HomeMy WebLinkAbout06 - Grant Howald Park Rehabilitation ProjectPORT CITY OF
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<-FoaN'P City Council Staff Report
September 11, 2018
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kathryne Cho, Civil Engineer (kcho@newportbeachca.gov)
PHONE: 949-644-3014
TITLE: Grant Howald Park Rehabilitation Project — Award of Contract
No. 7476-1 (19P11) for Landscape Architecture and Civil
Engineering Services
ABSTRACT:
Staff issued a Request for Proposal (RFP) for Landscape Architecture and Civil Engineering
services to provide design development, construction documents, bid review and
construction administration for the Grant Howald Park Rehabilitation Project. Staff now
requests City Council approval to enter into a Professional Services Agreement with RJM
Design Group, Inc. (RJM).
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301(d) (Restoration or rehabilitation of deteriorated facilities to meet current
standards of public health and safety) of the CEQA Guidelines, because this project has
no potential to have a significant effect on the environment;
b) Approve the scope of services;
c) Award Contract No. 7476-1 to RJM Design Group, Inc. for a not -to -exceed price of
$281,790.00 (including $25,620.00, approximately 10 percent, contingency for
unexpected costs) and authorize the Mayor and City Clerk to execute the contract; and
d) Approve Budget Amendment No. 19BA-006 appropriating $90,000.00 from the
unappropriated Facilities Financing Program: Parks and Community Centers Fund to
Account No. 56201-980000-19P11 (Grant Howald Park Rehabilitation).
FUNDING REQUIREMENTS:
Upon approval of the Budget Amendment, sufficient funding is available for this purpose.
The following fund will be expensed:
Account Description Account Number Amount
FFP: Parks/Community Ctrs 56201-980000-19P11 $ 340,000.00
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Grant Howald Park Rehabilitation Project — Award of Contract
No. 7476-1 (19P11) for Landscape Architecture and Civil Engineering Services
September 11, 2018
Page 2
BACKGROUND:
Grant Howald Park (Park) is a 3.1 -acre site developed in 1954 by the Youth Center Board
of Directors (Board) to provide a recreation facility for the youth of the community. The Park
is generally bounded by Goldenrod Avenue, Fifth Avenue, Marguerite Avenue and Harbor
View School and includes a community building with two playgrounds (also known as the
Community Youth Center or CYC), two tennis courts, lighted sports fields, basketball court
and other related facilities. In 1972, the Board dissolved its organization and conveyed all
of the CYC facilities to the City of Newport Beach. Grant Howald Park is constructed on City
and a portion of School District property.
To assist with community input and guidance of the rehabilitation project, a Parks, Beaches
& Recreation Commission (PB&R) ad hoc committee was formed on June 5, 2018, which
worked with the community, staff, and design consultant as part of the design process. In
addition, RJM's design will take into account the study performed by CMX Sports Engineers,
dated 2009, which was done to provide an objective recommendation for the construction of
new in -fill artificial turf fields based on objective criteria.
DISCUSSION:
On July 25, 2018, staff issued a Request for Proposal (RFP) for Landscape Architecture and
Civil Engineering services to provide design development, construction documents, bid
review and construction administration for the Grant Howald Park Project. Eight firms were
invited to submit proposals for Landscape Architecture and Civil Engineering services. On
August 14, 2018, the City received proposals from two firms, both of which attended the
voluntary project site walk held two weeks prior.
The City's review team consisted of three staff members from the Departments of Public
Works and Recreation & Senior Services. Using the qualification -based selection process,
proposals were evaluated by the review team independently. Proposal evaluations were
based on consultant's project understanding, experience, qualifications, planning, approach,
ideas and projected level of effort. While both firms appeared to meet the minimum
qualifications, RJM was selected by the review team as the most qualified and responsive
firm for this project as shown in the scoring below. RJM's proposal demonstrated vast
experience with synthetic turf field system installation, playground design and community
outreach.
