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HomeMy WebLinkAboutC-3766 - PSA for Sunset Ridge Park Master PlanPROFESSIONAL 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 62:tl, 2005 by and between the CITY OF NEWPORT BEACH, a Municipal Obrporation ( "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 comer 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: 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 9 0 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. 3 7. 91 a 0 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. 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. 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. 5 0 13. PROGRESS E 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. 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. 0 • • 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. 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. 7 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 pertorm 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 19 0 0 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 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. N • • 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 10 0 0 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 11 • information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 34. 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. 35. 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: Robin Clauson City Attorney ATTEST: By C LaVonne Ha {Tess, City Clerk CITY OF NE PORT BEA A Munici al o oratio i By: ayor for the City of Newport/ RJM QES-IgN GROUP, INC.: 11kri .T%� 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 February 22, 2005 RJA 0 DESIGN GROUP, INC. PLANNING AND LANDSCAPE ARCHITECTURE 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. Tlie fum 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 pluis 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 0 Establish data base through review and analysis of existing pertinent information. (City to provide the following documents) 1. Existing and proposed Inftastructure Plans (Street, Sewer, Water, and Storm Drain) z Park and Recreation Element of the General Plan 3. 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 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. PART I: MASTER PLAN PHASE 1.0 RESOURCE DOCUMENTATION A. 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 „ � N our services. During this review, we shall determine appropriate procedures to promote efficient working relationships and x, 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 Future Sunset Ridge Park Site 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 Inftastructure Plans (Street, Sewer, Water, and Storm Drain) z Park and Recreation Element of the General Plan 3. 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 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. 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 repoyrt; nor does it include the processing of any jurisdictional authorizations (e.g., U:SIArmy Corps of Engineers permit, Water Quality Certification; Streambed Alteration Agree- ment, Coastal Development Permit (CDP]). 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 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 will 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 constraints 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 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 wi11 focus.on tike key, bio, lo�ca1 issuees (e.g., wetands, sensitive species) that may be constraints to site development. If specific constraints are identified on site, we will also prepare and ittach 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. 2,. SCOPE OF WORK Ll When complete, the report will be presented in draft foam 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 oENewport 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 constraints -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 p =oject 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 2aleontologcal P g _ p d resources. A report of the findings of these two tax` cTs vrill be develo ed an 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 CEQ.9 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 0 0 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 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 (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 walkways 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 dra nage) a: Review existing utility data adjacent to and through the site. b. Compile a utility availability map showing existing utilitids 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 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 awalls, 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) onluncnon with the optional environmental services noted in Phas our pr sal has provided for the analysis of potential environmental concerns rely o the proposed ptoject:could inc on the surrounding s, and potential impacts to cal resources. We will rein e Master Plan _91tp Phase 3.0 of our Project Scope to t the dal significant impacts and impact av ronmental sub - consultant will t with City consultant team to der ' e the level of CE, required The p w�71 be 'a written meetii Newport B staff outlin ng the issues revii cusse d a recommendation of which type ed for the project. effects ives developed during m. in identifying poten- if feasible. Our envi- ort Beach staff and the ration that would be iy`le. o the City of 21 SCOPE OF WORK ® 0 the City of Newport Beach, a scope of work and the project -level envy o vsis an ocument prepara ion will be submitted. A se an budget can d for the 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, Communitg Participants and any other special interest groups. The Programming Phase is an intensive and concentrated scenario of site planning, area projections, and functional. xelationships. 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 tl.ctivities) 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 -day park awareness tour and design charenc 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 consensus 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) 8. 