111 Scripps Drive | Sacramento, California 95825
916.945.8003 | 916.342.7119
March 7, 2023
Jim Schaad, City Manager
City of Marysville
526 C Street
Marysville, CA 95901
(via email)
RE: PROJECT NAME
LOCATION
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Jim;
Thank you for the invitation to propose on this project. The following is my understanding of the project, the phases and projected timeline. Proposed scope and fee follows. If this proposal meets with your approval, please sign where indicated. Your signature on this proposal constitutes a binding written contract between the City of Marysville (“Client”) and Roach & Campbell (“we” or “us” or “Landscape Architect”).
I. Project Description
Master Plan for the approximately 40 acre Ellis Lake (the “Project”), in Marysville, California. The Project will conceptually convey the locations, styles, sizes, and approximate quantities for the proposed elements. The proposed elements may include the following, some elements may be excluded due to space constraints or community feedback. • A 6 foot wide bicycle and pedestrian path offset from lake edge. • Modified lake footprint where required to allow for bicycle and pedestrian path. • Enhanced connectivity from the southwestern most corner of the lake to the ballpark. • Playgrounds and tot lots.
• Footprint for common restrooms shared between lake and ballpark. • Small stage with lighting for night use.
• Additional lake-facing outdoor dining at south end of lake and/or near ballpark. • Additional pedestrian facilities along C street north of 14th. • Lighting to allow for extended nighttime use of bike/ped trail and a recreation feature. • Fishing areas/piers.
• Kayak, paddle board launch site.
• Outdoor gym exercise equipment.
• Enhanced recreation opportunities.
• Picnic/Bar-B-Que areas.
• Secure garbage/recycling receptacles aligning with City standards and maintenance staff recommendations.
• Splash pad.
• Facilities improvements within the north and east side of the ballpark. • Controlled pedestrian crossings across 14th street.
• Incorporation of Yuba Water facility (designed by others) into lake. • Highlight existing historic and cultural features and incorporate additional artifacts as available.
The Project will incorporate the conceptual design previously prepared by HELIX Environmental Planning for the Clean California grant proposal. This proposal assumes we will receive this document from the City in electronic format. It will also be informed by the City’s 2019 Park and March 7, 2023 Ellis Lake Master Plan Proposal Page 2 of 9 111 Scripps Drive | Sacramento, California 95825
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Open Space Master Plan and the 2016 Bicycle & Pedestrian Plan and will coordinate with the inprogress specific plan for the area.
II. Scope of Work
Task 1 – Master Plan
1. Attend in-person kick-off meeting with City Manager and other staff as requested to discuss vision, anticipated grant efforts, budget and schedule, and Yuba County Water Agency requirements. Follow kick-off meeting with site visit to review existing conditions and address outstanding information.
2. Review the Client’s project schedules, existing design efforts, City documents, grant requirements, design requirements, John McLaren’s original design intent, Yuba County Water Agency requirements, and applicable local and state requirements.
3. Provide black and white diagrams to assess which elements will fit with the Project and to inform optional public survey and outreach meeting 1 (if selected).
4. Once the elements have been selected, and optional public feedback collected (if selected), we will develop a draft black and white master plan and opinion of probable cost showing the overall project, significant features, design theme, and general layout and arrangement of spaces.
5. We assume two coordination meetings to discuss draft black and white master plan and cost estimate. One with City staff and other City consultants, such as City engineer and the second with Yuba County Water Agency. If additional meetings are required, they may be selected under Optional Task 4.4.
6. Upon receiving City and Consultant input, we will provide a color rendered master plan for presentation to the public (if selected) or presentation to Council (if selected).
7. Up to eight hours of revisions will be incorporated based on Council feedback for final approved Master Plan.
Deliverables:
• Kick-off agenda
• Project diagram
• Draft black and white master plan
• Two coordination meeting agendas
• Draft color master plan
• Final master plan
Task 2 – Council Meetings
This is the per-meeting cost for presentations to Council, if further presentations are desired, please multiply this cost by the desired number of meetings.
