HomeMy WebLinkAboutC-3806 - Mariners Park Improvements - Landscape Architecture0 C ADG
PROFESSIONAL SERVICES AGREEMENT WITH
RJM DESIGN GROUP, INC., FOR
MARINERS PARK IMPROVEMENT LANDSCAPE ARCHITECTURE
THIS AGREEMENT is made and entered into as of this W* day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and RJM DESIGN GROUP, INC., a California 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. City is planning to improve and redevelop Mariners Park.
C. City desires to engage Consultant to provide landscape architectural services,
hereinafter referred to as "Project ", for the park improvement and redevelopment.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Robert J.
Mueting, ASLA.
F. 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 3151 day of December, 2008, 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
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Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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 Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Fifty Five Thousand Eight Dollars and no /100
($155,008.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 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 writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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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 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 performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert J. Mueting
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously fumish 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. Frank
Tran, PE shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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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 blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, 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,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
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expenses (including, without limitation, 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
the negligence, recklessness, or willful misconduct of the Consultant or 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. 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 goals and
policies.
13. PROGRESS
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Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, 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 must be approved by
City prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
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 (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
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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 the 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:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
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party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) 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 this 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. City is an intended beneficiary of any work performed
by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
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.
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 this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the 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
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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. 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/her 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 the law or 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
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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
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, 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: Frank Tran, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3340
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Robert J. Mueting
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: 949 - 493 -2600
Fax: 949 - 493 -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, and thereafter diligently take steps to cure
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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
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS 'e,
cob Consultant shall at its own cost and expense comply with W statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, vAmdhat:n= in force erne tr
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.
Ae 4ime services are
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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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34. 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.
35. 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.
36. 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.
37. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
City of Newport Beach
ATTEST:
By: !
LaVonne Harkless,
City Clerk
CITY OF NEWPf�RT BEACH,
A Mur*&al C(froolation
Mayor
City of Newport
RJM DESIGN GROUP, INC.:
By:
(Coro t Offi )
Title: SeofeAOLrq
Attachments: Exhibit A — Scope of Services
Exhibit B — Hourly Fee Schedule
f : \usem\pbw\shared\agreements\fy 06- 07\rjm- mariners park.doc
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I. EXHIBIT A
SCOPE OF SERVICES
PHASE 1— SITE FAMILLMUZATION AND CONCEPT REFINEMENT
A. Review all documentation available from the City pertaining to this project, including
available topographic and boundary surveys, aerial photos, geotechnical report, title report
and environmental assessment as available.
In general, we anticipate the following resources will be necessary to be finnished by the
City:
1. Aerial Photo
2. As built information of existing facilities /utilities
3. Water and Sewer Plans
4. Utility Infrastructure Layout (Phone, CATV, Electrical, Lighting, Irrigation, Gas,
Sewer, Storm Drain and Domestic/Reclaimed Water).
Note: Tree Survey if available
B. Review state and local codes and standards applicable to the site development.
C. Prepare Aerial Topographic Map for Grading Plan
D. Prepare Soils / Goetechnical Report — mimimal for Grading and Construction
E. Commence preparation of a Base Plan at appropriate scale.
F. Prepare digital Site Plan exhibit to include:
1. Limits of Work
2. Aerial Topographic Map
3. Proposed Elements and Amenities
4. Restroom Building Footprint (location only)
5. Scoreboard/Clock/Cell Tower /Service (location only)
G. Meet with the City Staff to give design direction for the Restroom, Storage Building and
Scoreboard/Clock/Cell Tower. Review project scope, requirements for site, time schedules
and review the existing site documentation.
H. Prepare preliminary architectural concepts for Restroom
I. Optional: Prepare preliminary architectural concepts for Scoreboard/ClocklCell Tower.
J. Refine Site Plan based upon City Staff comments and direction.
K. Commence preparation of the Preliminary Opinion of Probable Construction Costs based
upon average unit cost amounts.
1. Evaluate alternative cost for pre- fabricated rstroom building.
2. Evaluate alternative cost for per - fabricated storage units.
3. Determine how to proceed with the Scoreboard/Clock/Cell Tower.
L. Meet with the City Staff to present the refined Site Plan, Architectural Concepts for
Restroom and Storage Building. Review Preliminary Opinion of Probable Construction
Costs, and to confirm project scope and budget.
MEETINGS: (2) Two Meetings with City Staff
PRODUCTS: (1) Digital Site Base Plan
06 -194
City of Newport Beach — Mariners Park Improvements (C -3806)
03/12/07
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PHASE 2 — DESIGN DEVELOPMENT
Prepare Design Development Plans and cost analysis based upon the approved Preliminary Design
in order to fix and describe the scope and character of the entire Project, including landscape
architectural, civil, architectural, and electrical systems, materials and such other elements as may
be appropriate for a complete project. Consideration shall be given to availability of materials,
equipment and labor, construction sequencing and scheduling, economic analysis of construction,
user safety and maintenance requirements, and energy conservation. Final selection of materials,
textures, and colors shall occur with City.
A. Prepare design development, hardscape and landscape plans relative to the information
from architectural, civil, structural, electrical, traffic, and civil engineering as necessary for
project area.
B. Prepare architectural design development package. Enlarge the floor plans and elevations
of park buildings and structures on CAD at 3/8" scale, for review and input from City Staff.
The drawings to be included in this package shall include the following:
1. Final Restroom Building and Storage Building plans with dimensional footprint for
the site plan base.
2. Option: Final Scoreboard/Clock/Cell Tower plans with dimensional footprint for
the site plan base.
3. Exterior elevations of all four sides of the restroom building and optional
Scoreboard/Clock/Cell Tower structure.
C. Prepare preliminary grading and drainage plan of project area.
D. Provide preliminary electrical layout and cut sheets for site lighting, such as walkways,
parking, monument signage and security lighting.
E. Prepare 8 -1 /2' x11" Booklet of proposed site furnishings, colors, and material. These
details of proposed amenities shall be submitted for City review and approval prior to
commencing with construction documents.
F. Update preliminary opinion of probable landscape construction costs.
G. Meet with City Staff' to review design development plans and costs prior to commencing
construction documents.
MEETINGS: Design development review meeting with City Staff.
PRODUCTS: Design development site plan; plan area enlargements; materials and
color samples; building floor plans and elevations; design development
statement ofprobable landscape construction costs
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• 0
PHASE 3 - CONSTRUCTION DOCUMENTS
This phase of the project consists of the preparation of the construction documents to include final
drawings, specifications, calculations, and final cost estimates. Our proposal includes complete
landscape architecture, architectural, civil, structural, and electrical engineering services required to
execute the project. Construction drawings will be submitted at 90% complete for review, revised,
and finally 100% complete construction drawings will be submitted for city review and approval.
