CC SR 20181218 02 - Ladera Linda Park Architectural & Engineering Design ServicesRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/18/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve the professional services agreement for
Ladera Linda Park Architectural & Engineering Design Services.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to execute a professional services agreement with Johnson
Favaro for Ladera Linda Park Architectural & Engineering Design Services for a
total of $528,460.
FISCAL IMPACT: Sufficient funds are currently budgeted.
Amount Budgeted: $616,509
Additional Appropriation: $0
Account Number(s): 334-400-8405-8004: $300,000
334-400-8405-8402: $316,509
ORIGINATED BY: Matt Waters, Senior Administrative Analyst
REVIEWED BY: Cory Linder, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. City Contract Services Agreement with Johnson Favaro (page A-1)
B. Johnson Favaro Proposal (page B-1)
C. Ladera Linda Community Park Request for Proposals (page C-1)
D. October, 24 2018, Johnson Favaro Original and Revised Proposal
Differences (page D-1)
BACKGROUND AND DISCUSSION:
At its March 20, 2018 meeting, the City Council reviewed and approved a conceptual
Master Plan design for Ladera Linda Park following almost two years of community
outreach and design work. The design was prepared by Richard Fisher Associates.
The City Council directed Staff to “proceed with developing one Request for Proposals
(RFP) with two phases: Phase 1-Final Concepts Drawings and Phase 2-Detailed
Construction Drawings, if the City chooses to move forward with the concept that the
City has approved.” The first phase will consist of the selected firm refining and
developing the existing approved conceptual plan to a final schematic design which
would be presented to the City Council for review and approval. This phase will also
involve extensive public outreach to residents living near the park as well as a public
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workshop. It is important to note that the master plan and conceptual work that has
been done to this point is not “cast in concrete” and can be modified with input from the
community, Staff, and the City Council. Ultimate approval, of course, will be by the City
Council. The second phase will consist of the development of construction-ready
documents that incorporate City Council revisions and directions. The City Council also
directed Staff to proceed with a traffic study, and to involve representatives from
Seaview, Ladera Linda, Mediterranea, and Seacliff Hills homeowners’ associations
(HOAs) as part of the selection process due to their proximity to the Ladera Linda site.
Staff prepared a draft RFP which was reviewed and approved by the City Attorney and
the City Council RFP ad hoc Subcommittee, which consisted of Councilmembers Ken
Dyda and John Cruikshank.
The RFP (Attachment C) was released on July 31, 2018, and a pre-submittal
conference was held on August 14, 2018. The RFP was sent to 36 companies, eight of
which submitted proposals by the August 28, 2018, deadline. Proposals were received
from BOA Government Services, Community Works Design Group, Hirsch &
Associates, Johnson Favaro, Richard Fisher Associates, Torti Gallas + Partners, Withee
Malcolm Architects, LLP, and WLC Architects.
Public Works and Recreation and Parks Staff reviewed the eight proposals and selected
five companies to move forward to the interview/presentation phase. The selected firms
were Hirsch & Associates, Johnson Favaro, Richard Fisher Associates, Torti Gallas +
Partners, and Withee Malcolm Architects. Each company made a presentation and
answered panel questions on September 11 and 12, 2018. The panel consisted of
Recreation and Parks and Public Works staff members along with HOA representatives
Bill James (Seacliff Hills), Mickey Rodich (Ladera Linda) and Jim Hevener
(Mediterranea). Seaview’s representative was unable to participate. Johnson Favaro
was the highest-rated candidate, receiving the top score from five of the seven panelists
and the second-highest score from the other two panelists.
Ladera Linda Community Park Project: Interview Panel
Results 9/11/18 and 9/12/18
Company Dragoo Linder Waters Dill Rodich Hevener James Total
TORTI GALLAS 48 43 45 52 31 38 45 302
RICHARD FISHER 56 48 53 57 39 46 54 353
WITHEE MALCOLM 49 47 48 52 42 45 51 334
HIRSCH & ASSOC. 57 49 56 58 44 51 52 367
JOHNSON FAVARO 58 50 55 54 45 59 54 375
Johnson Favaro’s initial August 28, 2018, proposal totaled $729,000. Following
negotiations with Public Works and Recreation and Parks staff members, the total was
revised to $528,460 (Attachment B). A detailed summary of the changes is provided in
Attachment D. Johnson Favaro will commence work on this project following the date of
award. Extensive public outreach, including two public meetings, is part of the proposal.
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Phase 1 (final schematic design) is anticipated to last approximately 3-4 months, and
Phase 2 (construction documents), pending input and approval from the City Council, is
anticipated to last 5-6 months.
ALTERNATIVE S:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not approve the agreement with Johnson Favaro.
2. Take other action as deemed appropriate by the City Council.
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01203.0006/523512.2 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
JOHNSON FAVARO
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01203.0006/523512.2
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
JOHNSON FAVARO
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into this 18 day of December, 2018 by and between the City of Rancho Palos Verdes, a
California municipal corporation (“City”) and Johnson Favaro, a California corporation
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes’ Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or
“work” hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
purposes of this Agreement, the phrase “highest professional standards” shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
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day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
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Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Five Hundred Thirty Eight Thousand Four Hundred Sixty
Dollars ($538,460) (the “Contract Sum”), unless additional compensation is approved pursuant
to Section 1.9.
2.2 Method of Compensation.
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The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City’s Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be
detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
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3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). [The City may, in its sole discretion, extend the Term for one additional one-year terms.]
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Jim Favaro Principal
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Elias Sassoon, Director of Public Works, and Ron Dragoo,
Principal/City Engineer, or such person as may be designated by the City Manager. It shall be the
Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the services and the Consultant shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
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time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
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Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees 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 City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City’s sole risk
and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of
the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of zero ($0) as liquidated damages for each working day of delay in the performance of any
service required hereunder. The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days ’ written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
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No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
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Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of
the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
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any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
JOHNSON FAVARO
By:
Name:
Title:
By:
Name:
Title:
Address:
5898 Blackwelder Street
Culver City, CA 90232
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0006/523512.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0006/523512.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0006/523512.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform engineering design services for the Ladera Linda Community
Park Project (the Services). The project’s scope is divided into two phases: PHASE 1:
The first phase consists of refining and developing the existing approved conceptual
Master Plan to a 30% completion level. This phase will be presented to the City Council
for review and approval. PHASE 2: The second phase consists of the development of a
fully-completed construction design and construction-ready documents for this project.
Consultant will coordinate work with the subconsultants to ensure that is completed in a
timely and professional manner, and shall be solely responsible for the work of
subconsultants.
PHASE 1
A. PRE-DESIGN. The work shall be performed by Consultant.
1. In cooperation with the City the Consultant shall produce existing
conditions documentation based on City provided site survey, geotechnical
investigative report, and other documents and date as required by the City’s
Contract Officer.
2. Consultant shall create documentation of the Ladera Linda Park Master
Plan dated March 20, 2018 (Master Plan) suitable for a basis of design, and
presentation(s) to the City, community stakeholders and other as required by
the City’s Contract Officer.
3. Consultant shall engage in a community outreach effort (including (3)
meetings with neighboring HOAs and others as required by the City’s
Contract Officer) to confirm those features of the park master plan to remain
and those which are to be revised.
4. Consultant shall produce models and drawings suitable for incorporation
into subsequent design and document sets, as well as presentation of same to
City and community groups.
B. SCHEMATIC DESIGN. The work shall be performed by Consultant, in
conjunction with subconsultants MGAC, KPFF, Englekirk Institutional,
NOVUS, KSA, and Technical Resources Consultants.
1. In cooperation with the City, the Consultant shall prepare documents
illustrating the scale and relationship of project components (Schematic
Design Documents) of the Project. The documents shall include, but not be
limited to a site plan, enlarged site plans, floor plans, elevations, site sections,
site elevations, outline specifications and other documents necessary and as
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required to illustrate the proposed project scope and concept. The Consultant
shall incorporate into the Schematic Documents the proposed program and
functional requirements as approved by the City, established in the Master
Plan, as well as revisions in the pre-design phase.
2. The Schematic Design documents shall include preliminary selections of
major building systems, and construction materials shall be noted on the
drawings or described in writing.
3. Consultant shall meet with the City’s Contract Officer at intervals as
necessary to develop the design and review progress drawings and other
documents which depict schematic status of the Project design.
4. Community/stakeholder workshops as required by the City’s Contract
Officer are proposed during this phase in order to update Project design
progress and solicit comment.
5. Consultant shall target LEED Certified Equivalent per the U.S. Green
Building Council (USGBC) rating system and provide LEED checklists and
reports indicating probable design credits for the Project and assignment of
subconsultant responsibility for ensuring each measure is properly applied to
the Project design.
6. Consultant shall coordinate as required with City’s staff in order to
confirm compliance with City standards and to develop furniture and
equipment plans for the Project design that are consistent with City
requirements and standards.
7. Consultant shall prepare a preliminary site development package to
include civil plans illustrating demolition; grading and paving; hydrology
calculations and drainage (to include potential detention basins and/or bio-
swales) and all utility services.
8. Consultant has the sole responsibility for preparing documentation of the
preliminary design for review and comment by all appropriate agencies and
utility providers, including but not limited to the City of Rancho Palos Verdes,
and others as required. Consultant is not responsible for the actions, non-
actions, change of action by these agencies and utility providers after all
efforts are made by Consultant to solicit review and to incorporate all review
comments. All work associated with change-of-action based on previous
direction by the agencies identified will be considered Additional Services.
9. Consultant shall prepare an Estimated Project Construction Cost Estimate
in a format acceptable to the City at 100% completion of Schematic Design,
the purpose of which is to show the probable construction cost in relation to
the City’s Construction Budget. If the Consultant perceives site considerations
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or City project requirements which render the project cost prohibitive, the
Consultant shall disclose such conditions in writing to the City immediately.
10. Consultant shall make presentations of the Schematic Design documents
and 100% Schematic Design Cost Estimates to the City of Rancho Palos
Verdes staff, City Council, Commissions and others as required in order to
update design progress, solicit comment, and obtain approval for the
Schematic Design project scope and budget.
11. Consultant shall make presentations of the 100% Schematic Design Cost
Estimates to the City. The City shall prepare at City’s discretion and at its own
expense the independent third party estimates of probable construction costs.
All cost estimates will be reconciled with an City/ Project Management Cost
Estimate developed by an independent third party cost estimator. The
Consultant shall attend one (1) cost reconciliation meeting with the third-party
cost estimator for the purpose of reconciling the 100% Schematic Design
Estimated Project Construction Costs.
12. City’s Contract Officer and Consultant shall meet to review the
provisional Schematic Design Documents and Cost Estimates in order to
reach agreement on any City-authorized adjustment to the approved Project
schedule or construction budget and identify any necessary clarifications of the
provisional Schematic Design Documents.
13. Consultant shall make all City-requested changes, additions, deletions, and
corrections in the Schematic Design Documents which may result from the
City’s or any constructability review, at no additional cost to the City, so long
as they are not in conflict with the requirements of the public agencies having
jurisdiction or prior approval, or inconsistent with earlier City direction or
Consultant’s professional judgment. If such changes are inconsistent with
prior City direction, Consultant shall make such alterations and be
compensated therefore pursuant to the Additional Services provision of this
Agreement.
14. Unless City agrees otherwise in writing, the Consultant shall revise
respective provisional Schematic Design documents and Cost Estimates to
reflect adjustments and clarifications agreed upon in the review meeting and
resubmit Schematic Design documents and Cost Estimates to City. Once
approved, the revised Schematic Design documents shall become the final
Schematic Design Documents.
15. If the City’s Contract Officer has not authorized in writing a revision to the
project scope and the Estimated Project Construction Cost based on Schematic
Design documents exceeds the City’s Construction Budget by more than ten
percent (10%), the City may request the Consultant to amend, at the
Consultant’s sole cost and expense, the Schematic Design Documents in order
to meet the City’s Construction Budget.
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PHASE 2
C. DESIGN DEVELOPMENT. The work shall be performed by the Consultant,
in conjunction with subconsultants MGAC, KPFF, Englekirk Institutional,
NOVUS, Darkhorse Lighworks, KSA, and Technical Resources Consultants.
1. Upon written approval by the City’s Contract Officer of the Schematic
Design documents and the 100% Schematic Design Estimated Project
Construction Cost, the Consultant shall prepare Design Development
documents consisting of, but not limited to, site plans, enlarged site plans,
building floor plans, enlarged floor plans, site sections, building sections,
building elevations, typical construction details, finish schedules indicating
finish selection, interior elevations, outline specifications and other drawings
and documents sufficient to fix and describe the scope, relationship, size,
appearance and character of the project components.