1. We will present the Color Rendered Master Plan to City Council for review and comments.
Presentation is anticipated to be in-person with meeting lasting no more than three hours.
Task 3 –Coordination and Grant Support
Our cost includes up to 16 hours of coordination or grant review or identification assistance.
1. This project is likely to require coordination with non-profit partners, Yuba County Water Agency, SACOG, and various grant programs. We can provide time and materials support for this coordination, or provide a scope and cost for specific coordination when the need arises.
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2. This project is anticipated to pursue grant funding. We can provide grant writing and support when specific grant applications are identified for pursual.
Task 4 – Optional Public Outreach
Public outreach may be required by future grant opportunities, which may vary based on the opportunity. Outreach is also recommended to best align the design with the public’s needs.
Below outreach opportunities can be selected individually or mixed and matched.
1. Prior to developing diagrams, we will hold one in-person listening session either on-site or at a City provided location to introduce this phase of the master plan development and hear the communities needs and suggestions.
2. We will prepare an online survey to determine the publics preferred site elements and needs. This will take place after the completion of the diagram development and before the draft master plan. The key intent is to identify the highest priority design elements for this limited space.
3. We will host an in-person meeting either on-site or at a City provided location to determine the publics preferred site elements and needs. This meeting will have the same goal and materials as the online survey if selected. This will take place after the completion of the diagram development and before the draft master plan.
4. We will hold a one-on-one or small group meetings with various stakeholders for feedback on the black and white draft master plan. This feedback will be incorporated into the color rendered draft master plan.
5. We will host an in-person meeting to present the draft master plan and obtain feedback. In order to incorporate this feedback, we will prepare an additional draft master plan after the completion of this meeting for presentation to Council.
III. Exclusions to Scope of Services.
The Client shall provide the following information or services as required for performance of the Scope of Services. We assume no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should we be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. a. Topography and survey indicating existing conditions and utilities including base information for the project as well as boundary limits. A topographic survey is required for this project and is anticipated to be contracted by the City separately and completed by City engineer, MHM.
b. Legal descriptions of property.
c. Geotechnical soils report.
d. Discovery or removal procedures for hazardous waste, wells, underground tanks or archaeological artifacts.
e. City public meetings and/or presentations (if optional task not selected). f. Roadway Improvements including curb, gutter and sidewalk. g. Civil, Structural, or Electrical engineering services. h. Lake design, modification, hydrological studies, or similar. i. Utility company/entity application processing and/or coordination. j. Tree survey, mitigation plan and/or Arborist’s Report. k. SWPP documentation and/or erosion control plans.
l. Environmental permitting.
m. Grant writing.
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IV. Fee Proposal (all are fixed fees unless otherwise noted) Task Description Landscape Architectural
Fixed Fee
1 Master Plan $26,000
2 Council Meeting (per occurrence) $1,300
3 Coordination and Grant Writing Support $2,480
TOTAL FIXED FEE including reimbursable expenses $29,780 Optional
Task
Description Landscape Architectural
Fixed Fee
4 Public Outreach -
4.1 Listening Session $2,100
4.2 Online Survey $1,110
4.3 Public Meeting – Site Elements $2,500
4.4 Stakeholder meetings (per occurrence) $1,300
4.5 Public Meeting and Draft Design $6,200
V. Compensation Terms
A. Additional Services are not included under this proposal. If requested and authorized in writing by the Client, such services will be billed on a “time and materials” basis at the following hourly rates:
Principal Landscape Architect $180
Landscape Architect $150
Landscape Designer $110
Support Staff $75
B. Services and fees for items not listed above, as well as for other disciplines (electrical engineering, structural engineering) are not included in this proposal. Such services, if required, will be retained upon authorization by the Client and billed at 1.15 times actual cost.
C. Reimbursable expenses are included in the above proposed fee schedule. Such expenses include, but are not limited to, telecommunication charges, lodging, mileage, and travel out of town, reprographics, postage, rental of equipment and vehicles, messenger and/or delivery charges, photographic supplies, and soil fertility testing. Charges for reimbursable expenses are computed at 1.15 times actual cost.
