HomeMy WebLinkAbout08 - Sunset Ridge ParkCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
April 12, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department Recreation Services Department
Lloyd Dalton, Principal Engineer Marie Knight, Director
949 - 644 -3328 949 - 644 -3151
Idalton @city.newport- beach.ca.us mknight @city.newport- beach.ca.us
SUBJECT: SUNSET RIDGE PARK — APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH RJM DESIGN GROUP, INC., FOR MASTER PLAN
SERVICES
RECOMMENDATION:
Approve a Professional Services Agreement in the amount of $70,000 with RJM Design
Group, Inc., and authorize the Mayor and the City Clerk to execute the Agreement.
PROJECT DESCRIPTION:
City staff desires to prepare a master plan for development of the proposed Sunset
Ridge Park. The park site will be on two parcels (a 13 -acre parcel and a 2 -acre parcel)
located along Pacific Coast Highway on both sides of Superior Avenue. The parcels
were purchased by the State many years ago for the Coastal Freeway (see Location
Map attached hereto). At present, the City is sponsoring legislation through Senator
John Campbell (SB 306) to ensure that, following the lease of these parcels, we can
control the larger parcel for at least 25 years instead of the 10 years that current law
allows. If passed by the Legislature and signed by the Governor, SB 306 would
become law on January 1, 2006. The 10 -year State Parks -City lease may be signed
within days or weeks.
Although the final amenities to be placed in the park are yet to be determined, the park
may consist of sports fields, tot lots, skate parks, natural and passive park areas,
restroom buildings, parking lots, lighting, and perhaps a pedestrian bridge to connect
the two sites. The development will require a considerable amount of grading, drainage
improvements, and perhaps an access road connecting westbound PCH to the site
through adjacent Banning Ranch property.
CONSULTANT SELECTION:
Staff desires to retain a landscape architecture consultant to provide a full range of
community outreach services and to prepare a master plan for the park. To do so,
professional qualifications were solicited from five firms with known expertise in park
design. Four firms responded, Staff reviewed their qualifications, past experience on
similar projects, availability, references, etc., and rated RJM Design Group, Inc., (RJM)
as the most qualified firm to do the work.
SUBJECT: Sunset Ridge Park — Approval of Professional Services Agreement with RJM Design Group, Inc., for
Master Plan Services
April 12, 2005
Page 2
SCOPE OF SERVICES:
RJM has proposed to provide planning; data collection; preliminary environmental,
biological and cultural reviews; a topographic and boundary surrey of the site; land use,
traffic and circulation analyses; schematic designs; and exhibits and reports for the
project as specified in SCOPE OF WORK, Exhibit A (included in the draft Professional
Services Agreement attached hereto). The planning will include two public workshops
and a public Y2 day onsite park awareness tour; meetings with City staff, neighboring
property owners and managers; and presentations to the Parks and Recreation
Commission, the Planning Commission, and the City Council. Alternative site
development schemes will be explored in order to determine the most desirable site
layout and develop consensus among the interested parties as to the overall nature of
the park, ease of access and egress, locations and types of ammenities, parking
locations, onsite circulation, aesthetics, landscaping, lighting, etc. RJM's services will
extend over the next six months, approximately.
FEES:
RJM has proposed to provide the scope of services listed above for $69,700, including
Optional Services a. and b. shown in FEE SUMMARY, Exhibit B (also included in the
Professional Services Agreement). A $300 budget is provided to pay for incidental
reimbursibles. RJM's Standard Hourly Fee Schedule is also included in Exhibit B.
FUNDING AVAILABILITY:
Funds to award the master plan services contract are available in the following accounts:
Account Name
Sunset Ridge Development
Park and Field Renovation
Submitted by:
C lWlnom 4
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
Prepared By:
., : Dalton,
Design
Account Number Amount
7015- C5100790 $59,960
7015- C4120431 $10,040
TOTAL $70,000
Attachments: Location Map
Professional Services Agreement
EATION DARTMENTVC,
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PROFESSIONAL SERVICES AGREEMENT WITH
RJM DESIGN GROUP, INC.,
FOR SUNSET RIDGE PARK MASTER PLAN
THIS AGREEMENT is made and entered into as of this day of
2005 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and RJM DESIGN GROUP, INC., a corporation whose address is 31591
Camino Capistrano, San Juan Capistrano, California, 92675 ( "Consultant'), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. Consultant is a planning /architecture firm that specializes in landscape
architecture and environmental planning, including development of community
park master plans.
C. City must prepare a master plan for the proposed Sunset Ridge Park, to be
located at the corner of Superior Avenue and West Coast Highway in the City of
Newport Beach.
D. City desires to engage Consultant to provide professional services for the master
plan, including preparation of a Final Master Plan Report and an Opinion of
Probable Construction Cost ('Project').
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project is Robert J. Mueting,
AIA, ASLA, president of RJM Design Group, Inc.
G. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, 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. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Fee Schedule
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
Seventy Thousand Dollars and no /100 ($70,000.00) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction, illustration and rendering charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of 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 Hourly Fee
Schedule as set forth in Exhibit B.
S. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Craig Sensenbach,
ASLA, 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 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.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide facilities for public meetings concerning the park plan.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City to
furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
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arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
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 Consultant
on 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 Project proceeds in a manner consistent with City's goals and
policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his duly
authorized designee informed on a regular basis regarding the status and
progress of Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates shall be approved by
City prior to commencement of performance of work. Current certification
of insurance shall be kept on file with City at all times during the term of
this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by City.
D. Coveraqe Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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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.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to Project, for the completion of Project by
others, or for any other project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
AutoCAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
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costs, contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) 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.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of return that City earned on its investments during
the time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
26. CONFLICTS OF INTEREST
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
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making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Craig Sensenbach, ASLA
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: 949 - 493 -2600
Fax: 949 - 943 -2690
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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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. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
12
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Mayor
for the City of Newport Beach
ATTEST: RJM DESIGN GROUP, INC.:
By: By:
LaVonne Harkless, Robert J. Mueting
City Clerk President
Attachments: Exhibit A — Scope of Services
Exhibit B — Hourly Fee Schedule
f: \users \pbw \shared \agreements \fy 04- 05 \drn- sunset ridge park.doc
13
SCOPE OF WORK
PART I: MASTER PLAN
PHASE 1.0 RESOURCE DOCUMENTATION
A.
