PM DESIGN GROUP, INC.
2455 Bennett Valley Road, Suite A-102
Santa Rosa, CA 95404
PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 1 of 7
PROPOSAL FOR PROFESSIONAL ACCESSIBILITY SERVICES
October 25, 2023
Rosalba Ramirez
Town Of Yountville
Deputy Public Works Director
6550 Yount St
Yountville, CA 94599
707.944.8851
Project: Accessibility Consulting for Town of Yountville Transition Plan Amendment Dear Ms Ramirez,
We are pleased to present the following proposal for professional accessibility services for the above referenced project. With more than 30 years of experience in the architecture and engineering industry, we have a strong track record of providing high-quality services to clients. Licensed in all 50 states with 12 offices nationwide, we provide services across the U.S. and can scale to meet resource needs.
I. GENERAL PROJECT DESCRIPTION
PM Design Group, Inc. (PMDG) and its consultant(s) will provide professional services as outlined in this agreement for the Town Of Yountville (Owner). This work will hereinafter be described as the “Project”.
Services will be based upon criteria and guidelines as described below.
A. Existing Conditions
Basis: Town of Yountville Transition Plan and Draft Description of Work letter received 9/7/23.
Site Conditions: Existing public parks identified in the Draft Description of Work B. Requested Project Scope
Professional accessibility consulting to review programmatic access at the Town of Yountville’s public parks, amending the existing transition plan dated August 2015 II. ACESSIBILITY SERVICES
A. Accessibility Surveys of Public Parks
PMDG and its consultant(s) will review existing parks for compliance with applicable standards. This will require Town provided dates of construction and alterations to the parks:
i. Surveys may include (but not necessarily be limited to) accessible routes, sports fields, drinking fountains, public bathrooms, playgrounds, picnic tables, general public site features, PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 2 of 7
accessible parking spaces, ramps, curb ramps serving the park, and sidewalks serving the route between public parking, drop-off locations, public transportation stops, and the park. ii. Parks to be reviewed include:
a. Yountville Community Park
b. Vineyard Park
c. Forrester Park
d. Three Weirs Park
e. Van de Leur Park
f. Toyon Terrace Tot Lot
g. Veterans Memorial Park
h. Bardessono Park
i. Hopper Creek Pocket Park
j. Oak Circle Park
k. Hopper Creek Path Yount Street to Champagne Drive
B. Determination of Program Access
With staff participation and feedback, programs provided at each park will be identified and reviewed. The review of parks and their programs will evaluate current level of program accessibility to those required by Title II of the ADA. This will include:
i. Review and analysis of information provided by Town staff ii. Create a list of programs, activities and services provided at each park site, prior to conducting site surveys
iii. Review of current Town policies
iv. Compile a list of programs and activities held at public parks that are not accessible and those that are accessible.
v. Provide recommendations for meeting programmatic access at comparable facilities elsewhere in Town to satisfy the Town’s Program Access obligations. vi. In meeting with Town staff, and using the facility survey and report for each park site, conduct a transition planning session to identify access barriers that will be addressed administratively and those that will be addressed by structural barrier removal. For those items that will be addressed by structural barrier removal, the transition plan report will include the following:
a. Severity of barrier
b. Priority for removal
c. Responsible person/department
d. Schedule for barrier removal
e. Estimated cost for barrier removal (GC onboard to assist in these estimates?) f. Identification of funding source
g. Column for tracking progress to be updated at minimum on an annual basis C. Meetings with Staff
In-person meetings with staff will be required at Town Hall, onsite, or virtually as required. This includes:
i. Kickoff meeting with Public Works Staff (in person)
ii. Review meeting with Town Staff to determine applicable programs provided by the Town and if they are facilitated at a park location (online – prior to site surveys) iii. Progress meeting with Public Works Staff (online)
iv. Final review meeting with Public Works Staff (in person) v. Presentation of findings to the Town Council (in person) PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 3 of 7
D. Project Deliverable
The deliverables for this scope of work will include:
i. PDF copy of the accessibility survey findings including reference maps, pictures, and barrier summary of found deficiencies (one survey/report per park) ii. PDF copy of the Program Access findings report. This will be delivered as a stand-alone section that can be used to amend the existing Transition Plan. iii. PowerPoint presentation for Town Council
III. PROPOSAL EXCLUSIONS
The following services are excluded from this proposal.
A. PMDG can provide any of these items as additional services:
i. Review of third-party architect/engineer design solutions ii. As-built building/site surveys
iii. Design sketches for items that require architectural consideration iv. If a cost estimate is desired as part of Item II.B.vi.e, a third party cost estimator will be required, and is not included as part of base fee.
