1_-_RFP_VAP_Playground-with_exhibits.pdf

Request for Proposals Virginia Avenue Park Playground Replacement

SP 2745

Department of Public Works Architecture Services Division 1685 Main Street, Mail Stop 15

Santa Monica, CA 90401

ISSUE DATE: AUGUST 14, 2026

PRE-PROPOSAL SITE WALK: SEPTEMBER 1, 2026, AT 11AM

QUESTIONS DUE: SEPTEMBER 4, 2026, AT 2PM

SUBMITTALS DUE: SEPTEMBER 11, 2026, AT 5PM

APPROVED FOR ADVERTISEMENT:

Amelia Feichtner, City Architect

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Proposer RFP Checklist

Read the entire document. Note critical items such as mandatory requirements; supplies/services required; submittal dates; format; contract requirements (i.e., insurance, performance and or reporting, etc.).

Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.

Take advantage of the “question and answer” period. Submit your questions by the due date. View all answers given in the formal addenda issued for the RFP.

All addenda issued for an RFP are posted on the City’s online vendor portal:

OpenGov Procurement and will include all questions asked and answered concerning the RFP.

Follow the format required in the RFP when preparing your response. Provide point-by-point response to all sections in a clear and concise manner. The proposals are evaluated based solely on the information and materials provided in your response.

Check the City’s online vendor portal: OpenGov Procurement for RFP addenda.

Before submitting your response, check whether any addenda were issued for the RFP. If so, you must submit a signed acknowledgment for each addendum issued along with your response

Review and read the RFP document again to make sure that you have addressed all requirements.

Submit your response on time. Note all the dates and times listed on the front page of the RFP document and be sure to submit all required items on time. Late proposals are never accepted.

https://secure.procurenow.com/portal/santa-monica-ca

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I. INTRODUCTION

The City of Santa Monica, (referred to hereafter as “the City”) is inviting proposals from qualified design-build teams interested in Virginia Avenue Park Playground Replacement.

The purpose of this RFP is to select one design-build team, upon City Council approval, to perform tasks as described below.

SUMMARY OF PROPOSAL

Design-Builder shall perform all design and construction services, and provide all material, the equipment, tools and labor, permits, licenses, and taxes, and all other things necessary to complete the Work described in and reasonably inferable from the Contract Documents, including without limitation, any Changes requested by City, in accordance with the Contract Documents, including, without limitation, Scope of Work and all Applicable Laws.

Proposal Calendar The following is a list of key dates:

Request for proposals issued ........................................................ August 14, 2026 Submission of inquiries ......................................... Prior to or by September 4, 2026 Proposals due ........................................................................................................ September 11, 2026 Final candidate interviews ................................................................... September 21 – 25, 2026 Staff recommendation to City Council for award of bid ................ November 10, 2026

A. PROJECT DESCRIPTION/ SCOPE OF WORK

This project will replace playground equipment, minimize and contain sand, and install shade covering to create an inclusive playground experience at Virginia Avenue Park.

Key priorities for this new playground are accessibility, inclusivity, safety, and sustainability. This project will provide a clean and safe play area for children of all ages and abilities in the playground at Virginia Avenue Park. Please note the Special requirements for Build America, Buy America (BABA) requirements outlined below.

To date, there have been 11 community meetings specifically for this project. The intent of these meetings was to inform the community that this project is happening, and most importantly, to gather initial feedback on community priorities for this project and to inform this RFP. There is a strong desire for a European-style playground with more adventure play and taller / bigger experiences for kids, along with a wide variety of elements that support imaginative and open ways to play. Bidders should demonstrate and highlight experience with playground projects that were informed by meaningful community engagement.

A key initiative for this project is to create an inclusive playground that is carefully designed to promote play among users of differing abilities, ages and communities. A wide variety of play opportunities helps engage and enrich all people with a variety of

3 | P a g e interests. Inclusive design guiding principles include, but are not limited to: auditory, vestibular, visual, cognitive, proprioceptive, tactile, social, and sensory play types.

Scope of Work Virginia Avenue Park Playground Replacement (SP2745) improvements include:

• Replacement of the existing play equipment with inclusive play equipment, with a goal of minimizing the use of plastic and/or petrochemical-based in all proposed materials.

• Replacement of the existing sand, concrete, and rubber surfacing with new playground-approved sand, concrete and surface materials, with natural and/or food-grade materials to be prioritized over plastic and/or petrochemical-based and other materials harmful to human and ecosystem health.

