of 10
Professional Services Agreement
Form approved by the City Attorney 5-11-20
CITY OF SANTA ROSA
PROFESSIONAL SERVICES AGREEMENT
WITH MOORE IACOFANO GOLTSMAN, INCORPORATED
AGREEMENT NUMBER 173617
This "Agreement" is made as of this ____day of_______, 2025, by and between the City of Santa Rosa, a municipal corporation (" City"), and Moore Iacofano Goltsman, Inc orporated, a California Corporation ("Consultant").
R E C I T A L S
A. City desires to obtain landscape architectural design and engineering services for Rincon Valley Community Park Play Area Renovation.
B. City desires to r etain a qualifi ed firm t o c onduct t he se rvices desc ribed above i n accordance with the Scope of Services as more particularly set forth in Exhibit A to the Agreement.
C. Consultant represents to City that it is a firm composed of highly trained professionals and is fully qualified to conduct the services described above and render advice to City in connection with said services.
D. The parties have negotiated upon the t erms pursuant to which Consultant will provide such services and have reduced such terms to writing.
AG
REEMENT
NOW
, THEREFORE, City and Consultant agree as follows:
1. SCO
PE OF SERVICES
Cons
ultant shall provide to City the services described in Exhibit A ("Scope of Services").
Consultant shall provide these services at the time, place, and in the manner specified in Exhibit A.
Exhibit A is attached hereto for the purpose of defining the manner and scope of services to be provided by Consultant and is not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreement. In the event of any conflict between this Agreement and any terms or conditions of any document prepared or provided by Consultant and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the terms of this Agreement shall control and prevail.
2. COM
PENSATION
a. Ci
ty shall pay Consultant for services rendered pursuant to this Agreement at the rates, times and in the manner set forth in Exhibit B. Consultant shall submit monthly statements to City which shall itemize the services performed as of the date of the statement and set forth a progress report, including work accomplished during the period, percent of each task completed, and planned effort for the next period. Invoices shall identify personnel who have worked on the services provided, the number Exhibit A
Professional Services Agreement
Form approved by the City Attorney 5-11-20
of hours each worked during the period covered by the invoice, the hourly rate for each person, and the percent of the total project completed, consistent with the rates and amounts shown in Exhibit B.
b. The payments prescribed herein shall constitute all compensation to Consultant for all costs of services , including, but not limited to, direct costs of labor of employees engaged by Consultant, travel expenses, telephone charges, copying and reproduction, computer time, and any and all other costs, expenses and charges of Consultant , its agents and employees. In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Consultant’s invoice.
c. Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all services to be performed hereunder shall in no event exceed the sum of two-hundred thousand ninety-seven and twenty dollars and no cents ( $297,020.00). The City’s Chief Financial Officer is authorized to pay all proper claims from Charge Number 09782-01.
3. DOCUMENTATION; RETENTION OF MATERIALS
a. Consultant shall maintain adequate documentation to substantiate all charges as required under Section 2 of this Agreement.
b. Consultant shall keep and maintain full and complete documentation and accounting records concerning all extra or special services performed by it that are compensable by other than an hourly or flat rate and shall make such documents and records available to authorized representatives of City for inspection at any reasonable time.
c. Consultant shall maintain the records and any other records related to the performance of this Agreement and shall allow City access to such records during the performance of this Agreement and for a period of four (4) years after completion of all services hereunder.
4. INDEMNITY
a. Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ( "Indemnified Parties") from all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, or agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City.
b. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 4, nor shall the limits of such insurance limit the liability of Consultant hereunder. This Section 4 shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section
Professional Services Agreement
Form approved by the City Attorney 5-11-20
17(b), below. The provisions of this Section 4 shall survive any expiration or termination of this Agreement.
5. INSURANCE
a. Consultant shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverage set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Consultant in exchange for City’s agreement to make the payments prescribed hereunder. Failure by Consultant to (i) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by City as a material breach of this Agreement by Consultant, whereupon City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement.
Notwithstanding the foregoing, any failure by Consultant to maintain required insurance coverage shall not excuse or alleviate Consultant from any of its other duties or obligations under this Agreement. In the event Consultant , with approval of City pursuant to Section 6 below, retains or utilizes any subcontractors or subconsultants in the provision of any services to City under this Agreement, Consultant shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverages set forth in the Insurance Requirements in Attachment One.
b. Consultant agrees that any available insurance proceeds broader than or in excess of the coverages set forth in the Insurance Requirements in Attachment One shall be available to the additional insureds identified therein.
c. Consultant agrees that the insurance coverages and limits provided under this Agreement are the greater of: (i) the coverages and limits specified in Attachment One, or (ii) the broader coverages and maximum limits of coverage of any insurance policy or proceeds available to the name insureds.
6. ASSIGNMENT
Consultant shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City, in City’s sole and absolute discretion. Consultant agrees that the City shall have the right to approve any and all subcontractors and subconsultants to be used by Consultant in the performance of this Agreement before Consultant contracts with or otherwise engages any such subcontractors or subconsultants.
