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21-0907_GRINDLINE SKATEPARKS, INC._1st Amd to Professional Design Services AgreementPage 1 of 3 AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GRINDLINE SKATEPARKS, INC. 1.Parties and Date. This Amendment No. 1 to the Personal Services Agreement is made and entered into as of this 7th day of September, 2021, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Grindline Skateparks, Inc, a Corporation with its principal place of business at 4619 14th Avenue SW, Seattle, WA 98106 Consultant. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2.Recitals. 2.1 The City and Consultant have entered into an agreement entitled “Personal Services Agreement dated January 19, 2021, (“Agreement”) for the purpose of retaining the services of Consultant to perform design services for the San Juan Capistrano Skatepark Project (CIP 21201). 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the contract not to exceed amount and include additional tasks to the scope of services. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of the Agreement. 3.Terms. 3.1 Amendment. Section 3.1.1 (Scope of Services) of the Agreement is hereby amended in its entirety to read as follows: Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including the revised Exhibit “A” and Attachment 1 to Exhibit “A”attached hereto, and incorporated herein by reference, which expands Page 2 of 3 the project Scope of Services to include trail design and mechanical, electrical and plumbing design services. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. 3.2 Amendment. Section 3.10.1 (Designer’s Compensation for Basic Services) is hereby amended in its entirety to read as follows: City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One Hundred and Ninety-Four Thousand One Hundred and Fifty-Two Dollars ($194,152) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] 61147.02100\24573851.3 Updated March 2019 1 EXHIBIT “A” DESIGNER’S SCOPE OF SERVICES 1.GENERAL REQUIREMENTS. 1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. 1.2 Additional Services. Designer shall perform the following Additional Services for the Project: 1.3 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period.Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City. 1.4 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager. The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager. 2.INITIAL PLANNING PHASE. During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters. 2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget. Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for 61147.02100\24573851.3 Updated March 2019 2 the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget. 2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners. 3.SCHEMATIC PLAN PHASE. During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 3.1 Funding Documents. Designer shall provide a site plan and all other Project- related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project. 3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”).Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction. 3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project. 3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense,Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 61147.02100\24573851.3 Updated March 2019 3 4.DESIGN DEVELOPMENT PHASE. During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval. 4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense,Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”). 4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City. 4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required. 4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project. 5.FINAL WORKING DRAWINGS AND SPECIFICATIONS. During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development 61147.02100\24573851.3 Updated March 2019 4 Documents approved by City. The Final Working 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 architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession.Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings. 5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer. 5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City- requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment.Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense.Designer shall make all City- requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications 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 public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based. 61147.02100\24573851.3 Updated March 2019 5 5.5 Copies of Final Working Drawings and Specifications and Other Documents. Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense,Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 6.CONSTRUCTION CONTRACT DOCUMENTS. During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel. 6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”),Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget. 7.BID PHASE. During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents. 7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project. 7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City. 61147.02100\24573851.3 Updated March 2019 6 8.CONSTRUCTION PHASE. During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer. 8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors. 8.3 Pre-Construction Meeting. Designer shall conduct one or more pre- construction meetings, as the City determines is needed for the Project, with all interested parties. 8.4 Site Visits of Contractor’s Work.Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly. 8.5 Site Visits of Inspector’s Work.Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as -built” conditions, including but not limited to, underground utility lines. 8.6 Coordination of Designer’s Consultants.Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents. 8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project. 8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly. 8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work. 8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project. 61147.02100\24573851.3 Updated March 2019 7 8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. 8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed. 8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents. 8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured. 8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector. 8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept. 8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City. 61147.02100\24573851.3 Updated March 2019 8 8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”).Designer shall notify contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items. 8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City. 8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment. 8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project. Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants. 9.AS-BUILT DRAWINGS. During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct. 9.2 Approval. Once City provides Designer with specific written approval of the As- Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail. 9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion. 61147.02100\24573851.3 Updated March 2019 9 10. WARRANTY PERIOD. During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. WORKPLAN & SCHEDULE 24 TASK 1: PRELIMINARY DESIGN Task 1a Information Gathering: Prior to commencing design, The Design Team will review existing project information (previous, concept, current survey, etc.) and determine if any additional information is needed to complete the design. As part of this task, the Design team will conduct a geotech exploration and prepare a geotechnical report detailing subsurface conditions such as soil classi cation,in-place density,relative compaction,sand equivalency,depth to groundwater,and construction recommendations.If needed,In ltration testing will be setup simultaneously with the eldwork for the geotech.Please see GMU geotech proposal in the appendix for more detail on the geotech scope. Note:the survey included in the RFP is for the site adjacent to the proposed skatepark site identi ed in the RJM concepts Task 1b Project Kick-off Meeting: The Design Team will meet with City Staff (Client) and other relevant Stakeholders (such as the City Council Subcommittee)to discuss and nalize project objectives including scope,schedule and budget.A communication plan will be made to identify preferred communication methods. Key meetings and deliverables will be scheduled and areas requiring coordination such as public meetings,online forums and exchange/review of documents will be identi ed.The discussion will identify any outstanding engineering, construction, or funding issues with the project that need to be resolved during the design of the project. The previous concepts will be reviewed to determine what re nements should be implemented in the new design. Task 1c Site Visit: The Design Team and Client will do a site visit to review the existing conditions, explore opportunities and constraints of the site, evaluate and review current usage of adjacent park facilities and programming spaces to assist in design development. Items such Skatepark Integration,Drainage,and Permitting Requirements will be discussed and solutions proposed for identi ed items. Task 1d Coordination Meeting #1 The Design Team will summarize all information collected in task 1a - 1c in a Project Startup Report and submit for review by the Client. Via phone conference/online meeting, the Design Team and Client will meet to discuss the Project Startup Report and nalize the direction for moving forward with the design of the Skatepark.Solutions