2. Design Development documents shall include Mechanical, Electrical, and
Plumbing system designs and equipment layouts including single line
diagrams and an energy analysis report.
3. Consultant shall provide interior and exterior lighting design services to
include lighting design plans and schedules and photometric calculations as
required for permit and to confirm minimum or maximum light levels for site
development and building areas, including parking lots, path of travel and
emergency egress.
4. Consultant shall update the LEED checklists and report identifying
probable design credits for the Project and prepare as needed concept
cost/benefit analysis of individual design elements for review and
consideration by the City.
5. Consultant shall finalize storm water and design drainage plans and
incorporate site features in conformance with the guidelines of the Governing
Agency and as required to comply with City regulations.
6. Consultant shall take the lead role in applying for and obtaining required
approvals from all federal, state, regional or local agencies concerned with the
Project.
7. Consultant shall 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 identify all non-compliant
construction within the Project scope area and complete plans and
specifications for site and building improvements within the Project scope
area as required to correct or remove non-compliant construction as required
for permit, including, but not limited to path of travel, curb ramps and
accessible parking.
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8. Consultant shall meet with the City at intervals as necessary to develop the
design and to review progress drawings and other documents that depict the
Design Development status of the Project.
9. Consultant shall establish an updated Estimated Project Construction
Costs at 100% completion of Design Development documents containing
detail consistent with the Design Development documents.
10. Community/stakeholder workshops are proposed as required by the City’s
Contract Officer during this phase in order to update Project design progress
and solicit comment.
11. Consultant shall make presentations of the City of Rancho Palos Verdes
staff, City Council, Commissions, and others as required by the City’s
Contract Officer, to update design progress, solicit comment, and obtain
approval for the Design Development project scope and budget.
12. Design Development documents and 100% Design Development Cost
Estimates to the City. All cost estimates will be reconciled with an
City/Project Management Cost Estimate developed by an independent third
party cost estimator. The City shall prepare at City’s discretion and at its own
expense the independent third party estimates of probable construction costs.
The Consultant shall attend one (1) cost reconciliation meeting with the third-
party cost estimator for the purpose of reconciling the 100% Design
Development Estimated Project Construction Costs.
13. The City and the Consultant shall meet to review the provisional Design
Development Documents and Cost Estimates in order to reach agreement on
any City-authorized adjustment to the approved Project schedule or
construction budget and identify any necessary clarifications of the provisional
Design Development Documents and/or the 100% Design Development Cost
Estimates.
14. Consultant shall make all City-requested changes, additions, deletions, and
corrections in the Design Development documents which may result from any
constructability review, at no additional cost to the City, so long as they are
not in conflict with the requirements of the public agencies having jurisdiction
or prior approval, or inconsistent with earlier City direction or Consultant’s
professional judgment. If such changes are inconsistent with prior City
direction, Consultant shall make such alterations and be compensated
therefore pursuant to the Additional Services provision of this Agreement.
15. Unless the City agrees otherwise in writing, the Consultant shall revise
provisional Design Development documents and Cost Estimates to reflect
adjustments and clarifications agreed upon in the review meeting and
resubmit. Design Development documents and Cost Estimates to the City.
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Once approved, the revised Design Development documents shall become the
final Design Development Documents.
16. If the City has not authorized in writing a revision to the project scope and
Estimated Project Construction Costs based on Design Development
documents exceeds the City’s Construction Budget by more than ten percent
(10%), the City may request the Consultant to amend, at the Consultant’s sole
cost and expense, the Design Development Documents in order to meet the
City’s Construction Budget.
D. CONSTRUCTION DOCUMENTS. The work shall be performed by
Consultant, in conjunction with subconsultants MGAC, KPFF, Englekirk
Institutional, NOVUS, Darkhorse Lightworks, KSA, and Technical
Resources Consultants.
1. Based on approved Design Development Documents and the approved
updated project Construction Budget, the Consultant shall prepare, for
approval by City, Construction Documents consisting of drawings and other
documents setting forth in detail the requirements for construction of the
Project. The Consultant shall prepare complete drawings and specifications as
are necessary for developing complete bids and for properly executing the
Project work. Drawings and specifications shall set forth in detail all of the
following: 1) the Project construction work to be done; 2) the materials,
workmanship, finishes, and equipment required for the Project; and 3) the
utility service connection equipment and site work.
2. Consultant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) which will include Best Management Practices (BMP’s) that outline
standard practices that can be implemented to decrease the discharge of
pollutants into storm drains during construction operation on the site.
3. Consultant shall submit a written Estimated Project Construction Cost for
the project based on the Construction Document Phase Documents at 90%
completion. Construction Document Phase Documents shall be consistent
with the Project Construction Budget and if not in conformance shall be
revised until approved in writing by the City.
4. All cost estimates will be reconciled with an City/Project Management
Cost Estimate developed by an independent third-party cost estimator. The
City shall prepare at City’s discretion and at its own expense the independent
third-party estimate of probable construction costs. The Consultant shall
attend one (1) cost reconciliation meeting at each Construction Document
milestone with the City’s third-party cost estimator for the purpose of
reconciling the 90% Construction Document Estimated Project Construction
Cost.
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5. The City’s Contract Officer and the Consultant shall meet to review the
provisional 100% Construction Documents and Cost Estimate to reach
agreement on any City-authorized adjustment to the approved Project schedule
or construction budget and identify any necessary clarifications of the
provisional Construction Documents and Cost Estimates.
6. The parties agree that the Consultant, and not the City, possess the
requisite expertise to determine the constructability of the Construction
Documents. However, the City reserves the right to conduct one or more
constructability review processes with the Construction Documents, and to
hire an independent architect or other consultant to perform such reviews. Any
such independent constructability reviews shall be at the City’s expense.
7. Consultant shall make all City-requested changes, additions, deletions, and
corrections in the Construction Documents which may result from any
constructability review, at no additional cost to the City, so long as they are
not in conflict with the requirements of the public agencies having jurisdiction
or prior approval, or inconsistent with earlier City direction or with
Consultant’s professional judgment. If such changes are inconsistent with
prior City direction, Consultant shall make such alterations and be
compensated therefore pursuant to the Additional Services provision of this
Agreement.
8. Unless the City agrees otherwise in writing, the Consultant shall revise
provisional Construction Documents and Cost Estimates to reflect adjustments
and clarifications agreed upon in the review meeting and resubmit
Construction Documents and Cost Estimates to the City. Once approved, the
revised Construction Documents shall become the final 100% Construction
Documents.
9. The Consultant shall provide two (2) sets full size (30” x 42”) and half
size (15” x 21”) hard copies at 50% Construction Documents for City review
and input. Changes directed by City which are inconsistent with prior City
direction shall be made by the Consultant and compensated as Additional
Services. The scope of and compensation for such changes shall be mutually
agreed upon by the Consultant and City before such changes are initiated.
10. Revise the 50% Construction Documents and submit another two (2) set of
documents at 90% Construction Documents for City review and input.
Changes directed by City which are inconsistent with prior City direction shall
be made by the Consultant and compensated as Additional Services. The
scope of and compensation for such changes shall be mutually agreed upon by
the Consultant and City before such changes are initiated.
11. Consultant shall submit two (2) sets of 90% Construction Documents for
submittal to the Building and Safety Department for review and approval.
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12. Complete corrections on the 100% Construction Documents as required by
the various City departments to obtain final approval of the Construction
Documents for bidding purposes.
13. Provide a final Cost Estimate and Project Schedule to confirm the project
is on target.
14. Submit two (2) sets of approved 100% Construction Documents and
Specifications for City’s records and electronic copies on a CD along with a
flash drive.
E. PERMIT. The work shall be performed by the Consultant, in conjunction
with subconsultants KPFF, Englekirk Institutional, NOVUS, and KSA.
1. The Construction Documents and Specifications must be in such form as
will enable the Consultant and City to secure the required permits and
approvals for all federal, state, regional or local agencies concerned with the
Project.
F. BIDDING. The work shall be performed by Consultant, in conjunction with
subconsultants KPFF, Englekirk Institutional, NOVUS, and KSA.
1. Assist in the submittal of the Bid Drawings (100% Construction
Documents) and Specifications to the City’s Project Manager.
2. Respond to all Requests for Information (RFIs) working with the City’s
Project Manager.
3. Assist the City’s Project Manager in reviewing and evaluating the bids and
related documents for contract award to the lowest responsive and responsible
bidder.
II. Exclusions.
See Exhibit “A-1”
III. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
1. Models and drawings
2. Schematic Design Documents
3. Preliminary site development package
4. Estimated Project Construction Cost Estimates
5. Presentation files
6. Design Development documents
7. Storm Water Pollution Prevention Plan (SWPPP)
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8. Construction Documents
IV. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
NOT APPLICABLE
V. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Favaro, Steve Johnson, Brian Davis and Kathy Williams
B. KSA: Katherine Spitz, Jake Patton
C. KPFF: Tom Gsell
D. MGAC: Rick Lloyd
E. Englekirk Institutional:, Tom Sabol and Diana Nishi
F. NOVUS: Michael Leung
G. Darkhorse Lightworks: TRC Dawn Hollingsworth
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EXHIBIT “A-1”
EXCLUSIONS
The following services are expressly not included in this Scope of Work, and shall be
charged as Additional Services pursuant to Section 1.8 if requested by City.
A. General
1. Land Survey
2. Geotechnical Investigative Report
3. Phase 1 or Phase 2 Environmental Review
4. Tree Survey or Arborist Services
5. Materials Testing
6. Hazardous materials abatement scope related to survey of existing conditions,
drawings, reports, documents and or specifications.
7. Methane extraction systems
8. Off-site public improvements, not described in this Proposal including adjoining
street widening.
9. Physical presentation models
10. Partnering Workshops
11. Additional cost estimates or revisions to completed cost estimates
B. Civil Engineering
1. Preparation of schematic opinion of probable construction costs.
2. Preparation of preliminary below-slab de-watering plan
3. Preparation of design development opinion of probable construction costs.
4. Assist in the filing of permits for the permanent or temporary discharge of
groundwater.
5. Special studies.
6. Land surveys.
7. Design of site retaining walls.
8. Services relative to future facilities, systems, and equipment.
9. Service to investigate existing conditions or facilities, or to make measured
drawings thereof.
10. Coordination of construction performed by separate contractors or by owner's
forces.
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11. Services regarding work of a construction manage or separate consultants retained
by owner.
12. Detailed estimates of construction cost.
13. Record drawings.
14. Services of sub-consultants.
15. Storm water facilities.
16. Road widening.
17. Bicycle paths.
18. Traffic signals.
19. Street dedications.
20. Street lighting.
21. Striping plans.
22. Sewer improvements.
23. Water improvements.
24. Traffic studies.
25. Franchise Utility Coordination, includes natural gas lines, power and
communications conduits, etc.
26. Assist the owner in coordinating the abandonment and/or relocation of existing
franchise utilities.
27. Underground mechanical systems coordination, includes coordination of chilled
water lines, steam lines, distilled water, etc. Note that coordination includes
horizontal alignment only. Detailed design of these items is to be accomplished by
others.
28. Design of sewer seepage pits, septic tanks, or leech fields.
29. Design of water wells.
30. Preparation of excavation documents/rough grading plans.
31. Preparation of studies of alternative site plans.
32. Flood, plain, wetland, or environmental work.
33. Design of lift stations for sanitary sewer or storm drainage systems.
34. Design of booster pumps for inadequate water pressure.
35. Intensive research and testing to determine conditions of existing site utilities (e.g.
potholing, smoke testing, dye testing, pressure testing, and video testing.
36. Assist the general contractor with the design and permits associates with
construction site dewatering.
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37. Design and documentation relative to special storm water detention and treatment
systems required to obtain LEED credits.
38. Landscape Architecture
39. Hardscape design
40. Landscape design for adjacent hillside areas
41. Playground or sports courts equipment
42. Community Outreach
43. Lighting Design
44. Record Drawings/ As-Builts
45. LEED calculations and documentation
C. Structural Engineering
1. Structural engineering services outside of community center building except
foundation design and detailing of playground equipment
D. MEP Engineering
1. Design change requests and LEED strategy reassessment requested after
completion of 100% Schematic Design that require significant redesign and/or
redrawing.
2. Significant changes to building or MEP systems requiring reassessment of
systems proposed will require additional services to assess.
3. MEP demolition drawings or documentation of any existing as-built conditions
4. Work on buildings and site other than those described under 'Project Description"
above
5. Design of systems outside of five feet from building or buildings described under
'Project Description" above, except for site related work as included in Services
descriptions.
