HomeMy WebLinkAboutReso 11-2015 RESOLUTION NO. 11-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AMENDING CONSULTING SERVICES
AGREEMENT WITH GATES + ASSOCIATES OF SAN
RAMON, CALIFORNIA, FOR ADDITIONAL SERVICES
RELATED TO THE PARKS AND RECREATION MASTER
PLAN IN AN ADDITIONAL AMOUNT NOT TO EXCEED
$32,600 AND AMENDING THE PARKS AND RECREATION
DEPARTMENT 2014-15 OPERATING BUDGET.
WHEREAS, on December 11, 2013, the City of South San Francisco ("City") awarded a
consulting services agreement to Gates + Associates in the amount of$160,000 for the Parks and
Recreation Master Plan("Project"); and
WHEREAS, in the course of working on the Parks and Recreation Master Plan over the
last year, several issues arose that were not within the scope of the original agreement; and
WHEREAS, additional requested services include a deferred park maintenance
assessment, general plan amendment support, additional survey reports, and a contingency
allowance; and
WHEREAS, staff recommends amending the consulting services agreement for the
Project with Gates + Associates of San Ramon, California in an additional amount not to exceed
$32,600; and
WHEREAS, funding for the Project is included in the Parks and Recreation Department's
2013-2014 and 2014-15 operating budgets, sourced from the General Plan Maintenance Fee
Account.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco that the City Council hereby amends the consulting services agreement for the Parks
and Recreation Master Plan with Gates + Associates of San Ramon, California, in an amount not
to exceed $32,600.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
documents on behalf of the City upon timely submission by Gates + Associates' signed contract
and all other documents, subject to approval by the City Attorney.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 28 day of
January, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
/ATT
�` to : -"City Clerk
Exhibit A Ru,* 2c)ool8q
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
GATES & ASSOCIATES, SAN RAMON, CA
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THIS AGREE r T for consulting services is made by and between the City of South San
Francisco ("City") and?"Consultant") (together sometimes referred to as the"Parties*) as of December 12,
2013 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached hereto and incorporated herein
as Exhibit A, at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail,
1.1 Term of Services, The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2015, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or-extended, as provided for in Section 8. The
time provided to Consultant to complete the services required by this Agreement shall not
affect the City's right to terminate the Agreement, as provided for in Section 8,
1.2 Standard of Performance. Consultant shall perform all work required by this Agreement
in a substantial, first-class manner and shall conform to the standards of quality normally
observed by a person practicing in Consultant's profession.
13 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons,
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant's obligations hereunder,
1.5 Prevailing Wage, Where applicable,the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Purchase
Agreement, shall be not less than the prevailing rate for a day's work in the same trade or
occupation in the locality within the state where the work hereby contemplates to be
performed as determined by the Director of Industrial Relations pursuant to the Director's
authority under Labor Code Section 1770,et seq. Each laborer, worker or mechanic
employed by Contractor or by any subcontractor shall receive the wages herein provided
for, The Contractor shall pay two hundred dollars ($200), or whatever amount may be set
by Labor Code Section 1775, as may be amended, per day penalty for each worker paid
less than prevailing rate of per them wages. The difference between the prevailing rate of
Consulting Services Agreement between DATE 12112113
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per them wages and the wage paid to each worker shall be paid by the Contractor to each
worker.
An error on the pad of an awarding body does not relieve the Contractor from
responsibility for payment of the prevailing rate of per them wages and penalties pursuant
to Labor Code Sections 1770 1775,The City will not recognize any claim for additional
,compensation because of the payment by the Contractor for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Contractor.
(A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the
schedule of prevailing wage rates is not attached hereto pursuant to Labor Code
Section 1773,2, the Contractor shall post at appropriate conspicuous points at the
site of the project a schedule showing all determined prevailing wage rates for the
various classes of laborers and mechanics to he engaged in work on the project
under this contract and all deductions, if any, required by law to be made from
unpaid wages actually earned by the laborers and mechanics so engaged.
(B) Payroll 'Records, Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work
week, and the actual per them wages paid to each journeyman, apprentice,
worker, or other employee employed by the Contractor in connection with the
public work. Such records shall be certified and submitted weekly as required by
Labor Code Section 17716,
Section 2. COMPENSATION, City hereby agrees to pay Consultant a sum not to exceed one
hundred sixty thousand dollars,($160,000) notwithstanding any contrary indications that may be contained
in Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement, In the event of a conflict between this Agreement and Consultant's proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein, The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement, Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person,
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement,
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2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the-term of this Agreement, based on the cost for all services performed and reimbursable
costs incurred prior to the invoice date, Invoices shall contain all the foNowing information:
*
Serial identifications of progress bills (i,e,, Progress Bill No, 1 for the first invoice,
etc),
* The beginning and ending dates of the billing period;
* A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
* At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
* The total number of hours of work performed under the Agreement by each
employee, agent, and subcontractor of Consultant performing !services hereuinder,
* Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)-
month period under this Agreement and any other agreement between Consultant
and City. Such notice shall include an estimate of the time necessary to complete
work described in Exhibit A and the estimate of time necessary to complete work
under any other agreement between Consultant and City, if applicable,
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant's signature.
2.2 Monthly_?Aymeat, City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred, City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant, Each invoice shall include all expenses and
actives performed during the invoice period for which Consultant expects to receive
payment.
2.3 Final RUMent. City shall pay the five percent (5%)of the total sum due pursuant to this
Agreement within sixty (60)days after completion of the services and submittal to City of a
final invoice, if all services requHred have been satisfactorily performed,
2A Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement, City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement, City shall make
no payment for any extra, further, or additional service pursuant to this Agreement° In no
event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment,
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M Hourly Fees, Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, as specified in Exhibit.D attached
hereto and incorporated herein, shall not exceed $4000. Expenses not listed below are not
chargeable to City, Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
23 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as it may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non-California
subcontractors,
2,8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8,the City shall compensate the Consultant for ail
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination, Consultant shall maintain adequate logs and
firnesheets to verify costs incurred to that date.