Future Sunset Ridge
Park Site
Meet with City Staff to review, elaborate upon, and clarify the overall
objectives for the development of Sunset Ridge Park. We shall also
discuss the expected goals and criteria to be met within each phase of
our services. During this review, we shall determine appropriate
procedures to promote efficient working relationships and
communication among all participants who need to interact with the
Design Team.
We suggest the following logistical procedures be refined and further
determined with input from the City.
1. Participation of City Staff and Community Groups
Assist the City in laying the ground work for receiving community
input necessary to develop a comprehensive program to meet the
present and future needs of the City of Newport Beach.
B. Data Collection and Unification
Establish data base through review and analysis of existing pertinent
information. (City to provide the following documents)
1. Existing and proposed Infrastructure Plans (Street,
Sewer, Water, and Storm Drain)
2. Park and Recreation Element of the General Plan
1 Utility Easement Plans
4. Available /Existing Geologic, Hydrologic and
Agricultural Soils Reports
5. Adjacent Development Plans and Related
Environmental Reports.
6. Any other related documents or surveys.
C. Meet with City staff members to review adjacent development plans
to define project boundary, site access and circulation opportunities
and discuss City preferences for park operation and maintenance.
D. As an Optional Service our proposal has included a preliminary
overview of existing environmental /biological conditions. These
findings will be shared with the project team, presented at the
commurnty workshops and incorporated into the Park site's Master
Planning Phase. This assessment will provide for a preliminary
biological and cultural overview of existing conditions per the
following.
e -V461r A
1.
SCOPE OF WORK
1. PRELIMINARY BIOLOGICAL REVIEW (Optional Service)
The following scope of work and budget are predicated on a constraints -level
analysis of the approximately 15 -acre project area at Superior and Pacific Coast
Highway in Newport Beach.
This proposal does not include a scope of work or budget to conduct (1) focused
surveys for sensitive biological resources (e.g., California gnatcatchers); (2) a com-
prehensive biological assessment; and (3) additional technical consultation outside
the scope of this proposal. Although potential jurisdictional drainages or wetlands
that may occur on site will be identified and described in the letter report, this
scope of work does not include a formal jurisdictional delineation repo9rt; nor does
it include the processing of any jurisdictional authorizations (e.g., U.S %Arrny Corps
of Engineers permit, Water Quality Certification, Streambed Alteration Agree-
ment, Coastal Development Permit [CDP]). If oar sub - consultant should find that
these are needed or that there are biological resources present that would necessi-
tate further analysis and study, we can provide you with a separate proposal for
that work.
a. Records Searches/ Literature Review
Execute a biological resource records search using RareFind 3 (California
Natural Diversity Data Base) and the California Native Plant Society's
Electronic Inventory. In addition, our Project Team will review any
available technical biological documentation that has already been
prepared and pertains to the project area.. This information Nvill be used
for the subsequent site visit.
b. Site Visit
A biologist on our sub - consultant team will conduct a reconnaissance -
level survey of the proposed project area to identify any existing or
potential biological constraints to the potential development of the subject
property. The location of any biological onstraints observed on site will
be mapped along with the existing plant communities
c. Documentation
Following the site visit, our sub - consultant will prepare a letter report
describing the field methods used and the results of the biological
constraints analvsis. The documentation will not contain an exhaustive
analysis of all individual resources that may occur on site or immediately
adjacent to the project area; instead, the report will focus on the key bio
logical issues (e.g., wetlands, sensitive species) that may be constraints to
site development. If specific constraints are identified on site, we will also
prepare and attach to the letter report, a graphic displaying the location of
these biological constraints. Our proposal has also included the
preparation and submittal of a vegetation map showing the evsting plant
communities on site.
2
SCOPE OF WORK
%'v'hen complete, the report will be presented in draft form for City
review. We anticipates submittal of a draft letter report for your
review within 30 days of receiving the requested materials (e.g., aerial
photograph). This schedule takes into consideration the time it takes
to complete a site visit and the time needed to prepare the letter
report. Upon receipt of your comments, if any, we will finalize the
letter report. We do not anticipate the need for extensive revisions. If
extensive revisions are requested that are beyond the scope of this
proposal, we will require additional compensation.
2. PRELIMINARY CULTURAL REVIEW (Optional Service)
Our sub - consultant's cultural and paleontological resources staff has worked
extensively with the City of Newport Beach on several projects including the
Bonita Canyon Sports Park, MacArthur Avenue Widening Project, and the
Bayview Park development project. All of these projects have had significant
cultural resource issues that were discovered during project construction.
Our environmental sub - consultant will conduct a cons tnin_ts_level-analysis of
the Sunset Ridge Park Site. This analysis will include completion of a records
search through the South Central Coastal Information Center to obtain known
archaeological site and survey information. The results of the records search
will identify whether known archaeological sites are located within the project
area and will also identify whether the project area has been previously sur-
veyed. We will the conduct an assessment -level survey of the project area to
examine the parcel for the presence/ absence of cultural and paleontological
resources. A report of the findings of these two tasks will be developed and
presented to the City of Newport Beach. The constraints analysis conducted is
budgeted based on negative findings and may or may not be sufficient to meet
the ultimate CEQA requirements for cultural resources. If resources are identi-
fed during the analysis, additional cultural resource work will be required prior
to and during project construction.
Sunset Ridge Aerial
SCOPE OF WORK
PHASE 2.0 OPPORTUNITY AND CONSTRAINT EXHIBIT/
WORKSHOP NO. 1
A. Conduct comprehensive site analysis with City Staff and
Design Team Members.
The detailed Site Analysis Phase shall analyze the existing site
and adjoining land uses. The critical region of investigation
shall be focused upon the immediate site and those sites
physically adjacent to Sunset Ridge Park.
1. Upon completion of the site analysis, an opportunity and
constraint exhibit will be prepared at an appropriate scale
together with a detailed photo board depicting the existing
site elements and characteristics.
