HomeMy WebLinkAboutID# 14-549 Approval & Execution of Professional Services Agreement RJM Design GroupC I T Y 01= r�r
LADE LSINOR`E
DRLAM EX "T'REMI
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES, CITY MANAGER
DATE: APRIL 28, 2015
SUBJECT:
Elsinore.
Recommendation
Approve the Professional Services Agreement by and between RJM Design Group and
the City of Lake Elsinore for landscape architecture, and engineering services related to
schematic design, design development, and construction documents for two (2) parks in
substantially the form attached and authorize the City Manager to execute the Agreement
in such final form as approved by the City Attorney.
Background
On March 30, 2015, the City solicited written proposals from qualified landscape
architectural and design firms for conceptual design, design development and delivery of
construction documents for two (2) city parks (City Park located at 243 S. Main Street and
Yarborough Park located at 419 N. Poe Street). Before the deadline on April 3, 2015, two
responses were received from qualified landscape architectural firms detailing design
proposals and fees on the City Park and Yarborough Park rehab projects. Both responses
meet the requirements of the City's request for proposals and are made by highly
respected firms in the industry. Below are the submittal results:
Discussion
Construction
Conceptual
Document
Firm
Desi n Amount
Amount
Total Amount
RJM
$25,300
$53,000
$78,300
RHA Landscape —
Planners Inc.
$20,090
$59,335
$79,425
Discussion
RJM Professional Services Agreement
April 28, 2015
Page 2
The final goal of this agreement will be the development of construction documents, which
will include a complete set of plans, working drawings and specifications, general /special
provisions and other required documents for a complete and approved set of construction
documents to perform the needed park rehabilitation at both locations. Also, a landscape
architect shall work with the City to evaluate both sites and develop a final landscape
design for each.
The funding for both parks is provided by an awarded Housing Related Parks Program
Grant. The Housing Related Parks Program Grant administered through the California
Department of Housing and Community Development awards local governments that
approve affordable housing for lower- income households and are in compliance with
State Housing Element Law with grant funds to create or rehabilitate parks. As identified
in the City's grant application the following amenities will be included:
City Park - rehabilitation of park lighting; hardscape (concrete walls, curbs, planters,
sidewalk, etc.); construct new picnic area with shelters; amenities to include picnic tables,
cafe tables, bar -b -cues, trash receptacles, hot coal bins and drinking fountains, improve
the parking lot and ADA improvements.
Yarborough Park - construct a water spray pad; seat wall; decorative safety fencing;
picnic areas with shelters; amenities to include picnic tables, benches, bar -b -ques, trash
receptacles, hot coal bins, drinking fountains and ADA improvements.
Fiscal Impact
The landscape architecture and engineering services by RJM Design in the amount of
$78,300 will be funded in the CIP with Housing Related Parks Program Grant funding
through the California Department of Housing and Community Development for
Yarborough and City Park improvements.
Prepared by: Johnathan O. Skinner
Director of Community Services
Approved by: Grant M. Yates
City Manager
Attachments: Professional Services Agreement Dated April 16, 2015 (PDF)
RJM Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
RJM Design Group, Inc.
City Park /Yarborough Park Improvement Projects
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of April 29, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and
RJM Design Group, Inc., a California corporation ( "Consultant ").
RECITALS
A. The City has determined that it requires the following professional services:
conceptual design, design development and delivery of construction documents for two city park
improvement projects.
B. Consultant has submitted to City a proposal, attached hereto as Exhibit A
( "Consultant's Proposal ") and incorporated herein, to provide professional services to City
pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
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Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
PROFESSIONAL SERVICE AGREEMENT RJM APRIL 24 2015Page 1
C. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A). In no event shall Consultant's
compensation exceed $78,300 without additional written authorization from the City.
Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor's bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
7. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
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expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia photographs relating to rotect for which Consultants services rare.
PenddP d; 6 any "pub icty pe tr Wing fo°tlie
Alan s services unc)er tiffs gteement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
Page 3
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in- interest.
