Att C - Consultant Agreement — San Pablo City Council, February 20, 2024 (part 1 of 2)

Updated: 10/23 Page 1

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES
Project No. 0501 / Agreement No. 1
THIS AGREEMENT (“Agreement”), effective the 20th day of February , 2024 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and CSW/Stuber-Stroeh Engineering Group Inc., (CSW|ST2) , a California Corporation , (“Consultant”) (individually, a “ Party,” and collectively, the “Parties”).

RECITALS
WHEREAS, the City desires to engage a consultant to provide design and engineering consultant services to the City (“Services”) as further set forth in this Agreement; WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services . Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated November 21, 2023 and any addenda thereto (“ RFP”), attached as Exhibit A-1 and the City’s Supplement to the Request for Proposals dated February 5, 2024 (“RFP Supplement”), attached as Exhibit A-2 and incorporated herein , and the scope of services set forth in Consultant’s proposal dated December 18, 2023 (“Proposal”), attached as Exhibit B-1 and the Consultant’s Additional Fee Proposal dated February 12, 2024 (“Proposal Supplement”) attached as Exhibit B-2 and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the RFP Supplement, the Proposal , the Proposal Supplement , and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“ Additional Services ”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.” B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly Updated: 10/23 Page 2
take such corrective action constitute s a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.

D. Time is of the Essence . In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider . The City has approved o f Marcia Vallier as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, f or each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

Updated: 10/23 Page 3

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, Enforcement, and Registration : The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works pro jects.

On the basis of time and materials invoiced to the City for completed services.

Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal. (3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Updated: 10/23 Page 4
Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and com pliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on February 28, 2026. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement. (5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services Cynthia Madrid, Mack5 Cost assessment and estimating
Ben Pappas, Miller Pacific Support in assessment of soil conditions at the site and in the design of the artificial turf
base
John Ware, Ware Associates Assist with structures and restroom design Pieter Colenbrander, O’Mahanoy & Myer Electrical engineering support Jill Mercurio, Mercurio Engineering Provide support with grant funding requirements, peer review, and cost quantity
checks
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date ; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Updated: 10/23 Page 5
Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above .

Consultant is solely responsible for its office and overhead costs , i ncluding furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement. (8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information .

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement. (9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement. (10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating th at the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as ma y be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, Updated: 10/23 Page 6
accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agre ement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement. (14) Assignment of Personn el. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better . If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to f ulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits . Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, b odily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

Updated: 10/23 Page 7

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s e rrors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior act s coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first. c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the C ity. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.

Updated: 10/23 Page 8
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no ins urance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage pro vided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy require d by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least thirty ( 30) days written notice to the City, unless due to non - payment of premiums, in which case ten (10) days written notice is required.

3. Waiver o f Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any requ ired policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions wi th respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Updated: 10/23 Page 9
(16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The def ense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liabili ty was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employe e of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless Updated: 10/23 Page 10
clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

B. Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all loss es, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not e xceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

Updated: 10/23 Page 11
(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof. (19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510 -215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opp ortunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process. (20) Termination.

A. Termination for Convenience . City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of oth ers.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the Updated: 10/23 Page 12
event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, dr awings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner pr ovided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.
(21) Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Updated: 10/23 Page 13
(25) No Third -Party Rights . The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.
(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Cali fornia, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394. (29) Breach. In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant furth er warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner. (32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a Updated: 10/23 Page 14
patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. (34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts. (36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: Robert Stevens, Principal in Charge
CSW/Stuber-Stroeh Engineering Group Inc.
121 Park Place
Richmond, CA 94801
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Updated: 10/23 Page 15
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control. ___ This Agreement is subject to funding by Caltrans. See Exhibit D. _X_ This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager Date signed: _______________________ Date signed:___________________________ CSW/Stuber-Stroeh Engineering Group Inc.

CSW|ST2
By ___________________________________
Robert Stevens, PE, TE, Principal
Date signed: ___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A1: City’s Request for Proposals dated 11/21/23 Exhibit A2: City’s Supplement to Request for Proposals dated 2/5/24 Exhibit B1: Consultant’s Proposal dated 12/18/23
Exhibit B2: Consultant’s Additional Fee Proposal, dated 2/12/24 02/13/2024
Updated: 10/23 Page 16
Exhibit A-1
City’s Request for Proposals dated November 21, 2023
DE

PARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

REQUEST FOR PROPOSALS
Design and Engineering Services for
San Pablo Area for Recreation and
Community (SPARC)
Project #0501
November 21, 2023
P
roposals Due:

December 12, 2023 by 5:00 p.m.

TABLE OF CONTENTS
A. INTRODUCTION

1. About San Pablo

2. Purpose for Request for Proposals
B. SCOPE OF WORK

1. Project Description

2. Project Background

3. Consultant Services

4. Pre-Proposal Meeting

5. Estimated Cost
C. PROPOSAL REQUIREMENTS

1. Letter of Interest

2. Organization Chart / Personnel

3. Firm(s) Statement of Qualifications

4. Staff Statement of Qualifications or Resumes

5. Project Management and Availability

6. Project Approach

7. Schedule of Work

8. Cost Proposal

9. Method of Payment

10. References

11. Consultant Contract Statement

12. Special Requirements
D. PROPOSAL CONDITIONS

1. Local Employment and Contracting Opportunities

2. Questions

3. General Terms and Conditions

4. Agreement

5. Disadvantage Business Enterprise (DBE) Participation E. PROPOSAL PROCEDURE

1. Submission of Proposals

2. Selection Process

3. Evaluation Criteria

4. Tentative Proposal Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
SPARC (Project #0501)
A. INTRODUCTION

1. A
bout San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one- half square miles. Additional information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov.

2. P
urpose for Request for Proposals
The City of San Pablo (“City”) invites professional engineering and landscape architect consultant services to submit competitive proposals in response to this Request for Proposals (“RFP”). The City seeks proposals for design and engineering services for the San Pablo Area for Recreation and Community (SPARC) Park Project. (Project No. 0501), a public works project with two components. The first component was to demolish abandoned former school buildings on the site, which has been complet ed. The second component is to construct park amenities on the former school site, to produce a cohesive community park. Professional disciplines expected to be involved with the project include, but are not limited to: civil enginee ring, land surveying, electrical engineering, environmental, geotechnical, structural and landscape design.

B. SCOPE OF WORK

1. P
roject Description
T
he Project site is an existing City park on the former El Portal School site in San Pablo.

The proposed Project consists of reconfiguring the site after recent demolition of the abandoned school buildings . The proposed relocated park facilities would occupy approximately 4.867 acres of the site. the primary proposed recreational facility would be a soccer field. The reconfigured park is also tentatively planned to include a small amphitheater/stage area to accommodate the current and historical event uses that have regularly occurred onsite and passive/support park amenities for unprogrammed use, including a basketball court, two playgrounds, passive lawn spaces, a kiosk, a loop trail, a picnic area, a stormwater basin and parking. Also included would be a prefabricated structure with the following elements:

1. restroom

2. an area for maintenance tools, equipment and supplies;

3. an area to store balls and recreation supplies

4. potentially an area for sale of already prepared food and drinks.

The perimeter of the soccer field would require conduit and pull box(es) for possible future sports field lighting. Layout of potential lighting configurations should be included for 2 City of San Pablo
Request for Proposals
SPARC (Project #0501)
future phasing. Other conduits and pull boxes would be required for site lighting including bollards, walkway/trail lighting and parking area lighting.

Lan
dscape scope should include the utilization mature site trees and provide walkways and trail widths to allow small motorized landscape equipment to maintain the site and promote ease of monitoring the site for City Police and for Campus Security Officers.

T
he Project site is located at 2600 Moraga Road in San Pablo, at the northeast boundary of the city, east of the Moraga Road cul-de-sac and southeast of the Contra Costa College campus. Local access to the site is available from Moraga Road via El Portal Drive and Castro Road. An existing parking lot offers 30 parking spaces. Additional on- street parking is available on Moraga Road, which directly abuts the park

2. P
roject Background
T
he SPARC project site ( 2600 Moraga Avenue) is the former home of El Portal Elementary School, and was owned by the West Contra Costa Unified School District.

The school was closed by the School District and sat vacant. The City of San Pablo purchased the site from the School District and took over ownership on March 6, 2006 .

The City intends to revitalize the site as a community park to meet the City’s Municipal Code goals of 3 acres of parkland for every 1,000 residents. The site is considered public right-of-way and is zoned open space for a park.

T
he City has developed a concept design (Attachment 2) and has received grant funding from the California Department of Natural Resources-CNRA (Attachment 3. Funding from California State Parks - CSP- is in process. The City is working with a consultant on an updated CEQA Notice of Exemption (NOE), which is anticipated to be completed and approved by mid- December, 2023.

3. C
onsultant Services
T
he Consultant selected shall provide all services to complete the preliminary design/ engineering, any necessary environmental memos or updates, final design, preparation of bid documents, and support during the bid advertisement period for the SPARC Project.

S
pecifically, the Consultant selected will be required to complete the following tasks:
a. P
re-design investigation - conduct pre- design investigations and field analyses including surveying, utility locating and a base map showing utility information. b. G
reen Infrastructure investigation – use the pre- design investigation and field analyses to provide a memo on the practicability and potential implementation of green infrastructure at the site.
3 City of San Pablo
Request for Proposals
SPARC (Project #0501)
c. Sports playing surface analysis - use the pre- design investigation and field analyses to provide a memo on the pros and cons of a natural grass vs. artificial turf surface for soccer and other field sports. Analysis for each surface should include and address annual and five- year maintenance costs, safety, liability, health and environmental benefits and concerns, field availability and time out of service (for maintenance or other reasons) and lifetime cycle. d. Li
ghting analysis - use the pre-design investigation and field analyses to provide a memo on overhead lighting feasibility, options and costs, to allow for sports to be played after dark. Analysis should include a preliminary photometric analysis and annual and five- year maintenance costs, and should address safety, liability, health and environmental benefits and concerns, field availability and time out of service (for maintenance or other reasons) and lifetime cycle. e. U
tility coordination – if necessary, coordinate with outside agencies and utility companies to verify locations of existing utilities and submit relocation requests and applications for adjustment as necessary.
f. P
ublic outreach - conduct two (2 ) bilingual public outreach meetings to gather public input by providing a report and meeting summary analysis; obtain response approval from the City and prepare responses to public input in a timely manner; and document a summary of the public meeting, comments received, responses to comments, and any modifications to the Project as a result of the public comments.
• Meeting #1 (design charrette). The Consultant will prepare the site design, procure materials in coordination with the City, and present on the project design to solicit feedback from the community. The Consultant will prepare social media content and other materials to advertise this event (e.g., mailer and/or flyer) and will notify/invite neighboring properties in advance of the event via a mailer and/or flyer. The Consultant will have Spanish-speaking staff available to answer questions at the event. If the meeting is held in person, the City will provide headsets for simultaneous translation. • After completion of project design and the construction bid process, the City will host a final “meeting” (meeting #2) and send targeted mailers in order to inform nearby residents and businesses about construction impacts and timeline.

The Consultant will provide materials in Spanish for all public outreach activities.

Aside from where noted, the Consultant will pay for all outreach costs. g. P
reliminary design - prepare and submit for review 65% and 95% design plans, construction details, specification, and engineer’s estimates for all project improvements including but not limited to, soccer field surface, play structures, trail loop, picnic areas, fitness equipment, seating and basic amenities, ADA improvements, conduit and pull boxes, landscaping improvements and green infrastructure.
4 City of San Pablo
Request for Proposals
SPARC (Project #0501)
i. The plans shall be in accordance with the City’s standards and format. ii. The project technical specifications shall completely describe the materials, equipment, and methods to be used in construction. The specifications shall be in accordance with the 2018 State Standard Specifications and will serve as project specific modifications thereto.
iii. The detailed engineer’s estimate of probable construction cost must identify final pay and specialty items as described in the 2018 State Standard Specifications, and reflects the work to be done as shown on the plans for construction. The engineer’s estimate shall be accompanied by two independently performed sets of quantity calculations.
iv. The construction details shall identify an appropriate allocation of working days for the construction work.
v. The 65% design shall include the sizing and calculations for any potential green infrastructure and any drain improvements.
viii. The design shall attain targets sets in the grant agreements. h
. Preparation of bid documents – shall include the 100% design with signed plans and specifications. Sufficient quality control shall be applied internally to review for “bid-ability” and constructability.
i
. Support during advertisement – to respond to questions on bid documents from bidders and prepare as needed addenda for the project.
j
. Construction support - provide design/engineering support during construction (as requested) to attend construction progress meetings and necessary site visits, provide response to Requests for Information (RFIs) and prepare as -needed re- design for construction.

4. R
FP Inquiries
I
nquiries on the contents and requirements of the RFP will be accepted in written form only. Inquiries can be e-mailed to [email protected]. The deadline for inquiries is 3:00 PM Pacific Time on December 5, 2023 after which time no further inquiries will be addressed.

5. E
stimated Cost
The City estimates that the Project will cost approximately Eight Million Five Hundred Sixty-One Thousand Dollars ($8,561,000) to design and construct. The Project must be designed and constructed within the City’s Project budget.

C. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial 5 City of San Pablo
Request for Proposals
SPARC (Project #0501)
irregularities. Clarity and brevity are preferable to volume, submittals shall be limited to 25 pages, excluding proposal cover, cover letter, table of contents and dividers. Each Proposal must include the following, organized as Sections 1 through 11.