2. Traffic: Our proposal has provided for.
a. a review and assessment of the effect on traffic
circulation and activity on Pacific Coast Highway and
Superior Avenue. This issue will be reviewed and
assessed as it relates to potential park access and
egress as well as potential circulation and traffic pat-
terns on -site.
b. a preliminary traffic analysis will assess the need to
provide emesgencz access (police and fire protection)
and operate a public facility.
4.
SCOPE OF WORK
3. Land Use and Circulation
Surrounding land use, including proposed and /or projected residential
development shall be documented.
a. Existing and projected zoning, master plans, and land use shall be
analyzed for the immediate area (including latest General Plan
recommendations)
b. The relationship between the Sunset Ridge Park site, and existing/
projected uses in the immediate area, including pedestrian and
vehicular traffic patterns, and trail connections to existing or potential
trails or waIways shall be studied. This review will identify the con-
straints and potential opportunities associated with the park
property being bisected by Superior Avenue.
4. Site Utilities
Based upon utility information provided by the City (sewer, gas, domestic
water, reclaimed water, electrical, telephone, storm drainage)
a. Review existing utility data adjacent to and through the site.
b. Compile a utility availability map showing existing utilities and their
locations.
5,
SCOPE OF WORK
5. On -Site Studies
Conduct site visit with City Staff to study opportunities, constraints,
surrounding environment and adjacent relationships..
a. Research site specific environmental conditions including:
• Topography
• Vegetation /Plant Communities
• Wildlife
• Cultural Resources
• Drainage Considerations
• View Opportunities
• Sun Exposures
• Wind Exposures
6. Land Form and Geotechnical Data
Review major land and soils factors which sliall affect the design. The project
team will analyze the site topography and existing conditions. This information
will serve as a base plan for the workshop activities as well as for the projects
continued planning through design and com;truction document phases. The
following products shall be required from the City at this time:
a. Aerial Survey with horizontal and vertical control (as available)
This topograplc map will be utilized throughout die project's design.
This digital survey should indicate existing V contours, existing
hardsccape, street improvement, fencing, walls, structures, vegetation,
etc. Digital mapping of this information should be provided at a scale
of 1' =20'. Should this topographic survey not be available, our
proposal has provided for this survey as an optional service, as noted
in the fee schedule.
b. Existing Sire Geotechnical and Structural Sods Report (as available)
7. Prelimuiary Environmental Constraints Review (Optional Service)
onjunc"on with the optional environmental services noted in Phas ,
our pr sal has prow tied for the analysis of potential env ronment
concerns rely o the proposed project could ndude traffic ting, effects
on the surround ng s, and potential impacts to arch ogical and biologi-
cal resources. We w ll revte a Master Plan Alt atives developed during
Phase 3.0 of our Project Scope to st the olect team in identifying poten-
tial significant impacts and impact av ' . strategies if feasible. Our envi-
ronmental sub - consultant will t with City o wport Beach staff and the
consultant team to dete e the level of CEQA doc tation that would be
required. The pro will be a written meeting summary le o the City of
Newport B staff outlining the issues reviewed, potential solutto .s-
cusse nd a recommendation of which type of CEQA document woul
quired for the project.
6.
SCOPE OF WORK
the City of Newport Beach, a scope of work and
die project -level enviro is an cument preparation will
be submitted. A s an udget can for die prepara-
e P application as well, if requested.
B. Conduct Workshop #1. (This workshop shall be announced and
noticed by the City of Newport Beach as deemed appropriate with
City policy (i.e. newspaper, cable television, signage on -site, etc.)
During our programming phase a design workshop will be conducted
involving a site awareness tour, park program discussions and a design charette
for the park master plan. The workshop will involve City Staff, Community
Participants and any other special interest groups. The Programming Phase is
an intensive and concentrated scenario of site planning, area projections, and
functional relationships. The Programming Phase is one of the most
important aspects of the entire project in that it shall establish the immediate
foundation and relationships for all park components.
1. Prepare base plans at appropriate scale of the project site.
2. Site Scores /(Site Workshop Activities)
a. Prepare draft site scores for site workshop.
3. Prepare .workbook for site awareness tour including refined
site scores.
a. Field test workbook and refine as necessary.
1. The consultant shall conduct a 1 /3 -dav park awareness tour and design
charette in a workshop setting for up to 50 participants. The steps
involved with this workshop are suggested to be as follows:
a. Conduct awareness tour on -site during design workshop.
b. Conduct design charette.
c. During the workshop, develop (3 to 5) site plan
alternatives for the park at diagrammatic level.
7.
SCOPE OF WORK
PHASE 3.0 DIAGRAMMATIC ALTERNATIVES AND
PRELIMINARY MASTER PLAN
A. Based upon information obtained through Workshop #1, prepare
Conceptual Master Plan Bubble Diagram Alternatives at appropriate
scale. These plans will diagramatically indicate the preferred activities
intended for the park as identified by the workshop participants.
These diagramatic park plans will then be evaluated to identify park
activities and elements which are concensus items. Components
which are common to the various workshop plans will be indicated on
a diagramatic concensus plan for the park development.
B. Meet with City staff and Project Committee to review Conceptual
Master Plan Diagrams to evaluate project goals, pros and cons of each
alternative plan, and concur regarding the concensus diagramatic plan.
C. Prepare Preliminary Master Plan based on approved concensus plan
and City direction. This exhibit will be an illustrative plan prepared at
an appropriate scale to conceptually indicate proposed improvements
on -site. Specifically, both active and passive areas, parking areas, and
on -site circulation will be addressed. These program elements will be
identified as a result of the workshop process and development of
consensus program elements. Site sections will be developed at critical
areas of the plan to clearly illustrate adjacencies and relationships of
areas both on and "off- site" (i.e. adjacent residential, Pacific Coast
Highway, Superior Avenue)
S.
SCOPE OF WORK
D. Submit Preliminary Master Plan plan to staff for review and comment.
E. Revise Preliminary Master Plan based on City Staff comments.
F. Prepare Power Point Presentation of process, products and final mas-
ter plan recommendations.