2.9 Authorization,to Perform Services, The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages
and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
Section 3, FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks,filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
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Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and!
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors, Consistent with the following !provisions, Consultant shall
provide proof satisfactory to City of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the City. Consultant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers�' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not Vess than $1,000,0010 peer accident, In the alternative, Consultant may rely on a self-
insurance,program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code, Determination of whether a
self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator, as defined in Section 10,9. The insurer' 11
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insurance is provided, or the Consultant, if a program of self-insurance is provide'd' , shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
4,2 Commercial General and LAutomobile Liabilit Insurance,
4,21 General reguirements. Consultant, at its own cost and expense,shall maintain
commercial general aind automobile liability insurance for the term of this
Agreement in an amount not less than one mMion dollars($1,000,000) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability insurance or ain
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shalt not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Mininnum scone_gfjqygqgt Commercial general coverage shall be at least as
broad as Insurance Services, Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions)covering comprehensive General
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Liability Insurance and Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability on an "occurrence"basis. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (most recent edition). No endorsement shall be attached
limiting the coverage.
4.2.3 Additional reguirements.. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
,agents, and volunteers.
4.3 Professional Liability-,[nnsurance.
431 General reaulrements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $1,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed one hundred
fifty thousand dollars ($150,000) per claim.
432 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement,
lb. Insurance must be maintained and evidence of insurance must be
provided for at least five (5)years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
C, If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of five (5) years after completion of work under this
Agreement or the work, The City shall have the right to exercise, at the
Consultant's sole cost and expense, any extended reporting provisions of
the policy, if the Consultant cancels or does not renew the coverage,
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
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413 Additional R���A certified endorsement to include contractual liability
shall be included in the policy
4.4 All Policies Requirements.
4.4.1 Acce ptabilit y of insurers. Ali insurance required by this section is to be placed
with insurers with a Bests'rating of no less than ANTI,
4,4.2 Verification of cq sera_qe, Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, this shall not waive the Consultant's obligation to provide them,
The City reserves the right to require complete copies of ail required insurance
policies at any time.
4.43 Notice of Reduction
endorsement
shall be attached to ail insurance olatained pursuant to this Agreement stating that
coverage shall not reduced in
coverage or in I i m
by certified
mail, return receipt requested', has been given to the City, in the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shaII provide written notice to City at
Consultant's earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage,
4.4.4 Additional City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the City's general supervision of Consultant, products and completed
operations of Consultant, as applicable; premises owned' or used by
Consultant" and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage,
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4,4.5 Deductibles and Self•Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 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 be subject to all of the
requirements stated herein,
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
"wasting" policy limit,
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4,5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach,
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the
fullest extent allowed by law,with respect to all Services performed in connection with this Agreement,
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
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damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance ("Claims"), to the extent
caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of
Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property,or violation of law'.
5.1 Insurance Not in Place of Indemnity. Acceptance Iby City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such
insurance policies shall have been determined to apply. By execution of this Agreement,
Consultant acknowledges and agrees to the provisions of this Section and that it is a
material element of consideration,
5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of
Consultant providing services under this Agreement is determined by a court of
competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of City, Consultant shalt indemnify,
defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such
contributions, which would otherwise be the responsibility of City.
5.3 Third Party Claims. With respect to third party claims against the Consultant, the
Consultant waives any and all rights of any type of express or implied indemnity against
the Indemnitees,
Section 6. STATUS OF CONSULTANT,
6,1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other'
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
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6,2 Consultant Not an Agent, Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENT .
7.1 Governing Law.. The laws of the State of California shall govern this Agreement.
7.2 Comoliance wiith ADoll Laws, Consultant and any subcontractors shall comply with
all federall, state and local laws and regulations applicable to the performance of the work
hereunder. Consultant's failure to comply with such law(s) or regulation(s) shall constitute
a breach of contract
7.3 Other Governmental Requiations, To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, iincluding from City, of whatsoever nature that are legally required to
practice their respective professions, Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions, In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and EqyALQpRortunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital statues, sex, or sexual orillentation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
7.6 Contractor's Riesidenqy andi Tax With h ol I d!M_Contracto r declares that Contractor is a
resident of the State of California in accordance with the California Franchise Tax Board
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form 590 ("Form 590"), as may be amended, attached hereto and incorporated herein as
Exhibit C. Unless provided with valid,written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Contractor as required by
law, Contractor shall obtain,and maintain on file for three (3) years after the termination of
the Contract,. Form 590s from all subcontractors, Contractor accepts sole responsibility for
withholding taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Contractor's withholding duty to City.
Section 8, TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consult ant imay cancea this t'Agreerrientfor cause upon thirty(30) days"written notice to
City and shall include in such notice the reasons for cancellation,
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of notice of termination; City, however, may condition
payment of such compensation upon Consultant delivering to City all materials described
in Section 9.1.
8,2 Extension,, City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1, Any such extension shall! require
Contractor to execute a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have
no obligation to provide Consultant with compensation beyond the maximum amount
provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Consultant for any otherwise reimbursable,
expenses incurred during the extension period.
83 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties,
8.4 Assignment and Subcontracting, City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon,a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge, Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator, Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator,
Consulting Services Agreement between DATE 12/12/13
City of South San Francisco and Gates &Associates Page 11 of 17
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8,.6 Options upon Breach b,v Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 immediately terminate the Agreement;
8.62 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.63 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant, or
HA Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
91 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties except as required by law.