6. LEED and Title 24-2016 Required Commissioning and 3rd Party Peer Reviews
7. Construction management or bidding coordination
8. Kitchen design or specification of any kitchen equipment
9. Construction cost estimates will be by construction cost estimator. We will review
cost estimator's pricing, participate in reconciliation and provide feedback.
10. Acoustical calculations for systems are not included. We will include
modifications to our systems per your acoustical consultants' recommendations
within our base fee.
11. Smoke modeling and any work on atriums
12. Routing of utilities (gas, water, sanitary, electrical, etc.) outside of five feet from
the building
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13. Design of building footing drainage and/or sub-slab groundwater drainage will be
performed by others.
14. Trenching and backfilling details or specifications related to underground piping
and/or tanks
15. Cogeneration systems
16. Audio Visual systems, Cabling for telephone or CATV, Fire Alarm and Security
system design
17. Layout of fire sprinkler heads and routing of fire sprinkler piping in the building
18. Fire alarm system design
19. Design or testing of fire protection systems
20. Fuel oil under/above ground storage tanks, pumping, piping, and leak detection
systems.
21. Storm water detention/reclamation system design.
22. Solar thermal water heating system design.
23. Medical gas system and piping distribution design including air, vacuum, oxygen
and nitrogen.
24. Full Design of Solar Photovoltaic systems.
25. Energy storage power systems
26. Structural calculations for the seismic restraint of mechanical, electrical and
plumbing equipment are not included
27. Waterproofing details/requirements for building components by others
28. Cost reduction requiring redesign after approved systems have been designed
including but not limited to change order issues or ASI's. Issue of ASIs, change
orders, plan revisions, etc. generated by others will require additional fees to be
submitted for prior approval before completing these services.
29. Review of change order costs initiated by others will be billed hourly, on prior
approval.
30. Determination/interpretation of egress lighting paths with local officials.
31. Distributed antenna system.
32. Kitchen exhaust and make-up air systems design.
33. Smoke control system or stair/elevator shaft pressurization system design.
34. Any Plug Load Monitoring or Submissions
35. Lighting design for areas not specifically listed under Lighting scope
36. Theatrical Lighting
37. Design of Landscape and Exterior Lighting
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38. Mock-ups
39. Cost estimating
40. Multiple-name specifications
41. Control system specifications
42. Custom fixture design
43. Supervision of contractors
44. Aiming of installed light fixtures
45. Life Cycle Cost Analysis
46. Record drawings of completed project
47. Cost reduction requiring redesign
48. Determination/interpretation of egress lighting paths with local officials
49. Location of Exit Signs
50. Preparation and documentation of any LEED or similar credit programs
51. Power to street lighting at city sidewalks and right of ways.
52. Low Voltage Conduit design, routing and coordination.
53. Design-Bid-Build Early Foundation Package.
54. Filing of applications for building or other permits, payment of any fees
associated with permits or associated applications.
55. Preparation of cost estimates.
56. Overall project BIM management.
57. Participations in development of BIM execution plans.
58. Design of an emergency or standby back up power system via a diesel generator.
59. Responses to additional rounds of comments from owners. One round of
comments has been included in the scope of work.
60. Design for grease interceptor and plumbing for a commercial kitchen.
E. Lighting
1. Revit model production. Darkhorse will utilize the Revit model to extract current
backgrounds, sections and details, but will not produce a linked model. It is the
architect or engineer's responsibility to populate the model with lighting families.
Darkhorse will assist to obtain available manufacturers families for luminaires
specified.
2. Additional site visits shall be billed at the day rates as noted in the fee schedule.
Day rates are described as one (1) man-day of 8 hours.
3. Production time for additional drawing submissions not included in the scope of
services.
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4. Bidding and Negotiation.
5. As-built drawings, Record drawings and Close-out documentation.
6. Decorative lighting (FF&E) is to be provided by architect. Darkhorse shall assist
with sources and dimming and at times might suggest fixtures but the
responsibility is that of the interior designers. Should it be requested that
Darkhorse source decorative light fixtures, a separate fee should be assessed based
on the scope of the request.
7. Programming of the lighting controls system. This work shall be completed by the
manufacturer's authorized personnel.
8. Commissioning of lighting and controls systems. This work shall be performed by
a certified commissioning agent.
9. Emergency lighting, life safety. As directed, Darkhorse shall incorporate
architectural lighting fixtures capable of emergency lighting to support and assist
in efforts through zoning but it is the Electrical Engineer's responsibility to circuit
the emergency lighting, verify that it meets code and specify visible emergency
lighting, concealed EM lights, BOH, Staircase and other lighting not in
Darkhorse's scope.
10. Energy code calculations, LEED submittals, lighting power density and other
permit documents are supplied by consulting engineers. Darkhorse shall provide a
fixture schedule and zone schedule with wattage information for areas within
scope but does not have the authority to submit to agencies and municipalities.
11. LEED Compliance, WELL Building, Savings by Design or other third-party
building program documentation unless specifically included. Related services are
considered additional services upon request.
12. Living Building Challenge documentation and specifications unless specifically
included. Compliance is the responsibility of manufacturers. If notified at the
beginning the project will seek LBC status, Darkhorse will make every effort to
specify products in compliance but does not warrant products specified comply
with the LBC Red List. Coordination and all related efforts are considered
additional services.
13. Landmarks approval documentation.
14. Lighting renderings are an additional service. Fees shall be based on the extent of
the request.
15. Mock-ups shall be billed at the hourly rate. Any expenses associated with the
construction of materials for the mock up shall be paid upon receipt of invoice.
16. Additional photometric calculations shall be billed as additional services at the
hourly rates set forth herein.
17. Review and testing of fixture and/or control system substitutions proposed by
others.
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01203.0006/523512.2 A1-16
18. Should the client request custom light fixtures; the design shall be billed at
$4,500.00 USD per fixture design. All copyrights remain the property of
Darkhorse. A custom lighting fixture is defined as an entirely new design and
would require design approvals, prototypes and coordination of fabrication.
Darkhorse does not charge additional fees for assisting with modifications or
coordinating custom fixture as provided by other designers.
19. Should the overall design phase extend past twenty (20) months Darkhorse
reserves the right to renegotiate fees and ask for additional compensation due to
additional hours needed.
20. The specification and design of lighting control and dimming system, unless
specifically included above.
21. Value engineering past 100% Design Development phases.
22. Written specifications beyond the information provided in our fixture schedule.
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01203.0006/523512.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, and deleted text is indicated in
strikethrough.
I. Section 4.5, Prohibition Against Subcontracting or Assignment, is amended to read:
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. The following
subconsultants are deemed approved: KPFF Consulting Engineers; KSA Design Studios;
Englekirk Institutional; NOVUS Design Studio; Darkhorse Lightworks, LLC; MGAC; and
Technical Resources Consultants. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more than twenty five percent (25%) of the present ownership and/or control
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
II. Section 7.7, Liquidated Damages, is deleted in its entirety.
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01203.0006/523512.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant and subconsultants shall perform the following tasks at the following
rates:
Discipline/Firm Predesign Schematic
design
Design
Development
Construction
Documents
Permit Bid Sub-
Budget
Architecture/
Johnson Favaro
$45,000 $45,000 $60,000 $125,000 $5,000 $3,500 $283,500
Cost Planning/
MGAC
$0 $3,000 $6,000 $4,500 $0 $0 $13,500
Civil Engineering/
KPFF
$0 $19,360 $20,240 $35,200 $10,200 $3,000 $88,000
Structural Engineering/
Englekirk
$0 $2,750 $6,300 $24,000 $500 $500 $34,050
MEP, FLS/ Novus $0 $10,000 $13,000 $22,500 $3,000 $1,500 $50,000
Lighting/
Darkhorse Lighting
$0 $0 $4,500 $7,500 $0 $0 $12,000
Landscape
Architecture/ KSA
$0 $10,520 $9,800 $18,000 $590 $500 $39,410
Specifications/TRC $0 $0 $5,000 $2,000 $1,000 $0 $8,000
Reimbursable
Expenses*
$10,000
TOTALS $45,000 $90,630 $124,840 $238,700 $20,290 $9,000 $538,460
*Reimbursable expenses shall include reasonable out of pocket expenses that are incurred and
paid by Consultant and subconsultants in furtherance of this Agreement. Reimbursable
expenses shall include:
-- Printing and reproduction costs
-- Project-related mileage
-- Shipping, overnight mail, postage, messenger and other handling of drawings
and documents
-- Presentation models
-- Fees paid to third parties for securing approval of authorities having jurisdiction
over the Project
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01203.0006/523512.2 C-2
Additional consultants not included in this Agreement, subject to the City’s
Contract Officer’s prior written approval.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The billing rates for Consultant’s and subconsultants’ personnel are attached as
Exhibit C-1.
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01203.0006/523512.2 C-3
EXHIBIT “C-1”
CONSULTANT TEAM HOURLY RATES
Johnson Favaro - Architect
Partners $220
Senior Associate $180
Senior Staff 3 $120
KSA Design - Landscape Architect
Principal $235
Project Manager/Project Designer $135
Draftsperson $90
MGAC - Cost Consultant
Senior Cost Manager $200
Cost Manager $175
Assistant Cost Manager $100
KPFF - Civil Engineers
Principal $225
Project Manager $180
Project Engineer $150
Englekirk Institutional - Structural Engineers
Principal $275
Project Director $195
Associate $175
Novus - MEP
Senior Engineer $135
BIM Designer $115
Darkhorse Lightworks - Lighting
Principal $190
Senior Designer $175
Designer $150
Technical Resources Consultants - Specifications
Principal $165
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01203.0006/523512.2 D-1
EXHIBIT “D” SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following
schedule.
Phase Duration
(Calendar Days) Start
Finish
A. Pre-Design 45 11.01.18 12.15.18
RPV Review and NTP 15 12.15.18 01.01.18
B. Schematic Design 45 01.01.18 2.15.19
RPV Review and NTP 15 2.15.19 3.01.19
C. Design Development 45 3.01.19 4.15.18
RPV Review and NTP 15 4.15.18 5.01.19
D. Construction Documents 90 5.01.19 08.01.19
RPV Review and NTP 15 08.01.19 08.15.19
E. Permit 45 08.15.19 10.01.19
F. Bid 15 10.01.19 10.15.19
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
Per Section I, above.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
A-45
Oct 12, 2018
Cory Linder
Director, Department of Recreation and Parks, City of Rancho Palos Verdes
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
310-544-5259; coryl@rpvca.gov
PROJECT: LADERA LINDA COMMUNITY CENTER AND PARK
Mr. Linder,
The following describes the scope of work of the Project and services to be provided
by Johnson Favaro (Consultant) to the City of Rancho Palos Verdes (Owner), fees in
compensation for the provision of such services and the schedule according to which
the services will be completed.
PROJECT SCOPE
The site of the project is at 32201 Forrestal Drive, Rancho Palos Verdes, CA 90275. It
is a former elementary school site now being used as a community center and
community park. The city has previously completed a master plan for the park dated
March 20, 2018 which we will in a pre-design effort revise as necessary to meet the
requirements of the city, community and neighbors.
Construction cost is estimated at this time to be $9M including $4.5 M for the 9,000
SF single story community center and $4.5M for 3 ½ acres of new programmed and
un-programmed park spaces within the 7-acre site in accordance with the master plan
dated March 20, 2018.
Site
Approximately 7-acre site of which 3.5 acres will developed for a new park,
the remainder restored to “natural” conditions
The existing site was previously an elementary school that is now occupied
by their existing community center. All of it will be removed to make way for
the new community center and park
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The existing site sits on a hillside and consists of three level areas with two
sloped areas between. The north side of the property slopes up, the south
side down
The existing site drainage system (put in place when the elementary school
was originally built in the 1960s) will remain in place to the extent possible.
The Owner has confirmed that the area of the park that will not be changed,
improved or addressed is the adjoining downslope hillside areas to the south
of the park proper, adjoining the residential properties
The new park will consist of 1 ½ basketball courts, two paddle tennis courts,
children’s playground, garden, lawn area, and 28 space parking lot.
The Owner will provide a land survey and geotechnical investigative report
(including hydrology and infiltration). A & E services will commence upon
receipt of these documents.
