades, irrigation improvements, and new planting for this project will revitalize the park and enhance the existing character of the park. We will be focusing on low maintenance, low water use, and enduring park improvements. Plants will be selected so that something will be blooming all year round but also for foliage color, texture, and contrast. It is also important that plant material stay low for safety and visibility.
Several options for the design of the park improvements, irrigation system, and site furnishings, will be discussed with the City Staff to determine the best solutions for beautification as well as safety, long term maintenance, and durability. Many of the trees in the park have survived without irrigation but more new trees need to be planted where trees are missing and to provide more shade and cooling.
RHA Landscape Architects has assembled a strong team for this project consisting of DBA Engineering for Survey and Civil, BOA Architecture, JCA Electrical Engineers, and Lake Tech for lake cleanup.
We understand that the project will start after May, 2022. RHA has the resources meet any required 6800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506 (951) 781-1930 LICENSE #1512 FAX (951) 686-8091 E-MAIL: [email protected] DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 Seccombe Lake Park Revitalization Project May 19, 2022
San Bernardino, CA
schedule needed for this project and because we have worked with you before, we can hit the ground running. A schedule has been included that includes the proposed timeline for the work.
The proposed level of effort and breakdown of man-hours is included in our fees schedule. The approach for the work is covered in the "Fee schedule Work Plan" included in the proposal.
The management, and primary contacts, authorized to speak for the firm during the evaluation process are Doug Grove, RLA, LEED AP and Greg Meek RLA, CPSC; both licensed Landscape Architects who are extremely experienced providing exceptional landscape architectural services to cities and public agencies. We can be reached at the telephone numbers and email addresses below.
Doug Grove, email [email protected] Telephone (951) 781- 1930 ex 121 Greg Meek, email [email protected] Telephone (951) 781 - 1930 ex 122 Doug Grove and Greg Meek will both be involved in the management of this project. Most of the irrigation work will be performed by Landscape Architect, David Black our irrigation specialists. Our support staff are Lauren McCullough, Landscape Architect, and Landscape Designers, Jennifer Iklady and Andrew Lytle.
RHA is not requesting any modifications to the City of San Bernardino Standard Agreement and there will be no exceptions
RHA has no client relationships that could present possible conflicts of interest or effect the proposed project.
The RHA office is located at 6800 Indiana Street, Suite 245, Riverside California. Only 12 miles from the City of San Bernardino Offices.
This proposal shall remain valid for the period of not less that 90 Days from the date of submittal.
We look forward to working with you on this exciting project! Cordially,
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
greg Mack
Greg Meek, RLA, CPSC
Principal
2 RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 San Bernardino - Seccombe Lake Park May 19, 2022
Alex Qishta P.E
Table of Contents
COVER LETTER (including statement of acceptance) 1
TABLE OF CONTENTS 3
SCOPE OF SERVICES 4
PROFESSIONAL AND TECHNICAL SUPPORT 13
TIMELINE & SCHEDULE 18
SIMILAR PROJECT EXPERIENCE 19
SUBCONSULTANTS 29
REFERENCES 36
FEES FOR SERVICE (Separate Envelope)
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
3 Table of Contents
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 9
SCOPE OF SERVICES
We understand that this project is to revitalize the Seccombe Lake Park and give it new life.
Seccombe Lake Park is such a beautiful park and will have so much to offer the community when it is revitalized and new amenities are added. The center piece of the park is the large lake, which needs cleaning but has so many unique seating areas, viewing areas, and walking areas around its perimeter. The existing stage areas would be great for holding recreational activities such as concerts, or educational events for children. New restrooms and renovation of the gazebo will refresh the architectural appearance and make the park more convent for families. Walking the Seccombe Lake Park site, we became aware of the existing conditions and are ready to meet with the recreation staff and the community to discuss how the park will be programed and used. We will analyze the parks opportunities and constraints, including, but not limited to, accessibility, safety, circulation, programable areas, and ballfields. We will get into the details such as the condition of the irrigation system, electrical, buildings to be demolished, maintainability and the project budget.
The Seccombe Lake Park Revitalization project will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events, gatherings, meet neighbors and make new friends. This park will help build a safer community, provide a place for children to play and interact, walkers to walk and exercise, and a place to relax and enjoy the outdoors. Located in the center of the city, Seccombe Lake park has been serving the surrounding community for many years but due to neglect and vandalism, it has not felt welcoming to visitors. With the new restrooms, new accessible playground equipment, improved lighting, lake clean up, bridge repairs and other proposed improvements, Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community.
Scope of this project will include improvements as requested in the RFP which include:
1. Install 2 Midsized Playgrounds - Full replacement of existing playground with addition of some all-inclusive playground equipment with rubberized turf and shade canopies.
2. Entry Point Paver Upgrades (5 Entries) - At all entry points from parking lots, pavers or stamped concrete will be
installed to give the park a more aesthetically friendly and updated look.
3. ADA Ramps Installation (Upgrades) - Upgrade all ramps to current standards redesign of ramp on 5th St that is out of compliance and may be too long in length.
4. Picnic Tables (that are colorful and made from recycled material) with Mesh-Iron Umbrellas
Installation of 12 circular picnic tables with a mesh-iron RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
4 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 9
umbrella in 12 pre-existing areas (ADA designed).
Two of these tables will have ADA access from the sidewalk/parking area.
5. Additional bench seating installed (approximately 12) throughout the park.
6. Center Island Restoration
Requires extensive soll restoration, re-landscaping, and stamped concrete/paver installed to replace existing sidewalk.
Incorporate a full 360 view of the lake and surroundings- no tree removal.
Including historical type directional nautical compass layout on the center island.
Footbridge Repair and Re-Paint
Replacement of wood planks and repainting of both footbridges.
Mesh-Iron System may be preferred depending on structural soundness of plank system.
7. Exercise Trail QR Code Stations
Appropriately ADA located- 6 exercise stations to be installed along existing sidewalk spanning through the lake. Areas where stations shall be installed should be at the wide widths of sidewalks.
Stations shall be defined by concrete bump-outs or extensions, and signage.
8. Educational Trail Next to Ranger Station
Located at north end of Belle Street in park. (Building may have needed repairs to be completed- not a part of RFP).
9. Doggie Stations
6 doggie stations throughout the park area with bag dispensers, waste container, and water fountains. Current stations to be removed, relocated, or replaced.
10. Date Palm Solar Wrap Up Lighting
Decorative lighting for the date palms on the corner of 5th St and Sierra Street. Lights will be out 6f reach to the public and will wrap around trees.
11. Flagpole upgrade to include solar wrap up lighting and vandal- proof rope
Full Irrigation and controllers (Separate RFP)
Consultant shall upgrade irrigation that may be needed for proposed landscape beds, new trees, grass areas, etc.
12. Full electrical lighting and poles within park area restored Electrical service (transformers, pull boxes, etc.) existing unknown. New Park lights are required throughout the entire park.
Walkway lighted bollards also needed.
13. Two (2) EV Charging Stations
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
5 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 9
14. Restroom buildings (3) to be demolished
One existing building damaged by fire.
New Restrooms to be installed (3 locations)
Existing plumbing require a complete rebuild for any new restrooms. Restrooms should be deigned to be sustainable and low maintenance with ADA compliant features.
15. Entire lake area clean-up
Complete removal of all lake debris and junk that has
accumulated over the years.
16. Gazebo restoration
New roof, steeple, and electrical re-established. All supporting structural members shall be repaired. Concrete is to be upgraded and sound system to be installed.
17. Move "Temporary Dog Park" and Create Permanent "Salty Dog" Park
This park would use current fencing, add seating (made from recycled materials) and shading in seating areas.
Include 3 agility equipment pieces in large and small dog park.
Include drinking fountain for dogs.
18. Shade Sails in Specific Seating Areas Throughout Site
19. Two Main Entry Archways with Park name on 5th St. and Sierra St./7th St This design shall be like White Park in Riverside.
20. Aquatic Art Pieces
2 smaller island Public Art pieces (mermaids as per Figure 1 in Appendix A) and 1 piece next to field entry way
21. Renovation of Dirt/Grass Areas along 5th St.
Replacement of grass with rock and DG ground layers with cactus and other flora.
22. Renovation of Baseball Fields
New grass upgrades, visuals, and ADA accessibility.
23. Upgrade Concession Area
Upgrades are to enhance visual atheistic and accessibility.