92 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3)years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement,
9.3 InSDection and Audit of Records. Any records or documents that Section 9,2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City, Under California Government Code Section 8546.7, if the amount of public funds
Consulting Services Agreement between DATE 12112/13
City of South, San Francisco and Gates &Associates Page 12 of 17
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expended under this Agreement exceeds ten thousand ($10,,000,00), the Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as
part of any audit of the City, for a period of three (3) years after final payment under the
Agreement.
9.4 Records Submitted in es onse to an Invitation to Bid' or Request for Pro Deals.All
responses to a Request for Proposals, (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as "Confidential," "Business Secret" or"Trade Secret,"
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade, Secret" or
"Business Secret," or if disclosure is required under the Public Records Act,
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret"or"Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession:,
which includes a minimum retention period for such documents,
Section 10 MISCELLANEOUS PROVISIONS.
101 Attorneys' Fees. If a Party to this Agreement brings any action, including arbitration or an
,action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys' fees in addition to any other relief
to which that Party may be entitled, The court may set such fees in the same action or in a
separate action brought for that purpose,
101 Venue, In the event that either Party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of San Mateo or in the United States District Court
for the Northern District of California.
10.3 Severability, If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect, The invalidity in whole or in part of any
Consulting Services Agreement between DATE 12/1,2/13
City of South San Francisco and Gates &Associates Page 13 of 17
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provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement,
10.4 No Implied Waiver of Breach, The waiver of any breach of a specific provision of this
Agreement does not constitute a, waiver of any other breach of that term or any other term
of this Agreement.
10,5 Successors and A§si � The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties,
10.6 Use of Recycled Products, Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
103 Conflict of Interest, Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant In a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000, et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement, No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090, et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090, et seq,, the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
1'0.8 Solicitation, Consultant agrees not to solicit business at any meeting,focus group, or
interview related to this Agreement, either orally or through any written materials,
10.9 Contract Administration,, This Agreement shall be administered by Sharon Ranals
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i)when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
Consulting Services Agreement between DATE 12/12/13
City of South San Francisco and Gates & Associates Page 14 of 17
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during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time Such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day deNvery
to a domestic address by recognized overnight delivery service (e.g,, Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested, In
each case notice shall be sent to the respective Parties as follows:
Con Sultan t
Gates&Associates
2671 Crow Canyon Road
San Ramon, CA '94583
City Parks and Recreation
33,Arroyo Drive
South San Francisco, CA 94080
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal, Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
L reportldesign respionslbility,
10.12 Intec j ration, This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A B C Q represents the entire and integrated agreement
between Cfty and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral pertaining to the matters herein,
Exhibit A Scope of Services
Exhibit's Compensation Schedule
Exhibit 6 Form 590,
Exhibit D Reimbursable Expenses
Consulting Services Agreement between - DATE 12/12/13
City of South San Francisco and Gates &Associates Page 15 of 17
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10.13 Counterparts.. This Agreement may be executed in multift counterparts, each of which
shaII be an original and all of which together shall constitute one agreement.
110.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
10.15 No Third Party Beneficiaries, This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non-signatory third parties,
[SIGNATURES ON FOLLOWING PAGE]
Consulting Services Agreement between DATE 12/12113
City of South San Francisco and Gates &Associates Page 16 of 17
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The Parties have executed this Agreement as of the Effective Date,
CITY OF SOUTH SAN FRANCISCO CONSULTANT
Steven T. Mattas, Interim City Manager Gates s ociates
Attest.
w, ') Deputy cq Clerk
City CIerk
Approved as to Form:
ity At rr
Consulting Services Agreement between DATE 12/12113
City of'South San Francisco and Gates &Associates Page 17 of 17
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WORKPLAN
SOUTH SAN FRANCISCO PARK AND RECREATION MASTER PLAN
South San Francisco, California
In Ili efolloving pages,we hai)e depeloped a scope of seroirej basedoii on r widerstaii ding a f the p-jeclgaalj that is deiced-f..m the inyor,,aii,,
provided 6y the G v in the Pd--,P,our rroie;,v of backgi-oupid i,7for?ria#on&ateria4,and rurfield tr.,ovy1ais,,0,Cc,If selected,me will collaborale?
-41h Go J-4
TASK I - Tire obierfiws®f ibis task are tq define project fimbeols,Glatt objeciive-r,develop a detailed
PROJECT workplan and sdiedwle. This task wall also include ongoing projeel mana
INITIATION AND evldy�61, gemevt and qua#,�y
MANAGEMENT
SubTask I'.I - Gates to organi7e kickoff meeting with City staff.We 2nticipat:e
Project Initiation that the following xill be discussed at this meeting7,
Roles and communication-protocols between tearn members and City
staff,will also be determined.
* Public R'ngagernent Process-Modification to proposed workplan,
* Project Goals—Key objectives and priorities.
* Project Schedule—Review and adopt a baseline schedule for the project
which reflects City,meeting and review time.
* Development of an Advisory Committee-responsibilities and potential
conduct.
* Identify key Stakeholders for inclusion in process - ,School District,Program
Operators, etc.