• Improved ADA access between the existing conditions of the park and the new playground.

• Pedestrian amenities including shade structures, fencing, seating, signage, and plantings.

• Exploring ways to integrate nature as a play element that compliments the formal structures (i.e. adjacent sensory plants / boulders / interesting focal specimen trees, etc.).

• Community engagement, including but not limited to, input on elements such as playground equipment and surface materials; theme and color palette; trees and shade; and inclusivity, safety and sustainability.

• A tree strategy that keeps as many trees as possible, transplants trees only if required and desirable, with no trees slated for removal.

• Consideration of maintenance and replacement parts, with a design/build team that demonstrates reliability, durability, availability, and good responsiveness to get equipment back online as soon as possible.

• All required permitting, testing, and safety inspections.

The Scope of Services anticipated for the prime consultant/contractor and their subconsultants/subcontractors are: professional design services, including conceptual design of the playground areas and final design; community outreach (a minimum of 2 surveys and 2 in-person community workshops); survey services; construction work;

installation of surfacing; geotechnical investigations; ADA compliance review; permitting;

inspections; and estimating. Key considerations for this project include: sustainability (environmental and human health); accessible and inclusive design; community input;

shade covering; operations, maintenance and replacement (including responsiveness with replacing parts); and schedule and costs (both upfront and ongoing).

Task 1: Project Initiation Inventory and analyze current conditions of the existing Virginia Avenue Park playground and prepare a survey and base sheet at a level of detail necessary to verify existing conditions and design the proposed improvements. The objective of this task is to identify design principles, for City review and approval, that will guide design development (Tasks 2 through 4).

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1. Project Kick-off Meeting. The Design-Build team will hold kick-off meeting and site visit with City staff and key team members to understand project background, goals, timeline, existing conditions, community needs, and City technical/design requirements.

2. Survey and Base Sheet. The Design-Build team will prepare Design Survey of the playground and surrounding areas that will include:

a. Records Research – obtain record maps, notes and ties sheets, available improvement plans, site-specific agency requirements, and available horizontal control as necessary from the appropriate agencies.

b. Topographic Survey - perform a topographic survey from conventional ground methods of the approximately 3/4-acre playground area. The survey shall include but not be limited to the following: utilities, manholes, valve covers, utility vaults and covers, trees, cross gutters, catch basins, driveway openings, sidewalks, parkway drains, building corners, etc. Survey should be located based on site control coordinates. Visible indications of surface utilities lying within the project limits will be located.

c. Record Boundary - place the property lines of the parcel according to record documents. The boundary survey will determine the property limits based on the location of existing boundary monuments analyzed against lines of record for the subject property.

3. Geotechnical Investigation and Report. The Design-Build team will perform a geotechnical investigation consisting of drilling two (2) borings each to a depth of 10 feet below existing ground surface or refusal, whichever is shallower. They will prepare a corresponding report for use in grading design, structural engineering, and construction.

Task 1 Deliverables: Kick-off Meeting Minutes, Refined Project Schedule, Survey and Base Sheet, Geotechnical Report.

Task 2: Concept Development Develop a concept plan within the approved budget and based on input received from Community Engagement (Task 6), for the site showing the limits of the playground area and required site improvements. The Design-Build team’s development of playground equipment themes and layouts (Task 3) will consider and build upon the Preliminary Concept Plan.

1. Site Research. The Design-Build team will visit the site to confirm the base sheet and the existing conditions for use in the preparation of the site design.

2. Community Engagement. See Task 6.

3. Playground Site Design. In coordination with the prime and City staff, the Design-

Build team will develop two (2) preliminary concept plans within the approved budget for the playground site that will show the limits of the playground area, existing tree cover and vegetation, removal/protection of existing site elements, and proposed equipment, surfacing materials, fencing, amenities, and circulation that responds to community input and City staff feedback. Up to two (2) revisions based on City and community comments.

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4. Team Meetings. The Design-Build team will attend up to two (2) full-team meetings with City staff, along with bi-weekly core team meetings with the City’s Project Manager, during the preparation of the preliminary concept plan.

5. Preliminary cost estimate.

6. Exhibits. Provide 11”x17” color plans and presentation boards.

Task 2 Deliverables: Preliminary Concept Plan, Exhibits.

Task 3: Schematic Design Develop the playground equipment theme and layout within the approved budget based upon the Preliminary Concept Plan (Task 2) and the input received from Community Engagement (Task 6).