1. RJM Design Group, Inc. (278/300)
2. Rabben/Herman design office (269/300)
Services requested in this RFP includes assessing and addressing the existing facilities to
determine the work necessary to provide design development, construction documents, bid
review and construction administration. The design will include, but not limited to, replacing
existing grass with synthetic turf field system; reconfiguring fencing, installing new landscape
and hardscape; removing and reconstructing retaining walls; updating sports field lighting,
removing and replacing trees and playground facilities. An additive item was also included
to coordinate the relocation or undergrounding of the existing utility poles along the project's
Fifth Avenue frontage (e.g. Southern California Edison, AT&T and Cable). A current
On -Call firm will provide necessary geotechnical services.
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Grant Howald Park Rehabilitation Project — Award of Contract
No. 7476-1 (19P11) for Landscape Architecture and Civil Engineering Services
September 11, 2018
Page 3
RJM proposes to complete the work in seven phases. Phase 1 is the pre -design phase,
including investigative work and meetings with staff and stakeholders to determine the
project scope, schedule and budget. In Phase 2, RJM will prepare two alternative
conceptual designs and incorporate comments and input received in Phase 1. Once a
conceptual design is chosen, RJM will begin Phase 3 which includes the development of
design plans and cost analysis. During this phase, the scope and character of the project is
developed with consideration given to availability of materials, equipment, labor,
construction sequencing, scheduling, economic analysis of construction, user safety and
maintenance requirements and energy conservation. It is at this stage that final selection of
materials, textures and colors shall occur. Phase 4 includes the preparation of the Contract
Documents setting forth in detail the requirements for the construction project. Special
provisions will be developed for project specific items and when combined with the various
trade specifications, a complete technical manual is produced. Once plans are finalized,
RJM will move into Phase 5 and 6, responding to "Request for Information" (RFI) during the
bidding process and construction support to ensure that the quality of the work is proceeding
in accordance with the contract documents. Finally, Phase 7 is the coordination effort that
RJM will put forth once the City makes a decision on whether the existing utility poles along
the property's Fifth Avenue frontage will be relocated or placed underground. City staff are
currently working Southern California Edison to determine the feasibility of this scope.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301(d) (Restoration or
rehabilitation of deteriorated facilities to meet current standards of public health and safety)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
Attachment C — Budget Amendment
6-3
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GRANT HOWALD PARK REHABILITATION CITY OF NEWPORT BEACH
PROJECT PUBLIC WORKS DEPARTMENT
a
LOCATION MAP C-7476-1 09/11/18 -
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Attachment B
PROFESSIONAL SERVICES AGREEMENT
WITH RJM DESIGN GROUP, INC. FOR
GRANT HOWALD PARK REHABILITATION DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 11th day of September, 2018 ("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, CA 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 design services related to the Grant
Howald Park rehabilitation 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 June 30, 2022, 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 n 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
1.1 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 Two Hundred Fifty Six
Thousand One Hundred Seventy Dollars and 00/100 ($256,170.00), without prior
written authorization from City. Additionally, the City has allocated a contingency amount
of Twenty Five Thousand Six Hundred Twenty Dollars and 00/100 ($25,620.00) for
unexpected costs, for a total not to exceed amount of Two Hundred Eighty One
Thousand Seven Hundred Ninety Dollars and 00/100 ($281,790.00). No portion of the
contingency shall be expended without prior written approval of City's Project
Administrator. 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) calendar
days after approval of the monthly invoice by City staff.
4.2 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.
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4.3 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 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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 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, 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"), and which 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
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limited by statute, rule or regulation and the expressed terms of this Agreement. No 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 power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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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; (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
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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,
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
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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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
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
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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: Public Works Director
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: Larry P. Ryan
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 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
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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.