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 53 • V 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. PHASE 1: MASTER PLAN Constraints Exhibit/Workshop #1 in Phase 1 Preliminary Master 11111111111111110111 ,..,,.., mini.. ?I hase 4.0 Master Plan 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 FEE SCHEDULE 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 Exbibit /Workshop #1 $ 23,505 Phase 3.0 Preliminary Master Plan Alternatives $ 9,460 Phase 4.0 Master Plan 1$ 8 280 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 _E Iltel' ..,v_�....,_._.,,,,,.,.t CQnstgaints n04e '(Phase 2.0, Task ) 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 out 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 Group having begun work, shall be in accordance with the standard hourly fee schedule. IN 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 fam 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 DRAFTSPERSON $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 i $ 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 (Teal and Deposition) $250.00 per hour fpm 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 $40.- $85. per hour FIELD DIRECTOR (ARCHAEOLOGY /PALEONTOLOGY W. - $100. per hour RESEARCH ASSISTANT /TECHNICLAN $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. ERE ESC_AT.&=: Fees will be escalated each August 1 st in accordance with any increase in the Consumer's 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. R -29 -2905 Fax #: Y 15:21 FROM: 7149391654 CERTIFICATE OF IN CHECKLIST City of Newport Beach T�49 644 3318 ^ P.1/1 This checklist is comprised of requirements as outlined by the City of Newport Date Received: Dept. /Contact Received From; Date Completed: Sent to: Aayrl 'q Company /Person have certificate: - to F VP eacb B By: GENERAL LIABILITY A. INSURANCE COMPANY: f 7cfiLD�f C T UHF 71 1' B, AM BEST RATING (A: VII or greater): C, ADMITTED Company (Must be California Admitted); 2" Yes Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? /M, 7 Qa . E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): � _�� Is It included? 'Yes O No H. CAUTIOM (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include 'solely by negligence" wording? O Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certlfied mail; per Lauren Farley, the City will accept the endeavor wording, 11, AUTOMOBILE LIABILITY A. B. C. INSURANCE COMPANY: AM BEST RATING (A: VII i ADMITTED COMPANY (Must be California Admitted): Is Gompany admitted in California? Yes O No D. LIMITS (Must be $1 M min, BI & PD and $500,D00 UM): What is limits provided? ! A V E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is 4 included7 Q"Yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers onl Is it included;? A / © Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: AM BEST RATING (A: VII c C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include); Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO,-WHICH-ITEMS NEED TO BE COMPLETED? Yes ❑ No ❑ Yes ED No � ? % 2005 • CITY 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 P pproval of Professional Services Agreemen RJM Design Group, Inc., for Master Plan Se 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 survey 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 '/z 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: PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Prepared By: MUCRn, WK Account Number Amount 7015- C5100790 $59,960 7015- C4120431 $10,040 TOTAL $70,000 Attachments: Location Map Professional Services Agreement A LOCATION MAP for Sunset Ridge Park SEE SPECIAL P46E.424 -049 FOR FEET/7LE ASSESSMENT BELOW SURFACE 424-04 TR91.UPWAS . PUKPDfDRGDNIGECGll1f'/ ASSESSM DEPT, PIIRPQSED OHlY.1HE ASSES • SGfl LW�5lq GliVL1M f.L4 TDHSNIR mtS. WTTOMHEPROOMED. MHOIHERUSES. NDT1D ¢E flFPMIDUCED, flIGHfS P¢GERVED. � 03 / affJVYNHiM aP.WGECWHN A55E1¢d11CM, p TRACT .. . PYO. 7817 agAg PROJECT 93211 W O . Q ' ZJ. /IJAG v O 1 NA S", MA C vow O 10 N0. 463 � 041 P rZtP JC �� 'ORS �' EA✓x AR£Ewar oPp ® .2 04 . LUZ ------- .% �P�R +OR 8iRACTG S 0.32 t'1 A�C£31 RD PqY lOTO I M R.S EJ-1l TD Sbltir ' / PWC1 13 WY K' CDC / � � /. /ZdC - 3 NO. Z25 NIGNYh 'o aorac TRACT - • "Bd 7AAC Po,. L a O POR. Ot O ter✓ �. ✓1 Y.".r"� rf`S Old r --a— COAST u•.m' 114-�� -. mi 114 -2� H' 0 0 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 comer 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. • 0 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 0 E 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. 3 0 7. CITY'S RESPONSIBILITIES 40 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 El 10. 11 WA 0 • 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. 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. 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. 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. 61 • f 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. 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. 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 V E. 0 • 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). 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. 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. E 0 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 orjoint- 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. 93 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 E 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 10 0 0 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 11 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 • i 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 ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach 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: luserslpbwlsharedkagreementslfy 04.05VIm- sunset ridge park.doc 13 SCOPE OF WORK E El 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 die 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) ]. Existing and proposed Infrastructure Plans (Street, Seiner, Water, and Ste= Drain) 2. Park and Recreation Element of the General Plan 3. 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 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. eXNWIT A 1. 0 SCOPE OF WORK 0 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 repyrt, 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 [CDP]). 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 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 will 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 constraints 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 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, 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 existing plant communities on site. 2 SCOPE ON WORK ® • When complete, the report will be presented in draft form for City review. We anticipates submittal of a draft letter report for your review widen 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 tune needed to prepare the letter report. Upon receipt of your continents, 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 cot min4s_le�e1 analysis of the Sunset Ridge Park Sire. 