Signal Hill City Council
January 10, 2023

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CITY OF SIGNAL HILL

AGREEMENT FOR DESIGN SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 10th day of January, 2022, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California with its principal place of business at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and Architerra Inc. dba Architerra Design Group, a California corporation, with one or more design professionals licensed to practice in the State of California and with its principal place of business at 10221-A Trademark Street, Rancho Cucamonga, CA 91730 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City.

City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional landscape architectural and civil engineering design services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an architect in the State of California.

2.3 Project.

City desires to engage Consultant to render such professional architectural design services for the Hillbrook Park Renovation Design ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape architectural and civil engineering design services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all 55728.00300\33360316.1
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applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from January 16th, 2023 to July 16th, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Architect; Key Personnel.

3.2.1 Project Architect. Consultant shall name a specific individual to act as the Project Architect, subject to the approval of City. Consultant hereby designates Gregg Denson (License No. 4302) to act as the Project Architect for the Project. The Project Architect shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Architect shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Architect shall be of at least equal competence as the prior Project Architect. In the event that City and Consultant cannot agree as to the substitution of a new Project Architect, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Architect, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Richard Krumwiede RLA #2834, Robert Collings

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Consultant shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement.

Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its 55728.00300\33360316.1
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sole and reasonable discretion.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Consultant shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Consultant. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Consultant shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Consultant and City.

3.5.3 Americans with Disabilities Act. Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Consultant’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Consultant request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Consultant shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
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3.5.5.1 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant must keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and stormwater; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and stormwater discharges.

3.5.5.2 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.5.5.1, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Signal Hill Local Implementation Plan (“LIP”).. Sections 5, 7, and 8 of the DAMP contain requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
[https://www.cityofsignalhill.org/]

3.5.5.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5.1 and 3.5.5.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.5.5.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5.1 and 3.5.5.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and 55728.00300\33360316.1
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the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.5.5.1, 3.5.5.2 and 3.5.5.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City, and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Consultant without the prior written approval of City. If the Consultant’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Consultant’s work caused by the 55728.00300\33360316.1
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following shall be added to the time for completion of any obligations of Consultant: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. Neither the City nor the Consultant shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Request for Excusable Delay Credit. The Consultant shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Consultant for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Consultant Services.

3.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted industry practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:

3.8.3.1 Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. 55728.00300\33360316.1
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3.8.3.2 Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.

3.8.3.3 Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated.

3.8.3.4 Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant.

3.8.3.5 Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party.

3.8.3.6 Damage Repair. Supervision of repair of damages to any structure.

3.8.3.7 Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.3 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.4 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The City Manager hereby designates Thomas Bekele, Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Consultant’s Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One Hundred Forty Five Thousand Seven Hundred Twenty Six Dollars ($145,726) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Consultant perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project.

Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Consultant. Consultant’s compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the 55728.00300\33360316.1
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statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

3.10.5 Withholding Payment to Consultant. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Consultant’s reasonable control.

3.11 Labor Code Requirements.

3.11.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.

3.11.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the 55728.00300\33360316.1
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submission of payroll records directly to the DIR.

3.12 Notice to Proceed.

Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.13 Termination, Suspension and Abandonment.

3.13.1 Grounds for Termination; Consultant’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Consultant as provided in this Agreement.

3.13.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.

3.13.3 Documents and Other Data. Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement.

Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.13.4 Employment of other Consultants. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.14 Ownership and Use of Documents; Confidentiality.

3.14.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, architectural presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents 55728.00300\33360316.1
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shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.14.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(A) The construction of all or part of this Project.
(B) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(C) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Consultant shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant’s seal from the Project Documents and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.14.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.14.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City. 55728.00300\33360316.1
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3.14.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.15 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.16 Insurance.

Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.17 Records.

Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.

Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and 55728.00300\33360316.1
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activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.18 Standardized Manufactured Items.

Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.19 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for services between City and any consultant chosen therefor by City.

3.20 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.21 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.22 Asbestos Certification.

Consultant shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.23 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
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3.24 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Orange County.

3.25 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.

3.26 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.27 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.28 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.29 Safety.

Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.30 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Architerra Inc. dba Architerra Design Group 10221-A Trademark Street
Rancho Cucamonga, CA 91730
ATTN: Richard Krumwiede, President
City: City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
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ATTN: Patrick Kelley, Contracts Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.31 Attorney’s Fees.

If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other reasonable costs of such action, including expert witness fees and expenses.

3.32 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.33 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including architects and/or engineers, in connection with this Project or other projects.

3.34 Prohibited Interests.

3.34.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.34.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.35 Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.36 Labor Certification.

By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.37 Subcontracting.

As specified in this Agreement, Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.38 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
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CITY OF SIGNAL HILL Architerra Inc. dba Architerra Design Group
By: By:

Carlo Tomaino, City Manager Richard Krumwiede, President [If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

By:

Carmen Brooks, City Clerk
APPROVED AS TO FORM:

By:

Matthew E. Richardson
City Attorney
Richard Krumwiede, Secretary

PLAN FOR SERVICES
Our team understands the City is seeking the design, construction documents and construction administration services for Hillbrook Park, located at 1865 Temple Avenue in Signal Hill. The City wishes to renovate the park with updated essential amenities which may include a picnic shelter and tables, lighting, updating the play equipment, a walking track, fencing, fitness equipment, a display board, marquee sign/updated monument sign per details provided in Addendum No. 1, and updated planting and irrigation. As required to complete our plans, ADG will provide three preliminary conceptual design plans and exhibits for City approval and use in community outreach meetings. Upon approval of the final design, ADG will prepare complete construction documents for the project as identified in our scope of services, along with bidding assistance, construction administration, and CAD as-built plans. We are familiar with the site and have a thorough understanding of the project, and the City’s design intent.

City Issues and ADG Team Benefits
The City is looking for a comprehensive plan to renovate the existing neighborhood park to provide updated amenities.

Our team understands the value added by creating quality park and recreational opportunities for residents. We have worked directly on community input park development for many communities, including the recently opened Phil and Nell Soto Nature Park in the City of Pomona. ADG prepared the conceptual designs for the grant funding process, the final conceptual design and construction documents and was contracted by the City to manage the construction process to completion. The park featured robust educational elements and included historical, cultural, nature and fitness themed sections along with graphic interpretive panels (designed by ADG).

The City requires a consultant who has the skill and resources to provide the design development and preparation of construction documents on schedule with an estimated kick-off in January 2023.

We understand that timing for completion of our plans is important to the City. As one of the largest landscape architecture firms in the Inland Empire, we are fully staffed with 17 full-time credentialed, qualified, and motivated design professionals. We are ready and able to begin your high priority park projects in earnest. We have included our detailed schedule in the Appendix.

The City needs a consultant team with proven experience with successful park renovation projects.

ADG has worked with our team of sub consultants on many projects as listed in our “Key Personnel” section. We have confidence in the team and their work product, having collaborated for over 15-years and having won awards on collaborated projects.

The City needs a consultant adept at providing presentations to City staff, along with community groups, City council and recreation commission meetings.

Our history includes the proven successful ability to gather and understand the creativity and vision of the community. We will use Illustrative conceptual design graphics and amenities boards for further assessment and presentation to community groups, City Council and Staff. Much as we did with the Desi House Project for the Jurupa Community Services District, Phil & Nell Soto Park, Hamilton Park, and Villegas Park, we will create compelling graphics and story boards fully illustrating the conceptual and practical solutions behind our creative design presentations, along with handouts for the meetings.

Assumptions/Exceptions
• Our scope of services excludes the provision of any structural engineering. It is assumed the project will use prefabricated shade structures/play equipment/exercise equipment, and the manufacturer will provide those structural calculations. Structural Calculations for the shade structure and play equipment will be provided by a deferred submittal upon procurement by the construction contractor. Selected shade structure and play equipment will meet all requirements of jurisdiction having authority. Play equipment selection will be of a type that can be certified by ca Certified Playground Safety Inspector (CPSI) after proper installation by the contractor. Inspection by a CPSI is not included in our scope of services.
• We can provide the City with an English and Spanish version of handouts for the community/outreach meetings.
• The City has provided a secondary list of lower priority design features such as a zinnia garden with seating area, a dual water fountain for dogs/humans, updated BBQ’s, little free library box, small section for a dog run, and outdoor sculpture. As mentioned during the virtual meeting, the $850,000 construction budget may not be enough for these additional items but will be discussed during the design process.
• As with our other park designs of this type and size, we can also include preparing interpretative panels to highlight any nature feature amenities along the walking path. (i.e., butterfly gardens, the City’s flower “zinnia”, the park and/or City’s history, etc.)
• 3D Photo Renderings are excluded from our Basic Scope of Service but can be provided to the City, if requested. As outlined in our Fee Summary, an amount has been added to the Reimbursable Expense allowance for one aerial view and one birds-eye view.
• Agency processing of completed plan will be by the City. • Our firm does not provide maintenance repair parts and services for supplies as mentioned on page 6, item (e) of the RFP.
• Our firm cannot be responsible for delays during the construction of the project as mentioned in the Agreement for Design Services, 3.4.1 Standard of Care.