will be proposed for any issues identi ed in the Project Startup Report Task 1e Skatepark Concept (30% PS&E):Based on the ndings in the Project Startup Report and direction from the Client,Grindline will develop a Conceptual Design (30% PS & E) and submit for review. This will be submitted in both a plan view with elevations and multiple three-dimensional renderings, and include both the actual skatepark and proposed amenities. The submission will also include a revised Budget document and quantity of material estimates for review. TASK 1 DELIVERABLES Project Startup report addressing the following: • Site Inventory / Analysis identifying site opportunities and constraints • Geotechnical report • Survey (if needed) • Updated Schedule • 30% PS&E including 3d renders, site plan, and updated budget and quantity of material estimates. 30% drawing submittal will be submitted electronically in PDF format as well as hardcopies as speci ed in the RFP TASK 2: CONSTRUCTION DOCUMENTS Cutting edge design and drafting software are important tools for our designers, draftsmen and engineers use to convert concepts into permit ready construction drawings. The latest versions of AutoCAD and Rhinoceros software give us the ability to develop dimensionally correct design concepts from the beginning of design development. Viewing the 3D model alongside a full set of construction documents and technical speci cations give us an opportunity to check adherence to local building codes and engineering requirements.Drawings are produced in ACI, ASTM, CSI, or state organizational formats. We are also well versed with ASTM Section F2334 – Standard for Above Ground Public Use Skatepark Facilities, ASTM F2480 - 06 Standard Guide for In-ground Concrete Skateparks, as well as Skaters for Public Skateparks Public Skatepark Development Guide, the industry’s most frequently used reference publications. All documents will comply with The City of San Juan Capistrano, County of Orange, and American Public Works Association (APWA) standards. EXHIBIT A - ATTACHMENT 1Exhibit A (Attachment 1) Page 1 WORKPLAN & SCHEDULE 25 Task 2a Coordination Meeting #2:Grindline will meet with Client via phone /internet to discuss the 30%PS&E submittal and nalize direction to move forward with 60%PS&E submittal.The nal approved concept will be used to create detailed plans and speci cations for construction and meet any permitting requirements. Task 2b 60% and 90% PS&E Submittal: The Design Team will submit 60% and 90% PS&E documents electronically in PDF format as well as paper hardcopies as speci ed in the RFP.It is our understanding that this project will be a priority project so a WQMP will be required. Please see Rick Engineerings scope in the appendix for more details on Civil/Stormwater scope These submittals will include (but are not limited to) the following deliverables. Task 2c & 2d Coordination Meetings #4 and #5: After each submittal, the Design team and Client will meet via phone / internet to have a “page turn” review of the submittal and gather feedback and direction on revisions to be included in the next submittal. Task 2c 100% PS&E Submittal: The Design Team will submit PS&E documents electronically in PDF format as a plan check set. The Design Team will incorporate any comments regarding the Plan Check Set and submit the following as the nal 100%PS&E set. • One (1) Final Corrected plan (100% submittal) on 24” X 36” double matte 4 millimeter Mylar sheets •One (1)master set of bound speci cations per the latest City speci cation format, •One (1)digital/electronic (CD-ROM)project PS&E set.AutoCAD les of all project documents.Any additional topographic survey work performed and nal plans shall be compatible with the City’s Computer Aided-Design standard format/system. • Engineer’s estimate with detailed breakdown of all project elements TASK 3: CONSTRUCTION SUPPORT SERVICES Task 3a Bid Assistance: The Design Team will attend the pre-bid meeting is available to respond to any RFI’s during bidding. Preparation of an addendum shall be completed by the Design Team and reviewed/approved by the City if required. Task 3b Construction Support: The Design Team will attend the pre-construction meeting and conduct site visits/ eld inspections during construction.Each eld visit/inspection would be followed up with a eld report and digital photos noting any items needing correction,as well as general comments based on the eld visit.An onsite inspection would be given upon substantial completion and the Design team would produce a report listing all punchlist items to be completed prior to acceptance of the project. The Design Team will also complete the following services during construction. • Attend pre-construction meetingf. • Review and approve all required shop drawings and submittals. • Field report for each site visit • Punchlist report • Review all payment requests for the project to ensure project