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HomeMy WebLinkAbout18 - 04BA-075 - C-3633 - Newport Village Park DesignCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: NEWPORT VILLAGE PARK DESIGN, CONTRACT NO. 3633 — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. RECOMMENDATIONS 1. Approve a budget amendment in the amount of $8,950 from the Unappropriated General Fund balance, 010 -3605, to Newport Village Park Design, 7015 - C4120656. 2. Approve a Professional Services Agreement with Hall & Foreman, Inc., of Irvine, California, for planning and design services at a contract price of $128,950 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION Based on a concept plan prepared by Stop Polluting our Newport (SPON), a project is proposed to create a parking area and passive recreation area, along with a restored riparian- habitat area, in the parcel behind the Central Library bounded by Avocado Avenue, San Miguel Drive and MacArthur Boulevard. The parking lot would be excavated to accommodate at least 80 vehicles to serve the library and the passive recreation area. Access would be taken from Avocado Avenue. The passive recreation area of the park will consist of walkways, lighting, miscellaneous structures (benches, trellis pergola, turf amphitheater, seat walls and signage), landscaping and lawn. The riparian- habitat restoration area of the park will protect the existing native plants and streambeds, modify existing drainage facilities to blend into the natural environment, plant additional California native plants and construct walkways. The plant palate will be biased in favor of coastal sage revegetation, native grassland and wildflower groundcover, and other native plant species. Under this contract, construction drawings will be taken to the 65% complete stage. The drawings will look complete and can be used as an exhibit for soliciting grant funding. Depending on the availability of funds, the three parts of the project may be constructed as separate projects. Five consulting firms were invited to submit proposals to provide planning and design services. Only Hall and Foreman responded to the City's request for proposals. The proposal was reviewed to evaluate the firm's qualifications and approach to this project. SUBJECT: Newport Village Park Conceptual Design — Approval of Professional Services Agreement with Hall & Foreman June 22, 2004 Page 2 Staff was impressed with the proposal and negotiated with Hall and Foreman to provide the necessary scope of services for a fee of $128,950. Hall and Foreman has completed planning and design services competently and professionally on similar projects for other- local agencies in Southern California. Hall and Forman's professional services will include: 1. Performing a topographic survey. 2. Preparing a biological assessment focusing on the potential for continued occurrence of special status species (California gnatcatcher, raptors and sensitive plant species, including Coulter's saltbrush and vernal barley) noted in the 1998 biological surveys conducted by Robert Hamilton. 3. Performing subsurface investigation and laboratory testing. 4. Performing a percolation test to provide input for the proposed parking lot to serve as a storm water runoff water quality best management practice. 5. Preparing an agency jurisdictional delineation of the site. 6. Developing two parking lot alternatives. 7. Developing a park site design based on the concept plans prepared for The Irvine Company by EPT and SPON. 8. Preparing design drawings to the '65 percent' complete level with cost estimate. Final construction documents, permits and environmental approvals are not a part of this contract. Funding Availability: The FY 03 -04 budget allotted $120,000.00 for this project. Upon approval of the recommended Budget Amendment for $8,950.00, funding for this project will be available in the following account: Account Description Account Number Amount General Fund 7015- C4120656 $128,950.00 Environmental Review: Under this contract, Hall and Foreman will perform a jurisdictional delineation to determine if development of the Newport Village Park will fall under the jurisdiction of the US Army Corps of Engineers, California Department of Fish and Game or the Regional Water Quality Control Board. Preparing the environmental clearance documents are not a part of this contract. If this project proceeds to final design under a separate contract, the environmental review and permit processing with the jurisdictional agencies will be included in the consultant's scope of work. Prepared by: Robert Stein, P. E. Principal Civil Engineer Attachment: Professional Services Agreement Budget Amendment Submitted by: Stephen G. B6ddK Public Works Director PROFESSIONAL SERVICES AGREEMENT WITH HALL AND FOREMAN, INC. FOR NEWPORT VILLAGE PARK DESIGN THIS AGREEMENT is made and entered into as of this day of 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and HALL & FORMAN, INC., whose address is 420 Exchange, Suite 100, Irvine, California, 92602 ( "Consultant "), and 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 design the proposed Newport Village Park. C. City desires to engage Consultant to design a 12 -acre, passive use park site and a parking lot that will serve both the proposed park and the existing library. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be D. Todd Schmieder, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 31 st day of December, 2006 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty -eight Thousand, Eight Hundred Fifty and 00/100 ($128,950.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Todd Schmieder to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. it Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized M representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work In promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 approval for 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 means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. mature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. fi D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. II ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty 1J 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. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 9 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) 10 years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. 