Upon submittal of the 90% complete construction documents, a revised cost estimate will be
prepared.
Specifically, our Construction Document package has included the following disciplines.
A. Landscape Design/Documentation
Services during the Construction Documents Phase consist of preparation of drawings and
specifications based on approved Design Development Documents, setting forth in detail
the landscape requirements for the project including:
1. Site Construction/Layout Plans
2. Landscape Construction Details
3. Planting Plans and Details
4. Irrigation Plans and Details
B. Civil Engineering Documentation
Prepare Precise Grading Plan and appurtenant items
1. Demolition Plan
2. Grading and Drainage Plan
3. Horizontal Control Plan
4. Erosion Control Plan
5. Field Survey (1 day for critical utility and pavement "join" elevations)
6. Quantities / Earthwork
7. Water Quality Management Plan
8. Stormwater Pollution Prevention Plan
C. Architectural Design/Documentation
This scope shall be limited to the construction documents of a Restroom and Storage
Building and optional Scoreboard/Clock/Cell Tower with related equipment building.
1. Floor Plans at 3/8" —1' -0" scale.
2. Slab Dimension Plans at 3/8" —1' -0" scale.
3. Framing Layout Plans at 3/8" —1' -0" scale.
4. Exterior Elevations and Section at 3/8" — 1' -0" scale.
5. Door Schedules and Details
6. Interior Elevations
7. Architectural Exterior and Interior Details
8. Exterior and Interior Finish Material Specifications
06 -194
City of Newport Beach — Mariners Park Improvements (C-3806)
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• •
D. Electrical Design/Documentation
Final drawings and specifications shall be completed. All power, lighting and control
schemes, complete with diagrams and details shall be finalized including:
1. Electrical load calculations.
2. Coordination with power and telephone companies. .
3. Design coordination with City. Opinion of probable electrical construction costs.
4. Electrical drawings and specifications including the following: (for site only)
i. Walkway, parking, monument sign, and security lighting systems.
ii. Lighting photometric drawings.
iii. Electrical provisions for irrigation controllers.
iv. Title 24 lighting calculations and required documents.
5. Electrical drawings and specifications including the following: (for building only)
i. Electrical Power Plans for the Restroom and Storage Building. Equipment
Building for optional.ScoreboardlClocklCell Tower.
ii. Lighting Plans for the Restroom and Storage Building. Equipment Building
for optional Scoreboard/Clock/Cell Tower.
iii. Building single line diagrams and panel schedules
iv. Title 24 calculations
E. Structural Design Documentation
Services during the Construction Documents Phase consist of preparation of final structural
engineering calculations, drawings and specifications based on approved Design
Development Documents, setting forth in detail the structural construction requirements for
the Project.
1. Structural Calculations (for restroom and storage building only)
2. Foundation Plans (for restroom and storage building only)
3. Framing Plans (for restroom and storage building only)
4. Structural Details (for restroom and storage building only)
5. Structural Material Specifications (for restroom and storage building only)
6. Structural Details for Backstop and Netting Poles (for site only)
7. Structural Details for Walls (for site only)
8. Structural calculations, foundation plans, framing plans, structural details, structural
material specifications for optional Scoreboard/Clock/Cell Tower
F. Mechanical Design Documentation
Final completion of all drawings, specifications and Title 24 documentation for the
restroom/storage building plumbing systems.
1. Plumbing Floor Plans
2. Plumbing Fixture Schedules, Details and Specifications
3. Mechanical ventilation plans and details for Restroom Building
4. HVAC plan and details for optional Scoreboard/Clock/Cell Tower
G. Technical Specifications
Technical specifications for each of the above disciplines will be incorporated into the
project manual. Site work construction will be prepared utilizing the `Green Book' format.
06 -194
City of Nevpoil Beach — Mariners Park Improvements (C -3806)
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E
Architectural specifications will be prepared in C.S.I. format. City to provide Notice
Inviting Bids, Instructions to Bidders, Information required by Bidders, Bid Form, Bid
Bonds, Agreement, Performance Bond, Payment Bond, Insurance Documents, General
Provisions, General/Supplementary Conditions, and General Requirements.
H. Statement of Probable Construction Cost
Statement of Probable Construction Cost services during the Construction Documents
Phase consist of advising the City of any adjustments, and, when the Construction
Documents are approximately 90 percent complete, updating of the Statement of Probable
Construction Cost of the Project, taking into account:
1. Changes in materials, systems or details of construction, which have occurred
during preparation of the Construction Documents.
2. Known changes in the cost of materials, labor and services since preparation of the
previous Statement of Probable Construction Cost.
3. Adjustments for known or anticipated changes in the bidding market relative to the
Project.
MEETINGS Two Meetings City Staff
PRODUCTS: Base Plans, Construction Drawings, Teclu:ical Specifications, and
Opinion of Probable Construction Costs
PHASE 4— BIDDING (Hourly as requested)
Biddine Procedures
The Consultant shall assist the City with the Bidding Phase of the project. Questions, clarifications,
or conflicts arising during the bid process will be resolved by addenda prepared by the Consultant.
Addenda to the contract for construction shall be prepared in writing to document any clarification
or modification made to the contract documents.
PHASE 5 - CONSTRUCTION ADMINISTRATION (Hourly as requested)
The Consultant Design Team shall attend maximum of 12 job site meetings (one meeting every 2
weeks or as requested by the City) for an estimated 5 month construction period to generally
review and evaluate the construction schedule, monitor performance, review quality control
standards, and provide assistance for any clarification or revision to the contract. Shop drawings
and related submittals shall be reviewed and returned to the consultant for appropriate action. The
Contractor's requests for information, change order requests, and related communications shall be
attended to on a regular basis. Assist the City in review of contractor's pay requests on a monthly
basis in accordance with the amount of work completed and in accordance with the contract
documents.
During the Construction Administration Phase of the project, the following services shall be
furnished:
A. Pre- construction Conference
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5
A pre- construction conference shall be organized and conducted to brief all parties
concerned with general and special requirements of the contract for construction.
Procedural matters, routing of information, and project representatives shall be defined.
Attendees shall include representatives from the City's staff, the Consultant, the
Contractor, and all major subcontractors.