1. Playground Equipment Theme and Layout. The Design-Build team will develop a minimum of three (3) playground equipment themes/layouts within the approved budget. Up to two (2) revisions based on City comments.

2. Community Engagement. See Task 6.

3. Up to two (2) revisions based on community input.

4. Team Meetings. The Design-Build team will attend up to two (2) full-team meetings with City staff, along with bi-weekly core team meetings with the City’s Project Manager, during the preparation of the playground equipment themes/layouts.

5. Commission Presentations. The Design-Build team will present in person at up to four (4) Santa Monica Boards and Commissions meetings.

6. Updated cost estimate.

7. Exhibits. Provide 11”x17” color plans and renderings.

Task 3 Deliverables: Final Playground Equipment Theme and Layout, Exhibits.

Task 4: Design Development Combine Preliminary Concept Plan (Task 2) and Final Playground Equipment Theme and Layout (Task 3) to develop Final Concept Plan within the approved budget.

1. Playground Design. In coordination with the prime and City staff and feedback from the community engagement the Design-Build team will develop the Final Concept Plan within the approved budget. The Final Concept Plan shall include proposed equipment, surfacing materials, fencing, amenities, plantings, and circulation. Up to two (2) revisions based on City staff comments.

2. Community Engagement. See Task 6.

3. Team Meetings. The Design-Build team will attend up to one (1) full-team meeting with City staff, along with bi-weekly core team meetings with the City’s Project Manager, during the preparation of the final concept plan.

4. Commission Presentations. The Design-Build team will present in person at up to four (4) Santa Monica Boards and Commissions meetings.

5. Guaranteed Maximum Price (GMP). The Design-Build team will review the 50% plans and specifications and provide a binding line-item GMP for construction and installation of equipment.

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6. Exhibits. The Design-Build team will incorporate the playground equipment 3D renderings provided by the prime contractor to provide 11”x17” color plans and presentation boards of the Final Concept Plan.

Task 4 Deliverables: Final Concept Plan (50% overall design completion), GMP, Exhibits.

Task 5: Final Design (60%, 90%, 100% plans and specifications submissions) Submit 60%, 90%, and 100% plans and specifications packages.

1. Plan Review and Revisions. The Design-Build team will prepare and submit all plans and specifications to the City for review at 60%, 90%, and 100% for permits. The Design-Build team will make all necessary revisions to the plans based on City comments and resubmit with comments/responses matrix for City review/approval. The Design-Build team will provide all plan checking delivery and submittals.

a. Demolition Plan – The Design-Build team will prepare a demolition plan for all areas that will identify all existing items within the proposed improvement area and whether they are to be protected-in-place or removed.

b. Precise Grading Plans – The Design-Build team will prepare one (1) set of precise grading and drainage plans for the revised accessible parking stalls and hardscape walks around the new playground. Includes design for new hardscape areas including site walkways, playground, and picnic areas as well as the remainder of the softscape areas around the playground.

Includes agency plan check revisions, construction notes, quantities, and construction details.

c. Structural Engineering – The Design-Build team will prepare structural details and calculations for the play equipment as required by the building department.

d. Construction Plans – The Design-Build team will prepare construction plans and details that will locate by dimensioning all site elements including playground equipment, concrete paving, and site furnishings and provide notes and details for accessibility from the parking areas and the playground. Details and specifications will be provided to demonstrate proper construction and installation of the site elements. Community input gathered during Task 4 shall be incorporated in plans.

e. Irrigation Plans – The Design-Build team will prepare irrigation plans to provide water to all new landscape areas on the site. Irrigation charts and schedules will be provided along with details to demonstrate proper installation of all irrigation equipment. Irrigation Plan will comply with MWELO Guidelines.

2. Architectural Review for ADA Compliance. The Design-Build team will provide plan review of 90% Construction Documents for ADA compliance.

3. GMP Confirmation. GMP to be reviewed and confirmed at 60%, 90% and 100% submissions. City acceptance of the GMP at 100% submission shall be the agreed upon compensation for construction and installation.

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4. Team Meetings. The Design-Build team will attend up to two (2) full-team meetings with City staff, along with bi-weekly core team meetings with the City’s Project Manager, during the preparation of construction documents.

5. Final Plans and As-builts. The Design-Build team will provide two (2) full-sized drawing sets (24” x 36” min.), stamped and signed. After construction of the project, the Design-Build team will prepare as-built drawings and provide e-files (PDFs, .dwg files – latest version of AutoCAD) and site maintenance manual.

