HomeMy WebLinkAbout20 - Corona del Mar State Beach ImprovementsE
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 20
January 13, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 - 644 -3328
ldalton@cfty.newport-beach.ca.us
SUBJECT: CORONA DEL MAR STATE BEACH IMPROVEMENTS - AMENDMENT
NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS
JORGENSEN CHRISTOPHER ARCHITECTS
RECOMMENDATIONS:
Approve Amendment No. 2 to the Professional Services Agreement with Robbins
Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute
the Amendment.
DISCUSSION:
On September 10, 2002, the City Council approved a $111,670 professional services
agreement (PSA) with Robbins Jorgensen Christopher Architects (RJCA) for the CDM
State Beach improvements. The PSA provided for planning, schematic design,
contract preparation and construction support to construct or reconstruct approximately
$750,000 of improvements at Corona del Mar State Beach. The original scope of work
included the replacement of restroom and concession facilities only.
On December 12, 2002, the City Council increased the budget for this project by
$350,000 and approved an amendment to the PSA. The amendment provided a
$31,330 fee increase for performing the additional contract preparation and
construction support services for the additional construction budget.
On July 8, 2003, the City Council approved RJCA's conceptual plan for an estimated
$2,500,000 construction project, thus increasing the construction budget by $1,400,000.
Also, the City Council instructed that plans and specifications for the project be
prepared such that construction could be phased in the event that insufficient funding
was available to award a $2,500,000 construction contract next summer. The currently
funded Phase I work scope includes the demolition of the existing structures and the
. construction of three replacement buildings (two restrooms and one multi -use
structure), along with the necessary sidewalks, seat walls, utilities, and landscaping.
The currently unfunded Phase II work scope includes reconstruction of the parking lot
drop- off /entry, entrance kiosk, improved picnic areas (northwest portion of the park) and
SUBJECT: Corona Del Mar Beach - Amendment 2 to the Professional Services Agreement With Robbins Jorgensen Christopher
Architects
January 13. 2004
Page 2
a satellite lifeguard facility including overnight vehicle storage space, first aid /office
space, and small observation deck . (See attached City Council Report dated July 8,
2003 for more detailed information)
On November 25, 2003, RJCA submitted a proposal to provide services for the
additional construction for a fee of $71,500. A staff report was brought before the City
Council on December 9, 2003, recommending that the City Council approve
Amendment No. 2 with RJCA. The City Council asked for additional information
concerning Amendment No. 2 and continued the item.
City Council's July 8, 2003, direction added approximately $1,100,000 of Phase II
construction to the project. RJCA's scope of work now includes providing plans,
specifications, estimates and construction support services for reconstruction of the
parking lot entry/drop -off area, the parking lot ticket booth, the restrooms, the
concession facilities, the ocean front promenade, the landscape, and the lighting and
signage, in addition to constructing a new lifeguard facility. Staff negotiated the
additional compensation for these addition services with RJCA, and feels that the
agreed fee is fair and appropriate.
Note that RJCA's original fee for all services was $14.9% of the amount available for
construction, whereas the increase in fee for the $1,450,000 increase in construction
budget is 7.1%. The difference in percentages represents the amount of time RJCA
used for staff and community meetings, planning and schematically designing the
project prior to commencing preparation of construction plans, specifications and
estimates for the project.
Adequate funds are available for approving Amendment No. 2 in the following account:
Account Description
Corona del Mar State Beach Improvements
Prepared by:
9 �p1J�
Lloyd D ton, P.E.
Project Manager
Account Number Amount
7295- C5100569 $71,500.00
Submitted by:
hi G. Badum
Works Director
Attachments: Copy of Proposed Amendment No. 2 with RJCA
Copy of Executed PSA with RJCA
Copy of Executed Amendment No. 1 with RJCA
July 8, 2003, Council Memo
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AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
FOR CORONA DEL MAR STATE BEACH IMPROVEMENTS
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of
200_, by and
between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
referred to as "CITY "), and ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
(RJCA), whose address is 2800 Lafayette, Newport Beach, California, 92663 (hereinafter
referred to as "CONSULTANT'), is made with reference to the following:
RECITALS:
WHEREAS,
A. On September 10, 2002, CITY and CONSULTANT entered into a
professional services agreement, hereinafter referred to as "AGREEMENT', for
architectural services for the Corona del Mar State Beach Improvements project,
hereinafter referred to as "PROJECT; and
B. On December 12, 2002, CITY and CONSULTANT entered into an
amendment to AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", for
additional professional services needed for PROJECT; and
C. CITY has requested CONSULTANT to provide additional
professional services not included in AGREEMENT or AMENDMENT NO. 1; and
D. CONSULTANT has proposed to provide additional professional
services not included in AGREEMENT or AMENDMENT NO. 1; and
E. CITY desires to compensate CONSULTANT for additional
professional services not included in AGREEMENT or AMENDMENT NO. 1; and
F. CITY and CONSULTANT mutually desire to amend AGREEMENT •
and AMENDMENT NO. 1, hereinafter referred to as "AMENDMENT NO. 2 ", as
provided herebelow.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to AMENDMENT NO. 2 according to "Exhibit A" dated November 25, 2003,
attached hereto.
2. Additional compensation to CONSULTANT for services performed
pursuant to this AMENDMENT NO. 2 shall not exceed Seventy -One Thousand Five
Hundred and no /100 Dollars ($71,500.00), thus increasing total compensation for
PROJECT to $214,500.00.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect. .
IN WITNESS WHEREOF, the parties hereto have executed AMENDMENT NO.
2 on the date first above w. [ten.
APPROVED AS TO FORM
By:
City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
IN
Tod W. Ridgeway, Mayor
City of Newport Beach
ROBBINS JORGENSEN
CHRISTOPHER ARCHITECTS
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ROBBI N SJORGEN S EN CH RISTOPH ER
November 25. 2003
Mr, Lloyd Dalton
Design Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: CDM State Beach Improvements
RJC Job No. 0223
Dear Lloyd,
s_.w.._R.,. —1
P
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This letter is to submit our additional fee for professional services related to the increase in scope
and cost for the Corona Del Mar State Beach improvements project. The fee and scope of work is
as follows:
1. Add -on #1: Parking Lot Improvements, $219,385 approved by council on 7/8/03.
Fee at 9.7% of construction cost: $ 21,300.00
2. Basic Scope construction budget increased from $1,200,000 to $1,992,848. Approved by
council on 7/8/03.
Fee at 9.7% of construction cost: $ 50,200.00
3. Preparation of additional /unforeseen presentation material during schematic design
phase. (Approx 40 hours) NOT INCLUDED 00:99
TOTAL $ 71,500.00
The construction value for the project has been increased by approximately 60% again. In order
to meet the requirements of the City, we believe that we can complete the project, including the
additional scope for $214,500.00
Please feel free if you have any questions on this revised proposal.
Sincerely,
R bins Jorgense Christopher, Inc.
oberta J" orgen n FAIA
President
Accepted by:
of Newport Beach Date
3000 LAFAYETTE
NEWPO RL BEACH.
CAUFOBWA 93663
fi;blctici I'mirct'.0" Y.t ontract`d'rt I'inpavils; \d3�.n f L`U���Ui A.�:
PH. 949.566.0080
FAX. 949 566,0083
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PROFESSIONAL SERVICES AGREEMENT
FOR
CORONA DEL MAR STATE BEACH IMPROVEMENTS
THIS AGREEMENT, .entered into this Ak day of G7ti, 2002, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Robbins Jorgensen Christopher Architects whose address is 2800 Lafayette,
Newport Beach, California, 92663, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of Califomia with the power to carry on its business as it is
c now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to replace improvements at Corona del Mar State Beach
( "Project').
C. City desires to engage Consultant to provide architectural services for
Project upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant for purpose of Project is Roberta W.
Jorgensen, FAIA
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
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. desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the /0 day of , 2002, and
shall terminate on the 151 day of January 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
• 3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit t" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of one hundred eleven
thousand, six hundred seventy dollars ($111,670).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage, mileage, etc.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive compensation for extra work without prior
written authorization of City. Authorized compensation shall be paid in accordance with
the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been authorized by this Agreement, or specifically approved in advance by City.
Such reimbursement shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. Costs of subconsultants for performance of any of the services which
Consultant agrees to render pursuant to this Agreement which have been •
awarded in accordance with the terms and conditions of this Agreement.
B. Other costs and /or payments specifically authorized in advance in writing by
City and incurred by Consultant in the performance of this Agreement.
4. STANDARD OF CARE
All of the services shall be performed by Consultant. or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant has
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• or shall obtain all licenses, permits, qualifications and approvals required of its profession,
and Consultant shall keep in effect all such licenses, permits and approvals during the
term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details and means of performing the work provided that Consultant is in compliance with
r, the terms of this Agreement. Anything in this Agreement which may appear to give City
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the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's Project
Administrator. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Roberta W. Jorgensen, FAIA, to be its
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Project Manager. Consultant shall not bill any personnel to Project other than those •
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name and hourly billing rate. Consultant shall not remove
or reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project as contemplated by this Agreement.
a. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement. •
Consultant shall not be responsible for delays which are due to causes beyond
Consultant's reasonable control; however, in the case of any such delay in the services to
be provided for Project, each party hereby agrees to provide notice to the other party so
that all delays can be addressed.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
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• federal law, regulations and permit requirements and be subject to approval of the Project
Administrator.