B. Job Site Meeting
Consultant shall attend job site meetings as requested by the City. Scheduling,
coordination, requests for information, and changes to the contract for construction are
routinely monitored. The Consultant shall publish and distribute a field report for each
job site meeting, documenting the progress of construction, and specifically noting
current and delinquent action items.
C. Submittal and Shop Drawing Review
The Consultant Team shall review all required shop drawings and related submittals as
specified in the contract documents.
D. Change Orders Requests
• Preparation and distribution of Drawings and Specifications to describe Work to be
added, deleted, or modified.
• Review of proposals from Contractor(s) for reasonableness of quantities and costs
of labor and materials.
• Review and recommendations relative to changes in time for Substantial
Completion.
• Coordination of communications, approvals, notifications and record keeping
relative to changes in the work.
E. Project Close -Out
At the completion of the Construction Phase a final job site meeting and review of the
entire facility shall be conducted. A final punch list will be published and distributed
by the Consultant to all parties concerned, specifically noting required corrections, non-
conforming work, and work remaining to be completed. A second walk - through shall
be conducted when all punch list items have been corrected, at which time a "Final
Notice of Completion" shall be filed by the City.
F. Record Drawings
Consultant will review contractor submitted As -Built Drawings for contract
conformance and completeness based upon field observations made during the
construction observationladministration task and the original contract documents.
Consultant shall prepare and submit mylar record drawings based upon information _
provided by the City. Consultant shall rely upon the accuracy and completeness of
information provided by the contractor and the City, and shall not be held responsible
for inaccuracies of the contractor provided `As- Built' Drawings. Any site visits
required verifying information contained on the contractor's `As- Built' drawings will be
provided on an hourly basis.
06-194
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0
II. ADDITIONAL SERVICES
0
The following items are not a part of the fee identified in the proposal but shall be reimbursable to
RJM Design Group, Inc. as follows:
A. Any requested refinements to the Construction Documents (except Building Department)
after 50% and 901/o submittals as a result of the City review shall be completed in
accordance with the Standard Hourly Fee Schedule.
B. Additional plans or exhibits requested by the client in addition to the specific tasks outlined
in the Scope of Services shall be completed in accordance with the Standard Hourly Fee
Schedule.
C. Additional meetings, as requested, shall be in accordance with the Standard Hourly Fee
Schedule.
D. Any soils engineering, geotechnical services, aerial topography or analysis by others
necessary to complete construction drawings.
III. ASSUMPTIONS
1. No construction survey, certifications, inspections or administration, or construction site
visits beyond the "estimated" fee Construction Administration amount will be additional
services.
2. Preparations of legal descriptions/exhibits, land subdivision, ALTA Survey, and/or
additional boundary survey are additional work. Included is one day of field survey for
critical utility and pavement "join" elevations, location of approximately 25 trees, and ties
to aerial topographic map. Includes plotting of reasonable number of easements assuming
City provides record documents.
3. The Architect shall handle all normal Building Department Coordination with the City of
Newport Beach to secure a building, electrical and mechanical permit. All other
coordination, except that needed for a building permit, such as public works, road
department, school district review, etc. shall be coordinated by the client or shall be billed
as extra services if provided by the Landscape Architect on an hourly basis as the rate
shown above.
4. Assumes sewer connections are offite private system from existing sewer in adjacent
street. Excludes any sump pumps, offsite sewer, sewer plan/profiles, or special studies.
5. Assumes offite water system is private and buildings can be served from adjacent lines in
the street. MCE will loop water thru site, show domestic meter, landscape meter and fire
connection on Water Plan. Excludes any capacity or pressure studies.
6. AutoCAD Site Plan, aerial topography in AutoCAD format design of retaining/site walls
and pavement/concrete slab, pavement analysis, soils report, and hardscape plan by others.
7. Excludes "pot holing" of utilities.
06 -194
City of Newport Beach — Mariners Park Improvements (C -3806)
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• •
8. Surface drainage utilizes the existing drainage system with minor onsite storm drain
connections. Any additional off -site hydrology could be additional services.
9. Excludes off site storm drain plans and rerouting. Excludes design of flood control
channels, upsizing of existing facilities, special permits /processing.
10. Excludes any special manholes, drilled dry wells, pump systems, clarifier design and/or
retention basins to retain initial storm runoff onsite.
11. Assume onsite drainage treatment by flow filters or standard manufacture_ d unit
(stormseptor or equal) to meet City requirements.
12. Excludes Standard Urban Stormwater Mitigation Plan (SUSMP) and major reconstruction
of the existing storm drain system.
13. Assume off site public street plans are not required. Driveways and landscaping adjacent to
street shown on Grading Plan.
14. All on -site drainage will be shown on Precise Grading Plan in plan view only. Assume one
detail of plan/profile for connection to adjacent storm drain.
15. Bid Alternates for future facilities requiring a separate detail or 10 -scale Detail Plans for
complex facilities (such as tot lots) shall be an additional service. If future facilities are only
graphically identified for location, no additional fee will be required.
16. We assume all work will be done in one phase.
17. Demolition Plan shall be a 20 -scale plot plan with general notes.
18. No ball field lighting or controls.
06 -194
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03/12. %07
0 0
IV. EXHIBIT B:
6 FEE SUMMARY
It is the ob' ctive of our Design Team to provide the most comprehensive, yet efficient, approach
to the dev lopment of the Mariners Park Redevelopment Project. This fee includes all costs to be
incurred RJM Design Group, Inc. with the exception of selected supplemental services. Fees for
the work are as follows:
Phase 1
Familiarization and Concept Refinement
Phase 2
Design Development
Phase 3
Construction Documents
Phase 4
Bidding
Phase 5
Construction Administration
TOTAL
Optional Scoreboard /ClocklCell Tower
Phase 1 Familiarization and Concept Refinement
Phase 2 Design Development
Phase 3 Construction Documents
TOTAL
$ 16,553.00
$ 22,640.00
$ 85,915.00
Hourly as Requested
Hourly as Requested
$ 125,108.00
$ 1,150.00
$ 2,300.00
$ 26.450.00
$ 29,900.00
This Fee Summary is based upon our current understanding of the project scope and is based upon
the preliminary plan dated January 30, 2007 and your project budget of $1.4 M. All work shall be
billed on a monthly basis per our hourly fee rates.
All printing, reproduction, and delivery charges will be invoiced directly by the vendors to the
City. When possible, estimates will be given to the City prior to proceeding with printing,
reproduction or deliveries. Should RJM incur these reimbursable expenses, RJM will invoice the
City at direct cost plus 15% for handling. To avoid an allowance for reimbursable printing, we
suggest that the City open an account with a local blueprinting company, which would save the
City dollars allotted to consultant administration and mark -up.