Construction delays would be the responsibility of the contractor hired by the City. • Our firm does not provide Asbestos Certification as mentioned in the Agreement for Design Services, item 3.22.

Our Scope of Services are further detailed below and are listed in order of anticipated completion.

SCOPE OF SERVICES
ADG has reviewed the scope of service requirements for both parks identified in the RFP.

Based on these requirements, ADG, and its team of consultants, agree to provide the following services for the park site as indicated below. All designs will be prepared in accordance with ADA guidelines. Subconsultant proposals are included in our separate fee envelope to provide further detail.

TASK 1. Administration

1. Project Kick Off Meeting (one virtual)

2. Project Administration - Maintain regular communication with City staff and conduct biweekly meetings to review project scope, initial concept plan, drawings specification and other planning document review. (eight virtual meetings)

3. Lead and facilitate community outreach/workshop meetings and present at least three concept drawing options at community outreach/workshop meetings (2), to include one Parks and Recreation Commission meeting; and one City Council meeting to get community input. (four meetings total)

4. Provide agendas of special items for discussion, and meeting minutes listing actions and follow-up items.

5. Provide a detailed project schedule with updates on a biweekly basis to Public Works staff members and maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

6. Consultant Coordination - Proactively initiate communications efforts between the design team to address key issues timely.

Deliverables:
• Meeting Schedules and PS&E Development Schedule Updates. • Facilitation of all outreach meetings/workshops.
• Meeting Agendas and Minutes.
• Public Outreach Materials (All printing, materials boards, etc. billed as a reimbursable expense).

TASK 2. Utility Coordination (by Civil Engineer - Madole)

1. Prepare a topographic survey of existing facilities and elevations.

2. Coordinate with the affected utility companies within the project limits as well as adjacent Agencies as necessary.

3. Prepare an initial request for utility information such as atlas sheets, mapping, or asbuilt plans, and notify of the need to install planned facilities in the project.

4. Review utility information to determine the impact of the project on the various utilities, including contacting each affected utility company to determine profiles of high hazard/high pressure facilities that may interfere with proposed construction.

5. Review utilities that may be affected by or affect the direction of the project.

6. Lead efforts to identify ownership of unknown utility lines.

7. Submit 30%, 60%, 90%, and 100% completion plans to the utility companies for review and comment, including notification of date of planned construction start.

8. Final grading plan based upon a final conceptual grading plan by ADG

9. Direction for onsite water retention for potential impacts based on the initial design

10. Maintain a utility contact matrix documenting contacts, issues, etc. with utility companies.

Deliverables:
• Madole’s proposal is included with our fee summary sheet for further detail of services.
• Meeting Agendas and Minutes.
• Utility notification letters.
• Utility Matrix.

TASK 3. Preliminary Engineering

1. Research and review base data documents including as-built improvement plans, utility information, existing pavement, water services, irrigation, and soils information, and other available record data.

2. Geotechnical reconnaissance and a geotechnical report with be performed by GeoTek per their proposal included with the Fee Summary and will generally include four (4) exploratory borings. Two (2) of the borings will be for geotechnical purposes and two (2) of the borings will be for infiltration testing purposes. The report will include, but not necessarily be limited to overall feasibility of the proposed improvements form a geotechnical standpoint; exploration logs including descriptions of materials encountered; an exploration location map; geologic setting; site seismic criteria; depth to groundwater if encountered; geotechnical hazards; corrosivity and soluble sulfate test results; foundation recommendations; infiltration test results and geotechnical recommendations for grading and construction. A report will be provided containing the data and recommendations necessary to inform structural design/engineer of any added park elements.

3. Site Visit/Reconnaissance - Review existing conditions, site furnishings, grades, stormwater infrastructure, water service, landscape, hardscape, irrigation, etc.

Meet with City staff to discuss key issues and make recommendations. Prepare a memo that identifies key issues and makes recommendations.

4. Prepare a Field Condition Assessment Memo. Include the following:
• Perform preliminary field reconnaissance and photo-document existing conditions.
• Identify special conditions that might create conflicts or change orders during construction. Identify how issues will be resolved.

5. Conduct a total of two field Design Review meetings with City staff to evaluate design recommendations against existing conditions.

Deliverables:
• Memos regarding field discoveries.
• Two field meetings with City staff.

Task 3.1 Concept Plans - All work identified herein will be performed by a licensed landscape architect and/or licensed civil engineer as applicable. We will perform the following:

1. Prepare AutoCAD Base sheet development based on Civil survey.

2. Preparation of three draft conceptual design sketches. Proposed design solutions will be used for review and comment by City. Design sketches will also be used to discuss initial construction budgets.

3. Rendering of conceptual design plans.

4. Preparation of Project Theme and Materials Board. Board to include photos of proposed site amenities, plant materials, hardscape, and finishes.

5. Prepare and present preliminary landscape and architectural layout plans, along with preliminary cost estimates to the City. Include plant palettes, photo boards and conceptual colored plan views.

6. Prepare plans, exhibits, photos, in color, as necessary for presentation to the City Council, advisory committees, commissions, community outreach/workshop meetings, etc. (four meetings total as outlined in Task 1.)

7. Incorporate City and community input to finalize draft landscape concept plan.

Deliverables:
• Technical Memo with Key issues.
• Concept Plans (minimum three).
• Renderings, photos, and exhibits.
• Presentation Material (Plant Palettes, photo boards, colored plan views, etc.) TASK 4. Construction Documents
PS&E will be provided at levels of completion of approximately 30%, 60%, 90%, and 100% completion. The City will provide review comments at the concept, 30%, 60%, 90%, and 100% design stage Plans will conform to the City of Signal Hill standard plans and will be prepared utilizing AutoCAD software. Copies of AutoCAD files will accompany each level of plan submittal. All work identified herein will be performed by Professional Engineers and Licensed Landscape Architect as applicable. Project plans will include, but are not limited, to the following:

1. Title sheet preparation.

2. Base Sheet Preparation @ 1” =20’ (scale), on 24”x36” sheet format, one sheet total.

3. Demolition Plan prepared by ADG indicating all removals and items to remain.

4. Construction Plan Preparation for layout and detailing of hardscape, property line and return walls, etc. All construction will be per the Standard Specifications for Public Works Construction, Caltrans Standard Specifications, American Public Works Association Standard Plans, Manual of Uniform Traffic Control Devices, California adopted (MUTCD CA) and Los Angeles County and City of Signal Hill Standards, as appropriate.

5. Construction Enlargement Plan of play equipment area.

6. Construction Detail Preparation for all proposed amenities.

7. Electrical Engineering Plans Provided by JCA to include preparing electrical construction documents reflecting new walkway pole lighting, covered shelter and one new illuminated marquee sign. Design includes Title 24 Energy Calculations and Photometric Illumination plans. JCA’s proposal is included with our fee summary sheet for further detail of services.

8. Civil design plans. Plans will include existing and proposed improvements, utility base mapping, stormwater quality improvements, etc. Where necessary, the plans shall define limits and extent of work pertaining to any grading, curb, gutter, sidewalk, stormwater BMPs, ADA upgrades, etc.

9. Landscape Planting plans. Plans shall include landscaping, plants & materials, architectural components, layout, and features. The plans shall be at a horizontal scale of 1” = 20’. Prepare documentation necessary to comply with the City’s Water Efficient Landscape Ordinance.

10. Landscape Irrigation plans. Plans shall include irrigation components, architectural components, layout, and features. The plans shall be at a horizontal scale of 1” = 20’. Prepare documentation necessary to comply with the City’s Water Efficient Landscape Ordinance. Design irrigation water services from domestic mains. We will check existing services condition and provide recommendations or new connections to supply required irrigation

11. Prepare Water Efficiency Landscape Worksheet. *

12. Prepare 2 Irrigation Controller Charts. *

13. Civil - Design elements required to comply with the NPDES program.

14. Planting and Irrigation Detail Preparation per City Standards.

15. Collect onsite soil sample and provide Agronomic Soils Test and Soils Management Report. * Outside lab testing will be billed as a reimbursable expense.

16. Prepare Annual Irrigation and Planting Maintenance Schedule. *

17. Submit 60% and 90% completion plansfor City’sreview and comments. Revise plans based on City comments.

Deliverables:
• Electronic PDF of plan submittals at 30%, 60%, 90%, and 100% completion milestones
• 100% drawings and Electronic PDF and DWG versions
• Items marked with * are required for compliance with CA water ordinance AB1881.