11. PROGRESS
Consultant is responsible to keep the Project Administrator informed on a regular
basis regarding the status and progress of the work, activities performed and planned,
and any meetings that have been scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers. and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
• property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and Prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be •
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, employees, and volunteers as
additional insured for all liability arising from Consultant's services as described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State
of California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including 'Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California. 0
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured wording endorsement covering any owned and rented vehicles of
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Consultant in a minimum amount of $1 million combined single limit per
accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
• Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so 0
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in •
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
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Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall field review to verify the
accuracy of information provided by City or others City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. All reproduction shall be the responsibility of Consultant .
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lloyd Dalton, PE,
shall be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection, of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or 0
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be bome by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
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• 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
• of this Agreement by City. Consultant shall indemnify and hold harmless
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City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
priorwritten approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
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postage prepaid, first class mail, addressed as hereinafter provided. •
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Lloyd Dalton, PE ..
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949)644 -3328
Fax (949) 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Roberta W. Jorgensen, FAIA
Robbins Jorgensen Christopher Architects
2800 Lafayette
Newport Beach, CA 92663,
(949) 566 -0080
Fax (949) 566 -0082 •
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
51911
. City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, City shall pay to Consultant that portion of
compensation specified in this Agreement that is eamed and unpaid prior to the effective
date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
• same or any other term, covenant or condition contained herein whether of the same or a
•
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City. Since
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Consultant has no control over the cost of labor and material, or over competitive bidding •
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to •
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in "dwg" file format. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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• IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
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on the day and year first written above.
APPROVED AS TO FORM:
By
City Atto ey
5 n
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
ROBBINS JORGENSEN CHRISTOPHER
ARCHITECTS
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•
scope ut-Nf work
Corona DeCMar
State Beach
Improvements
The narrative below describes the proposed conceptual design effort and corresponds to the Scope of Work
outlined in Attachment 'B"of the RFP.
Planning and Pre-Design
Kickoff Meeting
At the kickoff meeting we will begin with introductions and a discussion of communications and reporting
protocols. We will review the project goals, budget, funding, and schedule. We will review existing project
information and information sources. We will discuss majormilestonedates :sothatacletafeaproject
schedule may be developed. We will develop a list of project stakeholders and discuss how and when these
�.
stakeholders may participate in the design process. We will discussthepolitjcalandregulatorycoatextfor
design and approve.
Review Existing Data T —
We will review all existing data, including City/property owner agreements;: ion ng and].. nd lise regulations,
applicable City ord'inan'ces, Coastal Commission and other regulato y agency requirements, land develop-
ment ordinances, topographic and boundary. surveys, easements, geotech 'ical,reports, traffic and parting
plansorstudias part fig requirements, and erstingon site publicfacilitie `sanfplans.
Determine specmcallywhat additional i fbrrnation will need to be gathetei and coordinate with the City to
provide orsecure that data in tnia nest cost effective manner.
Site Investigation and Scope Idenn"fication
Srf inv stigation, combinedwththe scopeFofworkfor
suryeymgandsoi!s riJestigation .UtilfieswillbeidentFied,andne d-dimprovemenisdaemmed.The •
s cope of graomg drainage; paving, and fighting will all be determined attha time �
Programmatic Requirements
D ?scuss with City representatives the progammafc requirements forthe project.
�s adish the requirements for a successful design, including function and operat
community acceptance, appropiate. esign, siting, and implementation with a mir
This location is visited by thousands of people every year. It is important that the City of Newport Beach is
well represented by the appearance and operations of the facilities for many years to come. This can be
aocomplished by placing an emphasis on pre design and establishing upfront the priorities forthe project,
and the utilization of thefunds available.
Because Robbins Jorgensen Christopher provides almost all of our architectw al services.iopublic clients,
t.nr- &.:'
we are familiar with the need to design forthe reality of7ong fain maintenance andhMavyus4e)Ne will
discuss with the City our recommendations and experience with materials and systems that ran withstand the
requirements of public utilization. Durable building materials will be utilized while still designing an interesting
and inviting beach facility.
0--'r7 ROBBIINTSJORGENTSENTCHRISTOPHER
0
Oscope ug-�-f work
Design and Construction Documents
Develop Conceptual Designs
Corona D % &r Ouroffice does not have preconceived notions about form or style, and each project represents a search for
an appropriate architectural response to context. You will see the varietyofthese responses when you
State Beach review our work.
Improvements We will prep are options of design drawingsfor public restrooms,concession buildings, Jifegbard tower/
substation, storage room and vehicular garage. Additionally, we will prepare a site plan with improvements to
beach sports facilities, barbecue areas, parking, traffic flow, spaces for interpretive exhibits and educational
outreach, signage, lighting, seating and landscape.
For the lifeguard tower /substation, as in anyemergency response facility; the life saving mission will be given
priority above all other design considerations. We have completed design for over 35 Emergency Response
Facilities, so we are famiHar with tha critical pnoriiy of lifesaving related operations and equipment. The building
must be functionally effective. On this site, however, aesthetic considerations and longterm ma ntenande and
dp=retingconcems will also be crucially important. We will address vandalism and marine odrrosion:
We should admit to our one and only design preconception: every public building should embody the values
Y, its citizens. We believe that the City of Newport Beach's environmental sensitivity should extend to its capital
improvement projects. Our design will maximize the use of sustainable building materials and minimize the
crsumoticn o° non -r= rewable resources.
The sensitivity of the Corona del Va., State Beach site will require that the conceptual designs be developed as
. I computer models and placed into the existino context so thiat all interested stakeholo3rs can see before-and-after
photo realistic renderings of the design proposals from the vantage points of critical view, sheds. We will use
AutoCAD 2000 software to develop the computer models. The images will then be integrated into digital
photographs of site using PhotoShop software.
We can pdnithese renderings in -house on large boards using ourfour- color, high resolution HP plotters, orthe
digital images can be projected as PowerPoint slides.
Conceptual cost estimates will be developed that reference materials and workto the numerical CSI sections of
the preliminary specifications. These estimates will include fadilty.costs, site costs, and_df -site cosis. The General
Contractor's general conditions, overhead, and profit rates will be identified separately. Unless instructed
otherwise, the cost estimate will be based on Davis-Saoon labor rates. The cost estimate will include contio-.
genc) allowance appropriate tothes p. ^ifici q of the design and will include
an escalation �'actor pro-rating the
estimate to the midpoint of construction.
ADA A=essability
We have extensive expectance with the application of ADA to pu blic facilities, and we have ourselves acted as
ADA consultants for Cal Poly Pomona (development of an ADA Access Plan for the 1600 acre site), the City of
Long Beach, and the City of San Diego.
At the Santee Lakes Regional Park we have designed a Fshing Pier for the Severely Disabled. Accessibility,
when integrated early into design options, provides a successful and implementable solution for everyone.
Present Design Concept at Public Meetings
The most important issue in presenting a design to the public and to elected officials is allowing them to
understand the process as well as the conclusion. Council representatives need to understand their constitu-
ents' concerns, and they need to understand clearly how, the design responds directly to those concems. Public
K,.,' projects neadto be "barn- ra'sings''thatreinforce community spirit ratherthan inflaming controversy.
` ROBBLN ORGEI! CHRISTOPHER SEN S J
n, =- _ 1 r 1
scope of wo rk-
Corona "De[Mar
State Beach
Improvements
Develop Construction Documents
Once design decisions have been secured, we will develop Constriction Documents suitable forbidding and
construction. These will include drawings of architectural, civil, landscape, mechanical/plumbing, and electrical
disciplines, The Project Manual will incorporate and coordinate with the City's requirements forthe General
Contractor. We will assist the City in securing Agency Approvals.
Constructibility
Construction implementation will be a critical element of this project. Because of the very high use and public
nature of the site, access and functionality will need to be maintained at all times. Our development of a phasing
Ian for f aifc
pafRng and 'constructioq will be informed by our experience not only as arch teofs, but as
Program ma`nage's as well. These services were provided for clients who were using other architectural fines,
but who wanted our expertise as managers and implementers. We have provided Program Management
services through design and construction (often on- site)'forthe Coast Community College Districl and Orange
County Fire Authority, among others. We have also been hired to provide Constructibility Reviewof construc-
tion documents prepared by others by numerous publicagencies.
Construction Administration
We will attend mastines, raview specified submittals, respond to responsible RFI's, and coordinate with the City's .
representative. Once construction is completed, we will prepare as -built drawings from the contractor's docu
menfation.
Statement of Understanding
Robbins Jorgensen Christopher generally understands and agrees with the General requirements of Section C of
the RFP.
Comments on "Professional Services Agreement ".,
We would like to discuss with you paragraphs I and9loffne Professional Services Agreement.
r �d�
'. _` ROBBINSJORGENSENCHRISTOPHER
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of AC -eiii b P: 2002, by and
between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred
to as "CITY "), and Robbins Jorgensen Christopher Architects (RJCA), whose address
is 2800 Lafayette, Newport Beach, California, 92663 (hereinafter referred to as
"CONSULTANT "), is made with reference to the following:
RECITALS:
WHEREAS,
A. On September 10, 2002, CITY and CONSULTANT entered into a
professional services agreement, hereinafter referred to as "AGREEMENT ", for
architectural services for the Corona del Mar State Beach Improvements project,
hereinafter referred to as "PROJECT'; and
B. CITY has requested CONSULTANT to provide additional
professional services not included in AGREEMENT; and
C. CONSULTANT has proposed to provide additional professional
services not included in AGREEMENT: and
D. CITY desires to compensate CONSULTANT for additional
professional services not included in AGREEMENT; and
E. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow.
0 NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to AMENDMENT NO. 1 according to "Exhibit A" dated November 8, 2002,
attached hereto.