Community Center
Single story 9,000 GSF
Program components include:
1. Lobby (size TBD)
2. 1800 SF multi-purpose meeting room divisible into two
3. 300 SF warming kitchen
4. Two 250 SF storage rooms
5. Staff offices 600 SF
6. Two classrooms at 800 SF each
7. “Discovery Room”- 1,000 SF, exhibition and archive display space
8. Work room 270 SF
9. Storage 120 SF
10. Mechanical and IT rooms, 120 SF each
11. Two sets of restrooms, one for community center, one for park.
The Consultant shall target LEED Certified Equivalent per the U.S. Green Building
Council (USGBC) rating system. The Consultant shall coordinate with the Owner to
evaluate and incorporate cost effective elements that will result in this rating.
The proposed construction delivery method is to be Design/Bid/Build.
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BASIC DESIGN SERVICES
The Consultant as Architect-of-Record will manage and coordinate all design and
document preparation tasks through the phases identified below. The Consultant shall
provide the services of external sub-consultants or professional expertise from its own
staff in the following disciplines:
Structural Engineering
Mechanical, Electrical & Plumbing Engineering
Civil Engineering
Landscape Architecture
Lighting Design
Specification Writing
Cost Estimating
The following outside consultant disciplines are not included:
F,F & E Specification and Purchasing Coordination
Information/Technology- Data Telecom
Audio-visual Design
Security
Signage/Graphics Design
Sustainable Design/LEED
Acoustical
Code Consultation
It is anticipated at this time that should outside services in these areas of expertise be
required these will be addressed at some time in the future.
PHASES OF DESIGN AND DOCUMENTATION
The following are phases of design and documentation included within this agreement:
Pre-Design
Schematic Design
Design Development
Construction Documents
Permits/Bidding
Services associated with construction administration and post occupancy are excluded from this
agreement.
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PRE-DESIGN
1. In cooperation with the Owner the Consultant shall produce existing conditions
documentation based on Owner provided site survey, geotechnical
investigative report and other as required
2. Consultant shall create documentation of the March 20, 2018 master plan
suitable for a basis of design, and presentation(s) to the Owner, community
stakeholders and other as required
3. Consultant shall engage in a community outreach effort (including (3) meetings
with neighboring HOAs and others as required) to confirm those features of the
park master plan to remain and those which are to be revised.
4. Consultant shall produce models and drawings suitable for incorporation into
subsequent design and document sets as well as presentation to Owner and
community groups.
SCHEMATIC DESIGN
1. In cooperation with the Owner, the Consultant shall prepare documents
illustrating the scale and relationship of project components (Schematic Design
Documents) of the Project. The documents shall include, but not be limited to
a site plan, enlarged site plans, floor plans, elevations, site sections, site
elevations, outline specifications and other documents necessary and as
required to illustrate the proposed project scope and concept. The Consultant
shall incorporate into the Schematic Documents the proposed program and
functional requirements as approved by the Owner, established in the March
20, 2018 master plan as well as revisions in the pre-design phase.
2. The Schematic Design documents shall include preliminary selections of major
building systems and construction materials shall be noted on the drawings or
described in writing.
3. The Consultant shall meet with the Owner at intervals as necessary to develop
the design and review progress drawings and other documents which depict
Schematic status of the Project.
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4. Community/stakeholder workshops as required are proposed during this
phase in order to update Project design progress and solicit comment.
5. The Consultant shall target LEED Certified Equivalent per the U.S. Green
Building Council (USGBC) rating system and provide LEED checklists and
reports indicating probable design credits for the Project and assignment of
Sub-Consultant responsibility for ensuring each measure is properly applied to
the Project.
6. The Consultant shall coordinate as required with Owner’s staff for this Project
in order to confirm compliance with Owner standards and to develop furniture
and equipment plans for the Project that are consistent with Owner
requirements and standards.
7. The Consultant shall prepare a preliminary site development package to
include civil plans illustrating demolition; grading and paving; hydrology
calculations and drainage (to include potential detention basins and/or bio-
swales) and all utility services.
8. The Consultant has the sole responsibility for preparing documentation of the
preliminary design for review and comment by all appropriate agencies and
utility providers, including but not limited to the City of Rancho Palos Verdes,
and others as required. The Consultant is not responsible for the actions, non-
actions, change of action by these agencies and utility providers after all
efforts are made by the Consultant to solicit review and to incorporate all
review comments. All work associated with change-of-action based on
previous direction by the agencies identified will be considered Additional
Services.
9. The Consultant shall prepare an Estimated Project Construction Cost Estimate
in a format acceptable to the Owner at 100% completion of Schematic Design,
the purpose of which is to show the probable construction cost in relation to
the Owner’s Construction Budget. If the Consultant perceives site
considerations or Owner project requirements which render the project cost
prohibitive, the Consultant shall disclose such conditions in writing to the
Owner immediately.
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10. The Consultant shall make presentations of the Schematic Design documents
and 100% Schematic Design Cost Estimates to the City of Rancho Palos
Verdes staff City Council, Commissions and others as required in order to
update design progress, solicit comment, and obtain approval for the
Schematic Design project scope and budget.
11. The Consultant shall make presentations of the 100% Schematic Design Cost
Estimates to the Owner. The Owner shall prepare at Owner’s discretion and at
its own expense the independent third party estimates of probable construction
costs. All cost estimates will be reconciled with an Owner/ Project
Management Cost Estimate developed by an independent third party cost
estimator. The Consultant shall attend one (1) cost reconciliation meeting with
the third-party cost estimator for the purpose of reconciling the 100%
Schematic Design Estimated Project Construction Costs.
12. The Owner and the Consultant shall meet to review the provisional Schematic
Design Documents and Cost Estimates in order to reach agreement on any
Owner-authorized adjustment to the approved Project schedule or construction
budget and identify any necessary clarifications of the provisional Schematic
Design Documents.
13. The Consultant shall make all Owner-requested changes, additions, deletions,
and corrections in the Schematic Design Documents which may result from the
Owner’s or any constructability review, at no additional cost to the Owner, so
long as they are not in conflict with the requirements of the public agencies
having jurisdiction or prior approval, or inconsistent with earlier Owner direction
or Consultant’s professional judgment. If such changes are inconsistent with
prior Owner direction, Consultant shall make such alterations and be
compensated therefore pursuant to the Additional Services provision of this
Agreement.
14. Unless the Owner agrees otherwise in writing, the Consultant shall revise
respective provisional Schematic Design documents and Cost Estimates to
reflect adjustments and clarifications agreed upon in the review meeting and
resubmit Schematic Design documents and Cost Estimates to the Owner.
Once approved, the revised Schematic Design documents shall become the
final Schematic Design Documents.
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15. If the Owner has not authorized in writing a revision to the project scope and
the Estimated Project Construction Cost based on Schematic Design
documents exceeds the Owner’s Construction Budget by more than ten
percent (10%), the Owner may request the Consultant to amend, at the
Consultant’s sole cost and expense, the Schematic Design Documents in order
to meet the Owner’s Construction Budget.
DESIGN DEVELOPMENT
1. Upon written approval by the Owner of the Schematic Design documents and
the 100% Schematic Design Estimated Project Construction Cost, the
Consultant shall prepare Design Development documents consisting of, but not
limited to site plans, enlarged site plans, building floor plans, enlarged floor
plans, site sections, building sections, building elevations, typical construction
details, finish schedules indicating finish selection, interior elevations, outline
specifications and other drawings and documents sufficient to fix and describe
the scope, relationship, size, appearance and character of the project
components.
2. Design Development documents shall include Mechanical, Electrical, and
Plumbing system designs and equipment layouts including single line diagrams
and an energy analysis report.
3. The Consultant shall provide interior and exterior lighting design services to
include lighting design plans and schedules and photometric calculations as
required for permit and to confirm minimum or maximum light levels for site
development and building areas, including parking lots, path of travel and
emergency egress.
4. The Consultant shall update the LEED checklists and report identifying
probable design credits for the Project and prepare as needed concept
cost/benefit analysis of individual design elements for review and consideration
by the Owner.
5. The Consultant shall finalize storm water and design drainage plans and
incorporate site features in conformance with the guidelines of the Governing
Agency and as required to comply with the City of Rancho Palos Verdes
regulations.
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6. The Consultant shall take the lead role in applying for and obtaining required
approvals from all federal, state, regional or local agencies concerned with the
Project.
7. The Consultant shall interpret all applicable federal, state and local laws, rules,
and regulations with respect to access, including those of the Americans with
Disabilities Act (ADA). The Consultant shall identify all non-compliant
construction within the Project scope area and complete plans and
specifications for site and building improvements within the Project scope area
as required to correct or remove non-compliant construction as required for
permit, including, but not limited to path of travel, curb ramps and accessible
parking.
8. The Consultant shall meet with the Owner at intervals as necessary to develop
the design and to review progress drawings and other documents which depict
Design Development status of the Project.
9. The Consultant shall establish an updated Estimated Project Construction
Costs at 100% completion of Design Development documents containing detail
consistent with the Design Development documents.
10. Community/stakeholder workshops are proposed as required during this
phase in order to update Project design progress and solicit comment.
11. The Consultant shall make presentations of the City of Rancho Palos Verdes
staff, City Council, Commissions and others as required to update design
progress, solicit comment, and obtain approval for the Design Development
project scope and budget.
12. Design Development documents and 100% Design Development Cost
Estimates to the Owner. All cost estimates will be reconciled with an
Owner/Project Management Cost Estimate developed by an independent third
party cost estimator. The Owner shall prepare at Owner’s discretion and at its
own expense the independent third party estimates of probable construction
costs. The Consultant shall attend one (1) cost reconciliation meeting with the
third-party cost estimator for the purpose of reconciling the 100% Design
Development Estimated Project Construction Costs.
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13. The Owner and the Consultant shall meet to review the provisional Design
Development Documents and Cost Estimates in order to reach agreement on
any Owner-authorized adjustment to the approved Project schedule or
construction budget and identify any necessary clarifications of the provisional
Design Development Documents and/or the 100% Design Development Cost
Estimates.
14. The Consultant shall make all Owner-requested changes, additions, deletions, and
corrections in the Design Development documents which may result from any
constructability review, at no additional cost to the Owner, so long as they are not in
conflict with the requirements of the public agencies having jurisdiction or prior
approval, or inconsistent with earlier Owner direction or Consultant’s professional
judgment. If such changes are inconsistent with prior Owner direction, Consultant
shall make such alterations and be compensated therefore pursuant to the
Additional Services provision of this Agreement.
15. Unless the Owner agrees otherwise in writing, the Consultant shall revise
provisional Design Development documents and Cost Estimates to reflect
adjustments and clarifications agreed upon in the review meeting and resubmit
Design Development documents and Cost Estimates to the Owner. Once
approved, the revised Design Development documents shall become the final
Design Development Documents.
16. If the Owner has not authorized in writing a revision to the project scope and
Estimated Project Construction Costs based on Design Development
documents exceeds the Owner’s Construction Budget by more than ten
percent (10%), the Owner may request the Consultant to amend, at the
Consultant’s sole cost and expense, the Design Development Documents in
order to meet the Owner’s Construction Budget.
CONSTRUCTION DOCUMENTS
1. Based on approved Design Development Documents, the approved updated
project Construction Budget, the Consultant shall prepare, for approval by Owner,
Construction Documents consisting of drawings and other documents setting forth
in detail the requirements for construction of the Project. The Consultant shall
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prepare complete drawings and specifications as are necessary for developing
complete bids and for properly executing the Project work. Drawings and
specifications shall set forth in detail all of the following: 1) the Project construction
work to be done; 2) the materials, workmanship, finishes, and equipment required
for the Project; and 3) the utility service connection equipment and site work.
2. The Construction Documents and Specifications must be in such form as will
enable the Consultant and Owner to secure the required permits and approvals for
all federal, state, regional or local agencies concerned with the Project.
3. The Consultant shall prepare a Storm Water Pollution Prevention Plan (SWPPP)
which will include Best Management Practices (BMP’s) that outline standard
practices that can be implemented to decrease the discharge of pollutants into
storm drains during construction operation on the site.
4. The Consultant shall submit a written Estimated Project Construction Cost for the
project based on the Construction Document Phase Documents at 90%
completion. Construction Document Phase Documents shall be consistent with the
Project Construction Budget and if not in conformance shall be revised until
approved in writing by the Owner.
5. All cost estimates will be reconciled with an Owner/Project Management Cost
Estimate developed by an independent third-party cost estimator. The Owner shall
prepare at Owner’s discretion and at its own expense the independent third-party
estimate of probable construction costs. The Consultant shall attend one (1) cost
reconciliation meeting at each Construction Document milestone with the Owner’s
third-party cost estimator for the purpose of reconciling the 90% Construction
Document Estimated Project Construction Cost.
