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PROFESSIONAL SERVICES AGREEMENT
WITH RJM DESIGN GROUP, INC. FOR
BONITA CREEK PARK SYNTHETIC TURF REPLACEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 2nd day of October, 2014 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and RJM DESIGN GROUP, INC., a California corporation ( "Consultant'), whose
address is 31591 Camino Capistrano, San Juan Capistrano, California 92675, 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 desires to engage Consultant to provide landscape architecture and civil
engineering services for the Bonita Creek Park Synthetic Turf Replacement
Project (`Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on December 31, 2015, 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 ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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
Sixteen Thousand Nine Hundred Seventy Five Dollars and 001100 ($116,975.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
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
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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
5.1 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 Larry P. Ryan 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee 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.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
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. 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. No
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civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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.
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 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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 co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
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power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. 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
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 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.
17.3 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;
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(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 the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
17.4 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tiff) 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.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's 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 consultant or contractor bids or actual cost to City.
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 expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services 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,
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expenditures and disbursements charged to City, for a minimum period of three (3)
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.
22. 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 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.
23. 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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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 harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of 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, postage prepaid, first -
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Anita Weaver
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 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
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such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily 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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 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.
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29.8 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.
29.9 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, State of California.
29.10 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, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITYAT�Y'S OFFICE
Date: U
By:
Aaron C. Harp
City Attorney
ATTEST:
Date: D. �1, q
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: L01'cA!::X.
�w
.
City Manager
CONSULTANT: RJM Design Group, Inc.,
a California W./frporation
Date: I p- j
Leilani 1. Brown Anita Weaver
City Clerk President
Date:
...
ORN1-
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
A. Scope of Services - Bonita Creek Park Synthetic Turf Replacement
The Consultant shall provide complete design services for the project in accordance
with the latest City- approved Standard Specifications for Public Works Construction
(which, as of this date is the 2009 Edition); and the City of Newport Beach Design
Criteria, Standard, Standard Special Provisions Standard Drawings (2004 Edition),
including supplements. Tasks include as a minimum:
1. Attend pre- design meeting prior to start of work.
2. Preparing a design schedule showing times of completion and milestones
for each task. Include at least six meetings of approximately one hour
duration and one public outreach presentation meeting approximately
three hours in duration.
3. Conducting extensive field reviews of existing facilities,
4. Verifying that the City provided as -built drawings match the existing as
constructed condition prior to construction drawings.
5. Preparing construction drawings using surveyed files including base map,
cross sections, soil and drainage analysis, improvement restoration
needed to construct the project, researching and providing synthetic turf
recommendations, including construction cost estimates and design of
adjacent areas to accommodate the project. All drawings shall be
transmitted on a CD to the City in AutoCAD 2010 or later 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, and original signed
and stamped mylar plans and specifications upon completion of the
project.
6. Providing the necessary requirements to City's on -call consultants
performing the geotechnical investigation and site surrey;
7. Providing construction document review.
8. Preparing complete contract documents using the City's standard
template documents, including general and special provisions, quantities,
proposals, and engineer's estimate. Construction cost estimates based
on recently completed local projects.
9. Preparing addenda to the specifications and drawings.
10. Assisting with construction scheduling, phasing considerations, quantifying
maintenance, and resource savings.
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11. All personnel shall be knowledgeable of, and comply with, all applicable
local, state, and federal regulations.
12. The consultant must be a licensed Landscape Architect and Civil Engineer
in the State of California, and licensed in any other disciplines required by
the project.
13. Previous professional work experience in the subject area or on similar
projects will be a heavily assessed in the selection process. Performance
on previous projects, ability to meet project schedules and budgets, and
experience in conducting similar services for public agencies will be some
of the attributes considered during the selection process.
14. Subconsulting is permitted, but subconsultants will perform their duties at
the direction of the Consultant. It is Consultant's responsibility to manage
all tasks performed by subconsultants.
B. Construction Engineering Assistance
When requested by the City, the Consultant shall be available for:
1. Attending pre -bid, pre- construction, construction coordination meetings
(assume biweekly meetings).
2. Reviewing and processing shop drawings, Requests for Information, and
other submittals.
3. Monitoring construction progress, inspecting site conditions, advising the
City with respect to the contractor's general conformance to drawings and
specifications, visiting the site, and providing field recommendations.
4. Revising the drawings and/or special provisions.
5. Preparing complete as -built drawings from information provided by the
City. Drawings shall be signed and sealed by a California licensed
landscape architect and/or the licensed professional for their respected
disciplines.
