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HomeMy WebLinkAboutRRM Design Group 2010-02-04AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES [Design Professional] This Agreement, made and entered into this day of e , 2010 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and RRM Design Group, a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to Park Design services for Riverside Park. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work and shall complete such services by December 31, 2011. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. As set forth in Attachment "B". For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar Design - ProfSvcsAgreement-November 20, 2008 PAGE 1 OF 7 amount of $130,859. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of- Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Design - ProfSvcsAgreement-November 20, 2008 PAGE 2 OF 7 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage - Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Design - ProfSvcsAgreetnent-November 20, 2008 PAGE 3 OF 7 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions, liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Design - ProfSvcsAgreement-November 20, 2008 PAGE 4 OF 7 3. Professional Liability Coveraqe If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from December 31, 2011 to December 31, 2013. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, after notice to Consultant that City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract. G. Subcontractors Consultant shall include all sub-contractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all Design - ProfSmAgreement-November 20, 2008 PAGE 5 OF 7 costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, Design - ProfSvcsAgreemen[-November 20, 2008 PAGE 6 OF 7 subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH RRM DESIGN GROUP DEPT. OF COMMUNITY SERVICES ATTN: WARREN MCCLUNG 300 SEMINARY AVENUE 210 EAST F STREET UKIAH, CALIFORNIA 95482-5400 OAKDALE, CA 95361 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTA ' BY: PRINT NAME. r ~ ,7 IRS IDN Number CITY OF UKIAH BY:n. " CITY MANAGER ATTEST t _ TY CLERK Z14410 Date Date Design - ProfSvesAgreement-November 20, 2008 PAGE 7 OF 7 rr 1 group III creating environments people enjoy' ATTACHMENT A To Agreement between City of Ukiah and RRM Design Group RRM Design Group 210 East F Street. Oakdale, CA 95361 Gobbi St. Riverside Park Phase 1 P: (209) 847-1794 Construction Documents F: (209) 847-2511 Scope of Services www.rrmdesian.com February 2, 2010 (June 23, 2009 Scope Revised per City Council Direction) The following Scope of Services describes the work RRM Design Group proposes to accomplish in order to implement the first phase of the Gobbi Riverside Park Plan by preparing a set of construction documents and providing bidding and construction support services for the first construction phase of the project. Understanding of Project RRM Design Group has worked with the City of Ukiah since 2001 to create a Master Plan for Gobbi Park and to provide assistance to the City in procuring grants for park implementation funding. In June of 2008, the California Resources Agency funded the construction of a portion of the park plan (Phase 1) consisting of 1200 linear feet of riparian bank restoration and accompanying entry landscaping, signs, trails and site furnishings. In Task A, RRM Design Group proposes to prepare construction documents to implement Phase I of the park plan. Task B describes subtasks for bidding support, construction administration and construction observation. Task C provides services to support the City in procuring the required Agency permits for the streambank native plant revegetation project. Task D, Design Program Confirmation, is a task that was added to the scope in response to direction from the City Council at their July 15, 2009, meeting. II. Scope of Services Task A Prepare Construction Documents RRM Design Group will conduct site studies and prepare construction documents to complete the scope of work outlined in the revised grant request to the Resources Agency Rivers and Parkways Grant Fund. Subtask A.1 Conduct Detailed Site Conditions Survev RRM Design Group will conduct an onsite survey to review all site areas and record detailed notes regarding the location of proposed site trails and furnishings, the extent of exotic species removal, and the layout of revegetation plantings. Deiiverabies: None, information will be transferred to construction documents ,below. COMMUNITY i CIVIC & PUBLIC SAFETY i RECREATION i EDUCATION ( URBAN ARCHITECTS I ENGINEERS I EXHIBIT DESIGNERS I LANDSCAPE ARCHITECTS I PLANNERS SURVEYORS A Celifomie Corpore8on Victor Montgomery, Architect #371690 I Jerry Michael, PE 436895, LS #6276 I JOB Ferber, LA #2844 rrmdesigngroup III