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
RJM Design Group, Inc. Page 10
6-14
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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
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]
RJM Design Group, Inc. Page 11
6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: � 27 / Zo 1%
By:
ipw: Aaron C. Harp
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
'.%W $•1-l-ts Marshall "Duffy" Duffield
Mayor
CONSULTANT: RJM Design Group, Inc.,
a California corporation
Date:
By:
Larry P. Ryan
Vice President
Date:
By:
Anita M. Weaver
Chief Financial Offcer
(END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RJM Design Group, Inc. Page 12
6-16
EXHIBIT A
SCOPE OF SERVICES
RJM Design Group, Inc. Page A-1 6-17
SCOPE OF WORK
Our scope of work outlines the various tasks associated with the Conceptual Design, Design Development and final Construction
Documentation for the proposed synthetic turf replacement and park rehabilitation project at the Grant Howald Park site. Tasks and
methodology below are based upon our extensive experience with similar municipal / public bid sports field projects.
Our proposed scope of work is intended to be flexible and can be refined to better meet the needs of the City of Newport Beach. At
the project onset, RJM Design Group intends to work with the City to review and clarify the overall objectives for the development
of the project, confirming the expected goals and criteria to be met within each phase of the project.
PHASE 1: PRE—DESIGN SERVICES
A. Meet with City Staff to review and discuss the project scope, schedule, and budget. Conduct visual analysis of existing site
conditions including topography, drainage, physical limitations, edge conditions at existing field, utilities, vegetation,
circulation, external influences, existing conditions along 511 Avenue, grade relationships at/around existing tot lots, access,
and adjacent property relationships.
B. Develop proposed project schedule / timeline outlining specific tasks and deliverables to be provided from project inception
to completion. The project schedule will provide for coordination meetings with the City to review and discuss the project
program and issues to address and resolve. Our proposal has also provided for a project overview meeting to discuss and
orient the public with the project's scope and timeline.
C. Review all documentation from the City pertaining to this project including: Arborists report and map of existing trees, title
report, base map, existing water, electrical and irrigation systems plans and "as -built" plans for the site, etc.
D. Review State, County, and City Codes and Standards that may be applicable to the site development.
E. Develop outline of specific recommendations needed for the project geotechnical report. This information will identify
proposed boring locations, required infiltration / percolation testing, soil expansion and plasticity index testing, etc. This
information will be forwarded to and discussed with the City's selected on-call geotechnical consultant for preparation of
the project geotechnical report. For reference, our previous work on Bonita Creek Park and similarly scaled synthetic field
projects has benefited from the participation of GMU Geotechnical Engineers. Their familiarity regarding drainage base
testing for infiltration and compaction has assisted in preserving each project's compliance with specified drainage course
and schedule.
Prepare outline of services to be provided by the City's on-call surveyor to prepare the project's topographic mapping. This
work outline will request aerial topographic mapping for the park improvement area, including adjacent streets tied to
existing monumentation, providing for J.' contours, identification / location of all above grade elements, with the project
area (specific location and finish grade at base of existing trees, existing walls, fences, paving, athletic field lighting
stanchions, valve boxes, quick couplers, etc.). Finish grade elevations from a field survey crew may be requested for
elements that are immediately adjacent to the limits of the proposed synthetic turf. Our survey scope will also request
verification of existing invert elevations and pipe sizes at adjacent existing storm drains. Final survey to be plotted in
AutoCAD format at 20 -scale and include existing property lines.
G. The next task will be to work with the City in identifying members of the Community that are integral in developing
consensus as to the vision for park site. An outreach strategy shall be discussed as to the various participants and methods
utilized to solicit their contribution during the Master Plan process.
As part of this task, the consultant team will conduct one focus group meeting and one community workshop to solicit
input as to the community's goals for the parks development.
Focus Group: RJM will conduct two (1) small 10-15 participant focus group to solicit feedback on the project sites
development goals. The focus groups can be in targeted demographics or clubs. Examples include Teens, 5S+,
Sports, Arts, Social Services and Community Services. Exact selection will be based on city staff collaboration.