TASK 5. Cost Estimate

1. Prepare preliminary cost estimates during the conceptual design phase. Obtain City input and incorporate changes as requested. (3 cost estimates)

2. Prepare quantity calculations and final construction cost estimates in accordance with City requirements to meet established project construction budget of $850,000.

Deliverables:
• Cost estimate will be provided at Concept and 100% completion milestones. (three preliminary cost estimates and one final cost estimate) • Electronic files of 100% cost estimates in PDF and MS Excel TASK 6. Specifications

1. City staff will prepare general contract provisions. ADG will prepare all technical specifications and special provisions. The City will provide boilerplate specifications.

Specialprovisions will bepreparedby ADG in coordination and review with the City.

Greenbook 2015 edition may be utilized. (book form)
Deliverables:
• Technical Specifications and Special Provisions at the 90% and 100% completion milestones.
• Electronic files of 100% specifications in PDF and MS Word formats.

TASK 7. Construction Administration

1. Attend the pre-construction meeting, job walk, and job-site meetings over the course of the construction schedule. Job site meetings will be bi-weekly as needed. (14 visits total)

2. Preparation of site review reports for submittal to Client for review, and contractor for correction. (14 reports total)

3. Review/approve submittals and provide response to contractor's requests for information (RFI) about the plans and specifications forwarded to the Consultant by the City. This task includes conferring with the City’s Construction Manager regarding the RFI, as appropriate.

4. Review and approve shop drawings, as needed.

5. Electrical Engineering Construction Administration and shop drawing review provided by JCA.

TASK 8. Preparation of As-Built Drawings

1. Within 60 days following the completion and acceptance of the project, we will furnish City with a complete set of revised PDF and DWG as-built drawings from redlines provided by the contractor.

Deliverables:
• Furnish a complete set of revised PDF and DWG as-built drawings from red- lines provided by the contractor.
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EXHIBIT “B”

FEE SCHEDULE
<See Following Pages>

HILLBROOK PARK RENOVATION DESIGN SERVICES - FEE SUMMARY SHEET TASK 1. Administration $25,390.00
TASK 2. Utility Coordination $7,765.00
TASK 3. Preliminary Engineering $30,062.00
TASK 4. Construction Documents $58,279.00
TASK 5. Cost Estimate $2,680.00
TASK 6. Specifications $2,510.00
TASK 7. Construction Administration $12,070.00
TASK 8. Preparation of As-Built Drawings $1,270.00
Estimated Reimbursable Expense Allowance: $5,700.00
GRAND TOTAL (with estimated reimbursable allowance): $145,726.00 Landscape Architect - Architerra Design Group Hourly Billing Rates:

Principal $200.00/Hour
Director $175.00/Hour
Project Manager $135.00/Hour
Landscape Designer $120.00/Hour
CADD Designer $100.00/Hour
Clerical $65.00/Hour
Civil Engineer - Madole & Associates Hourly Billing Rates:

Principal and Registered Engineer $223.00/Hour
Principal Engineer $185.00/Hour
Designer $165.00/Hour
Drafter $148.00/Hour
Administration $110.00/Hour
Two-man Survey Crew $305.00/Hour
One-man Survey Crew $185.00/Hour
Electrical Engineer - JCA Engineering Hourly Billing Rates:

Project Engineer/Manager $220.00/Hour
Designer $180.00/Hour
Drafting/CADD $165.00/Hour
Geotechnical Engineer - Geo Tek Hourly Billing Rates:

Principal Engineer/Geologist $198.00 Hour
Geotechnical Engineer $171.00 Hour
Project Engineer/Geologist $144.00 Hour
Staff Engineer/Geologist $134.00 Hour
Field Engineer/Geologist $112.00 Hour
Field Supervisor $105.00 Hour
Project Administration/Drafting $66.00 Hour
Reimbursable Expenses
The following costs shall be reimbursed at cost and are not included in the Basic Fee for Services:
• An estimate of $3,200.00 has been added to our reimbursable allowance if the City would like 3D design renderings. This estimate would include one aerial view and one eye-level view.
• Expense of outside reprographic reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions, display photo boards and handouts for community and agency meetings.
• All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service.
• Cost of postage and shipping expenses other than first class mail. • Photographic services, film and processing.
• Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by City.
• Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project (Plan check fees, variance applications, etc.). • Fees for additional special consultants retained with the approval of City. • Third party soil testing, as required by California Water Efficient Landscape Ordinance AB 1881.

ARCHITERRA DESIGN GROUP, INC.

HOUR & COST PROJECTIONS
JOB NAME: HILLBROOK PARK
CLIENT: CITY OF SIGNAL HILL
CONTACT: PATRICK KELLY
DATE: DECEMBER 14TH, 2022
PREPARED BY: JRC/RWK
TASK 1. ADMINISTRATION PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
PROJECT KICK-OFF MEETING (VIRTUAL) 3 3 3 9 $1,530.00
PROJECT ADMINISTRATION (& 8 VIRTUAL MTGS) 100 100 $13,500.00 COMMUNITY OUTREACH MEETINGS (4 TOTAL) 16 16 32 $4,960.00 PREPARE AGENDAS & MEETING MINUTES 8 8 $1,080.00
SCHEDULING & BIWEEKLY UPDATES 12 12 $1,620.00
CONSULTANT COORDINATION 20 20 $2,700.00
TOTALS 3 19 159 0 0 0 181 $25,390.00
TASK 2. UTILITY COORDINATION (CIVIL
ENGINEER) PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
MADOLE & ASSOCIATES (CIVIL) ALLOW $7,765.00
TOTALS 0 0 0 0 0 0 0 $7,765.00
TASK 3. PRELIMINARY ENGINEERING PRINCIPAL DIR. OF DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
PROJECT RESEARCH 4 4 $540.00
GEOTEK (GEOTECHNICAL ENGINEERING) ALLOW $9,407.00
SITE VISIT 4 4 $540.00
FIELD ASSESSMENT REPORT 1 4 8 13 $1,715.00
FIELD DESIGN REVIEW MEETINGS (2) 6 6 $810.00
TASK 3.1 CONCEPTUAL PLANS
BASE SHEET PREPARATION 2 4 6 $670.00
PREPARE CONCEPTUAL DESIGN SKETCHES (3) 6 6 42 6 60 $7,710.00 RENDERING OF CONCEPTUAL DESIGNS 12 12 $1,500.00
PREPARE THEME & MATERIALS BOARDS 2 4 12 18 $2,390.00
PREPARE RENDERINGS & EXHIBITS FOR MTGS IN TASK 1. 2 4 12 18 $2,390.00 FINALIZE DRAFT WITH CITY INPUT 2 4 12 18 $2,390.00

TOTALS 0 13 38 98 10 0 159 $30,062.00
TASK 4. CONSTRUCTION DOCUMENTS PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
TITLE SHEET/PROJECT INFO. 2 8 10 $1,070.00
CAD BASE SHEET DEVELOPMENT 2 8 10 $1,070.00
DEMOLITION PLAN 5 15 20 $2,175.00
CONSTRUCTION PLAN 8 24 32 $3,480.00
CONSTRUCTION ENLARGEMENT PLAN 4 16 20 $2,140.00
CONSTRUCTION AND GRADING DETAILS 4 6 40 50 $5,510.00
JCA (ELECTRICAL ENGINEERING) ALLOW $8,100.00
MADOLE - DESIGN PLANS/NPDES (CIVIL) ALLOW $17,504.00
LANDSCAPE PLANTING PLAN 4 4 24 32 $3,640.00
IRRIGATION PLAN (_HRS/SHT) 3 4 29 36 $3,965.00
PREPARE WATER EFFICIENT LANDSCAPE. WKSHT. 0.5 2 2.5 $267.50 PREPARE 2 IRRIG. CONTROLLER CHARTS 1 4 5 $535.00
PLANTING & IRRIGATION DETAILS 1 2 3 $335.00
SOILS TEST & REPORT TIME (OUTSIDE REPORT BILLED AS REIMB) 2 2 $270.00 PREPARE ANNUAL IRRIG. & PLANTING MAINT. SCH. 0.5 1 1.5 $167.50 PLAN CHECKING 8 4 12 $1,940.00
PLAN SUBMITTALS (4) 16 16 $2,160.00
PLAN CHECK REVISIONS 10 26 36 $3,950.00
TOTALS 0 19 70 0 173 0 288 $58,279.00
TASK 5. COST ESTIMATE PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
THREE PRELIMINARY CONCEPTUAL COST ESTIMATES 6 12 18 $2,010.00 ONE FINAL COST ESTIMATE 2 4 6 $670.00
TOTALS 0 0 8 0 16 0 24 $2,680.00
TASK 6. SPECIFICATIONS PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
CONSTRUCTION SPECIFICATIONS AT 90% 2 12 14 $1,970.00
CONSTRUCTION SPECIFICATIONS AT 100% 4 4 $540.00
TOTALS 0 2 16 0 0 0 18 $2,510.00
TASK 7. CONSTRUCTION