06 -194
City of Newport Beach — Mariners Park Improvements (C -3806)
03/12/07
N
0
0
V. STANDARD HOURLY FEE SCHEDULE
The Client agrees to pay Consultant as compensation for all authorized work included in the Scope
of Services heretofore stated, at the hourly rates below:
RJM Design Group Inc.
PRINCIPAL LANDSCAPE ARCHITECT $ 165 per hour
ASSOCIATE LANDSCAPE ARCHITECT $ 135 per hour
PROJECT MANAGER / JOB CAPTAIN $ 115 per hour
CADD TECHNICIAN/LANDSCAPE DESIGNER $ 95 per hour
DRAFTSPERSON $ 75 per hour
WORD PROCESSING $ 60 per hour
James Mickartz Architect.
PRINCIPAL ARCHITECT $ 125 per hour
ASSOCIATE ARCHITECT $ 105 per hour
MCE Engineering
$
175 per hour
PRINCIPAL
$
130 per hour
PROJECT MANAGER
$
110 per hour
PROJECT ENGINEER
$
100 per hour
PROJECT SURVEYOR
$
100 per hour
DESIGN ENGINEER
$
90 per hour
COMPUTER DRAFTSPERSON
$
70 per hour
PROJECT ASSISTANT
$
50 per hour
37-MAN SURVEY CREW
$
230 per hour
2 -MAN SURVEY CREW
$
190 per hour
GLP Engineering Inc
PRINCIPAL /VICE PRESIDENT
$
175 per hour
ASSOCIATE
$
150 per hour
PROJECT MANAGER
$
125 per hour
DESIGN DRAFTER
$
95 per hour
CAD PLOTTING
$
5 per sheet
Water Concern
PRINCIPAL $ 125 per hour
CADD TECHNICIAN $ 95 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.
06 -194
City of Newport Beach — Mariners Park Improvements (C -3806)
031'12/07
10
Client#: 6243
RJMITPCV:AI
CERTIFICPW
OF LIABILITY
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSUIWNCE
TYPE OF INSURANCE
�ACQRD.
POLICY EFFECTIVE
TE
POLICY EXPIRATION
DATE (MMMOrM
LIMBS
D9l28/2U66
PRODUCER
LIABILITY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
09/30107
ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550
FIRE DAMAGE (Any one fire)
HOLDER.
ALTER
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
to Ana, CA 92711 A550
Gen. Llab. policy
excludes claims
a 427.6810
NED EXP(Any one pemmn)
$10000
INSURERS AFFORDING COVERAGE
INSURED
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
61.000.000
INSURER& United States Fidelity & Guaranty
INSURER B:
American Automobile Ins. Co.
INSURER
Liberty Insurance Underwriters, Inc.
INSURER D:
NSURER E:
112,000,000
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
NSR
Im
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
TE
POLICY EXPIRATION
DATE (MMMOrM
LIMBS
A
GENERAL
LIABILITY
BKO1309630
09/30/06
09/30107
EACH OCCURRENCE
$1000000
X
FIRE DAMAGE (Any one fire)
$1006090
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
Gen. Llab. policy
excludes claims
NED EXP(Any one pemmn)
$10000
PERSONAL& AOV INJURY
61.000.000
arising out of the
GENERAL AGGREGATE
112,000,000
performance of
GENT.
AGGREGATE LIM ITAPPLIES PER:
PRODUCTS- COMP/OPAGG
$2000000
prof. Services
POLICY PRO- LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
BKO1309630
09/30106
09/30/07
COMBINED " SINGLE LIMB
$1,000,000
BO JURY
(Per r pamo parson)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNEDAUTOS
BODILY INJURY
(Peracddwt)
$
X
PROPERTY DAMAGE
(Per acciden0
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
i
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
OCCUR F—I CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
i
i
$
DEDUCTIBLE
Is
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERS• LIABILITY
WZP80944033
09130106
09/30/07
X WC STATU- DTH-
EL EACH ACCIDENT
$1,000,000
EL. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1 000 000
C
OTHER Professional
AEE1960170105
09130106
09/30/07
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
/aims Made
DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: All Operations as pertains to named Insured.
City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers are Additional Insured as respects to
General Liability coverage.
City of Newport Beach
3300 Newport Blvd.
P.O. Sod 1768
Newport Beach, CA 92658.8915
ACORD 25-5 (7197)1 of 1 #M173203
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WINXIIIX)MM TOMAIL30 DAYSWWTTEN
HOnCETOTHE CERTIMArE HOLOERNAMEO TOTHE LEFT
]Mr. a ACORD
0 0
Policy Number: BKO1309630
Owners Lessees or Contractors (Form B)
ADDITI6NAL INSURED
Change(s) Effective: 09/28/2006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Newport Beach
3300 Newport Blvd.
P.O. Bod 1768
Newport Beach, CA 92658 -8915
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CUBF 22 40 03 95
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement Is Issued subsequent to preparation of the policy.)
This endorsement forms apart of Policy No. WZP80944033
Issuedto: RJM Design Group, Inc.
By: American Automobile Ins. Co.
Premium (if any) TBD
We have aright to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
City of Newport Beach
3300 Newport Blvd.
P.O. Bod 1768
Newport Beach, CA 92658 -8915
WC 04 03 06
(Ed. 4-84)
Job Description
Re: All Operations as pertains to named
insured. City of Newport Beach, its
elected or appointed officers,
officials, employees, agents and
volunteers
Countersigned by
Authorized Representative
Fax #: 0 •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 4 -27 -07 Dept. /Contact Received From: Shauna Oyler
Date Completed: 5 -9 -07 Sent to: Shauna By: April Walker
Company /Person required to have certificate: RJM Design Group
1. GENERAL LIABILITY
A.
INSURANCE COMPANY: United States Fidelity & Guaranty
A.
B.
AM BEST RATING (A: VII or greater): A+ XV
B.
C.
ADMITTED Company (Must be California Admitted):
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2mil agg/imil occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
What is limits provided? Imil
include): Is it included?
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
officers, officials, employees and volunteers): Is it included? ❑ Yes
City its officers, officials, employees and volunteers): Is it
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
included?
® Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
Is it included? N/A ❑ Yes
included): Is it included?
® Yes ❑ No
H.
CAUTION! (Confirm that loss or liability of the named
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
insured is not limited solely by their negligence) Does
endeavor wording.
endorsement include "solely by negligence" wording?
❑ Yes ® No
I.
