Loading...
04-26-2016 CC Rpt A04 Return to Agenda COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: April 26. 2016 Item No.: A04 Public Hearing: ❑ Discussion Item: ❑ Ctp of Chine Hills Consent Item: April 19, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RJM DESIGN GROUP RECOMMENDATION: Authorize the execution of a Professional Services Agreement with RJM Design Group for architectural and final design services associated with the Bird Farm Park Project for a not-to-exceed amount of$250,000, which includes reimbursable expenses. BACKGROUND/ANALYSIS: The City received 11 bids in response to the request for proposals (RFP) from Architectural and Design Firms associated with the Bird Farm Park project. An initial staff's review process was conducted, which three firms were selected to present to a panel of three staff representing the Departments of Community Development, Engineering, and Public Works. The three firms were: Architerra Design Group Richard Fisher Associates RJM Design Group In conclusion of this process, all three panel members unanimously selected RJM Design Group as the preferred architect for the Bird Farm Park Project. CEQA REVIEW: This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) as it will not result in any direct or indirect physical change in the environment because it does not involve an irrevocable commitment of resources by the City of Chino Hills to the park project. Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs and negative declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental 25/139 AGENDA DATE: APRIL 26, 2016 PAGE 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RJM DESIGN GROUP assessment. Cal. Code Regs., tit. 14, § 15004. Once the architect's conceptual design is sufficiently well-defined to provide a basis for environmental review, the City will prepare an initial study and determine the appropriate environmental review. That review will be completed and considered by the City Council at the time the project plans are brought forward to the City Council for approval. REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney and the Finance Director. FISCAL IMPACT: Funding for these services will come from the Bird Farm Park project, as approved in the FY 2015-16 Capital Improvement budget. Respectfully submitted, Reco ens -• • 9 f; j(_ r Ali IL/ Konradt Bartlam, City Manager Jo -'than Marshall, immunity Services Director KB/JM/eo Attachments: Professional Services Agreement 26/139 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND RJM DESIGN GROUP THIS AGREEMENT, made and entered into this 26th day of April, 2016, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and RJM Design Group hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on April 27, 2016. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be -1- 27/139 under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 28/139 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $250,000. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided -3- 29/139 in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on September 30, 2017 unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, -4- 30/139 data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. -5- 31/139 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or -6- 32/139 firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. (c) City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, -7 33/139 causes of action, proceedings, suits, damages, judgments, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Professional Service Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any negligent or wrongful act, error or omission of Consultant, its agents, officers, directors or employees, in performing any of the professional services under this Agreement. (d) Indemnitees shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements, other than Professional Service Claims set forth in subsection (c) of this Section 14 (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring to the extent caused by the negligent or wrongful conduct of Consultant , its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as provided in this subsection (d) of Section 14, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel -8- 34/139 reasonably acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. (e) The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(c) and (d), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14 (a), (b), (c) and (d) shall survive the expiration or earlier termination of this agreement. (f) The Consultant's indemnification set forth in this Section 14 does not extend to Professional Service Claims or Claims occurring solely as a result of the City's negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). -9- 35/139 (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. -10- 36/139 (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City, or 10 days' notice if due to non-payment of premium. (2) General Liability and Automobile Liability Coverages. (a) With respect to general liability and automobile liability coverage, City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. -11- 37/139 (c) 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. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall -12- 38/139 reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. --13- 39/139 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. -14- 40/139 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Larry P. Ryan RJM Design Group 31591 Camino Capistrano San Juan Capistrano, CA 92675 -15- 41/139 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Request for Proposal 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -16- 42/139 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CHINO HILLS t ► • By Art Bennett } Mayor Title 'F t\\r't= e f ATTEST: By afiC610.PAIJM Av Ho, weaver Cheryl Balz City Clerk Title (l.CyC) APPROVED AS TO FORM: Mark D. Hensley City Attorney -17- 43/139 City of Chino Hllls • Bird Farm Park Communftyrnsprrea. : NIP GN Work °lar R. M Gia �_� Detailec Scope of Work and Deliverables _ T TASK 1 -PRE-DESIGN p f p A. Meet with City of Chino Hills Project Manager and Staff to discuss scope,project goals and d objectives,potential elements and issues,and project time frame. B. Review pertinent information regarding this project(Information to be provided by the City of Chino Hills): Ef' , 1. As-built civil,structural, electrical plans, etc. 2. Boundary and easement information. 3. Any other available documents pertaining to the site and adjacent development areas. 4, Any existing specifications or reports related to previous or current phases of site development. 5. Review Geotechnical Report data provided by the City. (City to either provide new Geotechnical Report or acquire previous Geotechnical Report from School District). M C. Conduct site visit with City to review existing site conditions,including hardscape,landscaping, easements,physical limitations,ADA accessibility, external influences, and demolition/ construction access. D. Provide 20-scale aerial topography and one 1-day field survey. E. Format City provided Base Plan for Design Development Studies,using hardscape plan provided by City of Chino Hills in AutoCAD 2011 digital format. MEETINGS: One(1)Design Team/City Staff Meeting One(1)Site Visit with City PRODUCTS: Project Notes,Summaries, Formatted Base Plan 0 TASK 2 DESIGN DEVELOPMENT A primary service proposed within our overall scope of work is an interactive Design Development Phase • involving City Staff and the Design Team members. During this process a Design Development Plan shall be developed for the park site. It is our understanding that the improvements shall include the following: ■ New architecturally designed 588 sq. ft. restroom building similar to the restroom building at Danbury Park, 15701 Fairfield Ranch Road 3 SAN JUAN CAPISTRANO•SACRAMENTO 19 vmv.RJMdesigngroug.corn•[949]493-2600 i 44/139 4 City of Chino Hills • Bird Farm Park counity Inspired mm , ✓ - up' ( ' ���ok r fel , DE&fGN UWGROUP RJM : 1-- — -- --- - — - - • Two (2) group shade structures • ■ Two (2)playground areas: One 2-5 year olds; One 5-12 year olds ■ One (1) full size basketball court ■ Large, open play turf area ■ Pedestrian walkways ▪ Basketball court, and walkway lighting(pole mounted and bollards) ■ Park entry signage/monumentation. The development of the Design Development Plan will involve meetings with the City to discuss any suggested Conceptual Plan refinements,identify specific design characteristics,materials of construction and updated cost estimate. A. Meet with the City of China Hills Project Manager and staff to discuss project goals,timelines and budget. Discuss potential changes to the existing park Conceptual Plan. This meeting will be an opportunity to review the proposed park improvements and confirm and discuss any design changes. 