9. Independent Contractor. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12, Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
Page 4
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
13. Compliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnitv. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
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harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
Page 5
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto'). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant's services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims -made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
V. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore. CA 92530
If to Consultant: RJM Design Group
31591 Camino Capistrano
San Juan Capistrano, CA 92675
18. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
19. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
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competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
23. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
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28. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
30. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ('Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non - payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
31. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A— Consultant's Proposal
Exhibit B — List of Subcontractors
"CONSULTANT"
RJM DESIGN GROUP, INC., a California
corporation
By:
Its:
Page 10
1_::,,:
CONSULTANT'S PROPOSAL
[ATTACHED]
EXHIBIT A
LIST OF SUBCONTRACTORS
[ATTACH IF APPLICABLE]
Io� Id
Park Renovation and Improvement
RJM Design fhoup, tile. has extensive experience in
transforming crud updating, heavily used neighborhood
park facilities into more functional environments that
encourage social interaction, promote safety, and are
aesthetically pleasing to the community.
Fundamental to our approach is a thorough
understanding of each park site's existing conditions,
character, and contribution to the surrounding
neighborhood. We will emphasize design and detailing
that will provide sustainable, long -term value to the City
of hale Efonore.
Challenges:
The challenge is to take outdated, existing park
equipment and integrate New amenities, utilizing some
existing infrastructure and making smooth transitions
between the old and new, while minimizing impact to
existing pal k features.
ADA Compliance
Universal Access
Topography
Existing Vegetation
Existing Site Elements (gazebo, restroonts, picnic
areas)
Implementing Sustainable Practices
Incorporating, Splash play within existing park
facilities
Solutions:
Conduct on -site visit to inventory and evaluate
existing amenities
Work with City staff to identify park uses, problem
areas, elements to he repaired, removed, replaced,
or to remain.
Develop plans that address access, integrating new
amenities into the existing park as seamlessly as
possible.
Evaluate existing topography to incorporate
proposed amenities and resolve issues of
accessibility and drainage.
Preserve existing mature trees and integrate into
the design concept.
10 SAN JUAN CAPISTRANO - r,ACBAW NIn
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DESIGN
Aj-,)F )iOo� (,� -) GROUP
Scope of Services
Onr Sea PC of so rvicos outlines the various tasks associated with the Conceptual Design Development for the pro posedpark
Improvements at (]fly Park and Yarborough Park 'Tasks and methodology below are based upon review of the project RF1'
and our extensive experience with similar projects.
Our, proposed scope of work is intended to be flexible and can be refined to better meet the needs of the City of Lake
Elsinore. At the project onset, RIM Design Group intends to work with the City to review, elaborate upon, and clarify the
overall objectives for the development of the project, conhruing the expected goals and criteria to be met within each phase
of the project. We will also define the appropriate procedures in order to promote efficient working relationships and
communication between all project participants.
PHASE 1 -PROJECT FAMILIARIZATION
Meet with City Staff to review the project scope, schedule, and budget, while establishing preferred concept direction.
Conductvisual analysis ofexisting site conditions including topography, drainage, physical limitations, utilities, vegetation,
circulation, external influences, access, and adjacent property relationships.
Review all documentation from the City pertaining to this project including soils investigations, title report, base map,
existing water, electrical and irrigation systems plans and "as- built" plans for the site, adjacent buildings, and adjacent sites
as available. RIM will provide it topographic survey of both sites (in AutoCAD format) with 1' cortourintervals noting all
above ground improvements as well as the above mentioned documentation. In order to save on survey costs, wo suggest
that the surveys occur after the site walk with City staf'fand concept plan approval in order to identify the extent of site,
improvements and the extent of the surveys required to complete the project.
Review State, County, and City Codes and Standards applicable to the site development.
MEIi'IMS:
(1) Kickof/lneethW with City Staff to receive all documentation available from the City, refine prajectschedule, and walk
sites with City Staff
PHASE 2 - CONCEPTUAL. DESIGN
Commence preparation of scaled Preliminay Conceptual Design Plans for City Park and Yarborough Panic, which will
illustrate the layout and location of proposed site features. The Preliminary Conceptual Design will consider all existing site
features such as: topography/ drainage, trees /vegetation, sun exposure /shade, site programming, circulation, adjacentsite
uses, overall site and ADA compliance, and budget.
Preliminary Conceptual Design Plan exhibits for both sites shall include:
Limits of the site to be developed.
Proposed Mements
Hardscape /Landscape Improvements (as directed by City Staff)
Site Amenities (BBQ,s, hot coal bins, chinking fountains, etc.)
Site Purnitu e (tables, benches, trash cans, etc.)