RHA Landscape Architects has worked with and has a close working relationship with a contractor that has recently complete projects within the City of San Bernardino. Due to this relationship, RHA has access to accurate and current construction costs for park improvements.
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 4 of 9
CONCEPTUAL DESIGN PHASE
TASK 1 - KICKOFF MEETING, PROJECT MANAGEMENT AND
COORDINATION
We will coordinate and attend a project kick-off meeting within one (1) week of receiving the Notice-to Proceed from the City.
The purpose of the meeting will be to establish clear lines of communications, review and redefine the proposed project scope and schedule and establish general design guidelines, discuss project goals, parameters and constraints and obtain background data. We will attend status meetings as necessary during the course of the project to keep the City staff abreast of the project development. We will establish review
milestones in the project schedule and submit deliverable products in a timely manner for adequate City review and revision. We have included four (4) scheduled meetings during conceptual planning, one of those meetings will include the community and City Council.
TASK 2 - SITE RESEARCH, SURVEY AND REVIEW PROJECT DATA
The RHA team and David Beckwith Associates will perform all necessary data collection that will include a topographic site survey, research, gathering and reviewing existing City records appropriate for the project site. RHA will review existing site information, including maps, landscape plans, topographical information, Geographic Information System (GIS) data, street improvement plans, along with any requested information to complete a successful project. Included in this phase will be to identify areas of the project that will require traffic control plans for construction activities.
We will complete all field reconnaissance necessary to verify existing irrigation and planting improvements and site conditions and locate and identify undocumented surface improvements relevant to the proposed redesign.
TASK 3- SITE TOPOGRAPHIC SURVEY
David Beckwith Associates will provide all survey work needed to complete the project. The survey will include spot elevations, contours existing grades, high points, low points, utilities, curb returns, top and bottom of curbs, and spot elevations every 50 feet.
RHA will visit and evaluate the site to determine the existing landscape conditions, grading, drainage, irrigation equipment, utilities, and other critical information required for a complete design. RHA staff will photo document the site, take notes on existing conditions, test the operation and condition of the irrigation system components.
TASK 4- UNDERGROUND UTILITY LOCATING
David Beckwith Associates in conjunction with their underground utility locating consultant shall locate surface indications of the underground utilities (excluding irrigation lines) and attach y located win be noperated and tow that topraphic map showing but horizontal and vertical values to the nearest foot.
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Scope of Services 7
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 5 of 9
TASK 5- EXISTING RESTROOM DEMOLITION & CONCESSION EVALUATION The RHA Team member BOA Architecture in the preliminary phase, will provide an evaluation for the new park restrooms and concession areas that would identify improvements needed and provide with estimated cost for the upgrades and replacements.
TASK 6- ASBESTOS INVESTIGATION FOR BUILDINGS BEING REMOVED 'he RHA Team member, BOA Architecture, in the preliminary phase will provide a site assessmen of the existing buildings to be demolished and collect asbestos samples of the existing restroor buildings The samples will be analyzed and a report will be created that is sufficient for abatement contractor to remove the asbestos.
TASK 7- PREPARE CONCEPTUAL DESIGN PLAN
The RHA Team will prepare a schematic Seccombe Lake Park plan that will provide and recommendations of all site uses and features including, but not limited to: the Restroom Upgrades, Concession areas, play areas and equipment, site furnishings, site lighting, LID runoff Mitigation requirements, planter areas, parking lot renovation, and irrigation recommendations, landscape design and irrigation concept. The plan will identify the proposed irrigation system and equipment
recommendations, a palette of proposed plant material,
boulders, and other materials used in the design.
TASK 8- MEETING WITH STAFF
After completing the conceptual design plan, RHA will meet with the City staff either in person or virtually through a Zoom meeting to report all findings and review the Conceptual Design plan, RHA will discuss the existing conditions and finding with staff and present the schematic design with recommended options landscape and irrigation. Once an agreed upon option is determined, RHA will proceed with the Design Development drawings.
TASK 9 - PRESENTATION OF THE CONCEPTUAL PLAN TO THE STAFF AND COMMUNITY The RHA Team understands that as part of the City's COVID-19 transmission mitigation efforts, the City is prioritizing the health and safety of our residents, employees, and contractors. Therefore, the City may suspended all in-person meetings to reduce the number of visitors to City facilities in an effort to limit the spread of COVID-19. The RHA team has already been conducting meetings virtually, for many other projects but if this change the team can make other arrangements if directed by the city.
We will provide (1) public outreach meetings, (1) progress meetings with stakeholders, and one (1) presentation at a City Council study session meeting is required. The public outreach meeting shall include meetings with interested residents and with any community organizations or sports leagues that use the park on a regular or occasional basis. The final design meeting shall include a project presentation to the City Council.
TASK 10- MEETING WITH STAFF
After receiving input on the conceptual design plan and making recommended modifications, RHA will meet with the City staff either in person or virtually through a Zoom meeting to report all findings and RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
8 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 6 of 9
changes to the conceptual design plan. Once all the final design has been agreed upon, RHA will proceed with the construction documents.
CONSTRUCTION DESIGN PHASE
TASK 13 - CONSTRUCTION DOCUMENTS
All plans will be developed using AutoCAD 2018. We will utilize the City title block at 24" x 36". Construction documents will be submitted for City review at 60% and 100% completion. Final drawing will be stamped and wet signed.
1. DEMLITION PLANS
Detailed plans will be prepared plans illustrating the locations and limits of the proposed project and identify the location and limits of existing site features that are to remain in place and protected from construction activities.
2. CONSTRUCTION PLAN & DETAILS
RHA will prepare a construction plan that will locate by dimensioning all site elements including, play equipment, concrete paving, walls, fencing, and site furnishings. Details will be provided to demonstrate proper construction and installation of all the site elements.
3. PRECISE GRADING AND DRAINAGE PLAN
David Beckwith Associates coordinating with RHA will prepare one (1) set of precise grading and drainage plans. Plans will include finished grading design for the new site concrete walkways and ADA compliant pathways around the park from the existing street and Parking lot to the play areas.
Area drainage system and construction details will also be shown. Services also include agency plan check revisions, construction notes, quantities, and construction details.
4. ON SITE SEWER AND WATER PLAN
David Beckwith Associates shall prepare one (1) set of onsite sewer and water plans. Improvements will indicate new main/lateral alignment and sizing with cleanouts and valves from existing points- of-connection outside of the public right-of-way to the drinking fountains in plan-view only.
Assumes existing connections within the public right-of-way will be sufficient for new service and connections will be made on the property site of the right-of-way and no additional offsite plans will be required. Plans include agency plan check revisions, construction notes, quantities, and construction details.
5. HYDROLOGIC ANALYSIS
David Beckwith Associates shall prepare one (1) set of hydrologic calculations consistent with the guldelines set forth in the San Bernardino County Department of Public Works Hydrology
Manual, dated January 2006. The hydrologic calculations will be completed utilizing the County's "HydroCalc" computer program to determine construction stormwater conditions. These
calculations will be utilized in the SUMP to determine the hydrologic conditions of concern for the site. This task does not RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
9 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 7 of 9
include analysis of off-site flows.
6. STANDARD URBAN STORMWATER MITIGATION PLAN
David Beckwith Associates shall prepare one (1) set of SUMP/Low Impact Development (LID) documents in conformance with the requirements and conditions for LID improvements that are compliant with NPDES Order R4-2012-0175 and NPDES No CAS004001 for the County of San Bernardino. The SUSMP/LID shall analyze prescribe structural and non-structural Best Management Practices (BMPs) in compliance with LID standards. Treatment control BMPs, shall be appropriately sized to meet minimum flow rate/volume mitigation design requirements of the local municipal agency.
7. ARCHIECTURAL DRAWINGS
BOA Architecture will provide architectural documents for totally remodeling the interior of the existing public concession building for ADA needed improvements an estimated cost for the ADA upgrades. BOA will also provide architectural drawings for a new site-built or prefab building for snack bar and equipment storage.
8. ELECTRICAL AND LIGHTING
JCA Engineering Inc., Electrical Engineering & Consulting will provide Electrical Construction documents reflecting the new site main service, power connection to existing services and lighting for the renovated park. Plans will include a demolition plan denoting existing conduits and connectors to be removed. Two new electrical vehicle spaces will be added in the parking lot
9. PARKING LOT REPAVING & STRIPING
David Beckwith Associates coordinating with RHA will prepare plans for the parking lot repaving and striping as needed for the electrical vehicle spaces and new ADA compliant pathways from the parking lot to the proposed and existing park elements.