7. NOTICES
Except as otherwise provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to:
Professional Services Agreement
Form approved by the City Attorney 5-11-20
City Representative:
Scott Wilkinson, Park Planner
55 Stony Point Avenue
Santa Rosa, CA 95401
(707) 543-3953
[email protected]
Moore Iacofano Goltsman, Incorporated Representative:
Amy Mitchell
800 Hearst Avenue
Berkeley, CA 94710
(510) 845-7549
[email protected]
8. INDEPENDENT CONTRACTOR
a. It is understood and agreed that Consultant (including Consultant’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Consultant nor Consultant’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Consultant under the provisions of this Agreement, and Consultant shall be issued a Form 1099 for its services hereunder. As an independent contractor, Consultant hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Consultant’s employees or by any third party, including but not limited to any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any services under this Agreement.
b. It is further understood and agreed by the parties hereto that Consultant, in the performance of Consultant’s obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished under this Agreement, but not as to the means, methods, or sequence used by Consultant for accomplishing such results. To the extent that Consultant obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Consultant’s sole discretion based on the Consultant’s determination that such use will promote Consultant ’s efficiency and effectiveness.
Except as may be specifically provided elsewhere in this Agreement, the City does not require that Consultant use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
c. If, in the performance of this Agreement, any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Consultant. It is further understood and agreed that Consultant shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Consultant’s assigned personnel and subcontractors.
d. The provisions of this Section 8 shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed to create an exclusive relationship between City and Consultant. Consultant may represent, perform services for, or be employed by such additional persons or companies as Consultant sees fit.
Professional Services Agreement
Form approved by the City Attorney 5-11-20
9. ADDITIONAL SERVICES
Changes to the Scope of Services shall be by written amendment to this Agreement and shall be paid on an hourly basis at the rates set forth in Exhibit B, or paid as otherwise agreed upon by the parties in writing prior to the provision of any such additional services.
10. SUCCESSORS AND ASSIGNS
City and Consultant each binds itself, its partners, successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other party in respect of all promises and agreements contained herein.
11. TERM, SUSPENSION, TERMINATION
a. This Agreement shall become effective on the date that it is made, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
b. City shall have the right at any time to temporarily suspend Consultant ’s performance hereunder, in whole or in part, by giving a written notice of suspension to Consultant. If City gives such notice of suspension, Consultant shall immediately suspend its activities under this Agreement, as specified in such notice.
c. City shall have the right to terminate this Agreement for convenience at any time by giving a written notice of termination to Consultant . Upon such termination, Consultant shall submit to City an itemized statement of services performed as of the date of termination in accordance with Section 2 of this Agreement. These services may include both completed work and work in progress at the time of termination. City shall pay Consultant for any services for which compensation is owed; provided, however, City shall not in any manner be liable for lost profits that might have been made by Consultant had the Agreement not been terminated or had Consultant completed the services required by this Agreement. Consultant shall promptly deliver to City all documents related to the performance of this Agreement in its possession or control. All such documents shall be the property of City without additional compensation to Consultant.
12. TIME OF PERFORMANCE
The services described herein shall be provided during the period, or in accordance with the schedule, set forth in Exhibit A . Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than June 30, 2028.
13. STANDARD OF PERFORMANCE
Consultant shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Consultant’s profession in
Professional Services Agreement
Form approved by the City Attorney 5-11-20
California. All products of whatsoever nature that Consultant delivers to City shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Consultant’s profession, and shall be p rovided in accordance with any schedule of performance. Consultant shall assign only competent personnel to perform services under this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned to perform the services under this Agreement prior to any such performance. In the event that City, at any time, desires the removal of any person assigned by Consultant to perform services under this Agreement, because City, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Consultant shall remove such person immediately upon receiving notice from City of the desire of City for the removal of such person.
14. CONFLICTS OF INTEREST
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of City. Consultant agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
15. CONFLICT OF INTEREST REQUIREMENTS
a. Generally. The City’s Conflict of Interest Code requires that individuals who qualify as "consultants" under the Political Reform Act, California Government Code sections 87200 et seq., comply with the conflict of interest provisions of the Political Reform Act and the City’s Conflict of Interest Code, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic interests. The term "consultant" generally includes individuals who make governmental decisions or who serve in a staff capacity.
b. Conflict of Interest Statements . The individual(s) who will provide services or perform work pursuant to this Agreement are "consultants" within the meaning of the Political Reform Act and the City’s Conflict of Interest Code:
____ yes __X_ no (check one)
If "yes" is checked by the City, Consultant shall cause the following to occur within 30 days after execution of this Agreement:
(1) Identify the individuals who will provide services or perform work under this Agreement as "consultants"; and
(2) Cause these individuals to file with the City Clerk the assuming office statements of economic interests required by the City’s Conflict of Interest Code.
Thereafter, throughout the t erm of the Agreement, Consultant shall cause these
Professional Services Agreement
Form approved by the City Attorney 5-11-20
individuals to file with the City Clerk annual statements of economic interests, and "leaving office" statements of economic interests, as required by the City’s Conflict of Interest Code.
