HomeMy WebLinkAboutPW Peacock Gap Playground Project____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 18, 2023
Disposition: Authorize the City Manager to Enter into a Professional Services Agreement with
Royston, Hanamoto, Alley & Abey for Landscape Architectural and Engineering Design Services
for the Peacock Gap Park Playground Project in the Amount Not to Exceed $130,000
Agenda Item No: 4.e
Meeting Date: December 18, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Sage Crosby, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
File No.: 06.07.13
TOPIC: PEACOCK GAP PARK PLAYGROUND PROJECT
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH ROYSTON, HANAMOTO, ALLEY & ABEY FOR LANDSCAPE
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE PEACOCK
GAP PARK PLAYGROUND PROJECT IN THE AMOUNT NOT TO EXCEED $130,000
RECOMMENDATION: Authorize the City Manager to enter into a Professional Services Agreement with
Royston, Hanamoto, Alley & Abey in the amount not to exceed $130,000 and appropriate funds for the
contract.
BACKGROUND: Peacock Gap Park is a neighborhood park located on 4.1 acres of land in the San
Pedro Peninsula of San Rafael. Park amenities include a playground, restroom, tennis courts, picnic
tables, and a parcourse. Peacock Gap is one of the City’s most frequently visited parks and is proposed
as one of the near-term priority park projects in the 2023 Citywide Parks and Recreation Master Plan
(CPRMP).
While the CPRMP identifies several improvements for Peacock Gap Park, this project will focus on the
play areas. This includes redesigning the existing play area to replace the playground structures,
installing engineered wood surfacing and landscaping, addressing ADA access and parking access, and
upgrading nearby benches and picnic tables.
ANALYSIS: On September 29, 2023, the City released a Request for Proposals (RFP) for landscape
architectural and engineering design services for this project. On October 26, 2023, six proposals from
qualified firms were received. Four firms were evaluated and interviewed by City staff based on criteria
specified in the RFP, including, but not limited to, completeness of the proposal, relevant experience and
success in similar projects, experience and quality of project team, understanding of the project scope of
work, ability to meet deadlines and operate within budget, familiarity with federal grant procedures, and
references by former clients on similar projects. City staff found Royston, Hanamoto, Alley & Abey
(“RHAA”) and their sub-consultants to be the most qualified consultant team for this project. RHAA has
submitted a proposal to perform landscape architectural and engineering design services, which staff has
reviewed and found to be complete and within industry standards.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The recommended Professional Services Agreement with RHAA will provide project management and
coordination services, develop conceptual plans, develop construction contract documents, including an
order-of-magnitude construction estimate for budgeting purposes, and provide construction support.
ENVIRONMENTAL DETERMINATION: This project will qualify for a Categorical Exemption in the
following categories: Existing Facilities (§15301); Replacement or Reconstruction (§15302); and Minor
Alterations to Land (§15304).
COMMUNITY OUTREACH: At the recent movie night at Peacock Gap Park on September 8, 2023, staff
shared the City’s plan to redesign the playground and collected contact information for community
members interested in the project. The City plans to conduct additional outreach efforts, including an in-
person event and an online survey, as part of the design process.
FISCAL IMPACT: The Peacock Gap Park Project is identified in the 2023-24 Capital Improvement
Program. This agreement will be funded with an appropriation of $130,000 in Measure A funds.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the agreement.
2. Do not authorize the City Manager to enter into the agreement and provide further direction to
staff.
RECOMMENDED ACTION: Authorize the City Manager to enter into a Professional Services Agreement
with Royston, Hanamoto, Alley & Abey in the amount not to exceed $130,000 and appropriate funds for
the contract.
ATTACHMENT:
1. Draft PSA with RHAA for Landscape Architectural and Engineering Design Services (with Exhibit
A)
Rev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
RHAA LANDSCAPE ARCHITECTS
FOR LANDSCAPE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
This Agreement is made and entered into as of ________________________ (the
“Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California
municipal corporation (hereinafter "CITY"), and ROYSTON HANAMOTO ALLEY & ABEY
(hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually
as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide
certain goods and/or required services of the quality and type which meet objectives and
requirements of CITY; and
C. The Parties have specified herein the terms and conditions under which
such services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement,
CONSULTANT shall furnish all technical and professional services, including labor,
material, equipment, transportation, supervision and expertise (collectively referred to as
“Services”) to satisfactorily complete the work required by CITY at its sole risk and
expense. Services to be provided to CITY are more fully described in Exhibit A entitled
“SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this
Agreement by CITY is predicated upon representations made by CONSULTANT in that
certain proposal, dated December 1, 2023 (“Proposal”) set forth in Exhibit A, which
constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, CITY
shall pay CONSULTANT for all materials provided and services rendered by
v 08.22 2
CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for
a total amount not to exceed $120,000.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City’s receipt of invoice.
3. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is
subsequently modified by a written amendment to this Agreement, the term of this
Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year
from the Effective Date.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. Sage Crosby is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONSULTANT’S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Barbara Lundburg is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the
CONSULTANT shall notify the CITY within ten (10) business days of the substitution.
5. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15)
days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination, to the reasonable satisfaction of the
party giving such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior
written consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONSULTANT and any and all of CONSULTANT's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall
be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
v 08.22 3
6. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection
with the performance of its duties under this Agreement, shall be the sole property of CITY.
CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent,
for inspection and audit, all documents and materials maintained by CONSULTANT in
connection with its performance of its duties under this Agreement. CONSULTANT shall
fully cooperate with CITY or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement
nor the performance of any of their respective obligations hereunder, without the prior written
consent of the other party, and any attempt to so assign this Agreement or any rights, duties
or obligations arising hereunder shall be void and of no effect.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY
insurance policies with respect to employees and vehicles assigned to the performance
of Services under this Agreement with coverage amounts, required endorsements,
certificates of insurance, and coverage verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section,
CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend
with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees
and volunteers (collectively, the “City Indemnitees”), from and against any claim,
demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively
“CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of
its operations under this Agreement. The CONSULTANT's obligations apply regardless
of whether or not a liability is caused or contributed to by the active or passive negligence
of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's
indemnification obligation shall be reduced in propo rtion to the City Indemnitees’ share
of liability for the active negligence or willful misconduct. In addition, the acceptance or
approval of the CONSULTANT’s work or work product by the CITY or any of its directors,
officers or employees shall not relieve or reduce the CONSULTANT’s indemnification
v 08.22 4
obligations. In the event the City Indemnitees are made a party to any action, lawsuit,
or other adversarial proceeding arising from CONSULTANT’S performance of or
operations under this Agreement, CONSULTANT shall provide a defense to the City
Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense,
including reasonable attorneys’ fees, incurred in defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement
are design professional services to be performed by a design professional as that term is
defined under Civil Code Section 2782.8, then, to the extent permitted by law including
without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall
indemnify and hold harmless the CITY and its officers, officials, and employees
(collectively City Indemnitees) from and against damages, liabilities or costs (including
incidental damages, Court costs, reasonable attorney’s fees as may be determined by
the Court, litigation expenses and fees of expert witnesses incurred in connection
therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or
subcontractor or anyone directly or indirectly employed by them, or anyone for whom they
are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify
any indemnity shall not apply to the extent that such Liabilities are caused in part by the
negligence or willful misconduct of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are
undertaken in addition to, and shall not in any way be limited by, the insurance obligations
contained in this Agreement, and shall survive the termination or completion of this
Agreement for the full period of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local
laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. CONSULTANT shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONSULTANT shall
release, defend, indemnify and hold harmless CITY, its officers, agents and employees from
any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create
in any third party, any benefit or right owed by one party, under the terms and conditions of
v 08.22 5
this Agreement, to the other party.
14. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by
personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the
date of personal delivery, or if mailed, upon the date of deposit with the United States Postal
Service. Notice shall be given as follows:
To CITY’s Project Manager:
Sage Crosby, Junior Engineer
111 Morphew Street
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Barbara Lundburg
225 Miller Avenue
Mill Valley, CA 94901
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONSULTANT, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and
not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that
the status of CONSULTANT, its officers, agents and employees be that of an Independent
Contractor and not that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the
parties with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONSULTANT and the
CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and
the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Agreement shall control.
v 08.22 6
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to
CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses,
assessments, unpaid checks or other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to
be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any
subsequent breach or violation of the same or other term, covenant, condition, ordinance,
law or regulation. The subsequent acceptance by either party of any fee, performance, or
other consideration which may become due or owing under this Agreement, shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any term,
condition, covenant of this Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code, and CONSULTANT
shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not
be required to pay for any work performed under this Agreement, until CONSULTANT has
provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer
Identification Number and Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or
termination) of this Agreement shall remain in effect until fulfilled and shall apply to both
Parties’ respective successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
v 08.22 7
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one document. Counterpart signature pages may be delivered by telecopier,
email or other means of electronic transmission.