9. LAKE EVALUATION AND CLEAN UP
RHA will has included on our team Lake Tech a lake management and maintenance company to provide a structure scan of Seccombe Lake to determine the level of debris in the lake and test the water quality. From this information RHA will prepare plans and specification for the cleanup of the lake. We have experience with Tri City Park Lake and Laguna Lake in the City of Fullerton. The water quality of the lake will be evaluated and shoreline erosion controls will be designed. The lake will be cleared of all debris except the sediment on the bottom. Recommendations for aquatic plantings may be made that will improve water quality.
10. IRRIGATION PLAN & DETAILS
Irrigation retrofit plans to water all proposed planted areas with 100% coverage. All irrigation plans will include the location, type, size and manufacturer of the proposed equipment and materials necessary to construct the irrigation system. The plans will also include all required notes and calculations necessary to demonstrate the engineering suitability of the proposed system. Pressure loss calculations, point of connection, mainline, lateral and head layout, drip irrigation layout, controller location, and flow calculations will be provided. The controllers will be ET based Smart controllers with moisture sensing capabilities, non-volatile memory. The system will be designed for a minimum efficiency of 70 percent. Details will be provided to demonstrate proper installation of all irrigation equipment.
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
10 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 8 of 9
11. PLANTING PLAN, HARDSCAPE & DETAILS
HA will prepare detailed plans for all planting areas on the site. These plans will locate ano dentify all items of plant material and inert materials such as boulders or rock. Drought toleran plant materials will be used to conserve water, reduce maintenance and ensure the long- term health and viability of the plant material. Planting plans that illustrate the location, size, quantity and type of proposed plant and inert materials required to complete the project. The plans will include, but are not limited to, trees, shrubs, ground covers, flower color, and mulch
12. SPECIFICATIONS
We will prepare book specifications Identifying types and qualities of materials and methods to be used in construction.
13. WATER SCHEDULING
A detailed watering schedule for the proposed irrigation system for both plant establishment and post plant establishment.
TASK 14 - OPINION OF PROBABLE CONSTRUCTION COSTS
RHA will prepare a detailed opinion of probable construction cost at the design development stage, at 60% and the 100% submittal of the construction documents. The estimate will be a very detailed line item document identifying all of the specific amenities proposed for construction.
TASK 15 - BIDDING ASSISTANCE & COORDINATION
We understand that the City will coordinate the advertising of the plans and specifications for bidding and hand out all plans and specifications to the contractors. We will assist the City in preparing addendums, answering questions and attending a pre-bid
conference.
TASK 16 - CONSTRUCTION SUPPORT
RHA will review shop drawings, respond to requests for information, attend the preconstruction meeting, make weekly field observation visits of the project during construction to review construction progress as requested by the City. The City's inspector will provide the day-to-day inspection and organize the meetings. We will support the City, advising and making recommendations.
The following duties will be included in the construction administration phase:
1. A pre-construction conference will be conducted to be attended by the City, Design Team, and the contractor along with major subcontractors for the project. All of the requirements regarding the hours of operation during the length of the construction process will be carefully outlined. All of the required contracts, bonds, and insurance will be reviewed with the contractor. Construction schedules as provided by the contractor along with the schedule of values will be reviewed and approved.
2. Weekly visits (a total of 5 visits @ 3 hours/visit) to the job site will be conducted including meetings with the general contractor and the City to ascertain the progress of the project and RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Scope of Services 11
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 9 of 9
its compliance with the contract documents. Meeting minutes will be prepared for distribution.
3. All necessary drawings/specification clarifications will be prepared to further indicate project requirements.
4. All submittals provided by the contractor as required in the contract documents will be reviewed and approved including shop drawings, samples, and product data. Turnaround time for review of submittals will be two (2) weeks from receipt of submittals in RHA's office.
5. Assistance will be provided as to the appropriateness of all testing and inspection related to the project.
6. Upon completion of the project, a final punch list will be prepared for items to be corrected on the project by the contractor. Assistance will be provided in coordinating all of the require guarantees and operating manuals for all of the components of the irrigation system
7. A final inspection of the park at the conclusion of the landscape maintenance period. We will make recommendations for acceptance by the City as appropriate.
8. We will prepare as-built record drawings of the final installation based on as-built redline plans provided by the contractor.
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
12 Scope of Services
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 1
Project Team Organizational Chart
Doug Grove Greg Meek
President Principal
Landscape Architect Landscape Architect
LEED AP
Jennifer Salazar Lauren McHugh David Black
Project Manager Project Manager Project Manager
Landscape Designer Landscape Architect Landscape Architect Kathy Beatty Andrew Lytle
Office Manager Project Captain
Accounting Landscape Designer
Our staff is available to work on this project and will be available as needed. The hours anticipated for this project for each task is included in our fee schedule.
As president of the company, Mr. Grove is authorized to negotiate on behalf of RHA. Doug Grove or Greg Meek will be the one point of contact for the City of San Bernardino and will be the project manager assisted by Lauren McHugh and David Black. David Black is our irrigation specialists and will be evaluating the existing irrigation system and designing the irrigation for the additional area being added to the park. Andrew Lytle, landscape designer will be performing most of the auto CAD drawings for the project and preparing presentation graphics.
Our well qualified team that we have assembled for this project includes the following firms:
David Beckwith Associates - Survey, Civil Engineering, Grading, and Drainage Boa Architecture - Architecture, Restroom ADA evaluation, and Asbestos investigation JCA Electrical Engineers - Electrical and lighting
Our mid-sized office with qualified and experienced staff ensures that you will receive exception and personalized service. We like to create an environment that feels like we are an extension of the City Staff. Our goal is to always make you look good, to the people you report to, the public, the Commissions and the City Council. We look forward to working again with the City of San Bernardino! RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Professional and Technical Support - Organization Chart 13 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMES - Doug Grove
Doug Grove, RLA, ASLA, LEED" AP
President RHA
Education: LANDSCAPE
BS/1985/Landscape Architecture/ ARCHITECTS
Cal State Polytechnic University, Pomona PLANNERS. INC
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 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.
