PROSPECTIVE CONSULTANTS

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1 TO: PROSPECTIVE CONSULTANTS SUBJECT: REQUEST FOR PROPOSALS STRUCTURAL INSPECTIONS FOR THE FISHING PIER AT POINT PINOLE REGIONAL SHORELINE, RICHMOND, CA AND ARROWHEAD MARSH BOARDWALK AT MARTIN LUTHER KING JR. REGIONAL SHORELINE, OAKLAND, CA Dear Prospective Consultant: The East Bay Regional Park District hereby requests proposals from your firm for the provision of consultant services necessary to generate structural condition assessments, repair recommendations, budgetary repair estimates and recommendations for frequency of future inspections for both structures mentioned above. To expedite the contracting process, a copy of our standard Contract for Services is enclosed so that prospective consultants may familiarize themselves with the agreement and determine their ability to comply with the District s standard insurance requirements. Please review the Contract for Services (see Exhibit C ), note any items that you cannot comply with, indicate what insurance coverage you have in each category, and return the form with your Proposals. Both sites are open to the public and available for inspection during regular park hours, dawn to dusk. At Point Pinole, it is an approximate 2-mile walk to the pier. Please call John Hitchen at (510) to drive your own vehicle to the pier. For additional information or to arrange to meet Park District Personnel on site, call Audrey Som at (510) , or asom@ebparks.org. SITE AND PROJECT DESCRIPTION Site 1: Point Pinole Fishing Pier Point Pinole Regional Shoreline is located along the City of Richmond's northern shoreline, adjacent to the San Pablo Bay in Contra Costa County. Point Pinole is a popular destination for outdoor recreation and enjoyment and provides opportunities for hiking, biking, picnicking, and fishing. The fishing pier site is at the north end of Point Pinole Regional Shoreline Park. (see Exhibit A Site Map). The concrete fishing pier is 18 feet wide by 1200 feet long with a 105 feet wide by 26 feet long T at the out board end. Concrete curbs and timber handrails run continuously along the pier perimeter. The only pier utility is water service to the fish cleaning table and drinking fountain. Site 2: Arrowhead Marsh Boardwalk Martin Luther King Jr. Regional Shoreline (formerly called San Leandro Bay Regional Shoreline) is located next to the commercial bustle of Oakland International Airport.

2 Arrowhead Marsh is a wetlands habitat made of tidal mud flats in Martin Luther King Jr. Shoreline. It is a stopover on the Pacific Flyway and is part of the Western Hemisphere Shorebird Reserve Network. Arrowhead Marsh offers hiking and biking trails, a kayak launch and picnic area, and a boardwalk bird-watching. (see Exhibit B Site Map). The V shape timber boardwalk is about 8 feet wide by 300 feet long with two 14.3 feet wide observation deck sections at the turning point of boardwalk and at the out board end. Timber handrails run along the boardwalk perimeter for the first 56 feet of boardwalk. 3x4 timber curbs run along the rest of the boardwalk perimeter. SCOPE OF SERVICES Consultant Services:.1 Obtain all base information by visiting both sites..2 Generate inspection plans and schedules for both structures..3 Conduct onsite inspections with appropriate tools and equipment..4 Generate a condition assessment reports for both structures. Reports must be stamped and signed by a structural engineer. Both Reports shall consist of the following contents: Structure Layout Plan and Typical Cross Sections Field Observations, Field notes, and Photographs Structural Conditions and Significance Condition Summary Plan Repair Recommendations Cost Estimate for Repairs Recommendations for Future Inspection Frequency The Park District will provide Consultant with:.5 Point Pinole Fishing Pier Sheets 3 to 8 by Dames & Moore, San Francisco, CA dated 11/24/76..6 Fishing Pier Repairs, Point Pinole Regional Shoreline Sheet 1, by Charles L. Rauw dated 8/9/00.