Community Workshop : RJM will conduct a site awareness presentation and amenities charrette in a workshop
setting with members of the Community, City Council, Park and Recreation Commission, City Staff, and interest
groups. The steps involved with this workshop are suggested as follows:
Questionnaire: Prepare draft questionnaire for Community Workshop.
Prepare Site Awareness Presentation from mapping developed in task one.
Conduct Amenities Charrette Workshop. RJM will facilitate an amenities workshop to discuss the likes,
dislikes, issues, and desired features/ideas with the community. This meeting will be an opportunity to
solicit opinions and preferences from those in attendance regarding the specific considerations to be
provided for regarding the:
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• Field improvements
■ Streetscape elements along 5" Avenue
• Tot lot redesign
■ Overall park landscape character
■ Restroom improvements
Input received from this meeting will be reviewed with the City, clarified as necessary and incorporated into the Conceptual
Plan prepared in Phase 2.
Note: Our proposal has provided for public outreach/notification utilizing the following resources and services:
■ Social Media Outreach
Utilizing social media tools, our team reaches out to the community through focused marketing events such as
FacebookLive, Instagram Feeds, NextDoor, EventBrite or material for our Clients to distribute on their preferred
social media sites. This outreach will inform users of the project's intent, timing, proposed meeting dates and
project updates.
MEETINGS: (3) One Kickoff meeting with City Staff to receive all documentation
available from the City and refine project schedule.
(2) Two Meetings with City Stoff
(2) Two Meetings with Public Outreach Groups
Parks, Beaches and Recreation Commission presentations
City Council presentation
PRODUCTS: Project Schedule
Aerial Survey (as provided for by City Consultant, under existing separate contract)
Geotechnical Report (as provided for by City Consultant, under existing separate
contract)
Project Area Base Sheet (digital format)
PowerPoint presentation
- Social Media Outreach
PHASE 2: CONCEPTUAL DESIGN PLANS
A. Utilizing information received at the initial public outreach campaign noted above, prepare Conceptual Plan illustrating
extent of proposed improvements. Anticipated improvements include:
1. New synthetic turf installation for the existing field area.
a. Maintain the existing field playing dimensions but reposition field to accommodate the new retaining wall, curb
adjacent sidewalk, and new street trees along Fifth Ave.
b. Preserve existing Musco athletic field light standards as appropriate to accommodate the synthetic soccer field
area and provide new mast arms and LED fixtures (State of the Art). Note: The reuse of existing poles should
provide considerable cost savings to the overall budget.
c. Minimize grading impacts and requirements for export of existing soil to accommodate the required synthetic
turf base and drainage infrastructure and preserve the existing grade around the site area. We are suggesting a
similar approach to what we utilized on the Bonita Creek synthetic turf field project.
d. New "aesthetic" fencing (upgrade from chainlink) to contain synthetic field improvements.
e. Respond/comply with required Best Management Practices/water quality considerations regarding the
management and treatment of storm waters. Our previous work with similarly scaled projects suggest that
seasonal storm waters can be treated with an on-site retention system incorporated into the design of the
synthetic turf drainage course. As such, our Scope of Work outline does not provide for an on-site retention /
detention basin to accommodate these run-off considerations. While unlikely, if these improvements are
deemed necessary, we can discuss with the City in greater detail at that time.
2. New "thematic" Playground improvements. The inspiration behind the new playground improvements will be to:
a. Provide an "epic" playground experience for one of the City's most heavily used playground areas.
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b. Create a themed and branded identity for the playground area.
c. Provide improved and shaded picnic and seating areas integrated into the playground area.
d. Provide improved connectivity to the Community Youth Center, adjacent park and neighbourhood areas.