2. Additional compensation to CONSULTANT for services performed
pursuant to this AMENDMENT NO. 1 shall not exceed thirty -one thousand three
hundred thirty and no /100 Dollars ($31,330.00), thus increasing total compensation
for Project to $143,000.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed AMENDMENT
NO. 1 on the date first above written.
APPROVED AS TO FORM:
By:
City A orney
ATTEST:
CITY OF NEWPORT BEACH,
A municipal corporation
ME
City of Newport Beach
Consultant
Print Name
LaVonne Harkless z c+s
City Clerk o
0o-
CALIF
f: luserslpbwlsharedlagreementslfy 02- 031rjca- amendno1 -cdm state beach.doc
0
U
•
•
ROBBINS)ORGENSENCHRISTOPHER
N8 November 02
Mr. Lloyd Dalton
Design Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: CdM State Beach Improvements, #3461
Dear Lloyd,
Exhibit A
NOV 1 g 2002
We have reviewed the additional fee for professional services related to the increase in
scope and cost for the Corona del Mar State Beach Improvements project. The increase
in scope will result in additional building area, therefore additional design and
construction document time will be required. Also additional construction administration
services will be needed. Since the project augmentation will now allow for the
programming, design and construction of Lifeguard facilities in addition to the
concession and restroom facilities funded by the original scope, we will need to add
some additional time to the computer generated massing studies that will be developed
to study the community views.
The construction value, as well as our liability, has been increased by approximately
60 %. In order to meet the requirements of the City, we believe that we can complete the
project, including the additional scope, for $143,000.
Please call me if you have any questions on this revised proposal.
Sincerely,
R4bn Jorgense h ristopher Inc.
RW. Jor n, FAIA
President
3800 LA FAYBaf
.E.FOFT MACY.
C <V X08 ¢:<, p36fi
PH 9 <9 566 0080
ip% 9<9 SPE CDE2
"F8 — "'F." tom
CITY OF NEWPORT BEACH !?. zG
CITY COUNCIL STAFF REPORT
Council
Cttp Of Newport 9680
Agenda Item No. i2
July 08, 2003
TO: HONORABLE�MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department: George A. Berger, AICP, Comm. & Econ. Devt.
Program Manager; (949) 644 -3207; gaberger@city.newport-beach.ca.us
SUBJECT: Corona del Mar State Beach —Beach goer Amenity Improvement Project
ISSUE:
The public facilities at Corona del Mar State Beach (Big Corona) have become
antiquated and have deteriorated to the point that they should be_ removed and rebuilt.
The Council is asked to consider the design and location of proposed facilities, to affirm
• the Categorical Exemption, and to recommend direction regarding project funding.
Should the City Council affirm the recommendation of the Parks, Beaches, and
Recreation Commission to move forward with planned improvements to Corona del Mar
State Beach?
RECOMMENDATION:
1. Approve conceptual site plan and draft facilities concept for replacement facilities
at Corona del Mar State Beach;
2. Affirm the Categorical Exemption (copy attached);
3. Direct staff to proceed with the full site plan and facilities concept by phasing the
full project to reflect available funds and by seeking additional funding for its
completion.
DISCUSSION:
Background:
• The City of Newport Beach operates and maintains the parking lot and beach facilities
at Corona del Mar State Beach on behalf of the State of California. On August 19, 1949,
Co una del Mar State Beach
July 8, 2003
Page 2 •
the State and the City entered into an operating agreement, renewed six times —most
recently in 1999 -that dictates the City's operations at the beach and directs the City to:
"care, maintain, and control" Big Corona "for the purposes of the State Park
System" including "playground, recreational, and beach park purposes" (that
are) "at all times accessible and subject to the use and enjoyment of all
citizens of the State of California."
Although the City does not "profit" from administering the beach at Big Corona —all
revenue generated at the facility must be used for "recreation and park purposes within
the City," according to the City's operating agreement with the State —it has a
substantial interest in maintaining and enhancing the facilities there, as the beach park
is a significant source of passive and active recreational activity for both residents of,
and visitors to, the City.
Public facilities at Corona del Mar (CdM) State Beach have been built, operated and
maintained by the City of Newport Beach under agreement with the State of California,
which expires in 2029. Beach facilities that were built in 1951, 1960, 1965 and 1970
have become antiquated and deteriorated in the hostile salt air environment to the
extent that they should be removed and replaced. The facilities include buildings
containing two concession stands, a "beach rental" storage stand, two men's and two
women's restroom buildings. Concrete shade structures were also on the site, but were
removed for safety reasons. Various paving and walkway areas are present, with lawn
area, raised planters, and palm trees in place throughout the site. A picnic area is
separate from the bulk of the "beachfront" facilities, adjacent to the base of the jetty at
the northwest corner of the parking lot. Finally, "on- beach" amenities include
approximately 30 concrete fire rings and 10 sets of beach volleyball standards.
Approximately 800,000 – 1,000,000 users visited Corona del Mar State Beach in FY
2001 -2002 according to the City's lifeguards, who have kept estimates for a number of
years. Revenue collected at the park consists of two sources — parking fees and
concession revenue. In FY 01 -02, parking revenue generated $622,620, which was the
second - highest income in the last decade ('99 -'00 had the highest, at $626,626).
Concession revenue accounted for $87,633; therefore, the total revenue generated to
the City from the park was $710,253.
Project Scope & Description:
Beginning in 1999, City leaders began a push to find funds to upgrade the facilities at
the aging, but beautiful and very popular beach. In 1999, the Trustees Council of
plaintiffs involved in the American Trader Oil Spill settlement assigned $476,000 to the
nascent Corona del Mar State Beach improvement project. In 2001, the City received a •
one -time $479,000 Proposition 12 Bond Act (the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000) local assistance grant from
Corona del Mar State Beach
July 8, 2003
Page 3
the State of California Parks & Recreation Department to replace the aging concession
stands with new, more attractive and useful facilities more reflective of the Corona del
Mar atmosphere and history. Specifically, the grant award called for a year -round facility
that maximizes views of the Corona del Mar beach, the nearby Newport Jetty, and
would take advantage of the nearly 300 days of unbroken sunlight at the beach.
The project scope also included a call for the removal, redesign and new construction of
shading infrastructure, placement of interpretive signage about the tidepools at "Little
Corona," and a permanent lifeguard facility. These facilities met grant criteria; a one-
time grant award was authorized by the State, and was paired with the "American
Trader' funds. Upon initial detailed investigation of the facilities, it was determined
that —in addition to the demolition and reconstruction of the existing concession and
shade structures —the restroom facilities were in serious need of improvement. In fact,
some roof elements of the dressing areas were removed for safety reasons, as chunks
of concrete had the potential to fall and injure patrons. In October of 2002, an additional
$365,535 in "American Trader funds" and interest were redirected by the Trustees
Council to the CdM State Beach improvement project, providing a total funding amount
of $1,320,535.
Therefore, the final scope of the project involves a total removal and reconstruction of
the existing antiquated facilities along the beachfront, along with an update of the uses
to reflect the requirements of the current beach -going resident and visitor park users. In
conjunction with the architectural firm of Robbins, Jorgensen, Christopher Architects
(RJC) —hired by the City as consulting architects and designers —a series of "design
objectives" were established. They include:
• Providing a safe beachgoing environment;
• Improving the public safety /lifeguard presence at the beach;
• Fostering environmental awareness of the tide pools and beach, while minimizing
environmental damage;
• Maintaining the natural aesthetic appeal of the beach, bluffs, and ocean view;
• Minimizing the impact of new structures and landscape on existing views;
• Sizing facilities appropriately for `existing' level of beach use, not for expansion;
• Designing structural roofs as "5th- sided" architecture;
• Designing attractive, vandal proof, easily - maintainable facilities in the harsh salt/beach
environment; and
• Mitigating conflicts where possible between fire ring users, volleyball players, and
sunbathers.
Public Safety Needs -- Lifeguard Facilities:
• We believe that the City of Newport Beach also has a responsibility to provide a safe
environment for the public at Corona del Mar State Beach. This responsibility includes
lifeguard services, whose needs at CDM State Beach are outlined below by Fire Chief
Riley:
Cuiona del Mar State Beach
July 8, 2003
Page 4
"Our primary reasons for providing lifeguard services are to watch the water
for potential problems, effect rescues of persons in distress, and provide
medical assistance to minor beach related injuries.
The Fire Department uses a dynamic deployment model for staffing lifeguard
towers and vehicles. Our model is based upon the time of year (summer,
spring break, spring /fall, and winter), the current weather and surf conditions,
and the current and projected beach attendance. During the summer, we
project full deployment each day and scale back from there. So during peak
times of our beach use, we have all towers staffed and watching the water
and all vehicles staffed and providing patrol and tower back -up. A typical full
deployment at Corona del Mar Beach starts at 9:00 AM with one lifeguard
unit patrolling the beach and one lifeguard assigned to a lifeguard tower. By
11:00 AM, we have added a supervisor in a vehicle and four lifeguards to
staff the other lifeguard towers (three more at CdM Main Beach and one at
Little Corona.) The towers remain staffed until 5:00 PM, when we begin
closing the towers over the next two hours. By 7:00 PM, we have closed all
towers and taken a lifeguard patrol vehicle out of service. From 7:00 PM until
9:00 PM, we only have one supervisor to patrol the beach. This is our
schedule from June 15 through August 15; nine of the fifty -two weeks we
provide lifeguard services.
The other forty -three weeks of the year, we use dynamic deployment based
upon circumstances and availability of personnel. There are times when we
only have one lifeguard at CdM. This is due to light crowds or marginal
weather where few people are using the water. Sometimes it is due to the
fact that many of our seasonal staff are not available as they have returned
to their non - summer pursuits (i.e. other jobs, school.) With a new trend
towards spring break occurring during many different weeks of spring, we
have significant difficulty with varying large crowds of out -of- school visitors
and an inconsistent supply of seasonal lifeguards who may or may not be
available. Watching the water during non - summer weeks has become
increasingly challenging.