IV. PROPOSAL ASSUMPTIONS
A. Once PMDG has started a phase, our work will continue through to completion of the phase. Starting and stopping work throughout the project could incur additional costs and based on our workload at the time of re-start, could also affect project time frame.
B. Our proposal is valid for one (1) year. If portions of the scope of work outlined above have not begun one year after the date of this proposal, certain terms and conditions including but not limited to costs and project time frame are subject to change at PMDG’s discretion.
V. OWNER PROVIDED PREREQUISITES
To perform the work under this proposed agreement in a complete, proper, and timely manner, we will require the Owner to provide timely decisions and furnish any of the following items that may be required for the Project:
i. Access to the site for accessibility survey (initial visit and follow-up visit for backcheck) ii. Record drawings of park plans if available
iii. Coordination of town agencies and staff by Public Works VI. FEES
Contract Type: Fixed fee excluding reimbursable
SCOPE OF WORK COST
Accessibility Consulting
Kickoff Meetings and Due Dilligence $4,000
Determination of Applicable Programs $4,000
Park Surveys and Report Generation $46,500
Progress Meeting and Transition Plan Amendment $14,000
Finalization of Reports and Presentation to Staff $4,500 Our BASE fee for services: $73,000
PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 4 of 7
VII. PAYMENT SCHEDULE
Our fee for the above services will be invoiced monthly based on an estimate of the project's percent completion and in accordance with the attached service agreement. In addition to the amount listed, payment will be required for any outstanding Owner approved Additional Service Requests (ASR’s).
If our Proposal meets with your approval, please sign at the end of the Service Agreement, and return for our files. Thank you for the opportunity to provide a proposal for services.
PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 5 of 7
SERVICE AGREEMENT BETWEEN OWNER AND ARCHITECT
Project Location: Town of Yountville Public Parks
Rosalba Ramirez of Town of Yountville hereinafter referred to as the Owner, and Pedro McCracken Design Group, Inc., dba: PM Design Group, hereafter referred to as the Architect, agree as follows:
Section 1. Architects Responsibilities
Architect shall provide architectural, engineering, and consulting services for the Project as described in this Agreement and in Architects proposal ("proposal") to Owner dated, 10/24/23, and attached and incorporated by referenced as though fully set forth herein. Such attachment is only for the purpose of describing the scope of services and no other terms or conditions of such proposal are incorporated by such reference.
In the event of any conflict between this agreement and the proposal, the terms of this agreement shall govern.
Architect shall perform its services with a standard of care consistent with that of other design professionals (architects, engineers, and consultants) practicing in the same or similar locality under the same or similar circumstances. Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Architect will coordinate and contract with subconsultants (see “proposal” for listed consultants under Architect’s responsibility).
Section 2. Owners Responsibilities
The Owner shall provide all known and/or reasonably known information about the objectives, schedule, constraints, and existing conditions of the Project to Architect. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the project. Architect is entitled to rely on the accuracy and completeness of the Owner's information.
The Owner shall employ a Contractor, experienced in the type of Project to be constructed and to perform the construction of the project.
Section 3. Use of Documents
Drawings, specifications, and other documents prepared by Architect belong to and are the work product of Architect unless agreed upon in writing. Said documents are provided to the Owner for the Owner's sole and exclusive use with respect to the Project that is the subject of this contract. Architect will maintain file copies of any documents, drawings, and/or other materials as required by law or the standards of professional practice.
Upon completion of the Project, provided that Owner has performed its obligations under this Agreement, Architect grants to the Owner a license to use the aforementioned documents as a reference for maintaining, marketing, or selling the project. Use of the documents in the design or construction of another project is expressly prohibited. Likewise, should Owner rely on said documents for purposes of altering the Project at any time after completion of the project, Owner agrees to indemnify Architect from all costs and expenses related to claims arising from the Owner's use of the documents without retaining Architect to advise, consult, or otherwise provide professional services attendant to the alterations of the project.
Owner's use of the project documents in a manner inconsistent with the terms set forth herein may expose Owner and Architect to unanticipated liability. In the event of said inconsistent use by Owner, Owner agrees to defend, indemnify, and hold Architect harmless from all costs, attorney's fees, claims, lawsuits, liabilities, or damages arising from the unauthorized use of the documents.
Section 4. Termination, Suspension or Abandonment
In the event of termination, suspension or abandonment of the Project by the Owner, Architect shall be compensated for all services performed.
The Owner's failure to make payments in accordance with the terms set forth in this agreement, inclusive of proposal, shall be considered substantial nonperformance and sufficient cause for Architect to suspend or terminate its services. Architect shall provide notice to the Owner of its intent to suspend or terminate services in writing via electronic or regular mail to the email or postal address provided in this contract. Owner will have seven (7) days to cure the payment deficiency before Architect formally suspends or terminates its services.