Subtask 1.2- Project 'Gates'Project manager will be responsible for managing tile project
Management coinmunica6on and rnaintainirlg agreed upon project delivery milestones;
including;
* Coordinating in-house design staff and sub consultants-aild performing
Quality Control reviews of the project documents,
* Orgallrizing regular monthly project team meetings wit], City. These
meetings will provide a forum to share project information,identify critical
issues,make decisions,review project schedule,and other iterns critical to
project success. The Project Manager will prepare and distribute agenda and
progress schedule documents prior to each meeting and prepare summary of
meeting
PRODUCTS:
Project Schedule
Refined Workplan
Project Tearn Meeting Materials
AIEETINGS;
ProjectTeam Meetings 9
TASK 2- RESEARCH The obiedive of this task is to develop an Ynderstanding OfProied unwei, conwjmnity needs, and
AND ANALYSIS opportunities and conarahas throqh review of existing mate1jalsja6ijiy evaluahons)esearrh
and intemien with key stakeholders,
Subtask 2.1 - Review materials,plans and reports including:
Background Materials 0 General Plan: Parks,Public Facilities and Services Element
Review a Park,Recreation and Open Space Master Plan 1990
GATES
,&Ssocl t"";
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WORKPLAN
* Parks,Recreation and Open Space Master Plan Update 1997
* Master plan for Orange Memorial Park 2007
Gateway Master Plan
Joint use agreements
Parks and Recreation Department operating budget for previous 3 years
Capital Improvement Plan
Program Activity Guides
Ongoing Safety and Accessibility Upgrades
Bicycle Master Plan
Four Playground updated materials and Outreach Process
Existing Park Plans
Base information including GIS Maps
2009, Park Fee Study
Applicable Regional Park and Trail Planning Materials
Subtask 2.2 - Using City provided information and GIS,prepare a project base suitable for
Assessment of Existing master planning. Tour existing parks,trails,open space and facilities; (21
!System neighborhood parks and playgrounds,2 linear parks, open space and School
District Facilities,) Prepare an inventory of physical conditions,features,
opportunities, and constraints,and current maintenance needs based on visual
observation and staff input. Opportunities and constraints-,VIE be identified with
regard to parks, open space and indoor facilities including improvements to
existing facilities. Fvaluate each atnenity regarding its service from both a
resident and a visitor perspective to increase recreational opportunities for the
community,
Service area-neighborhood/ civic context
Existing'amenities
* Recreational programs /staffing
* Use and condition of buildings and parks,deferred maintenance,safety
issues and AIWA issues
* Unique aesthetics,character
* Neighborhood access,circulation and parking
Potential to accommodate additional programs
Other values identified by community and staff
* Opportunities to incorporate sustainable practices
Subtask 2.3 -'Program & The Sports Management Group will analyze the effectiveness of current
and Facility Provision prograttiming, services,and maintenance to meet current and future
Analysis cominunity demand,The information gathered during the analysis of
programs,facilities,service levels,and will provide the foundation for
understanding of current unmet need and desires,TSMG will perform a gap
analysis--the purpose of which is to identify the demand,assess the
capacity of the existing progiamining and facilities to meet the demand,and
deterinme if there are gaps in service or capacity to meet that demand.
TSMG will provide recornmendations for filling these gaps through the
analysis of existing facilities,potential partnership,and alternative services
delivery.
* The Sports Management Group will meet with staff during the facility tour
...... GATES
..W.C.N... ,y/..
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WORKPLAN
to discuss current Progranuning,Program dernanA,limitations and
opportunities, service delivery, facilities impacts, and existing facility
conditions. PrOgr-aturning opportunities and constraints will he evaluated,
0, Interview program staff
0 Compile program and service inventory
a Inventory p'ublic and private service providers
0 Identify program priorities
Analyze current fees and charges for facilities,programs,and services. Assess the
appropriateness of the fees to achieve the City's cost recovery objectives.
Develop revenue strategies that are accept-able to users and can provide a revenue
stream to support facility maintenance.
Study tasks include:
* Analysis of the current fee structure
* Analysis of operating costs and revenues
* Assessment of cost recover),objectives and policies
Analyze current recreation programs, services and maintenance and need for
modifications,including:
• Strategies to meet needs and sustain programs
• Best possible providers for programs and services
• Duplication of programs and services
• Recommendations for enhancing partnerships
Subtask 2.4- Level of Identify existing park service areas, Service area boundaries should consider
Service Analysis major circulation corridors and topography which inhibit neighborhood park
access lvben defining level of service- Verify all acreage values for compliance
with existing standards.
Subtask 2.5 - Use benchmarking as a method for identifying standards and goals for service
Benchmarking proNision,including not only size and types Of facilities,but standards for
playgrounds,senior amenities,youth and adults sports facilities and con=umty
facilities.The City will identify three (3) jurisdictions Of siluilar size and density in
the Bay Area The assessment will provide information to be compared to
nationally accepted standards (NRPA)regarding recreation resources and
facilities,
Subtask 2-6- Demographic trends analysis and the development of a commu-pity profile is one
Demographic Analysis too] employed to gain insight into cominunit,needs and t st D ogr p c
and Recreation Trends in etc , em a hi s
are an effective instrument in the measurement of the demand for recreational
activities and proUarns. Evolving demographics can also create changes in
demand for various programs and park uses.
This analysis identifies the status and changes in age groups,fan-lily households,
income,educational-attainment,spending habits,and otlier information that can
be used to Project recreation demand and likely participation. This analysis of
population Will provide insights into likely Programs and activities for current and'
future planximi g considerations. The demographic profile will be generated frorn
the following sources:
G AT E S
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WORKPLAN
0 City of South San Francisco
0 U.S. Department of Coininerce
0 Association of Bay Area Government 2030 Forecast
Subtask 2.7-Needs Consolidate findings into summary report surnmarizing needs,issues,
Analysis Report opportunities and constr aints.
Based on staff and Advisory Conan-dace input,finalize report.
PRODUCTS:
Assessment of E=ting Park Facility and Program Sivamary
Service Areas Map
Draft.and Final bleeds.Analysis Report
TASK 3 - PUBLIC The objective 6f this task is 1,9 prepare and conduct a robust and indusive covimunqy omireach
PARTICIPATION prooss that will educate the puMeal lame ahoutpyvject vision ajzdobleaives, and provide
PLAN opporiunities to provide feedback as part of the Parks and Rea-eation Ma'rter Plan aOdate,
Prepare andimplemew a rwnnmni mo-earbplan that if bath invitin
,g and inciative,
reco,gni,-ing that residents, e,, Cpl yces and visitors to Soylb Sav Fr aneiseo may have input of
value to the Parks and Recreation vision and plan.
