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
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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
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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
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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
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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
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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.
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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