Task 5 Deliverables: 60%, 90%, 100% Submissions, Cost Proposal, Final Plans, As-builts.

Task 6: Community Outreach and Engagement Set up, attend, and moderate a minimum of two (2) in-person community meetings during design development (Tasks 2 through 4) and a minimum of three (3) online/printed surveys. The Design-Build team will set up in-meeting polls, if desired. All items provided by the Design-Build team for use during workshops (activity materials, posters, boards, refreshments, etc.) should consider the City’s sustainable procurement goals (e.g. no plastic water bottles, reuse of existing foamcore boards). In-person meetings and online/printed surveys shall provide for Spanish translation.

1. The Design-Build team will engage with the community during Task 2 to define project guiding principles. Engagement tool to be determined.

2. Survey #1. Develop online and print surveys to inform Community Workshop #1.

Separate surveys for under 18 and over 18 audiences to be developed, distributed, and analyzed to inform the design going forward.

3. Community Workshop #1. The Design-Build team will present up to two (2) preliminary concept plans for community review, obtain community input on a preferred plan, and brainstorm potential playground equipment themes/layouts.

4. Survey #2. Develop online and print surveys to inform Community Workshop #2.

Separate surveys for under 18 and over 18 audiences to be developed, distributed, and analyzed to inform the design going forward.

5. Community Workshop #2. The Design-Build team will present up to three (3) playground equipment themes/layouts for community review and obtain community input on a preferred theme/layout.

Task 6 Deliverables: Project Guiding Principles, Survey Development and Summaries, Community Workshop Summaries, including photos.

Task 7: Construction Support Services Provide support and construction administration services (i.e. design services) through construction completion.

1. The Design-Build team will review shop drawings, respond to requests for information, attend the preconstruction meeting, make field observation visits of the project during construction to review construction progress as requested by the City, and provide field observation reports.

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2. The Design-Build team will provide one (1) site visit at or near the completion of construction of the parking and site work to inspect for ADA compliance and provide list of corrections. BOA will then review photos of corrected items and provide a letter of ADA compliance for the contractor’s complete scope of work.

Task 7 Deliverables: Letter of ADA Compliance

Task 8: Construction and Installation of the Equipment Site preparation and delivery and installation of playground surfacing, equipment, accessories, and supplies.

1. The Design-Build team will shall conduct all necessary work to prepare the Playground Site in accordance with Design-Builder’s specifications and the Work to be conducted, including but not limited to removal and disposal of existing playground equipment, grading and leveling of the surface of the playground site, marking underground utilities, establishing a drainage plan and obtaining any easements for the same, modifying existing irrigation system, installing sidewalks, paths, access, fencing and lighting, and any surface materials once the Equipment is installed (collectively, the “Site Preparations”).

2. The Design-Build team will manage and oversee the purchase and/or fabrication, delivery, and installation of playground equipment, surfacing, accessories, and supplies.

3. Complete playground impact absorption and HIC testing.

4. Complete independent safety audit.

5. Conduct a final punch walk with City staff to review installation and address punch list items.

Task 8 Deliverables: Documentation of passing results for all required local, state and federal testing and audits for playgrounds.

SPECIAL REQUIREMENTS:

1. Community Development Block Grant (CDBG) Funds – Build America, Buy America (BABA) Requirements

CDBG requirements apply to the Virginia Avenue Park Playground Replacement project. These include Build America, Buy America (BABA) requirements that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States. See Exhibit D for full BABA requirements.

B. CITY CONTACT

The City has designated Heidi Creighton, as its contact (the “City Contact”) for this request for proposals (this “RFP”). The City Contact’s information is listed below:

City of Santa Monica

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Architecture Services Division Project Manager Name: Heidi Creighton 1685 Main Street, Mail Stop #15 Telephone: (424) 508-1750 E-mail: Heidi.creighton@santamonica.gov

Office Hours:

Monday through Thursday, 7:30 AM to 5:30 PM

Alternate Fridays 8:00 AM to 5:00 PM

The City of Santa Monica offices are closed every other Friday.

Please call to ensure that offices are open and that staff is available.

Any inquiries, questions or requests regarding this RFP should be submitted via OpenGov Procurement. All Questions must be entered in the Question and Answers section within OpenGov Procurement - Do not email questions directly to the Project Manager.

Other City officers, agents, employees or representatives do not have authority to respond on behalf of the City. Contact with unauthorized City personnel during the selection process may result in disqualification.