0 13. General Design Development Site Plans (in AutoCAD format) based upon the City-provided Conceptual Design Plan in order to fix and describe the scope and character of the entire park, - including landscape architectural, architectural, civil, and electrical systems, materials and such other elements as may be appropriate. Final selection of materials,textures,and colors will occur 0 in this phase. a. Prepare digital design development base plans relative to the proposed improvements. Our scope of services includes all site elements contained on the original plans as well as the provision for the enhancements identified by City staff and design team members. The Base Plan for the proposed improvements will be prepared digitally (20-scale) and will be utilized as the project's Base Plan for Construction Documents. Specific alignment and orientation of • all the project's proposed elements will be indicated. b. Develop conceptual restroom building floor plan alternatives and elevations for City review. Our proposal has included the design services of Crane Architectural Group to provide the 0 architectural design and detailing of the proposed restroom building and two (2) shade structures. We have enjoyed working with Rick Crane for the last 20 years. Our park projects have greatly benefited from his appreciation of each site's unique context and scale. Likewise, his attention to design detailing and the challenges of the public bid environment has been a valued contribution to our design team. The initial concepts Rick prepares will be computer generated images of the building exterior. Material selections will be identified for review and • comment by the City. Following City review and comment we shall prepare a materials board providing samples of proposed building materials for City review. 20 I SAN JUAN CA?ISTRANO•SACRAMENTO ------ _-.—._ www.RIMdesigngroup.com•[9491 493 2600 45/139 0 1 0 .e . k _.. . _ _._. _., City of Chi o Hills • Bird Farm ParkR Communftylnspiaed.. } ` —__ - MGR0UP Work la_i 40 h c. Prepare preliminary grading, water quality treatment areas, storm drain, sewer, and utility 5 plans. 1, Develop preliminary park grading and drainage plan. 2. Confirm sewer and water service locations. 'F1 3. Confirm site electrical service for proposed site improvements. b d. Prepare preliminary earthwork take offs. This earthwork analysis will work towards a `balanced' site,with import/export provided for only if required. r e. Prepare Preliminary Estimate of Probable Construction Costs. s f. Meet with the City to review digital design development base plan, preliminary grading/ drainage plan, and preliminary cost estimate. g. Refine Design Development Plans based on City Staff comments. k 4 h. Submit Design Development Plans to City for approval (Park and Recreation Commission). MEETINGS: (2)- Meetings with City to review Design Development package 5 (1)Park and Recreation Commission 5 PRODUCTS: Preliminary building footprints and elevations; 4 Building materials board; Preliminary grading plan and earthwork quantity estimates; 5 Design development site plan,grading, drainage,sewer, and utility plans;Earthwork calculations TASK 3 -- CONSTRUCTION DOCUMENTS 0 b A. This phase provides for the preparation of the construction documents to include final drawings, 0 specifications, and structural calculations. These plans will be based upon the approved Design 0 Development Plans. 0 Our proposal includes complete landscape, architectural and engineering services required to 0 execute the project. Construction drawings will be submitted at 35%, 65%, and 90% complete ft for review, and 100% complete construction drawings will be submitted to the City for review 0 and approval. Our proposal includes the required processing of the proposed improvements with DSA. SAN JUAN CAPISTRANO•SACRAMENTO 21 kl ww v.RJMdesIgngroup.corn•[949]493-2600 0 46/139 City of Chino Hiils • Bird Form ParkCommunitylnspired :.. • DESIGN VYo /rk GROUP Man - - - a. Meeti ig with City to kick-off construction drawings for the improvements based on the tr- approed Design Development Plans. 4- 4-- b. Landscape Design/Documentation Services during the Construction Documents Phase consist of preparation of drawings and - specifications based on approved Design Development Documents, setting forth in detail the landscape requirements for the project including: 1. Title Sheet • 2. Site Construction/Layout Plans 3. Construction Enlargement Plans (at two tot lots) 4. Landscape Construction Details 5. Planting Plans/Details/Notes 6. Irrigation Plans/Details/Notes 7. Structural Details related to site landscape elements i c. Civil Design/Documentation Services during the Construction Document Phase consist of preparation of final civil • engineering calculations,Drawings and Specifications based on approved Design Development i Documents,setting forth in detail the civil construction requirements for the Project. 1. Demolition Plans 2. Title Sheet 3. Note/Details/Sections 4. Precise Grading Plan 5. 