6. The Owner and the Consultant shall meet to review the provisional 100%
Construction Documents and Cost Estimate to reach agreement on any Owner-
authorized adjustment to the approved Project schedule or construction budget
and identify any necessary clarifications of the provisional Construction Documents
and Construction Document cost estimate.
7. The parties agree that the Consultant, and not the Owner, possess the requisite
expertise to determine the constructability of the Construction Documents and
Specifications. However, the Owner reserves the right to conduct one or more
constructability review processes with the Construction Documents, and to hire an
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independent architect or other consultant to perform such reviews. Any such
independent constructability reviews shall be at the Owner’s expense.
8. The Consultant shall make all Owner-requested changes, additions, deletions, and
corrections in the Construction Documents which may result from any
constructability review, at no additional cost to the Owner, so long as they are not
in conflict with the requirements of the public agencies having jurisdiction or prior
approval, or inconsistent with earlier Owner directed or Consultant’s professional
judgment. If such changes are inconsistent with prior Owner direction, Consultant
shall make such alterations and be compensated therefore pursuant to the
Additional Services provision of this Agreement.
9. Unless the Owner agrees otherwise in writing, the Consultant shall revise
provisional Construction Documents and Cost Estimates to reflect adjustments and
clarifications agreed upon in the review meeting and resubmit Construction
Documents and Cost Estimates to the Owner. Once approved, the revised
Construction Documents shall become the final 100% Construction Documents.
10. The Consultant shall provide two (2) sets full size (30” x 42”) and half size (15” x
21”) hard copies at 50% CDs for Owner review and input. Changes directed by
Owner which are inconsistent with prior Owner direction shall be made by the
Consultant and compensated as Additional Services. The scope of and
compensation for such changes shall be mutually agreed upon by the Consultant
and Owner before such changes are initiated.
11. Revise the 50% CDs and submit another two (2) set of documents at 90% CDs for
Owner review and input. Changes directed by Owner which are inconsistent with
prior Owner direction shall be made by the Consultant and compensated as
Additional Services. The scope of and compensation for such changes shall be
mutually agreed upon by the Consultant and Owner before such changes are
initiated.
12. Submit two (2) sets of 90% CDs for submittal to the Building and Safety
Department for review and approval.
13. Complete corrections on the 100% CDs as required by the various City
Departments to obtain final approval of the CDs for bidding purposes.
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14. Provide a final construction cost estimate and project schedule to confirm the
project is on target.
15. Submit two (2) sets of approved 100% CDs and Specifications for Owner’s records
and electronic copies on a CD along with a Flash Drive.
BIDDING
1. Assist in the submittal of the Bid Drawings (100% CDs) and Specifications to the
Owner’s Project Manager.
2. Respond to all Requests for Information (RFIs) working with the Owner’s Project
Manager.
3. Assist the Owner’s Project Manager in reviewing and evaluating the bids and related
documents for contract award to the lowest responsive and responsible bidder.
AUTHORIZED ADDITIONAL SERVICES
1. The Consultant shall bill as Additional Services all work that is the result of a
substantial change directed by the Owner, that necessitates going back to, or
repeating a part of or the entirety of any phase already approved and complete.
Preparation of documents, applications, and/or other time spent on obtaining
variances, or easement adjustments shall be billed as Additional Services.
2. Additional Services may be authorized by the Owner. If authorized, such Additional
Services and Reimbursable Expenses associated with the Additional Services will
be compensated at the rates and in the manner set forth in “Basis of
Compensation” below, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties.
3. Additional Services mean 1) any work or Services which is determined by the
Owner 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; 2) revisions in Drawings or
Specifications or other documents when such revisions are caused by conflicts to
previously issued instructions of the Owner; 3) additional Drawing, Specification or
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document preparation and/or administration of work on portions of the Project
separately bid; or 4) any work listed as Additional Services.
GENERAL REQUIREMENTS
1. Project fees for this Project are based on Design/Bid/Build project delivery.
2. The Owner may be requested to supply the Consultant with the necessary
information to determine the proper location of all improvements on and off site,
including existing record drawings in the Owner’s possession. The Consultant will
make a good-faith effort to verify the accuracy of such information by means of a
thorough survey of site conditions.
3. The Owner will provide existing record drawings and provide any supplemental
information to the Consultant which is available. The Consultant shall not be
responsible for the accuracy of the information or existing record drawings, except
to the extent that any inaccuracy should have reasonably been detected by the
Consultant, pursuant to its standard of care and visual observation of existing
conditions.
4. The Consultant and the Consultant’s consultants shall have no responsibility for the
discovery, presence, handling, removal, or disposal of or exposure to hazardous
materials or toxic substances in any form at the Project site.
5. The Owner reserves the right to conduct one or more constructability review
processes with the Drawings and Specifications, and to hire an independent
architect or other consultant to perform such reviews. Any such independent
constructability reviews shall be at the Owner’s expense.
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6. The Consultant shall make all Owner-requested changes, additions, deletions, and
corrections in the Drawings and Specifications which may result from any
constructability review, at no additional cost to the Owner, so long as they are not in
conflict with the requirements of public agencies having jurisdiction or prior
approval, or inconsistent with earlier Owner direction or Consultant’s professional
judgment. If such changes, additions, deletions, or corrections are inconsistent with
prior Owner direction; the Consultant shall make such alterations and be
compensated therefore pursuant to the Additional Services provision of this
Agreement.
7. All plans, specifications, original or reproducible transparencies of working
drawings, preliminary sketches, architectural presentation drawings, structural
computations, estimates and any other Project Documents prepared pursuant to
this Agreement shall be and remain the property of the Owner. Although the official
copyright in all Project Documents shall remain with the Consultant or other
applicable subcontractors or consultant, the Project Documents shall be the
property of the Owner whether or not the work for which they were made is
executed or completed. Within thirty (30) calendar days following completion of the
Project, the Consultant shall provide to the Owner copies of all Project Documents
required by the Owner. In addition, Consultant shall retain copies of all Project
Documents on file for a minimum of seven (7) years following completion of the
Project, and shall make copies available to the Owner upon the payment of
reasonable duplication costs. Before destroying Project Documents following this
retention period, Consultant shall make a reasonable effort to notify the Owner and
provide the Owner with the opportunity to obtain the documents.
8. The Consultant grants to the Owner the right to use and reuse all or part of the
Project Documents, at the Owner’s sole discretion and with no additional
compensation to the 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 Owner for its ownership and use. The Owner
is not bound by this Agreement to employ the services of the Consultant in the
event such documents are used or reused for these purposes. The Owner shall be
able to use or reuse the Project Documents for these purposes without risk of
liability to the Consultant. The use or reuse of the Project Documents for these
purposes shall not be construed or interpreted to waive or limit the Owner’s right to
recover for latent defects or for errors or omissions of the Consultant for the
Project.
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9. Any use or reuse by the Owner of the Project Documents on any project other than
this Project without employing the services of the Consultant shall be at the Owner’s
own risk and liability with respect to third parties. If the Owner uses or reuses the
Project Documents on any project other than this Project, it shall remove the
Consultant’s architect seal from the Project Documents and indemnify and hold
harmless the 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. The Consultant shall not be responsible or liable for any revisions to
the Project Documents made by any party other than the Consultant, a party for
which the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
10. This Agreement creates a non-exclusive and perpetual license for the Owner to
copy, use, modify, or reuse any and all Project Documents and any intellectual
property rights therein. The Consultant shall require any and all subcontractors and
consultants to agree in writing that the Owner is granted a non-exclusive and
perpetual license for the work of such subcontractors or consultants performed
pursuant to this Agreement.
11. The Consultant represents that the Consultant has the legal right to license any and
all copyrights, designs and other intellectual property embodied in the Project
Documents that the Consultant prepares or causes to be prepared pursuant to this
Agreement. The Consultant makes no 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 the
Consultant and provided to the Consultant by the Owner.
12. The Consultant is providing, by agreement with the Owner, materials stored
electronically. The parties recognize that data, plans, specifications, reports,
documents, or other information recorded on or transmitted as electronic media
(including but not necessarily limited to “CAD documents”) are subject to
undetectable alteration, either intentional or unintentional, due to, among other
causes, transmission, conversion, media degradation, software error, or human
alteration. The signed and/or stamped hard copies of the Architect’s Instruments of
Service are the only true contract documents of record.
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OWNER’S OBLIGATIONS
1. The Owner shall provide the Consultant prior to the project start date
confirmation of Project Schedule and Project Budget.
2. All cost estimates will be reconciled with an Owner/Project Management Cost
and/or an independent third party cost estimator, as deemed necessary by the
Owner. The Owner may prepare at its own expense the independent estimates
of probable construction costs. The Consultant shall attend one (1) cost
reconciliation meeting for the purpose of reconciling project cost estimates at
each identified cost estimate milestone.
3. Owner’s responsibilities shall include 1) retaining consultant(s) to conduct
materials testing and inspection or to conduct any other environmental or
hazardous materials testing and inspection pursuant to any other applicable
laws, rules or regulations; 2) pay or reimburse the payment of all fees required
by any reviewing or licensing agency, or other agency having approval
jurisdiction over the Project; and 3) designate a person(s) to act as
representative for the performance of this Agreement (Owner’s
Representative).
4. The Owner’s Representative shall render decisions in a timely manner so as to
avoid unreasonable delay in the orderly and sequential progress of services.
RESPONSIBILITY FOR CONSTRUCTION COST
1. The Consultant shall advise the Owner of any adjustments to the preliminary
estimate of construction cost. Evaluation of the Owner’s project budget,
preliminary and subsequent estimates of construction cost, if any, prepared by
the Consultant, represent the Consultant’s best judgment as a design
professional familiar with the construction industry. It is recognized, however,
that neither the Consultant nor the Owner has control over the cost of labor,
material, or equipment, over the contractor’s methods of determining bid
prices, or over competitive bidding, market or negotiating conditions.
Accordingly, the Consultant cannot and does not warrant or represent that bids
or negotiated prices will not vary from the Owner’s project budget, or from any
estimate of construction cost or evaluation prepared or agreed to by the
Consultant.
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BASIS OF COMPENSATION
Based on the Scope of Work and Services defined above, Johnson Favaro and its
consulting team propose a Professional Services Fee, of: Five-hundred and twenty
thousand, four hundred and sixty dollars ($520,460) with a fixed not-to-exceed
reimbursable cost allowance established at: Ten-thousand dollars ($10,000)
PROFESSIONAL BASIC SERVICES FEES BY DISCIPLINE
Discipline Firm Fee
Architecture Johnson Favaro $283,500
Civil engineering KPFF $88,000
Landscape architecture KSA $39,410
Structural engineering Englekirk & Sabol $34,050
MEP engineering Novus $50,000
Lighting Darkhorse $12,000
Cost MGAC $13,500
Specifications TRC $8,000
Total: $528,460
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PROFESSIONAL BASIC SERVICES FEES BY PHASE
Discipline Fee
Pre-Design $45,000
Schematic Design $90,630
Design Development $124,840
Construction Documents $238,700
Permits $20,290
Bidding $9,000
Total: $528,460
REIMBURSABLE COSTS
The Owner shall reimburse the Consultant a sum for its reasonable out-of-pocket
expenses that are incurred and paid for by the Consultant in furtherance of
performance of its obligations under this agreement. The categories of expenses
include:
Printing and reproduction costs.
Project related mileage.
Shipping, overnight mail, postage, messenger and other handling of
drawings and documents.
Presentation models.
Additional consultants not considered a part this agreement.
Fees paid to third parties for securing approval of authorities having
jurisdiction over the project.
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PROJECT SCHEDULE
Phase Duration
(Calendar Days) Start Finish
Project Start 11.01.18
Pre- Design 45 11.01.18 12.15.18
RPV Review and NTP 15 12.15.18 01.01.18
Schematic Design 45 01.01.19 02.15.19
RPV Review and NTP 15 02.15.19 03.01.19
Design Development 45 03.01.19 04.15.19
RPV Review and NTP 15 04.15.17 05.01.19
Construction Documents 90 05.01.19 08.01.19
RPV Review and NTP 15 08.01.19 08.15.19
Permits 45 08.15.19 10.01.19
Bidding Documents 15 10.01.19 10.15.19
Project Finish 10.15.19
The Consultant shall advise the Owner of any adjustments to the preliminary project
schedule. Evaluation of the project schedule, as well as subsequent estimates of the
project schedule prepared by the Consultant, represent the Consultant’s best judgment
as a design professional familiar with community planning, design, and construction. It
is recognized, however, that the Consultant has no control over the performance of the
Owner, the Owner Project Manager or the City of Rancho Palos Verdes in adhering to
the project schedule. Accordingly, the Consultant cannot and does not warrant or
represent that the project schedule will not vary from that represented herein, nor from
any schedule estimate or evaluation prepared or agreed to by the Consultant.