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 and the CPRS District 11 Board of Directors as the Administrators Section Representative. 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):
Park and Recreation Needs Assessments
• Benicia Parks, Trails, and Open Space Master Plan
• Chino Parks and Facilities Master Plan
• Carlsbad Parks and Recreation Master Plan
• Pleasant Hill Recreation and Park District Parks and Recreation Master Plan • San Clemente Parks and Recreation Master Plan
• Temple City Parks and Open Space Master Plan
• Carisbad Needs Assessment and Comprehensive Action Plan • Ladera Ranch Needs Assessment/Park and Recreation Master Plan, Ladera Ranch • San Jacinto Park and Recreation Master Plan, San Jacinto Neighborhood Parks
• Chino Rancho Park, City of Chino
• Lucinda Garcia Park, City of Monrovia
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 14
6800 Indiana Avenue, Suite 245, Riverside, Califomia 92506 - (951)781-1930 - (951) 686-8091 - www.rhala.com DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMES —Doug Grove
• Jane Reynolds Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks , City of El Segundo
• Monte Vista Park, City of Chino
• Celebration Park, City of Ontario
• Rimgate and Tamarisk Park Renovations, City of Lake Forest • 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
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Hull Park, City of Lancaster
• Pikes Peak Park, City of Norco
• McCarthy Park, City of Upland
• Upland Parks Renovation, City of Upland
• Cresta Verde Park Renovation, City of Corona
• City Park Renovatlon, City of Corona
• Twila Reid & John Marshall Parks Renovation, City of Anaheim • Judson Street Park, City of Redlands
• Montecito Ranch Park, County of Riverside
• Taft Park, City of Riverside
Historical Parks
• Chino Old Schoolhouse Museum, City of Chino
• Aliso Vlejo Ranch, City of Aliso Viejo
• Founders Park, City of Anaheim
• San Antonio Park, City of Upland
• White Park, City of Riverside
• Reyes-Adobe, City of Agoura Hills
• Hillcrest Park Renovation, City of Fullerton
• Jensen Alvarado Ranch, County of Riverside
• California Citrus State Historic Park, State of California and City of Riverside Community and Sports Parks
• La Palma Park, City of Anaheim
• Torrance Park, City of Torrance
• Yorba Park, City of Orange
• Oak Park Sports Fields, Pleasant Hill Recreation & Parks District • Columbia Park, City of Torrance
• Kare Park, City of Irwindale (Kare Youth League)
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park - RV Park, Water Play & Miniature Golf, County of Riverside RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 15
6800 Indiana Avenue, Suite 245, Riverside, Califoria 92506 - (951)781-1930 - (951) 686-8091 - www.rhala.com DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMES - Dong Grove
• Moreno Valley Community Park - Soccer Field Renovations (synthetic turf), City of Moreno Valley • Harveston Community Park, City of Temecula
• Lancaster Youth Ball Fields (13 fields), City of Lancaster • American Heroes Park, City of Lancaster
• Citrus Community Park, City of Corona
• John Anson Ford Renovation, City of Bell Gardens
• Hunter Community Park, City of Riverside
• Reid Park Expansion, City of Riverside
• Domenic Massari Park, City of Palmdale
• Whit Carter Park, City of Lancaster
• Orange Terrace Community Park, City of Riverside
• Shadow Mountain Park, City of Moreno Valley
• Tierra Bonita Park, City of Lancaster
• Live Oak Park Renovation, City of Temple City
• March Air Force Base Regional Park, MAFB Joint Powers Authority • Schabarum Park Renovation, County of Los Angeles
• Ardmore & Shatto Parks Renovation, City of Los Angeles • South Community Center Park, Town of Yucca Valley
• Bryant Street Park, City of Yucaipa
• Rawley-Duntley Park, City of Lancaster
• Cactus Basin (Jerry Eaves) Park, City of Rialto
• Centennial Park, City of Redlands
• Cardiff-by-the-Sea Sports Complex, City of Encinitas
• Kern Desert Regional Park, City of Ridgecrest
• Park Arroyo, City of El Monte
• Andulka Park, City of Riverside
• Indio Community Center/Park, City of Indio
• La Sierra & Hunt Parks, City of Riverside
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 16
6800 Indiana Avenuc, Suite 245, Riverside, California 92506 - (951)781-1930 - (951) 686-8091 - www.rhala.com DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMES - Greg Meek
GREG MEEK, RLA
PRINCIPAL RHA
EDUCATION:
LANDSCAPE
BA/1979/LANDSCAPE ARCHITECTURE/
ARCITECTS
TEXAS A&M UNIVERSITY
Performance Leadership - DunkinWorks 2016 PLANNERS, ING Resolve - Negotiations training - Agreement Dynamics Inc. 2017 ACTIVE REGISTRATION:
Landscape Architect/2484/State of California
Certified Playground Safety Inspector (CPSI)
Mr. Meek is a Principal Landscape Architect with RHA Landscape Architects-Planners, Inc. He graduated from Texas A&M in 1978 and holds a Bachelor of Arts degree in Landscape Architecture. A professional Landscape Architect for over 36 years, his wide range of experience in the public works sector includes 3 years as the Senior Landscape Architect for the City of San Jose, the tenth largest city in the United States and 10 years of experience as a park development coordinator for various cities in California. He has been responsible for managing Park Dwelling and Park Impact fees, preparing and monitoring agency capital budgets, planning and managing agency capital improvement program, developing requests for services, agreements, and contracts, negotiating fees for services, preparing contracts, and managing staff and contractors.
Mr. Meek's experience in the private sector has included business development, client and project management, preparing budgets and cost estimates as well as the design of sports parks, neighborhood parks, schools, and streetscape projects. He has also provided consultant plan checking services for the cities of Diamond Bar and Palm Desert as well as in his capacity as landscape architect at the cities of Fullerton, San Jose, and San Mateo.
Representative projects include (partial list):
• Linda Garcia Park, City of Monrovia, California
• Elysian Park, City of Los Angeles, California
Nicholson Park, City of San Bernardino, California
• Marine Park, City of Santa Monica, California
• Lee Owens Park, City of Whittier, California
• Dolphin Park Inclusive Playground, City of Carson, California • Acacia and Washington Park, City of El Segundo, California • Hayward Square Park, City of San Mateo, California
• Beresford Park, City of San Mateo, California
• Martin Luther King Park, City of San Mateo, California • Poplar Creek Golf Course club House Landscape Renovation, City of San Mateo, California • Lake Cunningham Bike Park/ Extreme Sports Park, San Jose, California • Grand Terrace Fitness Park, Grand Terrace, California • Bagdouma Park Renovation Praject, City of Coachella, California • Dateland Park Renovation Project, City of Coachella, California • Casmalia and Alder Street Beautification Project, Rialto, California • Terra Bella Specific Plan Landscape Design Guidelines, French Valley California • Stratham Homes Neighborhood Park - Jurupa, Califarnia • Menifee Town Center, Menifee California
• Rancon Medical Office Center Wildomar, California
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenuc, Suite 245, Riverside, California 92506 - (951)781-1930 - (951) 686-8091 - www.rbala.com 17 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEX PERSONNEI RESUMES - Greg Meek
• Mission Plaza, Riverside, California
• Sycamore Creek Housing Development Temescal Valley, California • Rancon Medical Office Center Wildomar, California
• Eastside Park Phase I1 Improvements, City of Yorba Linda, California • Community Park Improvement Project, Poway, California • Comprehensive Park and Facilities Master Plan, Colton, California • Camp Little Bear, Themed Park Development, Bell, California • Clarington and Mandeville Parks and Play Area Renovation Projects, Laguna Hills, California Four Park Play Area Renovation Projects, Gardena, California • Eight Park Evaluation and Improvement Project, City of Indlo • Downtown Fullerton Street Tree Improvement Project, City of Fullerton • Vista Community Sports Complex, City of Vista, California • South Gate Park Renovation and Beautification, South Gate, California Washington Street Park Development, Diamond Bar, California Yorba Linda Water District, Elk Mountain Park Feasibility Study, Yorba Linda, California San Dimas Avenue Streetscape Improvements, San Dimas, California • Casmalia and Alder Street Beautification Project, Rialto, California Terra Bella Specific Plan Landscape Design Guidelines, French Valley California Stratham Homes Neighborhood Park - Jurupa, California
Menifee Town Center, Menifee California
Rancon Medical Office Center Wildomar, California
Mission Plaza, Riverside, California
• Sycamore Creek Housing Development Temescal Valley, California • Tri City Park Lake Improvements Fullerton, California RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 - (951)781-1930 - (951) 686-8091 - www.rhala.com 18 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMES - David Black
DAVID BLACK, RLA
LANDSCAPE ARCHITECT RHA
EDUCATION:
LANDSCAPE
BS/1999/LANDSCAPE ARCHITECTURE/
ARCBITECTS
CAL STATE POLYTECHNIC UNIVERSITY, POMONA
PLANNERS. INC
ACTIVE REGISTRATION:
2009/Landscape Architect/5509/State of California
Contractor License CA #789824(C27)
Mr. Black is a Project Manager and Licensed Landscape Architect with RHA Landscape Architects-Planners, Inc. He graduated from California State Polytechnic University, Pomona, and holds a Bachelor of Science degree in Landscape Architecture. He has more than 19 years of landscape design and construction experience and specializes in irrigation design for all projects at RHA. As a professional Landscape Architect, Mr. Black has established his ability to work efficiently and professionally throughout all aspects of project development. His 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 meetings with clients and governing agencies, overseeing project budget preparation, design development and approval on numerous projects as well as following through with obtaining all other necessary approvals needed for final drawing completion.
Representative projects include:
Neighborhood Parks
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park Inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley • Lancaster Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks, City of El Segundo
• Monte Vista Park, City of Chino
• Concourse & Mountain View Parks, City of Lake Forest
• Rimgate & Tamarisk Parks, City of Lake Forest
• Stagecoach Park, City of Corona
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Pikes Peak Park, City of Norco
Community and Sports Parks
• Yorba Park, City of Orange
• Columbia Park, City of Torrance
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park - RV Park, Water Play & Miniature Golf, County of Riverside • Moreno Valley Community Park - Soccer Field Renovations (synthetic turf), City of Moreno Valley RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 19
6800 Indiana Avenue, Suite 245, Riverside, Califomia 92506(951)781-1930 - (951) 686-8091 - www.rhala.com DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 KEY PERSONNEL RESUMEN- David Black
• Harveston Community Park, City of Temecula
• Lancaster Youth Ball Fields (13 fields), City of Lancaster • American Heroes Park, City of Lancaster
• Hunter Community Park, City of Riverside
• Reid Park Expansion, City of Riverside
• Whit Carter Park, City of Lancaster
• Orange Terrace Community Park, City of Riverside
• Shadow Mountain Park, City of Moreno Valley
• Live Oak Park Renovation, City of Temple City
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 20
6800 Indiana Avenue, Suite 245, Riverside, California 92506 - (951)781-1930 - (951) 686-8091 - www.rhala.com Seccombe Lake Park Improvements Project Schedule
May 19, 2022
RHA Landscape Architects-Pluners, Ine.