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Additionally, the following improvmno is are anticipated:
G1'-Vark:
Park Lighting
Parking Lot Improvements
Yaa bszts "G Park
Water Spray Pad
Prepare Graphic Plan to illustrate potential park elements and features.
Prepare separate Preliminary opinion of Probable Construction Costs for each park.
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Meet with City Staff to review Preliminary Conceptual Design Plans and Preliminary Opinion of Probable Construction Costs.
Revise the Preliminary Conceptual Design Plan and associated Prelinninai.y Opinion of Probable COOStRICCIOn Costs por City
Staff direction.
ME1i171IGS:
(1) - Meeting with City.Staff
PAUL>SLM
Conceptual Deson Plans for Each Park
Preliminary Opinion of Probable Construction Costs for Each Park
Note: Upon approval of the Conceptual Design Plan, we can give you a detailed scope and fee proposal for specific
PHASE 3 - FINAL SITE DEVELOPMENT PLAN
Prepare Final Design Development Site Plan based upon the approved Preliminary Concepuial Design refinements in ordor
to define the scope and character for the project and such elements as may lac appropriate Consideration shall be given to
availability of materials, equipment and labor, construction setluencingand scheduling, economic analysis of construction,
user safety, maintenance requirements, and energy conservation.
Prepare Final Design Development Site Plan refinements in more detail at a larger scale. Detailed Site Plan refinement will
be used as the base to prepare construction documents relative to the park elements.
Specific materials, finishes, colors and textures will be selected. Site fm-nisiwngs and equlpnneut will be selected doing this
phase.
Submit design development plans to City for review,
Meet with City staff to review final Design Development Site Plan and costs.
Receive final approval prior to construction document preparation.
(1) - Meeting with Cib,, Staff
Piaui Design Development Site Plan
Updated Opinion of Probable Construction Costsfor Rich Panic
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PHASE 4 -CONS I RUC 'I ION DOCUMENTS
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Rj M GROUP
DESIGN
During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the
project. The project consists of the preparation of the Construction Documents to include final drawings, specifications,
calculations, and final'9?ngineers Estimates” for the project in one construction document package based upon the approved
Final Design Development Site Plan drawings.
Our proposal includes complete landscape architecture, and engineering services required to execute the project. Services
during the Construction Document Phase consist of preparation of drawhngs and specifications based on approved
Conceptual Design and Design Development Documents, setting forth in detail the Final Construction Documents,
Construction Drawings may include:
Grading and Drainage Plan
Demolition Plan
Construction [)fail
Planting Plan
Construction Details
Technical Specifications
Splash Pad Manufacturersl2equirenents and Specifications
Standard, Special and Technical Provisions
Prepare bid package
City to provide:
Boiler template
Copy of standard drawings and specifications
Technical specifications for each of the above disciplines will be incorporated into the project manual. Site work construction
will he prepared utilizing the `Green Book format. Our proposal has assumed the City will provide Notice hnviting Sealed
Bids, Instructions to Bidders, information required by Bidders, Bid Form, Bid Bonds, Agreement, Performance Bond,
Payment Bon(1, Insurance DOCUo)c its, Gencr<il Provisions, Generid /Supplernentary Conditions, and General Requirements.
Submit plans and to the City at 90% completeness for review and approval.
Reline plans per City direction, and submit p1au.S, specifications and estimates at 100% completion to City lbr final approval.
Refine plans per Final Plan Check comment's.
Attend two (2) meetings witli City to review Plan Check coaunents.
Submitfhnal wee stamped plans to the City for printing and distribution to prospective bidders.
Provide digital tiles of original Plans and Specifications.
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(2) City staff meetings.
0NA1.1 _PROD UCYS
banal Project Plaits, Signed and ,Sealed
Digital Files oj'Filial Project Plans and Specifications (it) stmdm-d digital jbrmat acceptable by City)
Di,9itrl Copy of Special and Technical Specification Provisions (in Microsoft Word Format)
Copy of Final E.Stimate of Probable Construction Costs and Bid Schedule
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DEIGN
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BIDDING AND CONSTRUCTION (Hourly as Roquosteci)
Bidding and construCU011 of the faeflides is not included in the Scope of Services, however W14 Design Group is available to
answer questions and provide advice curing bidding and amstrucfimn of the project. Below I%, all example of the possible
Scope of Services for Construction.