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day,
month and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CHRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more
fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.
Rev. 08.22 B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY
insurance policies with respect to employees and vehicles assigned to the performance
of Services under this Agreement with coverage amounts, required endorsements,
certificates of insurance, and coverage verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT
shall maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability
insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal
injury, or property damage.
2. Automobile liability. An automobile liability (owned, non-owned, and
hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000)
per occurrence.
3. Professional liability. If any licensed professional performs any of the
services required to be performed under this Agreement, a professional liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million
dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's
performance of services under this Agreement. Where CONSULTANT is a professional not
required to have a professional license, CITY reserves the right to require CONSULTANT
to provide professional liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, CONSULTANT
shall maintain workers’ compensation insurance, as required by the State of California,
with statutory limits, and employer’s liability insurance with limits of no less than one
million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT’s
workers’ compensation insurance shall be specifically endorsed to waive any right of
subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its
officers, agents, employees, and volunteers, as additional insureds (for both ongoing and
completed operations) under the policies.
2. The additional insured coverage under CONSULTANT’s insurance
v 08.22 B-2
policies shall be “primary and noncontributory” with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for
any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies
shall be at least as broad as ISO form CG20 01 04 13.
3. Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONSULTANT may
acquire against CITY by virtue of the payment of any loss under such
insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether or not
CITY has received a waiver of subrogation endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less
than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by
a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written
contract or agreement) before CITY’S own insurance or self-insurance shall be called upon
to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available
insurance proceeds broader than or in excess of the specified minimum insurance coverage
requirements and/or limits shall be available to CITY or any other additional insured party.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage
and limits specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured; whichever is
greater. No representation is made that the minimum insurance requirements of this
Agreement are sufficient to cover the obligations of the CONSULTANT under this
Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other
party involved with the Services, who is brought onto or involved in the performance of
the Services by CONSULTANT, provide the same minimum insurance coverage required
of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage
is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees
v 08.22 B-3
that upon request by CITY, all agreements with, and insurance compliance documents
provided by, such subcontractors and others engaged in the performance of Services will
be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no
contract used by any party involved in any way with the Services reserves the right to
charge CITY or CONSULTANT for the cost of additional insurance coverage required by
this Agreement. Any such provisions are to be deleted with reference to CITY. It is not
the intent of CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums or other
amounts with respect thereto.
C. Deductibles and SIR’s. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and
shall not reduce the limits of liability. Policies containing any self-insured retention (SIR)
provision shall provide or be endorsed to provide that the SIR may be satisfied by either the
named insured or CITY or other additional insured party. At CITY's option, the deductibles
or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's
satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney’s fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT
MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or
endorsement page listing all policy endorsements for the commercial general liability policy,
and (3) excerpts of policy language or specific endorsements evidencing the other insurance
requirements set forth in this Agreement. CITY reserves the right to obtain a full certified
copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise
this right shall not constitute a waiver of the right to exercise it later. The insurance shall be
approved as to form and sufficiency by the CITY.
December 1, 2023
Sage Crosby, EIT
Junior Engineer
Department of Public Works
City of San Rafael, CA
RE: Landscape Architectural Design Services for Peacock Gap Playground
Dear Sage,
Please find attached RHAA’s updated team fee proposal for the renovation of
Peacock Pap Park’s Children’s Play Area. We understand that the Scope of
Services will focus on providing new school and tot age play structures,
resurfacing the play areas with new engineered wood chips, providing new
landscaping, providing ADA access to the playground, and upgrading benches
and picnic tables.
The Team Fee Summary includes the proposed fees and detailed information
from our two sub-consultants (CSW Stuber Stroeh – Civil Engineering, and Mack5
– Cost Estimation) together with RHAA’s fee as the prime consultant.
This is a revised fee proposal based on the Work Plan scope revisions discussed
on our call on Friday (11/17). Scope to include:
Project Management: Build time into SD and CD phases.
Schematic Design: Scope remains identical. To include concept plan
alternatives, community outreach, and meetings. RHAA to prepare SD
ROM estimate.
Design Development: Scope incorporated into CDs.
Environmental: Scope removed. City of San Rafael will prepare an
environmental declaration.