1. L
etter of Interest/ Cover Letter
A letter of interest/cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.

2. O
rganization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate communication, coordination and hierarchical structure of the project team.

3. F
irm(s) Statement of Qualifications
Provide the qualifications and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:
a. Lan
dscape architecture, civil engineering services and other relevant services.
b. Using the most current best practices, standards and guidance in playground design, such as those developed and being developed by the U.A. Consumer Product Safety Commission’s Public P l
ayground Safety
Handbook, ASTMF 1487-11 an d other similar guidelines.
c. Relevant projects, such as those that with site constraints , green infrastructure, right -of-way constraints, multiple funding sources, and bilingual outreach. Relevant projects should be of similar size, in similar community and ideally be located in the Bay Area.
d. Adhering to projects of similar type, size and funding requirements and had to meet similar challenging timelines.
e. Successfully meeting state project requirements, including ex pense tracking when there are multiple funding sources.
f. Working collaboratively on an inter-disciplinary team of consultants.

4. S
taff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in t he submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identified in the submittal shall not change in the executed contract unless notified and approved by the City.

5. P
roject Management and Staff Availability
Consultant should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub- consultants; he/she will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control and assist in facilitating meetings. Any 6 City of San Pablo
Request for Proposals
SPARC (Project #0501)
substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.

6. P
roject Approach
In four pag es or less, describe the Consultant’s proposed approach to this project and if relevant the typical approach to projects similar to this one. The approach should identify how the consultant will ensure to meet the required delivery schedule, all grant requirements and be flexible to potential changes in scope (while still meeting the required delivery schedule).

7. S
chedule of Work
It would be the responsibility of the consultant to prepare the documentation and submi t the required documents to the City for forwarding to all grant agencies within the required timeframes.

T
he schedule of work must be included in the submittal in order to demonstrate Consultants ability to accomplish all Project deadlines. The schedule of work must include milestones for deliverables of each required aspect. All tasks including deliverables of each sub- consultant must meet set individual deadlines and overall project schedule.

Progress meetings with City staff shall be scheduled as needed until the design is completed. These meetings may also be attended by other stakeholders as needed.

8. C
ost Proposal
The cost proposal shall include a cost estimate for each work task outlined in the scope of services for this project. Prices quoted shall include key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. Identify any other costs to be billed to the project including project expenses and sub -consultant fees. Include any proposed mark -up for sub- consultant fees.

Proposing Consultants will need to submit certified payroll records, if required. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.

9. M
ethod of Payment
The method of payment for this contract will be a Lump Sum agreement with the ability of progress payments. The consultant performs the services stated in the contract for an agreed amount as compensation, including a net fee or profit.

10. R
eferences
Provide a short summary (one- page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/development
c. Client type (clarifying role of private sector client, if any) d. Size and scale of geographic area
e. Current status
7 City of San Pablo
Request for Proposals
SPARC (Project #0501)

11. C
onsultant Contract Statement
Consultant will include a statement that the firm(s) accepts the terms of the City’s C
onsultant Agreement sample ( Attachment 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.

D. PROPOSAL CONDITIONS

1. Loc
al Employment and Contracting Opportunities
a. Employment of Local Residents.

Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or
510- 215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited. b. Loc
al Subcontracting - Outreach.

Firms shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

2. Q
uestions. Questions regarding this RFP, the Project, or site access may be submitted in writing only and directed to Harry Mar, email: [email protected] .

Written responses will be provided in addenda to this RFP dis tributed via Planet Bids.

Written questions must be submitted no later than December5, 2023, 3:00 p.m.

3. G
eneral Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for proposals delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the 8 City of San Pablo
Request for Proposals
SPARC (Project #0501)
Agreement and Insurance requirements is included as Attachment 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. N either the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP process.
g. By submitting a proposal in response to this RFP, the proposer accepts t he evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non- confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.

4. A
greement
The anticipated duration of the agreement will be for approximately 12 months, with the term tentatively to begin February 2024 and end February 2025. Design is expected to be completed by June 2024 with bid and construction assistance through February 2025.

A
sample agreement is attached (Attachment 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.

E. PROPOSAL PROCEDURE

1. S
ubmission of Proposals
Each Proposer must submit a sealed envelope or package containing 3 printed copies and one electronic copy (PDF or comparable) of its Proposal, with each copy clearly identified as “Proposal for Design and Engineering Services for SPARC Project”. Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Work Proposal. The sealed proposal envelope or package containing 3 printed copies must be delivered to:

City of San Pablo
City Clerk’s Office
1000 Gateway Ave.

San Pablo, CA 94806
T
he electronic copy must be included, either on a thumb drive in the sealed envelope or package delivered to the City Clerk’s Office, or emailed to Mr. Harry Mar at [email protected].

A
ll Proposals in print format must be received by the City Clerk’s Office by December 12, 2023, no later than 5:00 p .m. (“Proposal Deadline”). The electronic copy must be received by the City Clerk’s Office or e- mailed to Mr. Mar by December 12, 2023, no later than 5:00 p.m.
9 City of San Pablo
Request for Proposals
SPARC (Project #0501)
Proposals may not be modified after the Proposal Deadline.

2. C
onsultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFP. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.

A
ll proposals will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein, will review all submittals deemed complete according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.

T
he Selection Committee will establish a shortlist of consultants that are considered to be best qualified to perform the contract work. The selection process with include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. The Selection Committee will rank the interviewed consultants and recommend a top firm for contract negotiations. Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

3. E
valuation Criteria
Proposals will be evaluated according to each Criteria below. The scores for all the Criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.

C
riteria Maximum Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 25
C Experience with Similar Work 20
D Innovation and Advanced Techniques 20
E Quality and Availability of Staff 15
F Knowledge of State Grants and Procedures 10
G Project Delivery & Budget 10
Total 100
10 City of San Pablo
Request for Proposals
SPARC (Project #0501)
A. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.

Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.

C. Experience with Similar Work (20 points)
Experience of the firm(s) with similar projects, including local knowledge, expedited timelines, working with multiple grants and prior experience with park projects D. Innovation and Advanced Techniques (20 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
E. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff F. Knowledge of State Grants & Procedures (10 points)
Experience and familiarity with state grant procedures
G. Project Delivery & Budget (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together and fiscal responsibility.

4. T
entative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.

Item Date
RFP Release Date November 21, 2023
Non-Mandatory Site Visit November 28, 2023 10:00-11:00 a.m.

Last day to submit any questions December 5, 2023 3:00 p.m.

RFP Proposal Submittal Date December 12, 2023 5:00 p.m.

Panel Review December 13- 18, 2023
Interview period January 8, 2024
Selection and negotiation period January 9-16, 2024
Contract to be awarded at City Council January 22, 2024 11 City of San Pablo
Request for Proposals
SPARC (Project #0501)
F. ATTACHMENTS
Attachment 1 – Sample Consultant Agreement
Attachment 2 – Concept Design
Attachment 3 – California Natural Resources Agency (CNRA) Grant Agreement Updated: 10/23 User Guide

USER GUIDE FOR

CONSULTING SERVICES AGREEMENT TEMPLATE
Purpose: This template should be used for all consulting services, unless otherwise authorized by the City Attorney. This template should not be used for any public works project subject to prevailing wages.

General Instructions: For each use of this template, copy the template into a new document using “save as.” Replace blanks with applicable information; for any blank that is not applicable, write “N/A.” Delete written prompts in parentheses ( ) or brackets [ ]. Remove/delete highlighting and inapplicable provisions. Delete User Guide from final document. □ For Local Successor Agency Agreements, replace City name and description in title and introductory paragraph. Search and replace “City” with “Agency” throughout.

Title:
□ Complete with Project Number and Agreement Number.

Introductory Paragraph:
□ Complete the effective date and consultant’s business name and type of business entity (e.g., corporation, LLC, LLP, etc.).

Recitals:
□ Complete with type of consulting services (e.g., accounting, engineering, financial, etc.).

Section (1), Scope of Service:
□ A. Scope of Services: Complete with date of City’s RFP (attach RFP as Exhibit A) and with date of Consultant’s proposal (attach Proposal as Exhibit B). Remove highlighting. □ D. Primary Service Provider: Complete with name of individual approved as Consultant’s primary service provider.

Section (2), Compensation:
□ Complete with the not-to-exceed compensation amount for the agreement and indicate any special payment arrangements, as prompted.

Section (4), Effective Date and Term:
□ Complete with expiration date of the agreement.

Section (5), Assignment and Subcontracting:
□ If any subcontractors have been approved, include and complete the specified clause and delete any highlighting and prompts.

Section (37), Notices:
□ Complete this section with the address where consultant will receive notices related to the project.

Attachement 1
Updated: 10/23 User Guide
Section (38), Federal Funding Requirements:
□ Check the appropriate box to indicate whether the agreement is subject to federal funding. If the agreement is subject to federal funding, Exhibit C must be attached to the agreement.

Otherwise, delete Exhibit C.

Section (39), Caltrans Funding Requirements:
□ Check the appropriate box to indicate whether the agreement is for architectural and/or engineering services (A/E services) subject to reimbursement or funding by Caltrans pursuant to the Local Assistance Procedures Manual (LAPM). If the agreement is for A/E services subject to the LAPM, Exhibit D must be attached to the agreement and updated to reflect the most current LAPM requirements. Otherwise, delete Exhibit D.

Signature Page:
□ Replace [NAME OF CONSULTANT] prompt with Consultant’s business name (same as introductory paragraph).
□ Under Attachments:
□ Complete Exhibit descriptions with date for Exhibits A and B. □ Delete references to unused exhibits, if applicable.
□ If Exhibits C or D are used, delete “(if applicable).” Exhibits:
□ Exhibits A and B: The RFP and consultant’s proposal must be attached to the agreement, as indicated.
□ Exhibit C: If the agreement is subject to federal funding, Exhibit C must be attached to the agreement, and if applicable, the current Davis-Bacon Act Wage Determination must be retrieved from https://www.wdol.gov/dba.aspx, printed, and included with the Agreement. □ Exhibit D: If the agreement is for is for A/E services subject to the LAPM, Exhibit D must be attached to the agreement and updated based on the most up-to-date provisions in Exhibit 10-R of the current LAPM, which can be accessed athttps://dot.ca.gov/programs/local- assistance/forms/local-assistance-procedures-manual-forms. □ Within many of the provisions in Exhibit D are “options” that Staff must tailor to the project.

Follow the prompts for each option and delete any provisions that are not necessary.

Updated: 10/23 Page 1

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES
Project No._______/ Agreement No. _____
THIS AGREEMENT (“Agreement”), effective the ____ day of ______, 20__ (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and ___________, a __________________, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS
WHEREAS, the City desires to engage a consultant to provide _______________________ services to the City (“ Services”) as further set forth in this Agreement;
WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated ___________ and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated ___________ (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”
B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitute s a material breach of this Agreement and cause for termination in the City’s disc retion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s Updated: 10/23 Page 2
acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

D. Time is of the Essence . In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider. The City has approved of ____________________ as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

Consultant must also post all job site notices required by laws or regulations purs uant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days an d hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify Updated: 10/23 Page 3
under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed
____________________________________Dollars < write out amount > ($_________) as follows:
<Indicate any special payment arrangement, if applicable, e.g., hourly rates.> Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal. (3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services perfor med without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

Updated: 10/23 Page 4
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on _____________. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement. (5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services ____________________________ _______________________________ ____________________________ _______________________________ (6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasi ng, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date ; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensatio n authorized in Sections (2) and (3) , above .

Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement. (8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide Updated: 10/23 Page 5
the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement. (9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement. (10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay emplo yment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due . Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement.

Updated: 10/23 Page 6
(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construe d to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits . Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, the policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services Updated: 10/23 Page 7
provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first. c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage. d. A copy of the claim reporting requirements mus t be submitted to the City before Consultant may begin performing Services under this Agreement.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.

Updated: 10/23 Page 8
d. Any failure by Consultant to co mply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant here by agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additio nal Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or Subcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations. (16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as us ed and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

Updated: 10/23 Page 9
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

B. Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are Updated: 10/23 Page 10
to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, a gent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement. (18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less Updated: 10/23 Page 11
than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations Updated: 10/23 Page 12
required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomp lish the desired objectives.
(21) Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services. (24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third -Party Rights . The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

Updated: 10/23 Page 13
(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Cali fornia, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394. (29) Breach. In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant furth er warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner. (32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned Updated: 10/23 Page 14
herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. (34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts. (36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: ___________
Name, Title
Address
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control. [Indicate whether the Agreement is subject to federal funding by marking the appropriate provision below.]
___ This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

Updated: 10/23 Page 15
[Indicate whether the Agreement is subject to reimbursement or funding by Caltrans by marking the appropriate provision below. Be sure to check the current LAPM requirements.]
__ This Agreement is subject to funding by Caltrans. See Exhibit D. __ This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Request for Proposals, dated __________ Exhibit B: Consultant’s Proposal, dated __________
Exhibit C (if applicable): Federal Contract Provisions
Exhibit D (if applicable): Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding
N:\RESOURCES\City Forms\Contracts\01 Template Consultant Agreements\AGR Master Consultant Agreement Template
100’ Fault Setback

SPARC PROJECT SAN PABLO, CALIFORNIA
01 53 0 6 0

CONCEPTUAL SITE PLAN
FEBRUARY 2020
2 6
6 9
8 7
13 3
3 12
11 4
5 1
10 14
1 8
2 9
3 10
4 11
12 13
14 5
6 7
Soccer Field (50m x 100m)
P
arking (80 Stalls)
Passive Lawn
Ages 5-12 Playground
Ages 2-5 Playground
Stormwater Basin
Restroom (4 Stalls)
Basketball Court (Full)
Amphitheatre
Fitness Loop T rail
Picnic Area
Existing Oak T rees
Park Kiosk
Fitness Stations

MORAGA ROAD
Attachment 2

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME: San Pablo, City of
PROJECT TITLE: San Pablo Area for Recreation and Community (SPARC) Project AUTHORITY: Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021) PROGRAM: Urban Greening Grant Program
AGREEMENT NUMBER: UG2103-0
TERM OF LAND TENURE: 25 years from date of project completion as evidenced by Project Certification Form
PROJECT PERFORMANCE PERIOD: 5/1/2023 to 3/1/2026
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency, agrees to fund the project up to the total grant amount indicated pursuant to Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021).

PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to Exceed $4,790,690.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.

SAN PABLO, CITY OF

STATE OF CALIFORNIA

NATURAL RESOURCES AGENCY
By: By:

Matt Rodriguez Andrea Scharffer
Title: City Manager Title: Deputy Assistant Secretary, Bonds & Grants Date: Date:

CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE FUNDING AGREEMENT NO. FUND
$4,790,690.00 UG2103-0 0001 – General Fund
ADJ. INCREASING ENCUMBRANCE FI$CAL PO NO.

ADJ DECREASING ENCUMBRANCE FUNCTION
Lo cal Assistance
UNENCUMBERED BALANCE REF NO. FUND ENACTMENT YEAR ACCOUNT NO. ALT ACCOUNT 101 0001 2021 5432 000 5432000000

PROGRAM PCBU PROJECT ACTIVITY RPTG STRUCTURE SVC LOCATION AGENCY USE BUDGET PERIOD 0320 0540 0540UG21030 21139 05402001 21139 N/A 2023
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE
DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 8/23/2023
8/23/2023
8/28/2023 8/29/2023
9/1/2023
Attachment 3
Agreement No. UG2103-0

Page 1 ends

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME: San Pablo, City of
PROJECT TITLE: San Pablo Area for Recreation and Community (SPARC) Project AGREEMENT NUMBER: UG2103-0
AUTHORITY: Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021) PROGRAM: Urban Greening Grant Program

PROJECT DESCRIPTION
Project to create a new 4.8- acre park at a former elementary school. Project will include landscaping, bioswale, active recreational amenities, exercise stations, a fitness trail, restrooms, and a picnic area.

A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant funds are to be used to r educe GHG emissions by creating, enhancing, or expanding community parks and green spaces and/or using natural systems or systems that mimic natural systems to achieve multiple benefits in accordance with the provisions contained in the Urban Greening Grant Program and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Application Guidelines. Size, location, and number of signs shall be approved by the State.

Required signage must be in place before Grant Funds for construction will be released.

2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought-resistant vegetation will be used in the Project. If the plant palette includes non-natives, provide justification for review and approval by the State. All plantings will be no greater than fifteen gallons. Approval of said plans is a condition precedent to the State’s obligation to make any construction funding available pursuant to this Agreement. The approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in ac cordance with applicable law s or any other standards ordinarily applied to such work or activity.

3. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received funds under this Agreement in DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6

Agreement No. UG2103-0

Page 2 ends

order to assist Grantee in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

4. As conditions precedent to the State’s obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by 11/30/2023.

General Provisions
A. Definitions

1. The term “Act” means Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021).

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.

4. The term “Application Guidelines” means the Urban Greening Grant Program Grant Guidelines and Application.

5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

6. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

8. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific Urban Greening project objectives within a specific project performance period by the Grantee.

9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.

10. The term “Interpretation” means visitor -serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

11. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Urban Greening project beyond the Grant Funds provided by this Agreement.

12. The term “Payment Request Form” means Form RA212.

13. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6

Agreement No. UG2103-0

Page 3 ends

14. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.

15. The term “Project Scope” means the description or activity of work to be accomplished by the Urban Greening Project.

16. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

17. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivisions of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.

3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and under the terms and conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2026.

4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environm ental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA.

Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening Grant Program and is consistent with the intent cited in the original Application.

If a grantee's project is disapproved on grounds related to the Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Resource Agency for all State -reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 4 ends

6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits, and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access to the State upon 24-hours’ notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion.

8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval.

Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.

9. Grantee shall provide for public access to the Project where feasible.

10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State.

12. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 5 ends

2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.

This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

3. Grant Funds in this award have a limited period in which they must be expended. All Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A as approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved in writing by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limit s for preliminary costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly submit written Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.

3. Grantee agrees to use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction.

4. Grantee shall submit all documentation for Project completion and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2026.

5. Final payment is contingent upon State verification that the Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 6 ends

6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

7. Grantee must report to the State all sources of other funds for the Project.

E. Project Termination

1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. The State may also terminate this Grant Agreement for any reason at any time if it learns that the Grantee made false representations during the evaluation process, either knowingly or because Grantee failed to act reasonably. This can include, but is not limited to, identifying conditions or uses at the site that would otherwise be inconsistent with the purposes of the award, or would have deemed the project less competitive. The State reserves the right, in such cases, to require Grantee to repay any amounts already expended.

2. If the State terminates the Agreement without cause prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for and reimburse to Grantee any eligible, reasonable, and non-cancelable obligations and costs incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the Project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project.

Notwithstanding anything to the contrary contained in the previous sentence, Grantee shall not be liable for repayment to the State of any amounts disbursed by the State in the event Grantee fails to complete the Project or fails to fulfill any other obligations of this Agreement as a result of the negligent acts or omissions or the willful misconduct of the State or its agents, officers, or employees. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 7 ends

settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the preservation, enhancement or establishment of community green areas and spaces for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.

The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence or willful misconduct of State, its officers, agents, and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grante e has certified, except for liabili ty arising out of the gross negligence or willful misconduct of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents , and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 8 ends

H. Use of Facilities

1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall n ot be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.

2. Grantee shall maintain, operate, and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of 25 YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to: (1) the amount of the grant , (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal t o either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of th e Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 9 ends

of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Se cretary shall make a DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Agreement No. UG2103-0

Page 10 ends

determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.

2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originall y submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, wit hin twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.

O. Audit Requirements
Projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6

Page 11 ends

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
Urban Greening Grant Program
Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021)

GRANTEE NAME: San Pablo, City of
PROJECT TITLE: San Pablo Area for Recreation and Community (SPARC) Project AGREEMENT NUMBER: UG2103-0
PROJECT LOCATION: 2600 Moraga Road, San Pablo, CA
PROJECT SCOPE:

Project to create a new 4.8-acre park at a former elementary school which will include landscaping, a bioswale, park lighting, a playground with all-abilities equipment, a soccer field, basketball court, small stage amphitheater, exercise stations, a fitness trail, bathrooms, and picnic table area.

Project elements funded by Urban Greening Grant:

Project Design, Public Outreach and Education, Project Site P reparation including Construction Management, Mobilization, Traffic Control, Erosion Control & Developing a Stormwater Pollution Prevention Plan (SWPPP), Clearing, Grubbing and Grading.

Installation of Hardscape & Structures of approximately:
• 2500 sq foot Bioretention / Storm Drain Infrastructure • 1 ADA-compliant Restroom
• 1 Senior Rated Workout Equipment Package
• 1 All Abilities Play Area
• 1 Educational Kiosk
• 6000 sq feet Decomposed Granite at picnic area, amphitheater and fitness loop • 2 Drinking Fountains
• 7 Picnic Tables
• 4 Benches
• 5 Permanently Affixed Trash Receptacles
• 1 Lockable Trash Dumpster Enclosure

Installation of Landscaping with native and drought-tolerant species and associated Utilities including approximately:
• 48 Trees no larger than 15-gallon
• 50 Irrigation Tree Bubblers
• 13,000 sq. ft. Shrubs, Ground Cover and Irrigation
• 17,000 sq. ft Low Mow or No Mow, Low Water Use, Multipurpose Grass Field • 1 Irrigation Controller
• 1 Backflow Preventer
• 1 Water Meter
• 1 Sewer
• 2 Funding Acknowledgement Signs

Park will be open to the public daily from dawn-to-dusk via Moraga Road.

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 8/28/2023

EXHIBIT A

Page 12 ends

PROJECT SCHEDULE:

ACTIVITY DESCRIPTION TIMELINE
(MONTH AND YEAR RANGE)
Preliminary work on the project May 2023 – November 2023 Submit CEQA documents to State November 2023
Submit final site designs/plans/specs to State* December 2024 Submit evidence of signage December 2024
Mobilization, begin construction and/or other key activities January 2025 – December 2025 Plant establishment** Dec 2025 – March 2026
Record MOUGA and Submit final payment request and close out documents to State
March 2026

* A plant palette for all plants within the footprint of the project must be submitted with final designs and reflect appropriate species for the site, with consideration given to carbon sequestration, inclusion of native species where feasible, pollinator habitat, and low water, drought tolerant plantings. Trees, regardless of the funding source, may not exceed 15 gallons in initial planting size.

All projects must comply with the Model Water Efficient Landscape Ordinance (MWELO), all Governor Executive Orders, and local water ordinances.
**Plant establishment reimbursed by the grant not to exceed two (2) years.

COST ESTIMATE: See Exhibit A-1
DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 Exhibit A-1: Cost Estimate
Project Name: San Pablo Area for Recreation and Community (SPARC) Project Grantee: San Pablo, City of
Grant Number: UG2103-0
PROJECT ELEMENT Total Amount Urban Greening Grant City of San Pablo Planning Design & Permitting
Design $600,000 $600,000
Permits & Studies $150,000 $150,000
Public Outreach and Education $35,000 $35,000
Direct Project Management & Administration
Staff Time $300,000 $300,000
Subtotal Non-Construction (not to exceed 25% of grant) $1,085,000 $635,000 $450,000 Site Preparation
Construction Management $600,000 $600,000
Mobilization $530,000 $530,000
Traffic Control $15,000 $15,000
Erosion Control & SWPPP $25,000 $25,000
Demolition $1,100,000 $1,100,000
Clearing and Grubbing $645,000 $645,000
Grading $70,000 $70,000
Soccer Field
Turf Field $770,000 $770,000
Soccer Goals $16,000 $16,000
Soccer Goal Safety Latch and Anchor System $4,000 $4,000 Fencing $50,000 $50,000
Entry Gate - Pedestrians $8,000 $8,000
Entry Gate - Vehicles $5,000 $5,000
Hardscape and Structures
New Parking Area $240,000 $240,000
Bioretention / Storm drain Infrastructure $175,000 $175,000 Concrete - Sidewalk, Driveways Etc. $300,000 $300,000
Parking Lighting and Camera System $300,000 $300,000
Restroom $550,000 $550,000
Senior rated workout equipment package $15,000 $15,000
All abilities Play Area $750,000 $750,000
Amphitheater $20,000 $20,000
Basketball Court $102,000 $102,000
Educational Kiosk $10,000 $10,000
Decomposed Granite $90,000 $90,000
Drinking Fountain $15,000 $15,000
Entry Sign $5,000 $5,000
Picnic Tables $35,000 $35,000
Benches $8,000 $8,000
Trash Receptacles $10,000 $10,000
Trash Enclosure $20,000 $20,000
Greening Elements
Trees (15-gallon) $12,000 $12,000
Shrubs / Groundcover $39,000 $39,000
Multipurpose Natural Grass Field $17,000 $17,000
Plant Establishment $15,000 $15,000
Irrigation and Utilities
Tree Bubblers $5,000 $5,000
Irrigation infrastructure for Shrubs / Groundcover $13,000 $13,000 Irrigation infrastructure Natural Grass Area $17,000 $17,000 Irrigation Controller $25,000 $25,000
Backflow Preventer $6,000 $6,000
Water Meter $70,000 $70,000
Sewer $25,000 $25,000
Other
Funding Acknowledgment Sign $10,000 $10,000
Subtotal Construction $6,737,000 $3,802,000 $2,935,000
Contingency (not to exceed 10% of grant) $738,690 $353,690 $385,000 PROJECT TOTAL $8,560,690 $4,790,690 $3,770,000

NON-CONSTRUCTION

CONSTRUCTION
*Only direct project management costs are eligible; no overheard/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation.
*All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.

Page 13 ends

DocuSign Envelope ID: 77CD0FCF-C61E-4C29-9F53-A82EC37EABD6 8/28/2023

Updated: 10/23 Page 16
Exhibit A
<Insert City’s Request for Proposals>
Updated: 10/23 Page 17
Exhibit B
<Insert Consultant’s Proposal>
Updated: 10/23 Page 18
Exhibit C
Federal Contract Provisions

Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request. In the event of any conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Consultant agrees as follows:

(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant 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 Consultant 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.

(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(C) The Consultant 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 will 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 Consultant's legal duty to furnish information.

(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Consultant’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.

Updated: 10/23 Page 19
(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.

(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal 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 United States Secretary of Labor, or as otherwise provided by law.

(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States 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 Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

2. Davis-Bacon Act. If this Agreement is for public works, Consultant will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Consultant accepts the attached Wage Determination. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Agreement.>

3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Consultant will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement.

Consultant and subcontractors must insert this requirement into subcontracts of any tier.

Consultant is responsible for compliance with these requirements by each subcontractor of any tier.