CITY’S ONLINE VENDOR PORTAL

The website for this RFP and related documents is: OpenGov Procurement or https://procurement.opengov.com/portal/santa-monica-ca.

All project correspondence will be posted on the OpenGov Procurement website. It is the responsibility of Proposers to check the website regularly for information updates and RFP clarifications, as well as any RFP addenda.

C. ORIGINAL DOCUMENTS

Proposer shall complete and return the following documents via OpenGov Procurement:

The forms are available on City's procurement webpage (OpenGov).

Please refer to Project Documents Tab, Section 7. Vendor Questionnaire to access the pdf. copy of the forms.

1. RFP/RFQ Form (vendor to upload to OpenGov)

2. Cost Proposal (vendor to upload to OpenGov)

3. Living Wage Certification (if the award amount is >$54,200)

4. Oaks Initiative Disclosure Form (if the award amount is >$25,000 annually;

identifies recipients of public benefit in relation to political donation restrictions:

click here for more information)

5. Levine Act Disclosure Form

6. Prevailing Wage Acknowledgement (applicable)

7. Subcontractor List

8. Non-Collusion Declaration (this does not need to be notarized)

9. Non-Discrimination Policy Acknowledgement

10. Certification Regarding Debarment mailto:Heidi.creighton@santamonica.gov https://secure.procurenow.com/portal/santa-monica-ca https://secure.procurenow.com/portal/santa-monica-ca https://secure.procurenow.com/portal/santa-monica-ca https://procurement.opengov.com/portal/santa-monica-ca http://www.smgov.net/uploadedFiles/Departments/Finance/Purchasing_Section/OaksInitiativeNotice.pdf

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11. Public Works Insurance Requirements The contractor attests that he will require every employer to be insured against liability for workers’ compensation

12. Business License (if selected you must also obtain a business license or provide your current business license number.) You can go to the Business License page for more information.

13. RFP Addenda if issued (vendors must acknowledge & sign addenda electronically via OpenGov Procurement)

14. Payment Bond (if the award amount is >$25,000: applicable only for Contractual Services Agreements)

D. BEST QUALIFIED PERSON OR FIRM FOR DESIGN-BUILD AGREEMENT

The award, if any, will be made to the best qualified person or firm(s). In evaluating whether a proposer(s) is (are) the best qualified person or firm(s) pursuant to the Santa Monica Municipal Code, City staff may utilize some or all of the following criteria:

1. The training, credentials and experience of the person or firm;

2. The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services;

3. The capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay;

4. The sufficiency of the person’s or firm’s financial and other resources;

5. The character, integrity, reputation and judgment of the person or firm;

6. The ability of the person or firm to provide such future service as may be needed;

7. The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive; and

8. Any other factor which will further the intent set forth in Section 608 of the City

Charter.

The City shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary proposer.

E. PREVAILING WAGE

Bidders are hereby notified that pursuant to provisions of Section 1770, et seq., of the Labor Code of the State of California, the Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of Department of Industrial Relations. In addition, the Contractor shall be responsible for compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentice public works contracts.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

http://www.smgov.net/Departments/Finance/content.aspx?id=11959 http://www.smgov.net/Departments/Finance/content.aspx?id=11959

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No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

II. CONDITIONS GOVERNING THE PROCUREMENT

A. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the City of Santa Monica procurement codes and procedures.

1. Receiving Time / Late Proposals

It is the responsibility of proposer to see that their proposal is submitted with sufficient time to be received by the City prior to the proposal closing time. The receiving time in the City Office will be the governing time for acceptability of proposals. Late proposals are not accepted.

2. Acceptance of Conditions Governing this RFP

Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

3. Incurring Cost Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer.

4. Prime Consultant Responsibility Any agreement that may result from the RFP shall specify that the prime consultant is solely responsible for fulfillment of the agreement with the City. The City will make agreement payments only to the prime consultant.

5. Sub-consultants

Use of sub-consultants must be clearly explained in the proposal, and major sub-consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.

6. Amended Proposals

A proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

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7. Proposer’s Rights to Withdraw Proposal Proposers will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The proposer must submit a written withdrawal request signed by the proposer’s duly authorized representative addressed to the City Contact.

8. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.

9. Best and Final Offer The City reserves the right to request Best and Final Offers from any or all proposers.

This will be the only opportunity to amend or modify proposals based on feedback from the City. Information from competing proposals will not be disclosed to other proposers prior to submission of a Best and Final Offer.