G. Conduct Workshop #2. It is the goal of this workshop to meet with
workshop #1 participants to present the Preliminary Master Plan and
solicit additional feedback..
PHASE 4.0 MASTER PLAN
A. Prepare Final Master Plan based on Community and City input.
B. Prepare Preliminary Opinion of Probable Construction Cost based
upon the park Master Plan.
C. Prepare brief Master Plan Report.
D. Meet with Staff and Project Committee to review Master Plan Report
and Opinion of Probable Construction Cost, prior to presentation of
the Parks and Recreation Commission, Planning Commission and City
Council.
E. Submit Final Master Plan Report, and Statement of Probable
Construction cost to the City for processing and approval.
1. Attend (1) Park and Recreation Commission Meeting
2. Attend (1) Planning Commission Meeting
3. Attend (1) City Council Meeting
a
Preliminary Project Schedule
Statement of Concurrence
MONTHS
Due to our sincere interest in this project, Design Team members
will arrange their schedules to undertake this project in the most
most efficient and expeditious manner in conformance with the
City's schedule
ONE TWO THREE FOUR FIVE
1. PHASE 1: MASTER PLAN
NINE
NINE
soon
soon
SEEN
Phase 2.0 Opportunities and
Phase 0 Preliminary Master Plan
NINE
long
loss
none
11
■
lolling
INS
so
Phase r Master Plan
City Review
1 -5 6 7 -8 9 10 11
1 City staff meeting #1 - project start-up
2 Prepare refined preliminary project schedule
3 Prepare aerial survey and topography mapping
4 Conduct site survey to verify existing conditions
5 Review available documents
6 Prepare comprehensive site analysis exhibit
7 Conduct Workshop
8 Prepare consensus master plan
9 Prepare cost estimates and phasing exhibit
10 Prepare for and attend presentation to City Council
11 Prepare for and attend presentation to City Council
FEE SUMMARY
FEESCHEDULE
It is the objective of our Design Team to provide the most comprehensive, yet efficient approach
to the development of Sunset Ridge Park. We have structured Fee Schedule consistent with the
phases of work identified in the project scope.
Part I: Master Plan
Phase 1.0 Resource Documentation $ 7,095
Phase 2.0 Opportunity and Constraint Exhibit /Workshop #1 $ 23,505
Phase 3.0 Preliminary Master Plan Altematives $ 9,460
Phase 4.0 Master Plan S 18 280
Master Plan Total: $ 58,340
Optional Services
a Preliminary Biological and Cultural Review
(Phase 1.0, D) $5,610
b. Aerial Topography /Field Survey(Phase 2.0 Item 6a) $5,750
..
Note; The Master Plan fee summary represents our current understanding of the project scope
and anticipated complexity for the Sunset Ridge Park project. We would welcome the opportunity
to meet with you to discuss our approach to this Scope of Work, review all available site informa-
tion and revise our scope and fees as necessary to more accutaely meet the needs of the City of
Newport Beach.
In order to save consultant mark -up on reprographic, printing, and photographic expenses, it is
our suggestion that a City account be established at a local blueprint company for Sunset Ridge
Park. This will save the City approximately 10 -20% (City discount and consultant mark -up).
ADDITIONAL SERVICES
The following items shall not be a part of the fee identified in the payment section above,
but shall be reimbursable to RJM Design Group.
A. Additional meetings and site visits as authorized by the City of Newport Beach,
B. Preparation of Topographic and Boundary information. (Noted as an optional
item in the Fee Schedule)
C. Preparation of community notification information and notifications for
Workshops.
D. Environmental Impact Report, if required, shall be provided under separate
contract.
E. Any requested changes to the drawings as a result of agency /formal review shall
be provided per the standard hourly fee schedule.
F. Changes to site plan after authorization to proceed with final master plan and
RJM Design Croup having begun work, shall be in accordance with the standard
hourly fee schedule.
10.
EXHIBIT B
FEE SUMMARY
STANDARD HOURLY FEE SCHEDULE
The Client agrees to pay Consultant as compensation for all authorized work included in the Scope
of Work heretofore stated, at the hourly rates below.
= Design Group. Inc.
PRINCIPAL LANDSCAPE ARCHITECT
$130 - $150.00
ASSOCIATE LANDSCAPE ARCHITECT
$110 - $120.00
PROJECT LANDSCAPE ARCHITECT
$95 per hour
CADD /OPERATOR
$75 - 85 per hour
DRAFISPERSON
$65 per hour
WORD PROCESSOR
$50 per hour
AUSTIN -FOUST
PRINCIPAL
$155.00 per hour
ASSOCIATE
$150.00 per hour
DESIGN ENGINEER
$110.00 per hour
TRANSPORTATION PLANNER
$ 90.00 - $120.00 per hour
TRANSPORTATION ENGINEER
$100.00 per hour
TRANSPORTATION ANALYST
$ 85.00 - $95.00 per hour
DESIGN DRAFTER
$ 95.00 per hour
TECHNICAL /CLERICAL
$ 65.00 per hour
MCE Consultants
Principal
$120.00 per hour
Project Manager
$100.00 per hour
Project Engineer
$ 90.00 per hour
Project Surveyor
$ 90.00 per hour
Design Engineer
$ 80.00 per hour
Computer Draftsperson
$ 60.00 per hour
Project Assistant
$ 50.00 per hour
3 -Man Survey Crew
$220.00 per hour
2 -Man Survey Crew,
$180.00 per hour
Expert Witness (Trial and Deposition)
$250.00 per hour
J..50
PRINCIPAL
$120.- $225. per hour
ASSOCIATE /PROJECT MANAGER
$75.- $160. per hour
ASSISTANT PROJECT MANAGER
$75. - $160.per hour
PRINCIPAL INVESTIGATOR /PROJECT SCIENTIST
$50. - $125. per hour
ENVIRONMENTAL ANALYST /ASST. PLANNER
W. - $85. per hour
FIELD DIRECTOR (ARCHAEOLOGY /PALEONTOLOGY
$50. - $100. per hour
RESEARCH ASSISTANT /TECHNICI),N
$25.- $50. per hour
FIELD CREW
$35. - $75 per hour
GRAPHICS
$70. - $100 per hour
OFFICE ASSISTANT
W. - $75 per hour
WORD PROCESSING
$60. - $85 per hour
Billings for all time and materials and contract extension work shall be in accordance with the level of work
performed and will be broken into the categories listed above.