Construction Documents: Deliverables remain identical. To include 65%
& 100% CDs, and a Bid Set (drawings and technical specs). Mack5 to
prepare 65 and 100% CD estimate. A T&M line item has been added in
lieu of environmental fee.
Bid Support: Scope remains unchanged.
Construction Administration: Scope remains largely unchanged. OAC
Meetings are removed. Site Visits are reduced to 3 occurrences.
Please review the revised fee and let us know if adjustments are needed. We are
excited to begin working with you again on Peacock Gap Playground.
Sincerely,
Barbara Lundburg John Martin
Principal, (415) 383-7905 Senior Associate, (415) 762-2531
barbara@rhaa.com john@rhaa.com
Main Office
225 Miller Avenue,
Mill Valley, CA 94941
San Francisco Office
323 Geary Street, #602
San Francisco, CA 94102
rhaa.com
415.383.7900
CONSULTANT TEAM FEE
$82,692
CSW Stuber Stroeh - Civil Engineering $20,600
mack5 - Cost Estimating $15,520
$118,812
$1,188
Landscape Architectural and Design Services
Peacock Gap Park Playground Project No 11436
Fee Summary for RHAA and Consultant Team
December 1, 2023
Total Proposed Fee Labor
Proposed Reimbursable Costs - printing/ community meeting materials
RHAA Landscape Architects - Prime Consultant
FEE SUMMARY
Task 1 $ 24,140
Task 2 Construction Documents $ 29,765
Task 3 Bid Phase Support $ 3,880
Task 4 Construction Administration $ 17,215
Task 5 Fee for scope to be determined $ 7,692
$ 82,692
Principal
Project
Manager Designer
$300 $285 $170
1A.111
a.
1B. Develop conceptual plan alternatives 41448
a. Site
b. Playground
c. Prepare support graphics of site elements and materials
1C.111
1D. Community outreach
a. In-person event 444
b. Online survey 3
1E.1420
1F. Prepare cost estimate - mack5
1G. Present Final Conceptual Playground Plan to the Park and Recreation Commission - 1 meeting 2 2
Hours 11 26 79
$3,300 $7,410 $13,430
$24,140
2A. Incorporate all comment and develop the following drawings: 3 21 66
a. Title Sheet
b. General Notes and Legends
c. Accessibility Plan
d. Site Survey/Existing Conditions - civil
e. Demolition Plan - civil
f. Tree Protection Plan
g. Grading /Drainage Plan - civil
h. Utility Plan - civil
i. Stormwater Control Plan - civil
j. Civil Details - civil
k. Layout Plan
l. Fine Grading Plan
m. Construction Plan
n. Construction Details
o. Playground Enlargement Plan
p. Planting Plan and details
q. Irrigation Plan and details
2B.44
2C. Submittals at 65%,100%, Bid set 36
a. Review meetings with city staff
2D. Update cost estimate at 65%,100% submittal 2
2E.6
2F. Written responses to comments on revisions provided by the city 24
2G. Quality Control Reviews 336
2H. Team coordination 4
Hours 10 45 82
$3,000 $12,825 $13,940
$29,765
Schematic Design
Coordinate Measurement and Payment with Bid Form
Total Task 2
December 1, 2023
Fee Proposal for Landscape Architectural Services
Labor Total
Task 1 Schematic Design
Technical Specifications
Fees
Orientation Meeting with the City/confirm program and approach
Task 2 Construction Documents
Incorporate all input and prepare Final Conceptual Playground Plan
Project parameters, work scope, budget, schedule, agency requirements, outreach plan, meeting
notes, & schedule
Landscape Architectural and Engineering Design Services for
Peacock Gap Park Playground Project No. 11436
Meet with city staff for review
Fees
Total Task 1
1 of 2
3A.33
3B.4
3C.24
3D. Review construction bids and make recommendation of award 1 1
1611
$300 $1,710 $1,870
$3,880
4A.1
4C. Review submittals - assume 10 520
4D. Respond to Request for Information (RFI'S) - 10 520
4E. Issues Landscape Architectural Supplemental Information (LASI) assume 2 2 8
4F. Site visits - assume 3 6
a. Prepare reports for each site visit 3
4G. Attend final review 2
a. Prepare punch list 1
4H. Prepare Record Drawings 28
02756
$0 $7,695 $9,520
$17,215
$7,692 Total Task 5
Fees
Attend pre construction meeting
Task 5 Fee for scope to be determined
Task 4 Construction Administration
Task 3 Bid Phase Support
Respond to questions
Contract Addenda
Prepare conformed Construction Documents
Hours
Fees
Total Task 3
Total Task 4
2 of 2
504 Redwood Blvd, Suite 310
Novato, CA 94947
www.cswst2.com
415.883.9850
Berkeley
Novato
Redwood City
Richmond
Pleasanton
San Jose
Page 1 of 4
Project Number 2300301 Date: November 20, 2023
Barbara Lundberg, Vice President
RHAA
225 Miller Avenue
Mill Valley, CA 94941
Subject : Civil Engineering Service Proposal – Peacock Gap Playground
Dear Barbara:
Thank you for the opportunity to support your team to prepare Construction Drawings for the Peacock Gap Park
located in San Rafael, CA. We understand the project includes the replacement of the playground structure and
surfaces around the playground as well as address accessibility issues and parking access. Below is our proposed
scope of services to support this effort.