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 die project area has been previously sur- veged. We will the conduct an assessment -level survey of the project area to examine die parcel for the presence /absence of cultural and paleontological resources. A report of the findings of these two iasEs vnll be developed and presented to the City of Newport Beath. The constraints analysis conducted is budgeted based on negative findings and may may not be sufficient to meet the ultimate CL- QA requirements for cultural resources. If resources are identi- fied during die analysis, additional cultural resource work will be required prior to and during project construction. 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 emergency access (police and fire protection) and operate a public facility. 4. SCOPE OF WORK 0 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 walkways 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. M SCOPE OF WORK 0 5. On -Site Studies 0 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 G. 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) onjunction with the optional environmental services noted in Phas , our pr al has provided for the analysis of potential environmen concerns rely o the proposed project could include traffi tiag, effects on the surrounding s and potential impacts to ogical and biologi- cal resources. We will revs a Master Plan Al atives developed during Phase 3.0 of our Project Scope to " t the lect team in identifying poten- tial significant impacts and impact av . strategies if feasible. Our envi- ronmental sub - consultant will t with .. o wport Beach staff and the consultant team to der a the level of CEQA d tation that would be required. The pro w71 be a written meeting summary le o the City of Newport B staff outlining the issues reviewed, potential soluno cusse d a recommendation of which type of CEQA document wo vi red for the project 1E SCOPE OF WORK C 0 the City of Newport Beach, a scope of work the project -level env-trot sis an current preparation will be submitted. A se an budget can d for the prepara- e P application as well, if requested. B. Conduct Workshop #1. (1 his 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 prograrruning phase a design workshop will be conducted involving a sire 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. I 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-day 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 die park at diagrammatic level. 7. SCOPE OF WORK E 0 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) 8. SCOPE OF WORK E E 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 9. Preliminary Project Schedule Statement of Concurrence 9 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 I. PHASE 1: MASTER PLAN ■ ■ ■■ ■ ■ ■■ ■ ■ ■■ ■ ■ ■■ ■ ■ ■■ Phasel.0 Resource Documentation ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ Constraints ExhibitlWorkshop #1 Phase 0 Preliminary Master Plan NINE loss ■■■■■■■■ 1111■■■ -,a: - ■■■■■■■■■■■■■■ 1111 1 -5 6 7-6 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 0 FEE SUMMARY 9 FEE SCHEDULE It is the objective of out 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 Alternatives $ 9,460 Phase 4.0 Master Plan $ 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 n..-4e '(Phase 2.0,'I'aak;� $33, 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 -201/0 (City discount and consultant mark -up). ADDITIONAL SERVICES The following items shalt 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. t0. EXHIBIT B FEE SUMMARY 0 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. R M DeajgaGtmtn. 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 DRAFTSPERSON $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 i $ 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 FW 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 $40. - $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 1st in accordance with any increase in the Consumer's 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. 0 0 "RECEIVED AFTER AGENDA PROFESSIONAL SERVICES AGREEMENT WITWRINTED:" t" R 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 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: 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. 0 0 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. • 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. 3 9 9 CITY'S RESPONSIBILITIES 0 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. 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. 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. M 0 13. PROGRESS P. 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. 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. • 0 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: • L 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. 7 15. 16. 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. 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. SUBCONTRACTING City. and Consultant agree that subconsuftants 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 0 • 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 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. E • • 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 • 1141 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 11 0 information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. 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. 29. 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. 30. 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. • 31. 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. 32. 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. 33. 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. • iY% 0 0 34. 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. �J • 35. 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: Robin Clauson City Attorney ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation AM Mayor for the City of Newport Beach 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. luserslpbwlsharedlagreementslfy 04- 051rlm- sunset ridge park.doc 13 -- RA DESIGN GROUP, INC. PLANNING AND 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 2399 FAIR OAKS BLVD., SUITE IB • SACRAMENTO, CALIFORNIA 95925 • (916) 974 -7050 - FAX (916) 974 -7049 ' 0 ® SCOPE Or WORK PART L• MASTER PLAN PHASE 1.0 RESOURCE DOCUMENTATION A. 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 cntena to be met within each phase of our services. During this review, we shall determine appropriate procedures to promote efficient working relationships and r communication among all participants who need to .imeractwith 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 Future Sunset Ridge Park Site Assist the Citv in la)ing 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 througb 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) Z. Park and Recreation Element of the General Plan 3. 