FEE ESCALATION:
Fees will be escalated each August 1st in accordance with any increase in the Consumer's Price Index or other
mutually agreed upon cost index. Beginning with August 1, 2005.
AU provisions for escalations stated, pertain to all contract extension and additional work.
PROFESSIONAL SERVICES AGREEMENT WITW'�,Lv u '
RJM DESIGN GROUP, INC., Ll - 1 -L� - U j
FOR SUNSET RIDGE PARK MASTER PLAN
THIS AGREEMENT is made and entered into as of this day of
2005 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and RJM DESIGN GROUP, INC., a corporation whose address is 31591
Camino Capistrano, San Juan Capistrano, California, 92675 ( "Consultant'), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. Consultant is a firm that specializes in landscape architecture and environmental
planning, including development of community park master plans.
C. City must prepare a master plan for the proposed Sunset Ridge Park, to be
located at the corner of Superior Avenue and West Coast Highway in the City of
Newport Beach.
D. City desires to engage Consultant to provide professional services for the master
plan, including preparation of a Final Master Plan Report and an Opinion of
Probable Construction Cost ( "Project').
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project is Robert J. Mueting,
AIA, ASLA, president of RJM Design Group, Inc.
G. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, 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. City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Fee Schedule
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
Seventy Thousand Dollars and no /100 ($70,000.00) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
2
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction, illustration and rendering charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of 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 Hourly Fee
Schedule as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Craig Sensenbach,
ASLA, 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 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.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
0
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide facilities for public meetings concerning the park plan.
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 consistent with
normal professional standards for the type of services performed by
Consultant. All services shall be performed by qualified and experienced
personnel who are not employed by City, nor have any contractual
relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City to
furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, reasonable attorney's fees, disbursements and court costs) of
■
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to any work
negligently performed or services negligently provided under this Agreement
(including, without limitation, defects in workmanship or materials and/or design
defects [if the design originated with Consultant]) or Consultant's presence or
activities conducted on Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
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 Consultant
on 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 Project proceeds in a manner consistent with City's goals and
policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of 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 jpdpr to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates shall be approved by
City prior to commencement of performance of work. Current certification
of insurance shall be kept on file with City at all times during the term of
this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by City.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change, or ten (10) calendar
days written notice for non - payment of premium. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City, or ten (10) calendar days written notice in the
event of non - payment of the premium.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
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implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to Project, for the completion of Project by
others, or for any other project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
City's digital submission requirements for Improvement Plans. City will provide
Auto CAD file of City Title Sheets. All written documents shall be transmitted to
City in City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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21. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) 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.
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 paragraph is
intended to limit City's rights under 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 Project.
25. CONFLICTS OF INTEREST
Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
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harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Craig Sensenbach, ASLA
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: 949 - 493 -2600
Fax: 949 - 943 -2690
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily 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
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30.
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33.
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
COMPLIANCE WITH LAWS
Consultant shall at its own cost and expense comply with all applicable statutes,
ordinances, regulations and requirements of governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted,
until such time as Consultant completes its services as required under this
Agreement. 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.
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.
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.
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.
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.
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.
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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.
EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
r
Fi
Robin Clauson
City Attorney
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
RJM DESIGN GROUP, INC.:
M
Robert J. Mueting
President
Attachments: Exhibit A — Scope of Services
Exhibit B — Hourly Fee Schedule
f: \users \pbw \shared \agreements \fy 04- 05 \rjm- sunset ridge park.doc
13
rAPIRJM
F DESIGN GROUP, INC.
PLANNINGAND LANDSCAPE ARCHITECTURE
February 22, 2005
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92658-8915
Re: RFP - Sunset Ridge Park
Dear Mr. Dalton:
RJM Design Group, Inc., is pleased to submit our proposal to provide professional design services for the
Sunset Ridge Park project for the City of Newport Beach.
The firm of RJM Design Group, Inc. specializes in landscape architecture and environmental planning.
Recent experience includes projects involving urban design, redevelopment, and community park master
planning.
Our Design Team has also recently completed community park master plans for the cities of Anaheim,
Mission Viejo, Rancho Cucamonga, Temecula, Dana Point, Long Beach, and Lake Elsinore. Included in our
proposal is our firm understanding of the project and a plan for completing the design improvements in an
organized and efficient a manner.
Again, we would like to express our keen interest in being considered for this important project and look
forward to your review and evaluation of our proposal for this project. In the meantime, thank you for
providing us this opportunity to present our methodology to you. We look forward to the opportunity to
further discuss our approach and capabilities with you.
Sincerely,
RJM Design Group, Inc.
Robert J. Mueting, AIA, ALSA
Principal
EXHIBIT A
31591 CAMINO CAPISTRANO • SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (949) 493 -2600 • FAX (949) 493 -2690
2398 FAIR OAKS BLVD., SUITE 1B • SACRAMENTO, CALIFORNIA 95825 • (916) 974 -7050 FAX (916) 974 -7049
SCOPE OF WORK
PART I: MASTER PLAN
PHASE 1.0 RESOURCE DOCUMENTATION
A.
Future Sunset Ridge
Park Site
Meet with City Staff to review, elaborate upon, and clarify the overall
objectives for the development of Sunset Ridge Park We shall also
discuss the expected goals and criteria to be met within each phase of
our services. During this review, we shall determine appropriate
procedures to promote efficient working relationships and
communication among all participants who need to interact with the
Design Team.
We suggest the following logistical ptocedures be refined and further
determined with input from the City.
1. Participation of City Staff and Community Groups
Assist the City in laying the ground work for receiving community
input necessary to develop a comprehensive program to meet the
present and future needs of the City of Newport Beach.