CONCEPTUAL DESIGN
Project Kick-off Meeting with City staff 0 days Mon 8/20/22 Mon 8/20/22 0 6/20 Research and Revlew Prolect Data 2 wis Mon 6/20/2a 3/28 7H Topagraphic Survey 3wts. Mon 7MT2 Ft 7122122 714 7722
Prepare Schematte Plan 2wks Mon 7risrzzi
Meeting with City staff • 8/3
Community Meeting odeys. Mon shirz: Mon s/isiz • 848
Prepare Conceptual Design 2wks Tue 8110122 Mon 8120122 8418 _8/2B Meeting with Clty staff O drys: A1 8/272 • 82
Prepare Final Conceptual Design 2 wis Mon sis/za 918. 3M6 AM 12/2/22
Prepare 50% PS&E 849 • 10/14
Meeting with City staff Odayes Pl10/14122 Fil 10/4/22 • 10/14 = Prepare 100% PS&E 2ws Mon 10/17/22 Fr110/28/22 10/17 10/28 Meeting with City staff Odays Fr10/28/22 Fr 10/20/22 9 10/28 City review of PS&E 2 wis: Mon 10/3122 Fil 11/11/22 10/31 - 11/11 Final Plan Revisions 2 wks. Mon 11/14/22 Fel 14/25/22 11780 SI 19:38 1 aty review and approval of PS&E 1 it Mon 19/28/22 Fi122022 11/28 = 12/2 1° BIDDING 30 days: Mon 12/5i22 125 ( - 113
Project Bidding a wies Moin 1215/222 Fri 12/30/22 12/8
21 Revlew Bids and Award Contract Mon 1/2/23 1M3
22 CONSTRUCTION 198i disys. Fal triais fri talisris 1/13 (н • 10/3
Notice to Proceed Fil fisis i118/2s • 1413
24 Prolett Construction emons: Mon 1/10/23 Fri bizarzs 146 29 ''"Project Close out
8/26 - 18/13
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 3
RHA has completed the design of over 200 parks ranging from 2 acre Neighborhood Parks to 100 acre Regional Parks as shown on the following pages.
REGIONAL PARKS/FACILITIES
• Ruben S. Ayala Park 100 acres City of Chino
• Rancho Jurupa Regional Park 70 acres County of Riverside • California Citrus State Historic Park 400 acres City of Riverside/ State of California • March Air Force Base Regional Park 200 acres March Joint Powers Authority • The California Speedway 525 acres Penske Motor Sports • Pechanga Resort and Casino 146 acres Pechanga Band of Luiseño Indians
SPORTS FACILITIES & COMMUNITY PARKS
• Kare Park 14 acres Kare Youth League (Irwindale)
• Poinsettia Park Expansion 42 acres City of Carlsbad
• Pine Avenue Park Expansion 8 acres City of Carlsbad
• Aviara Community Park Expansion 24 acres City of Carlsbad • Grape Day Park 30 acres City of Escondido
Fergusson Park 10 acres City of Rialto
Lancaster Youth Ball Fields 60 acres City of Lancaster
• Rancho Jurupa Regional Sports Park 40 acres County of Riverside • Whit Carter Park 60 acres City of Lancaster
• American Heroes Park 5 acres City of Lancaster
• Harveston Community Park 20 acres City of Temecula
• Orange Terrace Community Park 30 acres City of Riverside • John Anson Ford Park 48 acres City of Bell Gardens
• Live Oak Park 15 acres City of Temple City
South Community Park 60 acres Town of Yucca Valley
• Amigo Park 10 acres County of Los Angeles
Machris Park 10 acres Town of Yucca Valley
Morrison Park 25 acres City of Moreno Valley
• Pico Park 10 acres City of Grand Terrace
• Riverside Sports Organization & Athletic Fields 60 acres Riverside Sports Organization Moreno Valley Community Park 18 acres City of Moreno Valley • Lancaster City Park (Big 8 Sports Complex) 60 acres City of Lancaster San Antonio Park 15 acres City of Upland
• Citrus Community Park 20 acres City of Corona
Hunter Community Park 20 acres City of Riverside
• Reid Park 20 acres City of Riverside
• Mountain Gate Park 24 acres City of Corona
• Northwest Park 20 acres City of Rialto
• Story Park 7 acres City of Alhambra
• Cabazon Park 9 acres County of Riverside
• Woodbridge Community Park 22 acres City of Irvine
• Shadow Mountain Park 10 acres City of Moreno Valley
• Bryant Street Park 16 acres City of Yucaipa
• Tierra Bonita Park 30 acres City of Lancaster
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Similar Park Design and Development Experience 22
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 3
• Rawley-Duntley Park 20 acres City of Lancaster
NEIGHBORHOOD PARKS
• Lee Owens Park Playground and Splash Pad 8 acres City of Whittier • Monte Vista Park Restroom and Splash Pad 8 acres City of Chino • Celebration Park 5 acres City of Ontario
Norco Ridge Ranch Park 1 acre City of Norco
Stagecoach Park 5 acres City of Corona
• Jameson Park 13 acres City of Corona
• Pablo Apis Park 5 acres City of Temecula
• Pikes Peak Park 8 acres City of Norco
• Electric Park 5 acres City of San Bernardino
McCarthy Park 5 acres City of Upland
Prime Desert Woodland Pavilion 3 acres City of Lancaster Maul Park 10 acres County of Riverside
• Eller Park 8 acres County of Riverside
• Jacobs Park Tennis Courts 0.5 acres Town of Yucca Valley • Hi-Desert Park 5 acres Town of Yucca Valley
• John F. Kennedy Park 7 acres City of Moreno Valley
• Wimbledon Park 3.5 acres City of Costa Mesa
• Bob Mcleod Park 3 acres City of Chino
• Jacobs Park 5 acres City of Cerritos
• Liberty Park 3 acres City of Chino
• Cresta Verde Park 5 acres City of Corona
• River Road Park 6 acres City of Corona
• Coyote Canyon Park 5 acres City of Rancho Cucamonga
• Spruce Avenue Park 5 acres City of Rancho Cucamonga
• Northwest Park 6 acres City of Rialto
• Montecito Ranch Park 10 acres County of Riverside
EXISTING PARK REHABILITATION
• Lee Owens Park Playground and Splash Pad 8 acres City of Whittier • Monte Vista Park Restroom and Splash Pad 8 acres City of Chino • Poinsettia Park Expansion 42 acres City of Carlsbad
• Pine Avenue Park Expansion 8 acres City of Carlsbad
• Aviara Community Park Expansion 24 acres City of Carlsbad • Grape Day Park 30 acres City of Escondido
• Tamarisk Park 8 acres City of Lake Forest
• Rimgate Park 7 acres City of Lake Forest
• Concourse Park 5 acres City of Lake Forest
• Mountain View Park 5 acres City of Lake Forest
• Moreno Valley Community Park 18 acres City of Moreno Valley • Hilicrest Park 50 acres City of Fullerton
• John Anson Ford Park 48 acres City of Bell Gardens
• Hunter Community Park 20 acres City of Riverside
• Reid Park 20 acres City of Riverside
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Similar Park Design and Development Experience 23
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 3
Live Oak Park 15 acres
• Machris Park 10 acres
Pablo Apis Park 5 acres
• Amigo Park 10 acres
• Cresta Verde Park 12 acres
City Park 10 acres
Schabarum Regional Park 60 acres outy of los Angele
Pamela Park 10 acres
• Crossroads Park 20 acres ity of Chino Hill
• Oakridge Park 10 acres
• White Park 10 acres City of pianide
• San Antonio Park 15 acres
HISTORICAL PARKS/FACILTIES
• Aliso Viejo Ranch 8 acres City of Aliso Viejo
• Founders Park 3 acres City of Anaheim
• Edward Dean Museum & Gardens 16 acres County of Riverside • Hillis-Hise Historic House & Gardens 5 acres County of Riverside San Antonio Park 15 acres City of Upland
• Reyes Adobe Historical Site 5 acres City of Agoura Hills • Hillcrest Park 50 acres City of Fullerton
• Jenson-Alvarado Park 16 acres County of Riverside
• California Citrus State Historic Park 400 acres City of Riverside/ State of California
TRAILS PLANNING
• San Marcos Trails Master Plan Update City of San Marcos • Orange Blossom Trail - Phase 1 City of Redlands
• Orange Blossom Trail - Phase 2
• Arroyo Seco Pedestrian and Bicycle Trail
• Yucca Valley Trails Master Plan
• Zanja Trail at Barton Vineyard Apartments
• Victoria Avenue Beautification and D.G. Walking Trail City of Riverside
RECREATION/OPEN SPACE PLANS/NEEDS ASSESSMENTS
• Parks & Facilities Master Plan City of Chino
• Park & Recreation Master Plan City of Carlsbad
• Park & Recreation Master Plan Pleasant Hill Recreation & Park District • Park & Recreation Master Plan City of San Clemente
• Cathedral City Parks & Recreation Master Plan City of Cathedral City Park and Open Space Master Plan City of Temple City
Needs Assessment and Action Plan City of Carlsbad
• Ladera Ranch Needs Assessment/Park and
• Recreation Master Plan Town of Ladera Ranch
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Similar Park Design and Development Experience 24
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 1 of 4
Lake Forest Park Renovations
RHA was retained by the City of Lake Forest to prepare Master Plans and Renovation Plans for 4 parks in the city. The projects were divided into 2 separate contracts with each contract containing 2 park sites, Concourse and Mountain View Parks & Tamarisk and Rimgate Parks.