All of that being said, the Fire Department has asked for some space at CdM
to provide for the following:
1) an enclosed area to park our patrol vehicles - we currently park our
vehicles inside the crowded garage at LG Headquarters at the Newport Pier.
This provides them reasonable protection from the harsh beach environment
that already prematurely shortens the usable life of our vehicles (max. four
years.) This means our personnel assigned to vehicles that patrol CdM must •
first go to the Newport Pier to pick up their vehicles and drive to CdM. This is
valuable time we pay for that is not spent watching the water.
Corona del Mar State Beach
July 8, 2003
. Page 5
2) an area to provide first -aid services - we currently use the back of the
parking control kiosk (about 12 square feet) to administer minor first -aid due
to beach related injuries, -such as sting ray stings, sea urchin spine
punctures, and minor bumps and bruises from being knocked down by surf.
We believe we can design our parking garage to become our first -aid area
when we pull our vehicles out to patrol the beach, eliminating the need for a
separate first -aid area. We would use this area to provide patient seating,
access to clean, hot water, and clean storage of first -aid supplies. It would
also provide a private area for paramedic to work on a patient if necessary.
3) a small observation /work area - as mentioned earlier, there are times
when only one person is assigned to CdM, frequently a full -time employee. A
strategically placed and elevated observation area would allow a single
employee the ability to view the maximum beach area from an improved
vantage point. Currently, the only way for a single person to observe all of
CdM during a non -high -usage period is to patrol in a vehicle. This does not
provide the best visibility in contrast to the proposed observation tower. To
• see the strategic value of a well - placed observation tower, visit us at the
Newport Pier and see what we can see from LG Headquarters; everything
but CdM. This would also allow us to have a presence there and still allow
our full -time employees access to our computer and telephone systems to
work on projects while being available forpublic response.
4) a location to install an 800 MHz radio repeater - the countywide 800 MHz
law /firefpublic works radio system has some obvious coverage problems due
to the topography of Orange County, particularly the areas of Balboa
Peninsula, Corona del Mar and Newport Coast. Working with the County, we
have installed radio repeaters at the Corona del Mar Fire Station and the
Crystal Heights Association entrance kiosk and still may have some
coverage problems along Corona del Mar Main Beach and the Peninsula.
This means we have areas of Newport Beach where our police and fire
personnel cannot communicate on their radios. The County staff believes
and we agree that a repeater at CdM Main Beach would solve the coverage
problems associated with these areas. The erection of a small observation
tower and garage would provide the perfect physical structure to house a
repeater.
This illustrates that this is not a frivolous request but rather a great
opportunity to improve public safety services to CdM beach visitors and their
neighbors. Each one of the reasons listed above enhances our primary
mission - to watch the water."
Corona del Mar State Beach
July 8, 2003
Page 6
Public Outreach:
In response to the design objectives noted above, a public outreach program was
formally established to solicit input from adjacent residents, Parks, Beaches and
Recreation (PB &R) Commissioners, City Council members, and City staff who have a
daily presence at the facility. In late 2001, in conjunction with the State Parks grant
application process, a survey was mailed to approximately 1,000 households in Corona
del Mar and placed on the City's website. 180 responses from the community were
received — that's a 15% response, which is considered fairly strong. Information
gathered from the survey was used to provide additional baseline direction for the
consultants and project team. The Parks, Beaches & Recreation Commission heard an
initial presentation of project concepts in January of 2002 and was asked to provide
initial direction in their role as advisors to the City Council regarding parks and
recreation.
Following the RFP process, culminating with the selection of RJC as project architects
in September, 2002, a series of pre- design meetings were held with City departments to
identify and outline necessary refinements of the project's scope and ways that scope
might be implemented to balance competing needs and interests. •
On March 4fh' 2003 the project team returned to the PB &R Commission to review and
comment on three site plan alternatives prepared by the consultants. A public
workshop, with individual mailed notices sent to over 300 adjacent property owners,
was held on March 10th so that property owners and residents could also see close up
what was being considered and could provide their recommendations. We made a
similar presentation to the City Council on March 25th during Study Session.
In April 2003, project team members presented the latest options and proposals for
discussion to the boards of both the Corona del Mar Residents Association and the
CdM Business Improvement District at their monthly meetings. Board members of both
organizations responded with questions and comments.
After this series of meetings and public hearings, suggestions and recommendations
were focused into one proposal, which was presented to a standing subcommittee of
adjacent property owners — mainly residents of Breakers Drive —on May 15'. Following
their recommendations, and those stemming from additional meetings with City Harbor
Resources, General Services, and Fire departmental staff, the site plan and building
concepts have been further defined into what is the subject of this report. Additionally,
ongoing comments have been received via the project's web page on the City's
website, where the PowerPoint presentations of all public hearings may be reviewed.
Most recently, the project was presented for conceptual approval and for direction —if •
any —on budgetary issues to the P, B & R Commission on June 41t'. Following
discussion from the public on a number of issues, including those related to
Corona del Mar State Beach
July 8,2
Page e 7 7
concessions and lifeguard service and facility matters, the Commission approved the
conceptual plan as presented.
One side aspect of the project should be mentioned at this time to inform the
Commission and Council. Although the "on sand" amenities —fire rings and volleyball
courts —were not formally part-of the project's scope, the project team presented a
number of options to attempt to alleviate the tension between volleyball players, fire ring
users, and adjacent residents who must bear the burden of smoke and soot throughout
the year. The fire rings were the subject of much of the response from the survey, and
of heated debate from residents at the March 10th public workshop. Also, none of the
alternative arrangements appear to be suitable to the organized volleyball constituency
at the beach, who organized an e -mail effort to express their opinions.
As the volleyball court locations shown on the three early alternative plans were not "to
scale" and thus shouldn't have been relied on as particularly accurate; and since there
is still much uncertainty as to what the California Coastal Commission will allow in terms
of any possible reduction in the number of fire rings; and as design of the "on sand"
facilities were not part of the consultant's scope of work but were taking up valuable
resource hours that needed to be utilized elsewhere, the project team has decided—
with the assistance and cooperation of Recreation & Sr. Services departmental staff to
defer this effort to a later date and more suitable venue. Reasonably, this outreach effort
will occur following the approval of a final hardscape design, and be led by staff from the
Recreation & Sr. Services department, with assistance from both Community &
Economic Development and General Services departments.
Site Plan:
Three buildings are proposed for the site: two 1,231 gross square foot restroom
facilities, each having both men's and women's rooms (see Attachment 1); and a 2,225
gross square foot joint -use concession, lifeguard /first aid, and marine life resources
facility that is one -story with a small lifeguard observation room on a second level (see
Attachment 2). The proposed site plan (see Attachment 3) indicates the proposed
position of these three structures, which are proximate to the current location of the
existing structures. The restroom buildings are spread out —with the
concession /lifeguard facility between them —so that they have the ability to serve users
from the entire beach.
Prior to the recent demolition, there were 9,268 s.f. of facilities (including the T -beam
shade structures) at CDM State Beach. This site plan envisions 5,687 s.f. of facilities.
• Each of the two proposed restroom facilities are fully - fixtured and ADA- compliant, and
have 12 total water closets for women and four water closets and four urinals total for
men, along with changing tables in each area. These buildings are proposed in such a
Corona del Mar State Beach
July 8, 2003 •
Page 8
way as to provide the maintenance and cleaning staff the ability to close half the
building (men /women) for cleaning, while leaving the other half (men /women) open for
use. Also, these buildings are located on site in such a way as to enhance visibility of
the doorways from as many sides as possible, assisting with passive security. There
are two rinsing showers outside each of these buildings, which will utilize sand traps to
maintain adequate drainage. The aggregate additional square footage proposed for the
new structures (two identical buildings) is 96 square feet larger than the existing
restroom /changing room structures (which are presently three separate structures); and
the proposed design dramatically increases the number of bathroom fixtures available—
particularly for women —a critical element to almost everyone involved in the public
outreach process.
Likewise, the concession /lifeguard facility is more centrally - located than the existing
structures, providing both the lifeguards and the concessionaire the opportunity to more
easily view and serve the users. This facility design has the ability to provide suitable
concession service for food service concessions, "beach rentals" (body boards,
umbrellas and similar equipment) and storage; marine life refuge educational as well as
first aid, observation, light supervisory activities for the lifeguard service. Following
discussion with adjacent residents, and after on -site facility inspection and discussion •
between the consultants and lifeguards, the higher -level lifeguard observation room has
been significantly scaled back in size, to a total of 75 square feet of floor area
(approximately 8.4' wide by 9' deep) and approximately 19 feet in total exterior height.
To accommodate Peak beach food service concession on an "as- needed" basis —the
possible 10 -15 days per year where the project team envisions that the proposed
structural concession service may not be sufficient —a temporary vehicular concession
parking area has been located adjacent to the western side of the park. This area is
near the largest proposed area of grass to accommodate standing patrons (both before
and after service), and would not require the removal —on even a temporary basis —of
parking. A subcontract to the concessionaire could likely be established with a local
commercial food service provider, which would operate a self- sufficient van -type vehicle
at._ that location adjacent to the curb. This "as- needed" location for a non - permanent
concession facility serves a number of goals: it reduces the total permanent building
mass and space adjacent to the beach; reduces on -going maintenance for the
concessionaire and the City; and thus saves costs.