Phase 5: CONSTRUCTION SERVICES (Sample Scop(;)
BIDDING AND NEGOTIATION
The Bidding or Negotiations Phase, following the City's approval of the Construction Documents and of the most recent
Statement of Probable Conssuction Cost, we shall provide those services nocessary to assistthe City in obtaining bids m
negotiated proposals and in awarding and preparing contracts for construction,
A. Addenda
Services consist of preparation and distribution of Addenda as may be required during bidding or negotiation and including
supplementary Drawings, Specifications, Instructions and notices) of changes in the bidding schedule and procedure,
B. Bidding /Negotiations
Services consist of:
1. Assistance to City in establishing list of Bidders or proposers.
2. I'requal iff cation of Bidders or propos ers.
4. Responses to questions horn Bidders or proposers and clarifica Wns or interpretations of the Bidding Documents,
S. Attendance at bid opening.
G. Documentation and distribution of bidding resu Its,
C. Analysis of Alternates /Substitutions
Services consistof conodemHa n, analysis, comparisons, and recommendations relative to alternates or substitutions
proposed by Bidders or proposers either prior or subsequent to receipt of Bids or proposals.
D. Bid Evaluation
Services consist of:
1. Validation of Bids or proposals.
2. Participation in reviews of Bids or proposals.
3. Evaluation of Bids or proposals.
4. Recommnendadoil on award of Contract(s].
S. Participation in negotiations prior to or following decisions on award of the Conuncty) for Construction.
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PI IASE & CONSTRUCTION SERVICES (Sample Scope)
'fire Construction Contract Administration Phase shall provide those services necessary for the admiuistratiolt of the
construction contract.
A. Office (.e1)St'UCtoii AthninisU' ition
1. Processing of submittals, including receipt, review oC and appropriate action on Shop Drawings, Product Data,
Samples and other submittals required by the Contact Documents.
2_ Distribution of submittals to Owner, Contractor and /or field representative as required.
3. Maiutomnce of master file of submittals.
d. Related communications.
5. Respond to clarification requested by the Contractor.
13. construction Field Observation
Services consisting of six (6) visits to the project site at intervals appropriate to the stage of construction or its otherwise
agreed in writing Co become generally familiar with Che pnrogress mnd quality of the Wolc and to determine in f;eneral if the
Work is proceeding in accordance with the Contract Documents, and preparing related reports and communications.
C. Supplemental Documents
Services consist op.
1. Preparation, reproduction and distribution of supplemental Drawings, Spccifieatiors and interpretations in response
to requests for clarifications by Contractor(s) or the City and as required by construction exigencies.
D. Quotation Ruquests /Change Orders
Services consisting of:
1. Preparation and dist'ibution of Drawings and Specifications to describe Work to be added, deleted or modified.
2. Review of proposals from Contacor(s) for reasonableness of quantities and costs of labor and materials
3. Review and rcrommondadons relative to changes in time for Substan ial Completion.
PROJECT SCHEDULE
Month 4
1:
3: Final Site Development Plan
d: Construclion Documents (9'o ne Uetermiucd based on Final Site
1mn,nt Plan fmn�exitlC Pro'ect _
S: Itiddinq /C,onstnctimn Ohsenvation /Adnnhlis[ration ('i'o fie Determined
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DESIGN
e Proposol RJIVI GROUP
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It is the objective of our Design 'Team to provide the most. comprehemsiwn yet efficient, approach to the
development of City park and Yarborough Park Renovation project. This The includes all costs to be incurred
by Rim Design Group, Inc. with the exception of reimbursable expenses. Fees for the work are as follows:
Phzaso /Task
hec.
Phase 'I Project familtadmHon $2pomoo
Phase 2 Conceptual Design $17000110
Topographic Survey $1£00-00,
Total: $2 5,3 00, 00
Phase. 3 final Site Development Plan " $12,000.00 - $18,000.00
Phase 4 Construction Documents* $201000.00 - $30,000.00
Phase 5 Hiddinganrl Negotiation 1-10H Y
Phase G Construction Services HOURLY
*Nob.. Fees flo Phases 3 and h are idenfifieci as a range. Upon approval of the Conceptual Design plan, ove
can give you a detailed slope and fee proposal for specific work to be compiet:ed in phases 3 and 4 Tins fee
summary represents our current understanding of the project scope and complexity. The scope of work
and aswun.ed Ws s are smje d to retirement at client's request.