The above statements of economic interests are public records subject to public disclosure under the California Public Records Act. The City may withhold all or a portion of any payment due under this Agreement until all required statements are filed.
16. CONFIDENTIALITY OF CITY INFORMATION
During performance of this Agreement, Consultant may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, tec hnical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as "City Information") that are valuable, special and unique assets of the City. Consultant agrees to protect all City Information and treat it as strictly confidential, and further agrees that Consultant shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of City. In addition, Consultant shall comply with all City policies governing the use of the City network and technology systems. A violation by Consultant of this Section 16 shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
17. CONSULTANT INFORMATION
a. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Consultant pursuant to this Agreement. In this Agreement, the term "information" shall be construed to mean and include: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
b. Consultant shall fully defend, indemnify and hold harmless City, its officers and employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepar ed, produced, or provided by Consultant pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Consultant not later than ten (10) days after City is served with any such claim, action, lawsuit or other proceeding, provided that City’s failure to provide such notice within such time period shall not relieve Consultant of its obligations hereunder, which shall survive any termination or expiration of this Agreement.
c. All proprietary and other information received from Consultant by City, whether received in connection with Consultant’s proposal , will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; provided, however, that, if any information is
Professional Services Agreement
Form approved by the City Attorney 5-11-20
set apart and clearly marked "trade secret" when it is provided to City, City shall give notice to Consultant of any request for the disclosure of such information. Consultant shall then have five (5) days from the date it receives such notice to enter into an agreement with the City, satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorneys’ fees) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. Consultant shall have sole responsibility for defense of the actual "trade secret" designation of such information.
d. The parties understand and agree that any failure by Consultant to respond to the notice provided by City and/or to enter into an agreement with City, in accordance with the provisions of subsection c, above, shall constitute a complete waiver by Consultant of any rights regarding the information designated "trade secret" by Consultant, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.
18. MISCELLANEOUS
a. Entire Agreement. This Agreement contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this Agreement are superseded by this Agreement and shall have no further effect.
b. Modification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by an authorized representative of that party.
c. Compliance with Laws. Consultant shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et seq., which require prevailing wages (in accordance with DIR determinations at www.dir.ca.gov) be paid to any employee performing work covered by Labor Code sections 1720 et seq. Consultant shall pay to the City when due all business taxes payable by Consultant under the provisions of Chapter 6- 04 of the Santa Rosa City Code. The City may deduct any delinquent business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Consultant.
d. Discrimination Prohibited. With respect to the provision of services under this Agreement, Consultant agrees not to discriminate against any person because of the 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 of that person.
e. Governing Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court in Sonoma County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court.
Professional Services Agreement
Form approved by the City Attorney 5-11-20
f. Waiver of Rights. Neither City acceptance of, or payment for, any service or performed by Consultant, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
g. Incorporation of Attachments and Exhibits. The attachments and exhibits to this Agreement a re incorporated and made part of this Agreement, subject to terms and provisions herein contained.
19. AUTHORITY; SIGNATURES REQUIRED FOR CORPORATIONS
Consultant hereby represents and warrants to City that it is (a) a duly organized and validly existing California Corporation, formed and in good standing under the laws of the State of California, (b) has the power and authority and the legal right to conduct the business in which it is currently engaged, and (c) has all requisite power and authority and the legal right to consummate the transactions contemplated in this Agreement. Consultant hereby further represents and warrants that this Agreement has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Consultant in accordance with the terms hereof.
If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice- president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature.
20. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Consultant wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement.
The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any signature that cannot be positively verified by the City as an authentic electronic signature.
P
age 10 of 10
Professional Services Agreement
Form approved by the City Attorney 5-11-20
Executed as of the day and year first above stated.
CONSULTANT:
Name of Firm: Moore Iacofano Goltsman,
Incorporated
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
___X_ Corporation
_____ Limited Liability Company
_____ Other (please specify: ___________)
Signatures of Authorized Persons:
By: __ __________________________
Print Name:_ Daniel S. Iacofano ______
Title: _ Chief Executive Offiicer _______
By: _____________________________
Print Name:__ Christopher Beynon_____
Title: __Treasurer__________________
City of Santa Rosa Business Tax Cert. No.
___06525590______________________
CITY OF SANTA ROSA
a Municipal Corporation
By:___________________________________
Print Name:__Mark Stapp_________________
Title:__Mayor___________________________
APPROVED AS TO FORM:
______________________________________
Office of the City Attorney
ATTEST:
_____________________________________
City Clerk
A
ttachments:
Attachment One - Insurance Requirements
Exhibit A - Scope of Services
Exhibit B - Compensation
1 R
incon Valley Community Park Play Area Renovation
Scope of Work
04-10-25
T
he proposed Scope of Services is based on the tasks and requirements described in RFP R167781 — Landscape Architectural Design and Engineering Services to Complete Construction Documents for Rincon Valley Community Park Play Area Renovation, dated January 9, 2025—and including modifications as discussed between MIG and the City of Santa Rosa (“the City”) in March 2025. It is based on an overall project cost of $1.5 to $2 million.