3 .7 San Leandro Bay Regional Shoreline Phase 1 & Phase 2 Sheet 1 to Sheet 10 by Frederick Sena & Associates dated 6/26/80. CONSULTANT DELIVERABLES At the completion of the project, the Consultant will deliver to the Park District: Reproducible copy of the condition assessment reports on CD Two hard copies of the draft reports for review and comment Two hard copies of the final reports FORM AND CONTENT OF PROPOSALS To simplify the review process we request a proposal organized in the following manner: 1. Transmittal Letter 2. Overview and Summary: A detailed description of the approach to be taken to complete the tasks outlined in the Scope of Services. 3. Staffing: Description of how the project will be staffed including the names and qualifications of key personnel and any sub-contractors who will work on the project, and the names of and the amount of work key personnel and sub-contractors will be responsible for. (Resumes for all personnel should be included in an Appendix.) Staffing assignments should be specific enough to demonstrate understanding of the skills required and commitment of proper resources. No staffing substitutions shall be made without Park District approval. 4. Similar Projects: Provide a short description of previous projects, which demonstrate your qualifications for this project. Provide client references from projects (underway or completed, preferably projects which can be visited for review) for which your team has performed services similar to those described in this RFP. 5. Cost Proposal: This section should provide a full description of the expected costs for the work described in this RFP. This information should allow the determination of the expenditure distribution between various components of the project, and the work breakdown by key personnel or sub-consultants. Proposals should include a fee schedule for professional services and be based on billing time and materials with a maximum lump sum fee for each structure, which will not be exceeded. 6. Proposals must bear the signature of a principal in the firm. 7. Four (4) copies of this proposal must be received by the Park District on or before September 27, 2013, 5:00 p.m., to be considered. Send proposals to:

4 East Bay Regional Park District Attn: Audrey Som, Design Manager 2950 Peralta Oaks Court Oakland, CA TENTATIVE CONSULTANT SELECTION SCHEDULE Proposal Due September 27, 2013, 5:00 p.m. Park District to Announce Short List October 4, 2013 Park District to Interview all October 18, 2013 Consultants on Short List Tentative Date of Award of Contract by November 5, 2013 Board (Providing Contract for Services is in Agreement to Park District and Consultant) TENTATIVE WORK SCHEDULE Field Investigation November 18, 2013 Draft Report December 23, 2013 Final Report February 10, 2014 SELECTION CRITERIA Consultant selection shall be based upon: The approach to completing the tasks involved in the Scope of Services. The experience of the Consultant with previous projects of a similar type, complexity, and scale. Ability to meet schedule. COMPENSATION Compensation for consulting services shall be based on the Consultants current fee schedule of professional services (including expenses), not to exceed a maximum lump sum. Consultant shall submit: 1. A fee schedule for professional services. 2. The maximum lump sum fee for consulting services to complete the Scope of Services as outlined herein.

5 REJECTION RIGHTS All firms are hereby notified that the selection of a consultant for this project and any agreements for services resulting from this Request for Proposals are dependent upon the approval of the East Bay Regional Park District Board of Directors. The Park District reserves the right to reject any and all submittals or to resolicit if it is deemed to be in the public interest. COST OF RESPONSE PREPARATION No reimbursement will be made by the Park District for any cost incurred by a prospective Consultant for the preparation of a response to this Request for Proposals. Enclosures: Exhibit A - Point Pinole Regional Shoreline Park Map Exhibit B Martin Luther King Jr. Regional Shoreline Park Map Exhibit C Class D Contract for Services Sample Exhibit D Point Pinole Fishing Pier Sheets 3 to 8 by Dames & Moore, San Francisco, CA dated 11/24/76. Exhibit E Fishing Pier Repairs, Point Pinole Regional Shoreline Sheet 1, by Charles L. Rauw dated 8/9/00. Exhibit F San Leandro Bay Regional Shoreline Phase 1 & Phase 2 Sheet 1 to Sheet 10 by Frederick Sena & Associates dated 6/26/80.