10. Living Wage Requirement Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations.

11. Disclosure of Proposal Contents

All proposals are subject to the provisions of the California Public Records Act, California Government Code section 6250 et seq., and any information submitted with a response is a public record subject to disclosure, unless a specific exemption applies.

12. No Obligation This RFP in no manner obligates the City to the eventual rental, lease, purchase, etc., of any goods or services offered until a valid written agreement is executed by the City and the selected proposer.

13. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City of Santa Monica.

14. Sufficient Appropriation

Any agreement awarded for multiple years as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the selected proposer. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the selected proposer as final.

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15. Errors and Restrictive Specifications If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately notify the City Contact designated in Section I, B. Without disclosing the source of the request, the City may issue a written addendum to clarify the ambiguity, or to correct the problem, omission, or other error.

If prior to the submission date, a proposer knows of or should have known of an error in the RFP but fails to notify the City Contact of the error, the proposer shall submit their proposal at his, her or its own risk, and, if awarded an agreement, shall not be entitled to additional compensation or time by reason of error or its later correction.

16. Legal Review

The City requires that all proposers agree to be bound by the General Requirements contained in this RFP.

17. Governing Law

This RFP, and any agreement entered into pursuant to this RFP, are governed by the laws of the State of California.

18. Oral Changes and Basis for Proposal

Proposers may not rely upon oral explanations. All changes and addenda will be issued in writing. Only information supplied by the City in writing through the City’s Contact, or in this RFP should be used as the basis for the preparation of proposals.

19. Agreement Terms and Conditions

The agreement between the City and the selected proposer(s) will follow the format specified by the City and contain the terms and conditions set forth in Exhibit A, Lump Sum Design-Build Agreement. However, the City reserves the right to negotiate with a successful proposer the final provisions or provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.

Should a proposer object to any of the City’s terms and conditions, as contained in this Section or in Exhibit A, that proposer must propose specific alternative language in his, her, or its proposal. Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording. The City may or may not accept the alternative language.

General references to the proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the City and may result in disqualification of the proposer.

20. Proposer’s Terms and Conditions

Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in an agreement negotiated with the City.

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21. Proposer Qualifications The City may make such investigations as necessary to determine the ability of the proposer to adhere to the requirements specified within this RFP.

22. Right to Waive Minor Irregularities

The City reserves the right to waive minor irregularities and the right to waive mandatory requirements, provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the City.

23. Change in Agreement or Representatives

The City reserves the right to require a change in the selected proposer or representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

24. City Rights

The City reserves the right to award the proposal to separate proposers on any of the services as set forth in the proposer’s proposal. It is further understood that if the proposer to whom any recommended award is made fails to enter into an agreement with the City, award may be made to the next best qualified person or firm, who shall be bound to perform as if she, he or it received the award in the first instance.

25. Right to Publish

Throughout the duration of this procurement process and agreement term, potential proposers, and proposers, must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent agreement. Failure to adhere to this requirement may result in disqualification of the proposer or termination of the agreement.

26. Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the City of Santa Monica and are subject to the provisions of the California Public Records Act, as described in Section II. A. 11. herein.

27. Agreement Award Proposal will be evaluated by a committee comprised of City staff and may include outside consultants (the “Evaluation Committee”). The Evaluation Committee will make an award recommendation to City staff. City Council may give approval of the agreement and/or direct staff to negotiate the final terms and execute the agreement.

This agreement shall be awarded to the proposer or proposers whose proposal is best qualified, taking into consideration the evaluation factors set forth in the RFP.

The most qualified proposal may or may not have received the most points or be the

15 | P a g e lowest cost proposal. Proposers will be notified when the award is being made or an award recommendation goes to the City Council for approval.

28. Protest Deadline

PUBLIC WORKS ONLY

All parties wishing to file a protest shall comply with the procedures set forth below.

Proposer may file a written protest with the Director of Public Works no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website. The protest must include the name, address, and telephone number of the protestor and or the person representing the protesting party.

Once a protest has been filed with the Director of Public Works no contract shall be awarded until the Director of Public Works has issued his or her final determination on the protest. The Director of Public Works shall review the merits and timeliness of the protest and issue a written decision to the protestor within ten calendar days of receipt of the protest. The Director of Public Works shall have final authority to sustain or deny a protest. The Director of Public Works decision shall constitute the City’s final determination on the protest.

Protests received after the deadline will not be accepted.