Subtask 31 Outreach The team will refine the community outreach plan to allow for maximum public
Plan participation through a number of strategies including stakeholder interviews,
communit�,workshops,online engagement,partnering at community events,a
community survey,social media and more.All activities will work in concert to
increase public participation and garner the overall public support necessary to
reach consensus on the needs,priorities and fmal recommendations.The plan
will also include a clear timeline and deliverables,core messaging that resonates
with the general public,and successful methods for :soliciting and gathering vital
community feedback in a timely and cost-effective manner.Additional elements
of the outreach plan will 'include a simple media relations plan and development
of a project logo and templates for collateral materials.
(All materials can be developed in Spanish and English)
Subtask 3.2 -Advisory Establish on Advisory Committee comprised of key stakeholders and(,-,onimunity
Committee leaders to provide guidance to the plan and share information about the process
with their constituencies. Define roles and responsibilities,and establish meeting
schedule. Advisory Cornririttee meeting topics might include:
* Initial Kickoff-review project approach,public participation
strategy and schedule. Define project goals. Identify issues and
opportunities.
* Discussion of Research and.Analysis Findings.
* Input.to recommendations.
* Input to prioritization strategy.
* Review of Final,Master Plan,recommendations.
For each meeting,Gates will prepare agendas and exhibits to facilitate meeting,
and provide meeting summaries.
Subtask 3.3 - Conduct interviews with Key Stakeholders,includiag:
Stakeholder Interviews Preparation of interview questions
G ATE S
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WORKPLAN
* participant identification and confirmation
* Mecti.119/interview scheduling
* Preparation and distribution of notifications
0 Preparation of meeting/interview materials
0 Organize and facilitate a meeting with key staff,including:
a Public Works
a Police I
a Parks and Recreation
0 Planning
a Economic Development
a Conduct interviews with key stakeholders,including;
* Program providers
* School District
6 Summarize interviews / meeting input
Subtask 3.4 Project The team will develop basic content(with City input) and maintain project
Website information on City website. Scope assumes the site Will be hosted by the Cit)
with the team providing the majority of content ira web ready format. Scope also
assumes the project website will be updated one (1) tun n
e Per Month as needed.
Subtask 3.5 - Social % 'ork With staff to identify website linkages to expand comrnnunity awareness
of
Media Plan/Unkage project, Potential sites might include Bike Advisory Groups, sontl, Sall
Francisco Patch,South San Francisco Mother's Club,etc.
Subtask 3.6 Public The team will provide all logistical preparations and meeting support for two (2)
Workshops public workql-cops Each workshop will provide the public with the information
and tools necessary to understand project goals,challenges and other
considerations,while allowing t.1.1c project team to solicit feedback on needs,
desires,PrIOrItICS, and other issues or concerns related to the City's provision of
parks and recreation services. Project team members will conduct the initial
presentation at each workshop with assistance from the City. tinning of each
workshop will coincide with the over-all work schedule to ensure widespread
community input is received during critical phases of Plan development in a
timely manner.Included in this subtask is:
*
pub--h—c—N--otific Develop meeting notification materials including a
postcard mailer,electronic nottce for e-mail distribution and website
posting,and a newspaper display advertisement for each workshop. This
scope assumes City handle newspaper ad placement,and distribution of
postcard and electronic notification materials using a project mailing Est
developed by the City with assistance from the City and Gates team,
* L g�ties 'Siam; Including setup and breakdown,provision of all meeting
supplies including exhibit boards,easels,meeting handouts and materials,
refreshments,and other necessary equipment at each workshop.This scope
assurries the City will assist in securing public meeting space such as the
Community Center, Scope also assumes at least one(1)initial planning
meeting or conference call to prepare for and review format and materials
prior to commencing each meeting.
* Content Create and produce meeting materials including presentations,
handout materials,and exhibit boards for use at each workshop,
G AT E S
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WORKPLAN
Summary Report:Attend and document each workshop in a summary
report on broad themes and outcomes to be provided to the City.
Subtask 3.7- Focus Organize and facilitate 2-3 focus group meetings to explore specific topics more
Group Meetings deeply. Potential topics might include:
Collaborative partnerships for progress
Shared facilities with School District
Development of signage/ trail
Acquisition of targeted park land sites
Subtask 3.8 - To build community organization partnerships,the team will identify and attend
Community Events up to three.(3) community wide events in order to provide project information,
upcoming workshop dates,solicit feedback on the design of alternatives and
other issues or concerns related to the project and more,Potential events to
target include Farmer's Market,and others to be.determined.
Subtask 3.9 - Conduct a statistically valid telephone survey to collect information on issues,
Community Survey priorities,deficiencies and opinions on recreation and park programs and
facilities, Develop a survey in consultation with the Cit),to collect information
from both residents and day-time employees, to:
* Develop a stratified sampling design of residents /households,stratified by
geography,-age,income, family compositions.
* Develop and x6me a survey instrurnent that wiH achieve the research
objects of the survey,with input from the city (at this point,we envision a
survey of approximately 12-15 minutes in length).
Subtask 3.1f1 -Online Use MindMixer to-allow project participants to rank project priorities,designs,
Engagement w0 Knd submit project comments, share ideas,find out how to stay involved and more,
Mixer Social networking can be used to spread the word and increase participation,
Assumes City will provide Gates with Admiriistration access to their Mindlwfixcr
service.
Subtask 3.11 - Park Review progress and seek input from the Park and Recreation Corrunission at
and (Recreation key milestones,such as Needs Analysis,Draft Recommendations,and Action
Commission Input Plan.
PRODUCTS:
Outreach Plan
Outreach Materials
Stakeholder Interview Summary
Workshop Materials
commurnity Events Boards
Community Summary
MindMixer Materials
Commission Exhibit
Meeting Agendas/Summaries
Website Materials
MEE'T'INGS:
Interviews 4...6
Community Workshops 2
Focus Group 2.3
Advisory Committee 4
GAT E S
,ASSOCBATFS
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WORK.PLAN
Community Events 2-3
Park and Recreation Commission 4
p ecomme
TASK 4 - The objeclive of this task is to vvrk whir the roNmmni�v to do)elo r nda t
io ftarmeeting
RECOMMENDA- current and facture needs.