Architect may terminate this Agreement after providing written notice to Owner via electronic or regular mail to the email or postal address provided in this contract if the Project is suspended for more than 90 days or if Owner substantially fails to perform in accordance with the terms of this agreement.
Section 5. Governing Law
This Agreement shall be governed by the laws of the state and jurisdiction in which the project is located.
Section 6. Assignment
Absent written consent from Architect, Owner is expressly precluded from assigning this contract to a third party. Should Owner improperly assign its rights under the Contract to a third party, Architect will retain all of the rights and benefits afforded to it pursuant to this contract including its right to compensation for the services performed. Moreover, Owner remains obligated to defend, indemnify, and hold Architect harmless from all costs, attorney's fees, claims, lawsuits, liabilities, and damages arising from or in connection with the design, construction, or enforcement of this contract.
Section 7. Contract Type
Contract type is identified on proposal.
Fixed Fee Excluding Reimbursable Expenses
Architect will invoice Owner based on the Scope of Work item and phase and the cost indicated as outlined on proposal plus any expenses incurred with a 10% mark-up for expenses.
Fixed Fee Including Reimbursable Expenses
Architect will invoice Owner based on the Scope of Work item and phase and the cost indicated as outlined on proposal. Reimbursable expenses are included in the base cost. Permit fees are not included in reimbursable costs.
Time and Material
Architect will invoice Owner based on actual hours worked times the hourly rate plus any expenses incurred with a 10% mark-up for expenses. (Reference Section 17). Proposal costs are provided as a budget estimate only. Actual costs will be based on actual work, which may be higher or lower than the budget estimate indicates.
PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 6 of 7
Section 8. Payment Terms and Invoicing
Payment terms shall be made as outlined on proposal.
Architect's invoices which are in excess of any retainers are due within 30 (thirty) days from invoice date. A late charge of 1.5% per month shall be charged for invoice(s) not paid within 45 (forty-five) days from invoice date.
If invoice(s) become past due over 60 (sixty) days, from invoice date, Architect shall have the unilateral and unequivocal right to suspend performance of services under this agreement and withhold its instruments of service without liability for delay or for consequential or other damages which may result therefrom.
In the event Owner fails to pay Architect in full for services rendered, Architect has the right to any lien rights, collections, or attorney services it may have pursuant to all applicable provisions of the law, which include all costs of collection including but not limited to interest, agency collection fees and any attorney fees, if incurred.
Owner may not deduct, setoff, or otherwise withhold payment for services rendered in accordance with this Agreement. Any such claim for a deduction, setoff, or discount, must be pursued separately and in accordance with the mediation and arbitration provisions set forth herein.
In the event that the project is canceled or terminated prior to phase completion, a fixed fee contract for the phase terminated or canceled will be converted to a time and materials contract for the purposes of calculating any refunds or additional fees due.
Section 9. Insurance
Architect shall carry and maintain at its own cost all liability insurance during the term of this Agreement for damages arising from the provision of services by Architect:
A. Worker's Compensation and Employer Practices Liability insurance to the fullest extent required by law; B. Comprehensive General Liability Insurance $2M each occurrence; $4M aggregate C. Umbrella Excess Liability Insurance $5M
D. Comprehensive Automobile Liability Insurance covering owned, non-owned, and leased vehicles. $1M E. Professional Liability Insurance $2M each claim, $2M aggregate.
Section 10. Indemnification and Limitation of Liability In accordance with and in addition to any other indemnification provision contained in this agreement, and to the fullest extent permissible under State law, Owner expressly agrees to defend, indemnify, and hold Architect harmless from any claims, lawsuits, liabilities, and damages including attorney's fees, that may be asserted against Architect by any other representative, owners consultant (except Architects own consultants), contractor, subcontractor, material supplier or design professional involved with this Project or related to any services rendered under the Contract insofar as said claims, lawsuits, liabilities or damages are not caused by the negligence or intentional misconduct, error or omission of Architect.
In addition to any liability or obligation of Architect to the Owner that may exist under any other provision of this Agreement or by statute or otherwise, Architect shall defend, indemnify and hold harmless Owner from and against any all damages, costs, claims, attorney's fees, or liabilities which the Owner may sustain as a result of Architects negligence, error, omission or any infringement of any copyright, patent, or other property right resulting from the use or adoption of any designs, plans, drawings, or specifications furnished by Architect.
In the event that project requires environmental, geotechnical, land survey or dry utility sub-consultant services, these services can be included in the scope of services for coordination and payment by architect; however, owner agrees to defend, indemnify, and hold Architect harmless from liability arising from the work performed by these sub-consultant services. Architect will coordinate these services on behalf of the owner as a convenience to the owner.
The Architect and their consultants shall be responsible only for its own performance and work product and shall not be responsible for any delays, damages or costs to the extent they are caused by others, including but not limited to the Owner or Owners design consultants, contractors or material suppliers.
Section 11. Mediation and Arbitration
To the extent that a dispute arises between Architect and Owner related to or arising from this agreement, Architect and Owner agree that as a condition precedent to initiating arbitration, the parties will first attempt to resolve any dispute with the assistance of a mutually agreed upon mediator in the venue where a lawsuit could properly be filed. The parties shall share the expense of the mediation equally and will bear their own costs and attorney's fees with respect to the preparation for and attendance at mediation.
In the event that a resolution cannot be reached at the mediation, both parties agree to binding arbitration with a single arbitrator and pursuant to JAMS Construction Arbitration Rules. The cost of the arbitration will be shared equally by both parties. The prevailing party will be entitled to an award of costs and fees as determined by the Arbitrator.
Section 12. Use of Electronic Media
Copies of documents that may be relied upon by Owner are limited to the printed copies (also known as “hard copies” or “electronically printed PDF”) that are signed and sealed by Architect. Files in electronic media format or text, data, graphic or other types that are furnished by Architect to Owner which are not signed and sealed are only for convenience of Owner. Any conclusions or information obtained or derived from electronic files which are not “signed and sealed” (including native CAD files) will be at the user’s sole risk. When transferring documents in electronic media format, Architect makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Architect at the beginning of this assignment.
Section 13. Specification of Materials
The Owner understands and agrees that products or building materials, which are permissible under current building codes and ordinances, may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics. The Owner agrees that if any such product or material specified for this project shall, at any future date, be suspected or discovered to be a health or safety hazard, then the Owner agrees to waive all claims against the Architect, and to indemnify, defend and hold them harmless from any damage, liability or cost, including reasonable attorney's fees, arising in any way from the specification or use of any such product or material, excepting only those damages, liabilities or costs attributed to the sole negligence or willful misconduct of the Architect.
PM Design Group proposal for Town of Yountville Public Parks Project number: TBD Page 7 of 7
Section 14. Construction Observation
Owner acknowledges that periodic construction observation is strongly advised in order to minimize issues during construction due to changed conditions, conditions not previously known, conflicts among trades, errors or omissions by Contractors, designers or suppliers or others. Should the Architect not be retained to review construction, or should review of construction be unduly restricted, the Owner agrees to waive all claims against the Architect, and to indemnify, defend and hold the Architect harmless from any damage, liability or cost, including reasonable attorney's fees, to the extent allowable by law, and resulting in any way from problems during or after construction that allegedly result from work by the Architect.
Constructability issues shall be reported in writing to the Architect immediately upon discovery. Owner and Architect shall endeavor to work together to resolve all issues as expeditiously as possible.
Section 15. Opinions of Construction Cost
When included in Architect’s scope of services, opinions or estimates of probable construction cost are prepared on the basis of Architect’s experience and qualifications and represent Architect’s judgment as a professional generally familiar with the industry. However, since Architect has no control over the cost of labor, materials, equipment or services furnished by others, over contractor’s methods of determining prices, or over competitive bidding or market conditions, Architect cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Architect’s opinions or estimates or probable construction cost.
Section 16. Force Majeure
Neither party shall be deemed in default of the Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence.
Section 17. Hourly Rates and Reimbursable Costs
PERSONNEL HOURLY RATE
President.............................................................................$200 Vice President.....................................................................$185 Regional Manager...............................................................$175 Program Manager, Sr. Project Manager..............................$175 CASp – Accessibility Program Manager .............................$170 Project Manager..................................................................$170 Asst. Project Manager, Sr. Job Captain ..............................$160 Job Captain.........................................................................$160 CAD Manager, Asst. CAD Manager, Drafter.......................$145 Project Coordinator.............................................................$135 Municipal Research and Permitting ....................................$100 Clerical/Administrator..........................................................$100
REIMBURSABLES
Travel, Subsistence & Misc. Expenses.............................cost + 10% Permit Fees ......................................................................cost + 10% Outside Reproduction Services .......................................cost + 10% Overnight Mail & Delivery ................................................cost + 10% Subcontracted Services ...................................................cost + 10% Mileage (IRS Published Rates) ........................................cost + 10% Each year we evaluate our current rate schedules. Rates may be modified based on employment market conditions, inflation, or other factors. We reserve the right to modify hourly billing rates based on these factors. Rate modifications only affect T&M contracts or potential additional service agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date below.
Town of Yountville PM Design Group, Inc.
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Owners Printed Name / Title
Ernest Wuethrich, CASp – Program Manager
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PM Design Group Representative Printed Name / Title
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Owners Signature ________________________________
PM Design Group Representative Signature
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Date
10/25/23
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Date