completeness. • Review and assist any change orders that may come up in the project. • Prepare and deliver as-built plans of the project at the conclusion of the construction. • Provide a copy of all records to the Client • Site Plan & Details • Grading Plan • Erosion Control Plan • Drainage Plan • Stormwater reports • Skatepark Materials Plan • Skatepark Vertical Controls • Skatepark Horizontal Controls • Landscape and Planting plan • Skatepark Jointing Plan • Skatepark Sections • Skatepark and Site Details •Technical Speci cations • Final cost estimate • Final quantity of materials estimate for skatepark Lighting scope to include: photometrics for the facility, identification of light pole locations, conduit runs and sleeving locations on construction plans, and identify preliminary location for transformer on construction plans. Exhibit A (Attachment 1) Page 2 Exhibit A (Attachment 1) Page 3 WORKPLAN & SCHEDULE27IDTask ModeTask NameDurationStartFinish1Project Award1 dayMon 12/7/20Mon 12/7/202DESIGN136daysMon12/14/20Mon6/21/213Acquire project information (geotech, etc.)20 daysMon 12/14/20Fri 1/8/214Kick-Off Meeting0.5 daysMon 1/11/21Mon 1/11/215Site Visit0.5 daysMon 1/11/21Mon 1/11/216Submit Project Startup report0 daysMon 1/11/21Mon 1/11/217Coordination Meeting #11 dayTue 1/12/21Tue 1/12/218Develop 30% PS&E25 daysWed 1/13/21Tue 2/16/219Submit 30% PS&E 0 daysTue 2/16/21Tue 2/16/2110City Review5 daysWed 2/17/21Tue 2/23/2111Coordination Meeting #21 dayWed 2/24/21Wed 2/24/2112Develop 60% PS&E25 daysThu 2/25/21Wed 3/31/2113Submit 60% PS&E 0 daysWed 3/31/21Wed 3/31/2114City Review5 daysThu 4/1/21Wed 4/7/2115Coordination Meeting #31 dayThu 4/8/21Thu 4/8/2116Develop 90% PS&E25 daysFri 4/9/21Thu 5/13/2117Submit 90% PS&E 0 daysThu 5/13/21Thu 5/13/2118City Review5 daysFri 5/14/21Thu 5/20/2119Coordination Meeting #41 dayFri 5/21/21Fri 5/21/2120Develop Plan Check Set10 daysMon 5/24/21Fri 6/4/2121Submit Plan Check Set0 daysFri 6/4/21Fri 6/4/2122City Review5 daysMon 6/7/21Fri 6/11/2123Coordination Meeting #51 dayMon 6/14/21Mon 6/14/2124Submit 100% Construction Documents0 daysMon 6/14/21Mon 6/14/2125Final Design Approval5 daysTue 6/15/21Mon 6/21/2126CONSTRUCTION127daysTue6/22/21Wed12/15/2127Bidding20 daysTue 6/22/21Mon 7/19/2128Contractor award15 daysTue 7/20/21Mon 8/9/2129Pre-construction Meeting1 dayTue 8/10/21Tue 8/10/2130Skatepark Construction85 daysWed 8/11/21Tue 12/7/2131Punchlist5 daysWed 12/8/21Tue 12/14/2132Final Project Acceptance1 dayWed 12/15/21Wed 12/15/21Exhibit A (Attachment 1) Page 4 ACTION Sports Design, LLC | 1801 E 51st St, Unit 365-500 | Austin, TX 78723 | ph: 1.512.221.8036 !Action Sports Design/ Development !Skateparks/ Plazas !Bike Parks !Construction Management ABOUT ASD ACTION Sports Design, LLC (ASD) is an International landscape architecture firm specializing in planning, design, engineering and construction services for progressive public and private Skatepark Environments. ASD and its founder Mike McIntyre, PLA, ASLA hold the largest, most notable portfolio of experience related to Skate, BMX, Bike and Action Parks worldwide with over 40 California premium skatepark environments completed and 250 skateparks worldwide. ASD is an artistic, functional and knowledge-based firm developed to focus on the core interest of the community, socio impact and environments in which we recreate and express oneself. ASD will seamlessly join the Grindline Skateparks team as lead CA Landscape Architect from concept to completion as we offer expertise in house for planning, design, Landscape Architecture (licensed PLA in over 26 states), construction documents and construction services (licensed general engineering contractor). We will provide review of plans, stamping all sheets except civil/ structural, as well as providing site improvement plans, planting, and irrigation plans. Our team is educated, licensed, insured (2M) ready to meet the needs and standards the client and community demands. We approach every project with special attention to site sustainability, energy and water efficiency, use of renewable resources, reduced operations and maintenance costs, minimal impact to the environment. With ASD on your side, you can expect your project to be functional, creative, on time and within budget. Our firm’s prior location was Carlsbad, CA with intimate knowledge of the San Juan Capistrano skatepark project over the years. We have now centrally located in the heart of the action sports industry of Austin, TX where our roots, connections and design charrettes go beyond the communities in which we work. However, we are working on several projects in Southern California at any given time such as Nipomo, CA Skatepark and more. We look forward to making your next project a successful reality! Sincerely, Mike McIntyre, PLA, ASLA President/ Founder Exhibit A (Attachment 1) Page 5 36 Discovery, Suite 240 Irvine, California 92618 (949) 588-0707 ickengineering.com IRVINE SAN D I