SCOPE OF SERVICES
TASK 1: SCHEMATIC DESIGN
1.1 Data Collection and Field Review. Our team will visit the site to review features and confirm the topographic
and utility data provided by other team members accurately depicts field conditions. We will note any
discrepancies found. During this phase, we will collect as-built utility information for water, sewer, and storm
drainage infrastructure.
1.2 Prepare Base Map. Our team will prepare a base map from information collected in Task 1.1 as well
as information provided by the owner and through record data and CAD files, site photos, aerial
imagery, and a topographic survey (if one is provided). This base map will be used to create the existing
conditions site plan and be used as a background for future plans and exhibits.
1.3 Coordination. Our team will coordinate with the design team to refine utility infrastructure required
to support the project as well as develop a rough grading strategy.
1.4 Deliverable. We will prepare a plan showing the Final Conceptual layout with rough grading and utility
design for estimating purposes.
TASK 2: CONSTRUCTION DOCUMENTS
2.1 Coordination. Our team will coordinate with the design team to refine utility infrastructure required to
support the project as well as continue to develop the rough grading strategy.
2.2 Construction Documents (65% and 100% CDs). We will provide the following plans (plans may be
combined where possible):
A. Demolition Plan
B. Utility Plan;
C. Grading & Drainage Plan;
D. Erosion Control Plan;
E. Storm Water Quality Control;
F. Civil Detail Sheet;
Peacock Gap Playground
Civil Proposal
Page 2 of 4
G. Specifications for Civil Scope items (CSI Format);
2.3 Response to Comments. We have assumed one round of comments for each the 65% CD and the 100% CD
Packages for a total of two. Our final package will be the BID set.
2.4 Permit Support. Based upon the 65% set, our team will support in obtaining a building and encroachment
permits.
2.5 Bid Documents. Based upon the final permit, we will prepare our plans for use in bidding. This task will include
additional minor revisions to the design from client direction.
2.6 Meetings. We will attend four (4) meeting during this phase of the project.
TASK 3: BIDDING AND CONSTRUCTION ADMINISTRATION
3.1 Bidding Support. Our team will assist during the bidding phase by assisting in outreach, attending the
pre-bid meeting, responding to contractor requests for information, and preparing a bid addenda if
necessary.
3.2 Construction Support. During construction, the team will review submittals, respond to contractor
questions, provide technical guidance, visit the site on two (2) occasions during construction, and prepare
a punch list near the completion of construction.
COMPENSATION
CSW|ST2 agrees to provide the services described above on a lump sum percent complete basis, in
accordance with our current Hourly Rates and Billing Policy. We request our design budget for this project
be $20,600 to complete all tasks listed under the SCOPE OF SERVICES section broken down by task below:
Task 1 Schematic Design $4,500
Task 2 Construction Documents $12,300
Task 3 Bidding and Construction Administration $3,800
TOTAL $20,600
We will proceed with each Task upon written approval and authorization.
ADDITIONAL SERVICES
CSW|ST2 agrees to perform all of the items listed in the Scope of Services. However the following items are
excluded from the Scope of Services of this contract. They may be added at the request of the Client as a
revision to this proposal, or amendment. Additional items CSW|ST2 can provide include (but not limited to):
1. Site Topographic Survey
2. Boundary Survey
3. Construction Staking
SERVICES AND STANDARD OF CARE
CSW|ST2’s services shall be limited to those expressly set forth above. We shall have no other obligations
or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSW|ST2’s
services shall be provided consistent with, and limited to, the standard of care applicable to such services.