Ti IONS
Subtask 4.1 -Service 'Review park land acreage standards for residents and employees. Define
Level/Facility "quality"park land
Standards
ldentify facility standards (ballfields,group Picnic,etc.),tailored tca reflect South
San Francisco's unique character and needs.
Refine facility descriptions (i,e,lighted ball field with dugouts vs, practice level
field,or shaded group picnic area with bar-h-que vs, picnic table).
Identify any ratio adjustment factor(joint use,detention use, or use of synthetic
turf. Identify community facility type sq.ft, per Capita standards.
Sub task 4.2 -Vision Considering areas of service shortfalls and the projected impact of fut-ure trends,
Development work with Staff and Advisory Committee to identify service and facilitv priorities,
and opportunities for expansion of park acreages and facilities,and provision of
Programming and services to meet South San Francisco's needs,
S'ubtask 4.3-Site Review previously identified potential park sites and identify additional sites for
Specffic potential acquisition,
Recommendations Criteria for identifyirig a specific site for park use might include,
Relationsivp to adjacent uses
* Links to traits,greenways or other recreation amenities
* Access
* Proximity to under-served populations
* Viability of acquiring site
* Development costs--infrastructure,brownfield cleanup,drainage,etc.
Develop specific recommendations for improvements to existing parks and
facilities to increase usability or reduce operation costs. Also develop
recommendations on:
Increasing Bayshore access / shared public parking
Providing improvements at Sign HIll/Paradise Valley Area to enhance use
Creating linear parks,especially in under-served ate-as Eke Sunshine Gardens
/INlission Road or downtown
Any identified park sites required to accommodate projected growth.
Prepare a matrix and brief analysis identifying the various sites and improvements
potential to meet needs.
PRODUCTS:
Standards and criteria
Vision and goals
Impacts /Benefits Matrix
------ GATEs r "
ASSOCIATES I],
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WORKPLAN
TASK 5 - The objective qf this task is to done steps,pfiorifies and sh-ategiesfor arhzezzng the vision of a
ACTION' PLAN svcces ulpark and recreation�vstenl.
Subtask 5,1 —Parks The City must be able to afford to maintain its parks and facilities.The economic
Cost Analysis analysis and cost recovery analysis-,Nill help to inform.the decisions about
renovations and developments at City parks.This will include: (1)developing
detailed costs for annual operations, maintenance and life-cycle replacement, (2)
developing preliminary fees and charges, (3) analyzing the revenue Potential for
the various options,and(4)identifying the cost recovery potential.
Subtask 5.2- 'I'he.Sports Man-agement Group to perform financial analyses to identify the
Operations and probable operating costs and the revenue potential for proposed park and facility
Maintenance Overview improvements and additions. The analyses will assist the City in its decision-
making by identifying the operations costs of various options,including staffing,
maintenance,utilities,and program related costs. 'The study also includes
identifying the revenue potential for the various options and strategies,including
.restructuring of fees to achieve the city's cost recovery objectives.
Subtask 5.3 - Develop order of magnitude cost estimates for all potential project.,;identified in
Acquisition and vision,including land acquisition;park improvements,soft costs and project
Development Program administration costs based on Master Plan. Create a time.line identifying
priorities and links to funding or other triggers.
Develop a set of prioritized recommendations for maintenance and renovations
based on public input. Prioritize criteria might include:
* perceived urgency of need
* Available City resources
* Project costs (construction,operation)
* Potential revenue generation
* Potential funding sources for project
Establish a projects Est to address the identified needs and/or enhancement,
including;
1% Short-term annual projects that enhance or add uses at existing facilities, or
provide immediate relief to a community or group that is currently
underserved.
0 Long term projects that include major construction and/or acquisition of
new facilities,iricluding discussion of needs,locations,funding and
financing strategies and types of facilities.
Subtask 5A - Funding Assist the City in developing a strategy to pursue identified funding options
Alternatives including establishing nexus between fees and future Park expenditures.
Identif},and summar-Lze funding options including:
Updating Park-In-Lieu-Pees for design,dcvelopment and operation of the
parks and acquisition of appropriate park sites.
Recommendations of park and recreation fees,reservation fees,and service
charges,
Recommendations on current Quimby Act policies and ordinances,
Recommendation for AB 1600 compliant mitigation fee program preferably
a single uniform City-wide fee,or a fee with the smallest number of distinct
fee districts as possible.
GATES
AS 5&C,ATE S
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WO�RKPLAN
A cleat picture of the financial obligations for any deficiencies and available
revenue Sources.
Establish figures for required labor and funding to bring,and maintain all
facilities to approved standards.
Review of current capital funding methods and recommendation foss,any
new or revised sources of revenue,including parcel tax and the
restructuring of landscape maintenance districts.
TASK 16 - The obj rlive qJ'1his task is to inro7pomte Park and Re(,reafion Master-Plan materials ineo a
MASTER PLAN sin
,gle donument avhich, when approved, vill serve as a blu6 i
DOCUMENT pnjr
jofu ture paj.k developme,7t.
Subtask 6.1 — Consolidate materials generated in previous tasks into a summary report,
Administrative Draft including recommendations and graphics. Outline report may include:
Master Plan Report a Executive Summary
* Background (purpose of document,l-iistory of project)
* Community outreach process
* Goals and Objectives (program elements:,conimurlity priorities)
* Research and Analysis findings
* Master Plan Vision
* Master Plan Components
* Implementation strategT (cost estimate,maintenance and operation cost
phasing) (financial plan and action plan) -
Subtask 6.2 -CEQA Prepare an Initial Study Checklist to deterraine Potential environmental impacts
Prepare Initial Study based upon the goals,policies and objectives set forth in the Parks and
Checklist Recreation Master Plan. It is anticipated that the Initial Study would result in the
Preparation Of a (Mitigated) Negative Declaration given that future
improvements and development considered in the new Master Plan would
include an independent CEQA analysis at the time Of anticipated construction.