4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Consultant and each subcontractor must comply with the requirements Updated: 10/23 Page 20
of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701- 3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:

(A) No Consultant or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week 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 40 hours during that work week.

(B) If Consultant or a subcontractor violates this requirement, the Consultant and any responsible subcontractor will be liable for the unpaid wages. In addition, the Consultant and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.

(C) Consultant and subcontractors must insert this requirement into subcontracts of any tier. Consultant is responsible for compliance with these requirements by each subcontractor of any tier.

5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and 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 requirements of 37 CFR 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 awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.

6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Agreement and are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

8. Suspension and Debarment. Consultant is required to verify that neither it, nor its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940.

Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension Updated: 10/23 Page 21
and/or debarment. By submitting a bid and entering into this Agreement, Consultant agrees to comply with these requirements.

9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Consultant must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. 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 will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.

Such disclosures will be forwarded from tier to tier up to the recipient.

10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Agreement schedule, (B) in conformance with Agreement performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.

11. Small and Minority Businesses. When procuring subcontractors, Consultant must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

(A) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.

(B) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.

(C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.

(D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.

(E) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

12. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain Updated: 10/23 Page 22
equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

13. Domestic Preferences for Procurements. As appropriate and to the extent consistent with laws, the City should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.

Updated: 10/23 Page 23
Exhibit D
Mandatory Fiscal and Federal Provisions
for Architectural and Engineering Consultant Contracts
Subject to Caltrans Funding

<DELETE BEFORE FINALIZING: The following provisions are referenced in Chapter 10, Consultant Selection, of the Local Assistance Procedures Manual and set forth in Exhibit 10-R, A&E Boilerplate Agreement Language, as the boilerplate provisions for architectural and engineering consultant contracts. Of the various boilerplate provisions in Exhibit 10-R, the fiscal and federal provisions are required for any federally-funded contract. Staff should cross-reference the most current Exhibit 10-R (at https://dot.ca.gov/programs/local-assistance/forms/local-assistance- procedures-manual-forms) to ensure that these provisions are up-to-date.

Exhibit 10-R indicates that the language is recommended and acknowledges that the language may be modified as recommended by the City’s legal staff and to fit the City’s requirements and project. Within many of the provisions, are “Options” that Staff must tailor to meet the needs of the particular Agreement. Staff should follow the prompts regarding the options and delete any provisions that are not necessary given the selected option. These instructions and the italicized prompts throughout the attachment should also be deleted prior to use. >

Caltrans Funded Agreement. This Agreement is for architectural and/or engineering services funded in whole or in part by Caltrans and subject to the following provisions. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

1. Consultant’s Reports or Meetings (Exhibit 10-R, Article II).

A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s contract administrator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. Consultant’s project manager shall meet with City’s contract administrator, as needed, to discuss progress on the Agreement.

A. Consultant shall submit progress reports on each specific project in accordance with the task order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for City’s contract administrator or project coordinator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special Updated: 10/23 Page 24
problems encountered, so remedies can be developed.

B. Consultant’s project manager shall meet with City’s contract administrator or project coordinator, as needed, to discuss progress on the project(s).

2. Performance Period (Exhibit 10-R, Article IV).

<A time must be set for beginning and ending the work under the agreement.

The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the agreement. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by Consultant, they should be identified and incorporated into the agreement.>

A. This Agreement shall go into effect on <______>, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s contract administrator. The Agreement shall end on <_____>, unless extended by amendment to the Agreement.

B. Consultant is advised that any recommendation for award of the Agreement is not binding on City until the Agreement is fully executed and approved by City.

< Add paragraph C below in addition to paragraphs A & B above for on-call agreements.

On-call agreements must not exceed five years.>

C. The period of performance for each specific project shall be in accordance with the task order for that project. If work on a task order is in progress on the expiration date of this Agreement, the Term of the Agreement shall be extended by amendment to the Agreement prior to expiration of the Agreement to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five years.

3. Allowable Costs and Payments (Exhibit 10-R, Article V).

<Option 1 - Use paragraphs A through I below for Cost-Plus-Fixed Fee agreements.

Use LAPM Exhibit 10-H1: Cost Proposal Format.>

A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in Consultant’s approved cost proposal, unless additional reimbursement is provided for by amendment to the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the cost proposal. In the event that City determines that a change to the work from that specified in the cost proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by amendment to the Agreement to accommodate the changed work. The Updated: 10/23 Page 25
maximum total cost as specified in Paragraph “I” shall not be exceeded, unless authorized by amendment to the Agreement.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or award of the Agreement.

C. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $<_______>. The fixed fee is nonadjustable for the Term of the Agreement, except in the event of a significant change in the scope of services and such adjustment is made by amendment to the Agreement.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved cost proposal.

E. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the contract administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to California Regulations upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City at the following address:

City Manager
1000 Gateway Avenue
San Pablo, CA 94806

I. The total amount payable by City including the fixed fee shall not exceed $<_______>.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

Updated: 10/23 Page 26

<Option 2 - For Cost per Unit of Work agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs.

Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format.>

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Section. The specified rate shall include full compensation to Consultant for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefor.

B. The specified rate to be paid for vehicle expense for Consultant’s field personnel shall be $<________> per approved cost proposal. This rate shall be for fully equipped vehicle(s) specified in the scope of services, as applicable. The specified rate to be paid for equipment shall be as listed in the approved cost proposal.

C. The method of payment for this Agreement, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment- rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved cost proposal, unless additional reimbursement is provided for, by amendment to this Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the approved cost proposal. In the event City determines that changed work from that specified in the approved cost proposal and Agreement is required, the actual costs reimbursable by City may be adjusted by amendment to this Agreement to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall not be exceeded unless authorized by amendment to this Agreement.

<Option 3 - Use paragraphs A through P for Specific Rates of Compensation agreements [such as on-call agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to agreements or components of agreements for specialized support type services where the Consultant is not in direct control of the number of hours worked, such as construction engineering and inspection.

Use Exhibit 10-H2: Cost Proposal Format.>

A. Consultant will be reimbursed for hours worked at the hourly rates specified in Consultant’s approved cost proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate.

Updated: 10/23 Page 27
B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved cost proposal and identified in the approved cost proposal and in the executed task order.

C. Specific projects will be assigned to Consultant through issuance of task orders.

D. After a project to be performed under this Agreement is identified by City, City will prepare a draft task order, less the cost estimate. A draft task order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City project coordinator. The draft task order will be delivered to Consultant for review. Consultant shall return the draft task order within ten (10) calendar days along with a cost estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized task order shall be signed by both City and Consultant.

E. Task orders may be negotiated for a lump sum (firm fixed price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant’s approved cost proposal.

Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. Consultant is responsible for paying the appropriate rate, including escalations that take place during the Term of the Agreement.

F. Reimbursement for transportation and subsistence costs shall not exceed State rates.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved cost proposal. Consultant will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain written approval from the City’s contract administrator, in the form of an amendment to the Agreement, for a revised milestone cost estimate, before exceeding such estimate.

H. Progress payments for each task order will be made monthly in arrears based on services provided and actual costs incurred.

I. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.

Updated: 10/23 Page 28
J. A task order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a task order for that project has been executed by City.

K. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each task order. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing, or upon completion of the task order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number, project title and task order number. Credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D, must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address:

City Manager
1000 Gateway Avenue
San Pablo, CA 94806

L. The period of performance for task orders shall be in accordance with dates specified in the task order. No task order will be written which extends beyond the expiration date of this Agreement.

M. The total amount payable by City for an individual task order shall not exceed the amount agreed to in the task order, unless authorized by amendment.

N. If Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a task order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task orders may not be used to amend this Agreement and may not exceed the scope of services under this Agreement.

P. The total amount payable by City for all task orders resulting from this Agreement shall not exceed $<______>. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through task orders.

A. The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in the scope of services. No additional compensation will be paid to Consultant, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum Updated: 10/23 Page 29
compensation will not be effective until authorized by amendment to this Agreement and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 4 (Article VI), Termination, of this Exhibit D.

C. Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement.

D. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable.

Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice must be submitted within 60 calendar days after completion of Consultant’s work unless a later date is approved by City. Invoices shall be mailed to City at the following address:

City Manager
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

E. The total amount payable by City shall not exceed $<________>.

4. Termination (Exhibit 10-R, Article VI).

A. This Agreement may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including, but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until Updated: 10/23 Page 30
such time as the exact amount of damages, if any, due City from Consultant is determined.

D. In the event of termination, Consultant shall be compensated as provided for in the Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not,

5. Cost Principles and Administrative Requirements (Exhibit 10-R, Article VII).

A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual items of cost.

B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.

D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

6. Retention of Records/Audits (Exhibit 10-R, Article VIII).

For the purpose of determining compliance with Government Code 8546.7, Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, including Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Term of the Agreement and for four years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

7. Audit Review Procedures (Exhibit 10-R, Article IX).

A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.

B. Not later than 30 calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

Updated: 10/23 Page 31

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

D. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s contract administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments officials have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The cost proposal shall be adjusted by the Consultant and approved by City’s contract administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each Party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines} is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than 150% - the accepted rate reimbursed will be 90% of the proposed rate.

Updated: 10/23 Page 32
b. If the proposed rate is between 150% and 200% - the accepted rate will be 85% of the proposed rate.

c. If the proposed rate is greater than 200% - the accepted rate will be 75% of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

3. If the Consultant fails to comply with the provisions of this Section E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. Consultant must submit its final invoice to City no later than 60 calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed by City and Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

8. Subcontracting (Exhibit 10-R, Article X).

A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.

B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by City’s contract administrator, except that which is expressly identified in Consultant’s approved cost proposal. There shall be no change in Consultant’s project manager or members of the project team, as listed in the approved cost proposal, without prior written approval by City’s contract administrator.

C. Any subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants unless otherwise noted.

Updated: 10/23 Page 33
D. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City.

E. Any substitution of subconsultant(s) must be approved in writing by City’s contract administrator in advance of assigning work to a substitute subconsultant.

F. Prompt Progress Payment

Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150% of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the payor to a penalty, payable to the subconsultant, of 2% of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants

City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the work, and pay retainage to Consultant based on these acceptances. Consultant or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the work by City. Any delay or postponement of payment may take place only for good cause and with City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

9. Equipment Purchase and Other Capital Expenditures (Exhibit 10-R, Article XI).

A. Prior authorization in writing by City’s contract administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.

Updated: 10/23 Page 34
B. For purchase of any item, service or consulting work not covered in Consultant’s approved cost proposal and exceeding $5,000, with prior authorization by City’s contract administrator, three competitive quotations must be submitted with the request, or the absence of quotes must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

10. State Prevailing Wage Rates (Exhibit 10-R, Article XII).

A. No Consultant or subconsultant may be awarded an agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. Registration with DIR must be maintained throughout the entire Term of this Agreement, including any subsequent amendments.

B. Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation’s Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each Consultant and subconsultant shall keep accurate certified payroll Updated: 10/23 Page 35
records and supporting documents as mandated by Labor Code section 1776 and as defined in 8 CCR section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of Consultant. Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:

a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee’s authorized representative on request.

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by Consultant.

c. The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City’s contract administrator by both email and regular mail on the business day following receipt of the request.

3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual’s name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.

5. Consultant shall inform City of the location of the records enumerated Updated: 10/23 Page 36
under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties will be withheld by the Division of Labor Enforcement Standards from payments then due. Consultant is not subject to a penalty assessment pursuant to this Section due to the failure of a subconsultant to comply with this Section.

E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City’s contract administrator.

F. Penalty

1. Consultant and any of its subconsultants shall comply with Labor Code sections 1774 and 1775. Pursuant to Labor Code section 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code sections 1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the Term of the Agreement.

3. In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Consultant or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the Updated: 10/23 Page 37
prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:

a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

b. Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.

c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.

d. Prior to making final payment to the subconsultant for work performed on the public works project, Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code section 1813.

5. Pursuant to Labor Code section 1775, City may notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.

G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in section 1815.

H. Employment of Apprentices
Updated: 10/23 Page 38

1. Where either the Agreement or the subagreement exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to-apprentice ratios for the work under the Agreement. Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code section 1777.7.

11. Conflict of Interest (Exhibit 10-R, Article XIII).

A. During the Term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.

B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.

C. Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.

D. Consultant hereby certifies that Consultant or subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one which is subject to the control of the same persons through joint ownership or otherwise.

12. Rebates, Kickbacks or Other Unlawful Consideration (Exhibit 10-R, Article XIV).

Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee.

For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

Updated: 10/23 Page 39

13. Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying (Exhibit 10-R, Article XV).

A. Consultant certifies, to the best of his or her knowledge and belief, that:

1. No state, federal or local agency appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

14. Non-Discrimination Clause and Statement of Compliance (Exhibit 10-R, Article XVI).
<Attach Appendix A and Appendix E of the Title VI Assurances to the agreement. These appendices are available at https://dot.ca.gov/programs/local-assistance/guidance-and- oversight/title-vi/requirements.>

A. This Agreement is subject to Appendix A and Appendix E of the Title VI Assurances, which are attached to this Agreement. Consultant’s signature affixed to the Agreement, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical Updated: 10/23 Page 40
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering City’s components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of Updated: 10/23 Page 41
administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

15. Debarment and Suspension Certification (Exhibit 10-R, Article XVII).

A. Consultant’s signature affixed to the Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.

16. Disadvantaged Business Enterprises (DBE) Participation (Exhibit 10-R, Article XVIII).

A. If this Agreement is subject to DBE participation requirements under 49 CFR 26, Consultant, City, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, City shows a contract goal for DBEs.

Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

Consultant shall meet the DBE goal shown in the Agreement or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Updated: 10/23 Page 42
Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Consultants who enter into a federally-funded agreement will assist City in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is _________%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

Consultant, City, or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or
Updated: 10/23 Page 43

4. Disqualifying Consultant from future proposing as non-responsible.

E. Termination and Substitution of DBE Subconsultants
Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from City. Unless City’s consent is provided, Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Proposal.

City may authorize a request to use other forces or sources of materials if Consultant shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet City’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the Agreement.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Agreement

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Agreement.

11. City determines other documented good cause.

Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and City of the reasons why the use of other forces or sources of materials should not occur.

Consultant’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from Consultant to the DBE regarding the request.

Updated: 10/23 Page 44

3. Notices from the DBEs to Consultant regarding the request.

If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the Agreement to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
City’s DBE program includes a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

City requests that Consultant:

1. Notifies City’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provides this notification before starting the affected work

3. Maintains records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to City within 30 days.

Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to City within 90 days of work completion. City will withhold $10,000 until the form is submitted. City will release the withhold upon submission of the completed form.

In City’s reports of DBE participation to Caltrans, City must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a Updated: 10/23 Page 45
DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it may be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the Term of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification.

If a subconsultant becomes a certified DBE during the Term of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s contract administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the Consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to City.

M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

17. Funding Requirements (Exhibit 10-R, Article XX).

A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.

Updated: 10/23 Page 46
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

D. City has the option to terminate the Agreement pursuant to Section 4 (Article VI), Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

18. Contingent Fee (Exhibit 10-R, Article XXII).

Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; to pay only for the value of the work actually performed; or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

19. Safety (Exhibit 10-R, Article XXV).

A. Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

20. Ownership of Data (Exhibit 10-R, Article XXVI).

A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, Updated: 10/23 Page 47
as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. City may permit copyrighting reports or other agreement products. If copyrights are permitted, the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.

21. Claims Filed by City’s Construction Contractor (Exhibit 10-R, Article XXVII).

A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City’s construction contract administrator and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.

C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

22. Confidentiality of Data (Exhibit 10-R, Article XXVIII).

A. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.

Updated: 10/23 Page 48

B. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.

D. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

23. National Labor Relations Board Certification (Exhibit 10-R, Article XXIX).

In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

24. Evaluation of Consultant (Exhibit 10-R, Article XXX).

Consultant’s performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

Updated: 10/23 Page 17
Exhibit A-2
City’s Supplement to Request for Proposals dated February 5, 2024

Exhibit A-2
Supplement to REQUEST FOR PROPOSALS Design and Engineering Services for San Pablo Area for Recreation and Community (SPARC) Project #0501

Supplement date: February 5, 2024

Additional Scope of Work for Design and Engineering Services for SPARC Project #0501

1. Soils Testing – Consultant to perform soils testing for asbestos, lead and CAM17 (heavy metals), volatile organic compounds, pesticides, diesel, gasoline, and motor oil on multiple samples around the site.

2. Management and Outreach – Additional assistance from consultant team member for grant management support during SPARC Project construction period. City to concur with selection of consultant designated team member.

3. Broadband Connectivity – Consultant to investigate options to expand broadband connectivity at the SPARC site. This could include the following options:
- A booster placed within the park to amplify the signal from the Contra Costa College. - A relay placed within the college directing the signal to a new WIFI repeater placed within the park.
- An extension of the City’s fiber from Helms Middle School to the park with a new Ethernet switch and WIFI system.

The first two options will require coordination with Contra Costa College to verify they are okay with extending their broadband to serve areas outside the campus. The final option will require coordination with the City’s IT Department to establish a link that separates public and internal City traffic. Consultant to document findings in a memorandum format for consideration by the City.

Updated: 10/23 Page 18
Exhibit B-1
Consultant’s Proposal Dated December 18, 2023
Prepared By:

CSW/Stuber-Stroeh Engineering Group
Marcia Vallier, ASLA PLA #3293
121 Park Place
Richmond, CA 94801
(510) 367-6166
[email protected]
December 18, 2023
Proposal to Provide Design and Engineering Services for:

SAN PABLO AREA FOR RECREATION

AND COMMUNITY (SPARC)
PROJECT #0501

TABLE OF CONTENTS
1 Cover Letter iii
2 Organization 1
3 Firm Statement of Qualifications 2
4 Staff Statement of Qualifications 9
5 Project Management 18
6 Project Approach 19
7 Schedule of Work 23
10 References 24
11 Consultant Contract Statement 25
Sections 8 and 9, “Cost Proposal and Method of
Payment” submitted under separate cover
Santa Fe Park play area during its grand
opening celebration, Richmond, California
121 PARK PLACE | RICHMOND, CA 94801 | P 415.883.9850 December 18, 2023
Attn: Harry Mar
City of San Pablo
City Clerk’s Office
1000 Gateway Ave.

San Pablo, CA 94806
RE: PROPOSAL FOR DESIGN AND ENGINEERING SERVICES FOR SPARC PROJECT Dear Mr. Mar:

The El Portal Elementary School demolition in October marked a significant milestone in achiev- ing the San Pablo Area for Recreation and Community’s objective. The park, funded with nearly $8 million from the state, will cater to the recreational needs of approximately 8,000 residents residing within a half-mile radius and beyond. We recognize its significance for both the City and West County. CSWST2 is enthusiastic about assisting the San Pablo community in the final design phase of the SPARC project.

Our firm’s key members have supported the development of Parks and Recreational amenities benefiting West Contra Costa County for three decades. We recognize the significance of these facilities for the region’s physical, mental, and emotional well-being, and we appreciate their vital role. In West County, soccer stands out as an immensely popular sport, with teams vying for play space. Fields like SPARC play a crucial role in meeting the community’s needs.

Marcia Vallier, based in our Richmond office, will spearhead our effort overseeing the design of SPARC. Presently, she is in the concluding stages of designing multiple parks funded by CNRA in Richmond, while also wrapping up a Master Plan for soccer facilities in the same area. With extensive experience spanning over 35 years in the community, Marcia is deeply ingrained in various outreach strategies, including meeting the community on their terms to enhance the design process. Her strong connections within the West County soccer community uniquely position her to comprehend their preferences while ensuring a harmonious balance with other user groups.

We are excited that Jill Mercurio will be joining our team in the role of peer review, CNRA grant management, as well as supporting the permitting process. Mack5, with whom we are collab- orating on four park projects in Richmond, will complete independent quantity calculations and cost estimates. Our team understands that San Pablo has a limited agency staff balancing various obligations and our team is prepared to advance the design with limited support in order to ensure the park opens in 2026 as scheduled.
121 PARK PLACE | RICHMOND, CA 94801 | P 415.883.9850 As required by the Request for Proposal:
• Robert Stevens is the president of CSW/ST2 and authorized to commit the firm to the City.

His contact information is 415.533.1864 and [email protected]. Furthermore, he can be reached by mail at the address on this correspondence;
• Our proposal incorporates the contents of Addendum No. 1, dated December 6, 2023.

We appreciate the opportunity to continue supporting the City of San Pablo. If we can provide any additional information, please don’t hesitate to contact Marcia Vallier at 510.367.6166 or [email protected].

Sincerely,
CSW/Stuber-Stroeh Engineering Group, Inc.

Robert Stevens, PE, TE, LEED AP Marcia Vallier, ASLA, LEED AP, PLA #3293 Principal-in-Charge Senior Project Manager
SPARC (PROJECT #0501 ) | 1
Our team will be led by Marcia Vallier, ASLA
who is a landscape architect with over 35 years
of experience in the design of urban parks and
open spaces. She will lead our team in the
overall design approach and community outreach
process. Supporting Marcia in the design effort
will be Paul Stevenson, ASLA who is a seasoned
landscape architect familiar with the design of
urban parks.

Mike Vidra, PE will provide overall civil
engineering design as well as an approach to
storm water quality consistent with Contra Costa
County’s C.3 policy. Mike has collaborated with
Marcia for over a decade in developing parks
in Richmond and will also be responsible for
specifications development. Josh Woelbing,
PLS from our firm will be our land surveyor
responsible for both topographic, utility, and
boundary surveys. Robert Stevens,PE will serve
as the firm’s principal-in-charge and contribute
as our team advisor and conduct independent
quality control reviews along with contributing
his considerable skills in reviewing our technical
specifications.

To support our assessment of costs to develop a
design within the City’s budget, Cynthia Madrid
of Mack5 will lead our estimating process. We
have worked with Cynthia on the Unity, Harbour8,
and Boorman Park projects in the City of
Richmond and she has helped us deliver these
project on budget.

We are excited to have Ben Pappas of Miller
Pacific supporting us in assessing soil conditions
at the site and in the design of the artificial turf
base. To assist with structures and restroom
design we have John Ware of Ware Associates.

And to provide electrical engineering support, we
have included O’Mahoney & Myer on the team.

Pieter Colenbrander, PE of the firm will lead their
team.

Finally, to support the City in navigating grant
funding requirements, and assisting with peer
review and cost quantity checks, we have
also teamed with Jill Mercurio of Mercurio
Engineering. Jill brings familiarity and in-depth
experience with this project having served the City
as Public Works Director in a past life.
2 ORGANIZATION
Robert Stevens, PE, TE
Principal
Josh Woelbing, PLS, RP
Survey Manager
Marcia Vallier, ASLA
Project Manager
Paul Stevenson, ASLA
Landscape Architecture
Mike Vidra, PE, QSD
Civil Engineering
Cynthia Madrid, PE
Cost Estimating
John Ware, AIA
Architecture
Pieter Colenbrander, PE
Electrical Engineering
Jill Mercurio, PE
Grant Administrator
Ben Pappas, PE
Geotechnical Engineering

2 | CITY OF SAN PABLO
A core practice area of our firm’s landscape architec-
ture division is parks. We recognize the role parks play in our lives and communities, and we understand how
to transform master plans into professional, detailed
bid packages. Our Project Manager, Marcia Vallier,
brings decades of experience running efficient and
rigorous construction processes to bring City parks
projects to fruition. In addition to traditional site
design expertise, our team of landscape architects
and specialty designers are proficient in Universal
Play Design, the design of outdoor fitness and sports
courts, lighting design, integrated stormwater, gath-
ering spaces, artificial turf, and public art. Our exper- tise runs deep in this area: working with public and
non-profit sector clients, we traverse not only the
design practice side of master planning, bid docu-
ments, construction, cost control and value engineer-
ing, but also on the grant funding side, where we
have played roles in grant writing, management and
reporting so you are assured to get 100% of the grant
funds.

Marcia and our multi-disciplinary team of civil and
electrical engineers, surveyors, architects, and cost
estimators develop realistic long-term use and dura-
bility, maintenance practices, maintenance staff work-
loads, and long-term cost-benefits of public invest-
ments and infrastructure. We recognize the finite
nature of funding and have honed a unique capability
to value-engineer projects, all while upholding the
integrity of our concepts and preserving the long-
term cost-effectiveness of the investment.

Over 80% of our projects are publicly funded, includ-
ing federal and state grants with a local agency match.

We have a keen understanding of the challenges of
grant funded projects, particularly in communities
of concern with limited resources. Typically, our role
encompasses leading the design and construction
implementation process, coordinating technical disci-
plines, and collaborating with stakeholders to design
a community-supported project. Our work encom-
passes the City and grant deliverables, and we oversee
completion of the project on time and on budget.

Our team supported the City of Richmond and a nonprofit group called Pogo Park to transform an underutilized civic park into a recreational facility to serve the Iron Triangle neighborhood of Richmond. We provided initial planning, cost estimating, and final construction documents to support the renovation.

The design incorporated synthetic play surfaces, storm water management, street improvements, and rehabilitation of the community center. Due to limited infrastructure within the area, the project included the design of a pump station to manage storm- water runoff. Finally, our team developed a lighting design for the park that minimized neighborhood disruption.
3 FIRM STATEMENT OF QUALIFICATIONS
SPARC (PROJECT #0501 ) | 3
We pride ourselves on clear communication and strive
to meet your needs efficiently and effectively. By
developing communication protocols and frequent
check-ins with the grant administrator, we can mini-
mize requests for information and be able to address
any scope or design changes as they may arise.

We are experienced with seamlessly integrating sports
fields, inclusive play, fitness, parking, circulation, land- scape, and innovative stormwater drainage into a
beautiful, cohesive, manageable park designs.

We devise creative ways to stretch dollars from
exploring procurement of materials or equipment
through CMAS/HGACBuy mechanisms to streamlin-
ing design details and approach to realize more of
the desired program. We work tirelessly to establish
strong relationships and partnerships to realize the
community’s vision for the site. This philosophy has
been the key to the success of our firm and park proj-
ects. Another key service we bring to our projects is
an understanding of maintenance and standardizing
systems for ease of care and cost controls. We work
with the maintenance department to understand staff-
ing, maintenance rotations, standard materials like
irrigation equipment and translate that into designs
that are beautiful, functional, are easy to maintain, are vandal resistant and look good for decades.

Our team will refine and reaffirm the park program,
building upon and enriching the existing conceptu-
al design ideas seeded by community input. We will
sensitively marry the ideas to the current site condi-
tions, neighborhood, and environment so the park
becomes the heart of the neighborhood.