RE1MBURSARI F t'XMSTS (fstimated Allowance $5000)
When incurred, the following project expenses will be billed at cost in addition to the above be proposal:
Printing, plotting, copying, scanning, photography graphic expenses
Dclivery and handline of docmomuc shhonno
Soils testing
RAY 4EKS
Payments are due and payable on a monthly basis following the completion o'auy substantial phase of work.
Carrying charges for ownhw accounts beyond 30 days of billing date are charged at 7.1%) of the amount due,
compounded monthly.
ADE)ITIONA[ 4);RVICI?S
Professional services not specifically Identified in the scope of Work will he considered additional services
and may he performed at C'lient's request,'reimbarsahle at consultant's standard hourly rates. Additional
services may include, but are not limited to:
• Additional nieetinp presentations, or site vNihsheymad those identified in the scope of work.
• hXhd)II' preparation heyon (It hat ide) ItIIled in the scope of Work,
• Revisions to documents mininsd as a result of changes in Cltent's direction; changes subsequent to
Client's approval; or changes in governmental rock's or regulations.
• Design of fmprovements beyond fhe designated project site, or due to changes in project phasing
schedule.
• Emil, unentofofhercon. ni ILatts not specificallyiclentifiedbedow.
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DESIGN
cx) Proposal GROUP
CQ II "ANTS, rtt7nitr.y aA•rr.
Compensation for additional services will be hilted hourly at our standard rates` below
)_2JM.I)li (.iN CRQt1u c_
$9 8400 per hour
Projed Manager
Principal handscape Architect
$145
- $165 per hour
Associate Landscape Architect
$1.30
- $140 per hoar
Landscape Architect
9115
-$125 per hour
joh Captain / Landscape Designer
$100
- $110 per hour
CARD Technician
$ 85
- $ 95 per hour
Draftsperson
$ 70
- $ 80 per hour
v✓ord Processor
$ 55
- $ 65 per Wwr
MCI? CONSULTANTS
Principal
$9 8400 per hour
Projed Manager
$138.00 per hour
Project 1ngineer
$115.00 per hour
Project Surveyor
$138.00 per hour
Design Engineer
$103.50 per how,
Computer Draftsperson
$80.50 per how,
Project Assistant
$5710 per hour
3 -Man Survey Crew
$32210 per hour
2 -Man Survey Crew
$26410 per horn
S(M ?HNEY &ASSOCIATI-N
principal
$1 61_00
Project Manager
$138.00
hAgntion Designer
$10350
AutoCAD Drafters
$8125
Admint UTHve Support
$74.75
Field Services
$14910
TKISC
Principal
$24910
Sr. Associate
$224.25
Associate
$212.75
Sr. project manager / Sr. Lighting Design / Sr. System Kngineer
$201.25
Project Manager / Lighting Designer /System Engineer
.1;1??.50
Engineer /Assistant L)ghting Design / Assistant System Engineer
$149.50
Designer
$126.50
CAD / 131M Specialist
$1.0150
Clerical
MET;
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DESIGN
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[IR)I )CJS��'U � GROUP
1AHWgs hw a time and material, and contract extension wort shall be in accordance with the level of work
performed hased oil the categories listed above.
Hourly rates will be escalated each August 1st: in accordance with mW Increase in the Consumer Price Index
or other mutually agreed upon cost: index, beginning with August 1, 201 S. Provisions for fee escalation
pertain to all contract extensions and additional work,
LIMITS OF LANDSCAPE ARCHITECT'S LIABILITY
RIM Design Group shall not responsible or liable for damages resulting firom:
Ina<e Punta infoi metion provided by Client or others which directly affects the work of RIM including, but not
binned to, surveys, utility plans, soils and geology reports,
tfilknown existing, conditions: if the project includes remodeling or rehabilitation, it shall be wtderstood
that this type of design requires that certain assumptions be made regarding existing conditions, Joel these
assumptions cannot be verified without expendihare of additional funds and /or destruction of o(herwise
adequate or serviceahle portions of the sita.
Client ogrees Po defend, iude mnify and hold hat ndcx RIM and its offs e rs, el rip] oyees and ('msultants li om
any and all liabrhty5 real of a)lcl;ed, for any Ion, ants, damages, awards, attorneys h aN ,.md other expenses
in connection with the above items, except liability arising from the sole negligence of RIM.
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