Subtask 6.3 - Submit administrative draft document to Cit),Staff/Advisory Committee for
Draft Document review and revise accordingly,
Subtask 6.4 - Prepare exhibits and present the draft document and CEQA documents to
Presentation Planning Cointrussion and City Council,
Subtask 6.5 - Revise the draft Master Plan as necessary as a-result of the actions of City
Final Document Council and provide Final Master Plan to City.
MEETINGS:
Planning Con-irnission and City Council 2
PRODUCTS;
Ad Draft,Draft and Final Master Plan Document
Presentation Materials
CEQA Checklist
GATES
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SCOPE—OPTIONAL TASK:
BIOLOGICAL RESOURCE ASSESSMENT*BRA\ FOR SIGN HILL PARK SITE
ThoBRAvxN| entai|: 1) [mitia| maviovvufexisdng |nfonmationomnasomrcemoccunimAintheSigm
Hill Park site vioim�yl� 2\ a field reconnaissance survey of the site and habitat suitability analysis
for special-status species, general mapping of vegetation cover and prominent stands oftarget
|nvasiveapeoioo; and 3) report preparation. The following provides am outline for the scope of
the BRA.
* Collect and review existing information on biotic resources in,the Sign H0| site vicinity.
Information sources will include: environmental documentation for previous EIRmimthe
area,; the San Bruno Mountain Habitat Conservation Plan and subsequent management
plans and reports prepared for San Metoo County; and records on ncomnemnaa of
special-status taxa and sensitive natural communities maintained by the California
Natural Diversity Data Base of the C[)FVV.
w Conduct field neonmma�smanseofthe site. The field effort will bo limited »oa one day
reconnaissance, which should be sufficient to determine the potemhei for any sensitive
resources and allow for confirmation of vegetative cover types on an aerial base of the
site. The survey effort wifl serve to identify vegetation types,wildlife habitat, and any
prominent biological,features, No additional detailed field surveys, such as systematic
surveys for special-statius plants, protocol surveys for specia|-status, animals, detailed
mapping of larval host and nectar plants for endangered butterfly species, or
comprehensive mapping of all stands of invasive species and natural community types
that may ba present on the site. There iem high likelihood that additional surveys may
be necessary to provide a conclusive determination on the presence or absence of
sensitive resources, but the field reconnaissance should be adequate to provide an
overall understanding of the resource issues necessary to provide input'into the planning
process for the Parks and Recreation Master Plan, Recommendations for further
detai]ed mapping and assessment can bemade am part qf the recommendations inthe
BRA to be implemented eafumd'|ng becomes available or specific improvements to Sign
Hill Park are proposed.
* Prepare a technical report for use as the BRA for the Sign Hill Park component of the
Parks and Recreation Master Plan. The report will identify general vegetation types,
wildlife habitat, potential for speciakstatus species, andany other important biotic
features observed during the field reconnaissance. The regulatory framework pertaining
to biological resource will bedescribed in the BRA. /\discussion mfplanning
considerations related to invasive spedes control, habitat protection and enhancement,
and possible permitting implications will be provided, together with recommendations for
further study, onnecessary. This scope does not include preparation ofmdetailed
habitat management plan for special-status species, compensatory mitigation plan if
sensitive natural communities or wetlands are encountered, or resource agency
consultation.
w Provide revisions and responses tm comments om the BRA om part of input into the larger
Parks and Recreation Master Plan, ,4 total of4 hours, io assigned 10 this task,
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EXHIBIT B
This agreement is made as of Date 2012 by and between Da-,id L. Gates and Associates, Inc., (GATES), a
California corporation, and Client. As provided in the Workplan, GATES all provide landscape
architectural services for the following project
SOUTH SAN FRANCISCO PARK AND RECREATION MASTER PLAN
TASK
FEE
South San Francisco Park and Recreatiori Master Plan $148,600
Biological Resource Assessment for Sign Hill Park Site $7,400
Reimbursable Expenses Allowance $4,000
TOTAL
$160,000
FEES FOR WORK:
❑I Fixed Rate. $— ID cimbursables included in fee
Z Hourly not to'exceed: $ 160,000 ❑Reunbursables not included in fee
EJ Hourly,no set maximum (-r&M,I)
GATE s
ASSOCIATES
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-32-
ATTACHMENT I
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT
AND DAVID L GATES AND ASSOCIATES, INCORPORATED
The foLlowirig additional terms and conditions are appended to, and part of,the Agreement for professional
services between David L. Gates and.Associates,Inc,, (GATES),a California corporation,and City of South
San Francisco (Client),dated 10.9-2014,
1. David Gates and Associates,Inc (GATES)will provide the Scope of Services as described. GATES
agrees to perform the services set forth in th-ts agreement,and.Client agrees to pay for said services Oil
the terms set forth in this agreement.
2. Addidonal Services not set forth.in the Scope of Services include,but are not 1-irnited to,changes in the
scope or detail of the work made at the request of Client; services made necessary by unforeseen
conditions not disclosed to GATES at the Tittle of entering into this agreement.2nd any other service
PCTf01'1J1Cd by GATES not reasonably-,within the scope of the setN?ices envisio
ned at the tilne of entering
into this agreement, AE-additions to the scope of work shall be in writing, and executed by the Client.