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.
II. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: United States Fidelity & Guaranty
B.
AM BEST RATING (A: VII or greater): A +XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes
❑ No
D.
LIMITS (Must be $1 M min. BI & PD and $500,000 UM):
What is limits provided? Imil
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ❑ Yes
® No
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/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.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: American Automobile Ins. Co.
B. AM BEST RATING (A: VII or greater): A XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? D El Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional Ins ed en ent missin .
_ n
V
5
• •
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
March 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, PE
949 -644 -3328 or Idalton @city.newport- beach.ca.us
SUBJECT: MARINERS PARK IMPROVEMENTS — CONTRACT N 3806
APPROVAL OF A PROFESSIONAL SERVICES AGR—MyrENT WITH
RJM DESIGN GROUP, INC.
RECOMMENDATION:
1. Approve a Professional Services Agreement with RJM Design Group, Inc., for
landscape architectural services at a not -to- exceed price of $155,008, and
authorize the Mayor and City Clerk to execute the Agreement.
• 2. Approve Budget Amendment appropriating $29,000 to Account No. 7251 -
05100817 for Mariners Park Improvements Cell Tower and increase revenue
estimates by $29,000 representing contributions from participating cell phone
companies.
DISCUSSION:
The City Council has committed $1,430,000 in the FY 2006 -07 budget for improvement
and redevelopment of facilities at Mariners Park. Staff desires to retain consultant
services to prepare the plans and specifications needed for the project.
Consultant Selection:
Staff solicited professional qualifications in an advertisement that was placed in the Daily
Pilot and from 14 landscape architectural firms known to have expertise in recreation
facility planning and design. Three firms responded by submitting their qualifications.
Staff from Recreation, General Services, and Public Works Departments then reviewed
the firms' qualifications, past experience on similar projects, availability, and references.
Upon comparison of the reviews, staff rated RJM Design Group, Inc., as the most
qualified firm to do the work.
Scope of Services:
RJM has proposed to provide construction plans, specifications and cost estimates
..(PS &E) for the project as specified in Scope of Services, Exhibit A to the Professional
Mariners Park Improvements, Go46 No. 3806 — Approval of a Professional Services A&ent with RJM Design Group, Inc.
March 27, 2007
Page 2
Services Agreement (PSA) attached hereto. RJM's services will include meetings with •
City staff and preparation of PS &E for the desired parking and entryway along Dover
Drive, ball field, restrooms, pathways, incidental lighting, landscaping, etc., needed for
the project. Various telecommunication companies have contacted the City with an
Interest in constructing a scoreboard /clock/cell tower. An optional item to prepare
PS &E for a scoreboard /clock/cell tower has also been provided by RJM. The cost of
the cell tower, including design, would be the responsibility of the telecommunication
providers.
Fees:
Upon negotiation of services and fees, RJM has agreed to provide a complete scope of
design services for the project as specified in Fee Schedule, Exhibit B to the PSA
attached hereto. RJM's not -to -exceed $125,108 fee includes landscape architectural
services, subconsultant services, and reimbursable expenses such as printing, copying,
etc., but not construction support services or cell tower PS &E. An additional not -to-
exceed fee of $29,900 will be needed if cell tower PS &E is added to the contract. Upon
award of a construction contract, staff will request an amount for construction support
services from RJM. RJM's standard hourly fees are also included in Exhibit B.
Environmental Review:
Not Applicable at this time. •
Public Notice:
Not Applicable at this time.
Fundin4 Availability:
Upon approval of the Budget Amendment, sufficient funds are available to pay for
RJM's services in the following accounts:
Account Description Account Number Amount
General Fund — park improvements 7015- C5100817 $125,108
Contribution — cell tower 7251- C5100817 29.900
Total: $155,008
Prepared by: Submitted
Aze!6,
Lloyd Dalton, PE Ste G. a u
Design Engineer �PAblit Works Director
Attachment: Professional Services Agreement
Exhibit A — Scope of Services •
Exhibit B — Fee Summary
P
PROFESSIONAL SERVICES AGREEMENT WITH
RJM DESIGN GROUP, INC., FOR
• MARINERS PARK IMPROVEMENT LANDSCAPE ARCHITECTURE
THIS AGREEMENT is made and .entered into as of this _ day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and RJM DESIGN GROUP, INC., a California 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. City is planning to improve and redevelop Mariners Park.
C. City desires to engage Consultant to provide landscape architectural services,
hereinafter referred to as "Project ", for the park improvement and redevelopment.
D. Consultant possesses the skill, experience, ability, background, certification and
• knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Robert J.
Meuting, ASLA.
F. 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 31s1 day of December, 2008, 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.
4.
TIME OF PERFORMANCE
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Time is of the essence in the performance of services under this Agreement and •
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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.
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 Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Fifty Five Thousand Eight Dollars and no /100
($155,008.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 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 speck 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 reimburs
specifically approved
in advance by City.
limited and include
Consultant:
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s Consultant only for those costs or expenses
in this Agreement, or specifically approved in writing
Unless otherwise approved, such costs shall be •
nothing more than the following costs incurred by
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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 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 performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project.. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert J. Meuting
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any.personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City.. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
,non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Frank
Tran, PE shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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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 blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care. •
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, 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,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes •
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorneys fees, disbursements and court
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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
• the negligence, recklessness, or wiflful misconduct of the Consultant or 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 attorneys fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. 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 goals and
policies.
13. PROGRESS
• Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
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progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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 must be approved by
City prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
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 Reguirements.
i. 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 (10 calendar days written notice of non-
payment of premium) prior to such. change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
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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 the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented - vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one. million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
• Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all.rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers:
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
• 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 (10 calendar days
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written notice of non - payment of premium) 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.
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.
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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 this 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. City is an intended beneficiary of any work performed
by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further •
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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Documents, including drawings and specifications, prepared by Consultant
• pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all, liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18: COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or. losses arising out of, or connected-with
(a) the modification or misuse by City, or anyone authorized by City,. of. CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnity
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
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the 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
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any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this •
Agreement.
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.
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/her 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.
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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with Project.
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
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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
harmless City for any and all claims for damages resulting from Consultants
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, 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: Frank Tran, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
• Newport Beach, CA, 92663
Phone: 949 - 644 -3340
Fax: 949- 6443308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Robert J. Meuting
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: 949 - 493 -2600
Fax: 949 -493 -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, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
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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
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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply. •
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34. AMENDMENTS
• This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
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35. 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.
36. 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.
37. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
City of Newport Beach
RJM DESIGN GROUP, INC.:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Hourly Fee Schedule
f:Wsem\pbwlshareftgreementsVy 06r07Vjm- mariners paik.doc
14
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I. ENMIT A
! PHASE 1— SITE FAMILIARIZATION AND CONCEPT REFINEMENT
A. Review all documentation available from the City pertaining to this project, including
available topographic and boundary surveys, aerial photos, geotechnical report, title report
and environmental assessment as available.
In general, we anticipate the following resources will be necessary to be furnished by the
City:
1. Aerial Photo
2. As built information of existing facilities/utilities
3. Water and Sewer Plans
4. Utility Infrastructure Layout (Phone, CATV, Electrical, Lighting, Irrigation, Gas,
Sewer, Storm Drain and Domestic/Reclaimed Water).
Note: Tree Survey if available
B. Review state and local codes and standards applicable to the site development.
C. Prepare Aerial Topographic Map for Grading Plan
D. Prepare Soils / Goetechnical Report — mimimal for Grading and Construction
E. Commence preparation of a Base Plan at appropriate scale.
F. Prepare digital Site Plan exhibit to include:
1. Limits of Work
• 2. Aerial Topographic Map
3. Proposed Elements and Amenities
4. Restroom Building Footprint (location only)
5. Scoreboard/Clock/Cell Tower /Service (location only)
G. Meet with the City Staff to give design direction for the Restroom, Storage Building and
Scoreboard/Clock/Cell Tower. Review project scope, requirements for site, time schedules
and review the existing site documentation.
H. Prepare preliminary architectural concepts for Restmom
I. Optional: Prepare preliminary architectural concepts for Scoreboard/Clock/Cell Tower.
J. Refine Site Plan based upon City Staff comments and direction.
K. Commence preparation of the Preliminary Opinion of Probable Construction Costs based
upon average unit cost amounts.
1. Evaluate alternative cost for pre - fabricated restroom building.
2. Evaluate alternative cost for per - fabricated storage units.
3. Determine how to proceed with the Scoreboard/Clock/Cell Tower.
L. Meet with the City Staff to present the refined Site Plan, Architectural Concepts for
Restroom and Storage Building. Review Preliminary Opinion of Probable Construction
Costs, and to confirm project scope and budget.
MEETINGS: (2) Two Meetings with City Staff
PRODUCTS.- (1) Digital Site Base Plan
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PHASE 2 — DESIGN DEVELOPMENT
Prepare Design Development Plans and cost analysis based upon the approved Preliminary Design •
in order to fix and describe the scope and character of the entire Project, including landscape _
architectural, civil, architectural, and electrical systems, materials and such other elements as may
be appropriate for a complete project. Consideration shall be given to availability of materials,
equipment and labor, construction sequencing and scheduling, economic analysis of construction,
user safety and maintenance requirements, and energy conservation. Final selection of materials,
textures; and colors shall occur with City.
A. Prepare design development, hardscape and landscape plans relative to the information
from architectural, civil, structural, electrical, traffic, and civil engineering as necessary for
project area.
B. Prepare architectural design development package. Enlarge the floor plans and elevations
of park buildings and structures on CAD at 3/8" scale, for review and input from City Staff.
The drawings to be included in this package shall include the following:
1. Final Restroom Building and Storage Building plans with dimensional footprint for
the site plan base.
2. Option: Final Scoreboard/Clock/Cell Tower plans with dimensional footprint for
the site plan base.
3. Exterior elevations of all four sides of the restroom building and optional •
Scoreboard/Clock/Cell Tower structure.
C. Prepare preliminary grading and drainage plan of project area.
D. Provide preliminary electrical layout and out sheets for site lighting, such as walkways,
parking, monument signage and security lighting.
E. Prepare 8 -1/2' x11" Booklet of proposed site furnishings, colors, and material. These
details of proposed amenities shall be submitted for City review and approval.prior to
commencing with construction documents.
F. Update preliminary opinion of probable landscape construction costs.
G. Meet with City Staff to review design development plans and costs prior to commencing
construction documents.
MEETINGS: Design development review meeting with City Staff.
PRODUCTS: Design development site plan; plan area enlargements; materials and
color samples; building floor plans and elevations; design development
statement of probable landscape construction costs
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PHASE 3 -
DOCUMENTS
•This phase of the project consists of the preparation of the construction documents to include final
drawings, specifications, calculations, and final cost estimates. Our proposal includes complete
landscape architecture, architectural, civil, structural, and electrical engineering services required to
execute the project. Construction drawings will be submitted at 90% complete for review, revised,
and finally 100% complete construction drawings will be submitted for city review and approval.
Upon submittal of the 90% complete construction documents, a revised cost estimate will be
prepared.
Specifically, our Construction Document package has included the following disciplines.
A. Landscape Desima/Documentation
Services during the Construction Documents Phase consist of preparation of drawings and
specifications based on approved Design Development Documents, setting forth in detail
the landscape requirements for the project. including:
1. Site Constnrction/Layout Plans
2. Landscape Construction Details
3. Planting Plans and Details
4. Irrigation Plans and Details
B. Civil Eneineering Documentation
Prepare Precise Grading Plan and appurtenant items
1. Demolition Plan
• 2. Grading and Drainage Plan
3. Horizontal Control Plan
4. Erosion Control Plan
5. Field Survey (1 day for critical utility and pavement "join" elevations)
6. Quantities I Earthwork
7. Water Quality Management Plan
8. Stormwater Pollution Prevention Plan
C. Architectural Design/Documentation
This scope shall be limited to the construction documents of a Restroom and Storage
Building and optional Scoreboard/Clock/Cell Tower with related equipment building.
1. Floor Plans at 3/8" —1' -0" scale.
2. Slab Dimension Plans at 3/8" — I' -0" scale.
3. Framing Layout Plans at 3/8" —1' -0" scale.
4. Exterior Elevations and Section at 3/8" —1' -0" scale.
5. Door Schedules and Details
6. Interior Elevations
7. Architectural Exterior and Interior Details
8. Exterior and Interior Finish Material Specifications
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D. Electrical Design/Documentation •
Final drawings and specifications shall be completed. All power, lighting and control
schemes, complete with diagrams and details shall be finalized including:
1. Electrical load calculations.
2. Coordination with power and telephone companies.
3. Design coordination with City. Opinion of probable electrical construction costs.
4. Electrical drawings and specifications including the following: (for site only)
i. Walkway, parking, monument sign, and security lighting systems.
ii. Lighting photometric drawings.
iii. Electrical provisions for irrigation controllers.
iv. Title 24 lighting calculations and required documents.