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. Tbese 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: 0 9 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 repoQrt; not 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 [CDP]). If our sub - consultant should find that these ate 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 will 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 constraints observed on site will be mapped along with the existing plant communities c. Documentation Following the site visit, out sub - consultant will 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;' log cal 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 letterreport, 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. 2-- • ® SCOPE OF WORK C L When complete, the report will be presented in draft form for City review. anticipates submittal of a draft letter report for your review within 30 days of receiving the requested materials (e.g., aerial photograph). "1$is 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 mricipate 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 Parr MacArthur Avenue Widening Project, and the Bayview'Parl: development project All of these projects have had significant cultural resource issues that were discovered during project construction. Out environmental sub - consultant will conduct a constraints, 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 aleontol2glcal, resources. .A report of the Endings of these two tas 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 ultitnate CEQA requirements for cultural resources. If resources are identi- Bed during the analysis, additional cultural resource work will be required prior to and during project construction. Sunset Ridge Aerial 93 SCOPE OF WORK PHASE 2.0 OPPORTUNITY AND CONSTRAINT EXHIBIT/ WORKSHOP NO. I 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 Out 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 emergency access (police and fire protection) and operate a public facility. 11 F- 11L ® 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 walkways 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. E b. Compile a utility availability map showing existing utilities and their locations. >. SCOPE OF WORK 0 5. On -Site Studies 0 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, fencing1 wallsi structures, vegetation, etc. Digital mapping of this information sbould 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) ,, onjunct on with the optional emitonmental services noted in Phas our pr al has provided fox the analysis of potential environmen concerns rdiftAjo the proposed project could include traffi i ting, effects on the surrounding s and potential impacts to azch ogical and biolo6- cal resources. We will revs a Master Plan Alt atives developed during Phase 3.0 of our Project Scope to t the lect team in identifying poten- tial significant impacts and impact av ' strategies if feasible. Our envi- ronmental sub - consultant will with City_ o . ort Beach staff and the consultant team to de a the level of CEQA do 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 soluno , 's- cusse d a recommendation of which typeof CEQA twouicrm woul aired for the project 6. u • • ® SCOPE OF WORK O LJ v the City of NewPori Beach, a scope of work and l the project -level ena= onn ysis an owment preparation will be submitted A se p + ati budget can rd for the prcpani e P application as wcIL if requested. B. Conduct Workshop #1. (Ms 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 �ull 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 /(SiteWorkshop 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 -day park awareness tour and design charette in a workshop setting for up to 50 participants. The steps involvedwith 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 j) site plan alternatives for the park at diagrammatic level. 7. SCOPE OF WORK 11 PHASE 3.0 DIAGRAMMATIC ALTERNATIVES AND PRELIMINARY MASTER PLAN A. Based upon information obtained through Workshop #1, prepare Conceptual Master Plan Babble 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 dearly illustrate adjacencies and relationships of areas both on and "off- site" (.e. adjacent residential, Pacific Coast Highway, Superior Avenue) 8. • SCOPE OF WORK 0 0 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 • 9. 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. PRASE 1: MASTER PLAN Phasel.0 Documentation ,o.n . .■ . '. Phase r •.p ■111, ■■1.1,1■ Monosson Constraints . .. ■s ■onsonsion■■ Phase 3.0 • loss lose 1101®1111 memo Alternatives millions common Phase 4.0 Master Plan 111111110110 on millions loss Bill MINN. 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 0 u E 0 FEE SUMMARY 0 FEE SCHEDULE 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 Alternatives $ 9,460 Phase 4.0 Master Plan 18 8.280 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 '(PSase -2.9, Taste 7) $31158 .Part H n i b bl All .-nee Estieaate Part 1.6 4sster Plan On" $ 5,880 �Ineiusian of r z 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 out approach to this Scope of Work, review all available site informa- tion and revise out 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 -201/6 (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. EXHIBIT B 10. t i FEE SUMMARY $120. - $225. per hour • $75. - $160. per hour STANDARD HOURLY FEE SCHEDULE $75.- $160.perhour PRINCIPAL INN=GATOR/PROJECT SCIENTIST The Client agrees to pay Consultant as compensation for all authorized work included in the Scope ENVIRONMENTAL ANALYST /ASST. PLANNER of Work heretofore stated, at the hourly rates below. FIELD DIRECTOR (ARCHAEOLOGY /PALEONTOLOGY $50.- $100. per-hour J( esign Czwo.Inc. RJ�U D $25.- $50. per hour FIELD CREW PRINCIPAL LANDSCAPE ARCHITECT $130- $150.00 $70. - $100 per hour ASSOCIATE LANDSCAPE ARCHITECT $110 -$120.00 WORD PROCESSING PROJECT LANDSCAPE ARCHITECT $95 per hour CADD /OPERATOR $75 - 85 per hour DRAFTSPERSON $65 per hour WORD PROCESSOR $50 per hour AUSITN -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 pet hoax • Computer Draftsperson $ 60.00 per hour Project Assistant $ 50.00 per hour 3 -Man Survey Crew $220.00 per hoax 2 -Man Survey Crew $180.00 per hour Expert Witness (Trial and Deposition) $250.00 pex hour Um PRINCIPAL $120. - $225. per hour ASSOCIATE /PROJECT MANAGER $75. - $160. per hour ASSISTANT PROJECT MANAGER $75.- $160.perhour PRINCIPAL INN=GATOR/PROJECT SCIENTIST $50. - $125. per hoax 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 W. - $75 per hour WORD PROCESSING $60. - $85 per hour Biilliogs 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 fisted above. FEE ESCALATION: Fees will be escalated each August 1 st in accordance with any increase in the Consumer's 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.