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7 Slough OAKPORT ST. 66th AV. AC TRANSIT #98 OAKLAND EDES AV. HIGH ST. TIDEWATER AV. TIDEWATER BOATING CENTER KAYAK/CANOE LAUNCH FERNSIDE BL. LEGEND OTIS HIGH ST. LESSER ST TIDEWATER STAGING Multiuse Paved Trail San Francisco Bay Trail.16 Mileage Between Points Paved Road Creek Parking Information Water Restroom Wheelchair Access Phone Picnic Reservable Picnic Boat Launch Marsh Bus Stop 0 1/8 1/4 Mi. Mileages Courtesy Hal McDonald North ALAMEDA DR. FERNSIDE BL. 61 East Creek Slough DAMON PEDESTRIAN/ BIKE BRIDGES SHORELINE PARK MARSH VETERANS CT. ISLAND DR. TRAIL SAN FRANCISCO BAY TRAIL DOOLITTLE PEPPERMINT GATE OAKLAND SPORTS COMPLEX.84 San Leandro Bay MEMBERSHIPS The Regional Parks Foundation offers memberships to park users. For info see or call (510) IN ORDER TO REDUCE OR PREVENT THE RISK OF SERIOUS HEAD INJURY OR DEATH, STATE LAW REQUIRES THAT ALL BICYCLISTS UNDER AGE 18 WEAR AN APPROVED HELMET WHILE RIDING ON TRAILS AND ROADWAYS. THE DISTRICT ALSO STRONGLY RECOMMENDS THAT ALL EQUESTRIANS AND BICYCLISTS WEAR HELMETS AT ALL TIMES. Model Airplane Field (City of Alameda) DRIVE WILDLIFE SANCTUARY Doolittle Pond ZHONE WY. HARBOR BAY PARKWAY Chuck Corica Municipal Golf Complex Damon WILDLIFE SANTCUARY Marsh ZHONE WAY/66TH AVE. ART INSTALLATION Damon Airport Channel Zhone Wetland Edgewater Seasonal Wetland DAMON SLOUGH STAGING GARRETSON POINT STAGING NATIVE PLANT NURSERY GARRETSON POINT RESTRICTED WAKE AREA NO BOATS OR JET SKIS.71 Arrowhead Marsh HASSLER WAY TRAIL OBSERVATION TOWER.51 ELMHURST STAGING KAYAK/CANOE LAUNCH RESTRICTED WAKE AREA NO BOATS OR JET SKIS DISABLED ACCESS in the park includes parking, curb cuts, paved trails, fishing access, restrooms, drinking fountains, and a marsh overlook platform. KAYAK/CANOE LAUNCH DOOLITTLE STAGING AC TRANSIT #98 DOOLITTLE TRAIL PELICAN BLUE HERON Elmhurst Creek ELMHURST CREEK TRA L TERN BUFFLE HEAD RAIL SHORELINE CENTER Rental facility, ADA accessible. Caterer list, viewing times available. Info: (510) or OAKPORT STREET EDGEWATER PARDEE LN Fishing Dock EGRET PLOVER BOAT LAUNCH LANGLEY ST 880 WAY ROLAND 1.03 DRIVE CAPWELL DRIVE SAN LEANDRO CREEK TRAIL EAST KING FISHER Fishing Dock San Leandro Creek New Marsh ARROWHEAD WETLANDS RESTORATION In 1998 one of the East Bay s most significant wetlands restoration projects was completed at Martin Luther King Jr. Regional Shoreline, which restored tidal flow to 71acres of tidal and seasonal wetlands that had been filled in the mid 1980s. The project was a cooperative effort of the Park District, the Port of Oakland, the Golden Gate Audubon Society, the U.S. Army Corps of Engineers, and San Francisco Bay Regional Water Quality Board, all in partnership with Save San Francisco Bay Association, the Sierra Club, and Citizens for Alameda s Last Marshlands. The project resulted in recolonization of native plants and the return of many species of birds. Thousands of migrating birds have returned to the marsh annually to SEASONAL PONDS.87 MARSH TRAIL BUOYS MARK THE CHANNEL WATCH FOR UNMARKED HAZARDS LEET DRIVE PARDEE SWAN HEGENBERGER CT. WAY HEGENBERGER SAN LEANDRO CREEK TRAIL WEST Fishing Dock AC TRANSIT #73, #98 SAN LEANDRO CREEK STAGING DRIVE DOOLITTLE DRIVE AC TRANSIT #73 HEGENBERGER ROAD AIRPORT DR. PLACE MARTIN LUTHER KING JR. GROVE OAKLAND INTERNATIONAL AIRPORT rest and feed, and for some species such as avocets, terns, egrets, and the endangered California clapper rail and burrowing owl, to live at the marsh year round. School and volunteer groups utilize the restored marsh for teaching opportunities and community projects. Students learn about wetlands ecosystems, venture into the marsh in canoes to explore the wetlands, and participate in a wide variety of monitoring and restoration efforts. In addition, volunteers participate in various ongoing restoration and conservation efforts. Persons or groups wishing to volunteer can contact the park supervisor at , option 3, ext Teachers interested in field trips for wetlands study or interpretive programs can contact the Crab Cove Visitor Center at (510)

8 Project Consultant Date CONTRACT FOR SERVICES (CLASS D) THIS AGREEMENT, made and entered into this, 2013, between the East Bay Regional Park District, a special district, 2950 Peralta Oaks Court, Oakland, California ("District") and., hereinafter referred to as "Consultant." RECITALS A. District desires to engage the services of Consultant to provide various services herein described; and B. Consultant desires to perform such services for District; NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties hereto agree as follows: 1. Term The term of this Agreement shall commence 2013, and shall end on, This Agreement may be terminated at any time by either party by giving 30 days' prior written notice to the other party. 2. Scope of the Contract a. During the term of this Agreement, Consultant shall provide services as documented in Exhibit A attached hereto and made a part hereof. Consultant agrees to utilize his/her professional skill and best efforts in the performance of the services specified herein. The representative of Consultant who will make all presentations, attend public hearings and supervise all service shall be. The representative of District who will monitor this Agreement and be responsible for its interpretation and/or modification shall be. 3. Time of Performance and Payment a. Performance: Consultant's work shall be scheduled and performed to meet agreed-upon deadlines. b. Payment: District shall compensate Consultant for services performed by Consultant as set forth in the rate schedule documented in Exhibit B attached hereto and made a part hereof. All expenses incurred as part of this Agreement will be reimbursed at actual cost. Such compensation shall be full payment to Consultant Page 1 of 7