5. Electrical drawings and specifications including the following: (for building only)
i. Electrical Power Plans for the Restroom and Storage Building. Equipment
Building for optional Scoreboard/Clock/Cell Tower.
ii. Lighting Plans for the Restroom and Storage Building. Equipment Building
for optional Scoreboard/0ock/Cel1 Tower.
iii. Building single line diagrams and panel schedules
iv. Title 24 calculations
E. Structural Design Documentation
Services during the Construction Documents Phase consist of preparation of final structural
engineering calculations, drawings and specifications based on approved Design
Development Documents, setting forth in detail the structural construction requirements for •
the Project.
1. Structural Calculations (for restroom and storage building only)
2. Foundation Plans (for restroom and storage building only)
3. Framing Plans (for restroom and storage building only)
4. Structural Details (for restroom and storage building only)
5. Structural Material Specifications (for restroom and storage building only)
6. Structural Details for Backstop and Netting Poles (for site only)
7. Structural Details for Walls (for site only)
8. Structural calculations, foundation plans, framing plans, structural details, structural
material specifications for optional Scoreboard/Clock/Cell Tower
F. Mechanical Design Documentation
Final completion of all drawings, specifications and Title 24 documentation for the
restroom/storage building plumbing systems.
1. Plumbing Floor Plans
2. Plumbing Fixture Schedules, Details and Specifications
3. Mechanical ventilation plans and details for Restroom Building
4. HVAC plan and details for optional Scoreboard/Clock/Cell Tower
G. Technical Specifications
Technical specifications for each of the above disciplines will be incorporated into the •
project manual. Site work construction will be prepared utilizing the `Green Book' format.
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Architectural specifications will be prepared in C.S.I. format. City to provide Notice
Inviting Bids, Instructions to Bidders, Information required by Bidders, Bid Form, Bid
• Bonds, Agreement, Performance Bond, Payment Bond, Insurance Documents, General
Provisions, General/Suppletnentary Conditions, and.General Requirements.
IEL Statement of Probable Construction Cost
Statement of Probable Construction Cost services during the Construction Documents
Phase consist of advising the City of any adjustments, and, when the Construction
Documents are approximately 90 percent complete, updating of the Statement of Probable
Construction Cost of the Project, taking into account:
1. Changes in materials, systems or details of construction, which have occurred
during preparation of the Construction Documents.
2. Known changes in the cost of materials, labor and services since preparation of the
previous Statement of Probable Construction Cost.
3. Adjustments for known or anticipated changes in the bidding market relative to the
Project.
MEETTIVGS.• Two Meetings City Staff'
PRODUCTS: Base Plans, Construction Drawings, Technical Specifications, and
Opinion of Probable Construction Costs
PHASE 4 —BIDDING (Hourly as requested)
• Biddine Procedures
The Consultant shall assist the City with the Bidding Phase of the project. Questions, clarifications,
or conflicts arising during the bid process will be resolved by addenda prepared by the Consultant.
Addenda to the contract for construction shall be prepared in writing to document any clarification
or modification made to the contract documents.
PHASE 5 - CONSTRUCTION ADMINISTRATION (Hourly as requested)
The Consultant Design Team shall attend maximum of 12 job site meetings (one meeting every 2
weeks or as requested by the City) for an estimated 5 month construction period to generally
review and evaluate the construction schedule, monitor performance, review quality control
standards, and provide assistance for any clarification or revision to the contract. Shop drawings
and related submittals shall be reviewed and returned to the consultant for appropriate action. The
Contractor's requests for information, change order requests, and related communications shall be
attended to on a regular basis. Assist the City in review of contractor's pay requests on a monthly
basis in accordance with the amount of work completed and in accordance with the contract
documents.
During the Construction Administration Phase of the project, the following services shall be
finished:
•A. Pre - construction Conference
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A pre - construction conference shall be organized and conducted to brief all parties
concerned with general and special requirements of the contract for construction.
Procedural matters, routing of information, and project representatives shall be defined. •
Attendees shall include representatives from the City's staff, the Consultant, the
Contractor, and all major subcontractors.
B. Job Site Meeting
Consultant shall attend job site meetings as requested by the City. Scheduling,
coordination, requests for information, and changes to the contract for construction are
routinely monitored. The Consultant shall publish and distribute a field report for each
job site meeting, documenting the progress of construction, and specifically noting
current and delinquent action items.
C. Submittal and Shon Drawing Review
The Consultant Team shall review all required shop drawings and related submittals as
specified in the contract documents.
D. Change Orders Requests
• Preparation and distribution of Drawings and Specifications to describe Work to be
added, deleted, or modified.
• Review of proposals from Contractors) for reasonableness of quantities and costs
of labor and materials.
• Review and recommendations relative to changes in time for Substantial
Completion. •
• Coordination of communications, approvals, notifications and record keeping
relative to changes in the work.
E. Project Close -Out
At the completion of the Construction Phase a final job site meeting and review of the
entire facility shall be conducted A final punch list will be published and distributed
by the Consultant to all parties concerned, specifically noting required corrections, non-
conforming work, and work remaining to be completed. A second walk - through shall
be conducted when all punch list items have been corrected, at which time a "Final
Notice of Completion" shall be filed by the City.
F. Record Drawings
Consultant will review contractor submitted As -Built Drawings for contract
conformance and completeness based upon field observations made during the
construction observation /administration task and the original contract documents.
Consultant shall prepare and submit mylar record drawings based upon information_
provided by the City. Consultant shall rely upon the accuracy and completeness of
information provided by the contractor and the City, and shall not be held responsible
for inaccuracies of the contractor provided `As- Built' Drawings. Any site visits
required verifying information contained on the contractor's `As- Built' drawings will be
provided on an hourly basis.
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11. ADDITIONAL SERVICES
•The following items are not a part of the fee identified in the proposal but shall be reimbursable to
RJM Design Group, Inc. as follows:
A. Any requested refinements to the Construction Documents (except Building Department)
after 50% and 90% submittals as a result of the City review shall be completed in
accordance with the Standard Hourly Fee Schedule.
B. Additional plans or exhibits requested by the client in addition to the specific tasks outlined
in the Scope of Services shall be completed in accordance with the Standard Hourly Fee
Schedule.
C. Additional meetings, as requested, shall be in accordance with the Standard Hourly Fee
Schedule.
D. Any soils engineering, geotechnical services, aerial topography or analysis by others
necessary to complete construction drawings.
t1A
1. No construction survey, certifications, inspection's or administration, or construction site
visits beyond the "estimated" fee Construction Administration amount will be additional
• services.