B. Data Collection and Unification
Establish data base though review and analysis of existing pertinent
information. (City to provide the following documents)
1. Existing and proposed Infrastructure Plans (Street,
Sewer, Water, and Storm Drain)
2. Park and Recreation Element of the General Plan
3. Utility Easement Plans
d. Available /Existing Geologic, Hydrologic and
Agricultural Soils Reports
S. Adjacent Development Plans and Related
Environmental Reports.
6. Any other related documents or surveys.
C. Meet with City staff members to review adjacent development plans
to define project boundary, site access and circulation opportunities
and discuss City preferences for park operation and maintenance.
D. As an Optional Service our proposal has included a preliminary
overview of existing environmental /biological conditions. These
findings will be shared with the project team, presented at the
community workshops and incorporated into the Park site's Master
Planning Phase. This assessment will provide for a preliminary
biological and cultural overview of existing conditions per the
following.
1.
SCOPE OF WORK
1. PRELIMINAR'Y' BIOLOGICAL REVIEW (Optional Service)
The folio omg scope of work and budget are predicared on a constraints -level
analysis of the approximately 15 -acre project area at Superior and Pacific Coast
Highway in Newport Beach.
This proposal does not include a scope of work or budger to conduct: (1) focused
surveys for sensitive biological resources (e.g., California gnatcatchers); (2) a com-
prehensive biological assessment; and (3) additional technical consultation outside
the scope of this proposal. Although potential jurisdictional drainages or wetlands
that may occur on site will be identified and described in the letter report, this
scope of work does not include a formal jurisdictional delineation repogrt; nor does
it include the processing of any jurisdictional authorizations (e.g., U.S/Army Corps
of Engineers permit, Water Quality Certification., Streambed Alteration Agree-
ment, Coastal Development Permit [C:DP]). if our sub - consultant should find that
these are needed or that there are biological resources present that would necessi-
tate further analysis and study, we can provide you mith a separate proposal for
that work.
a. Records Searches/ Literature Review
Execute a biological resource records search using RareFind 3 (California
Narural Diversity Data Base) and the California Native Plant Society's
Electronic Inventorv. In addition, our Project Team gill review any
available technical biological documentation that has already been
prepared and pertains to the project area. This information will be used
for the subsequent site visit.
b. Site Visit
A biologist on our sub - consultant team «ill conduct a reconnaissance -
level survey of the proposed project area to identify any existing or
potential biological constraints to the potential development of the subject
property. The location of any biological constraints observed on site w ll
be mapped along with the existing plant communities
c. Documentation
Following the site visit, our sub - consultant w ll prepare a letter report
describing the field methods used and the results of the biological
constraints analysis. The documentation will not contain an exhaustive
analysis of all individual resources that may occur on site or immediately
adjacent to the project area; instead, the report.will focus on the key bio.
Kcal issues (e.g., wetlands, sensitive species) that may be constraints to
site development. If specific constraints are identified on site, we will also
prepare and attach to the letter report, a graphic displaying the location of
these biological constraints. Our proposal has also included the
preparation and submittal of a vegetation map showing the existing plant
communities on site.
SCOPE OF WORlL
When complete, the report kill be presented in draft form for City
review. We anticipates submittal of a draft letter report for your
review with n 30 days of receiving the requested materials (e.g., aerial
photograpb). This schedule takes into consideration the time it takes
to complete a site visit and the time needed to prepare the letter
report. IJ on receipt of your comments, if any, %ve will finalize the
letter report. We do not anticipate the need for extensive revisions. If
extensive revisions are requested that are beyond the scope of this
proposal, we will require additional compensation.
2. PRELIMINARY CULTURAL. REVIEW (Optional Service)
Our sub - consultants ailtural and paleontological resources staff has worked
extensively -with the City of Newport Beach on several projects including the
Bonita Canyon Sports Park, MacArthur Avenue Widening Project, and the
Bayview Park development project. All of these projects have had significant
cultural resource issues that were discovered during project construction.
Our environmental sub- consultant will conduct a con _train s -level analysis of
the Sunset Ridge Park Site. 'hhis analysis will include completion of a records
search through the South Central Coastal Infornation Center to obtain known
archaeological site and survey information. The results of the records search
will identify whether known archaeological sites are located within the project
area and will also identify whether the project area has been previously sur-
veyed. We will the conduct an assessment -level survey of the project area to
examine the parcel for the presence /absence of cultural and paleontological
findings _
resources. ;\ report of the ndings of these two taste will be developed and
presented to the City of Newport Beach. The constraints analysis conducted is
budgeted based on negative findings and may or may not be sufficient to meet
the ultimate CEQA requirements for cultural resources. If resources are identi-
fied during the analysis. additional cultural resource work will be required prior
to and during project construction.
Sunset Ridge Aerial
3.
SCOPE OF WORK
PHASE 2.0 OPPORTUNITY AND CONSTRAINT EXHIBIT/
WORKSHOP NO. 1
A. Conduct comprehensive site analysis with City Staff and
Design Team Members.
The detailed Site Analysis Phase shall analyze the existing site
and adjoining land uses. The critical region of investigation
shall be focused upon the immediate site and those sites
physically adjacent to Sunset Ridge Park-
1. Upon completion of the site analysis, an opportunity and
constraint exhibit will be prepared at an appropriate scale
together with a detailed photo board depicting the existing
site elements and characteristics.
2. Traffic: Our proposal has provided for:
a. a review and assessment of the effect on traffic
circulation and activity on Pacific Coast HighwaS and
Superior Avenue. This issue will be reviewed and
assessed as it relates to potential park access and
egress as well as potential circulation and traffic pat -
tems on -site.
b. a preliminary traffic analysis will assess the need to
provide emergency access (police and fire protection)
and operate a public facility.
4.
SCOPE OF WORK
3. Land Use and Circulation
Surrounding land use, including proposed and /or projected residential
development shall be documented.
a. Existing and projected zoning, master plans, and land use shall be
analyzed for the immediate area ( ncluding latest General Plan
recommendations.)
b. The relationship between the Sunset Ridge Park site, and existing/
projected uses in the immediate area, including pedestrian and
vehicular traffic patterns, and trail connections to existing or potential
trails or walko ays shall be studied. This review will identifv the con-
straints and potential opportunities associated w th the park
property being bisected by Superior Avenue.