9 Project Consultant Date (including expenses) for performance of said services; provided, however, that in no event shall the sum of total compensation paid Consultant and reimbursable expense exceed $ without prior written authorization by District. Consultant shall submit his/her compensable hours and reimbursable expenses monthly, and District shall make payments on the approved reimbursable expenses within 30 days, provided that in no event shall the amount paid Consultant exceed that percentage of the maximum total compensation and expenses payable under this Agreement ($.00) which percentage equals the percentage of Consultant's work complete at the time. 4. Abandonment of Project a. District shall have the right to abandon or indefinitely postpone ("abandon" or "abandonment") the project or the services for any or all of the project at any time. In such event, District shall give written notice of such abandonment. In the event of abandonment prior to completion of the final drawings and cost estimates, Consultant shall have the right to expend reasonable additional time to assemble work in progress for the purpose of proper filing and closing the job. Prior to expending said time, Consultant shall present to District, a complete report of said proposed job closure and its costs, and District may approve all or any part of said expense. Such additional time shall not exceed ten percent (10%) of the total time expended to the date of notice of termination. All charges thus incurred and approved by District, together with any other charges outstanding at the time of termination, shall be payable by District within 30 days following submission of a final statement by Consultant. b. Should the project or any portion thereof be abandoned, District shall pay Consultant for all services performed theretofore in accordance with the terms of this Agreement as provided in paragraph 3.a and b above, as full payment due hereunder. 5. Consultant as Independent Contractor It is expressly agreed that in the performance of the services necessary to carry out this Agreement, Consultant shall be, and is, an independent contractor, and is not an agent or employee of District. Consultant has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting him/her in the performance of his/her services hereunder. Consultant shall be solely responsible for all matters relating to the payment of his/her employees, including compliance with social security, withholding, and all other regulations governing such matters, and shall be solely responsible for his/her own acts and those of his/her subordinates, Sub-contractors, agents and employees. 6. Brokers: Compliance with Federal, State and Municipal Statutes Page 2 of 7

10 Project Consultant Date Consultant warrants that he/she has not employed nor retained any broker, agent, company or person other than bona fide, full-time employees of Consultant working solely for Consultant, to solicit or secure this Agreement, and that he/she has not paid nor agreed to pay any broker, agent, company, nor persons other than bona fide employees any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of this Agreement. Consultant shall indemnify, defend, protect and hold harmless District, its directors, officers and employees from such claims. Consultant shall comply with all Federal, State and local laws and regulations applicable to his/her work hereunder. 7. Employment Practices During the performance of this Agreement, Consultant agrees as follows: a. Consultant and Consultant's sub-contractors will not discriminate against any employee or applicant for employment because of sex, race, creed, color or national origin. Consultant and Consultant's sub-contractors will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their sex, race, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoffs or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause. b. Consultant and Consultant's sub-contractors will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to sex, race, creed, or national origin. c. Consultant and Consultant's sub-contractors will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers' representative of Consultant's commitments under this non-discrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 8. Indemnification a. Consultant shall indemnify, hold harmless, defend and protect District, its officers, directors, agents, employees, and invitees from and against any and Page 3 of 7