A note about public concerns regarding the site plan: Several residents of Breakers
Drive have written the City about the proposed project. Most state that additional
permanent structures will not benefit the beach. Some have pointed to the lifeguard
facility as an unnecessary addition. We hope that design simulations and possibly story -
poles for the facilities might allay residents' concerns regarding building height, location •
and view impacts.
Corona del Mar State Beach
July 8, 2003
Page e 9 9
The existing concessionaire -- Mr. Gordon Kilmer -- has also raised concerns about the
reduction in space available for the concession at CDM State Beach. Kilmer believes
that two separate concession spaces are needed to effectively serve the beachgoers.
The staff team associated with this project (Kill, Dalton and Berger) recommend
reducing the size of the concession area to better fit within the proposed project and to
help respond to residents' desires to see "fewer permanent structures." The
concessionaire has been working with the City for a number of years, although there is
not a concession agreement in place at this time. We intend to issue a Request for
Proposals (RFP) for new concession services (to which Mr. Kilmer is more than
welcome to respond) as the Project nears completion" -- doing so is consistent with
Council Policy F -4 ( "Income Properties ").
This report indicates the existing and proposed "space lists " —Le., what uses are
allocated how much square footage on the site and what net increase /decrease is
proposed (see Attachment 4). A significant comparative statistic is located in the chart
titled "Miscellaneous Comparisons" (see Attachment 5). The linear building frontage —
the amount of `building wall' a viewer sees from the ocean side or the Breakers Drive
side —is almost reduced by half: In other words, the proposed building arrangement has
greatly increased the ocean visibility for adjacent residents — particularly those whose
houses are below the bluff —by orienting the "long side" of the buildings perpendicular to
the ocean.
Finally, the existing `softscape' areas adjacent to the beach — grass, trees, seating walls
and sidewalks —will be reconfigured to allow for a more appealing user experience.
Approximately 8,800 square feet of turf grass area will be added; spread out across the
length of the beachfront/pavement "strand" so users can feel more separation from each
other and so that school children attending tide pool education can be more effectively
(and safely) controlled by their chaperones as they walk to and from the tide pool areas.
However, the actual length of paving /sidewalk is not substantially increased, though
they will be widened to allow for more comfortable pedestrian circulation and more
efficient cleaning by the City's existing rolling stock. Seating walls along the strand will
allow additional `non -sand' relaxation while protecting the turf somewhat from blowing
sand build -up. These seating walls accommodate a number of breaks, however, for
visitors to easily walk to the sand and for emergency vehicle access. Further, a new
sidewalk along the along the western edge of the parking lot— connecting the strand to
the stairway leading to Ocean Boulevard —is proposed. Many of the current site's
existing palm trees will be removed and relocated in new ways to accommodate the
update in design.
J
Corona del Mar State Beach
July 8, 2003
Page 10 .
Alternatives and Phasing:
We estimate that the total cost of this project —if we include each of three Alternatives —
may be in the range of $2.1 to $2.4 million. As noted previously, only about $1.3 million
is secured and "in- hand." The base project— without the Alternatives —is estimated at
about $1.99 million.
As such, the Council will want to determine if we should include or exclude certain
alternatives — listed below —in the project and whether or not to direct us to complete the
overall project in phases.
If the Council likes the overall project but we still need additional funding, phasing may
work well —we would complete what we can with available funds and seek funding for
the remainder. Once the remaining funding is secure, we would complete the full scope
of the project as a "Phase II."
Phase I. Phase I consists of .demolition of the existing structures on the site, and
construction of the three replacement buildings (two restroom facilities and one multi-
use structure), along with necessary sidewalks, seating walls, utilities and landscaping
along the beach-front/pavement "strand," as noted above. 0
Phase II. Phase II consists of three possible add -ons. In a project of this nature —at a
facility where no significant improvements have been made for many years —there are
usually additional elements (called ".add -ons" in this Staff. .Report) that are deemed
appropriate —even necessary—but are not critical to the project's success. The Corona
del Mar State Beach improvement project is no exception; there are three.
• Add -on #1 -- Parking Lot Improvements. Add -on #1 relates to the site parking
lot. Portions of the lot and the parking fee booth will be demolished and rebuilt to
accomplish the main elements of the project. However, to accommodate better
internal traffic flow and parking accommodations (with little net change in total
spaces) and to provide a more efficient entrance kiosk, it is recommended that
the parking lot improvements be combined with the project's first phase. This
add -on does not, however; significantly alter the existing driveway in and out of
the park or the entrance to Breakers Drive. Due to the physical constraints on the
property, the stacking of waiting vehicles at the top of the hill will continue to be
enforced by traffic management and police personnel when the existing lot is full,
in order to ensure access the ability of Breakers Drive residents and emergency
vehicles to enter and exit the facility at all times.
• Add -on #2 -- Picnic Areas. As a 2nd additional element, there is a call to improve •
the existing picnic area at the northwest corner of the park site. Although the
details have not yet been worked out in any substantive detail, the consulting
Corona del Mar State Beach
July 8, 2003
• Page 11
architects have taken a first step in estimating sitework and landscaping
descriptions in response to recommendations by City staff. Improvements may
include: new landscape, turf and associated irrigation —but saving the existing
trees; new picnic tables and barbeque areas; hardscape pavers /paving to
accommodate year -round use of the barbeques; proper drainage to
accommodate runoff; low retaining walls as required; better pedestrian access as
required; and covering the adjacent - existing drainage swale.
• Add -on #3 -- Additional Lifeguard Vehicular Storage. Add -on #3 concerns the
final portion of new facilities recommended by the Fire Department for additional
public safety presence at the park. The Fire Chief believes that, to increase
efficiency and timeliness in their duties, they may require the ability to store a
lifeguard vehicle (truck) away from the proposed lifeguard facility in an enclosed
space. One possible option would be to construct a small., non - obtrusive
structure near the northwest portion of the site, perhaps in conjunction with picnic
area improvements.
These three add -ons are meant to be viewed as separate and distinct options —and not
• as a part of the base scope of work. If the City Council wants to pursue these, it should
consider the allocation of additional funds in future year budgets (see Attachment 7).
Although add -ons #1 and #2 are indicated on the proposed site plan for purposes of
clarity, add -on #3 has not been, and none are part of the initial project scope of design
for the consultants or staff. The PB &R Commission has, and City Council should, review
these add -ons, however, to understand and debate the entirety of the site - related
project.
Schedule:
Following approval of the conceptual plans by City Council, the project team must
prepare fully detailed construction plans and specifications, obtain plan approval from
the California Department of Fish and Game, the California Department of Parks and
Recreation, and permits from the City's Building Department and the California Coastal
Commission before the project may be advertised for bid. The project must be
advertised for bid by mid -June '04 so that bids may be opened by mid -July, award made
by early August, construction commence the day after Labor Day 2004, and work be
completed by Spring Break '05. A copy of the current schedule is provided (see
Attachment 8).
Environmental Review:
• A Notice of Exemption, utilizing Categorical Exemption Class 2, Section 15302
(Replacement or Reconstruction), was filed with the Clerk of the County of Orange and
posted in March, 2003. Per the California Environmental Quality Act, "Class 2 consists
Corona del Mar State Beach
July 8, 2003
Page 12
of replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced." (Sec. 15302)
The N.o.E. was filed prior to the project's conceptual approval, in order to comply with
procedures for obtaining the agreement required under the Proposition 12 local
assistance grant noted above. The project description outlined in the N.o.E. calls for the
project to: "replace restrooms, concession facilities and outdoor eating facilities; provide
lifeguard substation facilities and interpretive areas."
Funding Availability:
As noted above, the City has approximately $1,320,535 allocated to the project at the
present time, minus design, engineering, and other consulting services costs. However,
the grand total for the base scope of work is estimated at approximately $1,992,848
(see Attachment 6). Additionally, Phase 11 Add -on #1 improvements are estimated at
$219,385; Ph. II Add -on #2 improvements are estimated at $146,258; and Add -on #3
improvements are estimated at approximately $103,863 (see Attachment 7).
Staff Recommendation. Staff believes that the proposed base scope of work, as
presented in this report, is a reasonable and well- considered project appropriate to the
local community and the wider audience it serves. Additionally, the project team
believes that Phase II Add -on #1 is an appropriate addition to the overall project, which
should reasonably be constructed along with the Phase I (base scope of work)
improvements.
Therefore, we recommend that the Council approve in concept the design and cost
estimate for the base scope of work (Phase 1) and Add -on #1 of Phase II for a total
project cost approximated at $2,212,233. We also recommend that the Council
authorize us to go forward with planning, design and permitting for both Phase I and
Add -on 41 of Phase II. As design and permitting are underway, we will examine
additional funding options (including grants) to reach our almost $2.5 million goal.
Prepared by: Submitted by:
ZT
Ge ge Urger/ Ca D Pr gram Manager Dave Kiff, Assistant City Manager
Attachments: •
Attachment 1: Proposed Restroom Facility Plan and Elevation
Attachment 2: Proposed Concession /Lifeguard /Marine Resources Plan and Elevation
Attachment 3: Proposed CdM State Beach Site Plan
r
•
L.