GO IV ID AC AM N O SAN U I O I O H O NI U C ON October 23, 2020 Mr. Micah Shapiro Grindline Skateparks, Inc. 4619 14th Avenue SW Seattle, WA 98106 SUBJECT: SAN JUAN CAPISTRANO SKATE PARK PROJECT, SAN JUAN CAPISTRANO, CA PROPOSAL Dear Mr. Shapiro: Pursuant to your request, we are presenting this proposal for civil engineering design services on the subject project. In general, the project is a design-build skatepark in the City of San Juan Capistrano. The skate park will be located adjacent to the San Juan Capistrano Sports Park. It is our understanding that the project will be a 22,000 sf, custom concrete skate park. Our understanding of the project is based on a Request for Proposal from the City of San Juan Capistrano and subsequent e-mail from you on October 7th. We will perform the following civil engineering and land surveying services for the compensation described below: SCOPE OF WORK A. Topographic and Utility Base Map: 1) Perform a topographic survey by field measurement, as required, to establish existing tops and toes of perimeter slopes, horizontal and vertical location of existing curbs, sidewalks, edge of pavement, above-ground utility appurtenances and invert elevations of storm drain structures in the vicinity of the subject project (approximately 1.0 acres). For this item one (1) day of a 2-person survey crew is assumed. 2) Research available public records to identify and plot existing storm drain and other utilities in the vicinity of the project. Specifically excluded from this agreement is any subsurface or geophysical locating of utilities. 3) Prepare topographic and utility base map from the items above in an AutoCAD format. Exhibit A (Attachment 1) Page 6 Mr. Micah Shapiro, Grindline Skateparks, Inc. San Juan Capistrano Skate Park Project, San Juan Capistrano, CA Page 2 of 13 October 23, 2020 Proposal Rick Engineering Company B.Design Development: Assist the Client with drainage recommendations during the conceptual design phase of the project. Included in this item are preliminary calculations to estimate the required size of the biofiltration basin and other BMPs. Also included in this item is general consultation related to civil engineering aspects of the project. C.Civil Engineering Construction Plans: 1. Precise Grading Plan: Prepare a precise grading plan for the skate park area based on a layout provided by the Client. Said plan will depict proposed contours, tops/toes of slopes, and modular building/parking layout. The plans will also show necessary details and site sections. It is assumed that no retaining walls will be required for the project, therefore retaining wall profiles or preparation separate retaining wall plans is excluded from this agreement. Where the client’s site layout indicates an ADA path of travel, the site will be designed to meet current California Title 24 requirements. Also included in this item is one (1) earthwork analysis to estimate the grading quantities and attempt to achieve a balanced site. Included in this item will be horizontal and vertical control necessary for construction staking of the graded slopes and on-site improvements (i.e. paved walkways, retaining walls, and storm drain). Horizontal control will be delivered in a graphical coordinate based AutoCAD (.dwg) file. It is unknown at this time if a storm drain connection or any other improvements in Camino Del Avion will be required, therefore, excluded from this agreement is preparation of any separate plans for work in the Public Right-of-Way. Excluded from this agreement is preparation of any site lighting plans or photometric analysis. It is assumed for the civil engineering documents that the specifications will be shown on the plans only (not book format). It is assumed that a separate grading permit will not be required. If it is later determined that a grading permit is required, Rick Engineering can prepare and process the necessary documents for an additional fee. 2. Storm Drain Plan: Prepare one storm drain plan for the project’s on-site private storm drain system and storm water BMPs as identified in the project’s SWQMP. It is assumed that the site layout provided by the client will include adequate space for the necessary biofiltration basin(s). It is assumed that the downstream storm drain system will be adequate to convey the flows from this site and that no design or analysis of any downstream system or Exhibit A (Attachment 1) Page 7 Mr. Micah Shapiro, Grindline Skateparks, Inc. San Juan Capistrano Skate Park Project, San Juan Capistrano, CA Page 3 of 13 October 23, 2020 Proposal Rick Engineering Company pumping system will be required. Included in this item will be details for the proposed storm water treatment devices. Planting and irrigation details for the biofitration basin will be provided by the project’s landscape architect. Said plan will be provided to the client for inclusion in building permit set for permit processing. 