20-scale Grading Plan 6. Water Quality/LID Design 7. Water/Sewer Plan 8. Horizontal Control Plan 9. Erosion Control Plan 10.On-Site Hydrology Report 11.WQMP Report 12.NPDES/SWPPP/NOJ 13.Earthwork Calculations 0 • SAN JUAN CAPNSTRANO•SACRAMENTO 22 wvnv,RJMdesigngroup.com•[9491493.2600 47/139 41) rte. City of Chino Hills • Bird Form Park Community inspired DESIGN vy6rk ' la_n -___-- ----�______ -----__-___ 3 GROUP d. Architecture Based upon the approval of the City on the information presented in the Design Development Phase, our project architect, Rick Crane at Crane Architectural Group„ will proceed onto the Construction Documents Phase of this project. Our team will provide one set of construction documents which shall include the following detailing for the following elements: a +/- 600 s.f.site built restroom building S Site built group picnic structures (one design,used twice) The following plans and details will be provided for this structure: 1. Architectural: • • Building FIoor Plans • Foundation Plan Plans ® Roof Framing Plans • Reflected Ceiling Plans ■ Exterior Elevations • Roof Plans Interior Elevations of the Restrooms and Other Critical Areas H Architectural Details • • Door Schedules and Details ■ Structural Details 2. Structural: 15 Structural Calculations - Framing Layouts • Structural Material Specifications 3. Plumbing: Plumbing Plan,Details,and Notes • Plumbing Isometric Drawings of the Waste and Vent Systems ■ Plumbing Isometric Drawings for the Hot and Cold Water Systems 4. Mechanical: ° It is anticipated that the restroom building will be naturally ventilated and therefore mechanical plans and details will not be required. SAN JUAN CAPISTRANO•SACRAMENTO 23 www,RJM1designgroup.com•(9491 493-2600 48/139 is City of Chino Hills • Bird Farm Park community Inspired^... qpir RESIGN Mork MGROUP r 5. Electrical if 'Power and Lighting Plans, Legends, Schedule and Notes for the Restroom Building * Title 24 Calculations e, Electrical Design/Documentation Final drawings and specifications shall be completed at the contract documents phase, 1. Electrical load calculations. 2. Coordination with Power Company. 3. Electrical drawings and specifications including the following: a, Conduit and pull boxes for site lighting for walkway,security lighting systems, restroom building and shade structures. b. Sport court lighting for basketball court. c. Electrical provisions for irrigation controllers. d. Electrical service and distribution. 4. Title 24 lighting calculations. 5. Photometric Plan and calculation for proposed project site lighting. f. Technical Specifications Technical specifications for landscape site work construction only, will be prepared utilizing w the `Green Book' Standard Specifications for Public Works Construction or CSI format as determined by the City of Chino Hills and supplied to the City for packaging into the project fi manual. Architectural specifications will be prepared in C.S.I. format. City to provide the current standard "City boilerplate" that has been reviewed and refined by City staff to be tk pertinent to this project including, but not limited to, Notice Inviting Sealed Bids,Instructions to Bidders, Information required by Bidders, Bid Form, Bid Bonds, Agreement, Performance '_ Bond, Payment Bond, Insurance Documents, General Provisions, General/Supplementary ' Conditions,and General Requirements. 24 I SAN JUAN CAPISTRANO•SACRAMENTO www RJMdesigngroup.com•[9491 493-2600 49/139 Cit of Chino Hills • Bird Farm Park �• CityCommunityinspired wir � Wi ork lad GROUP ( g. Opinion of Probable Construction Cost Opinion of Probable Construction Cost services during the Construction Document Phase. consist of advising the City of any adjustments when the Construction Documents are at approximately 90% complete. h. Submit plans to the City at 35%, 65%,and 90% completeness for City of Chino Hills review. i. Two (2) meetings with City to review Plan Check comments. Submit and revise drawings per three (3) City plan check reviews. b j. Revise plans per City Plan Check comments. k. Submit plans at 100%completeness for City review. 1. Provide digital AutoCAD files of original Plans and Specifications to the City fi m. Submit final wet stamped and signed mylars to the City for printing and distribution to prospective bidders. MEETINGS: (2) City staff meetings; (1)Parks and Recreation Meeting;(1) City Council Presentation PRODUCTS: Construction Bid Documents; Opinion of Probable Construction Costs; Digital File of Original Plans and Specifications Note:RJM Design Group Inc.shall provide the necessary plan check revisions requested by the City of Chino Hills for three plan check submittals. All subsequent changes beyond three plan checks shall be done in accordance with the attached standard hourly rates. TASK 4- BIDDING AND NEGOTIATION A. Bidding Procedures The Consultant shall assist the City with the Bidding Phase of the project. Questions,clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Consultant. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. In addition,the Consultant shall attend a pre-bid conference,if required,and assist the City in awarding the construction contracts. i SAN JUAN CAPISTRANO•SACRAMENTO 25 vnrn.RJMdesigngroup.com•[949]493.2500 50/139 City of Chino Hills • Bird Farm Pork community Inspired...t . I_ ` DESIGN Work Pic h R M GROUP B. Upon completion of the construction drawings for the project,the Design Team shall prepare the , necessary documents for bidding to qualified General Contractors to prepare a Construction Bid to the City of Chino Hills. The Design Team shall also assist the Client in all evaluations and selection of the General Contractor for these improvements. They will also assist the Client in communications with the General Contractor and Subcontractors as requested for bidding procedures, billing reviews, progress payments,addenda evaluation,pricing,and clarifications. The Design Team shall prepare .' response to questions by the bidders and to provide the necessary bidding addenda during the bid '- period. TASK 5 --CONSTRUCTION OBSERVATION/ADMINISTRATION (Hourly as Requested) The Consultant Design Team shall attend job site meetings as requested by the City for an anticipated " 6-month construction period to generally review and evaluate the construction schedule, monitor performance,review quality control standards,and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Consultant for appropriate action. The Contractor's requests for information,proposal requests,and related communications shall be attended to on a regular basis. During the Construction Administration Phase of the project,the following services shall be furnished: A. Pre-construction Conference Attend (1) pre-construction conference facilitated by the City to brief all parties concerned 1 with technical requirements of the contract for construction. Procedural matters, routing of information,and project representatives shall be defined. Our proposal has assumed that the City will conduct the meeting and provide the Contractor with an overview of General Provisions. Attendees shall include representatives from City's staff, the Consultant, the Contractor,and all major Subcontractors. B. job Site Meetings Consultant shall attend twelve (12) job site meetings as requested by the City. Scheduling c - coordination, requests for information, and changes to the contract for construction are - routinely monitored. The Consultant shall provide a punch list of observed items and issues to the City for packaging and distribution to project personnel. 26 i SAN JUAN CAPISTRANO•SACRAMENTO wrw.RJMdesigngtoup,com•[949]493-2600 51/139 e City of Chino Hilis •• Bird Farm Park Community Inspired c" Work Ian a GROUP b )1 403.. e Our proposal has not provided for Construction Management Services. These services wo ild include the development of the project's General Provisions, monitoring submittal and RFI logs, etc. We have assumed the City will provide for these services through City personnel/inspectors and/or an independent construction management firm, t) C. Submittal and Shop Drawing Review The Consultant shall review all required shop drawings and related submittals as required by the contract documents. A D. Ountatinn Requests /Change Orders Services consisting of: 1. Preparation and distribution of Drawings and Specifications to describe work to be added, deleted,or modified. 2. Review of proposals from Contractor(s)for reasonableness of quantities and costs of labor and materials. 3. Review and recommendations relative to changes in time for substantial completion. 4. Coordination of communications, approvals, notifications and record-keeping relative to changes in the work. E. Proiect Close-Out At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be.published and distributed by the Consultant to all parties concerned,specifically noting required corrections;non-conforming work,and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected,at which time a Final Notice of Completion shall be filed by the City. r - - — ---- -__ --- SAN -SAN JUAN CAPISTRANO•SACRAMENTO , 27 wvrw.RJMdesigngroup.com•[949]493-2600 52/139 FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive,yet efficient,approach to the development of the Bird Farm Park project for the City of Chino Hills, This fee includes all costs to be incurred by RIM Design Group, Inc.with the exception of reimbursable expenses. Fees for the work are as follows: Task 1 Pre-Design $ 13,400.00 Task 2 Design Development $ 56,100.00 Task 3 Construction Documents $118,900.00 Task 4 Bidding and Negotiation(Estimate) $ 6,220.00 Task 5 Construction Observation/Admin. (Estimate) $ 30.380.00 Total Fee: $225,000.00 NOTE: Our fee is based upon an anticipated construction budget of $ 3,165,000. The proposal includes a single construction document package for one phase of construction. REIMBURSABLE EXPENSES(Estimated Allowance$25,000.00) When incurred,the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee: • Printing,plotting,copying,scanning,photography,graphic expenses • Delivery,shipping,and handling of documents • Permits,plan check,and inspection fees • Earthwork estimates • City business license • Soils testing PAYMENTS Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 11/z% of the amount due,compounded monthly. ASSUMPTI©NS 1. We assume all work will be done in one phase/one bid package. 