D. If the Client makes a decision which involves additional services and expenses for changes in the drawings, specifications or other documents, or if the Landscape Architect incurs labor or expenses due to delays caused by the Client or a Contractor, the Landscape Architect is to be paid by the Client for such additional services, expenses, or legal fees that may be incurred.
This will include changes in the site plan after work commences by the Landscape Architect.
E. Additional expense incurred by the Landscape Architect during construction due to changes in the site plan or contract documents caused by failure of the Client to provide adequate information will not be the responsibility of the Landscape Architect. Services that may be necessary to correct the contract documents will be billed as additional services. All additional services and expenses will be billed pursuant to subsections A and B of this Part.
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F. Invoices will be submitted monthly based on work completed for that billing cycle. Accounts are due and payable within thirty days of receipt at the offices of Roach & Campbell, in Sacramento, California by check, electronic deposit, or any other method as agreed in writing.
A finance charge of 1 1/2% per month, or the maximum amount allowed by law, will be charged on past due accounts. Failure to remit payment will justify cessation of further services. The prevailing party will pay legal expenses necessary for the collection of delinquent fees.
VI. Performance. We will make all reasonable efforts to complete the services described in Part II of this proposal in a timely manner. However, Client acknowledges and agrees that Landscape Architect shall not be liable for damages, losses or claims resulting from delays in performance caused by factors outside of our control, including but not limited to delays occasioned by regulatory processes or delays by Client, a Contractor, or others in providing information necessary for Landscape Architect's work.
VII. Term
A. The term of this contract shall commence as of the Effective Date and shall continue until the earliest to occur of the following:
i. The date on which we notify Client in writing that it has completed all of the services required hereunder; or
ii. Five (5) working days after receipt of written notice wherein one party notifies the other party of a material breach of this contract by the receiving party or a failure by the receiving party to fulfill its obligations under this contract in a timely manner through no fault of the party issuing the notice. The provision of Part VII.A.ii. shall not operate to terminate this contract if the breach or failure specified in the notice is cured by the receiving party or waived by the issuing party within five (5) days after receipt of the notice.
iii. The date on which Client notifies Landscape Architect in writing to stop work on a permanent basis, or the date upon which the parties mutually agree in writing that all work is to be stopped.
B. If this contract is terminated prior to its completion, we shall be entitled to full compensation for all services performed and costs incurred pursuant to this contract through and including the date of termination. In determining the compensation due to us for our work up to the date of termination, the parties agree that the rates specified in Part V.A. represent the reasonable value of our services. The right to recover compensation pursuant to this paragraph shall be in addition to any other rights or remedies provided by law or under this contract.
VIII. Retention of Value Engineering Consultant; Indemnity. If the Client retains the services of a value engineering (VE) consultant to review any work product prepared for this project by the Landscape Architect, it shall be at the Client’s sole expense and shall be performed in a timely manner so as not to delay the orderly progress of the Landscape Architect’s services. All recommendations of the VE consultant shall be given to the Landscape Architect for review, and adequate time shall be provided for the Landscape Architect to respond to the recommendations.
The Landscape Architect shall be compensated separately, as Additional Services, for all time spent to review the recommendations of the VE consultant and to incorporate the changes accepted by the Client and the Landscape Architect. If the Landscape Architect objects to any recommendations made by the VE consultant, the Landscape Architect shall so state in writing to the Client, along with the reasons for objecting. If the Client insists on incorporating in the Construction Documents any changes to which the Landscape Architect has objected in writing, the Client agrees, to the fullest extent permitted by law, to indemnify, defend, and hold the Landscape Architect harmless from any March 7, 2023 Ellis Lake Master Plan Proposal Page 6 of 9 111 Scripps Drive | Sacramento, California 95825
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damage, liability, or cost (including reasonable attorneys’ fees and costs of defense) which arise in connection with or as a result of the incorporation of such changes insisted upon by the client.