1 GA'FIE.S's Fees shall be as described in the Scope of Services,plus Expenses. Expenses of consultants
and other direct expenses d)-all be paid by the Client in The amount invoiced to GATES plus ten percent
0%) for handling and indirect costs, 'I"hese tray include,but are not liurited to irrigation ation consultants,
printing and reproduction costs, milcage and travel costs, and other nliscellaneou,,; expenses
4. Addit.ioxialSeii-icrs,requested and authorized by the Chent, shall be paid oil an hourly basis at the
current standard scheduled rates below. GATES's hourly rate schedule may be adjusted on January 1 and
July I of each year and shall apply for any services rendered after that date,
llourin,Fees for Services of. Rate Pet flour:
—4
partner $155,00- $185.00
principal $145,00- $155,00
Senior Associate $100-00- $:11-35.-(O�O
Associate $80-00- $115,00
IrTigation Dcsrgn_�r___.__ $1X00
Visual Corn D
tnunications es' $115,00
.................
—Adinimstrative/Drafter $80-00 -- $95,00
5, Invoices for Services and Reimbursables shall be provided by GATES each month and are payable-upon
receipt. You agree to review the invoice and ask any questions of GATES within tell (10) days of receipt.
If we do not hear from you,the invoice shall be deemed proper and acceptable. If your balance is not
paid within thirty (30) days from receipt,the unpaid balance will accrue interest at ten percent(10%o)per
annum compounded daily until paid in full.
6, GATES reserves the right to suspend work iii the event invoices are past due. GATES may recommence
work when Lill payment is received,including collection costs,aLtorricy fees and other costs,or other
satisfactory,arrangements are rnade with the Client. If a delinquency by Client occurs and GATES
chooses not to suspend work,no waiver or estoppel shall be implied or inferred. Client agrees and
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Exhibit
+AS'SOCIATES LANDSCAPE ARCHITECTURE LAND PLANNING - URBAN DESIGN
EXHIBIT B
SCOPE OF ADDITIONAL SERVICES
SOU'T'H SAN FRANCISCO PARS AND RECREATION MASTER PLAN
Deferred Maintenance .assessment South San Francisco Parks
TASK FEE
Partner with City Staff to identify naalntenance items, and identify costs and strategy to
address them.
1. Inventory $4,000
2. Synthesis $12,000
3. Recommendations $6,000
4. Report $3,000
Reimbursable Expenses Allowance
TOTAL
$25,000
Task 1 —Inventory:
• Work with City Staff to create a checklist for use by maintenance staff to collect information on deferred.
Mani tenarice.items in parks,open space and streetscape maintained by parks department,in a systematic,
consistent manner.
• Conduct a field evaluation of checklist
• Update checklist based on field.evaluation.
Task 2- Synthesis:
• Setup spreadsheets and consolidate maintenance staff inventories (assmrae 40 sates). Identif,areas requiring
additional inspection.
• Reconcile with ALFA report requirements..
• Reconcile with pre% ous budget projections.
• Work,%ith Staff to identify costs associated with each deferred maintenance item to create a deferred
maintenance budget for each park and green space.
'Task 3 -Recorturzendations:
* Prioritize and categorize maintenance items in each park or green space.
Create draft r ecozrunendation for a 5 year deferred maintenance program.
'Task 4- Report:
* Prepare Draft Report;review with Staff.
* Prepare Final Report
Assist in preparing materials for report/presentation to City Council,
GATE S
�} *A550C.JATES `
,.,+.34
Cates +Associates
Scope of Additional Services_South San Francisco Parks and Recreation Master flan
Page 2/3
General Plan Amendment: Section 5.1—larks, Recreation and Opern. Space
TASK
FEE
1, Provide text and graphics to update General Plan $2,000
2. Presentation to Planning Commission and City Council
$1,600
Reimbursable Expenses Allowance
TOTAL $3,600
Task.I ---Provide text and graphics in the format compatible with the City of South San
Francisco's General Flan to update Section 5.1 —Parks,Recreation and Open Space to reflect
the approved content of the 2015 Parks and Recreation Master Plan
Task 2—Prepare materials for presentation to Planning Commission and City= Council;
present General flan Amendment to Commission and Council.
Prepare Two (2) Additional Survey Reports
Prepare Surrey Reports for the Parks and Recreation Master Plan—South San Francisco
Employee Surrey and On-line General Survey
TASKS:
Prepare two survey-reports analyzing and summarizing findings from
- On-line survey of SSF Employees
- On-luae survey of SSF respondents
Phone conference tivith staff to review contents.,if requested
Deliverables:
Electronic copy of Survey Report of SSF Employees
Electronic copy of Suivey Report of On-Line Respondents
TOTAL $1,000
FEES FOR WOM.
n Fixed Rate E]Reimbursables included in fee
Z Hourly riot to exceed: $29,600 ZReimbursableS not included in fee
Hourly,no set maximum ("T&W)
GATES
•ASSOCIATES
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Gates +.Associates
Scope of'Additional Sets,-ices—South Saga.Francisco Parks and Recreation Master Plan
Page 3/3
1. GATES' Fees shall be as described in the Scope of Services,plus Expenses. Expenses of consultants and
other direct expenses shall be paid by the Client in the amount invoiced to GATES S plus ten percent
(1W'c,) for handling and indirect costs. These may include, but are not lin-tited to irrigation consultants,
printing and reproduction costs,n3ileage and travel costs, and other rniscellaneous expenses.
2. Additional Services, requested and authorized by the Client, shall, be paid on an hourly basis at the
current standard scheduled sates below. GATES' hourly rate schedule,may be adjusted on January 1 and
)u1), 1 of each year and shall apple for any services rendered after that date.
Hourly Fees for Services of: Rate Per.Hour:
Partner $155.00 - $1 85.00
Principal x$145.00 - $155.00
Senior Associate $$100.00 - $135.00
Associate $$80.00- $11:1.00
Irrigation Designer $;120.00
Visual Communications Designer $1115.00
Adrrbin strative/Drafter- s80.00 - q oo
GATES
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