Corona del Mar State Beach
July 8, 2003
Page 13
Attachment 4:
Space List
Attachment 5:
Miscellaneous Comparisons List
Attachment 6:
Conceptual Cost Estimate — Base Scope of Work
Attachment 7:
Conceptual Cost Estimates — Phase II Add -ons 1 -3
Attachment 8:
Current Project Schedule
Attachment 9:
Notice of Categorical Exemption
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Corona del Mar State Beach
Beachgoer Amenity Improvements Project
•
Conceptual Cost Estimate
Description
Area/Quantity Unit
Unit Cost
Total Costs
Demolition:
Bond
1%
Demo Existing Concrete Planters
4,508 sf
$1.50
$6,762
Demo Existing Lawn
12,664 sf
$0.50
$6,332
Demo Existing Concrete Sidewalk
33,443 sf
$1.10
$36,787
Demo Existing Buildings
4,044 sf
$6.00
$24,264
subtotal
$74,145
Buildings:
-
Restroom Buildings (incl. Showers)
2,462 sf
$100
$246,200
Lifeguard / Concessions Building
2,225 sf
$85
$189,125
Permanent Shade Structures
1,000 sf
$35
$35,000
subtotal
$470,325
Sitemork:
Curb & Gutter
1,220 If
$12.00
$14,640
Asphalt Repair
6,100 sf
$ 2.00
$12,200
Soil Prep and Grading
51,015 sf
$0.50
$25,508
Compaction(atsite)
30,328 sf
$1.50
$45,492
Compaction (at buildings)
5,687 sf
$1.50
$8,531
New 4" concrete walk
?^1678 sf
$5.00
$113,390
New 4" enhanced paving
11,339 sf
$6.50
$73,704
Concrete Seat Wall
750 If
$100.00
$75,000
Utility Conncections
is
$10,000
subtotal
$378,464
• Landscape:
New Pain Trees (mature)
10 ea
$4500
$45,000
Relocate Existing Palm Trees
32 ea
$2,250
$72,000
Shrubs & Groundcover
15,000 sf
$5.00
$75,000
Turf
30,328 sf
$2.00
$60,656
Concrete Mow Strip
500 if
$9.00
$4,500
Irrigation
45,328 sf
$1.50
$67,992
Landscape & Pathway Lighting
is
$15,000
Drinking Fountains
4 ea
$1,500
$6,000
Picnic Tables
8 ea
$1,500
$12,000
Trash Cans
8 ea
$800
$6,400
subtotal
$364,548
Allowances:
Interpretive Signage
is
$25,000
Electrical Upgrade
is
$10,000
Lifeguard Communication Equip.
is
$15,000
subtotal
$50,000
0
Total Construction Costs
total $1,337,482
General Contractor Fees:
Bond
1%
$13,375
General Conditions
9%
$120,373
Overhead & Profit
9%
$120,373
Contingency
15%
$200,622
Project Management
15%
$200,622
grand total $1,992,848
June 25, 2003
Attachment 6
rj
Corona del Mar State Beach Attachment 7
Beachgoer Amenity Improvements Project
Conceptual Cost Estimate •
Phase IL Add On 1: Parking Lot Improvements
Description Area/Qumtity Unit Unit Cost Total Costs
Demolition:
Demo Existing Buildings 200 sf $6.00 $1,200
Demo existing curbs 1,129 if $125 $1,411
subtotal $2,611
Buildings
New Parking Attendant Building
200 sf
$85
$17,000
Shrubs & Groundcover
5,643 sf
$5.00
$28,217
Sitework:
2,822 sf
$2.00
$5,643
Concrete curbs
2,258 If
$8.00
$18,064
4" Concrete Walkrays
1,176 sf
$5.00
$5,880
New A.C. Paving
7,000 sf
$2.00
$14,000
Patch /Repair Exist. Paving
1,544 Is
$1.00
$1,544
New Seal Coat
30,881 sf
$0.32
$9,882
New Striping
30,881 sf
$0.07
$2,162
subtotal
$33,468
Landscape
Parking Islands
963 sf
$2.50
$2,408
Shrubs & Groundcover
5,643 sf
$5.00
$28,217
Turf
2,822 sf
$2.00
$5,643
Relocate Existing Palm Trees
15 ea
$2,250
$33,750
Irrigation
9,428 sf
$1.50
$14,142
subtotal
$84,160
Allowances:
Entrance Lighting
is
$5,000
Security Gates
Is
$5,000
subtotal
$10,000
Total Construction Costs
total
$147,238
General Contractor Fees:
Bond
1%
$1,472
General Conditions
9%
$13,251
Overhead & Profit
9%
$13,251
Contingency
15%
$22,086
Project Managem¢d
15%
$22,086
grand total
$219,385
June 25, 2003
0
2Z
Corona del Mar State beach
Beachgoer Amenity Improvements Project
Conceptual Cost Estimate
Phase 11, Add On 2 Picnic Area Improvements
Description
Area,/Quantity Unit
Unit Cost
Total Costs
Sitemork:
Soil Prep and Grading
9,990 sf
$0.50
$4,995
Compaction (at site)
9,990 sf
$1.50
$14,985
Concrete Retaining Walls
35 if
$150.00
$5,250
4" Concrete Walkways
850 sf
$5.00
$4,250
subtotal
$4,250
Landscape:
Shrubs & Groundcover
3,047 sf
$5.00
$15,233
Turf
6,093 sf
$ 2.00
$12,187
Relocate Existing Palm Trees
15 ea
$ 2,250
$33,750
Concrete Mow Strip
200 If
$9.00
$1,800
Irrigation
6,093 sf
$1.50
$9,140
Landscape & Pathway Lighting
is
$5,000
Drinking Fountains
2 ea
$1,500
$3,000
Picnic Tables
6 ea
$1,500
$9,000
Trash Cans
6 ea
$800
$4,800
Barbeque Grills
6 ea
$800
$4,800
Coal Recepticals
tea
$800
$1,600
subtotal
$93,910
Total Construction Costs
total
$98,160
General Contractor Fees:
Bond
1%
$982
General Conditions
9%
$8,834
Overhead & Profit
9%
$8,834
Contingency
15%
$14,724
Project Management
15%
$14,724
grand total
$146,258
0
June 25, 2003
%I
e
Corona del Mar State Beach
Beachgoer Amenity improvements Project
Conceptual Cost Estimate 40
Phase II, Add On 3: Lifeguard Vehicle Storage
Description Area,/Quantity Unit Unit Cost Total Costs
Demolition:
Demo E>asting A.C. Paving 1,295 sf $1.00 $1,295
Buildings
Lifeguard Vehicle Storage Building 6
695 sf $
$85 $
$59,075
Sifeevork.
Asphalt Repair 9
925 sf $
$2.00 $
$1,850
Soil Prep and Grading 6
695 sf $
$0.50 $
$348
Compaction (atbuildings) 6
695 sf $
$1.50 $
$1,043
Utility Conncections i
is $
$10,000
subtotal $
$13,240
Landscape:
Shrubs & Groundcover 6
600 sf $
$5.00 $
$3,000
Irrigation 6
600 sf $
$1.50 $
$900
subtotal $
$3 ,
Total Construction Costs
General Contractor Fees.,
Bond
General Conditions
Overhead & Profit
Contingency
Project Management
1%
9%
9%
15%
15%
June 25, 2003
total $77,510
$775
$6,976
$6,976
$11,627
$11,6 ^_7
grand total $103,863
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POSTED
0 MAR 0 3 2003
t
TOM DALY, CLERK - RECORDER
Y DEPUTY
CITY OF NEWPORT BE�.:H
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NOTICE OF EXEMPTION
F I L E VATTACHMEN'
9
MAR 0 3 2003
"TOM DALY. CLERK- RECORDER
To:
From: City of Newport Beach
1400 Tenth Street, Room 121
F-1 Office of Planning and Research
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Sacramento, CA 95814
Newport Beach, CA 92658 -5915
(Orange County)
County Clerk, County of Orange
Public Services Division
P.O. Box 238
Date received for filing at OPR:
Santa Ana. CA 92702
i
Name of Project: Corona Del Mar State Beach Amenity Improvements
Project Location: Corona Del Mar State Beach
Specific:
Project Location-City: 1b7ewportBeach Project Location- County: Orange County
`
Project Description: Replace restrooms, concession facilities and outdoor eating
facilities; provide life -tiard substation facilities and inte7pretive
areas. RECEIVED S\
PLq�lNING DEP ^, ?Tn,Eni-
Ci -,,
Exempt Status: (check one) . ,
Ministerial (Sec.21080(b)(1);15268); _ " 1u03
1.1
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c);
X Categorical Exemption. State type and section number. Class 2, Section 15302
Statutory Exemptions. State code number:
General Ruie (Sec. 15061 (b)(3))
Reasons why project is exempt: Reconstruction of existing structures and facilities on the same site with
substantially the same purposes and capacities as the exisnnp structures and facilities.
Name of Public Agency Approving Project: Citti of Newport Beach
Date of Approval:
:Name of Person or Agency Carrying Out Project; Llovd Dalton, Public T orks Deparnnent
'
Contact Person: Lloyd Da ton Title: Design Engineer
Signature: Tel.No. 949- 644 -3328 Date: January 16, 2003
Z(9
E
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C'2 ,`a',i'i AGEPaDA
J.
Agenda Item No. 22
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 -644 -3328
Idalton@city.newport-beach.ca.us
SUBJECT: CORONA DEL MAR STATE BEACH IMPROVEMENTS - AMENDMENT
NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS
JORGENSEN CHRISTOPHER ARCHITECTS
RECOMMENDATIONS:
Approve Amendment No. 2 to Professional Services Agreement with Robbins
Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute
the Amendment.
DISCUSSION:
On September 10, 2002, the City Council approved a Professional Services Agreement
with Robbins Jorgensen Christopher Architects (RJCA) for $111,670.00 to provide
planning, design, and construction services for a project to improve and upgrade visitor
and other amenities at Corona del Mar State Beach (Copy attached). On December
12, 2002, the City Council increased the budget for the project and approved
Amendment No. 1 for $31,330.00 to compensate RJCA for additional services (Copy
attached). The additional budget was generated from the City's accumulated American
Trader oil spill interest and from excess funds budgeted for other completed oil spill
projects.