IX. Ownership of Documents. All drawings, specifications, other data and instruments of services, are to remain the property of the Landscape Architect whether the project for which they are created is executed or not. The Client will be permitted to retain copies, including reproducibles of drawings and specifications for information and reference. The Client will not use the drawings and specifications in part or in whole on any other project without the written consent of the Landscape Architect.
X. Independent Judgment; Disclaimer of Warranty
A. Client understands and acknowledges that the project with respect to which Client is retaining Landscape Architect to provide services may invite criticism, controversy, litigation or other forms of public or private opposition unrelated to the quality of Landscape Architect’s services under this contract. Client agrees that any such criticism, controversy, or litigation will not constitute cause for Client to withhold payments due Landscape Architect hereunder or be the basis for any suit, action, request for indemnification or other claim by Client against Landscape Architect. Client further acknowledges that any disagreement by Client or any person, entity, regulatory body or governmental agency with any finding, conclusion, or recommendation rendered or provided by Landscape Architect shall not be construed as a breach of this contract or a failure on the part of Landscape Architect to perform its obligations under this contract.
B. Except as expressly provided in this contract, Landscape Architect provides its service “as is” and specifically disclaims any warranties, express, implied or statutory, including, without limitation, any implied warranties of fitness for a particular purpose or implied warranties arising from course of dealing or course of performance. Because of inherent uncertainty in the regulatory environment, Landscape Architect does not warrant in any way that services, observations or recommendations it renders under this contract or any act or omission by Client in connection with any such service, observation, or recommendation will result in any regulatory approval or any other administrative or legal outcome.
XI. Indemnity; Limitation of Liability
A. The Client agrees to defend, indemnify, and hold us and our partners, directors, attorneys, employees, and agents harmless against any harm or expense whatever arising out or resulting from any claim, demand, action or suit against us, the Client, or anyone else, by any person or entity who is not a party to this agreement, that arises out of the Project, regardless of the nature of the claim, except for claims or liability caused by the willful misconduct of Landscape Architect. In the event that such a claim, demand, action, or suit is brought against us, the Client will promptly respond to it. However, if such an action or suit is actually brought before any court or other tribunal, we will have the right, but not the obligation, to select counsel of our choosing to represent us and our officers, directors, attorneys, employees, and agents in that action or suit. In that event, the Client will pay such counsel any retainer, fees, costs, advances, or reimbursements of expenses required by such counsel in connection with the action or suit under the terms of its engagement to us, and Client shall retain the sole right to control its own defense.
B. LANDSCAPE ARCHITECT SHALL NOT BE LIABLE TO CLIENT, FOR SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE (EVEN IF CLIENT HAS BEEN ADVISED OR WARNED OF THE POSSIBILITY OF SUCH
DAMAGES) FOR ANY CLAIM ARISING FROM OR CONNECTED TO LANDSCAPE ARCHITECT’S PERFORMANCE OF OR ALLEGED BREACH OF ANY PROVISION OF THIS
CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS BASED IN CONTRACT OR March 7, 2023 Ellis Lake Master Plan Proposal Page 7 of 9 111 Scripps Drive | Sacramento, California 95825
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TORT AND ANY CLAIMED DAMAGES FOR LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OPPORTUNITY. REMEDIES FOR ANY CLAIM ARISING FROM OR CONNECTED TO LANDSCAPE ARCHITECT’S PERFORMANCE OF OR
ALLEGED BREACH OF ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE LIMIT OF LANDSCAPE ARCHITECT’S LIABILITY TO CLIENT FOR THESE DIRECT DAMAGES SHALL IN NO
EVENT EXCEED THE TOTAL AMOUNT OF FEES LANDSCAPE ARCHITECT BILLS TO CLIENT UNDER THIS AGREEMENT.
XII. Dispute Resolution. In the event of a dispute between the parties arising from this Agreement or the interpretation thereof, before filing a lawsuit, all parties agree to first submit the dispute to nonbinding mediation to take place in Sacramento, California, with a mutually acceptable mediator, with each party to bear one-half (1/2) of the mediator’s fees. To initiate this process, a party must submit a written request to the other party to initiate mediation. If the party in receipt of such a written request fails to respond within thirty (30) days, the party making the request may proceed with filing a lawsuit without regard to this section. After a request for mediation, the parties shall work in good faith to complete a mediation session within sixty (60) days of the written request to initiate mediation. If any party fails to comply with this section in good faith, that party shall waive any right to attorney’s fees to which such party may be entitled to in such lawsuit under this Agreement.