2.3. WITHHOLDINGS City may withhold payment to Consultant 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 as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any 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. 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 immediate termination of this Agreement by City. Consultant shall indemnify and hold 11 harmless City for any and all claims for damages resulting from Consultants violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, 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: Attn: Bob Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: D. Todd Schmieder, P.E. Hall & Forman, Inc. 420 Exchange, Suite 100 Irvine, CA 92602 Phone: 949 - 665 -4500 Fax: 949 - 665 -4501 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily 12 performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. iBi 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney, for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation BE Mayor for the City of Newport Beach HALL $ FORMAN, INC.: 22 Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\ users \pbw\shared\agreements \fy 03 -04 \hall- foreman - newport village design.doc `V 11 17M 1 Engineering • Surveying • Planning • Landscape Architecture EXHIBIT "A" June 7, 2004 Mr. Bill Patapoff City Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Proposal to Provide Engineering Consultant Services for the City of Newport Beach Village Park Dear Mr. Patapoff: 04319 -000 Hall & Foreman, Inc. (HFI) is pleased to submit our proposal to the City of Newport Beach to provide engineering consultant services for the City of Newport Beach Village Park project located behind the Central Library on Avocado Avenue. Selecting the Hall & Foreman, Inc. (HFI) team enables the City to rely on an experienced, full - service project team that has an extensive background in park landscape design, and parking lot design. This proposal eliminates the "Optional Services" defined as Phase 2 -b (Final Design Services) and Phase 3 (Environmental Services) from the Scope of Services per the discussion with Bob Stein in your office. The items discussed with the City on May 18, 2004 and separates final design into two phases (Phase 2 -a and Phase 2 -b). The Phase 2 -b Final Design Services and the environmental process (including the resource agency permitting process) are identified as "Optional Services" and maybe deferred by the City from the initial authorization for HFI 's consultant services. The design components included in Phase 1 and Phase 2 -a are described in detail in the Scope of Services attached hereto. HFI's Project Assumptions and Scope of Services and Fee Proposal have also been included in the attached Scope of Services. Also attached hereto are the Schedule of Hourly Billing Rates used to prepare our proposal and a Labor / Fee Matrix used to develop our fee proposal for this project. As previously discussed with the City, Mr. D. Todd Schnieder, P.E. (Project Director) will be responsible for HFI's services provided to the City and will oversee HFI's civil engineering design and subconsultants' efforts for this project. Mr. Jess Harris will serve as the project's Landscape Senior Project Director and will be responsible for finalizing the park aesthetic concepts and oversee the preparation of the landscape improvement plans. Irvine Rancho Cucamonga Chatewotlh Temecula 420 Exchange, Suite 100 9130 Anaheim Place. Sure 120 9310 Topanga Canyon Blvd., Suite =DA 43513 Ridge Pak Drive Irvine, CA 92602.1301 Rancho Cucamonga, CA 91730.5465 Chatsworth. CA 91311.5726 Temecula. DA 92590 -3690 Tel 714.665.4500 Tel 909.486.9090 Tel 61e.407.9407 Tel 909.676.6726 Fax 714.665.4501 Fax 909.684:9086 Fax 816.407.9400 Fax 909.699.0896 Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 2 of 15 HFI's subconsultants, Michael Brandman Associates (MBA) will provide the Biological Assessment and Jurisdictional Delineation Report for the park site and the geotechnical firm of Diaz - Yourman & Associates (DYA) will prepare the site's geotechnical investigation report if existing site information (developed for the library construction) is not available. As part of HFI's field surveying services (Phase IA), one -foot contour base aerial mapping will be provided by Arrowhead Mapping Services. HFI has reviewed the City of Newport Beach's Professional Services Agreement (PSA) and has agreed to the intent of the contract. However, we request that Section 4.4 [Optional Provision] be excluded from our agreement due to the potential phasing of our consultant services to the City. It is assume that the schedule for this project is subject to change as the aesthetic review process for the park unfolds. However, prior to starting the 65% Design Services the project's schedule will be revised with the City. Attached hereto is an updated project schedule (per the City's request), which has been developed based on HFI's original project schedule. It is HFI's intention is to be a proactive extension of City of Newport Beach staff and act as the City's advisor and advocate while working in the City and community's best interest while the park design is prepared. HFI is proposing to provide the engineering consultant services as described in the attached Scope of Services for a fix fee of $128,950. If you have any questions, please do not hesitate to contact me directly at 714 - 665 -4541. Sincerely, Hall & Foreman, Inc. D. Todd Schmieder, P.E. Project Director /Associate cc: Jon Bourgeois, Jess Harris — HFI S \043191Admin \Contracts\Rer Proposal \'3 \NBVP Revised Proposal 6- 7- 04.doc Mr. Bill Patapoff City of Newport Beach May 27. 2004 Page 3 of 15 SCOPE OF SERVICES for the City of Newport Beach Village Park INTRODUCTION The proposed Newport Village Park offers the City of Newport Beach a unique opportunity to create an exciting park design in a captivating location. Few cities have such park opportunities with ocean vistas, a riparian corridor, interesting topography, adjacent to a public library, and located in a highly visible and accessible location. Because of these components, the Newport Village Park will be an important statement for the City. Hall &- Foreman, Inc. 