3. On-site Erosion Control Plan: Prepare one on-site erosion control plan to show temporary BMPs along with necessary details for a single phase of construction. For Item B, the following assumptions are being made: •Design of any vehicular pavement sections will be provided by the geotechnical consultant. •The architect’s site plan will provide adequate space for bio-filtration basins as needed to store and treat the storm water runoff from the site. •No work will be needed in the public Right-of-Way. •A limited number of revisions will be made by the client and other consultants. •Any required traffic control plans will be prepared and processed by the contractor Excluded from this item are the following: •Any design or plan preparation or processing of domestic water, fire laterals or sanitary sewer laterals. •Any design or plan preparation or processing of dry utilities such as electrical, telephone, cable TV or gas. •Preparation or processing of any structural plans for items such as skate facilities, retaining walls, freestanding walls, trash enclosures, light standards and/or underground vaults. •Signing and striping plans (except for ADA purposes) •Architectural site plan (i.e. ADA path of travel, parking counts, fire access). •Site lighting plans. •Water Network Analysis •Sanitary Sewer Study •Separate plans for a grading permit •Separate plans for a Right-of-Way permit •Traffic control plans •Structural design, calculations or detail plans Exhibit A (Attachment 1) Page 8 Mr. Micah Shapiro, Grindline Skateparks, Inc. San Juan Capistrano Skate Park Project, San Juan Capistrano, CA Page 4 of 13 October 23, 2020 Proposal Rick Engineering Company D. Storm Water Reports: For this item it is assumed that the project will propose new or replaced impervious areas that will exceed 10,000 sf and require more than one (1) acre of soil disturbance. 1) Prepare one (1) Drainage Study Letter Reportto be used for the engineering design of the on-site conveyance of flows through the site to the downstream edge of the project boundary. This study will include the identification of drainage patterns with respect to balancing drainage areas to mimic pre-project conditions. Included in this effort is the preparation of on-site rational method hydrology for both pre-project and post-project conditions, preliminary layout of drainage swales, drainage study maps (pre-project and post-project), and the letter report. 2) Detention Analysis: It is anticipated that the post-project impervious area will be more than the pre-project impervious area, and thus the project design peak flow rate will increase, and detention for flood control purposes will be required. A detention analysis will be performed in support of the detention measure design for the project. The analysis will compare the pre-project, post-project, and post-project mitigated flow rates project in order to demonstrate that the post-project mitigated peak flow rate will be less than the pre-project peak flow rate. The analysis will be performed in accordance with the Orange County Hydrology Manual for the 10-year, 25-year, and 100-year frequency storm events. It is assumed that a single detention vault system will be used to mitigate peak flow rates for the project. The methodology and results of the detention analysis will be incorporated into the Drainage Study Letter Report. 3) Prepare one (1) Priority Project Water Quality Management Plan (WQMP) in accordance with the County of Orange’s Technical Guidance Document (TGD). The WQMP will be prepared to address the requirements for permanent storm water best management practices (BMPs) throughout the project including Source Control and Site Design requirements and Storm Water Pollutant Control BMPs. Included in this item are calculating on-site water quality treatment volumes in order to design pollutant control BMPs, selecting and sizing appropriate pollutant control BMP(s), and providing a WQMP Exhibit showing the project site and location of permanent BMP(s). The report will also include an Operation and Maintenance Plan (OMP) for the permanent BMPs in both a text format and in a tabular format for inclusion on the plans. Feasibility of infiltration BMPs and harvest and reuse BMPs will be assessed pursuant to the requirements of the 2013 MS4 Permit and the TGD; however, a geotechnical engineer will need to address the infiltration feasibility. This scope assumes one infiltration system or biofiltration BMP will be utilized to meet pollutant control obligations. Since the site drains to the San Juan Creek Channel, Hydromodification Management should not be required. Therefore, HMP analysis and design are excluded from this agreement. Exhibit A (Attachment 1) Page 9 Mr. Micah Shapiro, Grindline Skateparks, Inc. San Juan Capistrano Skate Park Project, San Juan Capistrano, CA Page 5 of 13 October 23, 2020 Proposal Rick Engineering Company 4) Prepare one (1) Storm