We have had the opportunity to support similar
neighborhood parks in West Contra Costa County
including Wanlass Park in San Pablo, Miraflores
Sustainable Greenbelt, Unity Park, Lucretia Edwards
Shoreline Park, Southside Park and the Nicholl Park
Master Plan, Boorman Park and the development of
a citywide gateway and wayfinding signage program
that visually communicates Richmond’s historically
and culturally rich identity.

Our team is prepared to support the City of San Pablo
in successfully delivering the SPARC program on time
and within the grant funding reqirements and budget.

FIRM STATEMENT OF QUALIFICATIONS
4 | CITY OF SAN PABLO
Status:
2016 to Present
Key Features:

Federal funding;
Public art installations;
Edible forest;
Multi-use trail
Key Reference:

Greg Hardesty
Parks Superintendent
Parks and Maintenance Division
510.620.6920
[email protected]
Marcia and her team worked with an association of 17 non-profit groups and 57 individuals to design and construct the 7.4 acre park which includes the work of five public artists; multiple trails; an edible forest; urban, native, healing, indigenous peoples and pollinator gardens; universally accessi- ble adventure play areas for 2-5 and 5-12 age groups with boulder and log scramble and log play structures; basketball courts; a covered pavilion with storm water catchment and space for a future community run café; two semi-custom restroom structures; a great lawn for events; picnic areas; bike shop and skills course; community gardens and a large plaza for events and farmers market to distribute the produce and fruit; interpretive signage; a fitness course and a system of storm water and green infrastructure treat- ments along a multi-use trail. A cost-efficient shade structure that reflect- ed the character of the light industrial and residential neighborhood is the centerpiece of a large plaza space. Steel, a recyclable material, was chosen for its durability and reclaimed redwood trunks provide seating. The butterfly roof funnels rainwater to native and drought-tolerant landscaping.

Marcia provided technical, design and graphic assistance during the master planning effort and helped identify the scope of work for the residents. Our team worked with the City and community to select a contractor early in the process to streamline the design and define community work. We used CMAS procurement to get the site furnishings and play equipment to stretch grant dollars. The non-profit groups, acting as adopt-a-spot sponsors, are taking on the maintenance. Our advocacy and work continues at Unity through an on-call relationship.

UNITY PARK, CITY OF RICHMOND

FIRM STATEMENT OF QUALIFICATIONS
SPARC (PROJECT #0501 ) | 5
The revitalization of the park is part of a collaborative effort in partnership with Richmond residents, early childhood development advocates and the City of Richmond. The project will help improve health and wellness, safety, beauty, access to outdoor recreation for all ages and abilities, and to help catalyze community revitalization. In the fall of 2018, Marcia worked with a team of residents, early childhood advocates, WCRG of First 5, Healthy & Active Before Five, public health, government, and community organizations to assess 25 city parks in Richmond to determine their suitability for play and outdoor physical activity by young children and families. Guided by community-based participatory research methodology, project participants prepared a park assessment; selected priority parks; identified areas in need of improvement; and developed recommendations for improvements.

The work includes final design, engineering, and construction of park improvements including: a soccer field, basketball court, children’s play areas with integrated artwork, a fitness zone, community gathering areas including a shade pavilion and outdoor classroom, a multi-use trail with fitness stations, skate features, a public restroom with amenities, two parking lots, and perimeter fencing.

Status:
2020 - Present
Key Features:

Grant writing support;
Master Planning;
Community outreach;
City Approvals from DRB
Community revitalization and the
Recreation and Parks Commission
Reference:

Jene’ Levine-Snipes
Richmond Grants Administrator
510.307.8137
[email protected]

BOORMAN PARK, CITY OF RICHMOND

FIRM STATEMENT OF QUALIFICATIONS
6 | CITY OF SAN PABLO
The Miraflores site was home to the local Japanese American flower growing businesses in the City of Richmond and is a unique 14-acre property that was initially a contaminated Brownfield site. The area was cleaned and remediated in preparation for land reuse and designated for agricultural, recreational, and housing purposes. This project focused on 4 acres and called for the development of an ecologically sensitive design that included a community garden, the incorporation of multi-use paths, passive and active recreation areas, the daylighting of a portion of Baxter Creek, an urban forest to offset the impacts of the site being adjacent to I-80, and stormwater and flood control measures.

This project was funded by multiple sources: The EPA awarded the Richmond Community Redevelopment Agency three brownfields cleanup grants that totaled $600,000, and the State Pollution Control Finance Agency gave the project $2.6 million in cleanup funds, with another State agency loaning funds for the massive clean up effort. The City received $8.3 million in State grant program funds by California’s greenhouse gas reduction cap-and-trade program. And an additional $1.6 million came from the State Strategic Growth Council’s urban greening fund and the California Coastal Conservancy.

We wrote and won a prestigious grant with the National Park Service’s Japanese American Confinement Sites Grant program and are telling the story of the Japanese American families that owned the site including interpretation signage and relocation and restoration of historic structures on site.

Status:
2013 - Present
Key Features:

Grant writing support;
Creek restoration;
Community outreach;
Community revitalization
Reference:

Jene’ Levine-Snipes
Richmond Grants Administrator
510.307.8137
[email protected]
HISTORIC INTERPRETATION – Miraflores Sustainable
Greenbelt

MIRAFLORES SUSTAINABLE GREEN BELT, CITY OF RICHMOND

FIRM STATEMENT OF QUALIFICATIONS
SPARC (PROJECT #0501 ) | 7
Reference:

Luis Freese, Associate
Superintendent of
Facilities, Maintenance and Bonds
West Contra Costa Unified School
District
1400 Marina Way South
Richmond, CA 94804
510.231.1105
El Cerrito High School was part of the 2010 Measure D Bond Program for the West Contra Costa Unified School District. Work included the complete replacement of the campus in several phases. Marcia and her team worked with the District for over 10 years to complete the project including prepar- ing plans for a temporary campus on existing sports fields, the design of the overall site landscape and hardscape for the new campus, decommissioning of the temporary campus and restoration of the sports fields and courts and finally the replacement of the football complex and installation of signa- ture landscape elements identifying the school. The site posed challenging conditions due to extreme slopes, underground creeks, local fault lines and the proximity of the campus to neighbors. The team created multiple gath- ering spaces on campus and within the sports complex. The sports complex included artificial turf baseball and softball fields with a practice field between, tennis courts that are shared with the City of El Cerrito by a joint use agreement, and a football/soccer stadium with an International Broken- Back Curved track and field events. Phasing of work was timed to minimize the impact of construction on school sports and physical education sched- ules.

EL CERRITO HIGH SCHOOL SPORTS COMPLEX, EL CERRITO

FIRM STATEMENT OF QUALIFICATIONS
8 | CITY OF SAN PABLO
Reference:

Luis Freese, Associate
Superintendent
Facilities, Maintenance and Bond
West Contra Costa Unified School
District
1400 Marina Way South
Richmond, CA 94804
510.231.1105
Marcia served as the Master Landscape Architect for the West Contra Costa Unified School District’s 1.6B bond program. One of the bond projects was the complete replacement of De Anza High School, including all-new sports fields and courts. Marcia served as the Landscape Architect of Record for the project. The campus was on a hilly site, so accessibility was paramount.

Marcia worked with the team’s civil engineers and site architects on creat- ing a design to navigate the campus seamlessly and beautifully. The sports complex was the last piece of the master plan and included a grass baseball field, artificial turf softball field, six tennis courts, 8 basketball courts, artificial turf soccer field, practice field and football stadium. The fields were linked to the gymnasium and school with multiple ramp and stair combinations. The overall landscape and sports complex design reflected the character and architecture of the school buildings including the use of consistent materials like brick and galvanized steel. All materials were selected and designed to be low-maintenance and resistant to vandalism and the effects of a coastal environment.

DE ANZA HIGH SCHOOL SPORTS COMPLEX & BASEBALL

FIELD, CITY OF RICHMOND

FIRM STATEMENT OF QUALIFICATIONS
| 9
Robert specializes in developing
private and public infrastructure
projects delivering more than $200
million in construction valuation
over the last 20 years. Engaged
throughout the life of the project,
his experience ranges from conceptual design to
detailed engineering culminating in final construc-
tion. Robert coordinates the design effort of the
team, public agencies, community organizations,
and private parties resulting in consensus based
solutions delivered on schedule and budget.

PARKS INFRASTRUCTURE EXPERIENCE
Niles Canyon Trail Feasibility Study and Project Study
Report, Alameda County
Tunitas Creek Beach County Park, Half Moon Bay
Niles Canyon Railway Ridge Trail Crossing, Fremont
Hercules Bay Trail Planning & Feasibility Assessment
Lone Tree Trail Feasibility Study, Rodeo
Tri-Valley Connector Final Design, Pleasanton
Stanley Boulevard Multi-Use Trail Final Design,
Alameda County
West Bay Trail Planning and Construction
Management Services, Hercules
SF Bay Gap Closure, Richmond
Crockett Hills Regional Park Staging Area Feasibility
Study, Contra Costa County
Bay-Vine Trail Gap Closure Planning and Local Assis-
tance Coordination, Vallejo
Wellness Trail Planning and Final Design, Richmond
Ferry to Bridge Planning, Richmond
Central Marin Bikeway Planning and Design, Corte
Madera
Mill Valley-Sausalito Trail Connector, Mill Valley
Marsh Creek Pedestrian Bridge, Oakley
Permanente Creek Pedestrian Bridge, Mountain View
Half Moon Bay Coastal Trail Pedestrian Bridge, San
Mateo County

INFRASTRUCTURE DESIGN/EIR
Miller Avenue Complete Street Design, IS/MND, and
Environmental Permitting, Mill Valley
East Sir Francis Drake Boulevard Design, EIR, and
Environmental Permitting, Marin County
San Palo Avenue complete Street Design, EIR, and
Environmental Permitting, San Pablo
Hercules Transit Village Design, EIR/ EIS, and Envi-
ronmental Permitting

PROFESSIONAL HIGHLIGHTS
20+ years of design experience
10+ years of construction management
C.3 and Green Design
Full Depth and Cold in Place Pavement Reclamation

EDUCATION
B.S. Civil Engineering, San Jose State University

REGISTRATION
Professional Civil Engineer
California - No 58660
Arizona – No 64581
Oregon – No 92558PE
Nevada – No 24882

ROBERT STEVENS, PE, TE, LEED AP

PRINCIPAL -IN-CHARGE
4 STAFF STATEMENT OF QUALIFICATIONS
10 |
Marcia has over 35 years of
professional experience in the
fields of landscape architecture,
urban design and planning. Marcia
has expertise in giving voice to
diverse communities and the
environment through landscape,
signage, art, and site design and can successfully
lead multidisciplinary teams through a project from
concept to implementation, reflecting the ideals of
a community and place. Marcia has designed over
100 play areas within schools and parks that provide
diverse, meaningful play experiences for people
of all ages and abilities. She designs universally
accessible neighborhood, community and regional
parks, schools and athletic fields, creating attractive, vibrant, and fun community spaces that are
accessible, safe, sustainable, durable, weather and
vandal resistant.

PARKS EXPERIENCE
City of Richmond Landscape Architecture On-Call
Wanlass Park, San Pablo
Unity Park, Richmond
Miraflores Sustainable Greenbelt, Richmond
Lucretia Edwards Shoreline Park
Olinda Park, Joint Use with Elementary School
Richmond Community Garden
Janice, Tiller and Martin Luther King, Jr. Park
Humbolt, Huntington, Monterey, Mendocino Play Lots
Southside Community Park
Harbour 8 Park
Kennedy Park
Nicholl Park Master Plan

URBAN PLANNING EXPERIENCE
Richmond City Center Facade Improvement Project
Richmond City Identity and Wayfinding Guidelines
City of Richmond Public Art Master Plan
City of Richmond “Yellow Brick Road” Safe Routes to
School Project
Cutting Boulevard Landscape Renovation, Richmond
Marina Streets Landscape and Master Plan,
Richmond
Carlson Boulevard Bay Friendly Streetscape,
Richmond

PUBLIC OUTREACH & FACILITATION
WCCTAC High-Capacity Transit Study, West Contra
Costa County
Richmond Parkway Design Guidelines, Richmond
Nevin Avenue Pedestrian Improvement Project,
Richmond
Richmond-Ohlone Greenway Gap Closure Public
Outreach, Richmond
Cutting Boulevard Streetscape Improvement Project,
Richmond
Central MacDonald Avenue Streetscape
Improvement Project, Richmond

EDUCATION
M.A. Landscape Architecture and Urban Design,
University of California, Berkeley
B.S. Landscape Architecture, Colorado State
University

REGISTRATION
Registered Landscape Architect
- California #3293
- Oregon #746

MARCIA VALLIER, ASLA, LEED AP

PROJECT MANAGER
| 11
Paul is a licensed landscape archi-
tect with 23 years of experience
whose projects include civic spaces,
public parks, single family and
multi-unit housing, educational
environments, and multi-modal
use trails. As a licensed landscape
architect at CSW/ST2, Paul is involved in all aspects
of design and planning from Schematic Design to
Construction Administration. He has managed the
review process for irrigation, soil management,
grading, water efficient landscape and landscape
designs to meet project and permitting require-
ments.