's (HFI's) goal is to work together with the City staff, City officials and community as a whole to develop solutions that create a memorable and timeless park design, one that takes advantage of the unique features and opportunities of the site. PROJECT UNDERSTANDING HFI's proposal for the Newport Village Park is based on the understanding of the site constraints and opportunities for providing the City with a 12 -acre, passive use park site and a 100 to 120 space parking lot that will serve both the proposed park and existing library. Early concept plans for the park show a meandering trail system, a lawn/grass area, restored habitat areas and a proposed amphitheater. The existing slope between the library and proposed park area will create significant design constraints for providing ADA access from the park and library depending on the final parking lot location. The proposed park site is cimently graded into four areas with the northern portion divided by small drainage spines and the southern portion is divided by an existing site high point and graded slopes. The biological surveys conducted in 1998 by Robert Hamilton indicate that the Newport Village Park site contains a number of diverse habitat types that may support special status plant and wildlife species. The existing library is located at the toe of an approximately twenty -foot tall embankment slope. Residential properties are located east of MacArthur Boulevard and will overlook the park site and parking lot. An existing driveway off of Avocado Avenue provides access to the library's loading dock. This service access will have to be maintained and incorporated into the final parking lot designed for the project. The City has elected to eliminate a proposed amphitheater that was included in the early park concept plans. It is the City's intent to proceed with a phased design process for the proposed park and eliminate the preliminary design process described in the City's Request for Proposals. The previous park concept plans will serve as a starting point for HFI's design efforts. S: \04;19'` -Admin \Contr3cts \Rev Proposal Vi VdBVP Revised Proposal 6- 7- 04.doc ti`i5}t's` 9;£Ks E* � IL ME' E. Mr. Bill Patapoff City of Newport Beach May 27. 2004 Page 4 of 15 PROJECT APPROACH As part of the final design process for the park, the park's parking lot layout and aesthetic treatments will be established with City staff members. To accomplish this during the design process HFI is proposing to provide consultant services to the City of Newport Beach in two phases. Phase 1 will consist of working with City staff to establish the park's aesthetic treatment requirements, including identification of materials, plant types, and site features to create a visual theme for the park. During this park concept development stage, the park's preferred parking lot layout (based on developing a maximum of two parking lot configuration alternatives, using the existing access driveway off of Avocado Avenue, for review by City staff) and overlook sitting area layout will be finalized. Field survey and base mapping will occur during this phase. During this first phase, the concept of a "Park - within -a- Park "to potentially create private funding opportunities for the parks construction will be presented to City staff for consideration and incorporation into the project's final design plans. At the initiation of our Phase 1 services, environmental biological assessment and jurisdictional delineation of habitat areas will be completed to determine the area and quality of onsite habitats, as well as the location of any sensitive plant and wildlife species to be preserved. These activities will assist the City x.id the project team in the development of the vision for the proposed park's final site plan and trail layout. The goal of these efforts will be to minimize impacts to sensitive or high quality habitats to the extent possible, through avoidance or different engineering practices, while targeting areas not be impacted by passive park activities as well as provide the greatest public education opportunities. At the completion of Phase 1; a preferred park site plan would be developed. The park site plan will need to address various considerations including educational experience, park functionality. ADA access, budget, and maintenance and incorporate any program requirements (e.g. walkway surface treatments, parking lot lighting; benches, pergola, seatwalls, signage, landscaping, park- and informational signage and surface drainage pattems). At the completion of Phase 1, a conceptual construction cost estimate will be prepared. The preparation of imagery boards and presentation materials depicting the park's proposed aesthetic treatments to present the park's aesthetic treatment and final site plan to the city review committees/ commissions, to City Council and to the community is not included in Phases 1 or 2. 5:104319AdrnWContractsURer Proposal 113U-'13VP Revised Proposal 6- 7- 04.d0c 1: _ Mr. Bill Patapoff City of NevAport Beach May 27, 2004 Page 5 of 15 Final Design Services have been separated into to sub - phases (Phase 2 -a, which is included as part of our services to the City, and Phase 2 -b, which are services not included in this proposal). Phase 2 -a design services includes the preparation of "65 Percent" plans. The design services to complete the final design plans and prepare the construction bid documents for the proposed park are consider to be Phase 2 -b Final Design Services and have not been included in our fee proposal. The Phase 2 -a 65% Design Services accommodates some minor corrections to the design plans, but does not include significant revisions to the hardscape features and park layout, parking lot configuration; retaining wall layout, lighting systems, park landscaping; and design details for construction materials and plant types. HFI will provide preliminary construction cost estimates as part of our Phase I and Phase 2 -a design services. It is assumed that the ultimate park improvements will include the following elements and features: A. Parkin- lot for 100 to 120 vehicles, B. Parking lot safety lighting, C. ADA accessible walkways andlor trails, D. Retaining walls, E. Trellis structure for an overlook sitting area, F. Picnic tables and sitting areas, G. AC, concrete and /or decomposed granite trails and walkways, H. Signage for the park entry, educational areas and trails, I. Park furniture (benches, trash receptacles, drinking fountains, etc.), J. Themed landscape treatment for public use areas, and R. Fully automatic irrigation system Restoration of habitat areas is not a part of the current park improvement program. At this time it is not known if the City intends to provide restrooms for the park. In developing HFI's fee proposal, the design of restroom structures has not been included. If the City elects to provide restrooms facilities onsite, HFI will submit a proposal to the City for these additional services. The environment approval and permitting processes (previously described as Phase ; in HFI's May 27, 2004 Restructured Proposal) are not included in this proposal. In addition, design services not included in Phase 1 and Phase 2 -a are described in the follow Scope of services section. S 904319',Admin \Contra.ts \Rev Proposal V3 \NBVP Revised Proposal 6- 7- 94.doc ; ', .`` '_ ,.1 iAiZi. l'rrz Mr. Bill Patapoff City of Newport Beach May 27. 2004 Page 6 of 15 SCOPE OF SERVICES The following provides a description of the consultant engineering services to be included in Phases 1 and 2 of HFI's services to the City of Newport Beach. Phase 1 (Park Aesthetics and Final Site Plan) will consist of the environmental assessment and mapping tasks, coordination with city staff to determine the final parking lot layout, establishment of the park's aesthetic treatments (that will establish the park's character) and development of a preferred park layout concept to guide final design. During this phase an "Aesthetic Concepts Review Meeting" will be held with City staff to establish the final park landscape and material treatments and identify the final parking lot and park layout. Phase 2 -a (65% Design Services) will include the preparation of the geotechnical investigations (if necessary) and the preparation of the design plans for the proposed park as described herein. The design plans will be taken to a "65 Percent" complete level of design during this phase. The following Design Services are not a part of Phase 2 -a (65% Design Services): 1. The City Review Process for the 659io Design precise grading plans and details (including the title sheet, retaining wall layout and typical sections, and parking lot design); 2. The City Review Process for the 65% Design landscape planting and constructions plans and details; .3 Preparation of retaining wall profile(s) and retaining wall details; 4. Preparation of landscape irrigation plans and details; 5. Issuance of final utility notices and final design coordination with utility companies for services (water and electrical); 6. Preparation of the construction specifications; 7. Preparation of the final construction cost estimate; 8. Preparation of presentation material, final image boards and exhibits for City commission and council meetings; 9. Attendance at PB &R Commission, City Council and community group meetings; 10. Preparation of the project's NTOI and SWPPP; 11. Final Plan review and approval for all Construction Documents. Phase 3 (Environmental Approvals and Permitting) includes the majority of the project's environmental process. This phase includes the preparation of a mitigated negative declaration for the project's environmental document and obtaining regulatory agencies' permits. This Phase is also identified as "Optional Services" and will be subject to a future authorization of the services by the City. The following pages provides a detail description of the consultant services that have been included in this proposal to the City of Newport Beach for Phases 1 and 2 -a only: SA04319V drain \Convacrs \Rev Proposal V3WBVP Revised Proposal 6- 7- 04.doc f r p Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 7 of 15 PHASE 1— Park Aesthetics and Final Site Plan Preparation In this phase, the park's aesthetic treatments will be defined. and a final site plan for the proposed park conceptual layout will be developed based on City staff input and direction. No meetings with City committees. commissions, the City Council and community groups are included. A significant effort is anticipated to during this phase to finalize the improvements for the park as well as establish the park's aesthetic and visual treatments (plant and material requirements_ site features and the general layout on park amenities) that will create the parks image. During this first design phase, a maximum of two parking lot alternatives will be investigated at the rear of the library building that aesthetically and functionally work with the library and passive recreational use of the proposed park. A single park layout plan will also be prepared. The ADA access requirements between the parking lot, the park, and the library will be investigated to help define the overall park layout and grading requirements. Activities included in Phase 1 are as follows: Task 1A: Data Gathering and Topographic Survey HFI will attend a kickoff meeting with the City to confirm design intent and document preparation requirements. Research and obtain City, County, other agency and utility record information. Review historical topographic information. Provide aerial topography mapping with one -foot contours and obtain design survey information for the existing improvements. Task 1B: Biological Assessment MBA will conduct a biological assessment consisting of a review of existing information and field survey to document existing conditions. The assessment will focus on the potential for continued occurrence of special status species that were noted in the 1998 biological surveys conducted by Robert Hamilton: California gnatcatcher, raptors and sensitive plant species, including Coulter's saltbrush and vernal barley. The potential presence of any special status plant or animal or sensitive habitat will be mapped and documented using GPS. A vegetation/habitat map of the site will be created using GIS. The potential presence of federal and state listed species, including species of special concern, as well as other sensitive species potentially occurring in the area (e.g., California Native Plant Society listed plants) will be noted by habitat location within the project boundaries. MBA will prepare a Biological Resources Assessment Report documenting biological resources found onsite, potential constraints and /or opportunities associated with them, and suggested mitigation measures, including additional biological studies (e.g., focused biological surveys) for identified impacts for your use. S' \04?l9VodminlContracts \Rev Proposal V3MVP Revised Proposal 6- 7- 04.doc o sfa ,Vrk._ 1 t,fMi ` 71 RT Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 8 of 15 This assessment, as well as the environmental process in general, will begin during first design phase of this project to assist in the development of the park uses and concept layouts as well as the parking lot alternative location study. Task 1C: Formal Jurisdictional Delineation According to the 1998 biological survey reports, conducted by Robert Hamilton, the Newport Village Park site contains several features, including two seasonal ponds, a seasonally wet swale, and two perennial drainages, which may be under the jurisdiction of the USACE and/or CDFG. A jurisdictional delineation will be performed by MBA to quantify the existing wetlands and riparian areas present within the project site. The jurisdictions of the U.S. Army Corps of Engineers (USAGE) and the California Department of Fish and Game (CDFG) will be identified and delineated based on a two - phased approach. The USACE jurisdiction will be determined in the field using the presence of an ordinary high water mark and the methodology in the USACE 1987 wetland delineation manual. This methodology requires that a jurisdictional wetland must contain hydrophytic vegetation, hydric soils, and appropriate hydrology. CDFG jurisdiction will be determined by the presence of hydrophytic vegetation, the location of a definable bed and bank, and the presence of associated wildlife or fish resources. The limits of jurisdiction will be mapped at an appropriate scale. Civil surveys of any delineated areas are not covered in this scope of work. A stand -alone jurisdictional delineation report will be prepared describing baseline conditions and analysis of potential temporary and permanent project impacts on each jurisdictional feature based on a provided site plan. The report will include methods, results, and an exhibit depicting the approximate size and location of all jurisdictional areas. The report will be consistent with the requirements of USACE and CDFG. Copies of field data sheets will be included. The report will describe delineation methodology, jurisdictional areas of the site, and impacts from site development. The report will provide the necessary documentation for developing and processing permits under Section 401 and 404 of the Clean Water Act and Section 1602 of the California Fish and Game Code. The report will provide information on probable 404 permit type (Nationwide vs. Individual Permit) and time frames for acquiring permits. A draft jurisdictional delineation report will be submitted to the City. Based on one set of review comments from the City, a final report will be prepared. (Note: Tasks I B and I C will also help assist in defining the final environmental requirements for the project when the city elects to proceed with the final environmental clearances for the proposed park.) Task 11): Parking Lot Analysis Develop and evaluale two alternatives for a proposed parking area. The first alternative will consider placing the parking lot site at -grade with the existing library loading dock area located at the rear of the library. Access to the parking lot would be obtained from Avocado Avenue at the current driveway entrance for the library's loading dock access driveway. The second S : \04319\AdmimCororacts \Rev Proposal V3WBVP Revised Proposal 6- 7- 04.doc ;i gvS tr_ ` 1 w' Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 9 of 15 alternative will consider either a tiered parking lot configuration or a lot at the top of slope and consider potential access from MacArthur Boulevard and /or Avocado Avenue. The target number of total parking spaces for the project is 100 to 120 spaces. ADA accessibility from the library to the parking area will be required. Landscaping buffers will be considered to soften the visual impact of the parking area and safety lighting. HFI will provide a recommendation on a preferred parking lot alternative based on vehicular accessibility, ADA accessibility, the number of parking spaces, impacts to the park area and aesthetics. A conceptual cost estimate will be developed for the preferred parking lot alternative. Task IE: Park Site Plan Design Analysis HFI will review the concept plans prepared by EPT and SPGN to help guide in the development of a final site plan for the park. The passive recreation area of the park will consist of walkways, lighting. miscellaneous structures (benches, trellis pergola, turf amphitheater, seat walls and signage), landscaping and lawn. The riparian - habitat restoration area of the park will protect the existing native plants and stream beds, modify existing drainage facilities to blend into the natural environment, plant additional California native plants and construct walkways. The plant palette will be biased in favor of coastal sage revegetation, native grassland and wildflower groundcover, and other native plant species. HFI will also prepare a list of planning items that must be addressed and/or approved by the City in order to finalize the Phase 2 Final Design plans, specifications and construction cost estimates. HFI will meet with City staff and the Park Development Committee and designate each task as an action item. HFI will provide conceptual cost estimates for the different options under consideration. Task 1F: Aesthetic Design Review Meeting During this task an Aesthetic Concept Review Meeting will be held with City staff members to select the park's planting and material requirements, finalize the park's parking lot configuration, establish a safety lighting program for the parking lot, and finalize the overall site plan for the proposed City park. Follow -up coordination with key City staff members to finalize key elements of the park design and visual imagery as well as to finalize the park's site plan, after the Aesthetic Review Meeting, have been included in Task 1 G "Project Meetings, Coordination and Management ". This task will include the development of presentation exhibits (photo images of key park elements) in draft form for review with City staff at the Aesthetic Design Review Meeting to help select the visual imagery for the park. Based on the outcome of this review meeting; a final colored site plan will be developed to provide direction to the design team during the preparation of the final design plans for the park. The preparation of final imagery boards is not included in this proposal. S ?,04319�Admin\Contracts\Rev Proposal V3MBVP Revised Proposal 6- 7- 04.doc T. _ r"W_VIM r ;,)Q its �,� ,.. L Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 10 of 15 Task 1G: Project Meetings, Coordination and Management We have assumed a maximum of 40 labor -hours for project meetings in this first Phase. This is based on an anticipated four project meetings consisting of eight hours per meeting (assuming two attendees from the HFI Project Team). Included in this time will be meeting preparation time and the preparation of meeting notes. An additional eight hours is provided for coordination to set up these project meetings and provide a small contingency for this task. These four meetings include the Kick -off meeting, two project coordination meetings with the City's Project Manager and other key City staff members, and the Aesthetic Design Review Meeting. Eight labor -hours for the Aesthetic Design Review Meeting have been included in this Task. Additional meetings requested by the City during this phase will be considered as additional services. In addition to the project meetings, we have estimated a budget of 40 labor hours that have been reserved for general project coordination with various city staff departments and project team members and for general project management services. This effort also includes HFI team member review of the Phase 1 project deliverables. PHASE 2 -a: 65% Resign Services After completion of the final site plan in Phase 1, HFI will proceed with the preparation of the design documents. Based on discussion with the City Engineer, the final design plans will be taken to a "65 Percent" complete level (Phase 2 -a). Specific activities included in Phase 2 -a are as follows: Task 2A: Geotechnical Investigation The proposed grading for the project will be near the existing grades, except for the parking area (which may be as deep as fifteen to twenty feet below the adjacent park grades) and ADA access trail between the park and library (which will requiring retaining wall structures). Assuming that existing information is not available or sufficient for the proposed park site, the following is the detailed scope of services for geotechnical investigation services to be provided by DYA for the Newport Beach Village Park: • Subtask 2A.1: Pcrmitting/Data Review Review the project plans and geotechnical information provided for the subject project; contact Underground Service Alert (USA) to check boring locations for underground utilities. (Duration one week) • Subtask 2A.2: Subsurface Investigation Drill 7 borings: one 25 feet deep, one 10 feet deep, and five 5 feet deep borings, for a total of 60 feet. (Duration one week) S: \04319'•.ndminiContraas \Rey Proposal V3\N'BVP Revised Proposal 6- 7- 04.doc - Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 11 of 15 • Subtask 2A.3: Laboratory Testing Perform 15 moisture content/dry density, 10 particle size analysis or Atterberg limits, four (4) shear strength, one (1) compaction, one (1) corrosion, and one (1) R -value tests. (Duration two weeks) Subtask 2A.4: Analysis & Reporting Provide a report with conclusions and recommendations regarding: seismic hazards based on published maps, earthwork/grading, shallow foundation bearing capacity and settlement, slope stability, lateral earth pressures, corrosion potential, Portland cement concrete pavement thickness, and asphalt concrete pavement thickness. (Duration two to three weeks for a total of six weeks) • Subtask 2A.5: Permeability Test Perform a percolation test to provide input for the proposed parking lot to serve as a storm water runoff water quality best management practice. The fee for this testing is based on the work being completed currently with the rest of the Geotechnical Services completed under Task 2A and assumes a single test to be taken on -site. Task 2B: Utility Coordination As part of our Phase 2 -a services, HFI will contact all potentially affected utility agencies and companies and provide correspondence records to the City. This effort will include coordination of the potential points of connection for water and electrical services. A summarv- tracking table will be prepared listing all contacts made. At this time, HFI knows of no significant utility conflicts that could impact the design for the park. Services not included in Phase 2 -a are the issuance of final utility notices, transmittal of construction plans to various utility companies and coordination with the utilities for final connection approvals for water and electrical services. Task 2C: Drawings, Specifications and Cost Estimate Based upon the City - approved final site plan, HFI will prepare 65% design plans and develop a preliminary estimate of the potential cost for construction of the proposed park improvements. Specific activities include in Phase 2 -a are the following: Subtask 2C.1: Park Grading Plans and Details — Construction plans shall be prepared to locate, dimension and identify the retaining walls, parking lot, safety lighting, trails and walkways. These plans shall be prepared at 1 " =20' scale. One overall site plan, and three grading plan sheets are anticipated. Two detail sheets have been assumed for the civil portion of the project improvements. A title sheet for the project plans will also be prepared. A separate plan for parking lot signing and striping will not be developed and details will be provided to depict striping for standard and handicapped parking stalls. A horizontal control plan may be prepared if necessarv. The City's review process and corrections to the plans are not included in the Phase 2 -a services. S: \04319\Admin \Comrans \Rev Proposal V3WBVP Revised Proposal 6- 7- 04.doc .;_. -,r M' �, UKE Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 12 of 15 Since grading of the site is focused on the parking lot, walkways and trails, drainage design is assumed to consist mainly of minor surface improvements. The preparation of a detailed hydrology and hydraulic analysis and drainage report has not been included in our proposal fee. If, during design, a new storm drain system becomes necessary, HFI will submit a separate proposal for the additional services. Subtask 2C.2: Retaining Wall Layout and Typical Section — Proposed retaining wall locations will be identified on the precise grading plans (500 feet of retaining wall has been assumed). Small garden walls (less than three feet of exposed wall) will be shown in plan view only on the precise grading plan for the park. The preparation of retaining wall profiles and construction details are not been included in Phase 2 -a. In addition. the City's review process and corrections to the plans are not included in the Phase 2 -a services. Subtask 2C.3: Landscape Construction Plan and Details — Design plans shall be prepared to locate, dimension and identify the outdoor amphitheater, trellis structure, parking lot, concrete walkways, picnic tables, monument signage and park furniture. These plans shall be prepared at l " =20' scale and conform to the City of Newport Beach's standards. Legends, notes and construction details at varying scales shall also be prepared. Three plan sheets and two detail sheets have been assumed. The City's review process and corrections to the plans are not included in the Phase 2 -a sen'ices. • Subtask 2CA: Landscape Irrigation Plan and Details - Not Included Subtask 2C.5: Landscape Planting Plan and Details — Planting plans shall be prepared showing locations of trees, shrubs, vines, ground covers and turf areas shown on the approved preliminary plans. These plans shall be prepared at 1 " =20' scale and conform to the City of Newport Beach's standards. Legends. notes and details shall also be prepared. Three plan sheets and two detail sheets have been assumed. The City's review process and corrections to the plans are not included in the Phase 2 -a services. Subtask 2C.6: Erosion Control / NOI / SWPPP — Not Included • Subtask 2C.7: Construction Specifications — Not Included. • Subtask 2C.8: Opinion of Probable Construction Costs —A preliminary estimate of the potential cost for construction of the proposed park improvements will be prepared ;br this project using current construction costs for similar projects. S: \043l0\Admin \Contracts\Re% Proposal VS \NBVP Revised Proposal 6 -7 -04 doc a Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 13 of 15 • Subtask 2C.9: City Review Comments and Corrections — Not Included. However, correction of design errors and omissions made by HFI will be addressed at our expense. Task 21): Project Meetings, Coordination and Management During the final design phase, project team meetings with City staff are assumed to be held approximately once a month and a maximum of 3 project meetings have been assumed to occur in Phase 2a. Our fee proposal is based on four hours per meeting which includes meeting preparation time, attendance by one HFI team member and the preparation of meeting minutes. In addition. four hours has been budgeted for attendance at one or two project meetings by HFI's Landscape Design Manager. Finally, an additional four labor hours is included for miscellaneous support and coordination of the meeting schedule and to provide a small contingency for this task. A total of twenty labor -hours have been established for project team meetings in Phase 2 -a. An additional 28 labor -hours have been reserved for Phase 2a project coordination and management services. Task 2E: City Committee /Commission Meetings — Not Included Services Not Included In addition to services excluded from this Scope of Services described above, the following- Consultant Services are also not included in our Scope of Services and fee proposal, but can be provided for as additional services on a lump sum or hourly basis, if requested by the City: • Design of water features, i.e. lakes, ponds, fountains. etc. • Perspective renderings. • Preparation of front -end bid documents (by others). • Landscape architectural plans, beyond limits of project described above. • Restroom facilities / building structures • Construction management, administration. observation. inspection, testing and staking. • Major changes to design by the City after commencement of work in Phase. 2a. • Attendance at additional meetings, workshops or site visits beyond those listed in the Scope of Services In addition, the scope of the geotechnical investigation services specifically excludes any investigation needed to evaluate the presence or absence of hazardous or toxic materials at the site in the soil, surface water, or groundwater. S:%04319`Admin \Contracts \Rev Proposal V3\t\'BVP Re\ ised Proposal 6- 7- 04.doc r . r :V Mr. Bill Patapoff City of Newport Bezch May 27, 2004 Page 14 of 15 PROJECT SCHEDULE A new schedule for the project has been provided based on HFI's understanding of the Phase la (Field Survey and Base Mapping) and Phase 2 -a (65% Design Services) and a "best- estimate' of the schedule requirements for the Phase 1 (Park Aesthetics and Final Site Plan) services. A further refinement of this project schedule is assumed to occur based on input received from the City at the project's :Nick -off Meeting. ADDITIONAL RECOMMENDATIONS HFI is proposing a design option for the project's parking lot structural section to potentially provide an on -site storm water Best Management Practice (BMP) feature that will function as a filtration system to collect gas, oils and grease deposited on the parking lot surface as well as an aesthetic element for the park. Our Scope of Services for Phase 2 -a and Fee Proposal incorporates this recommendation as part of our design services for this project. HFI has recently assisted the City of Tustin in developing a filtration system for their Pioneer Road Park parking lot. The structural section consisted of porous paving stones placed over a permeable subbase material. Underlying the subbase is a layer of filter fabric. For the City of Tustin project it was determined that the subgrade would not provide a desired level of infiltration/permeability due to the clay content of the underlying soils. An underdrain system was developed to discharge filter storm water into a local storm drain system. Excluding the underdrain system, the proposed permeable structural section cost about the same as the cost to construct a typical AC paved parking lot. The City of Tustin parking lot provides parking for approximately 20 vehicles and the structural section was designed to accommodate emergency vehicles and trash trucks. The City of Palm Desert has recently constructed a parking lot for the Living Desert Zoo and Gardens that is based on a similar porous pavement structural section but on a much larger scale than the City of Tustin's parking lot parking. The Living Desert lot will accommodate 700 vehicles and tour buses. Although the City of Tustin used paint to delineate parking and handicapped access stalls, Palm Desert used colored paving stones are use to delineate parking stall lines, handicapped parking spaces (and symbols) and the ADA accessible paths of travel through the parking lot. For ADA access, different type and color of paving stones were used. The Palm Desert proiect also incorporates an underground irrigation system to encourage tree roots to grow below the pavement structural section to minimize root disturbance of the pavement section. As part of the Geotechnical Investigation services (Subtask 2A.5 Permeability Test), a percolation test will be conducted for the proposed parking lot site. The cost for this testing is based on taking a single test to be completed at the same time with the project's other S :�04319'vldmin \Contracts\Rev Proposal V3`dd13VP Revised Proposal 6- 7- 04.doc ................ °.... I z° 'IYJ a I i O.3 S C -13 3 le I� J ^I � v � g J 2 �) O V o 3� ca O Ia Ii0 n 0 a Z5 0 a 0 a 8 0 a 0 a a 6 0 a n 0 a 0 a a 0 a ;z 0 a 0 a m 0 a ila 0 a � m m 0 s o m m 0 n 0 m p, " � LL • Z G C� :� ' LL IL lL LL LL LL LL LL LL LL LL "' tL LL LL 4L V. y. � LL LL LL LL IL LL ' g O °z vi v m N � � " � � � � N 24 O _ N '- � I c U s m Z!9 q - c W mm O y E c OM o y o p - a m a ry 'm E Uo c m; d a t �_ m °- c o op °' U c c i m r m c c m m - v m c 2 LLE m Z a Y LL O'rn m¢o oy oa H� ��' nm om2� mE r�`m= •N�vvd oo man ac m- R. Eoa o E ¢in iZ¢ Ufn So. ow v>3 'u U o.o aU aU o.w U? t �I� C � I �! ! Mr. Bill Patapoff City of Newport Beach May 27, 2004 Page 15 of 15 geotechnical testing activities. The fee for this test has been included in Phase 2 -a of our Fee Proposal as a Direct Cost — Subconsultant Expense. Other than the cost to complete a percolation test and prepare the summary report of the test results, there would be no other additional design fees associated with the incorporation of a porous pavement system as storm water BMP for the Newport Village Park. As part of the Phase 1 design services a cost estimate to implement this paving program for the City's project will be prepared for comparison to a more tradition parking lot surface. FEE PROPOSAL AND SCHEDULE OF HOURLY BILLING RATES The Fee Proposal and Schedule of Hourly Billing Rates provided on the following pages are based on the scope of services, project understanding, project approach and project assumptions presented herein. The proposed fee for HFFs services as described herein is $128;950. HFI is ready to proceed immediately with our services after receiving a notice to proceed. S; \04319',Admin \Contracts \Rev Proposal V3'd�BVP Revised Proposal 6- 7- 04.doc �_ ,. LL LL le! I I Rio-UM"IF �.o r rc O LL LL OFFICE: SURVEY: - Exhibit B Engineering • Surveying • Planning • Landscape Architecture SCHEDULE OF HOURLY BILLING RATES Effective April 28, 2004 Principal $185.00/Hour Sr. Project Director $160.00/Hour Project Director $150.00/Hour Project Manager $140.00/Hour Project Engineer/Project Surveyor $125.00/Hour Landscape Architect $135.00/Hour Planner $100.00/Hour Senior Designer $125.00/Hour Staff Engineer /Landscape Designer $110.00/Hour Entitlement Coordinator $100.00/Hour Designer $105.00/Hour Drafter $ 90.00 /Hour Sr. Inspector/Resident Engineer $115.00/Hour Inspector $105.00/Hour Project Assistant $ 65.00 /Hour Expert Witness $275.00/Hour Survey Manager $140.00/Hour Survey Analyst $105.00/Hour 3 -Man Survey Crew $225.00/Hour 2 -Man Survey Crew $185.00/Hour 1 -Man Survey Crew $130.00/Hour Note 1: It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains unpaid on the sixty -first (61st) day after invoice date, a late fee in the form of 10 percent interest per annum will begin accruing and Consultant will stop work on this project. Ninety (90) days after invoice date Consultant will lien the property. Note 2: Client shall Fay the cost, plus 15 %, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in -house reproduction cost, plotting costs, mileage and delivery or messenger services incurred on Client's behalf. If requested, we will provide a computer printout which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation. Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be 1 -1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown. Note 5: The above Schedule of Hourly Billing Rates shall be adjusted on a yearly basis from the effective date as shown hereon. Note 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. F AJSERSTFIW\4hamd',C.nM- \FY 03- 04NEWPORT VILLAGE PARK C- 3633 \H &F SOWASCHEDULE OF HOURLY BILLING RATES.doc City of Newport Beach NO. BA- 04BA -075 BUDGET AMENDMENT 2003 -04 AMOUNT: $8,950.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund fund balance for the Newport Village Park Design, C -3633. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: �/ Signed: Signed Approval: Ad inistrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $8,950.00 * $8,950.00 Date e Date Date Description Division Number 7015 General Fund - Parks Account Number C4120656 Newport Village Park Design Division Number Account Number Division Number Account Number Division Number Account Number Signed: �/ Signed: Signed Approval: Ad inistrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $8,950.00 * $8,950.00 Date e Date Date City Of Newport Beach NO. BA- 04BA -0 5 �I BUDGET AMENDMENT 2003 -04 AMOUNT: $s,sso.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund fund balance for the Newport Village Park Desiqn, C -3633. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed Signed: H Approval: Administrative Services Director City M Signed: l City Council Approval: City Clerk Amount Debit Credit $8,950.00 * Date Date lG ?I aD� b Date Description Division Number 7015 General Fund - Parks Account Number C4120656 Newport Village Park Design Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed: H Approval: Administrative Services Director City M Signed: l City Council Approval: City Clerk Amount Debit Credit $8,950.00 * Date Date lG ?I aD� b Date