ADMINISTRATION
PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
PRE CONSTRUCTION MEETING (1) 4 4 $540.00

ADDITIONAL SITE VISITS (13) 40 40 $5,400.00
OBSERVATION REPORTS/PUNCH LISTS (14) 20 20 $2,700.00
RFI RESPONSES 10 10 $1,350.00
REVIEW SHOP DRAWINGS 8 8 $1,080.00
JCA (ELECTRICAL ENGINEERING) ALLOW $1,000.00
TOTALS 0 0 82 0 0 0 82 $12,070.00
TASK 8. AS-BUILT DRAWINGS PRINCIPAL DIR. OF
DESIGN

PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
PREPARE AS-BUILTS 2 10 12 $1,270.00
TOTALS 0 0 2 0 10 0 12 $1,270.00
HOURLY BILLING RATES $200.00 $175.00 $135.00 $125.00 $100.00 $65.00 PROFESSIONAL FEE TOTAL (WITH OPTIONAL SERVICE) $140,026.00 ESTIMATED REIMBURSABLE EXPENSE ALLOWANCE $5,700.00
GRAND TOTAL (WITH REIMB) $145,726.00
55728.00300\33360316.1
(BB&K 2019) C-1
EXHIBIT “C”

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.
[INSERT ARCHITECT’S HOURLY RATES]

2. REIMBURSABLE EXPENSES.
[INSERT AUTHORIZED REIMBURSABLE EXPENSES]

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates or per identified lump sum proposals per attached rate schedules. Owner shall have the authority to review and approve the rates of any such consultants.

HILLBROOK PARK RENOVATION DESIGN SERVICES - FEE SUMMARY SHEET TASK 1. Administration $25,390.00
TASK 2. Utility Coordination $7,765.00
TASK 3. Preliminary Engineering $30,062.00
TASK 4. Construction Documents $58,279.00
TASK 5. Cost Estimate $2,680.00
TASK 6. Specifications $2,510.00
TASK 7. Construction Administration $12,070.00
TASK 8. Preparation of As-Built Drawings $1,270.00
Estimated Reimbursable Expense Allowance: $5,700.00
GRAND TOTAL (with estimated reimbursable allowance): $145,726.00 Landscape Architect - Architerra Design Group Hourly Billing Rates:

Principal $200.00/Hour
Director $175.00/Hour
Project Manager $135.00/Hour
Landscape Designer $120.00/Hour
CADD Designer $100.00/Hour
Clerical $65.00/Hour
Civil Engineer - Madole & Associates Hourly Billing Rates:

Principal and Registered Engineer $223.00/Hour
Principal Engineer $185.00/Hour
Designer $165.00/Hour
Drafter $148.00/Hour
Administration $110.00/Hour
Two-man Survey Crew $305.00/Hour
One-man Survey Crew $185.00/Hour
Electrical Engineer - JCA Engineering Hourly Billing Rates:

Project Engineer/Manager $220.00/Hour
Designer $180.00/Hour
Drafting/CADD $165.00/Hour
Geotechnical Engineer - Geo Tek Hourly Billing Rates:

Principal Engineer/Geologist $198.00 Hour
Geotechnical Engineer $171.00 Hour
Project Engineer/Geologist $144.00 Hour
Staff Engineer/Geologist $134.00 Hour
Field Engineer/Geologist $112.00 Hour
Field Supervisor $105.00 Hour
Project Administration/Drafting $66.00 Hour
Reimbursable Expenses
The following costs shall be reimbursed at cost and are not included in the Basic Fee for Services:
• An estimate of $3,200.00 has been added to our reimbursable allowance if the City would like 3D design renderings. This estimate would include one aerial view and one eye-level view.
• Expense of outside reprographic reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions, display photo boards and handouts for community and agency meetings.
• All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service.
• Cost of postage and shipping expenses other than first class mail. • Photographic services, film and processing.
• Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by City.
• Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project (Plan check fees, variance applications, etc.). • Fees for additional special consultants retained with the approval of City. • Third party soil testing, as required by California Water Efficient Landscape Ordinance AB 1881.

City of Signal Hill_Hillbrook Park Survey_Engineering Proposal_11_17_22 Page 1 SENT VIA EMAIL TO: [email protected] November 17, 2022
Richard Krumwiede

ARCHITERRA DESIGN GROUP
10221-A Trademark
Rancho Cucamonga, CA 91730

TOPOGRAPHIC SURVEY / ENGINEERING PROPOSAL
Hillbrook Park – Signal Hill, CA
Madole & Associates Job No. 818-XXXX
Dear Richard:

Madole and Associates, Inc. is pleased to submit this proposal for topographic survey in the amount of $25,269.00 for your review and consideration. Our proposed scope of work and compensation schedule are as follows:

SCOPE OF WORK:

Task 2104: Perform topographic survey to locate the following existing curbs; type, condition, and limits of concrete areas; building corner and doors at ground surface; trellis columns; retaining/planter walls; drainage inlets, visible utility covers and structures at surface; tree wells and tree locations; ground surface elevations in landscape. Input survey data into CAD and prepare topographic survey plat.

Coordinate with affected utility companies; obtain utility information such as atlas sheets, mapping or as-built plans; review utility drawings to determine impacts to the project; submit plan to utility companies for review through the design stage of the project; maintain a utility contact matrix.

Task 1100: Prepare civil construction design plans and stormwater/NPDES documents. Plans shall include removals, existing and proposed improvements, utility mapping, stormwater quality improvements, limits and extend of work pertaining to any grading, curb, gutter, sidewalk, stormwater BMPs, ADA accessibility upgrades. Plans shall conform to City of Signal Hill standard plans and specifications.

City of Signal Hill_Hillbrook Park Survey_Engineering Proposal_11_17_22 Page 2 COMPENSATION FOR SERVICES RENDERED:

Task 2104: $ 7,765.00 (Fixed Fee)
Task 1100: $17,504.00 (Fixed Fee)
Additional office engineering tasks not specifically outlined in this proposal will be compensated on an hourly basis at the rates set forth in our standard billing rate schedule provided as Exhibit “A” or a fixed fee as negotiated between the parties. Hourly based fees are estimates only and will be billed based on actual time spent.

We appreciate the opportunity of preparing this proposal for you. If you have any questions regarding this proposal or need any clarification, please do not hesitate to call.

Sincerely,
Mark Bertone, President
City of Signal Hill_Hillbrook Park Survey_Engineering Proposal_11_17_22 Page 3 EXHIBIT “A”

STANDARD BILLING RATE SCHEDULE
OFFICE TECHNICAL PERSONNEL:

PRINCIPAL $ 223.00 PER HOUR
PROJECT MANAGER $ 185.00 PER HOUR
DESIGNER $ 165.00 PER HOUR
DRAFTER $ 148.00 PER HOUR
FIELD:

TWO (2) MAN SURVEY CREW $ 305.00 PER HOUR
ONE (1) MAN SURVEY $ 185.00 PER HOUR
TWO (2) MAN TRAVEL TIME RATE $ 224.00 PER HOUR
ONE (1) MAN TRAVEL TIME RATE $ 112.00 PER HOUR
ADDITIONAL SERVICES:

Survey field time for all extra work will be billed in 4,6, and 8-hour increments and may incur travel time.

OUTSIDE SERVICES:

CLIENT shall pay the costs of all agency fees, permits, bond premiums, title company charges, delivery charges, blueprints and reproductions and all other outside charges and expenses.

REIMBURSABLE EXPENSES: The following costs shall be reimbursed at the cost invoiced to us plus 15% and are not included in the hourly rates for services:
• Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, copying and photo reproduction. • Cost of shipping expenses other than first class mail ACCEPTANCE:

In witness whereof, the parties agree to the terms outlined herein, and here executed this proposal as a short form agreement as of the date first above written.

ARCHITERRA DESIGN GROUP
Printed Name: Title:

Signature: Date:

December 13, 2022
Proposal No. P-1102022-CR
Architerra Design Group
10221-A Trademark
Rancho Cucamonga, California 91730
Attention: Ms. Kiley Sandoval
Subject: Proposal for a Geotechnical and Infiltration Evaluation Hillbrook Park Renovation Project
Northwest Corner of East Wall Street and Temple Avenue
City of Signal Hill, Los Angeles County, California
Dear Ms. Sandoval:

As requested, GeoTek, Inc. (GeoTek) is pleased to submit this proposal to prepare a Geotechnical and Infiltration Evaluation for the subject renovation project located in the City of Signal Hill, California. This proposal has been prepared based upon information provided by Architerra Design Group and GeoTek’s experience with this type of project.