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EXCLUSIONS
The following services are excluded from this agreement:
General
1. Land Survey
2. Geotechnical Investigative Report
3. Phase 1 or Phase 2 Environmental Review
4. Tree Survey or Arborist Services
5. Materials Testing
6. Hazardous materials abatement scope related to survey of existing conditions,
drawings, reports, documents and or specifications.
7. Methane extraction systems
8. Off-site public improvements, not described in this Proposal including adjoining
street widening.
9. Physical presentation models
10. Partnering Workshops
11. Additional cost estimates or revisions to completed cost estimates
Civil Engineering
1. Preparation of schematic opinion of probable construction costs.
2. Preparation of preliminary below-slab de-watering plan
3. Preparation of design development opinion of probable construction costs.
4. Assist in the filing of permits for the permanent or temporary discharge of
groundwater.
5. Special studies.
6. Land surveys.
7. Design of site retaining walls.
8. Services relative to future facilities, systems, and equipment.
9. Service to investigate existing conditions or facilities, or to make measured
drawings thereof.
10. Coordination of construction performed by separate contractors or by owner’s
forces.
11. Services regarding work of a construction manage or separate consultants
retained by owner.
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12. Detailed estimates of construction cost.
13. Record drawings.
14. Services of sub-consultants.
15. Storm water facilities.
16. Road widening.
17. Bicycle paths.
18. Traffic signals.
19. Street dedications.
20. Street lighting.
21. Striping plans.
22. Sewer improvements.
23. Water improvements.
24. Traffic studies.
25. Franchise Utility Coordination, includes natural gas lines, power and
communications conduits, etc.
26. Assist the owner in coordinating the abandonment and/or relocation of existing
franchise utilities.
27. Underground mechanical systems coordination, includes coordination of chilled
water lines, steam lines, distilled water, etc. Note that coordination includes
horizontal alignment only. Detailed design of these items is to be accomplished
by others.
28. Design of sewer seepage pits, septic tanks, or leech fields.
29. Design of water wells.
30. Preparation of excavation documents/rough grading plans.
31. Preparation of studies of alternative site plans.
32. Flood, plain, wetland, or environmental work.
33. Design of lift stations for sanitary sewer or storm drainage systems.
34. Design of booster pumps for inadequate water pressure.
35. Intensive research and testing to determine conditions of existing site utilities
(e.g. potholing, smoke testing, dye testing, pressure testing, and video testing.
36. Assist the general contractor with the design and permits associates with
construction site dewatering.
37. Design and documentation relative to special storm water detention and
treatment systems required to obtain LEED credits.
Landscape Architecture
1. Hardscape design
2. Landscape design for adjacent hillside areas
3. Playground or sports courts equipment
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4. Community Outreach
5. Lighting Design
6. Record Drawings/ As-Builts
7. LEED calculations and documentation
Structural Engineering
1. Structural engineering services outside of community center building except
foundation design and detailing of playground equipment
MEP Engineering
1. Design change requests and LEED strategy reassessment requested after
completion of 100% Schematic Design that require significant redesign
and/or redrawing.
2. Significant changes to building or MEP systems requiring reassessment of
systems proposed will require additional services to assess.
3. MEP demolition drawings or documentation of any existing as-built conditions
4. Work on buildings and site other than those described under ‘Project
Description” above
5. Design of systems outside of five feet from building or buildings described
under ‘Project Description” above, except for site related work as included in
Services descriptions.
6. LEED and Title 24-2016 Required Commissioning and 3rd Party Peer
Reviews
7. Construction management or bidding coordination
8. Kitchen design or specification of any kitchen equipment
9. Construction cost estimates will be by construction cost estimator. We will
review cost estimator's pricing, participate in reconciliation and provide
feedback.
10. Acoustical calculations for systems are not included. We will include
modifications to our systems per your acoustical consultants'
recommendations within our base fee.
11. Smoke modeling and any work on atriums
12. Routing of utilities (gas, water, sanitary, electrical, etc.) outside of five feet
from the building
13. Design of building footing drainage and/or sub-slab groundwater drainage
will be performed by others.
14. Trenching and backfilling details or specifications related to underground
piping and/or tanks
15. Cogeneration systems
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16. Audio Visual systems, Cabling for telephone or CATV, Fire Alarm and Security
system design
17. Layout of fire sprinkler heads and routing of fire sprinkler piping in the
building
18. Fire alarm system design
19. Design or testing of fire protection systems
20. Fuel oil under/above ground storage tanks, pumping, piping, and leak
detection systems.
21. Storm water detention/reclamation system design.
22. Solar thermal water heating system design.
23. Medical gas system and piping distribution design including air, vacuum,
oxygen and nitrogen.
24. Full Design of Solar Photovoltaic systems.
25. Energy storage power systems
26. Structural calculations for the seismic restraint of mechanical, electrical and
plumbing equipment are not included
27. Waterproofing details/requirements for building components by others
28. Cost reduction requiring redesign after approved systems have been
designed including but not limited to change order issues or ASI’s. Issue of
ASIs, change orders, plan revisions, etc. generated by others will require
additional fees to be submitted for prior approval before completing these
services.
29. Review of change order costs initiated by others will be billed hourly, on prior
approval.
30. Determination/interpretation of egress lighting paths with local officials.
31. Distributed antenna system.
32. Kitchen exhaust and make-up air systems design.
33. Smoke control system or stair/elevator shaft pressurization system design.
34. Any Plug Load Monitoring or Submissions
35. Lighting design for areas not specifically listed under Lighting scope
36. Theatrical Lighting
37. Design of Landscape and Exterior Lighting
38. Mock-ups
39. Cost estimating
40. Multiple-name specifications
41. Control system specifications
42. Custom fixture design
43. Supervision of contractors
44. Aiming of installed light fixtures
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45. Life Cycle Cost Analysis
46. Record drawings of completed project
47. Cost reduction requiring redesign
48. Determination/interpretation of egress lighting paths with local officials
49. Location of Exit Signs
50. Preparation and documentation of any LEED or similar credit programs
51. Power to street lighting at city sidewalks and right of ways.
52. Low Voltage Conduit design, routing and coordination.
53. Design-Bid-Build Early Foundation Package.
54. Filing of applications for building or other permits, payment of any fees
associated with permits or associated applications.
55. Preparation of cost estimates.
56. Overall project BIM management.
57. Participations in development of BIM execution plans.
58. Design of an emergency or standby back up power system via a diesel
generator.
59. Responses to additional rounds of comments from owners. One round of
comments has been included in the scope of work.
60. Design for grease interceptor and plumbing for a commercial kitchen.
Lighting
1. Revit model production. Darkhorse will utilize the Revit model to extract
current backgrounds, sections and details, but will not produce a linked
model. It is the architect or engineer’s responsibility to populate the model
with lighting families. Darkhorse will assist to obtain available manufacturers
families for luminaires specified.
2. Additional site visits shall be billed at the day rates as noted in the fee
schedule. Day rates are described as one (1) man-day of 8 hours.
3. Production time for additional drawing submissions not included in the scope
of services.
4. Bidding and Negotiation.
5. As-built drawings, Record drawings and Close-out documentation.
6. Decorative lighting (FF&E) is to be provided by architect. Darkhorse shall
assist with sources and dimming and at times might suggest fixtures but the
responsibility is that of the interior designers. Should it be requested that
Darkhorse source decorative light fixtures, a separate fee should be
assessed based on the scope of the request.
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7. Programming of the lighting controls system. This work shall be completed
by the manufacturer’s authorized personnel.
8. Commissioning of lighting and controls systems. This work shall be
performed by a certified commissioning agent.
9. Emergency lighting, life safety. As directed, Darkhorse shall incorporate
architectural lighting fixtures capable of emergency lighting to support and
assist in efforts through zoning but it is the Electrical Engineer’s
responsibility to circuit the emergency lighting, verify that it meets code and
specify visible emergency lighting, concealed EM lights, BOH, Staircase and
other lighting not in Darkhorse’s scope.
10. Energy code calculations, LEED submittals, lighting power density and other
permit documents are supplied by consulting engineers. Darkhorse shall
provide a fixture schedule and zone schedule with wattage information for
areas within scope but does not have the authority to submit to agencies and
municipalities.
11. LEED Compliance, WELL Building, Savings by Design or other third-party
building program documentation unless specifically included. Related
services are considered additional services upon request.
12. Living Building Challenge documentation and specifications unless
specifically included. Compliance is the responsibility of manufacturers. If
notified at the beginning the project will seek LBC status, Darkhorse will
make every effort to specify products in compliance but does not warrant
products specified comply with the LBC Red List. Coordination and all
related efforts are considered additional services.
13. Landmarks approval documentation.
14. Lighting renderings are an additional service. Fees shall be based on the
extent of the request.
15. Mock-ups shall be billed at the hourly rate. Any expenses associated with the
construction of materials for the mock up shall be paid upon receipt of
invoice.
16. Additional photometric calculations shall be billed as additional services at
the hourly rates set forth herein.
17. Review and testing of fixture and/or control system substitutions proposed
by others.
18. Should the client request custom light fixtures; the design shall be billed at
$4,500.00 USD per fixture design. All copyrights remain the property of
Darkhorse. A custom lighting fixture is defined as an entirely new design and
would require design approvals, prototypes and coordination of fabrication.
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Darkhorse does not charge additional fees for assisting with modifications or
coordinating custom fixture as provided by other designers.
19. Should the overall design phase extend past twenty (20) months Darkhorse
reserves the right to renegotiate fees and ask for additional compensation
due to additional hours needed.
20. The specification and design of lighting control and dimming system, unless
specifically included above.
21. Value engineering past 100% Design Development phases.
22. Written specifications beyond the information provided in our fixture
schedule.
Cost Estimation
1. Cost reports other than those specified
2. Reconciliation of costs with other parties
3. Bid negotiation
4. Construction phase services
Specifications
1. Outline specifications
ADDITIONAL SERVICES
Additional Services shall be provided if authorized or confirmed in writing by the Owner.
These services shall be subject to an additional fee. Unless otherwise agreed prior to
the work being carried out, our fees for any additional services will based on time
expended at our normal billing rates prevailing at the time the work is carried out.
Additional Services will be billed on an hourly basis at the rates shown below:
Partners $220.00
Senior Associate $200.00
Senior Staff 4 $180.00
Senior Staff 3 $140.00
Senior Staff 2 $120.00
Senior Staff 1 $ 85.00
Intermediate Staff 1 $ 85.00
Tech/Admin Staff 1 $ 65.00
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Confirmation of Agreement:
This letter correctly sets out the scope and fees for services to be provided by Johnson
Favaro for this project.
__________________________________________________________________
Signature of Authorized Officer
__________________________________________________________________
Title of Authorized Officer
__________________________________________________________________
Date
If you have any questions please do not hesitate to contact us.
Sincerely,
Jim Favaro
Principal, Johnson Favaro
Enclosure: Exhibit A: Professional Services Fee Breakdown by Discipline and Phase
Exhibit B: Consultant and sub consultant hourly rates
Exhibit C: Sub consultant proposals.
B-27
City of Rancho Palos Verdes
Request for Proposals
Ladera Linda Community Park
Architectural & Engineering Design Services
Department of Recreation and Parks
Attention: Cory Linder, Director
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5260 | Email: CoryL@rpvca.gov
RFP Release Date: July 31, 2018
Pre-submittal Conference: August 14, 2018
RFP Submittal Deadline: August 28, 2018
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RFP for Ladera Linda
Community Center Plan Project
C-1
CITY OF RANCHO PALOS VERDES REQUEST FOR PROPOSALS
LADERA LINDA COMMUNITY PARK MASTER PLAN
PHASE 1
The City of Rancho Palos Verdes is requesting qualifications and
proposals from qualified professionals to provide design services
related to the Ladera Linda Park Project. The RFP process will be
bifurcated. In Phase One, the City seeks to determine which firms best
meet the City’s criteria, and will select one or more qualified proposers.
PHASE 2
In Phase Two, the City will request pricing proposals from the qualified
proposers and will award the contract to the firm whose strategic
approach and pricing package best fit the City’s needs.