Water Pollution Prevention Plan (SWPPP) based on the requirements of the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ NPDES No. CAS000002 (adopted September 2, 2009). The scope and fee for the SWPPP includes two major tasks. The first task will be conducted to determine the Risk Level (either Risk Level 1, 2 or 3) for the project. The next task will be to prepare a SWPPP for the specific Risk Level determined by the Risk Determination Analysis. This task will include the preparation of a Notice of Intent (NOI) on the Storm Water Multi Application Report Tracking System (SMARTS) database. The Legally Responsible Person (LRP) must designate Rick Engineering Company as a Data Entry Person to upload the NOI, SWPPP, and Site Maps. The LRP must electronically certify and submit the NOI, SWPPP and Site Maps to the SWRCB’s SMARTS system along with the other Permit Registration Documents (PRDs) (such as filing fees and certifications that are submitted by the LRP). Rick Engineering Company will act as the initial Qualified SWPPP Developer (QSD) for the preparation of the SWPPP, however the LRP will assign a QSD/Qualified SWPPP Practitioner (QSP) for implementation of the SWPPP throughout the life of the project. It should be noted that since the adoption of the Construction General Permit 2009-0009- DWQ, interpretations and guidance on specific requirements are still being released. In addition, it is anticipated that a reissued Draft Construction General Permit will be released in 2021. Therefore, amendments to the SWPPP based upon new guidance or regulations may be required and is not included in this scope and fee. E. Construction Cost Estimate: Prepare one (1) construction cost estimate for civil engineering related items base on final plans. F. Consultation, Meetings and Construction Support: Provide consultation, meetings and miscellaneous services as requested by the Client. Labor for this item will be charged on a Time & Materials (T&M) basis per our current schedule of hourly rates. Included in this item may be: •Attend meetings with the Client, City staff, and/or other project consultants (including travel time to and from meeting location) •Assist the Client in the review of civil engineering related items during construction ( review of submittals, schedules, shop drawings, requests for information) •Preparing BMP and/or grading certifications •Preparation of as-built drawings based on markups from the contractor and/or inspector. Exhibit A (Attachment 1) Page 10 Mr. Micah Shapiro, Grindline Skateparks, Inc. San Juan Capistrano Skate Park Project, San Juan Capistrano, CA Page 6 of 13 October 23, 2020 Proposal Rick Engineering Company Exhibit A (Attachment 1) Page 11 26461 Rancho Parkway South, Lake Forest, CA 92630 949.916.3440 www.spirestructures.com Professional Fee Proposal Date:October 20, 2020 Proposal No: 20SPR096 Client:Grindline Contact:Micah Shapiro Project Name:San Juan Capistrano Skate Park Reference No:______ Location:San Juan Capistrano, CA Scope of Services:Provide structural engineering services for the design of cast-in-place concrete bowls at a new ± 22,000 square feet skate park. Scope includes: Structural general notes to be provided to Grindline for them to incorporate into their drawings. Respond to City plan check comments. Construction administration (review submittals and remote RFI support). Assumptions and Qualifications: Site visits are excluded. Geotechnical report to be provided prior to design. Entrance archway is excluded. Retaining walls are excluded. Miscellaneous reimbursable expenses (subject to 15% mark-up):Postage and printing (In-house plotting will be billed at $0.60 per square foot). Notes:Additional structural consultation, construction administration and/or structural observation services can be provided on a time-and-material basis at the hourly rates per Table 1 below. Deliverables:Signed calculations and drawing markups. Schedule: Special Conditions:Construction documents will be prepared with the information available during design. It should be noted that unknown existing conditions can cause alterations to the design during construction which may incur additional fees. Offered by:Accepted by (Client): (signature)(date) Alexandros Bletsos, SE 5659 Micah Shapiro, CEO Principal, Spire Structural Engineering Inc.Grindline Skateparks, Inc. Table 1 Hourly Rates Position Hourly Rate Principal $205.00 Project Manager $175.00 Project Engineer $150.00 Engineer $120.00 Senior Drafter $110.00 Drafter $100.00 Clerical $60.00 Exhibit A (Attachment 1) Page 12 Exhibit A (Attachment 1) Page 13 Exhibit A (Attachment 1) Page 14 Exhibit A (Attachment 1) Page 15 Prepare one (1) set of construction documents for the trail. Plans will be prepared using the City’s Engineering Department title block and format (24”x36” format). Included in the following items will be horizontal and vertical control necessary for construction