3. Curb adjacent sidewalk/path of travel along Fifth Ave.
4. New retaining wall along Fifth and Goldenrod and Fifth/Marguerite (including Structural).
5. Possible relocation and/or undergrounding of existing overhead utility lines along Fifth Ave.
6. New street trees along Fifth Ave.
7. Repairs to existing AC parking lot to improve drainage -eliminate "bird baths".
8. Existing Restroom Building Improvements (Graffiti coating, new exterior light fixtures, new drinking fountain w bottle
fill/dog bowl).
9. Improved use of area outside tennis courts (picnic, seating)
10. Irrigation infrastructure improvements/efficiency enhancements
11. Landscape improvements
B. Prepare two (2) alternative Conceptual Design Plans which incorporate comments and input received by the public during
the outreach phase, as well as feedback/direction received by the City. Likewise, the conceptual design alternative will
consider all existing site features such as: existing topography/drainage, trees/vegetation, sun exposure/shade, site
programming, circulation, adjacent site uses, utilities and budget.
C. Present the two (2) alternate conceptual designs to the public to solicit input and feedback. During this Conceptual Design
Phase, our proposal has provided for three (3) public meetings, eight (8) ad-hoc meetings and two (2) Parks, Beaches and
Recreation Commission meetings.
D. Prepare refined Conceptual Plan to incorporate the comments received from the public, ad-hoc and Parks, Beaches and
Recreation meetings.
This refined Conceptual Plan will indicate the proposed sub -surface drainage system's tie-in to adjacent storm drains. A
conceptual section will be provided indicating the proposed field's construction relative to existing grade as well as the
intended water quality management considerations proposed. The conceptual plan and site sections will be an appropriate
exhibit to present to the community at the public outreach meeting.
E. Prepare Conceptual Grading Plan for the proposed improvements. This plan will illustrate proposed 1' contours relative to
the existing contours indicated on the project survey and will provide an indication as to earthwork volume and the
associated costs.
F. Prepare Preliminary Statement of Probable Construction Cost Estimate for the field's construction.
G. Meet with the City to review / discuss the Conceptual Plan, Conceptual Grading Plan, and Cost Estimate.
H. Revise the Preliminary Conceptual Design Plan and associated Preliminary Opinion of Probable Construction Costs per City
Staff direction.
I. Prepare PowerPoint presentation and illustrative exhibits for public presentation.
J. Present Preliminary Conceptual Design Plan and Preliminary Opinion of Probable Construction Costs to the Community Ad -
Hoc Committee and Public Beaches and Recreation Commission meetings.
K. Revise the Preliminary Concept Plan and associated Preliminary Opinion of Probable Construction Costs per Community and
City Staff direction.
L. Present Preliminary Conceptual Design Plan and Preliminary Opinion of Probable Construction Costs to City staff for review
and approval.
MEETINGS: (B) Eight Ad -Hoc Committee Meetings
(2) Two Community Meetings
(2) Two PB&R Meetings
6-20
PRODUCTS: (2) Two Conceptual Design Alternatives
(I) One Refined Conceptual Design Plan
Conceptual Grading Plan
Preliminary Opinion of Probable Construction Costs
PowerPoint Presentation
PHASE 3: DESIGN DEVELOPMENT
Prepare all Design Development Plans and cost analysis based upon the approved Master Plan Design documents in order to fix and
describe the scope and character of the entire Project, including landscape architectural, architectural, civil, and electrical systems,
materials and such other elements as may be appropriate. Consideration shall be given to availability of materials, equipment and
labor, construction sequencing and scheduling, economic analysis of construction, user safety and maintenance requirements, and
energy conservation. Final selection of materials, textures, and colors shall occur.
A. Prepare design development base plans relative to the proposed improvements. Our fee proposal has assumed that the
following program elements will be included in the project's final design:
■ Multi -Use Synthetic Sports Field
■ New perimeter fencing
■ Improved Restroom providing for graffiti coating, ADA compliant drinking fountain with bottle fill, new lights at
building perimeter, etc.
■ Redesigned Tot Lot with integrated play, viewing and shaded seating areas.