2. Surface drainage and onsite storm drain only with connection to existing adjacent storm drain at property boundary. Includes onsite Hydrology Study and assumes City provides any contributing offsite flow rates. Excludes off site hydrology/ storm drain plans. Excludes upsizing of existing"offsite" facilities. Storm drains to be shown on Precise Grading Plan,plan view only. 3. Our proposal has excluded the provision of drilled borings for percolation and infiltration testing. Our proposal has assumed that this information will be included as part of the project geotechnical report provided for by the City. In the event that these borings are necessary,our consultant team will provide for such as an additional service. 53/139 4. This proposal assumes a separate set of off-site public street plans are not required. If a separate Street Plan Set is required for the proposed work along the public R.O.W.Our design team will prepare the plan set as an Additional Service. Grading adjacent to the street will be shown on Grading Plan. 5. This proposal includes on-site hydrology as directly impacted by the proposed improvements and excludes any studies of off-site hydrology. This proposal excludes any retention/detention basins and/or design/build pump systems to retain initial storm runoff, other than that as required by current NPDES regulations for LID/Hydromodification. ADDITIONAL SERVICES The following services will be performed at your request,and shall be considered additional services to the above,reimbursable on an hourly basis: 1. Exhibit preparation beyond that identified in the Scope of Services, 2. Revisions to the work following authorization by client to proceed with working drawings, changes in scope or modifications of the project,design of and/or participation in work beyond the designated site. 3. If it is in the interest of the project to engage or retain the services of any other consultants (geotechnical engineer, graphic/sign designer, environmental engineer, etc.), then upon Client's written authorization, RJM Design Group, Inc. may engage or retain any such consultant,and the engagement of each consultant shall be an expenditure reimbursable to RJM Design Group,Inc.,plus a 15% coordination fee. 4. Preparation of digital record drawings based upon contractor provided as-builts. These drawings will be provided as an additional service as requested by the City. CONSULTANTS STANDARD HOURLY PEE SCHEDULE No special consulting services other than those identified are included as part of the professional services. Compensation for supplemental services will be on an hourly basis at our standard rates as follows: RJM DESIGN GROUP,INC. PRINCIPAL LANDSCAPE ARCHITECT $165.00 -$185.00 per hour ASSOCIATE LANDSCAPE ARCHITECT $145.00-$155.00 per hour LANDSCAPE ARCHITECT $130.00-$140.00 per hour JOB CAPTAIN/LANDSCAPE DESIGNER $115.00-$125.00 per hour CADD TECHNICIAN $100.00-$110.00 per hour GRAPHICS $ 90.00 per hour CLERICAL $ 75.00 per hour 54/139 CIVTEC (CIVIL ENGINEERING) PRINCIPAL $175.00 per hour PROJECT MANAGER $140.00 per hour PROJECT ENGINEER $110.00 per hour PROJECT SURVEYOR $120.00 per hour DESIGN ENGINEER $100.00 per hour DRAFTSPERSON $ 75.00 per hour PROJECT ASSISTANT $ 60.00 per hour 2-MAN SURVEY CREW $230.00 per hour 3-MAN SURVEY CREW $280.00 per hour CRANE ARCHITECTURAL GROUP PRINCIPAL ARCHITECT $195.00 per hour ASSOCIATE ARCHITECT $160.00 per hour FBA ENGINEERING (ELECTRICAL) PRINCIPAL $175.00 per hour ASSOCIATE $135.00 per hour CONSTRUCTION SUPPORT $115.00 per hour ELECTRICAL DESIGNER $ 95.00 per hour CAD DESIGNER $ 80.00 per hour CAD OPERATOR $ 70.00 per hour TECHNICAL TYPIST $ 50.00 per hour GLASIR (IRRIGATION DESIGN) IRRIGATION DESIGNER $ 90.00 per hour SITE OBSERVATION $120,00 per hour ADS CONSULTING ENGINEERS (STRUCTURAL) PRINCIPAL $185.00 per hour PROJECT ENGINEER $150.00 per hour CARD OPERATOR/DRAFTER $100.00 per hour TECHNICAL TYPING AND REPRODUCTION $ 80.00 per hour SITE VISIT $150.00 per hour *charges for subconsultant services are billed at cost plus a 15%coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index,beginning with August 1, 2017. Provisions for fee escalation pertain to all contract extensions and additional work. 55/139