RHA led the city staff and the community residents through a series of public workshops to determine what the desired improvements would be for the parks. Community meetings were held at the park sites as well as at the Parks and Recreation Commission meetings and City Council meetings. Individual Interviews were also done with some surrounding residents to obtain their direct Input on how the Improvements would affect them. Once the planning process was completed, construction documents were prepared RHA directed a consultant team consisting of civil, geotechnical and electrical engineering.
Client: City of Lake Forest
Contact: Vicky Blethen - (949) 461-3413
Completion: Mountain View & Concourse Parks - August 2012 Tamarisk & Rimgate Parks - June 2014
Construction Cost: Mountain View & Concourse Parks - $1,700,000 Tamarisk & Rimgate Parks - $2,700,000
Mountain View Park
Lake Forest, Celifercia CONSENSES FLAN
Removed existing sand volleyball court and designed new seating plaza and playground RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Similar Project Experience & References 25
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 2 of 4
these 2-20a
Concourse Park...
Lake Foret, Califomis CONSENSUA
Removed existing playground and designed new seating plaza, play equipment and custom sand and water play feature and added shade canopies
RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
26 Similar Project Experience & References
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 3 of 4
Tamarisk Park
Lake Forte, Califonsla
Removed existing playground and designed new Tree House themed playground with shade canopies RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Similar Project Experience & References 27
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 City of San Bernardino - Seccombe Lake Park May 19, 2022 Alex Qishta P.E Page 4 of 4
Rimeate Park
Lata: Forces, Cartonzia
Removed existing playground and designed new equipment with new shade canopies RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
28 Similar Project Experience & References
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
DAVID BECKWITH AND ASSOCIATES
FIRM PROFILE
CoNTACTS
Firm Address
1269 Pomona Road, Suite 108
Corona, CA 92882
714.349.7007 (T)
909.484.4229 (F)
www.davidbeckwithandassociates.co
David M Beckwith, PE, QSD, QSP
President
Environmental/Development Manager
[email protected]
Daniel A Calvillo, PLS
Vice-President
Surveying Services Manager
[email protected]
Jason R Mutka, PE
Vice-President
Structural Services Manager
[email protected]
Mark C Reifer, PE
Vice-President
Water Resources Manager
[email protected] BACKGROUND
David Beckwith and Associates (DBA) is a growing and vibrant California DIscIpLINES Certified SBE firm specializing in Civil & Structural Engineering, Land Civil Design Surveying, and QSD/QSP Environmental Services.
Hydrology and Hydraulic Analysis
DBA was founded in 2007 by David M Beckwith, PE and since its Water Quality Management Plan inception has strived to uphold our mission statement, "To simply be Storm Water Pollution Prevention
Sewer Capacity Study
Forced Main Water Hydraulics
Structural Design and 1 Qualified SWPPP Developer/Practitioner and Structural Observation DBA is an Equal Opportunity Emplover and Insurance Distress Report Claim soeporting seim cate an enco is an Evasty portunity fim Seismic Retrofit Analysis As a small business, DBA can assure our Clients that every project will Land Surveying and Mapping
Precise Leveling receive the attention of the President of the firm and with this high level Deformation Survey of interaction and commit each and every project will be given the As-Built Survey utmost and priority and ultimately set us apart from the rest of the Construction Staking industry.
Request for Proposal for
Engineering and Final Design
Services for Orange Blosse Trail
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 BLACK O'DOWD AND ASSOCIATES, INC.
BOA Coverian Services DBA BOA ARCHITECTURE
Govamment Services 1511 COTA AVENUE
LONG BEACH, CA 90813
PH: 562-912-7900
QUALIFICATIONS FOR BOA ARCHITECTURE
BOA Architecture offers a wide range of architectural design and planning services to assist public agencies in the design of variety of public spaces and facilities including:
Community Centers
Teen Centers
Parks, Recreational Facilities Renovations
Preservation of Historic Buildings & Sites
Civic Centers - City Halls Sports Gyms
Aquatic Centers - Swimming Pools Boxing Gyms, Weight Roon Facilities Master planning
We are dedicated to the concept of a thorough environmental design process, and we are motivated toward providing personal service. We respect the goals of our profession and strive to reflect them in our work. Our staff in our firm are trained in the physical and life sciences as well as in the art of design and the principles of construction. Because of this background and our respect and understanding for the relationships between people and the environment, we coordinate, develop and guide interdisciplinary teams that include the partnering with other design professionals such as landscape architects, engineers and planners.
DESCRIPTION OF THE FIRM
BOA is a 6-person architectural firm, located in Long Beach, that has been in continuous business for 60 years, with a competitive advantage in Public Works architectural modernization projects including: building additions, renovation/ retrofit, tenant improvements (TI); façade improvement projects, and building systems modernization. Although we have completed new construction projects, this is our industry niche and competitive advantage. We have completed over 2,000 Public Works architectural projects for over 80 local public entities. We have unique expertise in Parks/ Recreation Facilities, Fire Stations, Security-Workplace Safety Improvements, Community Centers, ADA Compliance, and Civic Center Facilities. We can compete favorably with just about any other firm on these building types. Our staff expertise and production systems are geared for these types of architectural modernization and often "messy" renovation projects.
We have completed the design of over 500 Parks/Recreation projects, over 60 Community Centers, over 70 fire stations, 20 libraries, over 400 ADA Compliance renovation projects, and 20 civic center renovation projects. Note that we have completed 4 past projects for the City of Huntington Beach and we are very familiar with Central Park having designed the renovation of the 3 Remote Park restrooms and restroom remodel at the Main Library.
We are a small firm that prides itself on personalized service by the principal and architectural staff. BOA's philosophy demands that the principal be intimately involved in every phase of your project. As a result, Edward Lok Ng, licensed architect, will be the Principal-in- Charge and the Project Manager for this project. This will allow high-level decisions to be made quickly and efficiently on your project.
BOA is also a firm that fosters an exceptional working atmosphere for its staff. As a result, high quality work is achieved for all of its clients. BOA's employees are highly skilled long- term staff and are always encouraged to become better architects and better project managers with continuing education and advanced certification.
30 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 Tidelands Beach Restrooms: BOA designed 8 new beach restroom facilities and extensively renovated 2 more. Each ot their location designations were architecturally designed to be compatible with the nearby community. Functions of the new building included individual beach changing rooms with toilet, a bank of common lavatories are stationed under a covered shade immediately out the changing rooms. All areas of the facility are fully accessible and ADA compliant. Ease of maintenance and Crime Prevention Through Environmental Design were important considerations in the design and orientation of the new buildings. As a result heavy-duty stainless steel plumbing fixtures, fiberglass doors & frames, and CMU interior walls were chosen. Liquefaction and a high water table were geotechnical issues that needed special attention. Thus, over-excavation & mat concrete slab were used to mitigate differential settlement and soil instability. This was directed by the City and designed by BOA.