staking of the graded slopes, and trail surface. Horizontal control will be delivered in a graphical coordinate based AutoCAD (.dwg) file. A conceptual plan will be provided at 30% completion for City review, comment, and input on the ultimate trail design features. Once input has been received from the City, will prepare the final project plans, specifications and estimates. Trail plans will be prepared and processed as a component of the skate park plan set. 1.Precise Grading Plans: Prepare 10 scale precise grading plans for the construction of the trail. Said plan will depict proposed contours, tops/toes of slopes, the limits of clearing and grubbing, trees and shrubs that need to be protected during construction, spot elevations, and trail layout. The plans will also show necessary details and cross sections. Included in this item is one (1) earthwork analysis to estimate the grading quantities. It is assumed that structural section of the D.G. trail will be provided by the geotechnical consultant or City. 2.Erosion Control Plan: Prepare one (1) erosion control plan to show temporary construction BMPs along with necessary details for a single phase of construction. 3.Quantity Cost estimate: Prepare a bid quantity estimate in the format required by the City of San Juan Capistrano. Said estimate will be prepared for the quantity purposes only; the cost estimate portion may not reflect the true construction cost of the project. Unit costs will be per the City’s unit price list or similar recent projects from our or others files. Process the plans, and estimate documents described above through the City of San Juan Capistrano for PS&E approval. Included in this item is correspondence with plan reviewers and preparation of written responses to plan check comments. Updated plans, estimate, and response to comments will be provided to Grindline for processing with the overall skate park plan set documents. Included for the portion of the work is 16 hours. Provide consultation and miscellaneous services as requested by the Client may include: consultationwith the Client,City staff,contractor orother projectconsultants attendance atperiodic teammeetings preparingmeetingminutes/agendas preparingmiscellaneous exhibits ordocuments requiredsitevisits revisions to the documents described in the above scope of work after work has been started. Wehaveincluded6hours for this task. FEE Exhibit A (Attachment 1) Page 20 EXCLUSIONS Not included in either the above scope of work or fee are services which may be necessary for the following items: 1.Entitlement Documents 2.Environmental Engineering. 3.Geotechnical Engineering 4.Landscape Architecture 5.Structural Engineering 6.Retaining wall plans/design 7.Site lighting plans 8.Traffic Engineering 9.Electrical Engineering 10.Storm water analysis and/or reports other than specifically identified in the above scope of work (drainage study, WQMP, SWPPP, etc.) 11.FEMA reports (i.e. CLOMR, LOMR, LOMA, etc.) 12.Processing through any Resource Agency (FEMA, RWQCB, CDFW, ACOE, etc.) 13.Construction Staking 14.Construction cost estimate 15.Survey Mapping (i.e. lot line adjustments or Right of Way / easement dedications) 16.Any design or plan preparation or processing of dry utilities such as electrical, telephone, cable TV or gas 17.Potholing services and/or surveying services to locate underground utilities 18.Agency, utility company or title company fees Exhibit A (Attachment 1) Page 21 All printing, title company fees, soils reports, mileage, deliveries, blueprinting and miscellaneous expenses are excluded from this agreement and will be charged to the Client at the cost incurred by Rick Engineering Company. This work will be performed in conjunction with our contact dated February 21, 2021. All other provisions of the original contact are to remain unchanged. If you would like us to proceed with the above described work, we ask that you please sign and return this agreement as our written authorization. If you have any questions regarding this agreement, please contact either Dan Burk, PE, or me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincerely, RICK ENGINEERING COMPANY Barry J. Cowan RCE # 46568, Exp. 6/30/23 Associate Principal – Office Manager Attachment: Exhibit 1, Proposed trail location APPROVED BY: Signature Date Exhibit A (Attachment 1) Page 22 Exhibit A (Attachment 1) Page 24 Exhibit A (Attachment 1) Page 25 Exhibit A (Attachment 1) Page 26 Exhibit A (Attachment 1) Page 27 Exhibit A (Attachment 1) Page 28 Exhibit A (Attachment 1) Page 29 Exhibit A (Attachment 1) Page 30 Exhibit A (Attachment 1) Page 31 Exhibit A (Attachment 1) Page 32 Exhibit A (Attachment 1) Page 33 Exhibit A (Attachment 1) Page 34 Exhibit A (Attachment 1) Page 35 Exhibit A (Attachment 1) Page 36 61147.02100\24573851.3 Updated March 2019 EXHIBIT “B” FEE SCHEDULE 1. FEE SCHEDULE. Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from the City. 1 2 4