All correspondence and questions regarding this RFP should be directed to:
Cory Linder, Director of Recreation and Parks
Rancho Palos Verdes Recreation and Parks
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Coryl@rpvca.gov
To be considered for this project, submit five hard (5) copies and one thumb drive
of the proposal to:
City of Rancho Palos Verdes
Department of Recreation and Parks,
30940 Hawthorne Blvd.,
Rancho Palos Verdes, CA 90275,
(310) 544-5260
By 5:00PM, on August 28, 2018
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RFP for Ladera Linda
Community Center Plan Project
C-2
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Background Page 5
IV. Statement of Work Page 8
V. Project Schedule Page 12
VI. Statement of Qualifications Page 13
VII. Submission Format Page 14
VIII. Evaluations and Selection Process Page 17
IX. Price Quote Page 18
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RFP for Ladera Linda
Community Center Plan Project
C-3
I. INTRODUCTION
The City of Rancho Palos Verdes is a scenic, upscale, residential coastal community,
with a population of approximately 42,000, located on the Palos Verdes Peninsula of
southwestern Los Angeles County.
The City of Rancho Palos Verdes is a contract city, meaning that some services are
provided by contract with agencies (both public and private) and some services are
delivered by the City’s own employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
II. PROJECT OBJECTIVE
Ladera Linda Park is an 11 acre park located in Rancho Palos Verdes, California with a
physical address of 32201 Forrestal Drive, Rancho Palos Verdes, CA 90275. Details and
history of the project may be viewed at http://www.rpvca.gov/982/Ladera-Linda-Park-
Master-Plan, summarized below.
The Project is divided into two distinct phases.
PHASE 1: The first phase consists of refining and developing the existing approved
conceptual Master Plan to a final schematic design.. This phase will be presented to the
City Council for review and approval.
PHASE 2: The second phase consists of the development of Plans, Specifications, and
Estimates (PS&E) that incorporate revisions made by the City council.
The City is seeking proposals that incorporate both Phase 1 and Phase 2 into one
consolidated proposal. The successful firm will provide Architectural and Engineering
Design Services for the City’s Ladera Linda Park Project. The City is particularly looking
for proposals with innovative and cost saving project approaches, and that clearly
delineate the tasks in Phase 1 and Phase 2.
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RFP for Ladera Linda
Community Center Plan Project
C-4
III BACKGROUND: LADERA LINDA MASTER PLAN
The City of Rancho Palos Verdes Department of Recreation and Parks provides park
programs and special events which are funded by the General Fund and revenue from
fees and rentals.
This former elementary school site’s amenities include a parking lot, restrooms, paddle
tennis courts, tot lot, playground and basketball court. Ladera Linda is also the home of
the Discovery Room, which features static exhibits of local flora, fauna, and historic
information. Staff and volunteers provide educational programs on-site for a large variety
of school, youth, and other groups as well as conduct docent-led hikes in the surrounding
hills and Forrestal Property. This location also has a multipurpose room and classroom
available for rental for meetings and private parties, providing excellent views of the cliff
face, hillsides, coastline, and ocean.
The City completed an overall Parks Master Plan in 2015 for the entire park system and
the recommendation for Ladera Linda was to demolish the current buildings and
structures and design and build a community park/center with a similar square footage
footprint to the existing facilities.
The City hired Richard Fisher Associates (RFA) to conduct public outreach and generate
a conceptual plan for the park and building. Following extensive public outreach, the City
Council approved a conceptual plan for Ladera Linda on March 20, 2018. The approved
conceptual design includes the following components:
• Community Center (approximately 8,900 Square Feet)
• Outdoor basketball courts (1 full court/1 half court)
• Children playground areas (Ages 2-5 and 5-12)
• Parking and associated safety lighting
• Outdoor butterfly garden
• Turf areas
• Extensive Landscaping
• Walking trails
• Paddle Tennis Courts (existing)
• Separate storage building
• Drinking fountains, benches, picnic tables and other park amenities
• Trees for shade
• Perimeter fencing
• Two parking areas (59 total parking spaces)
• Walkways
• Park signs
The proposed community building includes the following components and approximate
size. Below that is the conceptual building diagram showing the location of each
corresponding component,
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RFP for Ladera Linda
Community Center Plan Project
C-5
LADERA LINDA PARK COMMUNITY BUILDING
ROOM NO. ROOM DESCRIPTION SQ. FT.
1 Classroom #2 881
2 Classroom #1 792
3 Utility Rm 138
4 Storage #1 120
5 IT Rm 105
6 Discovery Rm 1,020
7 Work Rm 270
8 Office #1 170
9 Lobby / Gallery 1558
10 Staff 212
11 Office #2 138
12 Storage #2 73
13 Internally-accessed Restrooms 495
14 Multipurpose Rm #1 837
15 Staging Area 261
16 Janitorial 46
17 Storage #3 240
18 Storage #4 295
19 Multipurpose Rm #2 929
20 Externally-accessed Restrooms 320
Total Community Bldg SF: 8,900
The above SF amounts do NOT include any walls
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RFP for Ladera Linda
Community Center Plan Project
C-6
City Council provided the following direction to Staff when the conceptual plan was
approved on March 20, 2018:
1. Consider reducing the size of the Discovery Room.
2. Consider increasing the size of the Multi-Purpose Room by a like amount.
3. Remove the dry stream bed element.
The proposed building should be within 3% of 8,900 square, plus or minus.
The approved conceptual plan called for the removal of the existing 5 buildings, and the
removal of almost all current landscaping with the exception of certain designated trees.
Improvements include replacing all existing utilities with new laterals to the new facilities,
including gas and water supply lines, sized appropriately to accommodate the needs of
the new building(s); underground electrical service; and replacing the sewer lateral to the
mainline as needed. The intent is to have a balanced site grading operation to include
installation of onsite drains to convey site runoff to the existing drain system.
Security considerations, noise, parking and view impacts were focal issues during the
Master Plan process. These considerations included the following:
• Landscape design that enhances surveillance
• Appropriate lighting to eliminate blind spots
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RFP for Ladera Linda
Community Center Plan Project
C-7
• Use of motion sensor lights, building shutters and security cameras where
appropriate
• Use of clearly identifiable entry points
• Alignment of building structure and outside features to naturally direct people to
established reception areas
• Use of appropriate low landscaping and ground cover to discourage undesired
access and direct park users to appropriate access points
• Use of appropriate, open fencing to both control access and enhance sightlines
• Well designed and defined pedestrian circulation
• Locate park elements such as courts, picnic tables, and children play areas in
prominent locations to attract appropriate users and make inappropriate users
more visible
• Sufficient and well-designed lighted parking areas
IV. STATEMENT OF WORK
The project’s scope is divided into two phases as mentioned in the Project Description.
PHASE 1: The first phase consists of refining and developing the existing approved
conceptual Master Plan to a final schematic design. This phase will be presented to the
City Council for review and approval.
PHASE 2: The second phase consists of the development of fully-completed Project
Plans, Specifications, and Estimates (PS&E) that incorporates revisions made by the City
council..
The successful bidder will clearly delineate which tasks are to be completed during Phase
1 and which tasks are to be completed in Phase 2.
The successful proposer (hereafter, “Design Consultant”) shall be required to perform the
following work:
Field Inventory
The Design Consultant will conduct a field inventory to create the preliminary
analysis Community meeting minutes, staff reports, site studies, a Phase One
Environmental Site Assessment, conceptual plans, and other materials are
available for review at http://www.rpvca.gov/982/Ladera-Linda-Park-Master-Plan.
Design Services
A. Project kick-off meeting.
• Design Consultant will attend a kick-off meeting at the City. The agenda will be
prepared by City staff and will include, but not be limited to the following:
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RFP for Ladera Linda
Community Center Plan Project
C-8
o Lines of communication between the City, Design Consultant, utility
agencies and other agencies involved in the project.
o Discuss the project requirements, scope of work, and schedule.
• Design Consultant shall prepare and distribute meeting minutes highlighting
any action items.
B. Review existing records:
Proposal shall include time to review existing records, including but not limited to,
the Ladera Linda Master Plan, street base maps, community meeting notes,
conceptual plan notes, and tax assessor maps. These documents are on file with
the Public Works Department.
C. Public Outreach/City Council Meetings:
Design Consultant must attend two public outreach meetings to discuss plans and
receive feedback from surrounding community. Meetings shall be a minimum of 2
hours in length, and pricing must include travel to and from city hall, preparation
time, and presentation materials.
Design Consultant must attend three City Council meetings. Meeting 1) A final
schematic design will be presented to the City Council for their review and
approval. Meeting 2) If needed, bring revised pre-construction design incorporating
Council/Staff direction for further review. Meeting 3) Present 100% construction
ready design to Council. Proposal pricing must include travel to and from city hall,
preparation time, and presentation materials.
D. Utility Coordination:
Design Consultant will coordinate with the utility agencies throughout the design
phase. If the proposed improvements interfere with existing utilities, consultant will
arrange for potholing by the utility to accurately represent its location on the
construction document. If required, Design Consultant will obtain any permit(s) that
may be required for creation of construction documents for the Project, from any
agency or utility company.
E. Prepare construction plans as follows:
Design Consultant will prepare Base Sheets utilizing the utility research data and
existing park, irrigation, storm drain, sewer, and water main improvement plans.
The base plans will be prepared at a 1”=20’ scale.
Design Consultant shall prepare plans using the latest version of AutoCAD.
Linestyles will be conventional. Text annotation will be stored in layers separate
from the graphic elements. An AutoCAD file, layering, linestyle, and color
specification will be provided to the City, if requested. Locations of any property
lines, centerlines or rights of ways shown on the topography shall be shown
graphically from specified data.
9
RFP for Ladera Linda
Community Center Plan Project
C-9
All sheets are to be prepared at 1” = 20’ scale, with details as listed below, and as
necessary to construct.
Plans for construction shall include the following details:
• Title Sheet
• Landscape/planting plan and details
• Hardscape plan and details
• Drainage plan and details
• Irrigation Plan and details
• Topographic Survey Sheet
• Grading Plan
• Electrical/Lighting plan with power source, wiring and trench details (if
needed)
• Erosion Control Plan with details for BMP
• Locations where potential damage to tree roots as a result of performing
repairs creates the need for tree to be assessed by an arborist
• Utilities manholes, water & gas valves, and other utility access facilities
within the improvement limits.
• Playground equipment and layout
• Fencing/gates
• Park signage
• Park furniture, e.g. benches, picnic tables
Proposals shall include a per-sheet additive cost to accommodate any additional
elements not included above as a project contingency.
All plans shall be delivered to the City in both printed and electronic formats.
Electronic submittals shall include *.pdf and *.dwg files and shall be compatible
with the City’s GIS system.
F. Prepare Engineer's Estimate.
Consultant shall submit preliminary quantities and construction cost estimate
at the 30%, 60%, 90% and final design submittals. Unit prices will be based
upon the most current cost information for a recent, similar project. The final
quantity/cost estimate will be based on the final construction plans and
submitted with the 100% submittal. Cost estimates shall include a 5%
contingency.
Note: The engineering design budget for this project is $500,000. The
consultant shall compare its estimated construction costs for the 30%, 60% and
90% submittal to the available budget. If the consultant’s estimated costs
exceed the available budget, the consultant shall inform the City and provide
recommendations for costs reduction or adjustment.
10
RFP for Ladera Linda
Community Center Plan Project
C-10
G. Prepare technical specifications and applicable special provisions:
Specifications shall be delivered to the City both in printed format and
electronically. All documents shall be prepared in Microsoft Word format. Any
other computer generated documents, including plans and calculations, shall
be submitted electronically in a format acceptable to the City of Rancho Palos
Verdes (i.e. spreadsheets - Microsoft Excel and CAD drawings - AutoCAD).
Specifications for this project shall contain requirements of the contractor
consistent with the provisions of the National Pollutant Discharge Elimination
System (NPDES), the Clean Water Act, and the APWA Green Book.
H. Prepare Bid Document Package
City will provide consultant with the front end specification including the format
for the Notice to bidders, table of contents, General Provisions, Special
Provisions (consultant’s project specific additional special provisions will be
added to City’s Special Provisions to make up the project Special Provisions),
format for Bid section and Contract sections. Project Plan Sheets shall be
referenced in the Bid Documents as an attachment. City will provide a hard
copy of Bid Document Package as an example for Consultants use.
The complete Bid Document Package shall be provided to the City
electronically as a pdf. Sections developed by the consultant shall be provided
in MS Word and AutoCAD as appropriate.
I. Attend meetings and answer questions RFI:
Design Consultant will be required to attend meetings with City staff every four
weeks during the design phase, as well as the pre-bid and pre-construction
meetings. Consultant will be responsible to answer questions prospective
bidders may have and respond to Requests For Information (RFI) during the
bidding and construction phases of the project as appropriate.
