HomeMy WebLinkAbout08 - Amendment to On-Call PSA (Contract No. 8167-1) for Peninsula Gateway Improvement Project DesignQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 28, 2022
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer
tandefur@newportbeachca.gov
PHONE: 949-644-3321
TITLE: Approval of Amendment No. Three to On -Call Professional Services
Agreement with RJM Design Group, Inc. (Contract No. 8167-1) for
Peninsula Gateway Improvement Project Design
/_1 16"t I:7_T91 6
The Peninsula Gateway consists of two small landscape areas adjacent to the entrance
of the Balboa Peninsula. The City of Newport Beach (City) started design efforts for the
Peninsula Gateway Improvement Project under an existing on -call landscape architecture
agreement with RJM Design Group, Inc. (RJM). To allow RJM to continue and complete
the design efforts, an Amendment to extend the term of the currently expired on -call
agreement and increase the compensation amount is needed.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. Three to the On -Call Professional Services Agreement with
RJM Design Group, Inc. to add additional services, increase the total not -to -exceed
amount by $69,910 for a total not -to -exceed amount of $189,910 and extend the term
to June 30, 2023; and
c) Authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The City traditionally uses outside consultants to provide landscape architecture services
for various Capital Improvement Program (CIP) projects. Over the past five years, firms
with existing on -call agreements have provided design services for Balboa Village, West
Coast Highway, the planter areas at Newport Boulevard/28th Street, and other projects.
One firm, RJM, was tasked toward the end of 2021 with designing landscape
improvements for the small park areas that border the entrance to the Balboa Peninsula,
also known as the Peninsula Gateway.
8-1
Approval of Amendment No. Three to On -Call Professional Services Agreement with
RJM Design Group, Inc. (Contract No. 8167-1) for Peninsula Gateway Improvement
Project Design
June 28, 2022
Page 2
Based on the concepts/preliminary drawings prepared by RJM, staff requested that they
proceed with the remaining final design efforts and prepare construction documents.
The agreement previously reached its five-year maximum term limit; an amendment to
extend the term of the agreement for another six months per Council Policy F-14 has
already been used. Any additional extension requests require City Council approval.
Following discussions with the City Attorney and Finance staff, it was determined that an
amendment to the existing, expired, on -call agreement would be the best path forward to
enable continuity of the project and keep all design efforts under the same agreement in
which the work was started.
This amendment extends the term of the existing agreement to June 30, 2023, adds
$69,910 to the agreement, for a total not -to -exceed amount of $189,910, and adds design
development and construction documentation services, including construction
administration specific to the Peninsula Gateway project, to the scope of services.
FISCAL IMPACT -
The Fiscal Year 2021-22 adopted CIP Budget includes sufficient funding for this
amendment. It will be expensed to the Landscape Enhancement Program, account
number 53601-980000-22L01, which is funded from Neighborhood Enhancement Funds.
Neighborhood Enhancement Funds are specific identified surplus General Fund
resources used for projects that typically enhance/improve specific neighborhood
infrastructure and/or aesthetics.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NnTICINC;-
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).
ATTACHMENT:
Attachment A —Amendment No. Three to On -Call Professional Services Agreement
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ATTACHMENT A
AMENDMENT NO. THREE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH RJM DESIGN GROUP, INC. FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS AMENDMENT NO. THREE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 30th day of
December, 2021 ("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. On August 1, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide comprehensive
professional landscape architecture services on an on -call and/or as -needed basis
("Project").
B. On July 30, 2019, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement.
C. On July 1, 2021, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement and to
update the insurance requirements.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to June 30, 2023, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2023, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, and Exhibit A to Amendment No. Three shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
E:�
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, and Exhibit B to this Amendment No. Three shall collectively be
known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Eighty Nine
Thousand Nine Hundred Ten Dollars and 001100 ($189,910.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty
Nine Thousand Nine Hundred Ten Dollars and 001100 ($69,910.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
RJM Design Group, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: T,2-7—
By: A(Q"
ta on C. Harp yww 4.tq,► v-
C Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: RJM Design Group, Inc.,
a California corporation
Date:
By:
Leilani I. Brown Larry P. Ryan
City Clerk Chief Executive Officer
Date:
By:
Anita Weaver
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B -- Schedule of Billing Rates
RJM Design Group, Inc. Page 3
RN
EXHIBIT A
SCOPE OF SERVICES
Peninsula Gateway Improvements Project Design
PHASE 1 — DESIGN DEVELOPMENT (60% CDs)
A. Demolition Plan. This plan will indicate the existing improvements to be removed.
Specifically, our understanding is that the following items will be demolished as part of
the project scope:
Lido Site (Northern site)
• Existing city logo and signage
• Existing southern portion of the raised planter wall
• Portion of planter wall at existing Phoenix canariensis planting
• Existing 'understory' plantings of shrubs, groundcovers, pygmy date palms; bottle
trees
• Existing up lights
• Root pruning of existing P. canariensis
Balboa Site (Southern site)
• Existing city logo and signage
• Existing understory shrubs, pygmy date palms and groundcovers, all trees with the
exception of the existing P. dactylifera and Koelreuteria in raised planter by sign
wall
B. Precise Grading / Construction Plan. This plan will indicate the proposed
improvements to be provided. Specifically, the plan will indicate:
• New signage
• Verification of and/or addition of back drains at existing retaining walls/ resurfacing
of existing walls where finish has been failing.
• Painting of existing wall caps to match wall surfacing.
• New wall construction at portion of planter wall around existing P. canariensis
(Lido)
RJM Design Group, Inc. Page A-1
•
• New paving (Lido site)
Refurbish existing monuments (including banner sleeve at Balboa site)
C. Prepare preliminary electrical plan — indicating new signage and palm up light fixtures
D. Preliminary irrigation plan — indicating proposed irrigation improvements at both
project areas.