Project Understanding
Renovation of the Rincon Valley Community Park play area in northeast Santa Rosa was identified as a priority in the City’s 2022 Parks Condition Assessment & Prioritization Report. To address this, the project outlined in the City’s RFP entails renovating the existing play area and adjacent supporting amenities, such as the shade pavilion, picnic area, restroom, and surrounding flatwork. There is also an opportunity for the City and design team to explore the expansion of the play area into a more significant destination play area with additional site upgrades beyond the currently available budget by employing a phased approach. The CD and Construction phase is anticipated to address the current budget of approximately $1.5–2 Million. Still, in a phased approach, the design would make space for and provide connections to additional future work when more funding is available. Note that we assume all deliverables will be provided in PDF format except where noted otherwise. Native files will be created in software selected at the MIG Team’s discretion. If the City desires additional printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project’s budget and needs.
TASK 1: PROJECT INITIATION AND EXISTING CONDITIONS
1.1—PROJECT SCOPE AND SCHEDULE FINALIZATION
MIG will work with the City of Santa Rosa (the City) to customize and finalize the Scope of Services and Project Schedule so that tasks meet the City’s preferred process and timeline.
1.2—PROJECT KICKOFF MEETING AND SITE TOUR
The MIG Team’s design and technical leads (project manager (PM), design lead, civil engineer, and electrical engineer) will participate in an initial meeting with the City’s project team to discuss the project goals, opportunities, and challenges, as well as to establish project communication protocols, review project tasks and schedule, and discuss coordination topics to be determined in cooperation with the City. At this meeting, the City and MIG Team will discuss the project’s Community Engagement Plan, including how and when to engage the community. We see this meeting as a key step in developing a collaborative team that is committed to a shared process and vision for the project. The meeting will also include a site tour to observe the park’s existing site conditions, uses, and character.
Exhibit A
2 1.3—REVIEW OF REQUIREMENTS, EXISTING CONDITIONS, AND BACKGROUND DOCUMENTS The MIG Team will review codes, standards, and environmental regulations applicable to the project site and potential improvements. We will also review City-provided documents and online research regarding the site’s natural, social, and cultural history, including land use, demographics, and property boundaries, as well as ongoing site operations and maintenance issues.
1.4—CAD BASE WITH EXISTING UTILITIES AND STORMWATER COORDINATION The City will provide a topographic survey, including existing utilities stormwater infrastructure and tree locations with Diameter at Breast Height (DBH), for the project team to use in understanding existing site conditions and for use in construction documents. The MIG Team’s civil engineer, CSWST2, will utilize this survey to create an existing conditions base in CAD.
1.5—GEOTECHNICAL STUDY AND REPORT
Ninyo & Moore will conduct geotechnical sampling, including taking one exploratory boring within the project site to ascertain subsurface soil conditions. They will interpret the borings and provide a Geotechnical Report to address the design of the playground pavement types and footings. Ninyo & Moore will provide the City with a copy of the Geotechnical Report.
1.6—TREE SURVEY AND ARBORIST REPORT
SBCA Tree Consulting will provide a certified tree survey and arborist report for on-site trees. A metal number tag will be attached to each tree. Data collected will include tree species and common name, tree size (DBH and spread), evaluation of health and structural conditions, suitability for retention, recommendations for pruning and health mitigation including pests. A summary report will be prepared, including inventory data provided in excel sheets and a location map. Tree Protection Guidelines will be provided for all trees proposed for retention during construction. Guidelines will address specific encroachments into the Trees Protection Zones (TPZs) and include a map with TPZs.
1.7—TASK 1 PROJECT MANAGEMENT AND TEAM COORDINATION
MIG will coordinate the work of the subconsultants, monitor the schedule and budget, establish and monitor project quality, set up project accounting, and prepare and submit monthly invoices. MIG’s PM will coordinate and strategize with the City in one-hour video calls to review progress and discuss the next steps. Please refer to the accompanying Cost Proposal for the allowance of coordination meetings for each phase.
Task 1 Deliverables
• Final Scope of Work and Project Schedule
• Kickoff Meeting Notes
• CAD base of existing conditions
• Geotechnical Report
• Arborist Report
• Monthly invoices (throughout the contract period)
3 TASK 2: DESIGN DEVELOPMENT (DD)
2.1/2.2—COMMUNITY ENGAGEMENT, MEETING #1: VISIONING (IN PERSON EVENT AT THE PARK OR
ONLINE SURVEY) AND ENGAGEMENT SUMMARY
Building on the engagement planning identified through the Kickoff discussion, the MIG Team will prepare graphic materials to be used to draw out the community’s goals and vision for the new play area. MIG will work with the City to determine the best engagement strategy while developing the engagement plan at the Kickoff discussion. Materials will be prepared in English and designed to share the design process/timeline while gathering community input. MIG will lead either an in-person engagement meeting on-site at the park or provide an online survey. Visioning engagement will be designed to collect the community’s project site expertise, local knowledge, patterns of use, and desired experiences. MIG will work with the City to strategize engagement activities that will also provide an understanding of the site and area’s underlying character and cultural influences, which can be expressed in the design. MIG will prepare an Engagement Summary to summarize the findings and provide direction for the design alternatives.