creating environments people enjoy'" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 2 Subtask A.2 Arborist Report RRM Design Group will contract with a registered Arborist to survey the condition of all site trees over 6" diameter at breast height within 30' of proposed site paths for Phase I, and provide a summary of their condition and any recommendations for pruning and/or removal. Deliverables: One (7) Arboricultural Report Document in 8.5'x7 7 " and electronic format Subtask A.3 Prepare Base Map Using the survey provided to us by the City during the master planning phase RRM Design Group will prepare a base map for use in final design and construction documents. We will supplement the original survey with new survey information acquired in Subtask A.13. Deliverables: One (7) Base Drawing of a scale to be determined but no smaller than 24'5(36" in print and electronic format Subtask A.4 Develop Draft Design Details for Site Elements and Furnishings RRM Design Group will gather illustrative images and cut sheets for all site elements and furnishings inclusive of: pathway materials, bollards, picnic tables, entry gate, benches, wayfinding signs and waste receptacles. RRM envisions one revision of the Site Elements and Furnishings Packet prior to incorporating them into the construction plans, details and specifications. Deliverables: One (7) Draft Site Elements and Furnishings Packet in 8.5'x11 " print and electronic format Subtask A.5 Prepare Construction Plan RRM Design Group will prepare a construction plan laying out the location of constructed site elements including pathways, bollards, picnic tables, entry gate, benches, wayfinding sign, entry sign, Prop. 50 acknowledgement sign, and waste receptacles. Deliverables: One (7) Construction Plan Drawing ofa scale to be determined but no smaller than 245(36° in print and electronic format Subtask A.6 Prepare Construction Details RRM Design Group will create 1-2 sheets of construction details that illustrate the construction and/or installation of all site elements. Deliverables: One to Two (7-2) Construction Details Sheets ofa scale to be determined but no smaller than 24'X36" in print and electronic format rr gro creating environments people enjoy'" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 3 Subtask A.7 Prepare Irriaation Plan and Details RRM Design Group will prepare irrigation plans and details that illustrate the layout of irrigation for the site and provide appropriate construction details. The irrigation design will provide for permanent irrigation fittings along the top of bank and temporary irrigation installations to establish bank restoration plantings. Deliverables: One (7) Irrigation Plan ofa scale to be determined but no smaller than 24'5(36" in print and electronic format one (7) sheet of Irrigation Details of a scale to be determined but no smaller than 24'X36" in print and electronic format Subtask A.8 Prepare Restoration Plan RRM Design Group will prepare a restoration plan indicating exotic plant removal areas, erosion control methods and areas of application, and new native plantings. Deliverables: One -Two (7-2) Sheets ofa scale to be determined but no smaller than 245r36" depicting the Restoration Plan in print and electronic format Subtask A.9 Prepare Restoration Details RRM Design Group will prepare details that illustrate the methods and materials required to implement the restoration plan, including erosion fabric installation, slope plantings, mulching requirements and other planting details. Deliverables: One (7) Sheet of Restoration Details in print and electronic format Subtask A.10 Prepare Technical Specifications RRM Design Group will prepare technical specifications in the CSI format for all construction and restoration elements. Deliverables: One (7) 8.55( 77 "packet of CSI Format Technical Specifications Subtask A.1 1 Create Entry Sig nage RRM Design Group will develop a draft design for entry signage to review with the City and based on the City's comments prepare a final sign design. This design will then be incorporated into the Site Construction details. Deliverables: One (7) Draft Entry Sign Design, One (7) Final Entry Sign Design in print and electronic format Subtask A.12 Prepare Horizontal Control and Grading Plan RRM Design Group will prepare a plan that delineates the horizontal layout of all site elements and grading of site paths. Deliverables: One (7) Construction Plan of a scale to be determined but no smaller than 24'X36" in print and electronic format rrmdesigngroup III creating environments people enjoy'"' Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 4 Subtask A.13 Topographic Survey of Trees Within 30' of all proposed site paths, RRM Design Group will survey any trees that are larger than 6". This survey will also take a number of field