4. Site Utilities
Based upon utility information provided by the City (sewer, gas, domestic
water, reclaimed water, electrical, telephone, storm drainage)
a. Review existing utility data adjacent to and through the site.
b. Compile a utility availability map showing existing utilities and their
locations.
5.
SCOPE OF WORD.
On -Site Studies
Conduct site visit with City Staff to study opportunities, constraints,
surrounding environment and adjacent relationships.
a. Research site specific environmental conditions including
• Topography
• Vegetation /Plant Communities
• Wildlife
• Cultural Resources
• Drainage Considerations
View Opportunities
• Sun Exposures
•
Wind Exposures
6. Land Form and Geotechnical Data
Review major land and soils factors which shall affect the design. The project
team will analyze the site topography and existing conditions. This information
will serve as a base plan for the workshop activities as well as for the projects
continued planning through.design. and construction document phases. The
following products shall be required from the City at this time:
a. Aerial Survey with horizontal and vertical control (as available)
This topographic map will be utilized throughout the project's design.
This digital survey should indicate existing 1' contours, existing
hardsccape, street improvement, fencing, walls, structures, vegetation,
etc. Digital mapping of this information should be provided at a scale
of 1' =20'. Should this topographic survey not be available, our
proposal has provided for this survey as an optional service, as noted
in the fee schedule.
b. Existing Site Geotechnical and Structural Soils Report (as available)
7. Preliminary Environmental Constraints Review (Optional Service)
onjunc'on with the optional environmental services noted in Phas ,
our pr sal has prow ded for the analysis of potential env ronment
conce V-4E to the proposed project could include traffic ting, effects
rns
on the surrounding s, and potential impacts to arch ogical and biologi-
cal resources. We will revs e Master Plan Alt at ves developed during
Phase 3.0 of our Project Scope to st the ojeer team in identifying poten-
tial significant impacts and impact av strategies if feasible. Our envi-
ronmental sub - consultant will t with City o ewport Beach staff and the
consultant team to dete e the level of CEQA do ration that would be
required. The pro w ll be a written meeting summary left o he City of
Newport B staff ou l n ng the issues reviewed, potential solut o s-
cusse nd a recommendation of which type of CEQA document woul
for the project
9
SCOPE OF WORK
a he City of Newport Beach, a scope of work and
the project -level envuo.-un wis and C _ ocument preparation will
be subn tted. se an budget can d for the prepa a-
e P application as well, if requested.
B. Conduct Workshop #1. (This workshop shall be announced and
noticed by the City of Newport Beach as deemed appropriate with
City policy (i.e. newspaper, cable television, sigmage on -site, etc.)
During our programming phase a design workshop will be conducted
involving a site awareness tour, park program discussions and a design charette
for the park master plan. The workshop will involve City Staff, Community
Participants and any other special interest groups. The Programming Phase is
an intensive and concentrated scenario of site planning, area projections, and
functional relationships. The Programming Phase is one of the most
important aspects of the entire project in that it shall establish the immediate
foundation and relationships for all park components.
1. Prepare base plans at appropriate scale of the project site.
3. Site Scores /(Site Workshop Activities)
a. Prepare draft site scores for site workshop.
3. Prepare workbook for site awareness tour including refined
site scores.
a. Field test workbook and refine as necessary.
4- The consultant shall conduct a 1/2-dap park awareness tour and design
charette in a workshop setting for up to 50 participants. The steps
involved w th this workshop are suggested to be as follows:
a. Conduct awareness tour on -site during design workshop.
b. Conduct design charette.
c. During the workshop, develop (3 to 5) site plan
alternatives for the park at diagrammatic level.
7.
SCOPE OF WORK
PHASE 3.0 DIAGRAMMATIC ALTERNATIVES AND
PRELIMINARY MASTER PLAN
A. Based upon information obtained through Workshop #1, prepare
Conceptual Master Plan Bubble Diagram Alternatives at appropriate
scale. These plans will diagramatically indicate the preferred activities
intended for the park as identified by the workshop participants.
These diagramatic park plans will then be evaluated to identify park
activities and elements which are consensus items. Components
which are common to the various workshop plans will be indicated on
a diagramatic consensus plan for the park development.
B. Meet with City staff and Project Committee to review Conceptual
Master Plan Diagrams to evaluate project goals, pros and cons of each
alternative plan, and concur regarding the consensus diagramatic plan.
C. Prepare Preliminary Master Plan based on approved consensus plan
and City direction. This exhibit will be an illustrative plan prepared at
an appropriate scale to conceptually indicate proposed improvements
on -site. Specifically, both active and passive areas, parking areas, and
on -site circulation will be addressed. These program elements will be
identified as a result of the workshop process and development of
consensus program elements. Site sections will be developed at critical
areas of the plan to clearly illustrate adjacencies and relationships of
areas both on and "off- site" (i.e. adjacent residential, Pacific Coast
Highway, Superior Avenue)
S.
SCOPE OF WORK
D. Submit Preliminary Master Plan plan to staff for review and comment.
E. Revise Preliminary Master Plan based on City Staff comments.
F. Prepare Power Point Presentation of process, products and final mas-
ter plan recommendations.
G. Conduct Workshop #2. It is the goal of this workshop to meet with
workshop #1 participants to present the Preliminary Master Plan and
solicit additional feedback..
PHASE 4.0 MASTER PLAN
A. Prepare Final Master Plan based on Community and City input.
B. Prepare Preliminary Opinion of Probable Construction Cost based
upon the park Master Plan.
C. Prepare brief Master Plan Report
D. Meet with Staff and Project Committee to review Master Plan Report
and Opinion of Probable Construction Cost, prior to presentation of
the Parks and Recreation Commission, Planning Commission and City
Council.
E. Submit Final Master Plan Report, and Statement of Probable
Construction cost to the City for processing and approval.