■ Pedestrian and Athletic Field Lighting
■ Parking
■ Landscape
■ Irrigation
■ Pedestrian walk along 5'h Avenue,
■ Site Furnishings
■ Improved drainage at/around paving by existing Restroom
The Base Plan for the proposed improvements will be prepared digitally and will be utilized as the project's Preliminary
Base Plan for Construction Documents. Specific alignment and orientation of all the project's proposed 'ground plane'
elements will be indicated.
B. Prepare detailed Design Development Site Plan with information to identify the hardscape materials, and location,
pedestrian and Musco light fixture locations, alignment of proposed walls, fencing, tot lot configuration/layout, etc.
C. Prepare preliminary grading, storm drain, sewer, lighting/photometric and utility plans.
1. Refine conceptual grading / site plan.
2. Confirm sewer and water service locations.
3. Confirm site electrical service for proposed site improvements.
D. Update earthwork take offs.
E. Update Preliminary Estimate of Probable Construction Costs.
F. Meet with City to review refined grading/site plan, and preliminary cost estimate.
G. Meet with City Staff to review Design Development Plans, Plan Enlargements, and Catalog Cut Sheets, and to evaluate
project goals, budget, and long-term maintenance considerations.
H. Refine detailed Plans based on City Staff comments.
I. Update Preliminary Estimate of Probable Construction Cost.
6-21
Submit Design Development Plans (Enlargements, and Overall Base Plan) to City for approval. Our proposal has provided
for 60, 90 and 100% Design Development Plan submittals. Each of these submittals will be accompanied by a City meeting
to review and discuss each submittal's specific content, items addressed relative to previous submittal comments, etc.
PHASE 4: CONSTRUCTION DOCUMENTS
During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project.
Special provisions regarding 'Standard Specifications for Public Works Construction (Greenbook)' will be provided for project specific
items and all special requirements are defined, and when combined with the various trade specifications, a complete project
technical manual is produced. These technical specifications will be bound with the City provided General provisions.
Our proposal includes complete landscape architecture, and engineering services required to execute the project. Services during
the Construction Document Phase consist of preparation of drawings and specifications based on approved Conceptual Design
Documents, setting forth in detail the Final Construction Documents.
Our proposal has assumed the City will provide:
■ Conditions of the Contract (General, Supplementary, and other Procedural Conditions)
A. Construction Drawings including:
• Title Sheet
• Demolition Plan
■ Construction Plan
• Precise Grading
• Retaining walls along Fifth and Goldenrod and Fifth/Marguerite (including Structural).
• Drain Layout Sheets for Synthetic Turf
■ Precise Grading Plans (20 -scale)
• Horizontal Control Plan (40 -scale)
• Erosion Control Plan (40 -scale)
• Hydrology Study/ Storm Drain Design
■ Irrigation Plan / Details
■ Planting Plan / Details
• Technical Specifications
• WQMP
■ NDPES including NOI & SWPPP
Our synthetic turf plans / details and specifications provide for a high level of craftsmanship and performance of the
synthetic turf fabric. While there exist varying degrees of quality from the various candidate suppliers, our specifications
will require that the installation provide for:
• Minimum of 6 lbs. of rubber / sand 'fill' per square foot
• '5ewn' vs. glued seams
• Cryogenic rubber
■ 31d Party Warranty
This criteria can be competitively bid on by several qualified vendors in the synthetic turf industry.
NOTE: Based on our previous experience with the City on the Bonito Creek Synthetic Turf ballfield project we would
recommend the City enters into ❑ direct purchase agreement with both the desired synthetic sports field vendor
and the desired field lighting vendor in order to maximize savings and reduce overall project costs.
B. Submit plans and specifications to the City at 60% completeness (1st Plan Check) for review and comments.
C. Revise plans per City direction, and submit plans, specifications and estimates at 90% completion (2nd Plan Check) to City
for review and comment.