shots to determine the accuracy of the topographic data that will be used. If it is shown that the topographic information being provided by the City is inaccurate a separate proposal will be provided to survey the areas that need to be re-surveyed. Deliverables: One (1) digital and print format Tree Location Survey Subtask A.14 Submittal Preparation RRM Design Group will coordinate and submit a 50%, 90% and 100% set of construction documents including plans, details and specifications. Del/verab/es: Three (3) print copies and one electronic copy of each of the 5056', 90°o and 100% Construction Documents Subtask A.15 Conduct Onsite Coordination Meetings with City Staff RRM Design Group will meet two (2) times onsite with City Staff to check the project plans, ground truth them on the site and develop revisions. Deliverables: Notes from onsite meetings Subtask A.16 Opinion of Probable Costs 50%, 90% and 100% Submittals RRM Design Group will provide an Opinion of Probable Cost for the 50%, 90%, and 100% construction document submittals and RRM will coordinate the completion of this subtask with the plan and specification submittals. Deliverables: Opinion of Probable Cost for the 5000, 90% and 100% Construction documents submittal. Subtask A.1 7 Conduct Project Administration and Coordination RRM Design Group will provide ongoing project administration and coordination during preparation of these construction documents. Deliverables: General correspondence and e-mail in digital format. Task B Bidding and Construction Support RRM will support the City during the bidding and construction process for the implementation of the construction and restoration plans. This task is an Hourly, Time-and-Materials task, and RRM will provide services to the extent possible within the Fee Budget for this task. Should the Client require RRM's services beyond what is feasible within the Fee Budget the Agreement must be amended to increase the Fee Budget accordingly. The Fee Budget estimate does not warrant that RRM can provide all required Bidding and Construction Support services for this fee, but is rrmdesigngroup III creating environments people enjoy'" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 5 provided for budgeting purposes. Support efforts will generally include the following scope of services: Subtask B.1 Bidding Phase Services RRM will assist the City during the bidding phase of the project. We will assist the City in preparation of addenda and response to Requests for Clarifications To the extent possible within the Fee Budget. All bidder questions will be received by the City and forwarded in writing to RRM for response back to the City in writing. Deliverables: Addenda and Plan Clarification response documents as appropriate. Subtask B.2 Construction Administration Services Following award of the general construction contract, RRM will support the City's administration efforts during the construction phase of the project to the extent possible within the Time and Materials Fee Budget. Generally these support services will include review and response to Requests for Information (RFI), Change Orders (CO), submittals, and contractor supplied shop drawings as well as preparation of Supplemental Instructions as may be necessary to clarify technical details. Deliverables: Documents prepared as part of administration support. Subtask B.3 Construction Observation Services RRM's project manager and/or designated representative will to the extent possible within the Time and Materials Fee Budget prepare for and attend field observation meetings at intervals appropriate to the stage of construction to observe construction progress. Field observation meetings will be planned to coordinate with key milestones during the construction process. In the interest of cost efficiency, we will encourage meeting consolidation by strategically scheduling meetings to maximize productivity whenever possible, such as meeting with City staff, construction inspector, contractor, and any other agency representatives in a single visit. Two of these site visits should be reserved for and coordinated with preparation of a preliminary punch list at substantial completion and a final acceptance walk-through at the end of the project. These site visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work, but rather are to allow RRM to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the Contract Documents. RRM shall not supervise, direct, or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor, nor for the Contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. rrmdesigngroup III creating environments people enjoy" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 6 RRM shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. RRM does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform work in accordance with the Contract Documents or any applicable laws, codes, rules, or regulations. Deliverables: Site Observation Reports and punch lists as appropriate. Subtask B.4 Prepare Adaptive Management Document RRM Design Group will prepare an adaptive management document within 3 to 6 months after completion of the restoration plan that outlines ongoing maintenance and management actions to support the native plant restoration project on the site including follow up measures for invasive species removal and enhancement of native plants and plant communities. Deliverables: One (7) 8.5'x71 "Adaptive Management Document Subtask B.5 Provide Adaptive Management Consulting Services On a time and materials basis as requested by the City, RRM will provide consulting services that may include: an assessment of revegetation sites, developing additional erosion control measures and installation methods, ordering and placing new plantings on site to support in the revegetation process. These services will be on a time and materials basis to the extent feasible within the Time and Materials Fee Budget. Deliverables: Memorandum of site visits, installation diagrams, plant and materials purchase lists as appropriate. Task C Project Permitting Subtask C.1 Project Permitting To the extent possible within the Time and Materials Fee Budget, RRM Design Group will assist the City in procuring the required project permits which we anticipate to be from the State Dept. of Fish and Game and the Regional Water Quality Control Board. In addition, we will notify the US Army Corps of Engineers and NOAA Fisheries of the project. Given the responses from the various agencies is not within RRM's control, this task will be conducted on a time and materials basis up to the Time and Materials Fee Budget. If services are required beyond this Fee Budget the Agreement will need to be amended to reflect the additional fees necessary to coordinate with the Agencies.. Deliverables: Documents and coordination generated in support of acquiring Fish and Came 7603 permit and Regional Water Quality Control Board permit. rrmdesigngroup III creating environments people enjoy- Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 7 Task D Design Program Confirmation Given the time lag between development and approval of the conceptual master plan the City wishes to add a step in the Phase 1 final design process to provide an opportunity for public review and comment on the Master Plan and proposed Phase 1 improvements. This will require adding a series of tasks to the June 23, 2009, Scope of Services that was presented at the July 15, 2009, City Council meeting. Since the City did not increase the fee allocation approved at the above referenced meeting, addition of this series of subtasks will require a reduction to other tasks previously proposed. To accomplish this we have significantly reduced the Fee Budget on Task B, which is a Time and Materials task, from what was previously proposed. At an appropriate stage in design refinement, concurrent with the execution of Task A, RRM will, execute the following tasks: Subtask D.1 Develop Illustrative Design Details for Site Elements and Furnishings RRM Design Group will gather images and create illustrative cut sheets for all site elements and furnishings inclusive of: pathway materials, bollards, picnic tables, entry gate and sign, benches, wayfinding signs and waste receptacles. Deliverables: One (7) Draft Site Elements and Furnishings Packet in 8.55(7 7 " format, Subtask D.2 Create Illustrated Design Development Site Plan for Phase I Project RRM Design Group will create a site plan showing the proposed layout of site paths, entry and wayfinding signage, and site furnishing such as picnic tables, benches and trash receptacles. This plan will be a CAD based drawing rendered for illustrative purposes at the public meeting. Deliverables: One (1) Color Design Development Site Plan of a sheet size to be determined but not smaller than 24'5(36': Subtask D.3 Present Design Development Materials to a_Joint Meetinq of the Parks, Open Space and Creeks and Parks Recreation and Golf Committees The purpose of this meeting is to present the Design Development materials of the Phase I development of the park, and to present a proposed outline for future process to revise the park vision for Committee and public comment. As part of this effort, RRM will outline the history of the design process that lead to the development of the Gobbi Riverside Park Vision Plan and indicate how this Phase I project implements a portion of that plan and how it fits into the larger implementation process. RRM Design Group will work with Staff to develop and outline the proposed future effort to revise portions of the Vision Plan and devise methods to receive public feedback