E. Preliminary planting plan — indicating the proposed trees, shrubs, and ground covers
to be planted within the project areas.
F. Prepare preliminary construction cost estimate.
G. Submit the design development demolition, construction plans, details and
construction budget estimate to the City for review and approval prior to proceeding
with final construction documents.
PHASE II — CONSTRUCTION DOCUMENTS
Prepare final construction plans based upon the approved design development plans and
details. These plans will be prepared on 30" x 42" sheets and at 1" = 20' scale, including
the following:
1. Civil Engineering:
• Title Sheet
• Demolition plan
• Notes/details/sections
• Precise grading plan
• Erosion control plan
2. Structural Engineering:
• Structural calculations (new planter wall at Lido site)
• Structural details
• Structural material specifications
3. Electrical Engineering:
• New up lights at palms and gateway signage
RJM Design Group, Inc. Page A-2
lM
• Calculation of electrical loads, short circuit calculations and voltage drop
calculations
• Various schedules, legends and details as required
4. Landscape Architecture:
Construction details
• Irrigation plan and details
Planting plan and details
5. Specifications:
Technical specifications will be prepared as Amendments to the 'Greenbook'
(Standard Specifications for Public Works Construction — 2018 Edition). Our proposal has
assumed that the City will provide for the 'Front End' specifications (General Provisions /
Requirements, Instruction to Bidders, etc.)
Note: The outlined scope of work anticipates the availability of adjacent and
capable storm drain infrastructure within the immediate project boundaries for the
connection of the proposed wall back drains. Alternatively - dependent upon the invert
elevations of the back drains - these drains may 'daylight' through weep holes and/ or the
face of existing curbs.
Regarding the planting of the proposed palms - our proposal has assumed the City
will confirm the existing ground water elevation is of adequate depth to allow for the
planting of the proposed palm trees.
CONSTRUCTION SERVICES
PHASE III — BIDDING AND NEGOTIATIONS
The Bidding and Negotiations Phase, following the City's approval of the Construction
Documents and of the most recent Statement of Probable Construction Cost, shall
provide those services necessary to assist the City in obtaining bids or negotiated
proposals and in awarding and preparing contracts for construction. Our proposal
provides for the services outlined below on an hourly basis, as requested by the City.
A. Addenda
Services consist of preparation and distribution of Addenda as may be required
during bidding or negotiation and shall include supplementary drawings, specifications,
instructions, and notice(s) of changes in the bidding schedule and procedure.
RJM Design Group, Inc. Page A-3
::
B. Bidding/Negotiations
Respond to questions from bidders or proposers and provide clarifications or
interpretations of the bidding documents.
PHASE IV - CONSTRUCTION ADMINISTRATION
The Construction Contract Administration Phase shall provide those services necessary
for the administration of the construction contract.
A. Office Construction Administration
1. Processing of submittals including receipt, review of, and appropriate action on
shop drawings, product data, samples, and other submittals required by the
Contract Documents.
2. Distribution of submittals to City, Contractor and/or field representative, as
required.
B. Construction Field Observation
These site meetings will be performed as requested by the City on an hourly basis.
Their intent is to become 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
assumed that the City will provide for daily review and administrative supervision of the
work to be performed.
C. Supplemental Documents
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 activities.
D. Quotation Requests/Change Orders
1. Preparation and distribution of drawings and specifications to describe work to
be added, deleted, or modified.
2. Review of proposals from Contractor(s) for reasonableness of quantities and
costs of labor and materials.
3. Review and recommendations relative to changes in time for substantial
completion.
4. Coordination of communications, approvals, notifications, and record keeping
relative to changes in the work.
RJM Design Group, Inc. Page A-4
SUPPLEMENTAL SERVICES
SITE SURVEYS
Prepare aerial survey for both project areas. These surveys will provide for mapping of 1'
contour intervals and locate all above grade site elements (walls, paving, fencing, mow
curbs and vegetative canopies). Our proposal has assumed that the City will provide our
surveyor with title reports for the project areas. This information will allow for the inclusion
of the project property lines and easements within the project area. Likewise, we've
assumed that as-builts and utility plans for the areas will be provided - indicating the
location of any and all utility lines and/ or subsurface elements which can then be
indicated on the project base plans. Lastly, our proposal has provided for aY2 day field
survey for both project areas - to indicate 'join' elevations, tree trunks, up lights, etc. -
which may not be perceivable via the aerial survey.
RJM Design Group, Inc. Page A-5
A
EXHIBIT B
SCHEDULE OF BILLING RATES
Design Services Fee
Phase I
Design Development
$16,200.
Phase II
Construction Documents
$33,000.
Sub -Total:
$49,200.
Phase III
Bidding and Negotiations
$ hourly
Phase IV
Construction Administration
$ hourl
Allowance Phases III
& IV:
$10,000.00
Supplemental Services:
1. Site Surveys
$8,210.00
Reimbursable Expenses (Allowance)
$2,500.00
Not -to -Exceed Total:
$69,910.00
Reimbursable Expenses (Allowance)
When incurred, the following project expenses will be billed at cost plus 15%
administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses
• Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Soils testing
RJM Design Group, Inc. Page B-1
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Hourly Rates:
PRINCIPAL LANDSCAPE ARCHITECT
$195 Per Hour
ASSOCIATE LANDSCAPE ARCHITECT
$170 Per Hour
LANDSCAPE ARCHITECT
$155 Per Hour
JOB CAPTAIN / LANDSCAPE DESIGNER
$140 Per Hour
CADD TECHNICIAN / GRAPHICS
$125 Per Hour
CLERICAL
$85 Per Hour
RJM Design Group, Inc. Page B-2 8_12