D. Revise plans and specifications and resubmit at 90% for City review and approval.
E. Prepare updated Engineer's Estimate for all project elements.
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F. Submit 100% plans, specifications and cost estimate to City for review and approval.
G. Attend meetings with City to review each `edition' of plan check comments. These meetings will be attended by RJM as
well as key sub -consultants to ensure a common understanding of the intent of proposed revisions.
H. Submit final wet stamped and signed Mylar and/or digital files to the City for printing and distribution to prospective
bidders.
Provide digital AutoCAD files of original Plans and Specifications.
As the City of Newport Beach is not subject to extremely high seasonal temperatures, our proposal has assumed the new
field installation will not require a 'cooling system' for the synthetic turf. This provision can be provided as an additional
consideration if the City elects to pursue.
MEETINGS: - (3) Three City staff meetings.
PRODUCTS: - Reproducible Mylars of Final Project Plans, Signed and Seated
- Digital Files of Final Project Plans and Specifications (in standard digital format
acceptable by City)
Technical Specification Provisions
Digital Copy of Technical Specification Provisions (in Microsoft Word Format
- Digital Copy of All Final Project Plans on Disk (in AutoCAD 2009 and PDF format)
Preliminary Estimate of Probable Construction Costs
Final Estimate of Probable Construction Costs
PHASE 5: BIDDING 1 NEGOTIATIONS
We shall provide the following services as requested by the City in obtaining bids and in awarding and preparing contracts for
construction.
A. Addenda
Services consist of preparation and distribution of Addenda as may be required during bidding and including supplementary
Drawings, Specifications, instructions and notice(s) of changes in the bidding schedule and procedure.
B. Bidding/Negotiations
Services consist of:
1. Assistance to City in establishing list of Bidders or proposers.
2. Prequaiification of Bidders or proposers_
3. Participation in pre-bid conferences.
4. Responses to questions from Bidders or proposers and clarifications or interpretations of the Bidding Documents.
5. Attendance at bid opening.
6. Documentation and distribution of bidding results.
C. Analysis of Alternates/Substitutions
Services consist of consideration, analysis, comparisons, and recommendations relative to alternates or substitutions
proposed by Bidders or proposers either prior or subsequent to receipt of Bids or proposals.
D. Bid Evaluation
Services consist of:
1. Validation of Bids or proposals.
2. Participation in reviews of Bids or proposals.
3. Evaluation of Bids or proposals.
4. Recommendation on award of Contract(s).
S. Participation in negotiations prior to or following decisions on award of the Contract(s) for Construction.
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PHASE 6: CONSTRUCTION OBSERVATION AND SUPPORT
The Construction Contract Administration Phase shall provide those services necessary for the administration of the construction
contract. These services shall be provided for on an as -requested by the City basis.
A. Attend pre -construction and construction meetings, as requested for by the City. These site visits will be provided to
become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding
in accordance with the Contract Documents, and preparing related reports and communications. Our proposal has
provided for ten (JA) site visits to be incorporated into the construction schedule as requested for by the City, Prepare a
punch list of deficiency items that require completion prior to project being determined to be complete. Prepare a final job
site review to confirm completeness of punch list items.
B. Office Construction Administration
Processing of submittals, including receipt, review of, and appropriate action on Shop Drawings, Product Data,
Samples and other submittals required by the Contract Documents.
Distribution of submittals to Owner, Contractor and/or field representative as required.
Maintenance of master file of submittals.
C. Supplemental Documents
Services consist of:
Preparation, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response
to requests for clarifications by Contractor(s) or the City and as required by construction exigencies.
D. Quotation Requests/Change Orders
Services consisting of:
Preparation and distribution of Drawings and Specifications to describe Work to be added, deleted or modified.
Review of proposals from Contractor(s) for reasonableness of quantities and costs of labor and materials
Review and recommendations relative to changes in time for Substantial Completion,
E. Review contractor provided "As Built" documents. Prepare digitai Record Drawings for the City's filing and future
reference.