C. Progress Submittals
Progress submittals and /or meetings will be required prior to execution of the contract
documents. Milestone submittals are:
1. Project Schedule
2. Site Research
a. Inspect project boundaries,
b. Provide requirements for the geotechnical and survey investigation.
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3. Site Programming, Materials Selections, Project Planning
4. Design Package Deliverables
a. 65- percent design review. Consultant shall, as a minimum, submit
preliminary title sheet, plan sheets, including details and sections,
and preliminary quantities and cost estimates.
b. 90- percent design review. Consultant shall, as a minimum, submit
final plans, completed specifications, and final quantities and cost
estimates. All 65- percent design review comments shall be
addressed at this time.
C. 100 - percent design review. Consultant shall, as a minimum, submit
final plans, completed specifications, and final quantities and cost
estimates. All 90- percent design review comments shall be
addressed at this time.
d. Final approval review. Consultant shall submit final drawings, City
standard specifications /special provisions, and revised final
quantities and cost estimates prepared and sealed by California
licensed architect. All 100 - percent design review comments shall
be addressed at this time.
e. Approval of construction documents. Consultant shall submit
signed and sealed Mylar original drawings and original contract
specifications.
The consultant is responsible for addressing all drawing review comments at
each of the formal submittals as well as informal coordination throughout the
drawing preparation process. The City anticipates a period of four weeks for
drawing review of the 65 percent, 90 percent and 100 percent submittals. The
City may require a review meeting at the time of each submittal.
D. Consultant's Representative
The consultant shall assign a primary representative and an alternate to perform the
services described in the scope of work. Each shall be identified in the proposal. The
consultant's representatives shall remain in responsible charge of all duties from
contract negotiations through project completion. If the primary representative is unable
to continue with the project, then the alternate representative shall become the primary
representative upon the City's approval.
E. City Responsibilities
The City shall provide the following items to assist the consultant in completing services
1. Existing drawings that are available and applicable to the proposed project.
RJM Design Group, Inc. Page A -3
2. Blueprinting, photocopying, and other related services of the final bid
documents.
3. Design criteria and other technical information that are available and
applicable to the proposed project.
4. Sample contract documents, if available, from previous projects for
reference.
In addition, the City will:
1. Advertise the project and prepare the bid summary.
2. Print final drawings and specifications.
3. Print and distribute addenda.
4. Award the construction contract.
5. Schedule and conduct a pre- construction meeting.
6. Administer and inspect the construction contract.
7. Prepare final cost accounting.
RJM Design Group, Inc. Page A -4
EXHIBIT B
SCHEDULE OF BILLING RATES
RJM Design Group, Inc. Page B -1
\w
_ DESIGN
� ost Pro Posal RJ MGNDUP
.
FEESCHEDULE
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach for
the proposed synthetic turf replacement project at the Bonita Creek Park site in the City of Newport
Beach. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of
reimbursable expenses. Fees for the work are as follows:
Phase 1 Site Investigation / Project Familiarization and Conceptual Plan $ 25,615.00
Phase 2 Construction Documents $ 61,368.00
Phase 3 Bidding $ 4,930.00
Phase 4 Construction Services $ 19.062.00
Total *:
$110,975.00
*Note: This fee summary represents our current understanding of the project per the'Engineering
Preliminary Study' August 2009, provided within the Request for Proposal,
REIMBURSABLE EXPENSES (Estimated Allowance $6,000.00)
When incurred, the following project expenses will be billed at cost plus 10% administrative fee in
addition to the above fee proposal:
• Printing, plotting, copying, scanning, photography, graphic expenses
• Delivery and handling of documents, shipping
• Permits, plan check, and inspection fees
• Soils testing
ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional
services and may be performed at Client's request, reimbursable at Consultant's standard hourly
rates. Additional services may include, but are not limited to:
• Additional meetings, presentations, or site visits beyond those identified in the scope of
work.
• Exhibit preparation beyond that identified in the scope of work.
• Revisions to documents required as a result of changes in Client's direction and /or
subsequent to Client's approval, or changes in governmental regulations.
• Design of improvements beyond the designated project site, or due to changes in project
phasing schedule.
S';.,., nom. M,4Tp
....,� ...i111 1�3 -zocc
A
CROUP
e
ost Proposal R M
CONSULTANTS' HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates below:
RIM DESIGN GROUP. INC.