I. Attend (1) Park and Recreation Commission Meeting
2. Attend (1) Planning Commission Meeting
3. Attend (1) City Council Meeting
a
Preliminary Project Schedule
Statement of Concurrence
Due to our sincere interest in this project, Design Team members
will arrange their schedules to undertake this project in the most
most efficient and expeditious manner in conformance with the
City's schedule
MONTHS ONE TWO THREE FOUR FIVE
1 -5 6 7 -8 9 10 11
1 City staff meeting #1 - project start-up
2 Prepare refined preliminary project schedule
3 Prepare aerial survey and topography mapping
4 Conduct site survey to verify existing conditions
5 Review available documents
6 Prepare comprehensive site analysis exhibit
7 Conduct Workshop
8 Prepare consensus master plan
9 Prepare cost estimates and phasing exhibit
10 Prepare for and attend presentation to City Council
11 Prepare for and attend presentation to City Council
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NINE
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NONE
1 -5 6 7 -8 9 10 11
1 City staff meeting #1 - project start-up
2 Prepare refined preliminary project schedule
3 Prepare aerial survey and topography mapping
4 Conduct site survey to verify existing conditions
5 Review available documents
6 Prepare comprehensive site analysis exhibit
7 Conduct Workshop
8 Prepare consensus master plan
9 Prepare cost estimates and phasing exhibit
10 Prepare for and attend presentation to City Council
11 Prepare for and attend presentation to City Council
FEE SUNLMARY
FEESCHEDULE
It is the objective of our Design Team to provide the most comprehensive, yet efficient approach
to the development of Sunset Ridge Park. We have structured Fee Schedule consistent with the
phases of work identified in the project scope.
Part I: Master Plan
Phase 1.0 Resource Documentation
Phase 2.0 Opportunity and Constraint Exhibit /Workshop #1
Phase 3.0 Preliminary Master Plan Alternatives
Phase 4.0 Master Plan
Master Plan Total:
Optional services
a Preliminary Biological and Cultural Review
(Phase 1.0, D) $5,610
b. Aerial Topography /Field Survey(Phase 2.0 Item 6a) $5,750
'(Phase2.0, Task ) xz, as r
.._
$ 7,095
$ 23,505
$ 9,460
$18,280
$ 58,340
Note; The Master Plan fee summary represents our current understanding of the project scope
and anticipated complexity for the Sunset Ridge Park project. We would welcome the opportunity
to meet with you to discuss our approach to this Scope of Work, review all available site informa-
tion and revise our scope and fees as necessary to more accutaely meet the needs of the City of
Newport Beach.
In order to save consultant mark -up on reprographic, printing, and photographic expenses, it is
our suggestion that a City account be established at a local blueprint company for Sunset Ridge
Park. This will save the City approximately 10 -20 °io (City discount and consultant mark -up).
ADDITIONAL SERVICES
The following items shall not be a part of the fee identified in the payment section above,
but shall be reimbursable to RJM Design Group.
A. Additional meetings and site visits as authorized by the City of Newport Beach.
B. Preparation of Topographic and Boundary information. (Noted as an optional
item in the Fee Schedule)
C. Preparation of community notification information and notifications for
Workshops.
D. Environmental Impact Report, if required, shall be provided under separate
contract.
E. Any requested changes to the drawings as a result of agency /formal review shall
be provided per the standard hourly fee schedule.
F. Changes to site plan after authorization to proceed with final master plan and
RJM Design Group having begun work, shall be in accordance with the standard
hourly fee schedule.
M
EXHIBIT B
FEE SUMMARY
STANDARD HOURLY FEE SCHEDULE
The Client agrees to pay Consultant as compensation for all authorized work included in the Scope
of Work heretofore stated, at the hourly rates below.
RTM Desi
PRINCIPAL LANDSCAPE ARCHITECT
$130 - $150.00
ASSOCIATE LANDSCAPE ARCHITECT
$110 - $120.00
PROJECT LANDSCAPE ARCHITECT
$95 per hour
CADD /OPERATOR
$75 - 85 per hour
DRAFTSPERSON
$65 per hour
WORD PROCESSOR
$50 per hour
AUSTIN-FOUST
$120.00 per hour
PRINCIPAL
$155.00 per hour
ASSOCIATE
$150.00 per hour
DESIGN ENGINEER
$110.00 per hour
TRANSPORTATION PLANNER
$ 90.00 - $120.00 per hour
TRANSPORTATION ENGINEER
$100.00 per hour
TRANSPORTATION ANALYST
$ 85.00 - $95.00 per hour
DESIGN DRAFTER
$ 95.00 per hour
TECHNICAL /CLERICAL
$ 65.00 per hour
T
Principal
$120.00 per hour
Project Manager
$100.00 per hour
Project Engineer
$ 90.00 per hour
Project Surveyor
- $ 90.00 per hour
Design Engineer
$ 80.00 per hour
Computer Draftsperson
$ 60.00 per hour
Project Assistant
$ 50.00 per hour
3 -Man Survey Crew
$220.00 per hour
2 -Man Survey Crew
$180.00 per hour
Expert Witness (Trial and Deposition)
$250.00 per hour
UVII
PRINCIPAL
$120. - $2215. per hour
ASSOCIATE /PROJECT MANAGER
$75. - $160. per hour
ASSISTANT PROJECT MANAGER
$75. - $160.per hour
PRINCIPAL INVESTIGATOR /PROJECT SCIENTIST
$50. - $125. per hour
ENVIRONMENTAL ANALYST /ASST. PLANNER
W. - $85. per hour
FIELD DIRECTOR (ARCHAEOLOGY /PALEONTOLOGY
$50. - $100. per hour
RESEARCH ASSISTANT /TECHNICIAN
$25. - $50. per hour
FIELD CREW
$35. - $75 per hour
GRAPHICS
$70. - $100 per hour
OFFICE ASSISTANT
$40. - $75 per hour
WORD PROCESSING
$60. - $85 per hour
Billings for all time and materials and contract extension work shall be in accordance with the level of work
performed and will be broken into the categories listed above.
FEE ESCALATION:
Fees will be escalated each August 1 st in accordance with any increase in the Consumers Price Index or other
mutually agreed upon cost index. Beginning with August 1, 2005.
All provisions for escalations stated, pertain to all contract extension and additional work.
11.