Construction Cost: $5,000,000
Woollett Aquatic Center Locker Room & Acid Room Remodel: BOAArchitecture was commissioned to renovate and improve restrooms, locker rooms, and shower rooms for ADA Compliance and health/privacy improvements.
BOA's solution to convert the current type of showers to private shower/changing room stalls, was to carefully saw cut the entire shower room concrete floor, and install new concrete sloping floors and install numerous new individual drains, to expel water quickly and without mixing wash water with the adjacent shower stall. We designed new concrete curbs with solid phenolic partition to redirect the shower water. A design challenge was to aesthetically conceal (within a tall vaulted ceiling space) the numerous vent pipes needed for the new floor drains.
We accomplish this by hiding them between shower partitions. The swimming pool locker rooms and restrooms were improved and updated to meet ADA Compllance. Lastly, we redirected the flow of air in the acid room with custom ducting and exhaust fans to solve health concerns for increased natural ventilation.
Construction Cost $300,000
Jesse Owens Indoor Swimming Pool Facility: Given a tight budget to design an indoor competition/recreation swimming pool project, BOA work closely with the Users and the Client to provide value engineering to make this project feasible to build. Our Sustainable Design solution was to fully integrate natural ventilation into the design of a 19,000 s.f. indoor recreational swimming pool building. BOA's solution was a dynamic double-curved roof structure, large expanses of screened window area and slide-up glass doors. All rooms have at least 2 window openings on different walls to push air in and out of each room. Integration of natural ventilation into the building design deleted all cost that would be normally allocated for a HVAC and dehumidification system. Energy and operating cost were also dramatically reduced. In a collaborative effort with the BOA design team and Client team, we were able to cut $1.5 million from the construction cost.
Montebello Grant Rea Park Modernication and ADA Compliance: Located on the eastem edge of Montebello, in a suburban setting, BOA designed the modernization and ADA Compliance of the entire park with renovation of 3 restroom buildings. Every effort was made to minimize disturbance to existing site topography and serenity of the park. Instead of ramps with obtrusive handrails, we used gentle sloping concrete walkways at 5% slope without handrails. The project included total renovation of 3 sets of restrooms, walkway bridges over drainage swales, new sloping walkways, new baseball field fencing, paved accessible trails, accessibility signage, and new accessible parking, and replacement drinking fountains.
Pasadena Villa Parke Community Pool Deck & Equipment Replacement: BOA Architecture was commissioned to modernize this old municipal community center and pool facility at the Villa Parke Community Center. Some of the improvements to this expansive 2-story community center includes; bulletproof protective glass at the front public reception counter, replace the roof leak damaged flooring and ceiling in the senior center community room, and replaces the entire roofing (20,000 sf) with new PVC-TO roofing. Most of the old pool equipment room and everything on the pool deck will be replaced. A new feature that pool patrons will enjoy year-round is the new shade canopy structure and New electrical power and lighting. The "gem" of this renovation project, is the addition of a new entry lobby for the existing Boxing Gym and Weight Room.
Construction Cost: $1,000,000
City of L.A. Wilminton Senior/Multi-Purpose Center: This new "state of the art" facility dedicated to senior citizens will be able to meet recreational/social needs of seniors, and provide a "home away from home." This 12,000 sf facility is located on the grounds of National Historic Banning House. BOA worked closely with a Historic Consultant to locate & design a new building that was compatible but not mimic the Banning House. BOA also coordinated with the Councilman's Office, User Groups, City Cultural affairs, and Park Preservation to resolve design conflicts. This U-shape building with a courtyard focus, offered natural lighting within a secured environment, and provided a pleasant setting for seniors to meet and outdoor recreation. This facility exceeds ADA accessibility code requirements, featuring, access lift to the stage, automatic opening doors, liberal use of handrails/grab bars in the hallways, and an open plan to facilitate visual accessibility. Crime prevention features included, access controls, selective use of windows at ground level, and natural surveillance at courtyard and front entry. BOA coordinated workshops with senior & park user groups to formulate security, programmatic, and accessibility goals and provided a forum for User input.
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 JCA Electrical Engineering & Consulting
8048 Palm Avenue Highland, CA 92346 Phone 909-864-0223 Fax 909-864-0280 Summary
JCA Engineering Inc. is dedicated to provide efficiently innovative architectural lighting design services, and state-of-the-art electrical engineering. Projects successfully completed within the last year represent total construction values exceeding thirty million dollars. Those projects encompassed new and renovated educational facilities, efficient public works facilities, religious facilities, active and passive recreational sites, sports complexes, arenas and streetscapes for community revitalization. The principals of this growing design firm offer more than 65 combined years of experience in electrical systems engineering.
We implement new technology to evaluate our design proposals using software such as AutoCAD 2009 and Lightscapes. These design tools enable JCA to stay pace with new technology. The Lightscapes program allows JCA to demonstrate the different effects of direct and indirect lighting on the multi- dimensional planes of architectural features. All of our lighting design incorporates all required Title 24 energy codes and we are capable of providing all the required Title 24 forms to meet all state requirements.
JCA offers comprehensive experience in government, public works, parks, religious, business, institutional and educational facilities electrical system requirements and construction. In addition JCA provides design expertise in fire alarm, electronic communications, intrusion alarm and video distribution systems.
JCA also offers a large amount of experience in lighting design and distribution for streetscapes, sports parks, median improvements, passive parks, tract housing entries and condominium site lighting.
The firm is a certified small business firm and has complete general liability, workman compensation, automotive and errors/omissions Insurance coverage in the sum of one million dollars.
In conclusion JCA Engineering Inc. believes the most important reason for selecting our firm for the projects is the personalization and care our company will provide to the owner in order to design an efficient yet attractive electrical engineering design.
1 32
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 JCA Electrical Engineering & Consulting
8048 Palm Avenue Highland, CA 92346 Phone 909-864-0223 Fax 909-864-0280 Firm Experience
The firm was originally founded as JCA Consulting 1998 as a sole proprietorship. In 1999 JCA Consulting incorporated and changed th irm's name to JCA Engineering Inc. Mr. Corns' experience in th construction industry began in 1987 with Doby Engineering. In 1988 he an Associate at JDSA Engineers. In 1999 Mr. Corns left JDSA and joined the staff of JGA Engineering Inc.
PROJECT EXPERIENCE:
• The Grove Community Church Sports Fields, Riverside, Ca. • Jack Bulick Sports Complex, Fontana, Ca.
• Fontana Skate Park, Fontana, Ca.
• Ingalls Park, Moreno Horse Arena, Norco, Ca.
• Porterville Sports Complex, Porterville, Ca.
• Yucaipa Park, Yucaipa, Ca.
• Jet Propulsion Laboratories' Perimeter Security Lighting and Security • The Rock Church, San Bernardino, Ca.
• George Patton Park, Indio, Ca.
• Iris Landing Condos Site Lighting, Moreno Valley, Ca. • Rockcliffe Condos Site Lighting, Moreno Valley, Ca.
• Moreno Valley Community Park Sports Park, Moreno Valley, Ca. • San Sevaine River Trail Pathway Lighting, Fontana, Ca. • Bill Martin Community Park, Fontana, Ca.
• Center Street Park Sports Park, Victorville, Ca.
• Hook Park Sports Park, Victorville, Ca.
• Eva Dell Park Sports Park, Victorville, Ca.
• Colton Middle School Soccer Field Sports Lighting, Colton, Ca. • Corona Street Improvement Project, Corona, Ca.
• Amar and Azusa Boulevard Streetscape, Covina, Ca.
2 33
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 JCA Electrical Engineering & Consulting
8048 Palm Avenue Highland. CA 92346 Phone 909-864-0223 Fax 909-864-0280 • Los Banos Junior High School, Los Banos, Ca.
• Jurupa Education Center, Jurupa, Ca.
• ESRI Building Two, Redlands, Ca.
• Multiple Compress Natural Gas Stations, California / Texas Gene Autry Trail Business Center, Palm Springs, Ca.
• Redlands Medical Office Building, Redlands, Ca.
• Naval Weapons Base Firing Bay, China Lake, Ca.
• Pollywog Park, Manhattan Beach, Ca.
• Union Pacific Railroad Trail, Fullerton, Ca.
• Chaffey College Campus ADA upgrade, Upland, Ca.
• Marna O'Brien Sports Park, Wildomar, Ca.
• Mance Buchanon Sports Park, Oceanside, Ca.