11 Project Consultant Date all claims, losses, damages, demands, liabilities, suits, costs, expenses including attorneys fees that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its employees, subcontractors, or agents in the performance of services under this Agreement. The provisions of this section shall survive the termination or expiration of this Agreement. 9. Insurance a. Consultant shall procure and keep in force during the term of this Agreement, at Consultant's own cost and expense, the following policies of insurance with companies licensed to do business in the State of California, which are rated at least "A" or better by A.M. Best Company and which are acceptable to District. Consultant shall, 15 days prior to the commencement of this Agreement and prior to the termination of any policy, supply District with a certificate, on the District's certificate of insurance form, showing that such insurance is in force. (1) Workers' Compensation as required by law and Employer's Liability with limits of $500,000 per occurrence (if employees are to be hired). (2) General Liability (bodily injury and property damage) on an occurrence basis in an amount not less than $1 million per occurrence and at least $2 million in the aggregate, including premises and operations (including off-site operations), blanket contractual liability, broad form property damage, products and completed operations, owner's and Consultant's protective liability, (and if one or more of the following is applicable) personal injury, coverage for explosion, collapse and underground hazards, non-owned watercraft protection and indemnity, U.S. longshore and harbor workers coverage, pollution liability, liquor liability, and saddle animal liability. (3) Automobile Liability (bodily injury and property damage) in an amount not less than $1 million per occurrence extending to owned, non-owned and hired vehicles and including contractual liability covering all liability assumed under Agreement. (4) Professional errors and omissions, including contractual liability, in an amount not less than $1 million per occurrence and $2 million in the aggregate. Such coverage may be written on a claims-made basis. b. Each of the above policies must contain a provision that the policy shall not be cancelled or the terms or conditions thereof materially changed without 30 days' prior written notice to District. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Consultant to furnish the required insurance during the term of this Agreement. c. Upon written request by District, the insurer or his/her agent will Page 4 of 7

12 Project Consultant Date furnish a copy of any policy cited above, certified to be a true and complete copy of the original. d. The policies listed under a(1) above shall contain a waiver of subrogation in favor of the District. e. The policies listed under a(2) and a(3) above shall name the District as an additional insured with respect to the operations performed under this Agreement. f. The coverage afforded on behalf of District under a(2), a(3) and a(4) above shall be primary insurance and any other insurance available to District under any other policies shall be excess over the insurance outlined above. g. Upon written request of District, annual loss reports will be supplied to District. The loss report will include a list of all incidents/claims submitted against the insurance company and the estimated reserved and paid value of the claims. h. District reserves the right to require reasonable increases in the limits of coverage from time to time during the term of this Agreement. i. Policies should be written on an occurrence basis. Only by special permission of District may a claims-made form be used. The retroactive date on any policy written on a claims-made basis shall be the effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be the same as the original policy, provided that the extended reporting or discovery period shall not be less than 36 months following expiration of such policy. Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall comply with the provisions of Section 3700 of the Labor Code before commencing the performance of the work under this Agreement. In case of the breach of any provision of this section, District may, at District's option, take out and maintain, at the expense of Consultant, such types of insurance in the name of the Consultant as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Consultant under this Agreement or may demand Consultant to promptly reimburse the District. 10. Default In the event that Consultant defaults in any obligation of Consultant under this Agreement, or Consultant defaults in the performance of any of the terms and Page 5 of 7

13 Project Consultant Date conditions of this Agreement, District may, at its option, declare this Agreement to be in default and, at any time thereafter, may do any one or more of the following: a. Enforce performance of the Agreement by Consultant, b. Terminate this Agreement, or c. Perform the obligations of the Consultant, whereupon Consultant shall reimburse District for any amounts paid or expenses incurred by District, or pay District any expenses and/or damages incurred by District in the performance of such obligations, together with interest at the maximum rate of interest allowed by law on demand by District. District at its option may deduct any sum due to District from sums to be paid by District to Consultant. The above remedies are in addition to any other remedies at law or equity District may have. Consultant shall pay or reimburse District for all of District's costs and expenses, including reasonable attorneys' fees incurred in enforcing its rights hereunder. 11. Assignment Consultant shall not assign or otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any persons or entities whatsoever without the prior written consent of District and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute consent to any further assignment or transfer. 12. Advice of Counsel/Attorneys' Fees If either party prevails against the other in a legal action concerning any aspect of this Agreement, such successful party shall be entitled to recover its reasonable attorneys' fees and costs incurred in such action from the losing party. Both parties have had a full and complete opportunity to have the Agreement reviewed by legal counsel, and no presumption or rule that ambiguity shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 13. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, and shall be personally delivered or sent by prepaid U. S. certified or registered postage, return receipt requested, addressed to the recipient as follows: Page 6 of 7

14 Project Consultant Date DISTRICT: East Bay Regional Park District P. O. Box 5381 Oakland, CA CONSULTANT: Either party may change its address by giving notice to the other in the manner provided herein. 14. Governing Law This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 15. Entire Agreement This Agreement contains all of the agreements and understandings of the parties pertaining to the subject matter contained herein and supersedes all prior, contemporaneous agreements, representations and understandings of the parties. This Agreement cannot be amended or modified except by written agreement of all the parties. In the event that the terms or conditions of any Exhibits to this Agreement conflict, directly or indirectly, with paragraphs 1 through 16 of the Agreement, the provisions of paragraphs 1 through 16 of the Agreement shall control. 16. Severability The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. EAST BAY REGIONAL PARK DISTRICT CONSULTANT By General Manager By Consultant Page 7 of 7

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