On June 24, 2003, the City Council approved a conceptual plan that included parking
lot entrance modifications and a provisional increase in the budget for the project. This
budget increase was approv @d with .the provision that a construction contract could be
awarded for either the approximate $1.1 million that is currently budgeted or for a larger
project in the event that the City can obtain additional funding. Staff is presently
searching for funds needed to award the entire project estimated at $2.5 million.
RJCA is presently completing final design, and has submitted a proposal to amend their
scope of services to provide the additional design and construction services needed for
the entrance modifications and the provisional increase in budget for the project (See
•
attached Amendment No. 2). Staff has negotiated RJCA's compensation, which will
increase their fee from $143,000.00 to $214,500.00. Staff feels the additional
SUBJECT: Corona Del Mar Beach - Amendment 2 to the Professional Services Agreement With Robbins Jorgensen Christopher
Architects
December 9, 2003
Page 2
$71,500.00 is appropriate for the additional -scope of services -that is needed, and
recommends Council approval.
Environmental Review:
The design services for-this project do not require an environmental review. The project
itself will require environmental review.
Public Notice:
Not applicable at this time.
Funding Availability:
Adequate funds are available for approving Amendment No. 2 in the following account:
Account Description
Corona del Mar State Beach Improvements
Prepared by:
r
• �.`;Y •
Projdtt Manager
Account Number Amount
7295- C5100569 $71,500.00
Submitted by:
:pnenx -j. baoum
blic Works Director
Attachments: Copy of Executed PSA with RJCA
Copy of Executed Amendment No. 1 with RJCA
Copy of Proposed Amendment No. 2 with RJCA
Is
0
PROFESSIONAL SERVICES AGREEMENT
FOR
CORONA DEL MAR STATE BEACH IMPROVEMENTS
THIS AGREEMENT, .entered into this Aap day of , 2002, by and
between the City of. Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Robbins Jorgensen Christopher Architects whose address is 2800 Lafayette,
Newport Beach, California, 92663, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to replace improvements at Corona del Mar State Beach
('Project').
C. City desires to engage Consultant to provide architectural services for
Project upon the terms and conditions contained in this Agreement.
D. The principal member. of Consultant for purpose of Project is Roberta W.
Jorgensen, FAIA-
E. City has solicited and received a proposal from Consultant, has reviewed
tie previous experience and evaluated the expertise of Consultant, and.
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desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the/0 d y of , 2002, and
shall terminate on the 1' day of January 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT 0
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit 'V attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of one hundred eleven
thousand, six hundred seventy dollars ($111,670).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
•
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11
computer printing, postage, mileage, etc.
3.2 Consultant shall submit monthly progress invoices to City payable by City
Within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive compensation for extra work without prior
written authorization of City. Authorized compensation shall be paid in accordance with
the schedule of the billing rates as set forth in Exhibit "B °.
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been authorized by this Agreement, or specifically approved in advance by City.
Such reimbursement shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. Costs of subconsultants for performance of any of the services which
Consultant agrees to render pursuant to this Agreement which have been
awarded in accordance with the terms and conditions of this Agreement.
B. Other costs and /or payments specifically authorized in advance in writing by
City and incurred by Consultant in the performance of this Agreement.
4. STANDARD OF CARE
All of the services shall be performed by Consultant, or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant has
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or shall obtain all licenses, permits, qualifications and approvals required of its profession,
and Consultant shall keep in effect all such licenses, permits and approvals during the
term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall foliow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's Project
Administrator. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager.shall be available to City at all reasonable times
during term of Project. Consultant has designated Roberta W. Jorgensen, FA(A, to be its
-4-
• Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name and hourly billing rate. Consultant shall not remove
or reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be.
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel- assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project as contemplated by this Agreement.
8. TIME OF PERFORMANCE
• Time is of the essence in the performance of the services under this Agreement.
•
Consultant shall not be responsible for delays which are due to causes beyond
Consultant's reasonable control; however, in the case of any such delay in the services to
be provided for Project, each party hereby agrees to provide notice to the other party so
that all delays can be addressed.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance bf all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
-5-
federal law, regulations and permit requirements and be subject to approval of the Project •
Administrator.
11. PROGRESS.
Consultant is responsible to keep the Project Administrator informed on a regular
basis regarding the status and progress of the work, activities performed and planned,
and any meetings that have been scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers. and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or •
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attomeys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
•
10
• described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any .right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, employees, and volunteers as,
additional insured for all liability arising from Consultant's services as described herein.
Insurance policies With original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State
of California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including 'Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
• the State of California.
•
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured wording endorsement covering any owned and rented vehicles of
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Consultant in a minimum amount of $1 million combined single limit per 0
accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. . PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
Q=E
•
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Loll
Consultant shall, at such time and in such forms as City may require, furnish •
reports concerning the status of services required under this Agreement.
16... CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall field review to verify the
accuracy of information provided by City or others City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. All reproduction shall be the responsibility of Consultant .
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lloyd Dalton, PE,
shall be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement Consultant shall maintain complete and accurate
E
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• records with respect to the costs incurred under this Agreement. "All such records shall be
clearly identifiable. _Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
• withholding. Consultant shall have an immediate right to appeal to the City Manager or
L]
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or.omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
-11-
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS •
City reserves the .right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
Califomia Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless •
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
lJ
• postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Lloyd Dalton, PE ..
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3328
Fax (949) 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Roberta W. Jorgensen, FAIA
Robbins Jorgensen Christopher Architects
2800 Lafayette
Newport Beach, CA 92663.
(949) 566 -0080
• Fax (949) 566 -0082
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such 'default* and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
partywritten notice thereof.
•
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City shall have the option, at its sole discretion and without cause, of terminating •
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, City shall pay to Consultant that portion of
compensation specified in this Agreement that is eamed and unpaid prior to the effective
date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a •
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City. Since
•
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• Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
• as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
E
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in "dwg" file format. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify' City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By
City Atto ey
-16-
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
ROBBINS JORGENSEN CHRISTOPHER
ARCHITECTS
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scope uf work'
Corona DeCMar
,State Beach
Improvements
11
The narrative below describes the proposed conceptual design effort and corresponds to the Scope of Work
outlined in Attachment "B" of the RFP.
Planning and Pre - Design
Kickoff Meeting
Atthe kickoff meeting we will begin with introductions and a discussion of communications and reporting
protocols. WeC villrevibwi heprojecfgoafs ,budget,funding,andschedule. Wewillyd ewez6 9project
W s .oainformationandinformatio e detetledpmject
schedule maybe developed. We will develop a list of project stakeholders and discuss how and when these
stakeholders may participate in the design process. We will discuss the poljtcalana regulatory context for
design and approval.
Review Existing Data
We will review all costing data, including City /property owner agreaments, zo nng and landyse regulations,
applicable City.ord'inances, Coastal Commission and other regulatory agencyrequirements, land develop-
m ent ordinances, topographic and boundary surveys, easements, geotecfirlicalreports, traffic and parking
plans or studies; pa tang requirements, and ezrsfing on site publictaciliies and plans.
...:..
Determine specifically what add tiohal information will nead to b_ e gatherad; and coordinate with the City to
provide orsecure that data in the mast cost efective manner.
Site Investigation and Scope Identification
Sfe investigation, combined with the available existing site data will allow us to.renne.tthe scope of workfor
su vaymg and sons investioation. Utilities will be identmed, and needed improvements d?teanu _ed. The
scope of grading, drairage, paving, and lighting will all be determined 'atthai time.
Programmatic Requirements
Discuss with City represantatives the programmatic requirements forthe pr
Establish the requirements for a successful design, including function and o
_,. :..:
Lonmun yacceptance, appropraiqdesTh ,srting,-arnd implementation with
This location is visited by thousands of people every year. It is important that the City of Newport Beach is
well represented by the appearance and operations of the facilities formany years to come. This can be
accomplished by placing an emphasis on pre - design and establishing upfront the priortties for the project,
and the utilization of the funds available.
Because Robbins Jorgensen Christopher provides almost all of our architectural services topubfic clients,
6yu, +x�reaV3w
we are familiar with the need to design for the reaiityoflong term maintenarice'andJiµavy'ttsue:We will
dscpss with the City ourrecommendations and experience with materials and systems that an withstand the
requirements of public utilization. Durable building materials will be ufili>_ed while still designing an interesting
and Inviting beach facility.
ROBBINSJORGEI`TSENCHRISTOPHER
.F '. a of work
Design and Construction Documents
Develop Conceptual Designs
Corona DeiJ�far Ourofffce does not have preconceived notions about form or style, and each project represents a search for
an appropriate architectural response to context. You will seethe vanetyofthese responses when you
State Beach -
review our work.
Improvements
a
We will prepare option of design drawings for public restrooms,concession buildings, lifeguard tower/
substation, storage room and vehicular garage. Additionally, we will preparea site plan with improvements to
beach sports facilities, barbecue areas, parking, trafficilow, "spaces for interpretive exhibits and educafional
outreach, signage, lighting, seating and landscape.
For the lifeguard tower /substation, as in any emergency response facility, the lile'saving"'mission will be given
priority above all other design considerations. We have -om plated design for over 35 Emergency Response
Facilities, so we are familiar with the critical priority of lifesaving related operations and equipment The building
must be funlonallyeffecWe. On this site, however, aesthetic considerations and long tens maintenance and
dpeati! conc -ms will also be crucially important. Wewilladdressvandalism and marinecorrosions
We should admit to our one and only design preconception: every public building.should embodythe values
of its citizens. We believe that the City of Newport Beach's environmental sensitivity should extend to its capital
improvement projects. Our design will maximize the use of sustainable building materials and minimize the
consumption of non - renewable resources.