PHASE 7: EXISTING POWER POLE RELOCATION ALONG 5r" AVENUE (Additive Item)
A. Provide site visit to review the existing utility poles and the power, telephone and CAN utility lines that are
supported including routing, connection points and conduit drops. This site visit will also review existing utility
equipment mounted on poles including transformers, switches, etc.
B. Contact SCE Co., AT&T and CAN utility companies and identify service planners and point -of -contacts for
relocating the respective utilities.
C. Request utility plans, maps, etc. from each of the respective utility companies.
D. Provide preliminary plans to each utility company showing the proposed relocation of the utility poles.
E. Prepare for and attend one (1) meeting on site with SCE Co. service planner and utility pole planner to review
the relocation of poles and determine what work will be required by the City.
F. Provide telephone meetings with SCE Co_, AT&T and CATV utility companies as required to coordinate the
relocation of poles.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Design Services (Phases 1- 6):
Optional Service No. 1 (Phase 7):
Reimbursable:
TOTAL:
Contingency:
TOTAL NOT -TO -EXCEED:
RJM DESIGN GROUP, INC.
PRINCIPAL LANDSCAPE ARCHITECT
ASSOCIATE LANDSCAPE ARCHITECT
LANDSCAPE ARCHITECT / PROJECT MANAGER
10B CAPTAIN / LANDSCAPE DESIGNER
CADD TECHNICIAN
GRAPHICS
CLERICAL
$224,870.00
$21,300.00
$10,000.00
$256,170.00
$25,620.00
$281,790.00
Hourly Rates:
$165.00 - $185.00 per hour
$145.00 - $155.00 per hour
$130.00 - $140.00 per hour
$115.00 - $125.00 per hour
$100.00 - $110.00 per hour
$ 90.00 per hour
S 75.00 per hour
Reimbursables and subconsultant charges shall be at cost plus 10%.
RJM Design Group, Inc. Page B-1 6-25
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.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. 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).
C. 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 rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
RJM Design Group, Inc. Page C-1 6-26
D. 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 City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 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.
RJM Design Group, Inc. Page C-2 6-27
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. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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) 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
RJM Design Group, Inc. Page C-3 6-28
judgment may be necessary for its proper protection and prosecution of the
Work.
RJM Design Group, Inc. Page C-4 6.29
ATTACHMENT C
City of Newport Beach NO. BA- 19BA-007
BUDGET AMENDMENT
2018-19
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
AMOUNT:j $90,000.00
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Parks and Community Centers unappropriated fund balance
to be used for Grant Howald Park Rehabilitation.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object Description
562 300000 Parks and Community Centers Fund Balance
REVENUE ESTIMATES
O�cr Object Project Description
EXPENDITURE APPROPRIATIONS
Org Object Project Description
56201 980000 19P11 Grant Howald Park Rehab
Amount
Debit Credit
$90,000.00
Automatic System Entry.
Signed: f`
cial Approval: Finance Director
Signed
Signed
Adminisjti'fatXe Approval: City Manager
City Council Approval: City Clerk
$90,000.00
C� Date
`/
/ 5— / [ <3, -
Date
Date
6-30
Increase in Budgetary Fund Balance
ANDX
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
B
Yes
No
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Parks and Community Centers unappropriated fund balance
to be used for Grant Howald Park Rehabilitation.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object Description
562 300000 Parks and Community Centers Fund Balance
REVENUE ESTIMATES
O�cr Object Project Description
EXPENDITURE APPROPRIATIONS
Org Object Project Description
56201 980000 19P11 Grant Howald Park Rehab
Amount
Debit Credit
$90,000.00
Automatic System Entry.
Signed: f`
cial Approval: Finance Director
Signed
Signed
Adminisjti'fatXe Approval: City Manager
City Council Approval: City Clerk
$90,000.00
C� Date
`/
/ 5— / [ <3, -
Date
Date
6-30