2. Preparations of legal descriptions/exhibits, land subdivision, ALTA Survey, and/or
additional boundary survey are additional work. Included is one day of field survey for
critical utility and pavement "join" elevations, location of approximately 25 trees, and ties
to aerial topographic map. Includes plotting of reasonable number of easements assuming
City provides record documents.
3. The Architect shall handle all normal Building Department Coordination with the City of
Newport Beach to secure a building, electrical and mechanical permit. All other
coordination, except that needed for a building permit, such as public works, road
department, school district review, etc. shall be coordinated by the client or shall be billed
as extra services if provided by the Landscape Architect on an hourly basis as the rate
shown above.
4. Assumes sewer connections are offite private system from existing sewer in adjacent
street. Excludes any sump pumps, offsite sewer, sewer plan/profiles, or special studies.
5. Assumes offite water system is private and buildings can be served from adjacent lines in
the street. MCE will loop water thru site, show domestic meter, landscape meter and fire
connection on Water Plan. Excludes any capacity or pressure studies.
6. AutoCAD Site Plan, aerial topography in AutoCAD format design of retaining/site walls
and pavement/concrete slab, pavement analysis, soils report, and handscape plan by others.
•7. Excludes "pot holing" of utilities.
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8. Surface drainage utilizes the existing drainage system with minor onsite storm drain
connections. Any additional off -site hydrology could be additional services.
•
9. Excludes off site storm drain plans and rerouting. Excludes design of flood control
channels, upsizing of existing facilities, special permits/processing. _
10. Excludes any special manholes, drilled dry wells, pump systems, clarifier design and/or
retention basins to retain initial storm runoff onsite.
11. Assume onsite drainage treatment by flow filters or standard manufactured unit
(stomvseptor or equal) to meet City requirements.
12. Excludes Standard Urban Stormwater Mitigation Plan (SUSMP) and major reconstruction
of the existing storm drain system.
13. Assume off site public street plans are not required Driveways and landscaping adjacent to
street shown on Grading Plan.
14. All on -site drainage will be shown on Precise Grading Plan in plan view only Assume one
detail of plan/profile for connection to adjacent storm drain.
15. Bid Alternates for future facilities requiring a separate detail or 10 -scale Detail Plans for
complex facilities (such as tot lots) shall be an additional service. If future facilities are only
graphically identified for location, no additional fee will be required.
16. We assume all work will be done in one phase.
17. Demolition Plan shall be a 20 -scale plot plan with general notes.
18. No ball field lighting or controls.
•
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IV. EXHIBIT B:
FEE SUMMARY
• It is the ob' tive of our Design Team to provide the most comprehensive, yet efficient, approach
to the dev lopment of the Mariners Park Redevelopment Project. This fee includes all costs to be
incurred RJM Design Group, Inc. with the exception of selected supplemental services. Fees for
the work are as follows:
Phase 1 Familiarization and Concept Refinement $ 16,553.00
Phase 2 Design Development $ 22,640.00
Phase 3 Construction Documents $ 85,915.00
Phase 4 Bidding Hourly as Requested
Phase 5 Construction Administration Hourly as Requested
TOTAL $ 125,108.00
Optional Scoreboard/Clock/Cell Tower
Phase 1 Familiarization and Concept Refinement $ 1,150.00
Phase 2 Design Development $ 2,300.00
Phase 3 Construction Documents $ 26.450.00
TOTAL $ 299900.00
•This Fee Summary is based upon our current understanding of the project scope and is based upon
the preliminary plan dated January 30, 2007 and your project budget of $1..4 M. All work shall be
billed on a monthly basis per our hourly fee rates.
All printing, reproduction, and delivery charges will be invoiced directly by the vendors to the
City. When possible, estimates will be given to the City prior to proceeding with printing,
reproduction or deliveries. Should RJM incur these reimbursable expenses, RJM will invoice the
City at direct cost plus 15% for handling. To avoid an Allowance for reimbursable printing, we
suggest that the City open an account with a local blueprinting company, which would save the
City dollars allotted to consultant administration and mark -up.
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V. STANDARD HOURLY FEE SCHEDULE •
The Client agrees to pay Consultant as compensation for all authorized work included in the Scope ,
of Services heretofore stated, at the hourly rates below:
RJM Design Group Inc.
PRINCIPAL LANDSCAPE ARCHITECT $ 165 per hour
ASSOCIATE LANDSCAPE ARCHITECT $ 135 per hour
PROJECT MANAGER / JOB CAPTAIN $ 115 per hour
CADD TECEMCIAN/LANDSCAPE DESIGNER $ 95 per hour
DRAFTSPERSON $ 75 per hour
WORD PROCESSING $ 60 per hour
James Mickartz Architect
PRINCIPAL ARCHITECT $ 125 per hour
ASSOCIATE ARCHITECT $ 105 per houi
MCE Engineering
PRINCIPAL
$
130 per hour
PROJECT MANAGER
$
110 per hour
PROJECT ENGINEER
$
100 per hour
PROJECT SURVEYOR
$
100 per hour
DESIGN ENGINEER
$
90 per hour .
COMPUTER DRAFTSPERSON
$
70 per hour
PROJECT ASSISTANT
$
50 per hour
3 -MAN SURVEY CREW
$
230 per hour
2 -MAN SURVEY CREW
$
190 per hour
GLPEngineeringlna
PRINCIPAL /VICE PRESIDENT $ 175 per hour
ASSOCIATE $ 150 per hour
PROJECT MANAGER $ 125 per hour
DESIGN DRAFTER $ 95 per hour
CAD PLATTING $ 5 per sheet
Water Concern
PRINCIPAL $ 125 per hour
CADD TECHNICIAN $ 95 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.
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Cit6of Newport Beach
BUDGET AMENDMENT
2006 -07
E CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 07BA -059
AMOUNT:r $29,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
Ij No effect on Budgetary Fund Balance
To increase budget appropriations for Mariners Park Improvements Cell Tower donation from participating cell phone companies.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
Fund Account Description
Debit Credit
REW ESTIMATES (3601)
Fund/Division Account Description
250 4944 Contributions - Mariners Park Cell Tower
$29,000.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 7251 Contributions
Account
Number C5100817 Mariners Park Improvements
$29,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
Signed:
Q
Finiancl Approval: Administrati Services Director
Date
iigned:
(%
31gno
Administrative Appr al: City Manager
Dole
City Council Approval: City Clerk
Date