J. Final Deliverables & As-Builts:
Prepare one set of reproducible plans for construction. At the end of the
construction, prepare “As-Built” mylars and submit final drawings electronically
in CAD & PDF formats at the close of the project
K. Estimated Construction Project Schedule:
Design Consultant shall create a general construction working day schedule.
L. Project Surveying:
Using a State of California licensed land surveyor (or CA registered civil
engineer licensed prior to 1982), perform all surveying services needed for
compliance with the Professional Land Surveyor’s Act, including identification
11
RFP for Ladera Linda
Community Center Plan Project
C-11
of all survey monuments within the project area, restoring any survey
monuments damaged or covered after project construction, and submitting all
required documents with Los Angeles County for recordation.
M. Project Updates:
Throughout the entire project the City will require regular updates that the City
can add to the Rancho Palos Verdes Recreation and Parks Department
webpage. This will include but is not limited to project schedule, meeting
minutes/notes, and chronology of events. Text shall be provided to City in a
format that is easily uploaded to the City’s website and shall include images
along with the text. In your proposal, describe the frequency with which your
firm will provide progress reports, communications, and updates; the City will
require a minimum of monthly updates as well as updates after every public
meeting/outreach event.
Travel time and expenses, clerical services, and materials to perform the scope of work
shall be incorporated into the costs of the appropriate items.
V. PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal Available July 31, 2018
Pre-Submittal Meeting August 14, 2018 10am
Proposals Due August 28, 2018, 5:00 p.m.
Shortlisting of Firms September 4, 2018
Firm Interviews (if necessary) September 11-12, 2018
Anticipated Notice of Award September 17, 2018
Note: Firms are advised to plan accordingly for key team members to be available
for interviews on September 11-12, 2018, if necessary.
B. Pre-Submittal Meeting:
The Rancho Palos Verdes Recreation and Parks Department will meet with
interested firms at Ladera Linda Community Center located at 32201 Forrestal
Drive, Rancho Palos Verdes, CA 90275 on August 14, 2018 at 10am. Attendance
is highly encouraged but not mandatory. Questions in relation to this RFP may be
submitted in writing by either email to coryl@rpvca.gov, fax to 310-544-5294, or
mail to Cory Linder, Director of Recreation and Parks, 30940 Hawthorne
12
RFP for Ladera Linda
Community Center Plan Project
C-12
Boulevard, Rancho Palos Verdes, CA 90275. Questions must be received no later
than five (5) business days prior to the proposal due date. All attendance sign-in
sheets, proposal questions and answers and proposal addenda, if issued, shall be
posted on the RPV website.
C. Anticipated Project Schedule
Phase 1 (Final Schematic Design) Completed by Dec. 20, 2018
Phase 2 (Construction Design 100%) Completed by May 8, 2019
Construction is anticipated to begin by summer 2019.
Staff will review the proposed final design and conduct a constructability review on
the plans submitted. Consultant is required to revise drawings and plans and
specifications if the submitted draft does not conform with the City’s needs and
specifications.
Consultant is required to revise plans, specs and drawings in accordance with City
Council direction following City Council meetings.
VI. STATEMENT OF QUALIFICATIONS
Project Team Qualifications:
The proposal should establish the proposed Project Team’s education, experience,
professional credentials, awards, and licensing status qualifications. It should include
detailed information of each team member’s responsibilities for the Project and indicate
the number of years the individual has had this responsibility on similar projects. The
statement of qualifications should include, at a minimum:
• Firm name and profile, contact person, address, telephone/fax numbers, and
email addresses.
• Type of organization (individual, partnership, corporation), including names and
contact information for all officers, and proof that the organization is currently
in good standing.
• Present staff (size, classification, credentials).
• Project Team: Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project staff
and among the major sub consultants involved in the Project. Identify key
personnel to perform work in the various tasks, and include major areas of
subcontracted work. Indicate the expected contributions of each staff member
in time as a percentage of the total effort.
13
RFP for Ladera Linda
Community Center Plan Project
C-13
• Project Team Qualifications: Establish the qualifications of the proposed
Project Team in terms of education, experience, professional credentials,
awards, and licensing status. Describe in detail each team member's
responsibilities for the Project and indicate the number of years the individual
has had this responsibility on similar projects.
• Experience: Demonstrate successful experience by showing technical
competence and specialization in projects similar in scope and complexity to
the proposed project indicated. All projects listed must be either in progress or
have been completed within the last five years by the firm listed. Include
completion (or anticipated completion) date. Include any previous experience
with the City.
• References: List no less than three reference clients for who similar or
comparable services have been performed. Include the name, mailing address
and telephone number of their principal representative.
• Qualifications and experience of subcontractors.
• Describe familiarity with the City and state design and/or construction
management/oversight procedures, using specific verifiable examples.
• Describe any agreement/contract disputes you’ve had in the last 5 years, and
how they were resolved.
VII. SUBMISSION FORMAT
A. Executive Summary
On the firm’s letterhead, clearly articulate how services identified in the statement
of work will be provided, including qualifications, experience, and references.
B. Statement of Qualifications
Include a statement to the effect that the proposed Project Team will be available
to work on the Project in the roles specified within the proposed timeline and will
not be reassigned, removed or replaced without the consent of the City.
C. Work Plan
Utilizing the program elements and project objectives shown in the Statement of
Work, provide a well-conceived work plan showing the methodology and approach
to be used to successfully accomplish the Project. Indicate as part of the Work
Plan the firm’s capability to accomplish other current projects and this Project with
its current work force.
D. Quality Control
Provide an explanation of your quality and cost control philosophy, procedures and
goals.
14
RFP for Ladera Linda
Community Center Plan Project
C-14
E. Relationship with the City
It is expected that the firm selected will meet with City staff on an as-needed basis
and attend several meetings in Rancho Palos Verdes. Describe how you would
meet this criterion.
F. Submission Format
Proposals shall be submitted in an original electronic version on a thumb drive
(Word, Excel) and a paper original with FIVE hard copies. The original and each
copy shall include a tabbed index and page numbers. The original must be clearly
marked and contain an original signature. Failure to clearly mark the original and
provide an original signature may result in a proposal being found non-responsive
and given no consideration.
G. Submission of Questions
All questions are to be submitted in writing to City of Rancho Palos Verdes
Department of Recreation and Parks, 30940 Hawthorne Boulevard., Rancho Palos
Verdes, CA 90275. Questions may also be submitted via fax to (310) 544-5292 or
by Cory Linder, coryl@rpvca.gov. All questions must be received by August 23,
2018.
H. Submittal Deadline
Proposals must be received by the Department of Recreation and Parks, 30940
Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-
5260, by the deadline indicated in this RFP.
I. 60 Day Hold
The City reserves the right to hold all proposals for a period of 60 days after the
opening date and the right to accept a proposal not withdrawn before the
scheduled proposal opening date.
J. Changes, Interpretations and Corrections
Any interpretation, correction or change of the RFP will be made by formal
Addendum. Interpretations, corrections and changes of the RFP made in any other
manner will not be binding, and a Respondent shall not rely upon such
interpretations, corrections and changes.
K. Progress Payments
The City will make progress payments following an award of a Professional
Services Contract by the City of Rancho Palos Verdes City Council and execution
of the contract in accordance to material delivered and work completed as required
in the contract.
15
RFP for Ladera Linda
Community Center Plan Project
C-15
L. Acceptance of Terms
Submission of a proposal shall constitute acknowledgment and acceptance of all
terms and conditions hereinafter set forth in the RFP unless otherwise expressly
stated in the proposal.
M. Financial Responsibility
The proposer understands and agrees that the City shall have no financial
responsibility for any costs incurred by the proposer in responding to this RFP.
N. Proprietary Data
Proprietary data or trade secrets should be clearly identified as such in your
proposal and provided in a separate, sealed envelope and clearly marked
envelope.
O. Insurance Requirements
Proposers must provide evidence of the following insurance.
• Standard Worker’s Compensation & Employers’ Liability including
Occupations Disease Coverage
o Statutory in conformance with the compensation laws of the State of
California
• Comprehensive General Liability Insurance
o $1,000,000 each occurrence
o $2,000,000 aggregate
• Comprehensive Automobile
o $1,000,000 each occurrence
o $1,000,000 aggregate
• Professional Liability
o $1,000,000 each occurrence
o $2,000,000 aggregate
The successful proposer shall affect the insurance policies in a company or
companies and in a form satisfactory to the City as a condition precedent of the
execution of the contract. Before commencing any performance relating to this
project, the successful proposer shall deliver, to the City Certificates of Insurance
issued by the insurance company, and/or its duly authorized agents,
demonstrating the required insurance coverage, and certifying that the policies
stipulated above are in full force and effect. All policies and/or Certificates of
Insurance shall include the City’s officers, volunteers, and employees as
16
RFP for Ladera Linda
Community Center Plan Project
C-16
additional named insured. Nothing herein shall be construed as a waiver of any
of the protections to which the City may be entitled.
VIII. EVALUATION AND SELECTION PROCESS
A. Technical proposals received will be evaluated based on the following criteria:
1. Experience of firm in performing this type of service.
2. Relevant experience of individual team members assigned to the project.
3. Understanding of project as demonstrated by the thoroughness of the
proposal, the introduction of innovative or cost-saving ideas, and the
approach to the study or design.
4. References from clients for whom similar work was performed.
5. Depth of staff available to perform services.
6. Previous work in RPV performed by the firm.
7. Previous work in RPV performed by members of the team.
8. Project Schedule.
9. Interview (if applicable)
B. Selection Process
An evaluation panel will review all proposals submitted and select the top
proposals. These top firms may then be invited to make a presentation to the
evaluation panel, at no costs to the City. The panel will select the proposal, if any,
which best fulfills the City’s requirements. The City will negotiate with that firm to
determine final contract qualifications, knowledge, and experience, knowledge of
local conditions, and references.
C. Award Notification
The City of Rancho Palos Verdes Recreation and Parks Department will notify all
proposers in writing within two weeks of the bid deadline. This RFP does not
commit the City of Rancho Palos Verdes to award a contract, nor pay any costs
incurred in the preparation and submission of the proposal in anticipation of a
contract. The Recreation and Parks Department reserves the right to reject any or
all proposals, or any part thereof, to waive any formalities or informalities, and to
award the contract to the proposer deemed to be in the best interest of the City
and the Department.
17
RFP for Ladera Linda
Community Center Plan Project
C-17
D. Award of Contract
The selected firm shall be required to enter into a written contract with the City of
Rancho Palos Verdes, in a form approved by the City Attorney, to perform the
prescribed work. This RFP and the proposal, or any part thereof, may be
incorporated into and made a part of the final contract; however, the City reserves
the right to further negotiate the terms and conditions of the contract with the
selected consultant. The contract will, in any event, include a maximum "fixed cost"
to the City of Rancho Palos Verdes.
E. Conferences during the Proposal Preparation Period
As of the issuance date of this RFP and continuing until the time for submitting
proposals has expired, the City will provide relevant information and access to City
facilities and documents as necessary for all proposers to familiarize themselves
with the requirements set forth in the RFP. Access to City facilities shall be during
normal business hours and will require at least twenty-four (24) hours advance
notice.
IX. PRICE QUOTE: ONLY TO BE COMPLETED UPON SELECTION
At this time, proposers need not submit a price quote. The following will be the
format for the price quote that will be required in Phase Two of the RFP process,
but at this time is included for the proposers’ information only.
Note: The following table should only be completed by Design Consultant(s) selected in
Round One of the RFP process. If an item is not relevant to either Phase 1 or Phase 2,
please indicate by marking n/a in the appropriate column.
Item PHASE 1
$ Amount
PHASE 2
$ Amount
Comments
Field Inventory $__________
$__________
Time and Materials
not to exceed
amount
Item 1- Civil Design Services
(a) Project Kick-off meeting
(b) Review Existing Records
(c) Public Outreach (2) & CC
Meetings (3).
$_________
$_________
$_________
$_________
$_________
$_________
Time and Materials
not to exceed
amount
18
RFP for Ladera Linda
Community Center Plan Project
C-18
(d) Utility Coordination
(e) Prepare Construction
Plans
(f) Prepare Engineer’s
Estimates
(g) Prepare Technical
Specifications and
Special Provisions
(h) Attend Pre-Bid & Pre-
Construction Meeting(s)
(i) Final Deliverables & As-
Builts
(j) Project Schedule
(k) Project Surveying
(l) Project Updates
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
$_________
GRAND TOTAL
Phase 1 Total
$___________
Phase 2 Total Grand Total
$___________ $____________
19
RFP for Ladera Linda
Community Center Plan Project
C-19
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