The sensitivity of the Corona del MarSate Beach site will require that the conceptual designs be developed as
computer models and placed into the existing context so that all interested stakeholders can see be- orEand -after
photo'realisric renderings of the design proposals from the vantage points of critical view sheds. We will use
AutoCAD 2000 software to develop the computer models. The images will than be integrated into digital
photographs of site using PhotoShop software.
We can print these renderings in -house on large boards using our four - color, high resolution HP plotters, orthe
cioital images can be projected as PowerPoint slides.
Conceptual cost estimates will be developed that reference materials and workto the numerical CSI sections of
the preliminary specifications. These estimates will includefa ii ty.cosig, site costs, and oif decosts. The General
Contractor's general conditions, overhead, and profit rates will be ideritmed separately. Unless instructed
otherwise, the cost estimatewill babased on Davis -Bacon labor rates. The cost estimate will include a contiri .
gency allowance appropriate to the specificity of the design and will include anescalation factor pro-rating the
estimate to the midpoint of construction.
ADA Accessability
We have extensive experience with the application of ADA to public facilities, and we have ourselves acted as
ADA consuftants,for Cal Poly Pomona (development of an ADA Access Plan forthe 1600 acre site), the City of
Long Beach, acid the City of San Diego.
At the Santee Lakes Regional Park we have designed a Fishing Pier for the Severely Disabled. Accessibility,
when integrated early into design options, provides a successful and implementabla solution for everyone.
•
Present Design Concept at Public Meetings
The most important issue in presenting a design to the public and to elected officials is allowing them to
understand the process as well as the conclusion. Council representatives need to understand their consiitu-
en +s'concems, and they need to understand cleady how the design responds directly to those concerns. Public •
projects needto be "bam- raisings'that reinforce community spirit ratherthan inflaming controversy.
ROBBL',TS JORGENTSENT CHRISTOPHER
scope of work
Corona DefMar
State Beach
Improvements
•
Develop Construction Documents
Once design decisions have been secured, we will develop Constriction Documents suitable forbidding and
construction. These will include drawings of architectural, civil, tandscape, mechanicaVpiumbing, and electrical
disciplines. The Project Manual will incorporate and coordinate with the City's requirements for the General
- Contractor. We will assistthe City in securing Agency Approvals.
Constructibility
Construction implementation will be a critical element of this project. Because of the very high use and public
nature of the site, access and functionalitywill need to be maintained at all times. Our development of a phasing
plan for traffic, paiking and construction will be informed by out experience not only as architects, but as
Program managers asWell. These services weire-provided forcfients who were using'otherarch fectural firms,
but who wanted our expertise as managers and implementers. We have provided Program Management
services through design and construction (often on -site) forthe Coast Community College District and Orange
County Fire Authority, among others. We have also been hired to provide Constructibility Review of construc-
tion documents prepared byothers by numerous publicapricies.
Construction Administration
Wewill attend meetings, reviewspec`med submittals, respond to responsible RFI's, and coordinate with the City's .
representative. Once construction is completed, we will prepare as -built drawings from the contactors docu
mentation.
Statement of Understanding
Robbins Jorgensen Christopher gene, ally understands and agrees with the General requirements of Section C of
the RFP.
Comments on "Professional Services Agreement,' -
We would liketo discuss wthyou pare graph 7 and lof the Professional Services Agreement.
ROBBINS JORGENSEN CHRISTOPHER
AMENDMENT NO. 1 •
TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day, of AC erg 9 e,— 2002, by and
between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred
to as "CITY'), and Robbins Jorgensen Christopher Architects (RJCA), whose address
is 2800 Lafayette, Newport Beach, California, 92663 (hereinafter referred to as
"CONSULTANT'), is made with reference to the following:
RECITALS;
WHEREAS, •
A. On September 10, 2002, CITY and CONSULTANT entered into a
professional services agreement, hereinafter referred to as "AGREEMENT", for
architectural services for the Corona del Mar State Beach Improvements project,
hereinafter referred to as "PROJECT; and
B. CITY has requested CONSULTANT to provide additional
professional services not included in AGREEMENT; and
C. CONSULTANT has proposed to provide additional professional
services not included in AGREEMENT; and
D. CITY desires -to compensate CONSULTANT for additional
professional services not included in AGREEMENT; and
E. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow.
NOW, THEREFORE, the parties hereto agree as follows: •
1. CONSULTANT shall be compensated for services performed
• pursuant to AMENDMENT NO. 1 according to "Exhibit A" dated November 8, 2002,
attached hereto.
2. Additional compensation to CONSULTANT for services performed
pursuant to this AMENDMENT NO. 1 shall not exceed thirty -one thousand three
hundred thirty and no /100 Dollars ($31,330.00), thus increasing total compensation
for Project to $143,000.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed AMENDMENT
NO. 1 on the date first above written.
•
APPROVED AS TO FORM:
By:
City Attorney
CITY OF NEWPORT BEACH,
A municipal corporation
F-0
City of Newport Beach
Consultant
BY: v
ATTEST: I
• Print Name
LaVonne Harkless
City Clerk -
•
f; luserslpbw \sharedlagreementsify 02- 03kica- amendno1-cdm state beach.doc
ROBBINSJORGENSENCHRISTOPHER
M8 November 02
Mr. Lloyd Dalton
Design Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE:-CdM State Beach Improvements, #3461
Dear Lloyd,
Exhibit A
NOV T 9 2002
We have reviewed the additional fee for professional services related to the increase in
scope and cost for the Corona del Mar State Beach Improvements project. The increase
in scope will result in additional building area, therefore additional design and
construction document time will be required. Also additional construction administration
services will be needed. Since the project augmentation will now allow for the
programming, design and construction of Lifeguard facilities in addition to the
concession and restroom facilities funded by the original scope, we will need to add
some additional time to the computer generated massing studies that will be developed
to study the community views.
The construction value, as well as our liability, has been increased by approximately
60 %. In order to meet the requirements of the City, we believe that we can complete the
project, including the additional scope, for $143,000.
Please call me if you have any questions on this revised proposal.
Sincerely,
Rob ins Jorgense hristopher, Inc.
Roberta W. Jo n, FAIA
President
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• AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
FOR CORONA DEL MAR STATE BEACH IMPROVEMENTS
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of , 200_, by and
between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
referred to as "CITY "), and ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
(RJCA), whose address is 2800 Lafayette, Newport Beach, California, 92663 (hereinafter
referred to as "CONSULTANT'), is made with reference to the following:
RECITALS:
WHEREAS,
• A. On September 10, 2002, CITY and CONSULTANT entered into a
professional services agreement, hereinafter referred to as "AGREEMENT', for
architectural services for the Corona del Mar State Beach Improvements project,
hereinafter referred to as "PROJECT'; and
B. On December 12, 2002, CITY and CONSULTANT entered into an
amendment to AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", for
additional professional services needed for PROJECT; and
C. CITY has requested CONSULTANT to provide additional
professional services not included in AGREEMENT or AMENDMENT NO. 1; and
D. CONSULTANT has proposed to provide additional professional
services not included in AGREEMENT or AMENDMENT NO. 1; and
E. CITY desires to compensate CONSULTANT for additional
professional services not included in AGREEMENT or AMENDMENT NO. 1; and
•
. F. CITY and CONSULTANT mutually desire to amend AGREEMENT •
and AMENDMENT NO. 1, hereinafter referred to as "AMENDMENT NO. 2 ", as
provided herebelow.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to AMENDMENT NO. 2 according to "Exhibit A" dated November 25, 2003,
attached hereto.
2. Additional compensation to CONSULTANT for services performed
pursuant to this AMENDMENT NO. 2 shall not exceed Seventy -One Thousand Five
Hundred and no /100 Dollars ($71,500.00), thus increasing total compensation for
PROJECT to $214,500.00.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect. •
IN WITNESS WHEREOF, the parties hereto have executed AMENDMENT NO.
2 on the date first above written.
_T=;791VA97d.CQ 101 :7A
By:
City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
M
Steven Bromberg, Mayor
City of Newport Beach
ROBBINS JORGENSEN
CHRISTOPHER ARCHITECTS
0
Print name
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ROBBIN SJ ORGENSEN CHRISTOPHER
November 25, 2003
Mr. Lloyd Dalton
Design Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: CDM State Beach Improvements
RJC Job No. 0223
Dear Lloyd,
Exh.4MA
r
This letter is to submit our additional fee for professional services related to the increase in scope
and cost for the Corona Del Mar State Beach improvements project. The fee and scope of work is
as follows:
1. Add -on #1: Parking Lot Improvements, $219,385 approved by council on 718103.
Fee at 9.7% of construction cost: $ 21.300.00
2. Basic Scope construction budget increased from $1,200,000 to $1,992,848. Approved by
council on 718103.
Fee at 9.7% of construction cost: $ 50,200.00
3. Preparation of additionallunforeseen presentation material during schematic design
phase. (Approx 40 hours) NOT INCLUDED 3800:99
TOTAL $ 71,500.00
The construction value for the project has been increased by approximately 60% again. In order
to meet the requirements of the City, we believe that we can complete the project, including the
additional scope for $214,500.00
Please feel free if you have any questions on this revised proposal.
Sincerely,
R bins Jor'ense Christopher, Inc,
oberta n FAIA
President
Accepted by:
City of Newport Beach Date
2800 EAEAYEiiE
NE.'a Ri BEACH.
CAl60Rwa 92663 �ii�p�,i:
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PH. 9a9 566.0080
EA% 949 566.0082
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