2.3—DEVELOP PRELIMINARY PLANS (THREE ALTERNATIVES)
The MIG Team will prepare up to three (3) concept alternatives, showing the overall layout and primary features, designed to share with the community for further feedback. The alternatives will contain enough information to explain the general form and quality of the design and include a Plan, Site Vision Statement, and precedent images.
2.4—CITY REVIEW MEETING
The MIG Team will participate in a one-hour virtual meeting with the City to review feedback and discuss final edits before presenting the alternatives to the community. Early in the DD phase, the City will provide the MIG Team with any City-required standard details, title blocks, requirements, and specifications. DD submittals will be in PDF format and submitted digitally.
2.5/2.6—COMMUNITY ENGAGEMENT, MEETING #2: VISIONING (IN PERSON AT THE PARK) AND
ENGAGEMENT SUMMARY
MIG will present the Vision Summary and three (3) alternatives to the public at a second event, assumed to be held on-site (to be confirmed with the City at the Kickoff). The City may also post the alternatives on its website to solicit additional feedback. MIG will prepare an Engagement Summary to summarize the engagement findings and provide direction for a final, preferred concept.
2.7—DRAFT DD PACKAGE SUBMITTAL AND PRELIMINARY COST ESTIMATE MIG will prepare a Draft DD plan representing the collective City/community vision and feedback on the three alternatives. The Draft DD package will include a Materials and Layout Plan, Conceptual Grading and Drainage Plan, and Conceptual Lighting Plan to be used for a preliminary Opinion of Probable Construction Costs provided by MIG. This step will be an important check to confirm the design is on track with the budget before getting too far along in the process.
4 2.8—CITY REVIEW MEETING
The MIG Team will participate in a one-hour virtual meeting with the City to review feedback and discuss design or budget changes before proceeding with the Final DD Plan and full DD package.
2.9—FINAL DD PACKAGE SUBMITTAL
Based on the City’s review meeting and preliminary cost estimate, and upon receipt of the City’s consolidated list of comments and direction, the MIG Team will create the Final DD Plan and develop the full DD package, including a final Design Narrative, an Existing Site/Demo Plan, Preliminary Layout and Materials Plan, Conceptual Grading and Drainage Plan, plan enlargement for key areas and primary elements, Conceptual Planting Plan, Irrigation Concept Statement, outline of specifications, site-specific key details, and supporting graphics (allowing up to three 3D vignettes) to convey design intent.
2.10—CITY REVIEW MEETING
The MIG Team will participate in a one-hour virtual meeting with the City to review feedback and discuss changes before proceeding into 40% CDs.
2.11—FORMAL REVIEW MEETINGS (IN PERSON) WITH PRESENTATION PREPARATION MIG will present the Final DD Design in person at a Board of Community Services and City Council meetings.
2.12—TASK 2 PROJECT MANAGEMENT AND TEAM COORDINATION
The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying Cost Proposal.
Task 2 Deliverables
• Alternative Conceptual/Schematic Layout Plans (three alternatives) • Draft DD drawing package, including plans, details, and supporting design graphics • Final DD drawing package, including plans, details, and supporting design graphics • Project Design Narrative and outline specifications
• Preliminary Cost Estimate
TASK 3: CONSTRUCTION DOCUMENTS (CD)
3.1/3.2—40% CD SUBMITTAL WITH COST ESTIMATE AND CITY REVIEW MEETING Incorporating direction from the Final DD Package review meeting and Formal Reviews in Task 2, the MIG Team will prepare a 40% CD package. The MIG Team will provide an Opinion of Probable Costs based on the 40% plans. The City will review and provide one set of consolidated review comments detailing any changes to the 40% CD drawings and confirm direction before starting 75% CD development. These will be discussed in a one-hour virtual meeting with the MIG Team and City staff.
3.3/3.4—75% CD SUBMITTAL WITH COST ESTIMATE AND CITY REVIEW MEETING Incorporating direction from the 40% CD review meeting, the MIG Team will prepare 75% complete CDs and update the Opinion of Probable Costs based on the 75% plans. The City will review and provide one
5 set of consolidated review comments to be discussed in a one-hour virtual meeting with the MIG Team to confirm direction before starting 90% CD development.
3.5/3.6—90% CD SUBMITTAL WITH COST ESTIMATE AND CITY REVIEW MEETING Incorporating direction from the 75% CD review meeting, the MIG Team will prepare 90% complete CDs and update the Opinion of Probable Costs based on the 90% plans. MIG’s QA/QC team will perform a final review of the submittal documents. The City will review and provide one set of consolidated review comments to be discussed in a one-hour virtual meeting with the MIG Team.