RELEVANT EXPERIENCE
Santa Fe Union Park, Richmond
Power Plant Park, Richmond
City of Richmond “Yellow Brick Road” Safe Routes to
School Project, Richmond
Cutting Boulevard Landscape Renovation, Richmond
Carlson Boulevard Bay Friendly Streetscape, Rich-
mond
Richmond City Center Facade Improvement Project,
Richmond
Richmond Yacht Club, Richmond
City of Richmond Public Art Master Plan, Richmond
Village Parkway Improvements, Dublin
Hiddenbrooke Park, Vallejo
Silver Terrace Playground, San Francisco
South Sunset Playground, San Francisco
Garfield Square, Union Park
Raymond Kimbell Playground, San Francisco
Micke Grove Park Expansion, Lodi
Sunnyvale Water Treatment Plant, Sunnyvale

EDUCATION
B.S. Landscape Architecture, University of California,
Davis

REGISTRATION
Registered Landscape Architect
-California #5040

PAUL STEVENSON, ASLA, LEED AP
LANDSCA [E ARCHITECTURE AND URBAN PLANNING

RESUMES
12 |
Mike is a civil engineer that special -
izes complete and green street solu-
tions. His expertise is developing
infra- structure solutions that bal-
ance environmental protection, cost,
and functionality. Mike is especially
experienced in the review of storm water hydrology
and hydraulics. He understands the value in bid esti -
mation/support and value engineering and his daily
drive and motivation is seeing a project that satisfies the client and the users and he brings a feel- ing of
ownership to his field with every project

RELEVANT EXPERIENCE
Positano Park, Dublin
Moeser Avenue Bike Lanes, El Cerrito
Goodrick Avenue Bay Trail Gap Closure, Richmond
San Miguel Pavement and ADA Improvements, Castro
Valley
Iron Horse Trail/Scarlett Drive Extension, Dublin
East Bay Regional Parks Iron Horse Trail Dublin, Pleas- anton
Niles Canyon Trail Feasibility Study and Project Study
Report, Alameda County
Hercules Bay Trail Planning and Feasibility Assessment, Hercules
Lone Tree Trail Feasibility Study, Rodeo

PUBLIC INFRASTRUCTURE
Path to Transit, Hercules Responsible for the
planning, design, and implementation of new streets,
bridge, utility systems, and restoration of Refugio
Creek facilitating the development of a regional
intermodal facility
Plaza and Del Norte BART Stations Pedestrian and
bicycle improvements as well as place making at two
BART station in El Cerrito
Rule 20B Undergrounding, Alameda County
Coordinated the Rule 20B Undergrounding of
Hesperian, Stanley, and Lewelling Boulevard, as
well as Moraga Road, Highway 29, and Macdonald
Avenue.

REGISTRATION
Professional Civil Engineer
California - No 76690
QSD/QSP #23319

EDUCATION
B.S. Civil Engineering, California State University, Chico

HIGHLIGHTS
Qualified Storm Water Develop/Practitioner
Specialized experience with Sustainable Design

PRESENTATIONS
“Greening the Marina Way in Richmond, California”
American Public Works Association, 2021

MIKE VIDRA, PE, QSD/QSP

GENERAL CIVIL ENGINEERING
| 13
Josh has nearly 20 years of experi -
ence providing surveying services for
residential and commercial develop-
ers, local and national corporations,
and municipal, state, and federal
agencies. He currently manages and
coordinates surveying engagements for all CSW|ST2
projects and works with collected field data to produce topography, boundary resolution, and various mapping
products, such as Records of Survey, Parcel Maps,
corner records, and legal descriptions. As a licensed
sUAS Remote pilot, Josh pinoneered the firm’s drone
surveying program, and also specializes in photogram-
metry and aerial mapping. Dedicated to his craft, Josh is involved in local chapters of CLSA and is a member
of the PLS Exam Development Committee for the State
of California.

RELEVANT EXPERIENCE
On-Call Land Surveying, Marin County Surveyor
On-Call Landscape Architecture Services, City of Rich-
mond
On-Call Civil Engineering Consulting, City of Richmond
SMART Real Estate Support On-Call Services, Landing
Way Easements, Petaluma
Niles Canyon Trail PA/ED Surveying Support, Unincor-
poration Alameda County
Strawberry Creek Culvert Confined Space Survey and
Study, City of Berkeley
Portland Loo at Channing Way Surveying, City of Berke-
ley
Public Restrooms Surveying, City of Berkeley
Milvia Street Bikeway, City of Berkeley
Sacramento Street Complete Street Survey, City of
Berkeley
MLK Jr. Youth Services and YAP Center Survey, City of
Berkeley
Corporation Yard Surveying and Conditions Assess -
ment, City of Berkeley
Peralta Community College District Laney College
Library PG&E Access and Maintenance Easement,
Oakland

EDUCATION
Certificate - Land Surveying & Civil Engineering
Program, Santa Rosa Junior College
California Land Surveyors Association Professional
Development Program - Certified 2017-2018

REGISTRATION
Professional Land Surveyor
California - No 9387
sUAS Remote Pilot License
Certificate #4117625

AFFILIATIONS
California Land Surveyors Association (CSLA), Marin
Chapter - current President
Board of Professional Engineers & Land Surveyors
(BPELS) PLS Exam Development Committee Member,
2017-present
JOSH WOELBING, PLS, sUAS REMOTE PILOT

LAND SURVEYING
14 |
Cynthia has over 30 years of experience in the building profession working on behalf of cost consulting firms.

Her extensive experience includes cost estimating,
preparing bills of quantities, evaluation of change
orders, value engineering, post contract adminis -
tration, cost reconciliation with third-party consul -
tants/contractors, and peer review of cost estimates
prepared by third-party consultants. She has expertise in recreation and public agency facilities, including
retrofits, remodels/renovations, new construction, and
assessments/feasibility/program-level cost plans and
estimates.

Cynthia has expertise on many projects with extensive
civil scopes of work, including outdoor recreation. Her estimating experience includes parks facilities, sports courts, and environmentally sensitive scope.

RELEVANT EXPERIENCE
Unity Park and Multi-use Trail, Richmond
Boorman Park, Richmond
Richmond Intermodal Transit Station Phase 2
Nevin Avenue Complete Street Improvements, BART
to 19th Street, Richmond
Victor Jones Park Renovation, San Rafael
San Rafael Park and Recreation Master Plan
Bidwell Park Community Center, Hayward
Jean Sweeney Open Space Park, Alameda
Linda Beach Park, Piedmont
Andy’s Unity Park, Santa Clara Valley Open Space
Authority
Downtown Event Center and Plaza (Civic Center Phase
1), Fremont
Sunset Futsal Court, Hayward
Via Toledo Park, San Lorenzo
Fairmont Terrace Park, San Leandro
East 14th Street Park/Mateo Street Park (with TPL),
Ashland

TRUST FOR PUBLIC LANDS EXPERIENCE
Ashland Common Park (with CSW), Ashland
Helen Diller Civic Center Playgrounds, San Francisco
MLA Academy Green School Yard, Oakland

EDUCATION
B.S. Civil Engineering, Adamson University, Philippines B.S. Sanitary Engineering, National University, Philip - pines

REGISTRATION
Certified Professional Estimator

CYNTHIA MADRID, CPE

COST ESTIMATING

| 15
As Ware Associates’ managing prin-
cipal, John has served as project
manager on a variety of award-win -
ning projects and feasibility studies.

He has over thirty years of architec -
ture and engineering design expe -
rience on municipal, commercial,
residential, and land development projects. John has
structural experience analyzing seismic, wind, earth,
dead and live loading under the guidance of ICC, ANSI
and CBC codes. He also has extensive engineering
experience in reinforced concrete, steel, wood, and
reinforced masonry, pile and pier foundations.

John’s goal is to work collaboratively to consider a
project’s primary systems at the inception and to
ensure that potential symbiotic relationships can be
delivered that improve the final design. John takes
pride in maintaining Ware Associates’ high standards
to best serve client needs and continues to develop
the practice’s portfolio of innovative and diverse
design projects.

RELEVANT EXPERIENCE
Unity Park Shelter, Richmond Project manager and
architect for this cost-efficient shade structure, meant to provide local residents with a venue for commu -
nity-building events. Part of a larger effort to acti - vate sections of the Richmond Greenway for greater
mental and physical health
Shoreline Parks and Pedestrian Bridge, San Mateo
Project manager for the design and implementation of
several key architectural elements of the $5.2 million
conversion of 2.5 miles of coastline into a nature area and park. Structures include a new maintenance build-
ing, public restrooms, picnic/shade shelters at Ryder
Park, and a 105’-span bridge connecting pedestrians
and light vehicles to newly restored wetland areas.

Bay Trail Extension Pedestrian Bridge, Berke -
ley Managed the design and construction support
of this 1.5-mile extension of the Bay Trail. The client requested a bicycle and pedestrian bridge that would
improve non-vehicular/motorized access to the Berke-
ley Marina, preserve open vistas of the waterfront,
and encourage the flourishing ecosystem around the
structure. Ware’s 110-foot low-slung design reduces
the number of support piers, minimizing impact to
sensitive wetland areas, while a raised base allows
plants underneath adequate access to sunlight.

Doyle Hollis Park, Emeryville Project manager for
the architectural, structural, and civil design of an
urban infill park; led the design for a naturally venti - lated restroom with green roof and green screen sides.

Developed sustainability initiative for the project to
include greywater runoff system, natural vent systems,
plant life on roofs and drainage system to nearby
landscaping. Coordinated sustainable material selec -
tion such as high fly ash concrete, sustainably forested wood and more.

EDUCATION
MArch University of California, Berkeley
MEng Civil and Environmental Engineering, Cornell
University
BS Engineering, Cornell University

REGISTRATION
Registered Professional Architect
California - No 32436
Professional Engineer
California - No 46323

JOHN WARE, AIA, PE

ARCHITECTURE AND STRUCTURAL ENGINEERING

16 |
Pieter is a licensed professional
engineer with over 35 years
ofexperience in the field. Pieter
has served as electrical principal-
in-charge and project manager for
hundreds of construction projects.

His experience includes many
Municipal and Park projects. On the proposed project,
Pieter would serve as electrical principal-in- charge
and project manager and would be responsible for the
electrical engineering and specification of the lighting and electrical power systems. Pieter is well versed in
sustainable design practices and is a LEED Accredited
Professional.

RELEVANT EXPERIENCE
Booker T Anderson Sports Field, Richmond
Andy’s Unity Park, Santa Rosa
Bayside Park, Burlingame
Bidwell Park, Fremont
Burlingame Ave. Streetscape, Burlingame
San Mateo Community College District Cañada
College Pedestrian Plaza, Redwood City
Davis 3rd Street, Davis
Dublin City Park Lighting, Dublin
Dublin Historic Park, Dublin
Isleton Asian American Heritage Park, Isleton
Jordan Ranch Park, Dublin
Lawler Ranch Park, Suisun City
McInnis Park Roadway Lighting, San Rafael
McKelvey Park, Mountain View
Manteca Library Park, Manteca
Menlo Park Civic Center Plaza Relighting Master Plan,
Menlo Park
Oyster Point Park, San Francisco
Prewett Community Park Improvements, Concord
Sonoma Plaza, Electrical Upgrade, Sonoma
Victor Jones Park, San Rafael
Warm Springs Park, Fremont

EDUCATION
BS Electrical Engineering, California Polytechnic State University, San Luis Obispo

REGISTRATION
Professional Electrical Engineer
California - No 14738

AFFILIATIONS
National Fire Protection Associate (NFPA) - Member

PIETER COLENBRANDER, PE

ELECTRICAL ENGINEERING

| 17
Jill is a Registered Professional Civil Engineer with
more than thirty years’ experience in both public and
private sector engineering. Her experience in munic -
ipal operations, resource planning, capital projects,
Special Districts, systems efficiency and benchmark -
ing, development and construction, and fee and rate
studies make her a valuable asset to any team. Jill’s
personable approach fosters excellent relationships
within project teams and with the community at large.

She has served as the Public Works Director/Assistant
Director and City Engineer for three Bay Area cities.

Her hands-on experience with day-to-day issues of
public works engineering, operation, and maintenance
enable her to quickly and easily step into virtually any role and provide immediate assistance.

Below is a brief snapshot of Jill’s project delivery expe- rience in her capacity as a Public Works Director:

LIBRARIES AND RECREATIONAL AMENITIES
• Developed the library’s “outdoor reading room”
on the Wildcat Creek Trail immediately adjacent
to the library. Worked with staff to design and
install a “Story Walk” along the trail. City staff
was responsible for all building maintenance and
repairs in the three jurisdictions.
• Oversaw design and construction of Skateparks in
both Concord and Moraga considering input from
the community about desired features and opera -
tions.
• Updated the playground structures at the Moraga
Commons and added a new water feature for the
younger users. Installed the Town’s first bocce
courts in response to requests from the commu -
nity.
• Designed and installed new prefabricated
restroom facilities at Dave Brubeck Park in
Concord using CMAS as a procurement tool to
save the City time and money with the installation.
• Working with the Vallejo Hiddenbrooke commu -
nity, designed and constructed the Hiddenbrooke
Park complete with children’s play structures,
basketball, bocce courts, picnic and restroom facil-
ities. The park also includes a perimeter walking
path and even a trailhead for hikers and equestri-
ans to access the adjacent open space.
• Installed young children’s play equipment at Cres-
cent Park on Mare Island to meet the needs of the
families in the residential areas on the island. The
project was funded with funds from the Commu -
nity Facilities District on Mare Island.
• Oversaw design and construction of the Wildcat
Creek Restoration and Greenway Trail. This project
opened up the creek, modified the floodplain, and
added native plants to provide a 2,200 linear foot
oasis in the middle of San Pablo.