CSW|ST2 shall provide its services consistent with the professional skill and care ordinarily provided by
consultants practicing in the same or similar locality under the same or similar circumstances.
Peacock Gap Playground
Civil Proposal
Page 3 of 4
We appreciate this opportunity. If you have any questions or require further information, please contact
me at 925.787.4982 or by email at mvidra@cswst2.com.
Very truly yours,
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
Richard J. Souza
R.C.E. #67892, Expires 6/30/24
Peacock Gap Playground
Civil Proposal
Page 4 of 4
BILLING RATE SCHEDULE
Effective January 1, 2023 – December 31, 2023
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 193.00
Engineer I, II, III $ 138.00, $ 168.00, $ 187.00
Technician
Engineering Assistant
$ 126.00
$97.00
SURVEY SERVICES HOURLY RATES
OTHER PROFESSIONAL RATES
Principal $ 248.00 - $ 276.00
Associate Principal $ 236.00
Project Manager
Landscape Architect
Sr. Landscape Architect
$ 210.00 - $ 231.00
$ 150.00
$ 165.00
Construction Manager $ 226.00
Resident Engineer $ 166.00
Technical Writer $ 133.00
Graphic Illustrator $ 126.00
Project Assistant $ 97.00
· All expenses for transportation (mileage, bridge fare, etc.) will are included in our fee.
· Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will
be charged at cost, plus service charges at the rate of 10%.
· Billing will be monthly net 30 days.
Senior Surveyor $193.00
Surveyor I, II, III $ 138.00, $ 168.00, $ 187.00
Survey Technician
Surveying Assistant
$ 126.00
$97.00
Two Person Survey Party $ 303.00
Survey Party Chief
Survey Chainman
Survey Apprentice
$ 209.00
$ 94.00
$ 80.00 - $94.00
Aerial Drone Surveyor $ 209.00
Peacock Gap Park Playground
Cost Planning and Estimating Services
mack5 Services:
Owner’s
Representative
Project Management
Construction
Management
Cost Management
Cost Planning
mack5
Headquarters
1000 Broadway
Suite 260
Oakland, CA 94607
Richmond Office
322 Harbour Way
Suite 16
Richmond, CA 94801
phone 510.595.3020
November 21, 2023
Barbara Lundburg
225 Miller Ave
Mill Valley, CA 94941
Dear Miss Lundburg:
We are pleased to provide this proposal for Cost Planning and Estimating services
for the proposed Peacock Gap Park Playground.
Background
The City of San Rafael wishes to renovate their existing playground at
Peacock Gap Park. Renovations include new playground equipment, site
furnishings, and ADA path improvements.
Scope of the Assignment
Provide cost estimates as described on the following page, prepared and
presented in component or Uniformat.
scope of
services/fee
Our proposed fee for the Project is as follows:
• Schematic Design Review of RHAA’s
Magnitude of Cost Estimate
• 65% Construction Documents Cost Estimate
• 100% Construction Documents Cost Estimate
$1,000
$7,860
$6,660
Total Fee $15,520
conditions The total fee is valid for ninety (90) days from the date of this proposal, should the scope of
service be altered we reserve the right to adjust our fee proposal accordingly. Our fee does
not include life cycle cost analysis.
schedule mack5 is available to start as soon as required. Commonly we require 2-3 weeks to complete
an estimate after receipt of documents.
reimb expenses Reimbursable expenses are included in the fee proposal.
hourly rates Our 2024 hourly rates are below. Rates are adjusted annually, normally about 3-4% per
annum.
Principal/Managing Principal
Senior Cost and Project Managers
Cost and Project Managers
Project and Cost Engineers
Administrative Support
$260 - $270/hr
$210 - $260/hr
$185 - $210/hr
$135 - $160/hr
$ 98/hr
additional services Value engineering (unless specifically included above), additional estimates, estimating
changes in scope, estimate comparisons, and reconciling estimates with those of a third party
are not included in the scope of services/fee, and will all be deemed additional services apart
from those specifically mentioned above.
other
services
mack5 provides valuable additional services including our Cost Model Manager and Project
/ Construction Management.
Please do not hesitate to contact me should you require any further information or clarification.
Sincerely,
Cynthia Madrid, Senior Cost Consultant
510-595-4730 direct, cmadrid@mack5.com