Consulting Services Agreement between City of San Leandro and Last revised [05/08/2023] ___ for ___ Exhibit A – Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
Project Description
City of San Leandro owns and operates the Washington Manor Park Aquatic Center located at 14900 Zelma St., which has been scheduled for rehabilitation. The play structure will be replaced as part of the rehabilitation.
Description of Work
Consultant shall perform all engineering design services, project management services, and construction services required to successfully furnish and install a fully functional play structure in the existing pool. The scope of services shall be based on the proposal for the work dated May 03, 2023 and titled, ‘Washington Manor Park’.
Exhibit A will be the governing scope of services. Exhibit A.1 will supplement and not be used as basis to hold City of San Leandro liable for payment or completion of any additional work required as intended by this agreement. Additional work where site significantly varies as described by as-builts are an exemption.
Task 1: Project Management
Consultant shall provide a single point of contact (Project Manager) who shall act as the primary point of contact for communications.
Task 2: Design
Consultant shall perform all necessary design required to manufacture and install the new play structure on existing pedestal. Design shall include mechanical schematics required for slide water supply system, inclusive of specification of pumps, valves, filters, flow meters, nozzles, etc. Design shall include electrical detail for grounding, aquaplay structure and interactive features.
Task 3: Permitting
Consultant shall provide all necessary documentation for permits needed to install the play structure and its appurtenances.
Task 4: Installation
Consultant shall provide all necessary labor, tools and equipment required to completely install Whitewater supplied equipment ready for public use. Crew expenses, including transportation, lodging, meals and other per diems are herein included in this task.
Task 5: Commissioning
Consultant shall provide all necessary testing for its supplied equipment, certify that the equipment is compliant with the vendor’s product and applicable standards, provide basic training to staff for the operation and maintenance of the play structure.
Consulting Services Agreement between City of San Leandro and Last revised [05/08/2023] ___ for ___ Exhibit A – Page 2 of 3
Task 6: Post-Commissioning
Consultant shall provide Operations and Maintenance manual and 12-month warranty upon the acceptance of the installation.
Deliverables:
1) Play Structure – Aquaplay Custome Model AP150TB – RTP. 2) Ready-to-Play Beach Theme.
3) All required documentation for Permits – from City of San Leandro Community Development Department – Building Section and/or Alameda County Department of Health.
4) Piping, valves, fittings, filters, etc. to supply water from consultant’s supplied stub ups to waterslides and interactives.
5) Signage information
6) Operations and Maintenance Manual
7) 12 month warranty effective from date of installation acceptance.
City to provide:
1) Local code requirements for the ride and installation. 2) Site plans in CAD/pdf format - Where applicable, final pool plan with deck elevations, water levels, and pool wall cross sections
3) Demolition and off haul of existing play structure, cut anchors flush to pool floor & clear all existing structures (excludes stub up).
4) Lay-down area for equipment pre-assembly and storage. 5) Will answer RFI’s as needed for design work. Answers will be limited to known information, or field measured and be approximate. City will not be responsible for additional survey or other work required.
6) Permits – City will submit permits and provide payment for permits required to complete work. City will provide consultant comments or requests received from permitting agency pertaining to play structure for resubmission as needed for permit approval.
Schedule:
Consultant shall deliver, install and commission play structure no later than April 1st, 2024 ; this includes all outstanding records shall be provided by.
Penalties for Delays (Liquidated Damages)
Time is of the essence in this Agreement. By execution of the Agreement, the City and the Contractor agree that it will be difficult or impossible to determine the actual damage that the City will sustain in the event of the Contractor’s failure to fully perform the work or to fully perform all of the Contractor’s obligations that have accrued pursuant to the agreement by the time for completion. Accordingly, the City and the Contractor agree in accordance with California Government Code Section 53069.85 that when Contractor is the sole cause of the delay, the Contractor will forfeit and pay to the City liquidated damages in the sum of $2,575 Consulting Services Agreement between City of San Leandro and Last revised [05/08/2023] ___ for ___ Exhibit A – Page 3 of 3
per day for each and every calendar day completion of the work or performance of all of the Contractor’s obligations that have accrued pursuant to the agreement is delayed beyond the time for completion up to a maximum amount equal to 10% of the contract value.
Conversely, if the delay to completion is caused by the sole actions of the City or its agent, the project schedule shall be adjusted accordingly and consultant shall be compensated for costs related to demobilization and mobilization of equipment and its crew. In addition, consultant shall be due actual costs related to the storage of finished goods after 14 days from scheduled date of delivery plus 10% administration fee.
Installation Advisory
The following conditions apply to the specified duration of man days included in the contract:
- Duration is based on a five-day work week and limited working hours of 7:00 am – 6:00 pm on working days. Work will not be allowed outside of normal working hours described.
Authorization may be requested for working hours outside of normal working hours by submittal of written request to the engineer specifying work done , crews to be working, hours of work, and reason for request. The Engineer shall determine the time required between the Contractor’s notice and the proposed start of work outside normal working hours, in no case shall the time be less than seventy-two (72) hours. This paragraph creates no obligation for the Engineer to approve work outside normal working hours.
City Holidays- Non Working days
1. January 1 (New Year’s Day).
2. The third Monday in January (Martin Luther King Jr.’s Birthday).
3. February 12 (Lincoln’s Birthday).
4. The third Monday in February (Washington’s Birthday).
5. March 31 (Cesar Chavez Day)
6. The last Monday in May (Memorial Day).
7. June 19 (Juneteenth Day)
8. July 4 (Independence Day).
9. The first Monday in September (Labor Day).
10. November 11 (Veterans’ Day).
11. The fourth Thursday in November (Thanksgiving Day).
12. The day after Thanksgiving Day.
13. December 24 (Christmas Eve) through December 31 (New Year’s Eve) If there are any “down days” where crew are prevented from accessing the project site these “down days” will be counted as part of the specified duration.
Rain days will not be considered part of the specified duration, but will provide an extension to expectation of completion of work