3.7/3.8—100% CD/PERMIT SET SUBMITTAL WITH COST ESTIMATE AND CITY REVIEW MEETING Based on the City’s final consolidated comments list, the MIG Team will advance the CDs to 100% completion and update the Opinion of Probable Costs. The City will review and provide one set of consolidated review comments to be discussed in a one-hour virtual meeting with the City’s team to confirm any final edits for the Bid Set.
3.9—BID SET PREPARATION
The MIG Team will incorporate minor revisions in response to permit review to prepare the final Bid Set Documents for the City to use in soliciting construction bids. The 100% Opinion of Probable Costs shall serve as the engineer’s estimate.
3.10—TASK 3 PROJECT MANAGEMENT AND TEAM COORDINATION
The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying Cost Proposal.
Task 3 Deliverables
(Each package to include specifications, a materials schedule, and sheets per the RFP, with .DWG files when requested.)
• 40% CD Submittal and Opinion of Probable Costs (PDF and three (3) full-size hard copies) • 75% CD Submittal and updated Opinion of Probable Costs (PDF and three (3) full-size hard copies)
• 90% CD Submittal and updated Opinion of Probable Costs (PDF and three (3) full-size hard copies)
• 100% CD/Permit Submittal and Engineer’s Estimate of Costs (PDF only) • Bid Set, as outlined in the RFP with specifications in PDF and Word formats TASK 4: BIDDING SUPPORT
4.1—BID ASSISTANCE ALLOWANCE (ASSIST WITH BID FORM, BIDDER QUESTION RESPONSE, AND
ADDENDA)
The MIG Team will prepare responses to bidder questions to clarify the design intent.
6 4.2—PRE-CONSTRUCTION MEETING ATTENDANCE (VIRTUAL)
MIG will participate in a City-scheduled Pre-Construction meeting to help clarify and respond to questions related to project design intent.
4.3—TASK 4 PROJECT MANAGEMENT AND TEAM COORDINATION
The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying Cost Proposal.
Task 4 Deliverables
• Responses to Bidders’ Questions
TASK 5: CONSTRUCTION ADMINISTRATION
5.1—RESPONSES TO CONTRACTOR RFIS AND SUBMITTAL REVIEW/RESPONSE The MIG Team will review and take appropriate action on the Contractor’s submittals, such as RFIs, Shop Drawings, Product Data, and Samples, to confirm conformance with the project design intent and compliance with the information given in the Contract Documents.
5.2—BIWEEKLY CONSTRUCTION MEETINGS (EIGHT VIRTUAL AND EIGHT IN-PERSON, INCLUDING
PRELIMINARY AND FINAL PUNCH LIST)
MIG will attend up to eight (8) in-person site visits and eight (8) virtual meetings, which include the Preliminary and Final Punch List site visits. These biweekly meetings will be used to review construction progress and conformance with design intent. The task assumes an eight-month construction schedule; if the schedule is extended and/or additional site visits or meetings are needed, they may be provided as an Additional Service. At substantial completion: one site visit will assist with a consolidated Preliminary Punch List with the City’s representative. When construction is fully complete: one City-led site visit and consolidated Final Punch List of recommendations for contractor’s correction.
5.3—TASK 5 PROJECT MANAGEMENT AND TEAM COORDINATION
The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted in the accompanying Cost Proposal.
Task 5 Deliverables
• Submittal and Shop Drawing review documentation
• Responses to contractor’s Requests for Information
• Construction Meetings (up to eight)
• Site Visits/Punch walks (up to eight)
• Preliminary Punch List
• Final Punch List
7 ADDITIONAL SERVICES
The MIG Team has a broad range of experience, skills, and services. The following is a non-exhaustive list of items that are not included in this Scope of Work but could be provided as Additional Services if they are needed or desired by the City:
• An expanded level of construction with more custom or complex play elements or an extended limit of work.
• Additional community engagement beyond the scoped items in the process (including language translation, digital advertisement, intercept surveys, or additional surveys/workshops/open houses/pop-up events).
• Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings).
• Meetings with the City project team beyond those listed. • Project Manager (PM) changes within the City. If the primary client contact or PM changes during the project and necessitates more than an hour of the MIG Team’s time to reinitiate the project, this will be considered Additional Services.
• Additional time added to the project. The PM budget assumes the project duration noted in MIG’s Work Plan narrative and Cost Proposal, which aligns with the City’s proposed schedule as stated in the RFP. Additional budget will be requested for project management if the schedule slips more than three months beyond that term.
• Additional design alternative drafts or renderings other than those listed. • Preparation of phased or multiple-packaged Construction Documents. Preparation of special studies outside our Scope of Work.
• Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, or videotaping, etc.). • Utility Relocation Plans or utility or parking design beyond the play area limits. • Supplemental surveying services beyond the initial survey necessary for completeness. • Appeal, Design Exception, and Alternative Review applications. • Services related to future facilities and improvements. • Design of water capture/reuse systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems if required.
• Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civil/landscape items following completion of Construction Documents due to site and building plan changes or unforeseen existing conditions. • Design for areas not identified in the project understanding. • Value Engineering. If needed, the MIG Team is available on a time-and-materials basis to assist with VE and/or bid negotiations.
• Project Record Drawings.
City of Santa Rosa I RINCON VALLEY COMMUNITY PARK PLAY AREA RENOVATION PROJECT SBCA Tree
(Arborist)
Blue Text highlights proposed meetings--all virtual, unless stated as "in-person" Hrs@ $230 Hrs@ $215 Hrs@ $165 Hrs@ $175 Hrs@ $130 Hrs@ $160 Hrs@ $115 Task 1: Project Initiation and Existing Conditions (March 2025)
1.1 Project Scope & Schedule Finalization 1 $230 1 $215 4 $660 1 $175 $0 $0 $0 7 $1,280 $0 $1,280
1.2 Project Kick-off Meeting & Site Tour (In Person) $0 6 $1,290 10 $1,650 $0 6 $780 5 $800 $0 27 $4,520 $1,000 $400 $1,400 $190 $6,110
1.3 Review of Requirements, Existing Conditions and Background Documents 2 $460 2 $430 8 $1,320 2 $350 8 $1,040 2 $320 $0 24 $3,920 $1,500 $250 $1,750 $5,670
1.4 CAD Base with Existing Utilities & Stormwater Coordination $0 $0 4 $660 $0 8 $1,040 $0 $0 12 $1,700 $750 $750 $2,450
1.5 Geotechnical Study and Report $0 $0 2 $330 $0 1 $130 $0 $0 3 $460 $15,000 $15,000 $15,460
1.6 Tree Survey & Arborist Report $0 $0 $0 $0 $0 $0 $0 0 $0 $2,890 $2,890 $2,890
1.7 Project Management and Team Coord. (incl. up to 2 City coord. calls) 1 $230 $0 6 $990 $0 $0 $0 2 $230 9 $1,450 $0 $1,450 Subtotal 4 $920 9 $1,935 34 $5,610 3 $525 23 $2,990 7 $1,120 2 $23 0 82 $13,330 $3,250 $650 $15,000 $2,890 $21,790 $190 $35,310 Task 2: Design Development (April - June 2025)
2.1 Community Engagement #1 - Visioning (In Person at the Park or Online Survey) 1 $230 2 $430 18 $2,970 6 $1,050 24 $3,120 $0 $0 51 $7,800 $0 $190 $7,990
2.2 Community Engagement Summary $0 1 $215 4 $660 $0 8 $1,040 $0 $0 13 $1,915 $0 $1,915
2.3 Develop Preliminary Plans (3 alternatives) 1 $230 12 $2,580 24 $3,960 $0 36 $4,680 4 $640 $0 77 $12,090 $4,500 $4,500 $16,590
2.4 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
2.5 Community Engagement #2 - Preliminary Plans Input (In Person at the Park) $0 2 $430 20 $3,300 3 $525 30 $3,900 $0 $0 55 $8,155 $0 $190 $8,345
2.6 Community Engagement Summary 1 $230 1 $215 4 $660 1 $175 8 $1,040 $0 $0 15 $2,320 $0 $2,320
2.7 Draft DD Package Submittal and Preliminary Cost Estimate 2 $460 10 $2,150 22 $3,630 $0 46 $5,980 4 $640 $0 84 $12,860 $5,500 $3,200 $8,700 $21,560
2.8 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
2.9 Final DD Package Submittal $0 8 $1,720 12 $1,980 $0 28 $3,640 4 $640 $0 52 $7,980 $1,500 $2,000 $3,500 $11,480
2.10 City Review Meeting $0 2 $430 2 $330 $0 $0 $0 $0 4 $760 $0 $760
2.11 (2) Formal Review Meetings with presentation prepara tion (In Person - 1 Board of Community Services, 1 City Council) 2 $460 5 $1,075 10 $1,650 $0 8 $1,040 $0 $0 25 $4,225 $0 $160 $4,385
2.12 Task 2 Project Management and Team Coordination (incl. up to 2 City coord. calls) $0 4 $860 8 $1,320 $0 $0 $0 3 $345 15 $2,525 $0 $2,525 Subtotal 7 $1,610 49 $10,535 128 $21,120 10 $1,750 188 $24,440 12 $1,920 3 $345 397 $61,720 $11,500 $5,200 $0 $16,700 $540 $78,960 Task 3: Construction Documents (July 2025 - January 2026)
3.1 40% CD Submittal & Cost Estimate 3 $690 6 $1,290 32 $5,280 $0 38 $4,940 12 $1,920 $0 91 $14,120 $6,500 $1,280 $7,780 $300 $22,200
3.2 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
3.3 75% CD Submittal & Cost Estimate 5 $1,150 8 $1,720 32 $5,280 $0 46 $5,980 12 $1,920 $0 103 $16,050 $8,500 $1,280 $9,780 $300 $26,130