EDUCATION
M.S. Environmental Engineering, Pennsylvania State
University
B.S. Civil Engineering, Bucknell University

REGISTRATION
Professional Engineer
California - No 54670

JILL MERCURIO, PE

GRANT ADMINISTRATION SUPPORT
18 | CITY OF SAN PABLO

POINT OF CONTACT
Marcia Vallier will serve as our Project Manager for the duration of the project, and will be the City of San Pablo staff’s primary point of contact. She will coordinate our subconsultant team, facilitate project related meetings, and coordinate with team members providing peer review support. 5 PROJECT MANAGEMENT
SPARC (PROJECT #0501 ) | 19
The demand for recreational open spaces in West
Contra Costa County, particularly for soccer fields, has reached unprecedented levels. Currently, more than
40 youth and adult leagues utilize all available field
time at the Rumrill Sports Complex, Martin Luther
King Junior Park, and the Tom Bates Regional Sports
Complex. This high demand has led teams to practice
at smaller parks within the community. West County
is privileged to host several semiprofessional leagues, including the Richmond SOL, Richmond Rayados, and
Richmond United Soccer Club, contributing to the
vibrant soccer culture in the region.

Our firm is helping the City of Richmond explore
options for expanding community recreational facil -
ities. At our meetings, hundreds of stakeholders
advocate for playfields. From this, we’ve learned the
importance of creating parks that fairly meet the
community’s recreational needs, offering programmed
spaces for various sports and unprogrammed areas
for recreation.

The City has secured $4.79 million from the Califor -
nia Natural Resources Agencies through the Urban
Greening Grant Program, along with a $3 million
budget earmark for the construction of an estimated
$8 million new park on the former El Portal Elementary
School site, acquired by the City in 2007. This strategi- cally positioned park, located within a half-mile radius of 8,000 residents (23% youth and 9% seniors), is also
adjacent to Contra Costa College. This location serves
as a buffer, mitigating noise, light, and traffic impacts on the surrounding residential community.

With decades of experience, our team has collaborated
extensively with West Contra Costa County commu -
nities in developing recreational facilities funded
through local sources and grants like the Urban Green-
ing Program. Our work plan centers on the following
strategies:

FIELD SIZING Based upon our discussions with local
soccer groups, U10 fields are adequate for practice
while U13 are ideal for tournament play. The exist -
ing site appears appropriate for a U13 field. We will
confirm if the field should be adaptable to serve
other sports such as softball, football, lacrosse, and/ or cricket.

FIELD AMENITIES Through our planning effort in
Richmond, we understand that stakeholders seek an
accessible path of travel to the field; restrooms, drink- ing fountain and bottle fillers; and spectator seating.

A key element is setting play areas for children not
participating in a match close to the field to allow for parent supervision. Fencing needs to be integrated
into the site plan to contain balls especially along the goal lines. Should the fields serve multiple sports, the project will need to integrate storage sheds.

FIELD TYPE A key constraint to developing soccer
fields is the high use. Stakeholders expect to use the field year-round except for December. A natural grass
field must rest so that it is not damaged. For this high level of use, the fields will likely need to be constructed from artificial turf. Artificial turf costs more, but its life cycle cost is less than grass and it provides space for year-round play. The following compares the cost and
restrictions between various field types:

Item Natural Turf Artificial Turf
Cost $10/ SF $30/SF
Maintenance
Raked and
seeded every
year
Replace turn
every 10 to 15
years
Irrigation
required
Yes, to water the
turf
Yes, to cool the
turf.

Use limitations Must heal after
use
No requirements
During the refinement of the design, we will evaluate if there are adequate funds to construct an artificial field. 6 PROJECT APPROACH
20 | CITY OF SAN PABLO
To further extend play, lighting is being considered.

We will prepare the requested feasibility analysis and if lighting is not affordable the trade-off will be to install conduits and foundations for the future system. There
are lighting grants and loans through Musco Light -
ing and the U.S. Soccer Foundation that are available
that may help fund all or part of the field lighting.

Musco Lighting: https://www.musco.com/soccerfund/
https://www.musco.com/musco-finance/ US Soccer
Foundation grant application: https://www.tfaforms.
com/4871632
CNRA REQUIREMENTS While the CNRA grant is
more flexible than some federal programs, there are
several elements that must be included during the
design process to meet the grant’s requirements. One
requirement is the development of a legal description
of the property for which grant funds are used for
development. This information cannot be obtained
from a grant deed or title policy. During the final
design phase, we create such a legal description and
plat map. We will assist the City by preparing grant
documentation and reporting and will ensure the
project meets all required grant deliverables.

OUTREACH We understand that park users can be
passionate about elements and features to be included
in the design. Our team believes that we must reach
out to all users on their terms and in their language to understand how the park will benefit their lives. Thus, we plan both formal and informal bilingual outreach
events to understand the community’s needs for the
recreational facility. We will review the 2020 Concep - tual Site Plan design and program with the community
to ensure the plan meets the needs of the community.

SITE CONDITIONS Marcia Vallier has extensive
experience working with the site when it was owned by
the West Contra Costa Unified School District, specif-
ically related to the Hayward fault. While we under -
stand the site’s soil was abated, it may be beneficial to acquire random samples to confirm conditions. Our
team is currently working on Boorman Park and the
presence of soil contamination has created a major
obstacle. Furthermore, we understand that the City
is working on restoration plans for Rheem Creek. The
project CEQA document notes that the adjacent trees
are an important habitat for birds. We will incorporate the new, expanded information from the CEQA docu-
ment into the design including preservation of bird
habitat.

Our in-house design and subcontracting teams have
worked together for over a decade on park projects,
Unity Park continues to thrive and evolve as the community creates more events and programs for the site through its Adopt- A-Spot sponsors, Urban Tilth and Rich City RIDES.

Marcia helped the City of Richmond improve pedestrian and bicycle accessibility along Nevin Avenue, a small but frequently used roadway adjacent to the City’s downtown center and Civic Center.

PROJECT APPROACH
SPARC (PROJECT #0501 ) | 21
fostering a profound understanding of each profes -
sional’s role in the design process. We are delighted
to welcome Jill Mercurio from Mercurio Engineer -
ing to collaborate with our team, specifically focus -
ing on peer review and grant administration for this
project. Recognizing the importance of self-reliance
and project progression, we are committed to achiev-
ing the City’s objective of inaugurating the park by
early 2026. The following outlines our work plan for
this engagement.

TASK 1 EXISTING CONDITIONS AND SCHEMAT -
IC DESIGN In the initial phase of project design,
our team will engage with staff to comprehend the
grant’s foundation, assess prior hazardous materi -
al abatement efforts on-site, and obtain a summary
of past programming endeavors. Subsequently, we
will conduct an existing conditions survey utilizing
both drone and traditional data collection methods
to compile a comprehensive topographic, utility, and
boundary survey for the park. Miller Pacific will review recent geotechnical data from the adjacent storage
site and conduct at least four geotechnical borings,
assessing soil conditions to a depth of approximate -
ly 10 feet. This data will inform the planning of the
foundation, particularly if an artificial field is chosen by the City. We recommend sampling surface soils for
hazardous materials.

To advance planning, we will refine the existing site
plan to align with current best practices for recre -
ational and sports facilities. This involves defining the locations and types of amenities such as restrooms,
seating, play areas, as well as accommodating acces -
sible and electric vehicle parking and bicycle facilities.

Concurrently, we will examine site and field lighting,
conduct a photometric analysis to establish lighting
requirements while minimizing spillover and glare.

Our team will quantify stormwater quality features to
meet C.3 standards and determine power, sewer, and
water demands for the site. Finally, we will collaborate with the City’s planning and building department to
confirm standards for securing permits.

During this phase, we will hold a meeting with staff to review the concept plan by CSWST2 and the associat-
ed construction budget, along with two independently
performed sets of quantity calculations by Mack5 and
Mercurio Engineering. With consensus of the concept,
we will develop a schematic design package encom -
passing site layout, landscaping, lighting, buildings,
and utility infrastructure, along with multiple render - ings for the new park. Our team will spearhead an
outreach effort, incorporating both an online process
and a community meeting, to present the schematic
design and solicit feedback.

In this phase, Mercurio Engineering will conduct a
peer review of our deliverables and guide the team
through the City’s processes. Meeting summaries and
a well-documented process will facilitate the City in
tracking the grant scope of work, streamlining report-
ing to the City’s finance department, CNRA, and
potentially CSP.

TASK 2 FINAL DESIGN AND PERMITTING Follow-
ing feedback from the community meeting, our team
will progress the design to the 65% and 95% comple-
tion levels. The documentation will encompass plans,
specifications, estimates, bid schedules, and calcu -
lations essential for obtaining building permits and
securing new services from East Bay Municipal Utility
District and Pacific Gas and Electric. Throughout the
design phase, we will collaborate with City depart -
ments, including Police, Fire, and Public Works, ensur- ing that our documents comprehensively address their
concerns, management needs, and design consider -
ations, including Crime Prevention Through Environ -
mental Design (CPTED).

As we fine-tune the design, our team will liaise with
Mack5 to formulate a bidding strategy aligned with
the budget. In the event of substantial market-driven

PROJECT APPROACH
22 | CITY OF SAN PABLO

PROJECT APPROACH
price increases, we may incorporate bid addenda into
the strategy to facilitate the project’s progression in a single bid phase. We may also suggest the strategic
use of a purchasing program like CMAS for procure -
ment of the turf and installation. We used this program to replace artificial turf at Martin Luther King, Jr. Fields in Richmond, California and multiple fields at Bay Area schools at a 10% savings over bid installations.

Upon completing construction documents at the
95% level, we will collaborate with the City’s build -
ing department to obtain permits. This endeavor will
encompass all necessary plans for the site develop -
ment permit, as well as documentation related to
stormwater quality, energy use, and structural calcu -
lations. Upon securing the building permit, we will
advance the plans to achieve the 100% completion
level. During this phase, Jill Mercurio will support final programming requirements of the CNRA grant, includ-
ing providing a legal description of the park.

TASK 3 BIDDING AND CONSTRUCTION SUPPORT
Our design team will aid the City in the bidding and
construction phases of the project. This involves
addressing inquiries and issuing bid or construction
addenda as necessary. Throughout the construction
phase, our team will collaborate with the City and
Construction Manager to review plant materials, hard-
scape treatments, and playground layout.

7 SCHEDULE OF WORK
ID Task Name Duration Start Finish
1 SPARC Development 533 days Mon 2/5/24 Wed 2/18/26
2 Notice to Proceed 0 days Mon 2/5/24 Mon 2/5/24
3 Task 1 ‐ Existing Conditions Assessment and
Schematic Design
128 days Mon 2/12/24 Wed 8/7/24
4 Kickoff Meeting 0 days Mon 2/12/24 Mon 2/12/24
5 Data Collection and Review 10 days Mon 2/12/24 Fri 2/23/24 6 Existing Conditions Mapping 30 days Mon 2/26/24 Fri 4/5/24 7 Geotechnical Assessment 30 days Mon 2/26/24 Fri 4/5/24 8 Concept Planning 30 days Mon 4/8/24 Fri 5/17/24
9 Review Meeting with City 0 days Fri 5/17/24 Fri 5/17/24 10 Schematic Design 30 days Mon 5/20/24 Fri 6/28/24
11 City Review 10 days Mon 7/1/24 Fri 7/12/24
12 Review Meeting 0 days Fri 7/12/24 Fri 7/12/24
13 Community Workshop #1 0 days Wed 8/7/24 Wed 8/7/24
14 Task 2 ‐ Construction Documents 120 days Thu 8/8/24 Wed 1/22/25 15 Prepare 65% PSE 25 days Thu 8/8/24 Wed 9/11/24
16 City Review 10 days Thu 9/12/24 Wed 9/25/24
17 Review Meeting 0 days Wed 9/25/24 Wed 9/25/24
18 Community Workshop #2 0 days Wed 10/16/24 Wed 10/16/24 19 Prepare 95% PSE 20 days Thu 9/26/24 Wed 10/23/24
20 City Review 10 days Thu 10/24/24 Wed 11/6/24
21 Review Meeting 0 days Wed 11/6/24 Wed 11/6/24
22 Submit for City Permit 0 days Wed 11/6/24 Wed 11/6/24 23 Building Department Coordination 45 days Thu 11/7/24 Wed 1/8/25 24 Utility Service Coordination 45 days Thu 11/7/24 Wed 1/8/25 25 Prepare 100% PSE 10 days Thu 1/9/25 Wed 1/22/25
26 Project Ready for Advertisement 0 days Wed 1/22/25 Wed 1/22/25 27 Task 3 ‐ Bidding 280 days Thu 1/23/25 Wed 2/18/26
28 Bidding Period 45 days Thu 1/23/25 Wed 3/26/25
29 Council Approves Contractor (3rd Thursday) 0 days Wed 4/16/25 Wed 4/16/25 30 Park Construction 180 days Thu 6/12/25 Wed 2/18/26
31 Park Opening 0 days Wed 2/18/26 Wed 2/18/26
2/5
2/12
5/17
7/12
8/7
9/25
10/16
11/6
11/6
1/22
4/16
2/18
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 2024 2025 2026
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration‐only
Manual Summary Rollup
Manual Summary
Start‐only
Finish‐only
Deadline
Progress
Manual Progress

Page 1 ends

San Pablo City CouncilFebruary 20, 2024

San Pablo City Council
February 20, 2024