and preferences for this process. Deliverables: One (7) Committee and Public Meeting Outline and Presentation, One (7) Meeting Summary Report indicating next steps. rrmdesigngroup III creating environments people enjoy" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 8 rrmdesigngroup III creating environments people enjoy- Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 9 Subtask D.4 Task D Proiect Coordination and Meetinas with Citv Staff RRM Design Group set up one (1) kick-off meeting with City Staff to review the entire project timeline and deliverables and discuss the goals and objectives of this Design Program Confirmation Effort and the outlines of public and committee involvement. Additionally, RRM will coordinate the efforts for this task. Deliverables: One (7) Memorandum of Meeting Minutes, general correspondence and email in digital format. III. Limitations on Scope of Services The scope of services that shall be provided by RRM Design Group to the City of Ukiah is limited purely to the tasks outlined above. Any additional tasks above and beyond those scoped would be performed as additional services on a Time-and-Materials basis with the Client's prior written authorization to proceed. Reimbursable expenses including travel, lodging, photography, computer plotting, report reproduction, phone, and fax would be billed on a time and materials basis against the reimbursable budgets indicated. Exclusions: • Stormwater Pollution Prevention Plan • Erosion Control Plan • Bid Form and Measurement and Payment Specifications • Non technical specifications such as bid requirements and conditions of the construction contract • Revisions to the Master Plan or Phasing Plan • Additional Public Outreach • Printing of documents for distribution to bidders IV. Schedule We anticipate completing Tasks A and D within approximately 120 to 150 days of receiving written notice to proceed, not including any time periods RRM is requested to delay the project by Staff or Council or project delays that occur that are outside RRM's ability to control. We estimate the bidding and construction support, Tasks B1, B2, and B3, will occur over a period of 105-160 days. If the schedule is delayed, additional costs may be incurred. Tasks B4 and B5 are dependent upon the grow-in period for revegetation. Task C, Project Permitting, is dependent upon response times from the various agencies. A mutually acceptable project schedule will be developed at the start-up meeting. rrmdesigngroup III creating environments people enjoy'" Attachment A To Agreement Between City of Ukiah and RRM Design Group Gobbi St. Riverside Park Phase I February 2, 2010 Page 10 V. Items needed from Client RRM will need the following items of support from the City of Ukiah: Consolidated written comments from City Staff within 1-2 weeks of each design submittal. Incorporation of documents prepared by RRM into the City's standard bidding and construction contract format. rr -group III creating environments people enjoy' ATTACHMENT B To Agreement between City of Ukiah and RRM Design Group RRM Design Group 210 East F Street. Oakdale, CA 95361 Gobbi St. Riverside Park Phase P: (209) 847-1794 Construction Documents F: (209) 847-2511 Compensation for Services www.rrmdesian.com January 28, 2010 (June 23, 2009 Scope Revised per City Council Direction) RRM shall be compensated for the services described in Attachment A, Scope of Services, as described below. The following agreed upon compensation for the scope of services described in Attachment A includes a combination of Fixed Fees and Time and Materials with Estimated Fee Budgets. The intent of providing certain tasks on a Time and Materials basis with a Fee Budget is to provide flexibility regarding how the City determines best to engage RRM's Services for those tasks. During the course of the project as the desired level of service is clarified for each of the Time and Materials tasks it is agreed that excess Fee Budgets for any of these Time and Materials tasks may be shifted to other Time and Materials tasks. Likewise, if it becomes evident that the budget for reimbursable expenses will not be fully used the excess will be shifted to Time and Materials tasks as may be necessary to supplement those budgets. Task A - Prepare Construction Documents Fixed Fee $80,225 (A) Task B - Bidding and Construction Support ......................T&M Est. Fee Budget 26,515 (B) Task C - Project Permitting ..............................................T&M Est. Fee Budget $3,960 (B) Task D - Design Program Confirmation .........................T&M Est. Fee Budget $12,755 (B) Reimbursable Expenses Budget (all Tasks) Estimated at 6% of Fee $7,404 Fee Notes: A. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. B. Estimated fees for tasks shown as "Time and Materials" (T&M) are provided for informational purposes. Amounts billed for these tasks, which will reflect actual hours worked, may be more or less than the estimate given. C. Estimated fees for tasks shown as "Time and Materials - Not to Exceed" (T&M/NTE) establish the maximum that will be billed for each task. Amounts billed will reflect actual hours, and will not exceed the maximum amount shown without prior approval by the client. COMMUNITY ( CIVIC & PUBLIC SAFETY RECREATION ( EDUCATION I URBAN ARCHITECTS I ENGINEERS EXHIBIT DESIGNERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS A California Corporetion I Victor Montgomery, Architect ##11090 I Jerry Michael, PE #36895, LS #5276 ]Jeff Ferber, LA 51044 rr group III creating environments people enjoy'" Gobbi St. Riverside Park Phase I Attachment B January 28, 2010 Page 2 The attached Schedule A is a breakdown that illustrates generally how the proposed project fees were determined and additional information related to reimbursable expenses and billing rates. Work will be billed by primary tasks (Task A, Task B, Task C, and Task D) rather than by subtasks listed in Schedule A. Actual distribution of hours incurred per person may differ from what is illustrated in Schedule A. a` o f ° m l ~ c E - in V c N N ~ l M W ~ ' ur s°t e9 m a - ~ ~ ~ V w Qtm » O u N% w ° A I M N N ~ m 't MS N w - U = ! O G m 0 V 0 C 0 N 0 N ` 6 0 N 0 0 tp 0 CI 0 V' 0 V' ~ t6 0 N 0 lV 0 tC 0 (G 0 v ~ N N E N O fp mi u~ Q G G a wl -I I- - fON M N V M 2 ~ E ¢ ~ s . O O o ~ 0 o 0 c o o O o 0 o0 0 .r 0 m ° c O c O c O of o c ° N o a° ° o O c o o U 2 w = o ° a o. o 0 c 0 c 0 o 0 0 o 0 c 0 c 0 o 0 o 0 N 0 o 0 0 0 0 n 0 ~ 0 6 0 6 0. 6 0 6 0 0 !c 0 o 0 0 ~ E ¢ _ . I N { ~ f m w` w @ = o . 0 . 0 . 0 . 0 . 0 0 0 0 0 N o 0 m a 0 c 0 m 0 0 0 0 O O 0 o J ? V V3 11 0 teU a 0 l N 0 (O N 0 l~0 N (PO O r ° N M N bi a o ~ O 0 0 (p0 N st m. o C f I m V 0 m t0 t ¢ m E ¢ t9 ~ ~ K ~ n ~ a O O° O p 0 0 N 0 N 0 0 N 0 N 0 N 0 O 0 C 0 N 0 o V' O O N o N 0 N Ov _ m 0 tG O c U m O 0 .K 0 1. 0 N -1 MN MO 0 m 0 m 0 m 0 N . I O N O N O °mµ ' O N 0 N 0 m t 3 6 ~ ~ =m W 0 fV 0 V' 0 N N O d' N 0 0 0 N 0 N 0 N r0 V O cm O (C f0 I~(O d' O C1 O m O O O C7 _ - 2 Y c 0 C 0 O 0 G 0 C O 0 O 0 C 0 G 0 C 0 O 0 O 0 O 0 O 0 C 0 O 0 O 0 C 0 C 7 . 0 0 0 0 0 0 0 C 0 c O G O 0 0 0 0 st 0 N 0 I~ m{ N Nr O T N OV M1 Vi N ° CI O m N ^ V m m N rn_ N~ ttt y Q N m .N- N N ` ! N O N m vi N N n N V c r f9 Q (A OJ'. p r IA 6 x m x U x 15 ~ x i ` ' l - c LL - m m c om m II-- ° ~ s c m W o E W m a m m m a ' ~ - m ~ m c ° O1 I . ' Z o y . a o .2 ' ~ _ ~ H b ~ E ~ c ~ O a ~ a o ~ ~ v' c o U c ~ ' ° _o m m J i - - m o c U - U r n m C C c w ac in 'c n. o ` N ' y 6 0 a _ ~ - m v ~ m m o` a ci m ~ ~ m ~ m i ~ m m m w ~j c = a . a o E Q .y Q o u 2 o a m < ~ ~ a = o e a ' - _ - o E y O c 0 - 2 m m m . - O G a O a a a a s a` U = w ~ O a `m U U a Q a . ~ U a 1~ _ N M V ~tI fp I~ O N Or N O N V N ` -i N O V F= Q 4 Q 4 G 4 Q Q 6 Q. 4 0 0 0 Q Q 4 m m m m m 'M U O 0 _ g = V E ~ ~ - - se ~taE& - (70=- 03 ❑vm- ~C v uE a. ' °c'O u - ~ c E d „ Eg ?v m 'm° o Z'a s E ~ a ~ m t E¢~~ `o ~ s E Y c of e',Nti u[7¢ ~ cm A. » F m° Z m o E m o ~ v E _ m O m = ~ E m ~o o ar cE~ ~=¢n Schedule B to Attachment B Rev 20090301 Administrative Support $ 45 - $ 85 Administrative Assistant $ 65 - $ 85 Agency Coordinator $ 75 - $ 120 Architect $ 90 - $ 150 Associate Exhibit Planner $ 95 - $ 125 Chief Executive Officer $ 170 - $ 220 Civil Designer 1 $ 45 - $ 60 Civil Designer II $ 75 - $ 100 Civil Designer III $ 80 - $ 125 Construction Inspector $ 105 - $ 140 Designer $ 80 - $ 120 Engineer 1 $ 80 - $ 110 Engineer II $ 85 - $ 130 Engineer III $ 105 - $ 140 Intern $ 65 - $ 85 Job Captain $ 95 - $ 145 Landscape Architect $ 95 - $ 130 Manager of Architecture $ 150 - $ 240 Manager of Engineering Services $ 135 - $ 185 Manager of Planning $ 140 - $ 190 Manager of Surveying $ 130 - $ 170 Office Coordinator $ 65 - $ 100 Party Chief $ 100 - $ 130 Planning & Landscape Architecture Assistant $ 75 - $ 105 Planning & Landscape Architecture Associate $ 80 - $ 130 President $ 200 - $ 325 Principal $ 140 - $ 325 Principal Landscape Architect $ 125 - $ 175 Principal Planner $ 130 - $ 185 Project Manager $ 110 - $ 185 Runner $ 45 - $ 60 Senior Civil Designer $ 110 - $ 145 Senior Construction Administrator $ 150 - $ 195 Senior Designer $ 105 - $ 170 Senior Engineer $ 110 - $ 145 Senior Landscape Architect $ 105 - $ 160 Senior Party Chief $ 100 - $ 145 Senior Planner $ 105 - $ 150 Supervisor of Surveying $ 120 - $ 160 Survey Technician 1 $ 65 - $ 85 Survey Technician II $ 75 - $ 100 Survey Technician III $ 100 - $ 130 Survey Crew Rates REGULAR One person w/ GPS or Robotic Workstation $ 125 - $ 155 Two person $ 175 - $ 235 Three person $ 235 - $ 335 PREVAILING WAGE One person w/ GPS or Robotic Workstation $ 150 - $ 180 Two person $ 225 - $ 300 Three person $ 325 - $ 425