• Ruben Ayala Sports Park, Chino Hills, Ca.
• El Camino Real Park, Orange, Ca.
Lucky Sports Park, Twenty-nine Palms, Ca.
• Moreno Valley Park Soccer Field Sports Lighting, Moreno Valley, CA JCA Staff
James J. Corns, President
Mr. Corns is the Project Manager for a majority of the projects. His duties include meetings, site visits, design of Electrical Construction documents and construction support. He also over sees all office activities and reviews all projects.
Ruben Gutierrez, Electrical Engineer/Principal
Mr. Gutierrez is an Electrical Engineer in the firm. Mr. Gutierrez duties include ali specialty projects of complex nature, review of all Electrical Construction documents, wet stamp and sign drawings with certified California Professional Engineering License.
3 34
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 JCA Electrical Engineering & Consulting
8048 Palm Avenue Highland, CA 92346 Phone 909-864-0223 Fax 909-864-0280 Angela Corns, Treasurer/Accounting
Mrs. Cors is the accountant for the firm. Her duties include payroll, collections, specifications and deliveries. Mrs. Corns oversees all outbound and receivable items.
Pedro Martinez, Designer/Cad Coordinator
Mr. Martinez is a Designer and Cad coordinator for the firm. His duties include assisting on the design team, conducting site visits, coordinating the work for the Cad department, drafting of Electrical Construction documents onto Cad and deliveries.
Adam Johnson, Cad Operator
Mr. Johnson is a Cad operator in the firm. His duties include drafting of Electrical Construction documents onto Cad, performs Title 24 energy calculations and deliveries.
35 DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
REFERENCES
Linda Reich, Director (909) 334-3491
Carolyn Baltzer, Projects Manager [email protected] CITY OF CHINO (909) 334-3401
Community Services [email protected]
13220 Central Avenue
Chino, CA 91710
Cheryl Ebert, P.E. (310) 524-2321
CITY OF EL SEGUNDO [email protected]
401 Sheldon Street
El Segundo, CA 90245
Tina Cherry, Community Services Director (626) 256-8226 City of Monrovia [email protected]
Community Services
119 West Palm Avenue
Monrovia, CA 91016
John Martin, Executive Director (626) 483-2416
KARE YOUTH LEAGUE [email protected]
5150 Farna Avenue
P.O. Box 662080
Arcadia, CA 91066-2080
Nicole Jones, Projects Manager (661) 723-6173
CITY OF LANCASTER [email protected]
Parks, Recreation and Arts Department
44933 Fern Avenue
Lancaster, CA 93534-2461
Pam Yugar, Director (562) 801-4426
City of Pico Rivera [email protected]
Department of Parks and Recreation
6767 Passons Blvd.
Pico Rivera CA 90660
Ms. Pamela Galera, Director (951) 826-2055
CITY OF RIVERSIDE [email protected]
Parks, Recreation & Community Services Department
6927 Magnolia Avenue
Riverside, California 92506
Linda Cogswell (310) 458-2205 x8728
City of Santa Monica Linda. [email protected]
Architecture Services Division
1685 Main St, Mail Stop 15
Santa Monica, CA 90401
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
References 36
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5
EXHIBIT B
FEE AND PHASING/FUNDING SCHEDULES
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
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 (%.
percent (%.
Construction Phase: percent (%
As-Built Drawings Phase: percent (%_
Warranty Period Phase: percent (%.
ESTIMATED FEE PROPOSAL
Seccombe Lake Park Fee Proposal 5/18/2022 RHA Landscape Architects-Planners, Inc.
RHA Landscape Anchitects- David Beckwith Engineering ICA Elecrical Engineering BOA Architectura Planners, Inc
TASK Projack Landscape Prindpal Project Prindpal Projea Project TOTAL Principal Manater Manager, Staff Principat
Manager Desi ner Manager
Sato $150 $125
Conceptual Design
Project Manofement 14 32 2 16 12,320
Pro ect Kick-off Meeting 2,200
Topo Survey / Site Analysis / Photography 2 40 80 155 57,465 Underground Utility Locating 2 10 15 85 5 19,850
Architectural Investigation and Report 10 20 IS 5,000
Restroom Assessment 4 20 $ 3,500
Asbestos Survey For Structures to be Demolished 2 2 70 S 7,700 Lake Evaluation & Structure 5can Sonar Survey 20 32 7,000 Foot Bridge Structural Evaluation 10 15 25 $ 12,200
Community Meeting 5 10 | 2 3,120
Conceptual Desen 14 38 50| 24 100S 28,350
Estimate of Probable Costs 8 2,620
Meetings with staff (4) 24฿ 10 7,000
Subtotal Hours SA 265 10 76 210 1,065
Subtotal Dollars $ 10,800 $ 19,200 $ 18,000 $ 18,910 $ 90,800 $ 35,775 $ 1,6005 360฿ $ 11,400 $ 21,000 TOTAL $48,000 $85,485 $2,080 $32,760 $ 168.325
Exhibit B-1
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 Construction Document Preparation
18 14,840
Project Management
24 40 20 10 16,100
Demolition Pian
Grading and Drainage Plans 8 60 182 $ $3,220
Hydrology Study 20 10,730
Water Quality Management Plan WOMP/ LID 20 10,730
Storm Water Pollution Prevention Plan (SWPPP). 16 6,890 16 40 80 19,200
Construction Plan & Detalls
Lake Clean Up Plan 2D 40 9,600
Play Area Design Plan 16 24 40 11,800
Irrigation Plan & Details 16 24 40 11,800
Planting Pian & Details 16 24 40 11,800
20 40 16.140
Onsite Wet Utility Pian
Building Structural, Mechanical, Plumbing, Electrical 8 60 70 90 34,100 40 160| $ 36,400
Restroom, Concession & Gazabo Drawing:
Site Electrical & Lighting Drawings 20 30 72 100 35,020 16 16 8,690
Specifications
16 10 $ 4,700
Estimate of Probable Costs
16 16 24 8 11,105
Meetings with staff (4)
322,865
Bid and Construction Support
Bldding coord 4 4,460
Construction Coord 24 2 $ 7,720
Field Visits (5) 20 5 20 9,550
Field Reports 10 6 $ 4,095
Submittal Review 3,900
'16 4,800
As-Bullts
$ 4,220
RFi Review
Project Close-out 16 20 | 2 7,920
Subtotal Hours 202 36 39 17 26 268
Subtotal Dollars $8,800$15,300 4,500 $ 10,725 $ 2,720 $ 720 3,900 $ TOTAL $10,725 $2,720 $4,620 46,665
490 3,414
$ 537,855
Exhibit B-2
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 •
EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
Senior Principal $230.00 per hour
Principal Landscape Architect $200.00 per hour
Project Manager $150.00 per hour
Landscape Designer $125.00 per hour
Administrative Personnel $80.00 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.
Exhibit C-1
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
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)
Appendix Il to Part 200 (A); Appendix I| 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 Il 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:
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.
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.
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 Exhibit D-1
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 ascertair compliance with such rules, regulations, and orders.
(vil) 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.
(vill) The Designer will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vil) 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 Exhibit D-2
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
Appendix Il to Part 200 (D) - Davis-Bacon Act: Not applicable to this Agreement since it is funded by the CSLFRF.
Appendix il to Part 200 (D) - Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by the CSLFRF.
(e) Appendix I to Part 200(E) - Agreement Work Hours and Safety Standards Act:
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.
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.
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 (i) 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 Exhibit D-3
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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.
Subcontracts. The Designer or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (i) 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 (i) through (V) of this Section. (f) Appendix Il 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.
Appendix I| 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).
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.
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.
Exhibit D-4
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 Appendix I! 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.
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).
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.
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.
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.
Appendix II to Part 200 (I) - Byrd Anti-Lobbing 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 fier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
() Appendix || to Part 200 (J) - $200.323 Procurement of Recovered Materials:
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 Exhibit D-5
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 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 produc cannot be acquired: Competitively within a timeframe providing for compliance with the contrac 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.
The Designer also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act."
(k) Appendix Il 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 (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix Il to Part 200 (L) - $200.322 Domestic Preferences for Procurement:
Designer shall, to the greatest extent practicable, purchase, acquire, or use lundiu, dies, orment, and other md nufactured prosucts. The regiments or this soone (ii) For purposes of this section:
Exhibit D-6
DocuSign Envelope ID: 66E6368E-9DC0-4306-8448-92791FF233A5 "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.
"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.
Exhibit D-7