3.4 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
3.5 90% CD Submittal & Cost Estimate 5 $1,150 8 $1,720 32 $5,280 $0 46 $5,980 16 $2,560 $0 107 $16,690 $11,500 $1,280 $12,780 $300 $29,770
3.6 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
5.0 100% CD Submittal /Permit Set & Final Cost Estimate 4 $920 8 $1,720 24 $3,960 $0 30 $3,900 8 $1,280 $0 74 $11,780 $15,000 $1,280 $16,280 $28,060
5.1 City Review Meeting $0 1 $215 2 $330 $0 $0 $0 $0 3 $545 $0 $545
5.2 Bid Set Preparation 1 $230 4 $860 10 $1,650 $0 20 $2,600 6 $960 $0 41 $6,300 $4,500 $1,280 $5,780 $12,080
3.10 Project Management and Team Coordination (incl. up to 2 City coord. calls) $0 $0 28 $4,620 $0 $0 $0 7 $805 35 $5,425 $0 $80 $5,505 Subtotal 18 $4,140 38 $8,170 166 $27,390 0 $0 180 $23,400 54 $8, 640 7 $805 463 $72,545 $46,000 $6,400 $0 $52,400 $980 $125,925 e s t i m a t e d p r o j e c t c o s t MIG, Inc. Subconsultants (including direct costs)
Principal-in-Charge
Lauren
I
vey-ThomasJan Eiesland
Design Lead/
L
andscape Architect
Project Manager/
Landscape Architect
Project
Associate
Amy Mitchell J ia Wilson Dino Viale
Irrigation
D
esigner
Ninyo &
Moore
(Geotech)
Professional
F
ees
Totals
Karen Thompson
Project
A
dminstrator
MIG
D
irect
Costs
MIG
Labor Totals
CSW
(
Civil)
OMM
(Elect/
Lighting)
Sub
Totals
Community
Engagement
Specialist
MIG, Inc. City of Santa Rosa - Rincon Valley Community Park Play Area Renovation | Fee Proposal Exhibit B
City of Santa Rosa I RINCON VALLEY COMMUNITY PARK PLAY AREA RENOVATION PROJECT SBCA Tree
(Arborist)
e s t i m a t e d p r o j e c t c o s t MIG, Inc. Subconsultants (including direct costs)
Principal-in-Charge
Lauren
Ivey-Thomas Jan Eiesland
Design Lead/
Landscape Architect
Project Manager/
Landscape Architect
Project
Associate
Amy Mitchell Jia Wilson Dino Viale
Irrigation
Designer
Ninyo &
Moore
(Geotech)
Professional
Fees
Totals
Karen Thompson
Project
Adminstrator
MIG
Direct
Costs
MIG
Labor Totals
CSW
(Civil)
OMM
(Elect/
Lighting)
Sub
Totals
Community
Engagement
Specialist
Task 4: Bidding Support (February - May 2026)
4.1 Bid Assistance Allowance (Assist with Bid Form, Bidder Question Response, Addenda) 1 $230 2 $430 8 $1,320 $0 6 $780 1 $160 0 $0 18 $2,920 $1,500 $1,500 $4,420
4.2 Preconstruction Meeting Attendance (Virtual) $0 1 $215 1 $165 $0 0 $0 0 $0 0 $0 2 $380 $0 $380
4.3 Task 4 Project Management and Team Coordination (incl. up to 2 City coord. calls) $0 1 $215 6 $990 $0 0 $0 0 $0 4 $460 11 $1,665 $0 $1,665 Subtotal 1 $230 4 $860 15 $2,475 0 $0 6 $780 1 $160 4 $460 31 $4,96 5 $1,500 $0 $0 $1,500 $0 $6,465 Task 5: Construction Administration (June 2026 - January 2027)
5.1 Responses to Contractor RFI's, Submittal Review/ Response 1 $230 12 $2,580 40 $6,600 $0 30 $3,900 8 $1,280 $0 91 $14,590 $5,500 $3,960 $9,460 $24,050
5.2 Bi-weekly Construction Meetings (8 virtual+ 8 in person, incl. prelim and final punch list) 1 $230 8 $1,720 54 $8,910 $0 $0 8 $1,280 $0 71 $12,140 $4,000 $4,000 $640 $16,780
5.3 Task 5 Project Management and Project Closeout $0 0 $0 12 $1,980 $0 2 $260 1 $160 4 $460 19 $2,860 $1,200 $1,200 $4,060 Subtotal 2 $460 20 $4,300 106 $17,490 0 $0 32 $4,160 17 $2,720 4 $460 181 $29,590 $10,700 $3,960 $0 $14,660 $640 $44,890 32 $7,360 120 $25,800 449 $74,085 13 $2,275 429 $55,770 91 $14 ,560 20 $2,300 1154 $182,150 $72,950 $16,210 $15,000 $2,890 $107,050 $2,350 $291,550 5% Markup (Direct Costs/Administrative) $3,648 $811 $750 144.5 $5,353 $118 $5,470 $297,020
SUBTOTAL
TOTAL PROJECT COSTS
MIG, Inc. City of Santa Rosa - Rincon Valley Community Park Play Area Renovation | Fee Proposal