Notwithstanding the forgoing, the parties shall be entitled to obtain equitable relief, such as by temporary restraining order or injunction, in state or federal court for any actual or threatened violation of the covenants, conditions, or provisions contained in this Agreement. Such remedies shall be in addition to all other remedies available to the parties including, but not limited to the right to recover any and all monetary damages that may be sustained as a result of another party’s breach, to the extent allowed by law.
XIII. Miscellaneous
A. Landscape architects are licensed by the State of California. Any question concerning a landscape architect may be referred to the Landscape Architects Technical Committee at: 2420 Del Paso Road, Suite 105, Sacramento, California 95834, (916) 575-7230.
B. The Client will identify the Landscape Architect as the Landscape Architect of record for all publicity issued on the project, including awards, job signs, magazine/periodical and newspaper articles and press releases, etc.; and the Landscape Architect will provide at its sole expense graphic materials reasonably requested by the Client for such publicity.
C. The Client acknowledges and agrees that proper maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons.
Client further acknowledges that, as between the parties to this agreement, Client is solely responsible for the results of any lack of or improper maintenance.
D. If either party retains the services of an attorney to secure the performance of this contract or to seek redress for any breach or default of this contract, or if any action is necessary to enforce or interpret any provision of this contract or the rights or duties of any person in relation thereto, the prevailing party shall be entitled to reasonable attorneys' fees, costs and other expenses, in addition to any other relief to which such party may be entitled.
E. The rights and obligations of the parties, and the interpretation and performance of this contract, shall be governed by the laws of the State of California, excluding its conflict of law rules. Any action or proceeding arising from or relating to this contract must be brought in federal court in the Eastern District of California or in state court in Sacramento County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
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F. No right or obligation expressed in this contract may be assigned or delegated by any party without the prior written consent of all other parties. Any assignment or delegation contrary to the provisions of this contract shall be of no force or effect and shall be deemed a default and material breach of this contract. Subject to the provisions contained in this contract, this contract shall inure to the benefit of, and be binding upon, the successors, delegates and assigns of each of the respective parties hereto.
G. Each party represents and warrants to the other party that such party has the full right, power, and authority to enter into this contract and to perform the acts required by it hereunder. Each party further represents and warrants to the other party that the performance by such party of its obligations and duties under this contract do not and will not violate any agreement to which such party is a party or by which it is otherwise bound.
H. The provisions of this Agreement may be modified or amended at any time by agreement of the parties. Any such amendment or modification as hereinafter may be made, shall be ineffective to modify this Agreement in any respect unless it is expressed in writing and signed by the party or parties against whom enforcement of the modification or amendment is sought.
I. If any provision of this Agreement is adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement which can be given full force and effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.
J. The failure of either party to insist upon or enforce strict performance by the other party of any provision, term or condition of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any provision, term, condition or right expressed in this Agreement in that or any other instance.
K. The provisions of Part IX through XIII shall survive termination of this contract.
L. This contract constitutes the entire agreement between the parties, all oral agreements being merged herein, and supersedes all prior representations and agreements. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. Neither party will be bound by, and each party specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of the contract (whether or not it would materially alter the Agreement) and which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in a writing signed by an authorized representative of such party.
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This fee proposal shall be valid for ninety (90) days from the date of proposal. We reserve the right to resubmit this fee proposal if this proposal is not executed within this ninety (90) day period.
We look forward to working with you. If you have any questions regarding this proposal whatsoever, please do not hesitate to call. We’ll begin work upon your written authorization to proceed.
Sincerely,
Jessamyn Lett, ASLA
CRLA 6555
David Campbell, ASLA, LEED® AP
CRLA 5044, CLIA 6629
Accepted by:
(Name) Date
For: (Client)