29. Records and Audits

The Consultant shall maintain such detailed records as may be necessary to demonstrate its performance of the duties required by this Agreement, including the date, time and nature of services rendered. These records shall be maintained for a period of three years from the date of the final payment under this Agreement and shall be subject to inspection by City. The City shall have the right to audit any billings or examine any records maintained pursuant to this Agreement both before and after payment. Payment under this Agreement shall not foreclose the right of City to recover excessive and/or illegal payments.

30. Enforcement of Agreement/Waiver

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of its rights shall not be effective to waive any other rights.

31. Prevailing Wage, Apprentices, Penalties & Certified Payroll

In accordance with the provisions of Labor Code Section 1773.2, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health, welfare, vacation, pensions and similar purposes

16 | P a g e applicable, which is on file in the State of California Office of Industrial Relations. The contractor shall post a copy of these prevailing wage rates at the site of the project.

It shall be mandatory upon the contractor to whom the contract is awarded and its subcontractors hired to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract as required under Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California, including, but not limited to, Sections 1771, 1774 and 1815.

It is the duty of the contractor and subcontractors to employ registered apprentices and to comply with all aspects of Labor Code Section 1777.5.

There are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1777.1, 1777.7 and 1813.

Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records. The prime contractor is responsible for submittal of their payrolls and those of their subcontractors as one package. Payroll records shall be certified and made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor pursuant to Labor Code Section 1776.

The contractor, and any work performed under this CSA, shall, at all times comply and be in accordance with, and subject to the provisions of Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California.

III. SUBMISSION FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Proposers must upload their proposal electronically as a PDF document within OpenGov Procurement + accompanying forms located in the Vendor Questionnaire Section.

B. PROPOSAL FORMAT

1. Letter of Transmittal

a. Identify the submitting organization;

b. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization;

c. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization;

d. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification;

e. Be signed by the person authorized to contractually obligate the organization;

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f. Acknowledge receipt of any and all amendments to this RFP (vendors must acknowledge & sign addenda electronically via OpenGov Procurement)

2. Qualifications Provide a brief summary of your firm’s history, its capabilities, and its recent relevant experience (last five years). Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.

3. Key Personnel Describe the project team composition and include resumes of key personnel.

Proposed members should be available for ninety (90) days from the proposal due date. The City must be promptly notified of any changes in key personnel prior to award.

4. References List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.

5. Project Work Plan Describe your understanding of the project and approach. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project. List any resources you expect the City to provide.

6. Cost Proposal A Proposal submitted in response to this RFP must contain a Cost Proposal that fully conforms with and satisfies the format and content requirements described herein and sets forth the Design-Builder’s proposed price.

The Design-Builder shall use the Cost Proposal Summary Form in Section 6.1. and 6.2.

In addition, the Design-Builder shall prepare a detailed breakdown of each fee proposal including detailed task items, subconsultants, staff category, estimated hours, and hourly rates of each staff. Total of detailed breakdown shall match the proposed fees in the Cost Proposal Summary Form.

The Design-Builder shall present the pricing breakdown in a separate spreadsheet format. The pricing should reflect the detailed work scope for each task presented in the Cost Proposal. Show proposed key project team members and labor categories that will be used throughout the Project. Show additional labor categories for support staff. For each labor category, identify hourly billing rates to be used throughout the Project (rates may be escalated once per year), hours to be spent, and total labor costs by task for the Preconstruction Stage. In addition, the Design-Builder shall present proposed subcontractor labor costs and expenses for each task associated

18 | P a g e with the project. Labor hours and hourly billing rates shall also be shown for subconsultant work related to services related to each Component.

Identify other direct expenses. In the summary portion of the spreadsheet, the Design-Builder shall show for each task total labor hours for the Design-Builder and all key subcontractors/ subconsultants and total labor costs. Show breakdown of expenses by the Design-Builder and key subcontractors for each task and total expenses.

1. Pre-Construction Phase Fee Proposal

a. Pre-construction stage is described in Section A. Project Description /

Scope of Work. Design-Builder should provide a fixed fee with a detailed breakdown to perform the pre-construction activities. The pre-construction phase fee proposal should indicate subtotal fees for each task outlined in the Scope of Work. Proposal shall include hourly rate of each staff. The Design-Builder shall present the pricing breakdown in a separate spreadsheet format.

b. Design-Builder should propose a not to exceed fee to complete the final design from 60% to 100%, cost estimating, permitting and procurement services for construction material, equipment, and subcontracts. Final design and procurement fee shall have a detailed breakdown and should indicate subtotal fees. The Design-Builder shall present the pricing breakdown in a separate spreadsheet format.