Site and Project Description
The project consists of the renovation of the park to include the removal of the dry creek bed, expansion or modification of the existing playground to include new natural play equipment and a swing bay and addition of elements to encourage interaction with nature. The project is also understood to include addition of stormwater quality infiltration infrastructure. Shade structures, flatwork, fencing, fitness equipment, shelter tables, a marquee sign and updated landscaping are also proposed for the renovation project.

For the purposes of this proposal, it is assumed that the structures will be wood-framed and will be supported by conventional shallow spread footings and will most likely include conventional slab on-grade floor systems. Minimal cuts and fills are anticipated to be required during construction.

Based on review of published geologic maps, the park facility is underlain by alluvium, with some surficial fills most likely present.

GEOTECHNICAL | ENVIRONMENTAL | MATERIALS
Architerra Design Group Proposal No. P-1102022-CR
Proposal for Geotechnical and Infiltration Evaluations December 13, 2022 Signal Hill, Los Angeles County, California Page 2
No active or potentially active faults are known to exist at the facility, nor is the facility situated within an “Alquist-Priolo” Earthquake Fault Zone. The facility is not located within an area identified by the State of California as having a potential for liquefaction.

Proposed Scope of Work
In order to characterize the subsurface soil conditions at the site, GeoTek will perform a reconnaissance of the site. Permission/approval to enter the facility and coordination to drill on the property will need to be provided by Architerra Design Group.

GeoTek will excavate four (4) exploratory hollow stem auger borings with the aid of a track mounted drill rig at the facility. Two (2) of the borings will be for geotechnical purposes and two (2) of the borings will be for infiltration testing purposes. The geotechnical borings will be excavated within the area of the proposed construction and both borings will be excavated to a maximum depth of approximately 15 to 20 feet, or refusal, whichever occurs first. Two (2) infiltration borings will be excavated to depths of approximately five (5) feet below existing grades and will subsequently utilized for infiltration testing. The locations of the infiltration borings should be provided to GeoTek prior to the field exploration. The infiltration testing will be completed in general conformance with County of Los Angeles guidelines.

Once the drilling operations are completed, the boreholes will be backfilled with the soil cuttings and capped with cold patch asphalt concrete for the boring locations in paved parking/flatwork areas and native soil for the boring locations in the landscaped/soil areas.

Costs to remove any excess soils from the borings at the project sites have been not included in this proposal.

Prior to performing the field investigation, a representative of GeoTek will stake or spray paint the proposed exploration locations. Please be advised that GeoTek will not commence the field investigation until a representative of each facility has reviewed the proposed exploration locations and has verified that those locations are clear of buried utility lines. Prior to conducting the field explorations, GeoTek will contact Underground Service Alert (USA) to identify buried utilities that may be in the vicinity of the proposed exploration locations. This service does not mark locations of privately owned utilities. A local private utility locator has been included in the costs of this proposal to identify possible private utilities within the proposed areas of work which would not be marked by the public utility locator. Regardless of the use of a private utility locator, GeoTek will not be responsible for damage to unmarked subsurface structures or appurtenances as a result of the field activities.

Architerra Design Group Proposal No. P-1102022-CR
Proposal for Geotechnical and Infiltration Evaluations December 13, 2022 Signal Hill, Los Angeles County, California Page 3
GeoTek will not be responsible for repairs to any landscaping or irrigation lines that may be damaged as part of the field activities.

The fee estimate presented includes a trip to the site to locate the test borings and a final trip to perform the actual exploration operation.

California Prevailing Wage requirements are considered applicable for this project. This proposal is based on the understanding that the field exploration will be conducted during regular weekday business hours and that the boring locations are accessible by a regular-sized track-mounted drill rig.

Samples of soils encountered in the explorations will be obtained for subsequent laboratory testing. The laboratory testing will likely include in-situ moisture densities, maximum density/optimum moisture content, direct shear, and expansion index and corrosion testing.

Subsequent to completion of the field work and laboratory testing, a geotechnical report will be prepared for the facility. The report will include, but not necessarily be limited to: overall feasibility of the proposed improvements from a geotechnical standpoint; exploration logs including descriptions of materials encountered; an exploration location map; geologic setting; site seismic criteria; depth to groundwater if encountered; geotechnical hazards; corrosivity and soluble sulfate test results; foundation recommendations; infiltration test results; and geotechnical recommendations for grading and construction.

The fee for the geotechnical and infiltration evaluation is $9,407. A more detailed breakdown of the costs is included in the fee estimate table attached to this proposal.

A final report for the site can be submitted within approximately 20 working days following completion of the site exploration. It is estimated that work can commence as soon as written authorization is received. Assuming no delays due to availability of exploration equipment, site accessibility and inclement weather, it is anticipated that the field phase of the study will commence promptly once authorized by the client.

CLOSURE
The fees covered by the above estimate are limited to the stated scope and do not include any response to jurisdictional review questions, construction-related services, additional meetings or consultations that may be requested. Services beyond those outlined in this proposal and requested/authorized will be invoiced at the prevailing hourly rates, as indicated on the attached Work Authorization and Agreement.

Architerra Design Group Proposal No. P-1102022-CR
Proposal for Geotechnical and Infiltration Evaluations December 13, 2022 Signal Hill, Los Angeles County, California Page 4
Please sign and return a copy of the enclosed "Work Authorization and Agreement" form to this office.

If GeoTek receives a request to proceed (whether verbal, in writing or in the form of a Work Order or Purchase Order) with any or all of the services described in this proposal prior to receiving a signed copy of the attached Work Authorization and Agreement, and GeoTek provides any or all of the services, GeoTek and Architerra Design Group expressly agree that the terms of this proposal, the attached fee schedule and the terms and conditions set forth in the attached Work Authorization and Agreement form shall govern all the services performed.

GeoTek appreciates the opportunity of submitting this proposal and have included a contract for the scope of services. GeoTek looks forward to working with Architerra Design Group towards the successful completion of this project. If you have any questions, please do not hesitate to contact the undersigned.

Respectfully submitted,
GeoTek, Inc.

Anna M. Scott Bruce A. Hick
Project Geologist GE 2284, Exp. 12/31/24
Geotechnical Engineer
Edward H. LaMont
CEG 1892, Exp. 07/31/24
Principal Geologist
Enclosures: Breakdown of Costs
Work Authorization and Agreement
G:\Geo. & Env. Proposals\2022\November\P-1102022-CR Architerra Design Group Hillbrook Park INFILT\P-1102022-CR Architerra Design Group Signal Hill GEO INFILT.doc
TASK RATE TOTAL Notes
TASK NO. 1 SCHEDULING AND PROJECT COORDINATION
Staff Engineer/Geologist 2 Hours 134 $ 268 $
$ 268
TASK NO. 1 SUBSURFACE INVESTIGATION
Private Utility Locator 4 Hours 336 $ 1,344 $ Includes mobilization/demobilzation Hollow Stem Auger Track Mounted Drill Rig* 4 Hours 510 $ 2,040 $ Mobilization/Demobilization (Drill Rig) 2 Hours 480 $ 960 $ Field Engineer/Geologist 12 Hours 112 $ 1,344 $ Includes USA marking, boring logging and infiltration testing
Field Supplies 1 Each 500 $ 500 $ Pipe, rock, gravel and water $ 6,188
TASK NO. 3 LABORATORY TESTING
Moisture/Density Rings 8 Each 32 $ 256 $
Expansion Index 1 Each 163 $ 163 $
Corrosion Suite Testing with Sulfates 1 Each 214 $ 214 $ Direct Shear 1 Each 257 $ 257 $
Proctor - Moisture Density Curve 1 Each 209 $ 209 $
Collapse 3 Each 102 $ 306 $
$ 1,405
TASK NO. 4 ENGINEERING AND REPORT PREPARATION
Office Services/Drafting 2 Hours 66 $ 132 $
Staff Engineer/Geologist 8 Hours 134 $ 1,072 $
Geotechnical Engineer 2 Hours 171 $ 342 $
$ 1,546
$ 9,407
* Denotes Prevailing Wage Rate
SUBTOTAL:

SUBTOTAL:

TOTAL:

SUBTOTAL:

SUBTOTAL:

QTY
Appendix A
Breakdown of Costs for a Geotechnical and Infiltration Evaluation Hillbrook Park - NWC of East Wall Street and Temple Avenue Signal Hill, Los Angeles County, California
GeoTek, Inc. Work Authorization And Agreement

PROJECT INFORMATION
Proposal No:

Retainer:

Reimbursable Expenses not in fee Estimate:

CLIENT INFORMATION
Ext: X1001
State: CA Zip:

TERMS AND CONDITIONS
1) AGREEMENT. This Work Authorization and Agreement together with the proposal 2) FEES/QUOTATIONS. Unless otherwise specified, the Proposal will define the: (1) Services to be provided, (2) the estimated fee and expense amount(s) for such Services, and (3) the billing type or method (e.g. time and materials, lump sum, fixed fee to a maximum, etc.). Client agrees to pay GeoTek its quoted rates for the Services and any Additional Services (as defined below) and products provided subject to changes in pricing from time to time. Any quotation will be good for a period of thirty (30) days from the date of the quotation. Quotation(s) of fees and expenses are estimates only. The actual fees and expenses will be shown when the final invoice is tendered.
incorporated herein by reference and made a part of this Agreement (defined below) will constitute the agreement between Client, as identified above, and 3) BILLING AND PAYMENT. Invoices will be submitted on a progress basis for all Services performed during the term of the project. All invoices are due and payable upon receipt. Any and all invoices or any portion thereof, outstanding after thirty (30) days will accrue interest at 1.5% per month but in no event more than the maximum rate permissible by law from the original date of the invoice until paid. 6) PERFORMANCE.
a) Governmental rules and regulations are subject to interpretations. GeoTek will prepare all reports with a view toward complying with governmental rules and regulations, but no guarantee is given that any or all reports will be approved by the applicable governmental agency. b) GeoTek is relying entirely on plans and maps given to GeoTek by the Client or Client's agents, representatives or designees. Client will indemnify and hold GeoTek harmless from any and all damages to person or property caused by or to GeoTek or third parties resulting from undisclosed underground conditions or errors or inaccuracy of plans, maps or any other information provided by the Client or Client's agents, representatives or designees to GeoTek. 4) CHANGE ORDERS. Client acknowledges that it is impossible to predict with certainty what changes to the Services will be necessary as requirements for changes come from many sources beyond GeoTek's control. In the event changes become necessary, any services that are not specifically set forth in either GeoTek’s proposal or this Agreement but are requested by Client, its agents, representatives, or designees, either verbally or in writing, will be considered “Additional Services”. If Client, its agents, representatives, or designees request any Additional Services, GeoTek will issue Client a Change Order for Additional Services (“Change Order”) confirming Client’s authorization to proceed with such Additional Services. Within twenty-four (24) hours of receipt of a Change Order, Client must notify GeoTek of any disagreements with or amendments to any of the terms of the Change Order. Client’s failure to provide GeoTek with such timely notice will constitute acceptance of the terms of the Change Order and Client will be responsible for all additional charges, costs, fees and expenses incurred by GeoTek for such Additional Services. Due to the need for rapid decisions, fax transmissions and email are acceptable modes of confirmation. The Terms and Conditions of this Agreement and most recent fee chedule will apply to all Additional Services.

GeoTek, Inc., a Nevada Corporation (“GeoTek”) for performance of the professional services outlined in the Proposal, (“Services”). 5) RIGHT OF ENTRY.
a) Client hereby grants GeoTek the right of entry to the job site to permit GeoTek to perform the work under this Agreement. Client warrants that it has the authority to grant such right of entry.
b) Client acknowledges that excavations or destructive testing may be required to perform portions of the Services. Excavations will be backfilled in a prudent manner but cannot be returned to the previous condition. Damage to landscaping or natural vegetation may result. Client will indemnify and hold GeoTek harmless from any and all damages to persons or property caused by or to GeoTek or third parties as a result of the Services.

GeoTek is willing to provide the Services for consideration and upon the terms set forth in the Proposal and hereinafter stated. This Work Authorization and Agreement and the Proposal will be referred to collectively hereinafter as the “Agreement”. Any future work performed for Client will be under the terms of this Agreement unless a new agreement is executed in writing by both parties. c) GeoTek will not be responsible for delays or its failure to perform as a result of inclement weather, accidents, acts of God, public insurrection, war, labor difficulties, riots, interference by governmental agencies, or any other act reasonably beyond GeoTek's control. d) Client will disclose in writing to GeoTek any and all known or suspected hazardous or toxic conditions or materials present at the job site and will indemnify, defend and hold GeoTek harmless from and against any and all liability, costs, attorneys or expert fees or damage to person or property arising from hazardous or toxic conditions or materials present at the job site.

Scope of Services: Scope and estimated fees are outlined in the attached proposal. Services not outlined in the proposal or in this Agreement, are not included in the scope of this contract and will be invoiced separately as Additional Services (as provided in Paragraph 4 below). All services, including any Additional Services, are subject to the Terms and Conditions below.
(909) 484-2800
Attention:

Address 2:

City: 91730
(the “Proposal”), the terms of which are
Fax No:
[email protected]
Rancho Cucamonga
Cell Phone:

P-1102022-CR
Date: 12/13/2022
P-1102022-CR
Project No:

Project Name:

Project Location:

Hillbrook Park - Geotechnical and Infiltration Evaluation Signal Hill, Los Angeles County, California
Address 1:

Email:

Phone No:

Name: Architerra Design Group
Ms. Kiley Sandoval
10221-A Trademark
Fee Estimate: $9,407.00 COD:

Rev 08/14 1 of 3
GeoTek, Inc. Work Authorization And Agreement
9) INSURANCE. GeoTek maintains worker's compensation and public liability insurance policies for bodily injury and property damage. Certificates of insurance will be furnished upon request. With regard to property claims, GeoTek will not be responsible for damage beyond those amounts paid under the policies.

GeoTek will not be responsible for any consequential, lost profits, business interruption, or other damages claimed by Client. Requests for waivers of subrogation or other endorsements are subject to a 5% fee surcharge. 8) PROFESSIONAL OPINION. GeoTek’s professional services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering practices in effect at the time and place the services are performed. The professional opinions of GeoTek will be based upon conditions revealed at exploration locations and reconnaissance of surrounding terrain or through research efforts. The services on any given site are limited. It is agreed that GeoTek is not responsible for the affect that unknowns such as acts of others on adjacent properties, variables of nature including, but not limited to, earthquakes, the works of man, Acts of God, and other variables beyond the control of GeoTek may have on any opinion rendered hereunder. No opinions of any kind are given by GeoTek except those expressly stated in GeoTek's written reports. GeoTek does not warrant (either expressed or implied) or guarantee any of its recommendations, opinions or Services.
7) HAZARDOUS MATERIALS. GeoTek is not a generator, transporter and does not store or dispose of hazardous waste or non hazardous waste. Client will be responsible for the proper management, storage and disposal of hazardous waste or non hazardous waste present on the site and that may be encountered whether or not identified during GeoTek’s evaluation.
10) INDEMNIFICATION and LIMITATION OF LIABILITY.
a) GeoTek agrees, subject to the limitations herein, to indemnify and hold harmless Client from and against damages, liability and reasonable costs arising from the negligent acts of GeoTek in the performance of its Services under this Agreement, to the extent that GeoTek is responsible for such damages, liability and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify Client, the parties expressly agree that GeoTek has no duty to defend Client from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind.

GeoTek will not be obligated to indemnify Client for Client's own negligence or the negligence of others. b) Client agrees, subject to limitations herein, to indemnify and hold harmless GeoTek from and against damages, liability, and reasonable costs arising from the negligent acts of Client related to any work performed under this Agreement to the extent that Client is responsible for such damages, liability, and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify GeoTek, the parties expressly agree that the Client has no duty to defend GeoTek from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. Client will not be obligated to indemnify GeoTek for GeoTek’s own negligence or the negligence of others. c) Client acknowledges that it is aware of the risks involved in construction, limitations inherent to the contract Services, and variations that can exist from the conditions identified. Client agrees to limit any liability, claim for damages to person or property, attorneys fees, expert fees or other costs of defense, or expenses (collectively "Claims") to be levied against GeoTek arising out of or relating to any design defect, error, omission, professional negligence or other promise of GeoTek (collectively "Liabilities") to the amount of GeoTek's fees paid under the Agreement. This limitation will apply regardless of the cause of action or legal theory pled or asserted. The fee charged Client for the Services to be rendered pursuant to this Agreement has been established with regard to the legal effect of this Limitation of Liability section. Increased limits of liability can be negotiated for an increased fee. d) Except for work performed or provided by those subcontractors or subconsultants retained directly by GeoTek for whom GeoTek is legally liable, GeoTek assumes no responsibility or liability for work, testing, design(s) or recommendations performed or provided by others including, without limitation, other contractors, subcontractors, or consultants of any tier. f) Notwithstanding any other provision of this Agreement, neither the Client nor GeoTek, their respective officers, directors, partners, employees, contractors or subconsultants will be liable to the other or will make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages will include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and GeoTek will require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. e) The parties understand and agree that Client’s sole and exclusive claim, demand, suit, judgment and/or remedy for any claims arising from or in any way related to the performance of the Services provided under this Agreement will be directed and/or asserted only against GeoTek and not against any of GeoTek’s shareholders, engineers, employees, officers, or directors. 11) DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the Client and GeoTek agree that all disputes between them arising out of or relating to this Agreement or the project will be submitted to non binding mediation unless the parties mutually agree otherwise.
12) JOBSITE SAFETY. Neither the professional activities of GeoTek nor the presence of GeoTek or its employees and subconsultants at a construction/project site, will relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. GeoTek and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor will be solely responsible for Jobsite safety, and warrants that this intent will be carried out in the Client’s contract with the General Contractor. The Client also agrees that the Client, GeoTek and GeoTek’s subconsultants will be indemnified by the General Contractor and will be made additionally insured under the General Contractor's policies of general liability insurance.
13) OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by GeoTek as instruments of service will remain the property of GeoTek. GeoTek will retain all common law, statutory and other reserved rights, thereto.