PRINCIPAL LANDSCAPE ARCHITECT
$145 -$165 per hour
ASSOCIATE LANDSCAPE ARCHITECT
$130 - $140 per hour
LANDSCAPE ARCHITECT / PROJECT MANAGER
$115 - $125 per hour
JOB CAPTAIN / LANDSCAPE DESIGNER
$100 - $110 per hour
CADD TECHNICIAN
$ 85 - $ 95 per hour
DRAFTSPERSON
$ 70 - $ 80 per hour
WORD PROCESSOR
$ 55 - $ 65 per hour
MC . CONSULTANTS
PRINCIPAL
$184.00 per hour
PROJECT MANAGER
$138.00 per hour
PROJECT ENGINEER
$115.00 perhour
PROJECT SURVEYOR
$138.00 per hour
DESIGN ENGINEER
$104.00 per hour
CCOMPUTER DRAFTSPERSON
$ 80.00 per hour
PROJECT ASSISTANT
$ 58.00 per hour
3 -MAN SURVEY CREW
$300.00 per hour
2 -MAN SURVEY CREW
$242.00 per hour
CW N.Y +ASSOCIATES, IrrigationDesign and Consulting
PRINCIPAL
$161.00 per hour
PROJECT MANAGER
$138.00 per hour
IRRIGATION DESIGNER
$104.00 per hour
AUTOCAD DRAFTERS
$ 86.00 per hour
ADMINISTRATIVE SUPPORT
S 75.00 per hour
FIELD SERVICES
$150.00 per hour
ADS CONSULTING ENGINEERS (Structural engineering)
PRINCIPAL
$173.00 per hour
PROJECT ENGINEER
$155.00 per hour
CADD OPERATOR / DRAFTER
$109.00 per hour
TECHNICAL TYPING AND REPRODUCTION
$ 98.00 per hour
Billings for all time and materials and contract extension work shall be in accordance with the level
of work performed based on the categories listed above.
hourly rates will be escalated each August 1st in accordance with any increase in the Consumer
Price Index or other mutually agreed upon cost index, beginning with August 1, 2015. Provisions
for fee escalation pertain to all contract extensions and additional work.
SAN JUAN CAPISPANO • SAC4ANIENTO
anvveIIJlAtlesign0ioup,criv • {949:493-2600
Cost proposo
Lt01A1nAU9s�� ��
Desien
R J M GROUP
City of Newport Beach - Bonita Creek Park Synthetic Turf Replacement
SU&CONSULTANTS
TOTAL
Task De56Np1ion
FEE PER TASK
YMCE
5184
3161
5123
PHASES I4
PHASE1: SITEINdESTIGAT PROJECT
FAMIIJARRZATION AND W CEPTUPL PLAN
$25,515
34
I 60
74
25
10
PHASE 2: CONSTRUCTON DOCUMENTS
Sst3o
30
46
90
12
160
38
m
PHASE 3: MOOING
$4.930
6
20
8
4
PHASE 4: CONSTRUCTION ADMINISTRATION
519.82
1a
35
35
12
20
22
HOURSSUSTOTALS
163
207
53
190
60
20
FEE SUISTOTALS
513.866
522620
I S22,770
37.445
sm.960
E2.600
53.aa6
PHASES 1+ FEE TOT.
$110,925
562,895
554.960
59,660
$3,460
5110.975
FEE GRAND TOTAL: §110,975
SAN JUAN CAPISTRANO • SACRAMENTO 3
www.RJMdesigngroup.com • [9491493 -2600
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
a. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
b. Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
C. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
d. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
RJM Design Group, Inc. Page C -1
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
e. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
a. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
b. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
d. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
a. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
RJM Design Group, Inc. Page C -2
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
b. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
d. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
e. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
f. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
g. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
RJM Design Group, Inc. Page C -3
to monitor the handling of any such claim or claims if they are likely to
involve City.
h. Consultant's 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.
RJM Design Group, Inc. Page C -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/2/14
Date Completed: 10/2/14
Dept. /Contact Received From: Raymund
Sent to: Raymund By:
Company /Person required to have certificate: RJM Design Group, Inc
Type of contract: All Others
Chris
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 9130/14- 9130/15
A. INSURANCE COMPANY: Travelers Property Casualty Co of America
B. AM BEST RATING (A-: VII or greater): A +:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided? 2,000,000 /4,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON- CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 9/30/14 - 9/30/15
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ NIA ® Yes
❑ No
A. INSURANCE COMPANY: Travelers Property Casualty Co of America
B. AM BEST RATING (A-: VII or greater) A +:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?) N/A
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 9/30/14- 9/30/15
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater): A +:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
•
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
10/2/14
Date
❑ NIA ® Yes ❑ No
® NIA ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date