2. Construction Phase Fee Proposal

a. Design-Builder should propose a percentage mark-up for the other professional services during the construction such as construction management, design revisions, inspection & testing. This mark-up should be developed using the estimated construction costs provided under paragraph 2.b of this section.

b. Design-Builder should propose a percentage construction mark-up fee. Construction mark-up fee would be applicable on top of all direct construction costs. Mark-ups shall consist of itemized direct costs (i) Design-Builder’s fee; (ii) general conditions; (iii) bonds; (iv) insurance,

(v) indirect costs such as employee benefits, travel & meal costs, off-site corporate office staff & overhead costs such as accounting, management information systems, items that are incidental to work but are not part of installed work trailers, vehicles and other costs.

Actual construction budget shall be finalized as the Guaranteed Maximum Price as described in the Design-Build Agreement.

Construction Mark-ups proposal shall be developed using an estimated construction cost of approximately $2.2 Million.

c. Design-Builder shall propose a design-builder’s contingency for the GMP construction cost. This contingency shall be developed based on the estimated construction costs provided under paragraph 2.b of this section and Design-Builder’s construction mark-up fee proposal as described under paragraphs 2.b under this section. Design-Builder

19 | P a g e shall assume that the savings would be split 60% for City and 40% for Design-Builder.

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7. Cost Proposal Summary Form Virginia Avenue Park Playground Replacement Project Cost Proposal Summary Form. Fill out cells highlighted in grey.

Design-Build Entity’s Name: ___________________________________________

Design-Build Entity’s Location:__________________________________________ Description Fee

1.0 Pre-Construction Phase Fee Proposal

Provide a fixed fee for pre-construction services and activities. Provide a detailed breakdown for each item 1.a, 1.b, and 1.c in a separate spreadsheet.

1.a Pre-construction services for 50% overall design completion and GMP development. (Tasks 1 – 4)

1.b Final Design Fee (Fixed Fee) – Design services from 60% to 100% construction drawings. (Task 5)

1.c Community Outreach and Engagement (Task 6) $ Total Pre-Construction and Final Design Fee $

2.0 Construction Phase Proposal

2.a Professional Services During Construction (Task 7) % 2.b Design-Builder Construction Cost Mark-up Bonds %

Insurance % General Conditions % Construction Indirect % Fee %

Total Construction Cost Mark-Up % 2.c Proposed Design-Builder Contingency

Savings from the D/B Contingency will be shared as follows: Sixty percent (60%) to City and forty percent (40%) to Design-Builder

3.0 Estimated Costs

Estimated Construction Cost $

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IV. EVALUATION

A. EVALUATION POINT SUMMARY

All proposals meeting the requirements will be further evaluated using the same criteria and point structure. Evaluations will be based on the weighted criteria listed below, which correspond to information requested in various sections of the proposal:

CRITERIA MAXIMUM POINTS

Experience / Technical Competence 25

Ability to Meet Work Plan / Timeliness 20

Quality Control 15

Cost of Services, Cost Control 15

Stability / References 10

Flexibility / Creativity / Responsiveness 10

Value Added / Breadth of Services 5

TOTAL POINTS 100

If the highest ranked proposal only meets 60% of our requirements, we reserve the right to reject all proposals.

B. EVALUATION FACTORS

A maximum of 100 points may be awarded based upon the quality and thoroughness of the proposer’s response to each evaluation factor as follows.

Experience and Technical Competence: Up to 25 points may be awarded based on the evaluation of the proposer’s knowledge and prior experience. Evaluation will be based on relevant experience of key personnel based on resumes showing technical knowledge and experience. Evaluation will also be based on level of the firm’s previous projects of comparable complexity, scale and nature; training and proven expertise in the area of work required; experience in projects completed for public entities; and the firm’s proposed work plan.

Ability to Meet Project Work Plan and Timeliness: Up to 20 points may be awarded based on the consultant’s ability to perform the work within the desired time frame.

The ability and past experience in assembling a highly qualified staff. The ability to provide the City with approval of management and representatives assigned to the engagement and provide assurance of resources to accommodate changes or turnover in staff. Efficiency and timeliness in completion of projects; specifically note

22 | P a g e where required reporting deadlines were not met.

Quality Control: Up to 15 points may be awarded based on whether the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients.

Cost of Services, Cost Control: Up to 15 points that may be awarded for the lowest price, fixed or blended hourly rate or annual not to…