All documents prepared by GeoTek under this Agreement for a particular project are not intended and not represented to be suitable for reuse by Client or others on any other project. Any such reuse without written authorization from GeoTek will be without liability to GeoTek and Client agrees to indemnify, defend, and hold harmless GeoTek from and against any and all losses, claims, damages and expenses (including attorney’s fees) arising out of or resulting there from.

Rev 08/14 2 of 3
GeoTek, Inc.

By: By:

Signature
Title: Title:
16) SUSPENSION OF SERVICES.
a) If the Project or GeoTek's Services are suspended by the Client for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, GeoTek will be compensated for all Services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of Services, the Client will compensate GeoTek for expenses incurred as a result of the suspension and resumption of its Services, and GeoTek's schedule and fees for the remainder of the Project will be equitably adjusted. b) If GeoTek’s Services are suspended for more than ninety (90) days, consecutive or in the aggregate, GeoTek may terminate this Agreement upon giving not less than five (5) calendar days written notice to the Client.
c) If the Client is in breach of the payment terms or otherwise is in breach of this Agreement, GeoTek may, at its sole discretion, suspend performance of services and/or withhold any and all reports and work product. In the event GeoTek suspends performance and/or withholds reports and work product pursuant to this provision, GeoTek will not be in default of this Agreement and GeoTek will have no liability to the Client. Client agrees to make no claim against GeoTek for any delay or damage as a result of such suspension and/or withholding of reports and work product and agrees to defend and indemnify GeoTek from and against any and all claims for damages including, without limitation, claims for delay, lost profit, business interruption, consequential or any other damages resulting from the suspension of services and/or withholding of any report and work product. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach which caused GeoTek to suspend Services and/or withhold reports and work product, GeoTek will resume Services and/or provide Client with the applicable reports and work product and there will be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 17) MISCELLANEOUS.
a) All terms of this Agreement will be governed by and construed under the law of the State in which the Services are provided. Diversity of the parties will not determine jurisdiction.
b) No provision of this Agreement will be interpreted for or against any party because that party or its legal representative drafted the provision. c) In the event that legal action is taken to enforce the terms of this agreement or resolve a dispute the prevailing party will be entitled to reasonable attorney's fees and costs incurred.
d) Failure by a party to exercise any right, remedy, or option in this Agreement or delay by a party in exercising the same will not operate as a waiver. No waiver will be effective unless it is in writing.
e) Every provision of this Agreement is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability will not affect the balance of the terms and provisions hereof, which terms and provisions will remain in full force and effect.
f) This Agreement may be executed at different times and in multiple counterparts, including, without limitation, facsimile counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. g) Client may not assign its rights or obligations under this Agreement without the express written consent of GeoTek. GeoTek may assign its rights and obligations under this Agreement to any of its affiliate companies without Client's consent upon written notice to Client. In the event of such an assignment, the assignee will assume the obligations of GeoTek under this Agreement as though such assignee had been an original party to this Agreement.

Branch Manager P-1102022-CR
Printed Name Printed Name
Ed LaMont, CEG
Signature
18) AMENDMENTS. Except as specifically provided herein, no addition(s) to or modification(s) of this Agreement will be binding on either party unless made in writing and executed by GeoTek and Client.
14) FORCE MAJEURE. Force Majeure as used in this Article will mean an act of God, strike, lockout, or other industrial disturbance, act of public enemy, war, blockage, public riot, lightning, fire, flood, explosion, earthquake, failure to timely receive necessary governmental approvals government restraint, unavailability of equipment, and any other cause, whether of the kind specifically enumerated above or otherwise, other than financial liability, which is not reasonably within the control of the party claiming suspension. If either party is rendered unable, wholly or in part, by Force Majeure to carry out their obligations under this Agreement, other than the obligation to make money payments, such party will give to the other party prompt written notice of the Force Majeure with reasonably full particulars concerning it; thereupon, the obligations of the party giving notice, so far as they were affected by the Force Majeure, will be suspended during, but no longer than, the continuance of the Force Majeure. The affected party will use all possible diligence to remove the Force Majeure as quickly as possible.

By Signing below, the parties accept the services outlined in the proposal, the rates indicated on any attached fee schedule, and all the terms and conditions contained within each page of this Agreement, including but not limited to attachments and exhibits.

CLIENT'S Authorized Signature of Acceptance:
15) TERMINATION.
a) In the event of termination of this Agreement by either party for any reason, the Client will within fifteen (15) calendar days of termination pay GeoTek for all Services rendered and all reimbursable costs incurred by GeoTek up to the date of termination, in accordance with the payment provisions of this Agreement. b) The Client may terminate this Agreement for the Client's convenience and without cause upon giving GeoTek not less than seven (7) calendar days written notice. c) Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days written notice for any of the following reasons:
i.) Failure by the other party to materially perform in accordance with the terms of this Agreement and through no fault of the terminating party; ii.) Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; iii.) Material changes in the conditions under which this Agreement was entered into, the scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. d) In the event of any termination that is not the fault of GeoTek, Client will pay GeoTek, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by GeoTek in connection with the orderly termination of this Agreement, including without limitation, demobilization, reassignment of personnel, overhead costs and all other expenses directly resulting from the termination.

CONSULTANT Authorized Signature of Acceptance:

Work Authorization And Agreement
Rev 08/14 3 of 3
PERSONNEL RATES Soils and Asphalt Continued
Professional and Project Management Description Unit Rate Unit Staff Type Unit Rate Unit
Percent Finer than #200 Sieve ASTM D1140 $ 128.00 Each
Principal Engineer/Geologist $ 198.00 Hour Permeability of Granular Soils ASTM D2434 $ 214.00 Each Geotechnical Engineer $ 171.00 Hour Permeability, Flexible Wall, Cohesive Soil ASTM D5084 $ 535.00 Each Project Engineer/Geologist $ 144.00 Hour "R" Value ASTM D2844/CT 301 $ 353.00 Each Staff Engineer/Geologist $ 134.00 Hour Resistivity of Soil ASTM G57 and pH ASTM D4972 $ 139.00 Each Field Engineer/Geologist $ 112.00 Hour Sand Equivalent ASTM D2419/CT 217 $ 123.00 Each Field Supervisor $ 105.00 Hour Sieve Analysis of Extracted Aggregate ASTM D5444 $ 80.00 Each Project Adminstration/Drafting $ 66.00 Hour Sieve Analysis, 3" to #200 Gradation ASTM C117 $ 163.00 Each Sieve Analysis Minus #200 by Wash ASTM D1140/C117 $ 80.00 Each Inspectors and Technicians Soil Classification, ASTM D 2487 $ 300.00 Each Staff Type Rate Cost Soil Moisture/Density In Situ Sample ASTM D1587/D2937 $ 32.00 Each Water Soluble Sulfate $ 64.00 Each
Lead Inspector $ 86.00 Hour
Certified Welding Inspector(AWS/CWI) $ 96.00 Hour
Soils Technician $ 76.00 Hour Concrete and Aggregate Tests ICC Certified Inspector(RC, PC, SM, SS, SSB) $ 76.00 Hour Description Unit Rate Unit ACI Technician $ 76.00 Hour
Proof Load Testing $ 134.00 Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 $ 80.00 Each Floor Flatness Technician Specific Gravity & Absorption Fine Agg. ASTM C128 $ 80.00 Each Ground Penetrating Radar Trial Batches ASTM C192 $ 856.00 Each One Man Crew $ 214.00 Hour Durability Index Coarse & Fine Aggregate ASTM D3744 $ 128.00 Each Two Man Crew $ 290.00 Hour Lightweight Concrete Unit Weight ASTM C495 $ 37.00 Each Non-Destructive Testing (ASNT) Modulus of Elasticity of Concrete ASTM C469 $ 214.00 Each Level III Review $ 214.00 Hour Sieve Analysis, Coarse Aggregate ASTM C136/CT 202 $ 107.00 Each Magnetic Particle Testing Level II $ 107.00 Hour Sieve Analysis, Fine Agg #4 to #200 ASTM C117/C136 $ 163.00 Each Ultrasonic Testing Level II $ 107.00 Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 $ 80.00 Each Radiographic Inspection Specific Gravity & Absorption Fine Agg. ASTM C128 $ 80.00 Each Coring Splitting Tensile/Concrete Cylinder ASTM C496 $ 54.00 Each Coring Machine Operator with equipment $ 134.00 Hour L.A. Rattler, ASTM C131 or C535/Cal 211 $ 321.00 Each Helper (Add Per Hour) $ 76.00 Hour Sulfate Soundness, ASTM C88 $ 578.00 Each Wood Fabrication Inspection $ 118.00 Hour Unit Weight of Aggregates, ASTM C29 $ 128.00 Each Nailing Inspection $ 96.00 Hour Cleanness Value, CT 227 $ 128.00 Each Roofing Inspection $ 96.00 Hour Moisture Content of Aggregate ASTM C29 $ 80.00 Each Laboratory Technician $ 96.00 Hour Concrete
Sample Pick-up Driver (If not done on a per trip basis) $ 76.00 Hour Shrinkage, set of 3, ASTM C157, CT 530 $ 428.00 Each Compression 4x8 Cylinders ASTM C39 $ 32.00 Each
Compression, 6x12 Cylinders, ASTM C39 $ 32.00 Each
Description Unit Rate Unit Compression, 3X6 Cylinders Lightweight ASTM C495 $ 48.00 Each Phase 1 and Phase 2 Reports Compression, 2X2 Cubes, each age, ASTM C109 $ 32.00 Each Geotechnical Investigation Report Concrete Core Compression ASTM C42 $ 77.00 Each Percolation or Infiltration Testing Splitting Tensile, 6X12 Cylinders, ASTM C496 $ 80.00 Each Unit Weight of Concrete Cylinders, ASTM C567 $ 48.00 Each LABORATORY TESTS Unit Weight of Lightweight ASTM C495 $ 59.00 Each Soils and Asphalt Flexural Strength of Concrete, ASTM C78 or C495 $ 80.00 Each Description Unit Rate Unit Shotcrete Panel Core Compression Test, ASTM C42 $ 118.00 Each Emission of Moisture through Concrete $ 107.00 per test Asphalt Content by Ignition $ 326.00 Each
Burn-Off Method CT 382/ASTM D6307 $ 321.00 Each Masonry Tests Bitumen Content (extraction), ASTM D2172 $ 214.00 Each Description Unit Rate Unit Bitumen Content CT 310/Cal 382 Ignition Furnace $ 161.00 Each Gradation of Extracted Sample, ASTM C 136/CT 202 $ 326.00 Each Brick Absorption ASTM C67 $ 27.00 Each Maximum Specific Gravity, (Marshall) ASTM D2041 $ 321.00 Each Brick Compression ASTM C67 $ 54.00 Each Collapse/Swell ASTM D4546 $ 102.00 Each Dimensional Measurement-Masonry Units ASTM C140 $ 80.00 Each Compaction, Modified Proctor ASTM D1557 $ 209.00 Each Masonry Unit Compression Gross Area ASTM C140 $ 118.00 Each Compaction, Modified Proctor ASTM D698 $ 209.00 Each Masonry Unit Compression Net Area ASTM C140 $ 91.00 Each Hveem Maximum Density, CT 304/308 $ 375.00 Each Absorption & Moisture of Block ASTM C140 $ 27.00 Each Consolidation ASTM D2435, D4546 $ 241.00 Each Compression, Grout Prisms, ASTM C39 $ 32.00 Each Corrosivity Suite D4972, G57, D4327, D46589M $ 214.00 Each Compression, Mortar Cylinders, ASTM C39 $ 32.00 Each Direct Shear, Consolidated-Drained ASTM D3080 $ 257.00 Each Compression, Composite Prisms, ASTM E447 $ 118.00 Each Direct Shear, Residual ASTM D6467 Mod $ 257.00 Each Compression, Masonry Core, ASTM C140 $ 80.00 Each Expansion Index Test UBC 29-2/ASTM D4829 $ 163.00 Each Shear, Masonry Core, CCR Title 24 $ 107.00 Each Liquid Limit, Plactic Limit and P.I. ASTM D4318 $ 161.00 Each Epoxy Grout 2x2x2 Cube Compression ASTM C579 $ 32.00 Each Particle Size Analysis of Soil #4 to Fines ASTM D422 $ 305.00 Each Masonry Composite Prism Compression ASTM C1314 $ 171.00 Each Specific Gravity of Soil, ASTM D854 $ 184.00 Each Grout Prism - Compression Test ASTM C1019 $ 37.00 Each Quote Upon Request
2022 Master Fee Schedule

GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES Non-Prevailing Wage Project
Quote Upon Request

ENVIRONMENTAL AND GEOTECHNICAL INVESTIGATIONS
Quote Upon Request
Quote Upon Request
Quote Upon Request
2022 Master Fee Schedule

GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES Non-Prevailing Wage Project
Reinforcing Steel Tests Miscellaneous
Description Unit Rate Unit Description Unit Rate Unit
Bend Test of Rebar #11 ASTM A370 $ 107.00 Each Concrete Mix Design Review $ 198.00 Hour Bend Test of Rebar #14 ASTM A370 $ 182.00 Each Weld Procedure Review $ 214.00 Each Bend Test of Rebar #3 - #10 ASTM A370 $ 86.00 Each QA/QC Plan Written Procedures Tensile #11 Rebar ASTM A370 $ 86.00 Each Administrative/Clerical Services $ 66.00 Hour Tensile #14 Rebar ASTM A370 $ 214.00 Each
Tensile Test #3 - #10 ASTM A370 $ 80.00 Each
Prestressing Steel Tests
Description Unit Rate Unit BASIS OF CHARGES
Yield Strength, Breaking Strength, Elongation $ 321.00 Each Description Unit Rate Unit (add $ 50.00 per test; for Modulus of Elasticity)
Work from 0-4 hours 4-Hour Minimum Billing
Structural Steel Tests Work from 4-8 hours 8-Hour Minimum Billing Description Unit Rate Unit Project Management as Project Engineer/Geologist 1- Hour Minimum weekly Work over 8 hours per day, or on Saturdays Time and One-Half High Strength Bolts/Nuts/Washer Compliance Test ASTM $ 161.00 Each Work over 12 hours per day Double Time Mild Steel Not Over 1" Thick Work on Sundays/Holidays Double Time Tensile Strength, ASTM A370 (test only) $ 161.00 Each Show-Up Time 2-Hour Minimum Billing Anchor Bolts, A 505 $ 225.00 Each Laboratory Testing - Rush Fee Add 50% to Testing Cost Tensile Strength $ 214.00 Each Outside Services/Reimbursables Cost + 20% Bolts Proof Load or Ultimate $ 134.00 Each Shipping Charges Cost + 20% Hardness (Rockwell) $ 54.00 Each Parking/Tolls At Cost
Certified Payroll Compliance $110 per month
Fireproofing Tests Deputy Inspectors (If applicable)
Description Unit Rate Unit Travel Time (Beyond 60-Mile Radius of Project Site) $ 76.00 Hour Per-diem, Including Lodging (Beyond 100-Mile Radius) Quote Upon Request Fireproofing Adhesion / Cohesion Test Kit ASTM E736 $ 54.00 Each Fireproofing Density Test ASTM E605 $ 48.00 Each
Quote Upon Request
55728.00300\33359615.1
2 EXHIBIT “D”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Consultant shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

1.1.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.

1.1.2.2 Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto", or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined single limit for each accident. [***NOTE:

If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident" and shall include a business use endorsement; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees

1.1.2.3 Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.2.3 Professional Liability (Errors & Omissions): Professional Liability (or Errors & Omissions) insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the 55728.00300\33359615.1
3 initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

Commercial General Liability.
(A) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(B) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

Automobile Liability.
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

Professional Liability (Errors & Omissions).
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

Workers’ Compensation and Employers Liability.
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: Required insurance policies shall be endorsed to include a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, 55728.00300\33359615.1
4 deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers and shall require similar written express waivers and insurance clauses from each of its subconsultants.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

1.1.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other 55728.00300\33359615.1
5 requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Subcontractor and Subconsultant Insurance Requirements. Consultant shall not allow any of its architects, engineers, experts or other consultants/subconsultants to commence work on any subcontract relating to this Agreement until Consultant has received satisfactory evidence of such subcontractor’s or subconsultant’s compliance with the insurance required under this Section. The Consultant shall provide satisfactory evidence of compliance with this Section upon request of the City. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular architects, engineers, experts or other consultants. Unless otherwise approved by the City, the architects, engineers, experts and other consultants shall comply with each and every provision of this Section. All policies of Commercial General Liability insurance provided by Consultant’s subcontractors or subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents, and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage.