HomeMy WebLinkAboutC-3915 - PSA for CIP Project ManagementAMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING, INC. FOR
MARINA PARK
THIS AMENDMENT NO. FIVE TOP OFESSIONAL SERVICES AGREEMENT,
is entered into as of this Dff day of , 2010, by and between the CITY
OF NEWPORT BEACH, a California u is pal Corporation ("CITY"), and GABLE
ENGINEERING, INC., a California Corporation whose address is 2700 W. Coast
Highway, Suite 220, Newport Beach, California 92663 ("CONSULTANT"), and is made
with reference to the following:
RECITALS:
A. On February 13, 2007, City Council authorized City and Consultant to enter into
a Professional Services Agreement ("Agreement") for project management
services for the Marina Park Project ("Project").
B. On August 13, 2007, City and Consultant entered into Amendment No. One to
the Agreement to increase the scope of work and increase the total
compensation.
C. On March 25, 2008, City and Consultant entered into Amendment No. Two to the
Agreement to increase the scope of work and increase the total compensation.
D. On December 23, 2009, City and Consultant entered into Amendment No. Three
to the Agreement to increase the scope of work and increase the total
compensation.
E. On June 1, 2010, City and Consultant entered into Amendment No. Four to the
Agreement to increase the scope of work and increase the total compensation.
F. City desires to enter into this Amendment No. Five to reflect additional services
not included in the Agreement or prior Amendments, to extend the term of the
Agreement to January 31, 2012, to increase the total compensation and update
insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
Section 1 of the Agreement, Section 3 of Amendment No. One, Section 3 of
Amendment No. Two, Section One of Amendment No. Three and Section 1 of
Amendment No. Four are hereby amended and the following is substituted in its
entirety.
The term of the Agreement shall terminate on January 31, 2012, unless
terminated earlier as provided for in Agreement.
i+1111111YeelUwe] a007C7�
Section 2 of the Agreement, Section 1 of Amendment No. One, Section 2 of
Amendment No. Two, Section 2 of Amendment No. Three and Section 2 of
Amendment No. Four shall be hereby supplemented to include the scope of
services dated July 1, 2010, which is attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, Section 2 of
Amendment No. One, Section 2 of Amendment No. Two, Section 3 of
Amendment No. Three and Section 4 of Amendment No. Four shall be amended
hereby and the following is substituted in its entirety.
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 to the Agreement. Consultant's total amended
compensation for all work performed in accordance with this Agreement and all
prior amendments, including all reimbursable items and subconsultant fees, shall
not exceed Four Hundred Thirty -Two Thousand, Seven Hundred Fifteen
Dollars and no/100 ($432,715.00) without prior written authorization from City
("Total Amended Compensation").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Five, including all reimbursable items and
subconsultant fees, in an amount not to exceed One Hundred Forty -Four
Thousand, Three Hundred Forty -Five Dollars and no/100 ($144,345.00),
without prior written authorization from City.
4. INSURANCE
Section 14 of the Agreement shall be amended hereby and the following terms are
substituted in their entirety.
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
Page 12
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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
Page 13
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions.-
Waiver
rovisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
Page 14
F. 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.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement and Amendments One through Four shall remain unchanged and
shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yn t D. eau hamp ,
Assis nt City t orney 111Y
ATTEST:
By:
Attachment
CITY OF NEWPORT BEACH,
A California Municipal Corporation
By:
Y
Keith D. Curry,
Mayor
CONTRACTOR: GABLE
ENGINEERING, INC.
By.
Mark S. Rea r, P.E.,
President and Treasurer
Exhibit A — Additional Services to be Performed
Page 15
EXHIBIT A
Exhibit A Page 11
EXHIBIT A
Date: July 01 , 2010
Mr. Dave Webb
Assistant Public Works Director
3300 Newport Blvd.
City of Newport Beach, CA 92663
Re: Marina Park Project
Find enclosed a proposal to provide additional project management services to
proceed with Phases I, II and III of the Marina Park Project. This proposal covers the
periods from August 2nd, 2010 to January 15, 2012, which include advertise bid and
award of the Marina which can be completed by June 2011 as well as completion of
the Construction Documents anticipated to be completed by October 201 1 per the
latest project schedule.
Project Understanding And Scope
Gable Consulting (GC) will provide engineering design review and project
management services to assist the city of Newport Beach with the Marina Park
projecl through the various phoses of the project which inc!r_rde (1) Regula lory
Agency Processing (2) Design Deve?opment (3) Final Desitin and Engineering (4)
Construction Bid and Award of the Manna,
Req ulatory Agency Prpcesslr-ig
The Phase III Marina Park schematic plans will be submitted for agency processing.
The Conceptual Plans for Phases I and Ii will need to be further developed into
schematic plans for application submittal to the Coastal Commission. Tasks
associated with Agency Processing Include:
>-()(;W-C(:;;a�"1"J.i3C,ii4� ci'. _:il��i.1�-p;)R`I'13r1C!t( :�I1_6i— `iQ---,.'{.i�
I ) Assist city with processing of Coastal Development Permit with the California
Coastal Commission for Phases I, II and Ili
2) Assist with ACOS permitting for Phase III project. This includes issues relating to
dredging of marina, sand disposal and beach replenishment.
3) Assist with RWQCB permitting for Phase Ili project.
4) Coordinate with city staff to resolve boundary issues with the state lands
commission.
S) Assist city to manage consultant team to address corny -rents frons various
regulatory agencies for Phase I, 11 and III of the project.
After comments are received by the agencies the city will decide the direclion of the
Phase III project. This proposal assumes the issues with Coastal Commission can be
resolved, especially the wetlands, and the city will proceed with DD and CD of Phase
III project as outlined on the latest project schedule. Per the current schedule DD of
the Marina would start in November 2010 and Construction Documents for the
Community/ Sailing Center would end in October 201 1.
ECf lrnrl f Pd C1 lk f a{rtl Pr -i--+ \A--- - 7 zn I—, d,7 l C - & i n �-
IVIG, I Age - I ., VV I IL!IJIJ ,'C � I I - ,p 10,4UU
Project Assistant: 32 hours x $85 = $2.080
Subtotal = $20,480
CD and DD Phase
The tasks for this phase involve coordinating meetings between city staff and the
consultant team. Attendance of meetings and preparation of r-rieeting minutes will
be prepared for the DD and CD Phases for the Buildings and the Site. Weekly
rneetings are anticipated during the DD phase which per the schedule is 90 working
days. At the end of DD the phase the lead consultant will provide a construction
estimate of the buildings and the site design. A review of the consultants cost
estimate will be provided along with a report on value engineerir:g (VE) options,
especially if the project appears it is going over budget. Construclion plans will be
submitted to all the city departments for plan check. In addition to the city
department review, the plans will be r"viewed for the cons[w,,.-(ability r,nc1 assurances
thle VE decisions have been adhered to_ The architect will provide another cost
estimate at 90 complete of the CD phase and Gable Cons_alting and its project
team will represent the city in reviewing the accuracy of this estimate.
Gable Consulting will consult with Traker Development to assist with constructabiiity
reviews, construction scheduling, cost estimating review and value engineering of
the Community and Sailing Center. Traker developments proposal dated June 30,
2010 is made a part of this addendum.
Estimated subtotal : Project Manager = 624 hours x $115 = $71,760
Project Assistant: 200 hours x $65 = $13,000
Constructability Consultant = $26,250
Admin Fee ( 6% x 26,250) = $1,575
Subtotal = $ i 12,585
Miscellaneous Iterns
Other project tasks oiher than cis noted above may include the fallowing:
i) Assist city with purchase of vacant substation parcel owned by SCE.
2) Assist with issues relating to American Legion, Girl Scouts and Existing Mobile
Home Tenants
3) Assist city to obtain Loan frorri California Department of Boating and
Waterways and National Boating Infrastructure Grant programs.
4) Work with city staff to develop a Parking Management Plan.
5) Other miscellaneous items requested by the city
Estimated subtotal : Project Manager = 80 hours x $1 15 = $9,200
Project Assistant: 32 hours x $65 = $2,080
Subtotal = $11,280
Total Fee = $144,345
It should be noted that these hours will be billed on a time and materials basis to[-
services
orservices requested by the city. I look forNard to work -it -)9 with you toward a
successful con plelion of this project.
Sincerely,
Mark S_ Reader
President
Gable Consulting
The Project Management Services provided by Gable Consulting consist of the
following items.
1. Administrative Services
4- Be an extension of City Staff to oversee the successful completion of
the Marina Park project.
Review Ccnsullant team f?roject budget and scope
4- Assist staff with development of RFP'_..
i Assist with interviewinc; and seleclina consultants
Manage consultants as the owners rer)resentative
Sequence and schedule design projects with City Sluff.
4- Prepare and present status reports to file City as requested.
A- Maintain project schedule.
.4= Track consultant invoice amounts against the project scope and fee.
4-- Verify consultants work completed vs. consultant invoices submitted
for payment
:4- Assist the city in filing grant and bond reimbursements
4- Assure Grant and bond obligations are met
2. Regulatory Agency Processing
Manage consultants for preparation of Regulatory Agency
Applications
Assist with reviewing technical reports and response to Agency
Con menu
4- Review r-nitigatior measures and delern-ine if other fiscally responsible
solutions are available
4 Protect the City's interest it reciards to prr-)hosed r-niligation measures
and challenges
Abend and,'( -.)r conduct meeiings nec essc ry for coordination with city
staff, techr�ica( -onsu taws. stakeholders and members of the
concerned pUblic:.
-4- Assist city to identify and obtain all necessary regulatory agency
approvals.
4- Assist the City in maintaining communication and cooperation with
various slate and federal agencies
3. Design Phase
Obtain knowledge of City standards and verify if standards are
incorporated into project design.
Assist the City in developing specifications.
Assist City to negotiate contracls with technical consultants.
Review and monitor the design schedule.
4- Assisf 11he City in the iniplel`rl rl'ation of Its Qua ilv Assuranc ,/Quillity
Contrr;l (QA/QC)' processes.
Coofdit;ate meelings as needed between various city departments
and outside utility companies.
Constructability review at 651, 80°0, 90°o and 100° plan submiltai
packages.
Review design to recommend value engineering solutions.
4. Construction Management
A. Bid & Award Phase
4- Review architects and engineers probable construction cost
estimates
4- Determine bid items and alternate pay quantities
4- Prepare project specifications
4- Prepare Notice of Inviting Bids
,4- Conduct and/or manage pre-bid conferences, kickoff meetings and
site vISI�S.
Assist the City in evaluating bids arid in verifying background of
responsible low bidder
4- Assist the City in reviewing the bonds and insurance certificates for
'he responsive and responsible low biddei.
MRB DA TE
ACORDTM CERTIFICATE OF LIABILITY INSURANCE R054 08-03-2010
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NUTMEG INSURANCE AGENCY ITEC/PHS
186458 P:(866)467-8730 F:(877)538-5295
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY EXP/RAT/ON
DATE MM/DD/YY
PO BOX 29611
CHARLOTTE NC 28229
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Hartford Casualty Ins Co
INSURER B: Property & Casualty Co of Hartford
EACH OCCURRENCE
GABLE ENGINEERING INC.
INSURER c
2700 W COAST HWY STE 220
INSURER D:
NEWPORT BEACH CA 92663
INSURER E:
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 ANYCONTRACT 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 HAVEBEEN REDUCED BY PAID CLAIMS.
/NSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EfffCTIVE
DATE MM/DD/YY
POLICY EXP/RAT/ON
DATE MM/DD/YY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$1, 000, 000
ACOMMERCIAL
GENERAL LIABILITY
72 SBM IA5 7 5 6
06/09/10
06/09/11
FIRE DAMAGE (Any one fire)
s300, 000
CLAIMS MADE � OCCUR
MED EXP (Any one person)
$10 , 000
PERSONAL &ADV INJURY
S1, 000, 000
X General Liab
GENERAL AGGREGATE
S2 , 000, 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2, 000,000
O JPRX I LOC
POLICY-
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
7 2 UEC JR12 4 4
07/10/10
0 7/ 10 / 11
COMBINED SINGLE LIMIT
(Ea accident)
$1 000 000
� �
BODILY INJURY
(Per person)
S
_
ALL OWNED AUTOS
SCHEDULED AUTOS
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE L/AB/L/TY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY —
EACH OCCURRENCE
$
AGGREGATE
_ I OCCUR CLAIMS MADE
_ --$
DEDUCTIBLE �
S
-
- ---� -- �--�-�—
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
WC STATU- MOTH -I
TORY LIMITS - ER
_
E.L. EACH ACCIDENT '.. $
E.L. DISEASE - EA EMPLOYEE 1 $
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERA TIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Those usual to the Insured's Operations. City Of Newport Beach are an
Additional Insured per the Business Liability Coverage Form SS0008. Auto
Additional Insured : Certificate holder is named as additional insured per
endorsement HA 99 02 -Designated Person/Organization. **See cover page for
;additional wording***
CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER:
A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City Of Newport Beach 30 DAYS WRITTEN NOTICE IT DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
Attn Shauna Oyler HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3300 NEWPORT BLVD REPRESENTATIVES.
NEWPORT BEACH,CA,92663
ACORD 25-S (7/97)
I
ACORD CORPORATION 1988
NUTMEG INSURANCE AGENCY INC/PHS
PO BOX 29611
CHARLOTTE NC, 28229
City Of Newport Beach
Attn Shauna Oyler
3300 NEWPORT BLVD
NEWPORT BEACH,CA,92663
Additional Certholder Text
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 the Consultant. This policy shall
be considered primary insurance as respects to City, its elected or appointed
officers, officials, employees, agents and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the
ConsultantA'A�A�a,-aA-AGa,--A�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. 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. The insurer waives all rights
of subrogation against City, its elected or appointed officers,
officials, employees, agents and volunteers. 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. 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 written notice of non-payment of premium) written notice has been
received by City.
ACORD 25-S (7/97)
ACORN CERTIFICATE OF LIABILITY INSURANCE OP ID SX
FDATE (MM/DDIYYW)
`.� GABLE -3
08/03/10
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TYPE OF INSURANCE
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(OC) Heffernan Prof. Practices
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1855 W. Katella Ave. #255
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orange CA 92867
GENERAL LIABILITY
Phone:714-997-8100 Fax:714-460-9935
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A: Continental Casualty Co.
20443
INSURER B:
INSURER C:
MISES (Ea occurence)
PRE–DAVMISES
Gable Engineering, Inc.
9911 Irvine Ctr Dr. Ste. 150
Irvine CA 92618
INSURER D:
INSURER E:
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.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DDIYYYY
POLICY EXPIRATION
DATE MMIDD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
MISES (Ea occurence)
PRE–DAVMISES
-"--
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 1-1 OCCUR
MED EXP (Any one person)
S
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
PRO 1
POLICY JECT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
S
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
-
(Per person)
$
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS
(Per accident)
S
PROPERTY DAMAGE
S
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
S
AUTO ONLY: AGG
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR CLAIMS MADE
AGGREGATE
S
DEDUCTIBLE
S
i
RETENTION S
i
WORKERS COMPENSATION
77TT U- OT -
AND EMPLOYERS' LIABILITY
_TO
_RY LIMITS ER
E.L. EACH ACCIDENT
ANY PROPRIETOR/PARTNER/EXECUTIV4 11
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE S
If yes, describe under
- - -- __--
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT S
OTHER
A PROFESSIONAL SFA288332519 07/02/10 07/02/13 Per Claim $1,000,000
LIABILITY Aggregate $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
*10 Days Notice of Cancellation due to Non -Payment of Premium. Projects as
on file with the insured.
CERTIFICATE HOLDER CANCELLATION
CITY OF NEWPORT BEACH
ATTN: SHAUNA OYLER
3300 NEWPORT BOULEVARD
NEWPORT BEACH CA 92663
ACORD 25 (2009/01)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO!,
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California.
t� z0/0
Executed on this 6 day of Ay GV f7- �0*, at Newport Beach,
California..
/�li4jLiG ,� e�4n�x PSC 1 � i�c� r
[Add Consultant's name and title]
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 08/03/2010
Date Completed: 08/04/2010 Sent t
Company/Person required to have certificate:
I. GENERAL LIABILITY
A. INSURANCE COMPANY
Dept./Contact Received From: Shauna Oyler
o: Shauna Oyler By: Michelle Ross
Gable Enqineerinq, Inc.
Hartford Casualty Ins. Co.
B.
AM BEST RATING (A-: VII or greater): "A"(XV)
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes
H.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes
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.
AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Property & Casualty Co. of Hartford
B. AM BEST RATING (A- : VII or greater) "A"(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers).-
What
aulers):What is limits provided? $1,000,000
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? ❑ Yes
F. 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.
❑ No
❑ No
❑ No
❑ No
® No
❑ No
n/a
❑ No
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY:
B.
C.
D.
AM BEST RATING (A-: VII or greater): _
LIMITS: Statutory
WAIVER OF SUBROGATION (To include):
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Michelle Ross
Is it included?
August 04, 2010
Agent of Brown & Brown Date
Broker of record for the City of Newport Beach
❑ Requires approval/exception/waiver by Risk Management
Comments:
Approved:
Risk Management Date
B initials
❑ Yes ❑ No
® Yes ❑ No
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
July 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Dave Webb, Deputy Public Works Director /City Engineer
949- 644 -3328, dwebb @newportbeachca.gov
SUBJECT: MARINA PARK - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENTS WITH RABBEN /HERMAN DESIGN OFFICE AND GABLE
CONSULTING
ISSUE:
Staff is requesting approval of Professional Service Agreements with Rabben /Herman and
Gable Consulting to continue with the design and permitting of the Marina Park Project.
RECOMMENDATION:
1. Approve and authorize the Mayor to execute a new Professional Services Agreement with
Rabben /Herman Design Office to provide permitting support; project plans, specifications
and other necessary construction documents /reports; and provide construction
observation services for a cost not to exceed $2,203,713.
2. Approve and authorize the Mayor to execute Amendment No. 5 to the Professional
Services with Gable Consulting to provide Project Management Services including
oversight of the various design consultants, project permitting, design review and cost
estimating, value engineering, project scheduling, construction bid and award services
and other necessary project support services for a cost not to exceed $144,345.
DISCUSSION:
In early 2005, the City Council formed the City Council /Citizens Committee on Marina Park
Planning, The Planning Committee met in a series of public meetings which produced a plan
that combined two of the most prominent proposals from the Planning Committee. On
October 10, 2006, the Council favorably received this Concept Plan (then called the Park +
Marina Plan) and approved a scope of work for it.
The City also entered into an agreement with Rabben /Herman Design Office (R /HDO) for
further conceptual design, site analysis, programming needs assessment and cost estimating
for the Marina Park Project in November 2006. A Council /Citizens Committee on Marina
Marina Park
July 27, 2010
Page 2
Park Design was created and met 5 times to refine the design concepts presented by R /HDO
and its sub - consultant team. In February 2007 the City entered into an agreement with Gable
Engineering Inc to provide on -call Civil Engineering, Project Management and supplement
staff support for several projects as well as the Marina Park project. In October 2007
consensus was reached by this committee and R /HDO finalized the conceptual design and
prepared a Master Plan Final Report for the project. The concept plan proposed a new
visiting vessel marina, a visitor side tie dock and floating docks to support youth and adult
sailing programs, an 11,000 square foot Sailing Center building to support the needs of
various sailing programs within the community and a 10,000 square foot Community Center
to support the Sailing Center and other community programming needs. The upper floor of
the Community /Sailing Center includes a small cafe with outdoor seating, a second floor
patio /deck with views to the bay and a conference room and catering kitchen to support
various events such as award banquets. The remainder of the site will be a community park
which will provide physical and visual access to the bay beach (a window to the bay). The
amenities of the park include a new Girl Scout house, tennis courts, half -court basketball
courts, tot lot and children's water play area. Reconstruction of the 19th street restroom was
also included in the project by the Council /Citizens Committee subsequent to completion of
the Master Plan Final Report and will be included through the permitting phase. Actual
reconstruction of the restroom facility will be dependent upon available funding.
On November 13, 2007, the City Council approved the Marina Park Concept Plan and Final
Master Plan report and authorized the City Manager to bring forward a contract with R /HDO
for the schematic design phase of the Marina Park Project and proceed with preparation of
CEQA documents. This work has now been completed and the project is ready to enter into
the Design Development and Permitting phases.
Rabben /Herman Design Office Contract
As R /HDO is very familiar with the project and has provided quality services for the project to
date, and has worked with staff to negotiate a fair and competitive fee for the proposed
design services, staff is recommending City Council approve a new contract with the
Rabben /Herman Design Office and its sub - consultant team to continue their efforts to
complete the design and bid packages as well as to obtain the necessary regulatory agency
permits for the various phases of the project, including the contiguous beach improvements
north to the proposed replacement of the existing restroom at 19th street.
R /HDO will refine the schematic design plans through the design development phase and
then produce the construction documents and bid packages. R /HDO will provide plans and
technical information as needed to support our Coastal Commission consultant in obtaining a
Coastal Development Permit. Additionally R /HDO will oversee /coordinate and manage a
number of key sub - consultants including Bundy /Finkle Architects (architectural plans for the
Community/ Sailing Centers and the Lighthouse Restroom), Moffit and Nichol Engineers
(Marina, docks and dredging portion of the project), Fuscoe Engineering (Civil Engineering
surveying, grading plans, demolition plans, utility plans and a Water Quality Management
Plan) and Butsko Utility Design (utility coordination services for relocation /underg rounding of
the existing overhead utilities).
Marina Park
July 27, 2010
Page 3
Gable Consulting
Gable Consulting has assisted the City with the Marina Park project since February 2007.
This addendum with Gable Consulting will continue to provide staff support and project
management services through the regulatory agency permitting, plan development and
project bidding phases. Other related tasks include plan check/value engineering reviews,
project scheduling and cost estimate validation for phases 1,11 and III of the project; and
assisting staff with the purchase of the vacant SCE substation parcel, grant application and
coordinating with various stakeholders such as the American Legion and Girl Scouts.
ENVIRONMENTAL REVIEW:
On May 11, 2010, the City Council adopted Resolution No. 2010 -46 certifying the
Environmental Impact Report for the Marina Park Project, and adopted Resolution No. 2010-
47 adopting a Statement of Overriding Considerations, and approving the Site Plans for
Phases 1, 2, and 3 of the Marina Park Project.
PUBLIC NOTICE:
Not Applicable
FUNDING AVAILABILITY:
Sufficient funds are budgeted and available in the following account for both the
Rabben /Herman Design Office and the Gable Consulting contracts to continue their efforts
on the Marina Park Project.
Account Description
Major Facilities Fund (R /HDO PSA)
Major Facilities Fund (Gable PSA)
Prepared by:
Dave Webb
Deputy Public Works Director /City Engineer
Attachments:
Account Number
7411- C4002002
7411- C4002002
Total
Submitted
Amount
$2,203,713.00
$144,345.00
$2,348,0A8.00
Stephen G. Badum° '
66rPublic Works Director
1. Professional Services Agreement with Rabben /Herman Design Office.
2. Amendment 5 to Professional Services Agreement with Gable Consulting.
PROFESSIONAL SERVICES AGREEMENT WITH
RABBEN /HERMAN DESIGN OFFICE LTD
FOR MARINA PARK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and
RABBEN /HERMAN DESIGN OFFICE LTD, a California Corporation whose address is
833 Dover Drive, Suite 9, Newport Beach, California. 92663 ( "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 reuse the existing Marina Park property to construct a Marina,
Community Sailing and Community Center Buildings and Community Park.
C. City desires to engage Consultant to act as the lead consultant for preparation of
permitting support, design development, construction documents and
construction observation services for the Marina Park Project ( "Project').
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 Daniel W.
Herman, Vice President of RABBEN /HERMAN DESIGN OFFICE LTD,
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 301h day of June, 2015, 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 ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and
Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the 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 either 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 Two Million, Two
Hundred Three Thousand, Seven Hundred Thirteen Dollars and no /100
($2,203,713.00) 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
Professional Services Agreement Page 2
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction 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.
4.4 Upon the first anniversary of the Commencement Date and upon each
anniversary of the Commencement Date thereafter, the rate to be paid by
the City as set forth in Exhibit B shall be adjusted in proportion to changes in
the Consumer Price Index, subject to the 3.0% maximum adjustment increase
set forth below. Such adjustment shall be made by multiplying the original
rate by a fraction, the numerator of which is the value of the Consumer Price
Index for the calendar month three (3) months preceding the calendar month
for which such adjustment is to be made and the denominator of which is the
value of the Consumer Price Index for the same calendar month one (1) year
prior. For example, if the adjustment is to occur effective June 1, 2011, the
index to be used for the numerator is the index for the month of March 2011
and the index to be used for the denominator is March 2010. The "Consumer
Price Index" to be used in such calculation is the Consumer Price Index, All
Urban Consumers (All Items) for the Los Angeles Anaheim Riverside
Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics (1982 84 = 100). If both an official index and one
or more unofficial indices are published, the official index shall be used. If
said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no
event, however, shall the amount payable under this agreement be reduced
below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of
the Rate in effect immediately preceding such adjustment.
Professional Services Agreement Page 3
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 DANIEL W. HERMAN 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 the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. DAVE WEBB,
or his designee, 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:
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
Professional Services Agreement Page 4
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,
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,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of 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
Professional Services Agreement Page 5
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 the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
Professional Services Agreement Page 6
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager,
C. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
Professional Services Agreement Page 7
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
Professional Services Agreement Page 8
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on 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. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the 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.
Professional Services Agreement Page 9
18. 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.
19. INTELLECTUAL PROPERTY INDEMNITY
The 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.
20. 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.
21. 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.
22. 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.
Professional Services Agreement Page 10
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The 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.
25, 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: Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3328
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Daniel W. Herman
Rabben /Herman Design Office LTD
833 Dover Drive, Suite 9
Newport Beach, CA 92663
Phone: 949 - 548 -3459
Fax: 949 - 548 -5743
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
Professional Services Agreement Page 11
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, 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.
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.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
Professional Services Agreement Page 12
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney,
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY AT RNEY:
B y: /
yn D. Beaueh mp,
Assistant City At or ey
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
C
Keith D. Curry,
Mayor
CONSULTANT:
RABBEN /HERMAN DESIGN OFFICE
LTD.
By:
Daniel W. Herman,
Vice President and Treasurer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 14
EXHIBIT A
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
Date: as 12, 201
Revised June 18. 2010
Project: Marina Park - Permitting Support, Design Development, Construction Documents
and Construction Observation Services
Location: Newport Beach, CA
Client: City of Newport Beach
3300 Newport Boulevard
PO BOX 1768
Newport Beach, CA 92658
Contact: Mr. Dave Webb, Deputy Public Works Director
Tele: (949) 644 -3328
FAX: (949) 644 -3308
E -Mail: dawebb@city.newport-beach.ca.us
Project Team Landscape Architect
Rabben /Herman Design Office
June 18, 2010
& Proposal Date Architect
Bundy Finkel Architects
June 16, 2010
Marine Engineer
Moffat and Nichol
June 9, 2010
Civil Engineer
Fuscoe Engineering
June 10, 2010
(Phase 1 and 2)
April 13, 2010
Dry Utility Consultant
Butsko Utility Consultants
April 16, 2010
Understanding and Approach:
R /Hdo will manage a team assembled to provide permitting support, Design Development, Construction Documents
and Construction Observation services for the Marina Park project. The improvements to be designed as illustrated
in the Marina Park Schematic Design Plan, as prepared by R /Hdo, dated October, 2008, amended on April 2009.
The permitting support services will be provided directly to City retained consultants and will include preparing
supplemental documents for applications and interfacing with the California Coastal Commission, the Corps of
Engineers, and other jurisdictions having authority over the project. Bidding support and Construction Observation
phase services will be provided as requested by City staff.
A summary of the services includes:
Update Schematic Design Plans
Incorporate approved VE modifications to the building and site plans. Develop the marina basin water circulation
system and prepare structural calculations and engineering sketches for seawall conditions, groin wall, elevated
platform and hoist, and marina guide piles in sufficient detail to define project components.
Agency Processing and Permitting
Prepare and submit necessary documentation for submittals to the California Coastal Commission, the Corps of
Engineers, the City of Newport Beach Harbors Department, and other jurisdictions having authority over the project.
The Coastal Commission process is being led by a City retained Consultant. All work would be completed on an
hourly basis only upon request of the Consultant and the approval of the City's Project Manager.
Rabben /Herman design office
Miuviv, �rincwawosusnsvaoaowsw ,auaawnaarc� cawawWMION AWSTwPR 0 �w Rto Page 1 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
Phase I and II Schematic Design
Develop plans for removing the remaining trailers and any other site improvements and construction of new
improvements per the exhibits prepared by R /Hdo, dated July 28, 2009. Identify key issues and costs associated
with each phase
Phase I and II Design Development, Construction Documents
Refine plans for removing the remaining trailers and any other site improvements and construction of new
improvements per the exhibits prepared by R /Hdo, dated July 28, 2009.
Phase III Design Development Plans
Prepare Design Development Documents reflecting all of the site and building improvements described in the
Schematic Design Plans, as well as incorporating the adjustments made afterthe review of the opinion of probable
cost. All phases of the project would be brought to a Design Development level, as a single plan package.
Phase III Construction Document Phase(s)
Assist in the preparation of a scope and scheduling of the project elements. Prepare Final Construction Documents
and technical specifications for the construction of all of the elements included in the Design Development
Documents unless modifications are directed by the City. Plans would be prepared in multiple packages; (1) marina
seawall and dredging, (2) docks, (3) buildings and site improvements. The buildings and site improvements
package would use phasing lines to divide the project being bid and constructed into two phases.
Bidding and Construction Observation Phase(s)
As the City staffing level is unknown at this time estimates of general support have been provided. Services would
be provided on an hourly basis as requested by the City.
Assumptions:
The proposal is based on the following assumptions:
Our proposal is organized according to the latest schedule and phasing plans as prepared by the Public Works
Department. Fees are identified by phase on the Fee Schedule in Attachment 5. The schedule also identifies the
time period the work is expected to be completed.
stimated in 2010 dollars. The contract will allow for annual escalation on the contract
anniversary for work occurring in e The escalation will be calculated based on
the increase in the Consumer Price Index for the length of the time period, pro -rated for the first year, or ac i
thereof and annually thereafter.
All design services are proposed to be completed on an hourly not -to- exceed basis.
We will start with the last circulated version of the Schematic Design package (dated October 6, 2008) and
incorporate the VE reductions and the City's modifications. In addition further work will be completed on the Water
Circulation Study and structural design of water side elements both of which will be used for the Agency
applications and the DO phase drawings.
The four primary agencies that will require approval include: City of Newport Beach /Harbors Division, the Army
Corps of Engineers, the Regional Water Quality Board, and the California Coastal Commission. The Corps has been
identified as the lead agency for all other federal review of the Marina portion of the project. We do not anticipate
the need for Design Development level drawings for any of these submittals, though we do anticipate the need for
Rabben /Herman design office
mnvaHEnNc Ra Os SMPRo0 .Ii< ixna KDD_uw, I MKWTXa STEamwosa._IXWM OC Page 2 o 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
special exhibits and summary information that will utilize and /or supplement the Schematic Design drawings. The
specific requests will be directed by the City retained Coastal Commission Consultant and approved by the City's
Project Manager .
Applications for other agencies, specifically the Army Corps of Engineers, the Regional Water Quality Control Board,
State Water Resources Control Board and the California Department of Fish and Game will be prepared by the
team. At this time it is not anticipated that the project will require a Lease Agreement with the CSLC, however we
have included the effort to conduct a jurisdictional review with the State Lands Commission
The Department of Public Works will be responsible for all work associated with the asbestos removal for all
buildings and coaches being demolished as part of the project.
The City will retain directly a Government Relations Specialist, Geotechnical Engineer, and a Marine Biologist, to
lead the preparation applications, consistency evaluations, and briefings to agency staff, inform lead technical staff
and agency commissioners of the intent and the details of the project. These consultants will coordinate the
California Coastal Commission approval process, set meetings, and coordinate the responses to the various
agencies. The design team will provide input as requested on an hourly basis. It is anticipated that there will be a
need to prepare a Compensatory Mitigation Plan, but since many of the details will not be defined until the review is
substantially complete, scope and fees for that work will need to be added to this contract at the appropriate time.
Work specifically related to the Girl Scout House is generally not included in this scope of work. Pad improvements
and utility extensions are included, along with approvals from the California Coastal Commission.
Replacement of existing City utilities running thru the site are not part of this proposal with the exception of the
undergrounding the existing overhead electric line and the relocation of existing dry utilities. This proposal includes
the design of new utility laterals and connections to support the proposed facilities. These laterals will be connected
to the existing utility services. Further coordination regarding the timing of the undergrounding and associated
improvements within the overall schedule is required.
The work is expected to begin in May 2010 and the Coastal Commission submittals for Phases I, 11 and III are
scheduled for July 6, 2010. A new Phase I and II Schematic Design package will be prepared and utilized for these
submittals.
Work would begin on a single construction package for Phase I and If following the first set of Coastal Commission
comments and approval by the City of Newport Beach. A decision to prepare plans only for Phase I or for both
Phases I and II would be made by the City at this time. The package would be completed by early October and be
submitted for City Approvals and Permitting.
Design Development will be prepared for all portions of the Phase III scope simultaneously, in order to maximize
integration and coordination between the packages. This work is expected to start once the first round of comments
on the Phase 3 work have been received from the Coastal Commission, and will incorporate the input from the
Water Circulation Study and the design of the seawall and docks prepared for agency processing.
Preparation of the Phase If Construction Documents would be prepared in multiple packages. These include a
seawall & dredging package, a docks package and a park and building package. The park and building package
will show phasing lines so that the improvements can be approved, bid & constructed as separate projects, yet
maintain the necessary integration and coordination. We believe that this is the most economical method to
prepare these plans and to obtain building permits from the City.
Rabben /Herman design office
w+ nuRrcErwcvaorosuswsaaoPosuswiaMnaixnPSxrcoo_ wrumnnaiwnomaavasrenmaPOSni _iaomnR, ooc Page 3 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
Copies of all proposals from the prime consultants and the sub consultants have been included in the Appendix
section of this proposal. Tasks from the prime consultants have been incorporated into the scope of work. These
proposals are provided for information only and we do not anticipate them being made part of the final contract.
It is expected that during the Construction Phase meetings will be held regularly throughout the Construction Phase
and attendance will only include the relevant consultants. As team lead R /Hdo expects to attend all meetings.
These meetings are assumed to be held once every two weeks during the dredging operation, monthly during the
Dock Construction phase and weekly during the other two phases.
Rabben /Herman design office
MunwrcEnnaoanrnow .sos aaoaasusmiwswnnaaixoo cawn�virvnaane oorocn MasrrxPaoaos� INWIRI C Page 4 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 1
SCOPE OF WORK
Task 1 Update Phase 3 Schematic Design Documents - completed SD documents would be updated to
incorporate City approved VE scope changes, the detailed water circulation system study would be
completed and structural calculations and engineering sketches would be prepared to properly define
project components to a level appropriate to submit to State and Federal Agencies,
A. Revise /update completed Schematic design documents to reflect all City approved Value Engineering
scope changes and City comments. This includes revisions to both the building and the site related
plans.
B. Develop the water circulation system design and the implications of the proposed system to the basin
and dock design. Select an appropriate circulation system /device and determine the impact on the
docks and seawall.
C. Prepare sketches and project descriptions that can be used in permit applications.
D. Prepare structural calculations and engineered sketches forthe seawall conditions, groin wall,
elevated platforms and hoist, and marina guidepiles, in sufficient detail to properly define project
components to the satisfaction of State and Federal agencies.
Anticipated Phase Duration: 4 months
Anticipated Deliverables:
1)Final Modeling and Evaluation of Water Quality in proposed Marina layout.
2)Permit application and supporting documentation for each agency application.
3)Revised Improvement Plans and Overall Site Plan.
Task 2 Agency Processing and Permitting for Phase 1, 2 & 3 -This scope includes two major tasks; support
for the City's Coastal Consultant for the application and review by the California Coastal Commission, and
application with related support for all the subsequent permits required for the project. The first task would
be performed hourly as requested by the City's Coastal Consultant and approved by the City's Project
Manager.
A. Prepare documentation requested by City's Coastal Consultant for submission to CCC to gain approval
of Phase 1, 2 and 3 plans and the coastal development permit
B. Prepare and submit applications and supporting documentation to COE, RWQCB, CSLC and CDFG to
gain approval of marina and park, and the transfer of dredged material to receiver beaches located
within the City.
C. Meet with agencies to clarify submittals and responses. It is expected that there will be 1 formal
hearing with each agency and two direct meetings with agency staff
D. Revise improvement plans in response to Agency requirements.
E. Incorporate revised plans into overall site plan
Anticipated Phase Duration: 6 -12 months
Anticipated Deliverables:
1) Permit application and supporting documentation for each agency application.
Rabben /Herman design ice
MIMiRXERNMRWoSPLS 'I�HtoPo5P151015MggIW3MK00 WRiWMK G=A unslEaapo OW-'m Rio Page 5 o 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
Task 3 Stakeholder and Public Meeting Participation - as the project progresses prepare for and participate in
meetings to inform various constituencies of the status of the project and it's processing, as well as
present the various milestones in the project design.
Task 4 Phase I and II Schematic Design Documents - develop Concept Plans for Phase I and II, as prepared by
R /Hdo July 28, 2009 to a schematic level suitable for submittal for permitting to State and Federal
agencies.
A. Prepare a schematic level plan indicating removal of the existing coaches and demolition required for
Phase I and II improvements.
B. Prepare schematic plans to regrade the site, restripe the existing asphalt alley, add sidewalks and a
restroom, and the necessary utility improvements in general conformance to the Concept Plans Meet
on -site with the city and the team and review the Schematic Designs.
C. Revise the preliminary plans to a final Schematic Design level.
D. Preparation of a Preliminary Water Quality Management Plan for Phases 1 & 2
Anticipated Phase Duration: 1 month
Anticipated Deliverables:
i)Demolition Plan
2)Hardscape Plan
3)Landscape Plan
4)Irrigation Plan
5)Utility Improvement Plan
6)Preliminary WQMP
7)Preliminary Grading Plan
Task 5 Phase 1 and 2 Construction Documents
A. After collection and review of City and Coastal Commission Comments, prepare Detailed Construction
Documents for Phases 1 and 2 of the project
Anticipated Phase Duration: 6 Weeks
Anticipated Base Scale: 1" = 40', 1" = 20' & 1 " =8'
Anticipated Sheet Size: 24" X 36"
Anticipated Deliverables:
Construction Document and Specifications Package
1) Hardscape Construction Plans - Construction Plans indicating construction reference
notes, legends, material schedules, and layout and detail reference call -outs.
2) Planting Plans - Planting Plans indicating planting locations, complete with detailed notes
and legends
3) Planting Details - Planting Details.
4) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends, sprinkler head
layout, piping. POC's, valves, backflow and irrigation controller locations.
5) Irrigation Details - Irrigation Details.
RabbenlHerman design office
N u.wRxEnrvcwnPOo Ml cawOs Wi<uswnnMKDD -MA NNWWK CUMA WS ROP 10MR10a Page 6 o 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
6) Utility Improvement Plans - Plans showing utility connections for restroom and irrigation.
7) Statement of Probable Construction Costs - prepare a Statement of Probable Construction
Costs based upon the construction documents
8) Precise Grading Plan - Finalize plan showing grading and drainage.
9) Final Water Quality Management Plan including SWPPP and NO]
10) Specifications - Specifications that describe in detail, general requirements, products and
execution methods for scope of work. Format to be selected under consultation with the
City. Submit hardcopy and disk in Word format will be submitted to the Client for
incorporation into the overall Project Specification Manual.
Task 6 Phase 3 Design Development (Preliminary Engineering)
B. Kick Off meeting - meet with the project team in a workshop setting to review the changes that have
been requested, as well as concerns raised by the EIR, agency comments and other public inputs.
Discuss submittals and project schedule - assume one meeting.
C. Supplemental Survey - Conduct additional survey for horizontal and vertical controls in areas where
significant coordination with existing work is required - at the American Legion, in Newport Boulevard
at the location of the proposed turn pocket, along 1810 Street, potholing of existing utilities, and the
elevation data necessary for the two beach replenishment sites at China Cove and Lifeguard
headquarters.
D. Develop Design Development level documents identifying all major elements and materials for the
project, as included in the approved Schematic Design package, prepared by R /Hdo, dated October
6, 2008
E. Interim Review Meeting - Conduct In process review of each element with City Representation to
review progress and make decisions.
F. Interim Submittal - Submit 50 % DD plans for formal review and comment.
G. Team Coordination Meetings - attend team coordination meetings with the project team to resolve
specific coordination issues - assume 5 meetings.
H. Prepare Outline Specifications.
I. Consultant Coordination.
J. Design Development Submittal - Submit 100% Design Development Package for all elements and
collect City comments and input. Responding to all City comments is not anticipated with a new 100%
DD Submittal; rather all changes would be reflected in the first CD submittal. A matrix identifying all
comments and agreed upon resolution of those comments would be prepared and submitted.
Anticipated Phase Duration: 18 Weeks
Anticipated Base Scale: 1" = 40', 1" = 20' & 1 " =8'
Anticipated Sheet Size: 24" X 36"
Anticipated Deliverables: Design Development Package
Waterside Design Development Elements consisting of the following plans:
1) Design Development Sea Wall & Groin Wall Layout drawings - Plans, sections and
elevations describing dimensions composition and construction of wall systems, as well
as intended utility and dock connections.
2) Design Development Dock Layout Plans - Plans showing dimensions, materials, utilities
and accessories.
Rabben /Herman design office
Muuur ,�nrvcwaoaovasosva°aosusW14u ixaMKDD CAWRirvwaarv°°roca Page 7 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
3) Dredging documents - exhibits describing extent and quantity of dredging and proposed
methods and locations of disposal.
4) Design Development Detailing of ADA gangway, guard rails, gates, hoist support, and
other architectural appurtenances.
5) Design Development of water quality circulation system - see Schedule 2 Additional
Services #2.
6) Completion of Structural Design on seawall and groinwall.
7) Preliminary Plans For Beach Replenishment project.
Architectural Design Development Element consisting of the following plans:
1) Updated partial site plan with building footprints defined, location of services, parking,
access to and from site and building from within 5' building perimeter.
2) Design Development Dimensioned exterior elevations.
3) Design Development Dimensioned floor plans.
4) Selected building sections / details sufficient to describe building character.
5) Updated outline specification in 81/2" x 11" format.
6) Refined color and materials board for exterior materials and selected interior materials.
7) Preliminary drawings defining key systems components - structure, mechanical,
plumbing, and electrical systems.
8) Coordinate building structural systems with waterside structural design.
9) Conceptual sketches of key interior elevations, special treatments and feature design
concepts.
10) Outline report for LEED documentation.
Site Design Development Element consisting of the following plans:
1) Base sheets compiled from the survey, the architectural footprint, and the civil
engineering layout for the roads and gutters. These base sheets will be the basis for all
site based plans prepared during design development and construction documents.
2) Design Development Hardscape Construction Plan. Prepare Plan indicating construction
notes and legends, materials, finishes, colors and detail reference call -outs. Identify
specific manufacturer of playground and water play equipment.
3) Enlarged Hardscape Construction plan for key areas.
4) Design Development Planting Plan. Prepare Planting Plans indicating planting notes and
legends, Tree sizes and locations and preliminary shrub palette
5) Design Development Details. Prepare construction details for hardscape and landscape
elements including playgrounds water park, entry sign, site furniture shade structures and
rails /fences.
6) Design Development Layout Plan.
7) Design Development Irrigation Plan. Prepare Irrigation Plans indicating general irrigation
notes, preliminary irrigation equipment legends, and mainline layout.
8) Design Development Signage Plans - Prepare plans identify type, location, verbiage and
character for Site signage for Project Identification, Safety and Way finding.
9) Lighting Plans. Prepare plans identifying Lighting elements and conceptual fixture
selections.
10) Water Play Coordination Plan. Prepare preliminary layout of water play elements, and
equipment locations, identifying precise utility requirements and points of connection.
11) Landscape Construction Estimate of Probable Cost.
Rabben /Herman design office
rnaMnarFrwcraorosusos aaorowswuuaxmwvanxoo cauwwrurnrvrc oorocn WSMN0n1Q 1M9A1 me Page 8 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
Civil Engineering Preliminary Engineering Element consisting of the following plans:
1) Design Development Grading and Drainage Plans -Plans describing specific grading and
drainage intent and final elevations of all elements.
2) Design Development Civil Layout Plan - Plans describing site civil components including
new curbs and vehicular pavements.
3) Design Development Utility plans - Plans showing wet utility locations elevations and
appurtenances.
4) Design Development Fire Access Plan - Plan showing access to all locations required by
the City Fire Department, with information about access routes and signage, hydrant and
connection locations, and preliminary fire line locations.
5) Design Development Pavement Marking Plans
6) Design Development Traffic Control Plans
7) As a part of the overall site improvements, plans showing the necessary improvements to
Balboa Boulevard as well as the widening of 18' street.
8) Preparation of the Final Water Quality Management Plan
Utility Design Development Element consisting of the following plans:
1) Design Development Site Utility Profile Summary
2) Project Plan identifying Utility Company Processing Milestones
3) Preliminary Plan Submittal Letters for Utility Companies
Task 7 Phase 3 Construction Documents
Prepare construction documents and specifications suitable for bidding. Packages will be prepared for Marina
Seawalls /Dredging, Balboa Center and Park improvements, and Marina Docks. The Balboa Center /park package
would utilize phasing lines to divide the plans into two bidding/construction phases. Precise timing and phasing of
each package will be contingent upon the Construction Activity Plan. Each of the activities below will be conducted
for each of the packages, unless otherwise specified.
A. Review Meeting - In a workshop setting, review the comments generated by the Design
Development Submittal that pertain to the Construction Package, as well as current status of the
other packages. Discuss schedule for submittals, review and issue of drawings for bidding.
Assume four meetings
B. Consultant Coordination - provide coordination as it relates each team members work relative to
other project consultants work, within each individual package.
C. In -House Review and Plan Check - provide continuous in -house review and plan check of the
Construction Documents.
D. Preliminary Submittal - submit a 60% complete construction documents package to the Client for
review and comment
E. Plan Revisions - provide revisions to the landscape construction documents to gain Client and City
approval.
F. Package Coordination - prior to submitting the Complete Package, distribute a copy of the
package to Consultants preparing other packages for review, comment and coordination.
Rabben /Herman design office
rw.imcarcErnwwnorosaiaw vRoaos�sw�auawxavaanoo uwawwwanxoorocavas >EAmoaosu_iwsosai ooc Page 9 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
G. Complete Submittal - submit a 90% complete construction documents package to the Client for
review and comment. The 90% Submittal is intended to be used for the necessary City review and
Planning and Building Department permits: all the construction documents will be reviewed by
Planning, Fire, Police, Parks General Services and Public Works. Building Permits would be issued
for the packages containing habitable buildings.
H. Team Coordination Meetings - attend team coordination meetings with the project team to resolve
specific coordination issues - assume 6 meetings.
I. Utility Company Design Coordination - Obtain work orders required to submit plan package to
utility companies and establish schedule for design, review, and completion. Coordinate design
effort by utility company and team review of utility design. Obtain and review all utility agreements
for accuracy of cost methodology and rule application. Process agreements and right -of -way
documents. Deliver final utility agreements/ contracts to client. Provide summary of project costs
incurred and potential refunds.
1. Plan Revisions - provide revisions to the landscape construction documents to gain Client and City
approval.
K. Complete "BID SET' Submittal - submit a 100% complete "Bid Set" construction documents
package to the Client for bidding purposes.
Anticipated Phase Duration: See Project Schedule
Anticipated Base Scale: 1" = 40', 1" = 20' & 1 " =8'
Anticipated Sheet Size: 30" x 42"
Anticipated Deliverables: (listed by construction package)
Seawall Dredging and Groin Wall Construction Package
1) Seawall and Groin Wall Construction Documents - These plans will illustrate the
construction of the seawall and jetty, including structural design and calculations.
2) Grading/dredging Description Documents - Plans describing the scope and extent of
grading/dredging and the testing and disposal strategy for the removed material.
3) Beach Replenishment Plans showing the placement and quantities of sand being placed
at two on shore locations as well as the near shore disposal sites.
4) Seawall and Groin Wall Guardrail Design - Details illustrating the design of the railing
atop the seawall, reflecting the design character of the remainder of the site.
5) Statement of Probable Construction Costs - prepare a Statement of Probable
Construction Costs based upon the construction documents.
6) Specifications - Specifications that describe in detail, general requirements, products
and execution methods for scope of work. Format to be selected under consultation with
the City. Submit hardcopy and disk in Word format will be submitted to the Client for
incorporation into the overall Project Specification Manual.
Dock Systems Construction Package
1) Dock Layout Plans - Plans showing dimensions, materials, utilities and accessories.
2) Performance Specification - Criteria describing required characteristics of dock structural
and pontoon system, Gangways, sewage pump -out system and any other specialized
mechanical systems.
Rabben /Herman design office
M: i�. waHEnrvawaovosusnsaamosuswiuxwuueanHOO camw.vxwrax ooroc WS7RMn OW_Ia Rl XC Page 10 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
3) Dock System Utility Package - Drawings showing utility systems and their connection to
the landside utility system.
4) Water Circulation System Drawings and Calculations - Plans describing the equipment
and it's installation in the Basin, with the connection to utilities and structures. See
Schedule 2 Additional Services #2.
5) Statement of Probable Construction Costs - prepare a Statement of Probable
Construction Costs based upon the construction documents.
6) Specifications - Specifications that describe in detail, general requirements, products
and execution methods for scope of work. Format to be selected under consultation with
the City. Submit hardcopy and disk in Word format will be submitted to the Client for
incorporation into the overall Project Specification Manual.
Balboa Center and Park Construction Package
1) Architectural Plans for Balboa Center Building(s) - Construction documents describing
restroom building, indicating dimensions, materials, fixtures furnishing and finishes.
These plans include floor plans, roof plans, accessibility plans, sections, elevations
details and finish schedules.
2) Structural Plans and Calculations for Balboa Center Building(s) -
3) Architectural Plans for Lighthouse Restroom - Construction documents describing
restroom building, indicating dimensions, materials, fixtures furnishing and finishes
4) Structural Drawings of Lighthouse Restroom - Structural drawings and calculations for
the restroom building
5) Plumbing and Mechanical Plans for Balboa Center Building(s) -
6) Electrical Plans for Balboa Center Building(s) -
7) Plumbing Plans - Plans describing plumbing systems for restroom building, and
establishing points of connection for utilities
8) Electrical Plans - Plans describing electrical systems for restroom building, and
establishing points of connection for utilities, and integration into proposed secondary
system.
9) Title 24 Calculations - Calculations for California energy efficiency requirements.
10) Fire /Life Safety Concept Design - Conceptual layout of Fire Sprinkler and Life Safety
System with performance Based Specification for deferred design by contractor.
11) Construction Document Base Sheets - Refine the design development base sheets
prepared during design development. Delineate the scope of Site development
associated with the Balboa Center. These base sheets will be the basis for landscape
construction documents.
12) Hardscape Construction Plans - Construction Plans indicating construction reference
notes, legends, material schedules, and layout and detail reference call -outs.
13) Tennis Court Construction Plans - Plans indicating the layout and construction of the
tennis courts and their related furniture and equipment.
14) Hardscape Construction Details - Construction details of hardscape elements, i.e. steps,
walls, fountains, pools, etc.
15) Planting Plans - Planting Plans indicating planting locations, complete with detailed
notes and legends.
16) Planting Details - Planting Details. 1
17) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends, sprinkler
head layout, piping, POC's, valves, backflow and irrigation controller locations.
18) Irrigation Details - Irrigation Details.
Rabben /Herman design office
MAWRKUIN 3IX+o Sffi RR�BnLSA1<MgMPWXOOuWR,xa MKDDTo MSSTEffl 0 _ioocaeRi WC Page 11 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
19) Signage Plans - Drawings to guide fabrication and direct installation of Signage for
project Identity, safety and way - finding. Establish signage schedule and coordinate
requirements and character with internal building signage.
20) Street and Parking Lot Plans with profiles for the project frontage at 18th Street and
Balboa Boulevard. Includes widening of 18th Street and driveway modifications to
Balboa Boulevard. Plan will reflect finished paving, signing and striping, curbs and
gutters, sidewalks and street lights. Includes plan check revisions, construction notes,
quantities, and construction details.
21) Rough Grading Plan - Rough Grading Plan including rough grade pad elevations, slopes,
street undercuts, edge conditions, cross sections, and other pertinent information
required for rough grading. Includes earthwork calculations, agency plan check revisions,
construction notes, quantities, and construction details.
22) Precise Grading Plan - Precise Grading Plan. Including plotting of local grading design.
Sidewalks to be shown for reference only with construction details to be shown on
landscape architect's plans. Parking bays, courtyard grades, sidewalk grades, earthwork
calculations, erosion control and construction details, such as deepened footings, to be
shown on Precise Grading Plan. Includes agency plan check revisions, construction
notes, quantities, and construction details.
23) Sewer Plan - Sewer Improvement Plans. Plan will indicate sewer main alignment and
sizing, manholes, laterals, and sewer profiles. Includes plan check revisions, construction
notes, quantities, and construction details.
24) Water Plan - Water Improvement Plans. Plan will indicate water main alignment and
sizing, and locations and sizing of fire hydrants, water meters, and valves. Includes plan
check revisions, construction notes, quantity estimate and details.
25) Storm Water Prevention Plan. - SWPPP for use by Client. Plan shall address Best
Management Practices (BMPs), as identified in the California Storm Water Best
Management Practice handbooks, as appropriate. Includes the filing of the Notice of
Intent (NOI) and Notice of Termination (NOT). Also, prepare a Final Water Quality
Management Plan (WQMP) in conformity with requirements of the local agency, as
approved and amended from time to time by the California Regional Water Quality
Control Board. WQMP shall include structural and non - structural BMPs for use by Client
to certify temporary and permanent onsite water quality control.
26) Underground Fire Pfan - On -Site Fire Line Plans. Includes Fire Marshall approval and
verification of fire flows. Includes coordination with fire sprinkler consultant for locations
and sizing of detector checks and fire lines. Includes plan check revisions, construction
notes, quantities, and construction details.
27) Fire Access Plan - Fire Access Plan per the requirements of the City of Newport Beach
Fire Authority, This Plan will identify, fire hydrant locations, post indicator valves and fire
department connections. Fire lanes, signage, and fire fighter access will also be shown.
28) Onsite Hydrology /Hydraulics Report - Hydrology Report documenting existing and
proposed drainage patterns and systems. Includes hydrology map, hydraulic
calculations, and a written narrative of the proposed project, its impacts, and how they
are mitigated.
29) Site Lighting Plans - Plans showing light fixtures for the site area, as well as wiring
diagrams and connections to building electrical systems
30) Statement OF Probable Construction Costs - Statement of Probable Construction Costs
based upon the construction documents.
Rabben /Herman design off-ice
M WRKErNRM OB Sffl maaoMW14uamaaWD UMWUW MK oorocn WSTERPRCPO5P1 T- QRio Page 12 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
31) Specifications - Specifications that describe in detail, general requirements, products
and execution methods for scope of work. Format to be selected under consultation with
the City. Submit hardcopy and disk in Word format will be submitted to the Client for
incorporation into the overall Project Specification Manual.
Task 8 Bidding and Negotiation
Assist the Client during the bidding
requested hourly basis.
construction documents for each package. Support will be provided on an as
A. Addenda - provide addenda to the construction documents during bidding and coordinate written
documentation as required.
B. Bidder Coordination - respond to bidders questions throughout the entire bidding process.
C. Bid Evaluation and Bidder Selection Meetings - attend meetings, if requested, to evaluate the
landscape bids - maximum 7 meeting, one for each phase.
Anticipated Phase Duration: Not Available
Anticipated Deliverables:
1) Addenda and Construction Document Clarifications.
2) Bidder's list, if requested.
Task 9 LEED Coordination/
Assist the Client in applying 'Silver LEED performance standards throughout the design and construction process for
the buildings. This includes equipment selection, design review, operational training and post occupancy evaluation.
Complete and submit the forms for LEED certification.
A. Provide a charette coordination meeting with LEED consultant and selected project consultants to
indentify LEED points to be pursued and strategize implementation of selected tasks.
B. Prepare plans and specifications for LEED related components, prepare and coordinate
documentation online of assigned credits as pertains to assigned roles.
C. Fundamental commissioning - including commissioning plan, functional testing, operations and
maintenance training and summary report
Anticipated Phase Duration: See City Schedule
Anticipated Deliverables:
1) Commissioning specifications plan and report.
2) Systems manual.
Task 10 Construction Observation
Assist the Client in making periodic site visits to monitor the progress of the work and determine if the Project is
proceeding in accordance with the design intent of the construction documents.
A. Site Visits - provide site visits to monitor the stages of construction, as requested by the Owner.
Site visits are anticipated to be weekly for all building construction, every two weeks for seawall
construction and dredging, and monthly for the dock construction.
Rabben /Herman design office
titwaAxErwcaRorowsnsvaoaosatsoi< unawncaa HOO- cRUaRiwacRx DOrocnraSTsw CW-IOMR1mC Page 13 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
B. Plant Selection and Tagging - visit Southern California nurseries, if required, to review and tag
plant material for use on the project - allow two 8 -hour days.
C. Field Reports or "Punch Lists" - prepare typed field reports indicating the status of construction for
each site visit attended.
D. Project Coordination - perform on -going coordination with the project consultants and contractors
to resolve landscape - related construction installation issues.
E. Shop Drawing Review - review, comment and process, contractors shop drawings as they relate to
the construction documents.
F. Request for Information "RA's" - review and respond to Contractor's RFI's during the course of
construction. Prepare clarification drawings, if required, to resolve construction ambiguities.
G. Change Orders - prepare and coordinate project change orders as necessary, with the Client.
H. Record Drawings - Provide as- designed drawings that record the design intent through all phases
of the process. Provide as -built drawings for project incorporating noted discrepancies and minor
field related conditions provided to the design team by way of a set of construction documents
marked up by the contractor and provided at project close -out. Fee is based on an assumed
number of hours per sheet x drafting rate. It is anticipated that the hours allocated will be
reviewed and evaluated, and the City will be notified, prior to making the changes if additional
time is required.
Anticipated Phase Duration: Varies by construction package, see City Schedule
Anticipated Deliverables:
1) Field Reports or Punch Lists
2) Reviewed Shop Drawings
3) As- Designed Drawings
4) As -Built Drawings
Rabben /Herman design office
MIWKENGWRWOWSMPROPOSNSWII IIWMK000A,MgRINMMKOBT0 AM5TER%WOSPl_IWMRI.000 Page 14 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 2
ADDITIONAL SERVICES
Services in addition to those identified in Schedule 1 (Scope of Work) when requested shall be identified as such
and billed at the current billing rate schedule. Additional services shall include, but are not limited to the following:
A. Items that the Client deems are R /Hdo's responsibility indicated in Schedule 3 (Proposal
Exclusions).
B. FIREWATER BOOSTER PUMP - the necessity of a firewater booster pump system that may be
required by the City of Newport Beach Fire department has not yet been determined. If required,
the design would be considered an Additional Service.
C. WATER CIRCULATION SYSTEM DESIGN -The requirement fora water circulation system will be
clarified after agency processing is complete. Upon approval of the proposed system, either by
the City of Newport Beach and or the CCC a scope and fee for the design of the system will be
submitted.
D. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of Schedule
1 (Scope of Work). R /Hdo and their team may be requested to make additional presentations of
the project to agencies, the public, or others. If these presentations are required, they will be
prepared using Microsoft PowerPoint
E. FEES - Payment for governmental permits, application fees, processing fees, and plan check fees.
F. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1 (Scope
of Work).
G. SPECIAL RENDERINGS - professional renderings often required to portray the project design in a
more highly articulated or rendered fashion than is usually customary.
H. ADDITIONAL CONSTRUCTION PACKAGES - repackaging of work or the creation of additional
packages after the completion of the construction activity package will be an additional service.
I. STATE LANDS LEASE AGREEMENT(S) - Preparing, submitting, and finalizing a lease agreement for
any state lands found to be within the scope of the project.
Rabben /Herman design office
RIMWMENNGWROPOS SkO9PROPOS 0148 lrt PMNM GIMg WMNODYq WSiE OPOS4JOMRI0 Page 15 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 3
SPECIFIC EXCLUSIONS
A. Horticultural soil testing.
B. BIO- SURVEY BY A CERTIFIED MARINE BIOLOGIST. A bio- survey is normally required as part of the
ACOE and CCC permit process. This survey must be conducted by a certified marine biologist and
is prepared for the purpose of determining the existence of endangered plant and animal life in
the impacted areas. If endangered plant or animal life is found and deemed to be impacted by
the project, additional costs for mitigation and monitoring will be incurred. These reports are
assumed to be by others.
C. SPECIAL ENVIRONMENTAL STUDIES - all environmental studies are excluded from this proposal.
D. COSTS FOR ALL APPLICATION AND PERMIT PROCESSING FEES - The City will be responsible for
payment of all fees.
E. GEOTECHNICAL SERVICES - These services are assumed to be provided by City staff or
consultants retained directly by the City.
F. GOVERNMENT RELATIONS AND DREDGING PERMIT SPECIALISTS - These services are assumed to
be provided by City staff or consultants retained directly by the City.
G. RESIDENT ENGINEERING - Construction Observation phase services are limited to support of City
staff.
H. Preparation of General Conditions and Boilerplate section of specifications. It is anticipated that
the owner will provide the initial section and contracting terms for the project manual. We do not
believe that this project should use the standard specification book ( "Green Book ")
Rabben /Herman design office
Mwxae�irvaoaovosusas r, �oaosusnwwuirvnaaxxoo_cnuwaw�rax oorocnswsm+aAOaose4,imsmA�.00c Page 16 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 4
SUPPLEMENTARY TERMS AND CONDITIONS
fary from those that may actually be existing despite the use
may not obtain complete information about existing conditions.
Construction documents shall be in sufficient detail to enable a knowledgeable general contractor following
established industry practices to complete construction with routine inquiries for information and engineering
clarifications. Based on common waterfront practice and in the Design team's judgment, contract documents will
consist of performance specifications sufficient to enable the Contractor and subcontractors to design and construct
particular portions of the Project.
Owner acknowledges that changes to the Construction Documents will inevitably be required as a result of minor
omissions, ambiguities and /or inconsistencies in the plans and specifications, or as may arise due to unforeseen
site conditions. These changes could impact the project's cost and schedule. The Design Team will make changes
to impacted construction documents due to these possible changes at no cost to the Owner. The Design Team will
not take responsibility for construction cost or schedule due as a result of these minor omissions, ambiguities
and /or inconsistencies in the plans and specifications, or as may arise due to unforeseen site conditions.
Site observations shall be only for the purpose of determining, in general, if the work is in compliance with
Construction Documents and with the general design intent. The Design Team will have no involvement in
construction means, methods, sequence, techniques or safety precautions; and will not otherwise take
responsibility for contractor performance.
Since the Design Team has no control over the cost of labor, materials or equipment, or over any con rac or
method of determining prices or over com eti i a neon of grobabl
are based solely upon his informed judgment: and if Owner wishes
s near existing tacilities is brations or loss of suppi
tential re is type of construction. The Design team will attempt to mitigate these potential cond
ingenuity and forward m rantee construction efforts will not proceed without some
e sensitive issues will be discussed directly with the CitvsfsJPwnnrt ftaach Pnh is ialc cn the
Rabben /Herman design office
M IP"KECIVWRWO5PL PRDP SkgGiaM1a MPn Kx CMMIW MK DDS AWSMRM&oSV 1WW9R10 Page 17 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 5
FEE SCHEDULE
We will perform the Scope of Work as described for the following fees, plus reimbursable expenses.
The Design Team reserves the right to use unspent funds for a given task to supplement another task or phase with
prior written City approval.
(See attached spreadsheet)
Rabben /Herman design office
MwnRKUINWRmOsu Ma Sa vouvrairu MKDD WM WMK DDT c; vaStEnMA OW Mm R,,WC Page 18 of 19
Marina Park
Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal
SCHEDULE 6
Standard Hourly Rate Schedule
Effective January 1, 2010
SCHEDULE OF FEES
For Professional Services
COMBINED RATE SCHEDULE FOR THE FULL TEAM ATTACHED
Hourly rate schedule is subject to adjustment in July of each year.
Reimbursable Expenses
Travel: Private vehicles @ $0.585 per mile.
Such as:Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials,
long distance telephone, telex, fax, special shipping or delivery, models and renderings,
lodging and subsistence.
Rabben /Herman design office
MUMRK IN VFOP05 Wg PRO OS IIMSaMnPMM cnuv IWw KDDT cAWSTERWwG a IWWI,o Page 19 of 19
Marina Park
Fee Estimate 100 l"d CO 0-1 will pe-tting assistance for CCC & permittirg for athm agenc as.
Task
5UO'tolal Total
g[H I?o M &N BPp Poi[o 0ut5XO fees 1111, Esc. 111¢01re,
TASK l Updam 50 package (Or submittal to CCC
$
4,$00 5
29,500 $
,426,4
5 /12 /10- 5 /31 /10'_
10.)60
C.1.
5 39.160
ComPlelian al the Water Circulation SmdV
$
33,100
!1 Jnn
s 33]00
TASK2 pgenry permitting
$
37,750
6/151, ME 31/11
"us,
0.0325,
5 's 7"
Coast al 0.ppliq[bn Support
$
25,000 5
Mond
5/12/!0- 3/31/11_$_
00325 Ya
$ 32,650
TASK 3 Stakeholder Meetings
5
5000
$
4500
6/ IS/ 103 /31'l1
9, `, p:]u
W 284
5 9J 85
TASK Prepare PF asel and 1150 P1a ns
5
13.1 SO
S
]2,500
S /12 /ID- 5 /111C 5
,4005°
s IsIsn
TASK S Prepare Prow l and n Cpa
$
33.330
5
12,950
6 1l /le-
/ 6/1 t: 16
0'J p.i
[5 210
Bldding)Task 10)
$
2,000
It /IE /102/IS /:i
Of
II Op'i
5 �C00
ConsUUCtlan ObservaGOn (Talk 101
$
18,000
3/31/1L10/l1/1i 5
y00C
0032Sk
5 18.585
I-k... lHA- Marina Seawall
5
3,D50 $
62,000
5/1/10 9 /147 10 ';
5 [5D
0 00°,7
c 65,150
Park, Ilia Manna Dredging
$
32,150
5/2/109/14/10 5
A,21
5 32]50
package 1110 - Comm /SaIFng Cenurl l)
$
22,500
5
161,A50 $
30,300 S
4,000
5 /:2/10- 9/14 /10 5
='.9,1'_0
Doc. /a
000%
s 219,230
Paekag[ IIIC OOeks
$
58,000
5 /134 /30 5
58000
D.00%
5
Packa g<IIIp� Playgrounds, Reztroom
5
ul]50
$
21,250
5 /i2 /10 9 /l4 /ID 5
1000
0.00 °2
63000
5 63.1100
Sall
S up plem enl al Surveys& Pol holing
00
Untler round Utili ties
$
2,500
$
21,120
10/11/:0. 11/11/11 5
16;1
110125%
5 24.380
Package llA Marina Seawall
$
5,550 $
96,0 C0
1071/10- 1 /30 /11 ':
Iul Ell
nprl
101,550
Package IIIA Manna Ortdglng
5
53.250
10/1/10- 1 /30 /11 5
73,256
000%
5 53,250
PackagemB Comm /51,1771 Cem er(11
$
40,500
5
262,375 5
36,725 $
9,)2C
3 /1111- 6/23/11 5
139,221
00325%
5 349,SDO
Package IIIC -0ads
$
90,000
10 /2B /11. 12/2) /11 5
91 006
0.03250.
$ 92,925
Package 10 Park, playgrounEi. Rezhnom11
$
)5,500
$
34 925 $
25,425
311/11,6 /23/11 $
1 " e51
0.0325 °n,
5 140.255
OI /site Beach D,-r s
$
11,250
package 1110.- Marina Seawall /Dredging
$
7,000
n /1 /!t -6 /9/11 f
0 D325'n
5 ),228
Pe ckege lllBCOm m /SaIIIng Cem er
$
2,500
5
6,000 $
2,000
m /29/114/5/13 1
10.500
003255°
< m,641
PackagelnL Docks
S
5,250
a /2) /1 2_ ) /5 /12 <
5 250
0.0661'F
5 5,6!8
Package llD Park Play noun d5 Rfs 0
$
4
5
5
/ /
TA5K9 LEED Certlf,caion
5
13,500
$
95,800
Min-1 :
09.300
016611
ir951
Package IIIA Marina Seawall /Dredging
$
1200 $
62,000
1/2d/11= W11,2
69,26D
006619.
$ 71044
Package 1118 Comm /SaAlng Center
$
25,000
$
121,111
5
4,000
_5
2µ7/l2- 2 /l4 /13 5
151110
406611
5 160,618
Package IIIC 00cks
5
4,000 5
42,15C
8 1I7 11F 3/28/13 $
76250
C.1007X
$ 51.199
Package 'CD Park, plavgrovntl s, R.cvaom
5
34,000
$
16,090
$
7,000
12121 /12. 5/9/13 5
54 890
0.10011
5 60.763
Ae Aldt nd Ae-0esagned Orawinge All Packages
5
14,000 $
22,000 $
5,200 $
4400 5
1,000
3/29/126/9/13 5
46100
0. Wo"'..
5 51143
13) Dengnetl and pemlrIed a[ a single package with Phasing Ii neS
Totals $ 396,130 $ 630,450 $ 734,160 $ 342,430 $ 43,640
led'Tela1 5 1, ?29 960
Ttl min Fee
EnInr ledE.pfn,m
Grantl Total
S 1,991.663
5.60, 1 89.350
m, JDD
S 2,203,313
EXHIBIT B
MARINA PARK
COMBINED RATE SCHEDULE
Rabben Herman design office
Principal
$
195.00
Senior Associate
$
135.00
Associate
$
85.00
Staff
$
75.00
Clerical
$
55.00
Moffat & Nichol
Supervisory Engineer /Scientist
$
215.00
Senior Engineer /Scientist
$
197.00
Engineer /Scientist III
$
185.00
Engineer /Scientist II
$
164.00
Engineer /Scientist 1
$
143.00
Staff Engineer /Scientist
$
114.00
Senior Technician
$
158.00
Designer
$
147.00
CADD II
$
121.00
CADD 1
$
92.00
Word Processing
$
92.00
General Clerical
$
74.00
Principal Engineer/ Scientist
$
240.00
Court Appearances
$
300.00
Bundy Finkel*
Principal
$
150.00
Senior Designer
$
125.00
Project Manager
$
105.00
Draftsperson
$
85.00
Clerical
$
45.00
*Hourly rates for Subconsultants to Bundy Finkel available on request
$
121.00
Fuscoe Emmneerin
President
$
234.00
Principal
$
206.00
Senior Project Manager
$
196.00
Project Manager
$
159.00
Senior Designer/ Project Engineer /Senior Water Resources Engineer
$
136.00
Designer /Engineer /Project Scientist /GIS Coordinator
$
121.00
CADD /Engineering/ Environmental Tech. /Graphics Tech.
$
94.00
Information Coordinator
$
70.00
1 Man Survey Crew
$
160.00
2 Man Survey Crew
$
215.00
3 Man Survey Crew
$
245.00
Butsko Utility Consultants
Principal in Charge
Project Manager
Project Coordinator
Designer
AutoCAD Drafter
135.00
110.00
80.00
95.00
65.00
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING, INC. FOR
MARINA PARK
THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this _ day of 2010, by and between the CITY
OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and GABLE
ENGINEERING, INC., a California Corporation whose address is 2700 W. Coast
Highway, Suite 220, Newport Beach, California 92663 ( "CONSULTANT "), and is made
with reference to the following:
RECITALS:
A. On February 13, 2007, City Council authorized City and Consultant to enter into
a Professional Services Agreement ( "Agreement ") for project management
services for the Marina Park Project ( "Project "),
B. On August 13, 2007, City and Consultant entered into Amendment No. One to
the Agreement to increase the scope of work and increase the total
compensation.
C. On March 25, 2008, City and Consultant entered into Amendment No. Two to the
Agreement to increase the scope of work and increase the total compensation.
D. On December 23, 2009, City and Consultant entered into Amendment No. Three
to the Agreement to increase the scope of work and increase the total
compensation.
E. On June 1, 2010, City and Consultant entered into Amendment No. Four to the
Agreement to increase the scope of work and increase the total compensation.
F. City desires to enter into this Amendment No. Five to reflect additional services
not included in the Agreement or prior Amendments, to extend the term of the
Agreement to January 31, 2012, to increase the total compensation and update
insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
Section 1 of the Agreement, Section 3 of Amendment No. One, Section 3 of
Amendment No. Two, Section One of Amendment No. Three and Section 1 of
Amendment No. Four are hereby amended and the following is substituted in its
entirety.
The term of the Agreement shall terminate on January 31, 2012, unless
terminated earlier as provided for in Agreement.
2. SCOPE OF WORK
Section 2 of the Agreement, Section 1 of Amendment No. One, Section 2 of
Amendment No. Two, Section 2 of Amendment No. Three and Section 2 of
Amendment No. Four shall be hereby supplemented to include the scope of
services dated July 1, 2010, which is attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, Section 2 of
Amendment No. One, Section 2 of Amendment No. Two, Section 3 of
Amendment No. Three and Section 4 of Amendment No. Four shall be amended
hereby and the following is substituted in its entirety.
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 to the Agreement. Consultant's total amended
compensation for all work performed in accordance with this Agreement and all
prior amendments, including all reimbursable items and subconsultant fees, shall
not exceed Four Hundred Thirty -Two Thousand, Seven Hundred Fifteen
Dollars and no /100 ($432,715.00) without prior written authorization from City
( "Total Amended Compensation ").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Five, including all reimbursable items and
subconsultant fees, in an amount not to exceed One Hundred Forty -Four
Thousand, Three Hundred Forty -Five Dollars and no /100 ($144,345.00),
without prior written authorization from City.
4. INSURANCE
Section 14 of the Agreement shall be amended hereby and the following terms are
substituted in their entirety.
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
Page 12
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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
Page 13
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv_ Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
Page 14
F. 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.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement and Amendments One through Four shall remain unchanged and
shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yn t D. i- u hamp, p
Assis nt City t orney Illy
ATTEST:
:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Keith D. Curry,
Mayor
CONTRACTOR:GABLE
ENGINEERING, INC.
Mark S. Reader, P.E.,
President and Treasurer
Attachment: Exhibit A — Additional Services to be Performed
w E
EXHIBIT A
Proposal for Pngineerinq Services
Date: July 01, 2010
Mr. Dave Webb
Assistant Public Works Director
3300 Newport Blvd.
City of Newport Beach, CA 92663
Re: Marino Park Project
Find enclosed a proposal to provide additional project management services to
proceed with Phases I, II and III of the Marina Park Project. This proposal covers the
periods from August 2nd, 2010 to January 15, 2012, which include advertise bid and
award of the Marina which can be completed by June 2011 as well as completion of
the Construction Documents anticipated to be completed by October 2011 per the
latest project schedule.
Project Understanding And Scope
Gable Consulting (GC) wil! provide engineering design review and project
management services to assist the city of Newport Beach with the Morino Park
project through the vonous phases of fhe prolecf which include (1) Regulatory
Agency Processing (21 Design Development (3) Final Design and Fngineering (4)
Construction Bid and Award of the Marina.
Regulatory Agency Processing
The Phase Ili Marina Park schematic plans will be submitted for agency processing.
The Conceptual Plans for Phases I and II will need to be further developed into
schematic plans for application submittal to the Coastal Commission. Tasks
associated with Agency Processing Include:
S 1'' -20 NEWPORT fzc.A(.-H CA 9 --66i' 9i9-981 5MO
I ) Assist city with processing of Coasfal Development Permit with the California
Coastal Commission for Phases I, II and III
2) Assist with ACOE permitting for Phase III project. This includes issues relating to
dredging of marina, sand disposal and beach replenishment.
3) Assisi with RWQCB permrfting for Phase 111 project.
4) Coordinate with city staff to resolve houndory issues r,vith I' ,e state loads
commission.
5) Assist city fo manage cor:sulfonl team to address comments from various
eaulafory agencies for Phase- i, II and III of the project.
After comments are received t,y the )C rncl•_s the city will decide the direction of the
Phase III project. This proposal assumes the issues with Coastal Commission can be
resolved, especially the wetlands, and the city will proceed with DD and CD of Phase
III project as outlined on the latest project schedule. Per the current schedule DD of
the Marina would start in November 2010 and Construction Documents for the
Community/ Sailing Center would end in October 201 1.
Esfimalod subtotal • Pry;—... �. + &vAluonager = 160 ho urs { P 1 15
10,4VU
Project Assistant: 32 hours x $65 = $2,080
Subtotal = $20,480
CD and DD Phase
The tasks for this phase involve coordinating meetings between city staff and the
consultant teary). Attendance of meetings and preparation of meeting minutes will
be prepared for the DD and CD Phases for the Buildings and the Site. Weekly
meetings are anticipated during the DD phase which per the schedule is 90 working
days. At the end of DD the phase the lead consultant will provide a construction
estimate of the buildings and the site design. A review of the consultants cost
estimate will be provided along with a report on value engineering (VE) options,
especially if the project appears it is going over budget. Construction plans will be
submitted to all the city departments for plan check. In addition to the city
department review, the plans will be reviewed for the constructobility and assurances
the VIE decisions have been adhered to. The arcl-itecI will provide onothei cost
estimate at 90% complete of the CD phase and Gabie Consulting and its project
team will represent the city in reviewing the accuracy of this estimate.
Gable Consulting will consult with Traker Development to assist with constructability
reviews, construction scheduling, cost estimating review and value engineering of
the Community and Sailing Center. Traker developments proposal dated June 30,
2010 is made a part of this addendum.
Estimated subtotal : Project Manager = 624 hours x $115 = $71,760
Project Assistant: 200 hours x $65 = $13,000
Consfructability Consultant = $26,250
Admin Fee ( 6% x 26,250) _ $1,575
SubtO a = $1 1.2,_585
Phi ceIIaneoos Ifonu
Cihe( projeci tasxs uiher than cis noted above may Include the tcllov.ing:
1 ) Assist oily with purchase of vacant substation ;parcel owned by SCE.
2) Assist with issues relating to ,Americon Legion, Girl Scouts and Existing Mobile
Home Tenants
3) Assist city to obtain Loan from California Department of Boatinq and
Waterways and National Boating Infrastructure Grant programs.
4) Work with city staff to develop a Parking Management Plan.
5) Other miscellaneous items requested by the city
Estimated subtotal Project Manager = 80 hours x $115 - $9,200
Project Assistant: 32 hours x $65 = $2,080
Subtotal = $11,280
Total Fee = $144,345
If should be noted that these hours will be billed on a tine and materials basis for
services requested by the city. I look forward to working ✓✓ith you toward a
successful completion of thls project.
Sincerely
Mark S. Reader
President
Gable Consulting
The Project Monagen,ent Services provided by Gable Consulting consist of the
following items-
. Administrative Services
,1- Be an extension of Cif, Staff to ove!see the successful completion of
the Marir a Park project.
Review : on,'ullnnf I-om pfolr,cl budget r,nd s 0p,
4- Assisi staff wit^ RFP';_
assn I �,ievvir _ ind selecting cup soitants
d- Manage consdlonls as the owners representati,e
Sequence and schedule design projects with City Staff.
d- Prepare and present status reports fo the City as requested.
4- Maintain project schedule.
4. Track consultant invoice amounts against the project scope and fee.
4- Verify consultants work completed vs. consultant invoices submitted
I or payment
4 Assist the city in filing grant and bond reimbursements
4- Assure Grant and bond obligations are met
2. Regulatory A ency Processing
l Manage consultants for preparation of Regulatory Agency
Applications
d Assist with reviewing technical reports and response• to Agency
Comments
4- Review mitigation n neosures and determine if other fiscally responsible
solutions are available
Protect the City's interest in regards to proposed miiigation measures
and challenges
4- Attend and /or conduct meetings necessary for coordination with city
staff, technical Consuitonts., stakeholders and members of the
concerned public.
4L Assist city to identify and obtain all necessary regulatory agency
approvals.
d-. Assist the City in maintaining communication and cooperation with
various state and federal agencies
3. Design Phase
4- Obtain knowledge of City standards and verity if standards are
incorporated into project design.
Assist the City .n developing specifications.
C -t;' to . agofiatu contmc!s 0.'] Ht sec' 1' I, Ul IS tu'+'
Revievv and monitor the design schedule.
+ fl-c '.ii i,J enlen' ci rl OI t� 1. -rA iy ?.S;u((_I J /La UC71t`�
Cuc ole clings us needed n. °i,ti c �r vans rs p,arhien "s
and outside utility companies.
4- Consiructability review at 65%, 800 -., 40% and 100° plan submiltni
packages.
4- Review design to recommend value engineering solutions.
4. Construction ManaaemPnf
A. Bid & Award Phase
1 Review architects and engineers probabie construction cost
estimates
4- Determine bid items and alternate pay quantities
Prepare project specifications
4 Prepare Notice of Inviting Bids
yk Conduct and /or manage pre -bid conferences, kickoff meetings and
site visits.
Assist the City in evaluating bids and in verifying background of
responsible low bidder
4- ,Assist the City in reviewing the bonds and irsurar ce certificates for
the responsive and responsible lo,ry bidder.
40 30 (0
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH GABLE ENGINEERING, INC.
FOR MARINA PARK
THIS AMENDMENT NO. FOU TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this 1"�'r day of JMN_, 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and
GABLE ENGINEERING, INC. a California Corporation whose address is 392 Ramona
Way, Costa Mesa, California 92627 ("CONSULTANT"), and is made with reference to
the following:
RECITALS:
A. On February 13, 2007, City Council authorized CITY and CONSULTANT to enter
into a Professional Services Agreement, hereinafter referred to as
"AGREEMENT," for project management services for the Marina Park, hereinafter
referred to as "PROJECT."
B. CITY and CONSULTANT have entered into three separate AMENDMENTS of
the AGREEMENT. City Council authorized AMENDMENT NO. ONE on August
13, 2007 and AMENDMENT NO. TWO on March 25, 2008. The Public Works
Director authorized AMENDMENT NO. THREE on December 23, 2009.
C. CITY desires to enter into this AMENDMENT NO. FOUR to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS and to
increase the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. FOUR," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall remain unchanged and will terminate on
June 30, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE through THREE, CONSULTANT shall diligently
perform all the services described in AMENDMENT NO. FOUR including, but not
limited to, all work set forth in the Scope of Services attached hereto as Exhibit A
and incorporated herein by reference. The City may elect to delete certain tasks
of the Scope of Services at its sole discretion.
3. COMPENSATION
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 to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two
Hundred Eighty -Eight Thousand, Three Hundred Seventy Dollars and
no/100 ($288,370.00) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. FOUR, including all reimbursable items and
subconsultant fees, in an amount not to exceed Twenty -Four Thousand,
Three Hundred Dollars and no/100 ($24,300), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
FOUR on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynet D. B hamp, I
Assistant City Atthrney
ATTEST:
Leilani I. Brown,
City Clerk
L
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
David A. Kiff,
City Manager
GABLE ENGINEERING, INC.
Y'
Mark S. Rea.E.
President and Treasurer
Attachment: ExhibllRQ�eFial Services to be Performed
2
EXHIBIT A
�S
GABLE CONSULTING, Inc.
Addendum No. 4 to
Proposal for Engineering Services
Date: April 23, 2010
Mr. Dave Webb
Assistant Public Works Director
3300 Newport Blvd.
City of Newport Beach, CA
Re: Marina Park Project
As requested I am submitting to you my estimate to provide additional project
management services due to anticipated adoption of the EIR and proceeding
with Regulatory Agency processing. The re -circulated EIR is anticipated to be
adopted on May 1 1 th, 2010. It is estimated the project management time
moving forward could average 20 hours per week. The addendum will cover the
periods from April 12th, 2010 to June 18th, 2010, a period of 10 weeks.
The estimated fee for services is as follows:
1) Assist the city in determining scope and fee of consultant contracts for the
next phase of design services. Assist the city to negotiate consultant
agreements.
2700 W. COAST HIGHWAY, STE 220 . NEWPORT BEACH CA 92663 . 949-981-5260
2) Assist city with processing of Coastal Development Permit with the
California Coastal Commission. Assist with ACOE and other agency
permitting for Phase III
3) Coordinate with city staff to resolve boundary issues with the state lands
commission.
4) Coordination with the city and consultants in preparation of Phase I and II
design plans. Assist with preparation of Regulatory Agency permitting of
Phase I and ll.
Estimated subtotal of hours: Project Manager 200 hours
Project Assistant: 20 hours
Total amount of estimated time: 220 hours
Estimated Cost Proiect Manager: (200)($1 15) _ $23,000
Estimated Cost Project Assistant: (20) ($65) _ $1,300
Total Estimated Project Cosh $24,300
It should be noted that these hours will be billed on a time and materials basis
for services requested by the city. I look forward to working with you toward a
successful completion of this project.
Sincerely,
r
Mark S. Reader, P.E.
President
Gable Engineering Inc
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING, INC. FOR
CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this �& day of IkeeW6G✓ , 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and
GABLE ENGINEERING, INC., a California Corporation whose address is 1048 Irvine
Avenue #441, Newport Beach, California 92660 ("CONSULTANT"), and is made with
reference to the following:
RECITALS:
A. On February 13, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for capital
improvement project management services, hereinafter referred to as
"PROJECT."
B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the
AGREEMENT, the latest dated March 25, 2008.
C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional
services not included in the AGREEMENT or prior AMENDMENTS, to extend the
term of the AGREEMENT to June 30, 2010 and to increase the total
compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
9:17Ji
The term of the AGREEMENT shall be extended to June 30, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all
the services described in AMENDMENT NO. THREE, including but not limited to,
all work set forth in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. COMPENSATION
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 to AMENDMENT NO. 3. Consultant's total amended
compensation for all work performed in accordance with the Agreement and all
amendments, including all reimbursable items and subconsultant fees, shall not
exceed Two Hundred Sixty -Four Thousand, Seventy Dollars and no/100
($264,070.00) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. THREE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Twenty -Three Thousand,
Six Hundred Seventy Dollars and no/100 ($23,670.00.), without prior
written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
THREE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
"Myne,66 D. , eauamp,
Assistant City A rney
AT'
go
Xbr Lity uerK
CITY OF NEWPORT BEACH,
A Municipal CorpWation
;sBadum,
rks Director
GABLE ENGINEERING, INC.
Bye
Mark Reader,
President and Treasurer
Attachment: Exhibit A — Additional Services to be Performed
EXHIBIT A
GABLE ENGINEERING, INC.
Addendum No. 3 to
Proposal for Engineering Services
Date: November 24, 2009
Mr. Dave Webb
Assistant Public Works Director
3300 Newport Blvd.
City of Newport Beach, CA
Re: Marina Park Project
As requested I am submitting to you my estimate to provide additional project
management services due to re -circulation of the EIR. The re -circulated EIR is
anticipated to be certified by March 31, 2010. The addendum will cover the
periods from October 18th, 2009 to April 30th , 2010, a period of 28 weeks.
The estimated fee for services is as follows:
1) Coordinate with city staff and consultants to submit the REIR to the state
clearinghouse.
2) Coordinate with city staff and consultants to address public comments
3) Assist the city in determining scope and fee of consultant contracts for the
next phase of design services. Assist the city to negotiate consultants
agreements.
4) Assist city with processing of Coastal Development Permit with the
California Coastal Commission
9911 Irvine Center Dr. Ste 150 • Irvine, Ca 927618 - 949.981.5260 * 949.788.1991 FAX
Estimated subtotal of hours: Project Manager 190 hours
Project Assistant: 28 hours
Total amount of estimated time: 218 hours
Estimated Cost Project Manager: (190)($1 15) = $21,850
Estimated Cost Project Assistant: (28) ($65) = $1,820
Total Estimated Project Cost: $23,670
It should be noted that these hours will be billed on a time and materials
basis for services requested by the city. I look forward to working with you
toward a successful completion of this project.
Sincerely,
Mark S. Reader, P.E.
President
Gable Engineering Inc.
C -�eo(o,
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GABLE ENGINEERING, INC.
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this c&t� day of /Ilam 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation ("City") and GABLE ENGINEERING INC.,
a California Corporation, whose address is 1048 Irvine Avenue #441, Newport Beach,
California, 92660 ("Consultant"), is made with reference to the following:
RECITALS
A. On February 13, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for capital improvement
project management services.
B. On August 13, 2007, City and Consultant entered into an Amendment No. 1,
hereinafter referred to as "Amendment No. 1 ", for additional project management
services.
C. The Amendment's term is due to expire on June 30, 2008.
D. City desires to have Consultant provide additional project management services
in connection with the preparation of schematic design, Environmental Impact
Report, and geotechnical investigation for the Marina Park project.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
compensate Consultant for additional professional services needed for City
under the terms and conditions set forth in this Agreement.
F. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 2", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide the services outlined in the March 12, 2008 Letter from
Consultant attached hereto as "Exhibit A" and incorporated in full by this
reference.
2. Total additional compensation for services performed pursuant to this
Amendment No. 2 for all work performed, including all reimbursable items and
subconsultant fees, shall not exceed Eighty Six Thousand Four Hundred
Dollars ($86,400.00). Consultant shall be paid on a time and materials basis at
a billing rate of $100 per hour, as outlined in Exhibit A.
3. The term of the Agreement shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
C
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
A
LaVonne Harkless,
City Clerk
Attachment: Exhibit A — Letter Proposal
CITY OF POqq BEACH,
A Mu ipal r o ati n
By:
Edward Selic , Mayor
for the City of Newport Beach
GABLE ENGINEERING INC
Mark S. Reader, P.E.
f:\users\pbw\shared\agreements\fy 07-08\reader-gable-amendment-2.doc
2
GABLE ENGINEERING INC.
392 Ramona Way
Costa Mesa, CA 92627
mreader@city.newport-beach.ca.us
Phone: 949-981-5260
March 12, 2008
Mr. Steve Badum
City of Newport Beach
Public Works Dept.
3300 Newport Blvd.
Newport Beach, California
RE: Marina Park Project
To whom it may concern:
This letter is to certify that on March 11, 2008 1 was requested to estimate a management fee
for the Marina Park Project. At this time several professional service contracts are going before
council on March 25th. This includes schematic design services to be provided by
Rabben/Herman Design Office and its subconsultant team, Michael Brandman Associates for
preparation of the EIR, TerraCosta Consulting Group Inc to provide soils investigation and a yet
to be named consultant for sediment sampling and analysis. According to MBA's project
schedule the approval of the EIR is estimated to be completed in approximately 72 weeks.
Based upon this 72 week schedule I have estimated for my time at 12 hours a week for the next
72 weeks at my billing rate of $100 per hour. This computes to a fee of $86,400.00. 1 will
continue to provide services on an as needed basis and will continue to outline those services in
my monthly invoices.
Sincerely,
Mark S. Reader, PE
President, Gable Engineering Inc.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
March 25, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Mark Reader, Project Manager
949 - 981 -5260, mreader @city.newport- beach.ca.us
SUBJECT: Approval of Professional Services Agreements for the Preparation of
Schematic Design Services, Environmental Impact Report,
Geotechnical Investigation, and Project Management Services for
Marina Park — Contract No. 3897
Recommendations:
1. Approve a Professional Services Agreement with Rabben /Herman Design Office
for the preparation of schematic design services on the Marina Park project at a
not to exceed price of $518,230 and authorize the Mayor and City Clerk to
execute the agreement.
2. Approve a Professional Services Agreement with Michael Brandman Associates
for preparation of the Environmental Impact Report (EIR) for the Marina Park
project at a not to exceed price of $195,187 and authorize the Mayor and City
Clerk to execute the Agreement.
3. Approve a Professional Services Agreement with TerraCosta Consulting Group
for technical data in support of the EIR for the Marina Park project at a not to
exceed price of $33,510 and authorize the Mayor and City Clerk to execute the
Agreement.
4. Establish $37,400 (5% of the agreement amounts recommended above) for
possible unforeseen circumstances.
5. Approve an Amendment to the Professional Services Agreement with Gable
Engineering, Inc. for Project Management Services at a not to exceed price of
$86,400 and authorize the Mayor and City Clerk to execute the Agreement.
6. Approve a Budget Amendment appropriating $1,070,727 from the
unappropriated General Fund balance to Account No. 7411- C4002002 (Marina
Park). This amount includes an additional $200,000 to cover future marine
sediment/organism analysis and material disposal. Consultant selection and
scope of work definition are on -going with consultant agreement award at a
future Council meeting.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services.
Environmental Impact Report and Geotec finical Investigation for Marina Park - Contract No. 3897
March 25, 2008
Page 2
Background:
In early 2005, the Council formed the City Council /Citizens Committee (Planning
Committee) on Marina Park Planning. The Committee was charged to, among other
things, develop possible future re -use alternatives for the Marina Park area for the City
Council to consider.
The Planning Committee met four times between March 2005 and September 2005 in a
series of public meetings at Newport Beach City Hall. They heard presentations by eight
different groups or persons advocating eight different future use scenarios for Marina Park.
These proposals were summarized at a Council meeting in early 2006. Shortly
thereafter, a plan came forth that combined two of the most prominent proposals from
the Planning Committee.
On October 10, 2006, the Council favorably received this Concept Plan (then called the
Park + Marina Plan) and approved the scope of work.
The City then entered into an agreement with Rabben /Herman Design Office (R/HDO)
for further conceptual design, site analysis, programming needs assessment and cost
estimating for the Marina Park Project in November 2006. A CounciVCitizens
Committee on Marina Park Design was created and met five times to refine the design
concepts presented by R/HDO and its subconsultant team. In October 2007, a
concensus was reached by this design committee and R/HDO finalized the conceptual
design and prepared a Master Plan Final Report.
The concept plan proposes a new marina which includes a visiting vessel marina, a
visitor side tie dock and floating docks to support youth and adult sailing programs. An
11,115 square foot sailing center building is proposed to support the needs of various
sailing programs within the community and a 10,200 square foot Community Center is
proposed to support the sailing center and other community programming needs. The
remainder of the site will be a community park which will provide physical and visual
access to the bay. The amenities of the park include a new Girl Scout house, tennis
courts, half court basketball courts, tot lot, and children's water play area. The
replacement of the 19th Street restroom is included within the consultants various
scopes of work, as this was agreed to be added to the project by the Council /Citizens
committee subsequent to completion of the Master Plan Final Report.
On November 13, 2007 the City Council approved the Marina Park Concept Plan and
Final Master Plan report and authorized the City Manager to bring forward a contract
with R/HDO for the schematic design phase of the Marina Park Project and proceed
with preparation of CEQA documents.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigation for Marina Park - Contract No. 3897
March 25, 2008
Page 3
Discussion:
RABBEN HERMAN DESIGN GROUP
This contract with the Rabben /Herman Design Office and its subconsultant team will
continue to refine its current conceptual design and provide schematic design services
for the project. Also, the limits of work for the design effort will be expanded to include
the contiguous beach and improvements north to the proposed replacement of the
existing 19th Street restroom facility.
The following is a summary of the consultant's services to be provided by this contract.
R/HDO will refine the existing Master Plan and develop it to a schematic design level.
R/HDO will modify plans as needed based upon the technical studies completed as a
part of the CEQA process and also support the environmental consultant in preparation
of the EIR. Please refer to the attached proposal for a complete discussion of services
provided by R/HDO and its subconsultant team.
Bundy /Finkle Architects, a subconsultant to R/HDO, will continue with their design
efforts and prepare schematic level architectural plans for the Community and Sailing
Centers, the lighthouse restroom and marina control building. Bundy /Finkle
Architecture will also develop concepts for the replacement of the 19th Street restroom.
URS /Cash, another subconsultant to R/HDO, will continue their design efforts and
provide coastal engineering analysis, structural design of the seawalls and assist with
dredge disposal evaluations for the marina.
A new subconsultant to the R/HDO team, Fuscoe Engineering, will provide civil
engineering services for the project such as additional surveying, preliminary grading
plans, demolition plans, utility plans, and a Water Quality Management Plan (WQMP) to
support the EIR documentation.
R/HDO propose to conduct the above referenced work for a not to exceed fee of ..
$518,230. This proposal does not cover the complete design scope of the project.
After approval of the EIR, the consultant will be requested to provide a proposal for final
engineering and design services.
MICHAEL BRANDMAN ASSOCIATES
Staff received proposals from two consulting firms believed qualified to prepare the EIR
for this project. Staff selected Michael Brandman Associates (MBA) because of its past
experience with the previous Marina Park Resort and Community Plan EIR prepared in
2004. This previous project experience will result in both a time and cost savings to the
City. MBA's proposal also recognizes the high level of public interest in this project by
including a reasonable budget for preparation, coordination, and communication in the
EIR process at a not to exceed price of $195,187.
Approval of Professional Services Agreements for the Preparation of.Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigaton for Marina Park - Contract No. 3897
March 25, 2008
Page 4
The attached agreement, including scope of services and budget, has been reviewed by
the City Attorney's Office and Planning staff. In regards to schedule, the Draft EIR
should be available for public review in 36 weeks and Final EIR approval accomplished
within 62 weeks after work begins.
TERRACOSTA CONSULTING GROUP
Various technical studies will need to be completed to fully understand the possible
impacts the construction of the project will have. Per discussions with the EIR consultant,
Michael Brandman Associates, staff agreed to hire several of the technical consultants
directly. The EIR lead consultant will still be responsible for management and coordination
of these technical consultants, but the advantage of the City hiring these consultants
directly will result in a cost savings in consultant fees.
City staff has received and reviewed a proposal from TerraCosta to provide Geotechnical
Investigation for onshore and offshore facilities as proposed for the Marina Park Project.
TerraCosta Geotechnical was originally proposed as a subconsultant by the R/HDO team
and has a good working history with all its other subconsultants. During the scope
development and proposal formation, all parties agreed that it would be better for the City
to hire Terra Costa directly.
This is a sole source contract; however staff considers the consultant fee to be
commensurate with the services outlined in the proposal. TerraCosta will provide
important technical data as the basis for the structural design and ocean engineering to
complete construction plans for the marina which will be prepared by URS /Cash and
Associates.
The services proposed by TerraCosta will complete the geotechnical analysis needed for
schematic design and completion of the EIR. However this project is still in the conceptual
design phase and will be moving through the CEQA process. Revisions to the project are
unknown at this time. It is possible that after approval of the EIR, and when the City
agrees to proceed with Final Engineering, some additional geotechnical investigation may
be required.
VARIOUS OTHER PROJECT SUPPORT SERVICES
Gable Engineering, Inc., (Gable) has been providing project management services after
entering into a Professional Services Agreement with the City on February 13, 2007 at a
not to exceed amount of $50,000. On August 13, 2007, Gable and City entered into
Amendment No. 1 for additional project management services of other various projects
at a not to exceed amount of $104,000. The Marina Park project will require ongoing
project management support through the preliminary design and CEQA process. Gable
has submitted a proposal to continue managing this project through the preliminary
design and EIR/Coastal Permit processing at a not to exceed amount of $86,400. Staff
recommends approval of the attached Amendment No. 2 to Gable's agreement.
Approval of Professional Services Agreements for the Preparation of Schematic Deign Services,
Environmental Impact Report and Geotechnical Investigation for Marina Park - Contract No. 3897
March 25. 2008
Page 5
Additional consultant services to provide marine sediment and organism analysis, and
evaluation of excavated soils will be required. It is necessary to determine if the
dredged material can be reused for beach replenishment or off -site disposal. Staff
estimates these consultant services will cost up to $200,000 and recommends
appropriating the funds at this time. Negotiations with two firms are underway and a
Professional Services Agreement will be brought before City Council for approval at a
later date.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
General Fund
Proposed uses are as follows:
Vendor
Rabben/Herman Design Office
Michael Brandman Assoc.
TerraCbsta Consulting Group
Gable Engineering, Inc.
TBD- Future Support Services
Various
Prepared by:
-7� �-� il, 1 -,04J
Mark Reader
4f Project Manager
Account Number
7411- C4002002
Total:
Purpose
Schematic Design
EIR Prepration
Geotechnical Analysis
Project Management
Marine /Organism Analysis and
Dredging Disposal
Contingency
Total
Submitted by:
Amount
$1,046,327.00
$1,070,727.00
Amount
$ 518,230.00
$ 195,187.00
$ 33,510.00
$ 86,400.00
$ 200,000.00
$ 37,400.00
$ 1,070,727.00
aaum
Director
Attachments: PSA with Rabben /Herman Design Office
PSA with Michael Brandman Associates
PSA with TerraCosta Consulting Services
Amendment No. 2 to PSA with Gable Engineering, Inc.
Marina Park Site Plan Exhibit
Professional Services Agreement
with Rabben /Herman
Design Office
PROFESSIONAL SERVICES AGREEMENT WITH
RABBEN /HERMAN DESIGN GROUP, INC.
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
2008, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation( "City "), and Rabben/Herman Design Office LTD a California Corporation
whose address is 833 Dover Drive, Suite 9, Newport Beach, CA 92663 ( "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 re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and Community
Park
C. City desires to engage Consultant to Act as the lead consultant for
preparation of schematic design for park planning, architecture, marina and civil
design services and provide support services for the Environmental Impact
Report as outlined in R/Hdo Scope of Services referenced as Exhibit "A" for the
Marina Park Project ( "Project')..
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 this Project shall be
Daniel W. Herman, Vice President, Rabben Herman Design Group.
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 30 day of June, 2010, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
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 the 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 A 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 Five Hundred Eighteen Thousand, Two Hundred Thirty Dollars and
no /100 ($518,230.00) 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.
2
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:
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 A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 Daniel Herman, Vice President 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 the Project on a timely basis. as
contemplated by this Agreement.
3
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader 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:
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, 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
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attomey'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 the
Consultant on the Project.
5
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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's Risk Manager prior to commencement of performance or issuance
of any permit. 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 the City's Risk
Manager.
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
Q
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 ($2,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of 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
the 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.
7
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 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 or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on 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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. 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
g
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
The 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
10
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 the
Project.
26. CONFLICTS OF INTEREST
The 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: Mark Reader, Project Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dan Herman
Rabben Herman Design
833 Dover Drive, Suite 9
Newport Beach, CA 92663
Phone: 949 - 548 -3459 ext.22
Email: danh @rhdo.com
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.
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.
12
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.
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.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
49%0-�— C , ff &��
City Attorney
for the City of Newport Beach
ATTEST:
In
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
RABBEN HERMAN DESIGN OFFICE LTD:
In
(Corporate Officer)
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates
f:\ users \pbw\shared\agreements \fy 07- 081rabben herman- marina park.doc
14
EXHIBIT A
Schematic Design Proposal
Date: February 29, 2008
Revised March 4, 2008
Project: Marina Park
Location: Newport Beach, CA
Client: City of Newport Beach
3300 Newport Boulevard
PO BOX 1768
Newport Beach, CA 92658
Contact: Mr. Dave Kiff, Assistant City Manager
Tele: (949) 644-3002
FAX: (949) 644-3020
E -Mail: dkiff @city.newport - beach.ca.us
Understanding and Approach:
R/Hdo will manage a team assembled to provide Schematic Design services for the Marina Park project.
The plan concept to be developed is the Marina Park Master Plan, as prepared by R/Hdo, dated October,
2007. The limits of work for the Schematic design effort would be expanded to include the contiguous
beach and improvements north to 19th Street. In addition, the team will support an environmental
consultant, retained separately by the City in the preparation of an E.I.R. and in the permitting process with
the Califomia Coastal Commission, the C.O.E. and other environmental resource agencies as required.
A summary of the services includes:
Public Involvement
Meet with Steering Committee on an ongoing basis throughout SD and environmental processing phase
Meet with staff on a regular basis throughout SD and environmental processing phase
Water Side Facility Studies
1. Prepare an ocean engineering report (wind/wave /sediment transport) to justify current layout,
hydrodynamic loading on docks, and confirm extent of groin wall anticipated.
Complete Schematic Design package for all proposed improvements
Refine existing Master Plan and develop to a Schematic Design level. Reflect results of Traffic Study, Soil
Testing, and additional client information and requests into design.
1. Overall Site Development Plan — Includes vehicular paving /entry and parking areas, pedestrian
hardsrape — illustrating limits of pedestrian paving and proposed materials, children play areas —
including dry and wet play areas, plans, sections and selection of equipment, beach improvements
— including regrading and expansion of beach area, landscape planting — illustrating proposed
trees and shrub massing, Site Lighting — fixture locations and catalogue cuts.
Marina Park Proposal
uwwnFr�x�caausyswcacwsuarovwniwnumsa+ wwaovosuuroannwvaxwuixwsie�auoeosra ++�vuooc Page 7 of 12
2. Overall Site Grading and Drainage Plan — illustrating proposed contours, bio- Swale, and drainage
structures if required.
3. Building Plans — Community and Aquatic Center, restroomllighthouse, marina control building, and
19ih Street restroom. Includes plans and elevations.
4. Visiting Vessel Marina Plan — includes specific seawall recommendations, dock and ramp and
other support fadlities, plan and sections.
5. City Sailing Docks and Water Side Facilities Plan — includes plan and sections.
6. Utility Plan — single line plan for water, sewer, gas and electric service.
7. Develop Schematic level estimates of probable construction cost.
8. Refine concept plans, if necessary, in consideration of report findings.
Phasing and Funding
Work with City staff to develop a funding source and project phasing plan.
CEQA Documentation
Provide support to City selected environmental consultant. Tasks could include attendance at scoping
meetings, attendance at public meetings, providing materials and information related to design. Allow 100
hours.
California Coastal Commission and Resource Agency Submittal
Provide support to City selected environmental consultant. Tasks could include meetings with CCC staff to
discuss the project. Providing application materials and backup, review application prior to submission,
attend staff and public meetings. Allow 100 hours.
Assumptions:
The proposal is based on the following assumptions
We will utilize the recently completed Master Plan and building footprints as a beginning point for the
Schematic Design. Limits of the project will be expanded northward to include the contiguous beach and
existing restroom at 190, Street. Current plans, prepared by the Harbor Commission for the existing docks
at 15�1 Street and 19r^ Street will also be included to illustrate all proposed improvements with the expanded
park area. This proposal does not include any design work for the two dock structures. Some revisions to
the park Master Plan may occur as part of Task 2 Plan Refinement.
Work related to the Girt Scout House and the American Legion facilities are not included in this scope of
work. The intent is for the city's plans to provide graded pads and utilities to the Gid Scout House site.
The work will begin in January 2008 and the Schematic Design and Coastal Commission applications will
filed after the completion of the Enviromental Impact Report estimated to be completed by July 2009.
Allowances have been made in this proposal to provide team support to the City retained environmental
consultant responsible for Coastal Commission and environmental resource agency permitting. This work
would be completed on an hourly time and material basis. The basic Schematic design services would be
completed under a Lump Sum contract.
Marina Park Proposal
uuwmcrrcwaoww .meaovosnum,+uniuwnxwuvrrnroosa n, wmaruwnnurnaxwsranaovosx.rcnaox Page 2 of 12
SCHEDULE1
SCOPE OF WORK
Task 1 Public Involvement
A. Meet with Steering Committee on an ongoing basis throughout SD process. This task began
With the January meeting, and is expected to lat for the duration of the Schematic Design
effort.
Anticipated Phase Duration: 8 months
Anticipated Deliverables: Hand outs and or/Power Point presentation for each meeting.
Task 2 Plan Refinement
A. Work with the Marina Park Steering Committee to explore plan options and resolve issues as
identified in the Public Meeting Process
Anticipated Phase Duration: 8 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: NA
Anticipated Deliverables: Study plans for specific park areas
Revised Master Plan
View Studies from homes along Newport Boulevard
Task 3 Surveys and Utility Investigations
A. Site Surveys
1. Using the existing site survey complete the hydrographic and topographic survey of the
site, within the full extent of the waterfront limits and landside basin development.
2. Provide hydro /topographic surveys around existing, adjacent groin walls.
3. Survey manholes and existing utilities as required to prepare preliminary utility plans, and
identify preliminary scope of demolition on site.
Anticipated Phase Duration: 4 to 6 weeks for the survey,
12 to 16 Weeks to complete the phase
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 30" x 42"
Anticipated Deliverables:
Task 4 Schematic
Refine the Master Plan to a schematic design level. Work will be completed for the entire 8+ acre site and
all proposed City buildings and water side facilities.
Marina Park Proposal
'" uwT 'w°s+s°rsauw+uiruumuuurwi+oro%v. nxonuxwwxrarraewsresacrosuvuooc Page 3 of 12
A. KICK -OFF MEETING - meet with the project team in a workshop setting to determine the
landscape "Big idea ", various site plan components, functional relationships and site user
influences on the site design. Establish specific design criteria, preliminary landscape
construction budget and schedule - assume one meeting.
B. EXISTING TREE INVENTORY PLAN. - prepare an Existing Tree Inventory Plan, which
documents all salvageable trees. The plan will locate and describe each worthwhile tree, .
identifying it with a number and noting its height, spread, caliper and special comments.
C. SCHEMATIC HARDSCAPE PLAN - prepare a schematic landscape plan which addresses
the design and layout of the parking areas, pedestrian walks, a plaza areas associated
with the Sailing and Community Center buildings.
D. SCHEMATIC LANDSCAPE PLAN - prepare a Schematic Landscape Plan which
addresses some of the following key issues:
E. DETAILS AND ENLARGEMENTS - prepare Details and Enlargement which describe the
site design.
ELEVATIONS AND SECTIONS - prepare Elevations and Sections that support the
Schematic Plan.
G. DESIGN IMAGERY - prepare Design Imagery consisting of color laser copies of built
design imagery that show landscape character that may be similar to that proposed for this
project.
H. SCHEMATIC SITE LIGHTING PLAN - prepare a Schematic Site Lighting Plan which
addresses site lighting issues for the project such as accent, safety, parking, landscape,
and fountain lighting.
SCHEMATIC FINE GRADING AND DRAINAGE PLAN - prepare a Schematic Fine
Grading and Drainage Plan addressing proposed landscape area grading and drainage
issues for the project.
SCHEMATIC SITE DEMOLITION PLAN — Prepare Schematic Site Demolition Plan
identifying general extent and major elements of demolition work.
K. PRELIMINARY WATER QUALITY MANAGEMENT PLAN — Prepare Preliminary Water
Quality document to reflect current preliminary design and to address latest SWQRCB
requirements. Included discussion and calculations to support Low Impact Development
site features. Report prepared will suitable for the CEQA process and is not intended to
include final details of BMPs.
L. SCHEMATIC ARCHITECTURAL BUILDING PLANS — prepare schematic level
architectural plans for the Community and Sailing Centers, the restroom/light house, the
marina control building and the existing restroom building located at 19th Street..
Marina Park Proposal
•xrnnanxomorrosoimr aimwsusasamiwnu+xsouwwnaeosea nxosr�,aesra+anmosa.ntvuaoc Page 4 of 12
Based on approved conceptual design criteria for the Community and Sailing
Center buildings and any new information presented by client or due to additional
research of governing agency regulations or design guidelines, the Architect shall
refine the building program and adjust current building plans, elevations, and 3 -d
images to reflect and further current ideas including implementation of agreed
upon phasing plan.
2. Prepare plans, elevations, showing heights of major building components, door
and window locations and proposed materials and colors for onsite buildings,
including the support structures as described above. Establish a plan for
sustainable solution objectives with the building and site.
3. Coordinate with other team members to incorporate building designs into master
site plan as it pertains to landscape and hardscape design around each structure.
4. Initiate technical code research to further define buildings' occupancy
classification, type of construction, including allowable area and exiting analysis.
5. Provide sketches describing basic structural building systems for each building.
6. Assist the client in securing schematic refined building construction estimates.
Update 3 -d imagery in models.
s. 19th Street restroom renovation feasibility studies — perform research on existing
condition, past uses and community demand in order to develop alternatives for
renovation or replacement of the existing restroomistorage building
M. SCHEMATIC DESIGN of WATER SIDE FACILITIES - Prepare Harbor and Marina Master
Planning schemes with various alternative layouts that provide the Owner with long and
short range plans for the proposed basin.
Alternative plans may include layouts with single -wide and double wide
configurations, if desired, as well as the incorporation of long docks, side and end
lies and other special configurations as needed. Special marina components may
be required based on dock operations. Special components may include
tendering apparatus, gangways and platforms for vessel boarding, special power
requirements, sewage pump -out facilities and other amenities.
2. Coastal Engineering Analysis. Provide a study and report of the coastal processes
associated with the site, to include wind and wave studies, sediment transport and
littoral drift evaluations, wave study, water circulation within the marina, water
quality modeling and imposed loads study. Additional study may be required once
the initial studies are complete. These additional studies, if required, will occur in
subsequent phases of the project, unless the City of Newport Beach increases the
Marina Park Proposal
Page 5 of 12
funding and revise the schedule to allow the studies to be completed in this phase
of the project.
3. Seawall Assessment: Based on recommendations by the soils consultant
(working under direct contract with the Owner), prepare seawall concepts that
incorporate Coastal Engineering recommendations. Identify cross section of wall
and depth of pilings for inclusion in the EIR. Wall shall be designed to meet
minimum City of Newport Beach requirements, as well as seismic stability
guidelines.
4. Dredging Documents and Quantity Take -offs: Based on agency requirements for
the permit process, prepare preliminary dredging documents with associated
material takeoffs to be used for permitting and dredge disposal evaluations.
Discuss the dredging matrix with the sediment testing firm (working under direct
contract with the Owner), Dredging takeoffs will assume a 1 -foot over - dredge limit.
5. Gangways — Standard marina gangway products will be incorporated in the
various marina layout schemes. Special foundations may be required for gangway
support, based on gangway location and the nature of the soils report. ADA
compliance requirements will be followed for boater paths of travel. If special
architecture is desired of the gangway structure, this would be considered an
Additional Service.
6. Sewage Pump -out Facilities — The sewage pump -out facility will be located on the
docks and the appropriate support facilities planned. Transient docks are often
used for a pump -out location or, individual pump -out stations can be placed near
each dock, in lieu of a common transient location, if desired. Grant and/or
matching funds are available to a marina developer if such facilities are planned
for the basin.
N. UTILITY PLANS — Perform research to supplement existing utility information and direct
additional site survey information as required. Prepare single line schematic utility plans
depicting water, sewer, fire lines and storm drain (if required). Location of proposed gas
and electrical lines will be shown for reference only with final locations dependent on the
local provider.
0. REVISIONS - based upon comments derived from the presentations to the Client, perform
minor revisions to the schematic design package, if required, to obtain final Client
approval.
P. COORDINATION WITH CEQA CONSULTANT — met with City retained CEQA consultant
to conform schedules and data needs, provide data developed in Schematic design effort
and review CEQA document for accuracy.
Q. STATEMENT OF PROBABLE CONSTRUCTION COSTS - prepare a Statement of
Probable Construction Costs based upon the schematic design.
Marina Park Proposal
uvw+¢n,wvnwosusm rRovozv .soswuawarracanumavnmosat ums�s�nmacosu.atriaooc Page 6 of 12
R. FINAL ILLUSTRATIVE PLAN - prepare a colored Illustrative Plan useful for presentation
purposes.
S. FINAL PRESENTATION - present the final landscape schematic design package to the
City of Newport Beach.
CLIENT SUBMITTAL - submit the final schematic landscape design package to the Client.
Anticipated Phase Duration: 16 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: 30" x 42"
Anticipated Deliverables:
• Schematic Plan alternatives (colored, freehand on tissue)
• Elevations and Sections (colored, freehand on tissue)
• Details and Enlargements
• Final Illustrative Plan (colored, freehand on print)
• Existing Tree Inventory Plan
• Design Imagery (color copies)
• Schematic Site Lighting Plan
• Schematic Fine Grading and Drainage Plan
• Restroom feasibility/design study
• Single line Utillty Plans
• Dimensioned floor plans and schematic exterior elevations/sections as
necessary to describe the proposed design solution, including description
of proposed buildings' exterior color and material selections, formatted to
coordinate with overall submittal.
• Sketches and /or a narrative description of the proposed structure system
for each building.
• Sketches and /or narrative outlining concepts of sustainability
characteristics
• Outline specification of proposed construction materials
• Colored 3 -d images updated to reflect adjustments to the buildings.
Including updated site photograph overlaid with proposed structures (two
views max.)
• View Analysis showing current and proposed views from the public right of
way to clarify impacts for EIR.
• Statement of Probable Construction Costs
Task 5 Phasinq and Fundi
A. Work with City staff to identify State and Federal programs, grants and other sources that
could be utilized to obtain funding for the construction of the Marina Park improvements.
Marina Park Proposal
rxvwixer�xu�nwosn .m+movosrv.smxvmxmausvaannnaosx um n��rmwmw•Hixuna�amovtrennoa Page 7 of 12
B. Work with City staff to identify a level of City funds that could be used for construction of
Marina Park improvements.
C. Work with City staff to develop a Phasing Plan for park improvements. Plan to be
developed in graphic and tabular form.
Anticipated Phase Duration: 4 to 10 Weeks
Anticipated Base Scale: 1" = 20'
Anticipated Sheet Size: NA
Anticipated Deliverables: Funding Source document
Phasing Plan
Task 6. Meeting Attendance
A. Eight team coordination meetings are anticipated, including a start-up meeting with the
City and regular coordination meetings with City Staff, the environmental consultant, and
other consultants that may be retained separately by the City.
B. Attendance at three (3) City hearings. This is expected to include the March 11th Council
meeting. If requested, R/Hdo can attend additional meetings and/or hearings on a time
and materials basis.
C. Attendance at three (3) Homeowner Association Meetings.
Task 7. California Coastal Commission Permitting (to be completed on an hourly basis)
A. Project team will meet with the City, Environmental Consultant, and other Consultants who
may be retained by the City, to identify the information necessary to prepare a project
application, and supply information and documents as needed to complete the process in
a timely manner.
Task 8. Resource Agency Permits (to be completed on an hourly basis)
A. Project team will meet with the City staff, Environmental Consultant, and other Consultants
who may be retained by the City, to identify the information necessary to prepare a project
application, and supply information and documents as needed to complete the process in
a timely manner.
Marina Park Proposal
Page 8 of 12
SCHEDULE2
ADDITIONAL SERVICES
Services in addition to RIHdo's Schedule 1 (Scope of Work) when requested shall be identified as such and
billed at the current billing rate schedule. Additional services shall include, but are not limited to the
following:
A. Items that the Client deems are RIHdo's responsibility indicated in Schedule 3 (Proposal
Exclusions).
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of
Schedule 1 (Scope of Work).
C. PHASED OR SEGMENTED WORK - services requested in a phased or segregated bid
basis. RIHdo assumes that this project will be designed and construction documents
prepared in one contiguous effort.
D. FEES - Payment for governmental permits, application fees, processing fees, and plan
check fees.
E. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1
(Scope of Work).
SPECIAL RENDERINGS - professional renderings often required to portray the landscape
design in a more highly articulated or rendered fashion than is usually customary.
Marina park Proposal
wwurcenxvmavwamanmawaaosrnwaxnwaxsvxwwacrosxnwsrueuwwHwnnrwsrownmosxx�v >wooc Page 9 of 12
SCHEDULE3
FEE SCHEDULE
We will perform the Scope of Work as described for the following fees, net of all local taxes, duties and
levies, plus reimbursable expenses.
Hourly Services
Task 7 California Coastal $20,000(1)
Commission
Task 8 Resource Agency Permits $20,000(l)
40 00
(1)Fees to be used for entire team in support of California Coastal
Commission and resource agency approvals. Funds identified
are an initial estimate and not a guarantee of the amount of
funds /support required.
Marina Park Proposal
u, rvTwrm�osnm�Arvvosimswurrramuwmovovin�si�rwuurusuawsie�anpnse rcvn,00c Page 10 of 12
Primar Subcontractors
Work
Phase
R/Hdo
Basic Services - to be completed on a Lump
Sum basis
Task 1
Public Involvement
$8,000
Task 2
Plan Refinement
$7,000
Task 3
Surveys
$15,000
Task 4
Schematic Design
$66,000
$144,000 $88,800
$29,000 $5,700
Task 5
Phasing and Funding
$8,500
Task 6
Meetings
$13,500
$10,000 $11,800
$10,000
Sub -total
5103.000
$154,000 00 �600
554.000 700
Sub -total Lump Sum Fees
$417,300
Administrative Costs
$30,930
Total Lump Sum Fee
$448,230
Reimbursable Expenses
22&0
Not to exceed
Total Not to Exceed
$478,230
Schematic Design
Hourly Services
Task 7 California Coastal $20,000(1)
Commission
Task 8 Resource Agency Permits $20,000(l)
40 00
(1)Fees to be used for entire team in support of California Coastal
Commission and resource agency approvals. Funds identified
are an initial estimate and not a guarantee of the amount of
funds /support required.
Marina Park Proposal
u, rvTwrm�osnm�Arvvosimswurrramuwmovovin�si�rwuurusuawsie�anpnse rcvn,00c Page 10 of 12
D(HIBIT B
SCHEDULE 4
R/Hdo's Standard Hourly Rate Schedule
Effective January 1, 2008
SCHEDULE OF FEES
For Professional Services
Time Charges Hourly Rate Range
NOR
Principals $190.00
Senior Associates $125.00
Associates $85.00
Professional Staff $65.00
Administrative & Word Processing $55.00
URS /Cash
See attached
Bundy - Finkel Architects
Principal
$150.00
Senior Designer
$125.00
Project Manager
$105.00
Draftsperson
$85.00
Clerical
$45.00
Fuscoe Engineering
$135.00
President
$260.00
Principal
$229.00
Senior Project Manager
$218.00
Project Manager
$177.00
Senior Designer /Senior Engineer /Senior Water Resources Engineer
$151.00
Designer/ Engineer/ Project Scientist/GIS Coordinator
$135.00
CADD/Engineering/Envlronmental Tech. /Graphics Tech.
$104.00
information Coordinator
$78:00
1 Man Survey Crew
$170.00
2 Man Survey Crew
$225.00
3 Man Survey Crew
$260.00
Butsko Utility Design
Principal in Charge
$135.00
Project Manager
$110.00
Project Coordinator
$80.00
Designer
$95.00
AutoCAD Drafter
$65.00
ouriy ra e s 'ect to ad'ustme
Marina Park Proposal
�aasusar rwwromimosrwawunnw,sowureaavosu nw sn�rruwawruau+srvsamosuartvewooc Page 11 of 12
Reimbursable Expenses
Consultants: Cost plus 10 %.
Travel: Private vehicles @ $0.485 per mile. Commercial travel and related expenses at
cost plus 10 %.
Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or
sales shall be reimbursable in addition to the fee stated in this contract.
Other project expenses: Cost plus 10 %.
Such as: Printing, graphics, photography and reproduction, rental or purchase of special
equipment and materials, long distance telephone, telex, fax, special shipping or
delivery, models and renderings, lodging and subsistence.
Marina Park Proposal
MIM'JIRTINC£RCPoSPt30] % IWOS iISYb) 1WNIYPNIX£ GHVRFRCPoSN. pHD51LRNWdIYPNIXIMS fEPPFGPoSFLAEYNWC Page 12 of 12
URS
Cash & Assmiares
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
January 1, 2008
In addition, for direct oul-cf- pocket expenses (if and when they occur) we quote the following:
1) In- (louse Repro:
Blueprint $.10 to $1.50 per square fool -depending on type of paper
Plotting $.80 to $2.00 per square foot -depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence : Away from home office more than one day: at Cost, not to exceed $150.00/day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) Materials testing laboratory work
G) Consultant and subcontract professional fees
d) Outside reproduction services
un er is encmg
y ays.
URS Corporation
5772 Bolsa Avenue. Suite 100
Huntington Beach. CA 92649
Tel 714.895.2072
Fax: 714.895.1291
Mail: P.O. Box 2715
Huntington Beach, CA 92647
HOURLY
OVERTIME
PROJECT DIRECTOR
237.00
237.00
TERMINAL PLANNING SPECIALIST
237.00
237.00
SR. PROJECT MANAGER
225.00
225.00
PROJECT MANAGER
170.00
170.00
PRINCIPAL ENGINEER
167.00
167.00
SENIOR ENGINEER/PROJECT ENGINEER
157.00
157.00
PROJECT ARCHITECT
142.00
142.00
ARCHITECT
111.00
111.00
ENGINEER III
142.00
142.00
ENGINEER II
122.00
122.00
ENGINEER 1
111.00
111.00
GRADUATE ENGINEER
96.00
96.00
PROJECT DESIGNER 111
109.00
130.80
PROJECT DESIGNER 11
104.00
124.80
PROJECT DESIGNER 1
96.00
115.20
SENIOR DESIGNER/CAD OPERATOR 111
92.00
110.40
DESIGNER/CAD OPERATOR 11
81.00
97.20
DRAFTER/CAD OPERATOR 1
71.00
85.20
PERMIT PROCESSOR/COORDINATOR
87.00
104.40
PROJECT ADMINISTRATOR
81.00
97.20
SR. PROJECT ASSISTANT
86.00
103.20
PROJECT ASSISTANT
81.00
97.20
SPECIFICATION PROCESSING
81.00
97.20
WORDPROCESSOR
76.00
91.20
CLERICAL
66.00
79.20
In addition, for direct oul-cf- pocket expenses (if and when they occur) we quote the following:
1) In- (louse Repro:
Blueprint $.10 to $1.50 per square fool -depending on type of paper
Plotting $.80 to $2.00 per square foot -depending on type of paper
2) Automobile: Standard Mileage Rate set by IRS
3) Travel Expense: at Cost
4) Subsistence : Away from home office more than one day: at Cost, not to exceed $150.00/day /per man.
5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up.
6) Third Party Services: at Cost plus 15% mark -up.
a) Surveying
b) Materials testing laboratory work
G) Consultant and subcontract professional fees
d) Outside reproduction services
un er is encmg
y ays.
URS Corporation
5772 Bolsa Avenue. Suite 100
Huntington Beach. CA 92649
Tel 714.895.2072
Fax: 714.895.1291
Mail: P.O. Box 2715
Huntington Beach, CA 92647
Professional Services Agreement
with
Michael Brandman Associates
PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES (MBA)
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and MICHAEL BRANDMAN ASSOCIATES a California Corporation whose
address is 220 Commerce, Suite 200, Irvine, California, 92602 ( "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 re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and
Community Park
C. City desires to engage Consultant to Act as the lead consultant for
preparation of the EIR and provide project management services for the
various technical consultants outlined in MBA Scope of Services
referenced as Exhibit "A" for the Marina Park Project (`Project ").
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 this Project, shall be
Michael E. Houlihan, AICP, Manager of Environmental Services
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 31st day of June, 2010, unless terminated earlier as set forth
herein.
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
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 the 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 either 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 A 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 Ninety Five Thousand, One Hundred Eighty Seven
Dollars and no /100 ($195,187) 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
2
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of
the services that Consultant agrees to render pursuant to
this Agreement, which have been approved in advance by
City and awarded in accordance with this Agreement.
B. Approved reproduction 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 A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 Michael E.
Houlihan, AICP, Manager of Environmental Services 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 the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Rosalinh
Ung, shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized
3
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:
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.
N
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, 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
sole negligence, 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 the
Consultant on the Project.
5
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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's Risk Manager prior to commencement of performance or issuance
of any permit. 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 the City's Risk
Manager.
D. Coverage Requirements.
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 subcontractors
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
N
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 ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
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
the 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.
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.
7
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 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 or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on 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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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.
N
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.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 244nch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. 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.
9
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
The 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.
10
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 the
Project.
26. CONFLICTS OF INTEREST
The 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: Rosalinh Ung and /or Mark Reader
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3208
Fax: 949 -644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
12
Attn: Michael E. Houlihan
Michael Brandman Assoicates
200 Commerce, Suite 200
Irvine, CA 92602
Phone: 714 - 508 -4100
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.
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.
12
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.
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.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
,A , c- ff,,,,
City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scone of Services and schedule of Billing Rates
flusersNpbwlshared\agreements%fy 07 -08\bmndman- arina park.doc
14
March 7. 2008
To verify our ability to produce high - quality work in a highly condensed project schedule
while providing client service, MBA refers you to the Marinapark Resort & Community
Plan EIR prepared in 2004. MBA worked closely with Mr. David Lepo and Ms. Sharon
Wood. Our previous work on the project site will allow MBA to focus on the issues cost -
effectively.
The Scope of Work, Fee, and Schedule for the Marina Park Master Plan is in Attachment
A and is based on information provide to MBA by the City during phone conversations
with City staff, our meeting on February 22, 2008, and our intimate knowledge of the
project site from the preparation of the Marinapark Resort & Community Plan EIR in
2004.
We have highlighted some of our other strengths for this effort.
• MBA understands the importance of contracting with an environmental firm that
has a solid background and understanding of the CEQA Guidelines. For 20
years, MBA has been providing defensible environmental documents to the
public and private sector clients. Many of them were prepared for the local cities
and agencies.
• With approximately 110 professionals on staff company -wide, MBA's depth and
breadth of personnel available can serve as a valuable technical and staff
resource to this project. We have a full- service graphics division, word processing
center, reproduction department, and additional support staff to assist
management and technical staff with documentation needs. MBA is committed
to maintaining the necessary financial, technical, and staff resources for this Magma
project.
ENV IRONMEN1 Al. SERVICES • PLANNING • NA IUltAL RESOURCES MANAGEMENT
www.brandmanxom Is
661.334.2755
Ms. Rosalinh Ung
City of Newport Beach Planning Department
Fremo
3300 Newport Boulevard
559.497.0310
P.O. Box 1768
Irvine
Newport Beach, CA 92658 -8915
714.508.41011
Subject: Revised Proposal to Prepare an Environmental Impact Report for the
Palm Spnngz
760.3228847
Marina Park Master Plan
Saceamenm
916.447.11 W
Dear Ms Ung:
San Bemm&no
909.894.2255
Preparing defensible, technically precise, and objective environmental documents is a
challenging task; however, there are many consulting firms that are able to prepare such
San R..
documents. What is even more challenging is the consultant's ability to provide excellent
925.8302733
service to each client, as dictated by the client's specific needs and expectations. It is
this ability — provision of high quality work products in conjunction with outstanding client
service —which sets Michael Brandman Associates (MBA) apart. MBA believes that client
service is the foundation from which high - quality work is produced.
To verify our ability to produce high - quality work in a highly condensed project schedule
while providing client service, MBA refers you to the Marinapark Resort & Community
Plan EIR prepared in 2004. MBA worked closely with Mr. David Lepo and Ms. Sharon
Wood. Our previous work on the project site will allow MBA to focus on the issues cost -
effectively.
The Scope of Work, Fee, and Schedule for the Marina Park Master Plan is in Attachment
A and is based on information provide to MBA by the City during phone conversations
with City staff, our meeting on February 22, 2008, and our intimate knowledge of the
project site from the preparation of the Marinapark Resort & Community Plan EIR in
2004.
We have highlighted some of our other strengths for this effort.
• MBA understands the importance of contracting with an environmental firm that
has a solid background and understanding of the CEQA Guidelines. For 20
years, MBA has been providing defensible environmental documents to the
public and private sector clients. Many of them were prepared for the local cities
and agencies.
• With approximately 110 professionals on staff company -wide, MBA's depth and
breadth of personnel available can serve as a valuable technical and staff
resource to this project. We have a full- service graphics division, word processing
center, reproduction department, and additional support staff to assist
management and technical staff with documentation needs. MBA is committed
to maintaining the necessary financial, technical, and staff resources for this Magma
project.
ENV IRONMEN1 Al. SERVICES • PLANNING • NA IUltAL RESOURCES MANAGEMENT
www.brandmanxom Is
Ms. Rosalinh Ung
March 7, 2008
Page 2
To assure timely project completion, Mr. Michael E. Houlihan, AICP, Manager of Environmental
Services at MBA will be responsible for the day - to-day project management. Mr. Houlihan's has
over 20 years experience providing environmental planning services. He has been involved in
numerous projects where strong oral communication and presentation skills have also been key
to a successful outcome.
MBA has the resources to assemble a project team that can provide a wide4ange of high - quality
technical work products that comply with environmental regulations and agency requirements. An
experienced team has been assembled, including MBA's in -house environmental specialists,
Austin -Foust Associates, Inc. (Traffic), and Coastal Resources Management (Marine Resources).
Specifically, MBA is prepared to take responsibility for project initiation and organization, preparation of
draft CEQA notices, data compilation, impact assessments, development of mitigation measures, report
compilation and distribution, response to public comments, preparation of the mitigation monitoring
program, findings /overriding considerations, public meetings and hearing attendance, and coordination
with City.of Newport Beach staff.
As requested by City staff, MBA is a "C Corporation" and our Dunn and Bradstreet business number is
068163203.
We are confident that the approach outline in the Scope of Work in Attachment A will meet the objectives
of the City of Newport Beach. If you have any questions regarding the attached qualifications, please do
not hesitate to contact the undersigned at 714.508.4100. Thank you for your consideration of MBA as a
qualified consultant for this project.
Sincerely,
Michael E. Houlihan, AICP, Manager of Environmental Services
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
Enc: Attachment A: Scope of Work, Fees and Schedule
H: \Giem (PWNAW64 %0664o022P\06640022P Marina Park Cope, Lb 034708.9.c
MEKJj i
City of Newpod Beach — Marina Park Master Alan EIR Attachment A: Scope of Work Feet and Schedule
SCOPE OF WORK
MBA recognizes the impottance of coordination and communication in the EIR process for a proposed project
of this significance. The scope of work and fees outlined in this proposal takes into account coordination and
communication with the following key players in the project:
• City of Newport Beach
• City's Technical Consultants (i.e., Rabben /Herman, Cash and Associates, Newfields, Tetta Costa, and
Fuscoe Engineering)
• MBA Project Team (i.e., traffic, marine tesources, air quality, noise, etc.)
More importantly, MBA is committed to being a working partner with City staff. MBA is prepared to take
responsibility for project initiation and organization, preparation and processing of CEQA notices, data
compilation, impact assessment, development of mitigation measures, report compilation and distribution,
response to public comments, public meetings and hearing attendance, coordination with City staff and City's
technical consultants, and the MBA Project Team, preparation of the findings of fact, preparation of the
statement of overriding considerations (f required), and preparation of a mitigation monitoring plan (to the
extent presented in the following scope of work).
Report format and content will be in full compliance with CEQA, the Stare CEQA Guidelines, and City of
Newport Beach environmental guidelines. The EIR organization will include a description of the environmental
setting, identification of thresholds of significance, project and cumulative impacts, mitigation measures, and level
of significance after mitigation. Text will be supplemented with graphics and summary tables, as necessary, to
present information in a concise and easily understood format. Work products will consist of professionally
photocopied reports in comb bindings, unless other specific approaches ate proposed.
The proposed scope of work that follows has been organized into major tasks. Refinements to the scope of
work, budget, and project schedule will be discussed during the initial task, if needed.
This scope of work outline identifies the major tasks and project related delivetables associated with the EIR.
The cost for preparation of the EIR is broken into the following tasks.
Task 1. Project Definition and Organization
The purpose of this task is to obtain the information necessary to prepare a complete "proposed project" and
"alternatives" descriptions. It includes crafting measurable project objectives. In order to establish early
communication among various project team members, consisting of City staff, City technical consultants, and
MBA, and to establish project expectations with respect to policy concerns for the project, MBA will use the
following approach:
• Attend initial orientation meeting with City staff, City's technical consultants, and the MBA Project
Manager to determine which elements will be included in descriptions of the project and alternatives
to the proposed project.
• Receive complete project information, which will be used to develop the EIR project and alternatives
descriptions. Information will include project objectives, narrative program description, etc.
• Receive all existing reference and research materials related to the project, the project site, and the
vicinity, including base maps and aerial photographs.
• Review reference material provided by the project team. Expand and refine the list of information
needs. Distribute, as appropriate, to EIR Project team members.
H: \Cllenr (PN -)N) \0664 \06640022P \IX /640022 Marina Park Proposal rev 03 -07- 08.doc 1 Scope of Work
City of Neopori Beach — Manna Park Master Plan EIR Attachment A. Sage of Wlark, Fees and Schedule
Task 2. Project Management, General Coordination and Meetings
The purpose of this task is to manage the EIR preparation effort and to maintain close communication between
City staff, City's technical consultants, and the MBA project team members. This task is also intended to ensure
that the project is running on time and within budget and technically correct. This is a key element to the project
because of the necessity to maintain clear lines of communication between the MBA project team, the City, and
the City's technical consultants. The following approach will be used:
1. Communicate with the MBA project team members and City staff for compliance with the scope of
work, schedule and budget. Coordinate the teams work and provide management liaison between the
project team, the City, and the City's technical consultants for communication issues, transmittal of
comments, financial management (e.g., invoices) and other project management matters.
2. Attend project coordination meetings with City staff. The proposed scope of work and budget
proposal includes three project meetings attended by MBA's EIR Project Manager. Other meetings _
or additional MBA staff may attend on a time- and - materials basis.
Task 3. Initial Study and Notice of Preparation
MBA will prepare the IS, according to CEQA requirements, the state CEQA Guidelines (Section 15063), and the
CEQA compliance procedures of the City of Newport Beach. The IS will comply with the content requirements
of case law, specifically Citizens Association for Sensible Development of Bishop Area v. County of Inyo (1985)
and Sundstrom v. County of Mendocino (1988), wherein both a checklist of impacts and reasoned explanations of
the findings of the study were determined to be necessary for a legally adequate IS.
After completion of the initial meeting and receipt of the Notice of Preparation (NOP) responses, MBA will
identify issues for which no significant impacts will occur (to be described as effects found not to be significant in
the EIR) and potentially significant impact topics identified in the Initial Study (IS) that require further evaluation
in the EIR. This will verify and precisely define the scope of EIR issues, provide a strategic action plan for
completing the environmental process as efficiently as possible, and determine the most effective approach for
addressing the consultations and approvals needed by other agencies.
A draft IS will be prepared for review by the City of Newport Beach. Following receipt of staff comments, MBA
will prepare the final IS.
MBA will prepare the NOP. The NOP will include the appropriate City form, a project description, project
exhibits, and the final IS, which includes the IS checklist and a discussion of environmental issues. MBA will
submit one unbound copy of the NOP to the City for approval, and then will reproduce and distribute up to 50
copies of the NOP via certified mail to agencies and to the public. The distribution list will be provided by the
City, with input from MBA. MBA anticipates that the distribution list will be similar to the list that was used
during the Marinapark Resort & Community Plan project.
Task 4. CEQA Adequacy Review of Technical Reports
The MBA team will review the technical reports that will be prepared by the City's technical consultants for
CEQA adequacy. The reports that will be reviewed include the sediment chemistry by Newfields, geotechnical
hazards by Terra Costa, and the hydrographic survey, drainage, and preliminary water quality evaluations by
Fuscoe Engineering, Inc. These reports will not be reviewed for technical accuracy. Additional technical reports
including traffic by Austin -Foust Associates, Inc. and marine biology by Coastal Resource Management, Inc that
will be prepared for MBA will also be reviewed for CEQA adequacy.
H: \Client (PN -JN) \11664 \066400221' \006401122 Marina Puk Proposal rev 03- 07- 08.dor 2 Scope of Work
City of Newport Beacb — Marina Park Matter Plan EIR Attacbment A Scope of Work, Fees and Scbeduk
Task 5. Administrative Draft EIR
The purpose of this task is to prepare a comprehensive EIR for the City. The following approach will be used:
1. Prepare the project description section of the EIR, including: regional and local setting, project
history, project objectives, and project characteristics. The project description should also identify all
discretionary actions required by the City of Newport Beach, and state, regional and federal resource
agencies with responsibilities over aspects of the project.
2. MBA shall prepare a narrative on the intended uses of the EIR, as required by Section 15124(d) of
the State CEQA Guidelines, including, but not limited to a list of responsible and other agencies
expected to use the EIR in decision - making.
3. Identify reasonable anticipated actions /related projects likely to occur that may result in cumulative
impacts when combined with the proposed project. These potential projects will be identified by the
City and will be considered by the MBA team throughout the cumulative impact evaluation.
4. Document baseline conditions and establish thresholds of significance (in coordination with the City
of Newport Beach). Identify Effects Found Not to be Significant, in accordance with Section 15128
of the State CEQA Guidelines, with brief explanations, conduct impact evaluations, and formulate
mitigation measures. MBA anticipates that the following environmental issues will result in no
significant impacts:
• Agricultural Resources
• Mineral Resources
• Population and Housing
• Recreation
Specific topical areas to be addressed on a project- specific and cumulative basis in the EIR are as follows
Geology and Soils
The potential for impacts from soil or geological conditions onsite or in the project vicinity will be evaluated for
the construction of the project. This section will emphasize geotechnical hazards, seismicity of the area, potential
for liquefaction and subsidence, and erosion. The analysis will be based on a technical report that is assumed to
be prepared by Terra Costa, the City's technical consultant, and adequate for CEQA purposes upon its receipt.
Appropriate mitigation measures will be recommended, if necessary. This report will be summarized in the EIR
and included in its entirety as an appendix to the document.
Biological Resources
Coastal Resources Management (CRM) will provide marine resources assessment for the proposed project. The
project's potential to impact marine resources is the primary biological evaluation. To provide a comprehensive
biological resources evaluation, MBA will prepare the terrestrial biological resources assessment for the project.
However, the terrestrial evaluation is expected to be more brief than the marine resources assessment.
Marine Resources Assessment
The purpose of the marine resources assessment is to evaluate the potential short- and -long term effects of the
project development on the marine life and marine habitats of Newport Bay from implementation of the
proposed project.
Issue areas will be addressed in the assessment:
H: \Client (PN -JN) \0664 \06640(122P \(X1640022 Manna Park Pcopoaal rev 07- 07 -08dm 3 Srope of Work
City of Newport Beach — Marina Park Master Plan EIA Attachment A: Scope of Work, Fees and Schedule
• Existing marine habitats and biological communities within or nearby the project area;
• Sensitive, rare, threatened, or endangered species within or nearby the project area;
• Effects of additional pollutants due to increased runoff caused by the project;
4 Potential changes in biological productivity caused beach recreational activity and structures, wet
weather and dry weather runoff, or decrease in light entering the water due to shadowing (new
buildings);
• Construction /operational effects of the marina basin on the marine environment
The following identifies the tasks to be completed as part of the marine resources assessment
1. Conduct a marine biological field survey.
CRM will conduct a field survey at the proposed development site. This survey will be conducted to
gain an understanding of the existing site conditions, the locations of existing storm drains, and the
general types of marne flora and fauna (including marina birds) within the project area. Photographs
of the project site will be taken and included in the project report. Underwater video will also be
taken. An underwater survey will be conducted to document the presence or absence of eelgrass
(Zostera marina), which is an important invertebrate and fish nursery habitat.
2. Prepare a draft Marine Biological Resources Assessment.
CRM will conduct a review of the available marine biological data for the local area to be used as
background and historical information. Based upon the results of the reconnaissance survey at the
project site, the available data base of historical information, and project design plans, storm water
runoff plans, and other project documents, CRM will analyze potential project impacts on the marine
biological resources.
Potential environmental impacts of the project on marine resources (marine plants, invertebrates,
fishes, marine mammals, seabirds, federally and state -listed marine - associated species, sensitive
habitats) will be evaluated. Where significant impacts have been identified, mitigation measures to
reduce the level of impact to less- than - significant will be provided.
This marine resources assessment will be summarized in the FIR and provided in its entirety as an
appendix to the document
Terrestrial Biological Resources Assessment
In addition to the marine resources assessment, MBA will prepare a terrestrial biological resources assessment of
the project site. The assessment will be limited to the non -beach portion of the project site. MBA will conduct a
literature search and field reconnaissance to determine the existing biological conditions on the non -beach
portion of the site. MBA will conduct an impact evaluation and provide mitigation measures, if necessary.
Cultural Resources
MBA will perform an archaeological and historical evaluation of the project area following NEPA and CEQA
guidelines. The technical evaluation will be used to support the FIR, however, the report could be ultimately used
during the future NEPA processing of the Section 10 of the Rivers and Harbors Act permit which is required for
the dredging associated with the proposed marina. Due to the future review, the existing mobile home units that
are.more than 45 years old will likely be required to be evaluated at the national (NEPA), state and local (CEQA)
significance levels. It is anticipated that the mobile home park would not be identified as a potentially significant
cultural resource. However, should the existing mobile home park be identified as a potentially significant cultural
H: \Uimt (pN- JN) \(W64 \06640022P\U)"JU72 Manna Park Proposal rcv 03- 07-08.doc 4 Scope of Work
City o%Nemport Beacb — Marina Park Master Plan EIR Attacbment A: Scope of Work, Fees and Scbedmk
resource during the survey, you will be notified, and MBA will perform a historic evaluation as an option task in
this proposal.
The final report will require an evaluation of the project area for potential impacts to buried cultural deposits.
Mitigation measures will. be developed that will be incorporated into the EIR that, if necessary, provide for
mitigation monitoring. Lastly, the project area will be evaluated for paleontological sensitivity. Should the project
area be found to lie within a paleontologically sensitive area, paleontological mitigation measures will be
developed that can be incorporated into the EIR.
Transportation /Circulation
Austin Foust Associates (AFA) will prepare a traffic and puking study for the proposed project. AFA will use
the traffic information that they previously developed with the Marinapark Resort & Community Plan project.
The project traffic study will involve an estimation of the net new trips generated by the project considering a
credit will be applied for the existing uses and the relocation of the mobile homes. Once the net increase in trips
is known (and approved by City review), a trip distribution and assignment and capacity analysis will be
conducted. This analysis will basically follow the City's own Traffic Phasing Ordinance (TPO) guidelines in
identification and evaluation of any impacts and potential mitigation. The analysis will be carried out for both
off - season and peak summer season conditions. In addition to the traffic impacts, the site access and internal
circulation system will be reviewed for both traffic flow and safety with appropriate comment furnished where
noted.
The parking study will consist of preparation of an estimate of the parking demand created by the project itself,
although it is recognized the ambient puking conditions vary significantly between the normal and peak summer
seasons. AFA will rely heavily on industry parking standards to forecast the park's total parking demand. This
analysis will also evaluate the potential for use of the parking facilities by non -users and develop a means to
control any such "poaching" into the park's parking facilities. The study will examine the parking in both the
view of the City's own puking code as well as industry standards.
The traffic and parking study will be summarized in the EIR and provided in its entirety as an appendix to the
document.
Land Use and Planning
Existing land uses in the vicinity of the project will be identified and validated by a field visit and photo
reconnaissance. An existing land use map, and General Plan and Zoning Map will be presented in the EIR. The
EIR will evaluate the proposed land uses in relation to the City General Plan (all Elements), the proposed zone
change, regional (e.g., SCAG and SCAQMD) and state (i.e., California Coastal Act) plans and policies for the site
(i.e., State Tidelands) and surrounding area compatibility with surrounding uses, and consistency with relevant
plans and policies, and loss /relocation of existing mobile homes will be addressed.
Cumulative land use effects will be considered within the context of adopted plans and other past, present and
probable future projects. Density, interrelationship of uses, and environmental impacts will be addressed from a
land use impact perspective. Measures will be recommended to reduce or eliminate adverse land use effects.
Air Quality
A comprehensive air quality analysis will be prepared in support of CEQA and will include an evaluation of both
localized and regional short -term and long -term air quality impacts. The air quality analysis would judge the
significance of those impacts by comparing to South Coast Air Quality Management District (SCAQMD)
localized and regional significance thresholds. In accordance with the CEQA guidelines, the analysis would
answer the following questions:
H: \(;Bent (PN JN) \0664 \06640022P \00640022 Manna Park Proposal rev 03- 0749.doc 5 Smpe of Work
City of Newport Bt ch — Marina Park Master Plan EIR Atlacbment A: S e o
f Wade Fees and Stbedu/e
• Is the project consistent with the 2007 Air Quality Management Plan?
• Would the project violate any air quality standard or contribute substantially to an existing or projected
air quality violation?
• Would the project tesult in a cumulatively considerable impact?
• Would the project expose sensitive receptors to substantial pollutant concenttations?
• Would the project create objectionable odors?
To answer these questions, the air quality analysis requires the following tasks
Emissions Calculation
Air pollutant emissions associated with construction and opetational activities will be estimated using
URBEMIS2007 and /or emission factors published by the United States Envitonmental Protection Agency (U.S.
EPA) to accurately depict the construction and operational activities. The pollutants that will be estimated include
the following: volatile organic compounds, oxides of nitrogen, carbon monoxide, sulfur dioxide, and particulate
matter (PM10 and P142.5). A CO mictoscale hot -spot analysis for up to two intersections will be petformed
based on the traffic study tesults. Mitigation measures will be determined, if necessary, to reduce the level of
significance of the air emissions to below the SCAQMD regional significance thresholds. Emissions prior to and
after mitigation measures will be estimated.
Localized Significance Threshold (LST) Analysis.
Thete ate two methods available for assessing localized impacts from a project from construction putsuant to
SCAQMD methodology. The first method assumes that no mote than five acres pet day would be disturbed
during grading. This method estimates onsite project emissions of carbon monoxide, nitrogen dioxide, and
particulate matter (PMIO and PM2.5) and compares them with localized thresholds as obtained from the
SCAQMD LST Methodology look -up tables for the project's source receptor area. The second method is
estimating concentrations of the pollutants at nearby sensitive receptors and is appropriate for projects that
anticipate disturbing mote than five acres pet day. The concentrations ate estimated using the U.S. EPA Industrial
Source Complex (ISC3) model and ate compared with the LST for the source receptor area. The majority of the
project site is expected to be graded after the construction of the marina. At this time, since the total acteage of
the area to be graded (minus the marina) is unknown, the second method will be used to estimate concentrations
at the nearby sensitive receptors during construction activities.
Greenhouse Gases.
There are currently no published thresholds of significance established by any state or regional regulatory agency
for measuring the impact of a project's greenhouse gas emissions to climate change. CEQA Guidelines Section
15064.7 indicates, "each public agency is encouraged to develop and publish thresholds of significance that the
agency uses in the determination of the significance of environmental effects." Therefote, the threshold to be
used in assessing project impacts will be as follows. Greenhouse gas emissions created by the project ate
considered to be potentially significant if the project would tesult in an increase in greenhouse gas emissions that
would significantly hinder or delay California's ability to meet the reduction targets contained in AB 32.
Background information on greenhouse gases and the regulatory environment will be described. Project generated
direct and indirect emissions of greenhouse gases will he estimated. The Genetal Plan or other regional planning
document(s) will be reviewed for goals or policies that relate to climate change. Mitigation measures will be
recommended and a significance finding will be determined.
Noise
MBA will prepare a noise evaluation based on the ptevious noise study prepared for the Nlarinapadk Resort &
Community Plan project. Noise measurements were taken as part of the previous study and will be used to
describe existing noise levels and traffic mix in the project vicinity. Community noise standards relevant to this
project ate contained in the City Noise Element and Noise Otdinance. These standards will be summarized and
there relevance to the project discussed.
H: \Client ( PN- )N) \/W64 \066MX122P \191641N22 Manna Pak Proposal rev 03- 07- 08.dtx 6 Smpe of Work
G'ty of Neaport Beach — Manna Park Matter Plan EIR Attachment A: Scope of Work, Fees and Schedule
The potential noise impacts can be divided into short -term construction noise, impacts on surrounding land uses,
and on -site noise /land use compatibility. The application of the City's Noise Ordinance to control construction
noise will be discussed.
The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the
CNEL noise scale for the without project and with project conditions. Areas that will experience a significant
noise increase will be identified. The absolute noise levels experienced in these areas will then be determined, and
the resulting land use /noise compatibility discussed.
Noise levels generated by stationary sources (e.g. parking lots) will also be assessed for compatibility with the
proposed land uses. Noise levels from stationary sources that potentially impact noise sensitive land uses will be
estimated. The City's Noise Ordinance standards will be used to assess impacts. Based upon the cumulative
baseline, the cumulative noise impacts in the area including mobile as well as any stationary sources of noise, will
be assessed.
Mitigation for construction and /or operational impacts will be identified, as necessary. Residual impact, if any,
would be compared with the impact criteria to assess adequacy of any proposed mitigation measures.
Drainage and Water Quality. The City's technical consultant, Fuscoe Engineering, Inc., is preparing the
drainage and water quality evaluation for the proposed project. Site drainage and surface water quality
characteristics of the site and receiving waters are assumed to be identified. Requirements of the Regional Water
Quality Control Board and compliance with NPDES are also assumed to be addressed. Water quality issues are
expected to be preliminarily addressed by Fuscoe. The qualitative water quality issues that are assumed to be
addressed include the following.
• Shore based construction activities that could locally degrade water quality through an increase in water
turbidity, trash and debris, during runoff events or during dry weather from storm drain flow into
Newport Bay;
Water quality impacts associated with the construction of the marina. These impacts would result from
pile driving and /or hydrojetting dock support pilings into the seafloor, as well as dredging (including
maintenance dredging) associated with increasing water depths underneath the proposed boat dock
Impacts could potentially include a local increase in water turbidity and resuspension of sediment
contaminants;
Potential effects of long -term water impacts associated with runoff from the proposed park into
Newport Bay. These impacts would be associated with wet weather and dry weather runoff. It is
anticipated that all flows would be directed inland and away from the bay.
The conformity of the project to current local, state, and federal water quality regulations are assumed to be
discussed and evaluated. The integration of BMPs with project design will be discussed. Mitigation measures for
water quality impacts will be recommended. The drainage and water quality evaluation provided by Fuscoe will
be summarized in the EIR and provided in its entirety as an appendix to the document.
Hazards /Hazardous Materials. Newftelds will conduct an analysis of the marine soil that will be excavated to
determine the chemistry of the sod as well as the suitability for use as beach replenishment onsite and /or offske.
If there are environmental concerns regarding the soil, MBA anticipates that Newftelds will provide
recommendations to reduce potential significant impacts. MBA will incorporate the findings and conclusions
within the EIR. In addition, Petra Geotechnical, Inc. prepared a Limited Phase II Sod Assessment along the
beach portion of the site as part of the Marinapark Resort & Community Plan Project. These findings will be
incorporated into the EIR. Furthermore, MBA will conduct a hazardous materials records review, site
observation, and conduct interviews with City officials that are familiar with the present and historical uses of the
H: \Client (PN -JN) \(1664 \(16640022P \(N)64(9)22 Manna Park Proposal re, 03407 -W.doc 7 .Scope of Work
City of Newport Beach — Manna Park Master Plan EIA AttarlimentA Smile of Work, Fee and Sdxdale
site. Subsequently, MBA will summarize the finding of the hazardous materials review and recommend measures
to reduce potential significant impacts, if necessary.
Visual Character. Views of the project site will be depicted through a photo - reconnaissance. Massing of the
proposed structures and visual simulations of the proposed structures are assumed to be provided by
Rabben /Herman based on our discussions with City staff. The potential glare impacts from construction and
operation of the proposed project will also be qualitatively evaluated. The alteration of the visual setting and
sensitivity of viewpoints will also be discussed. Mitigation measures will be recommended, if necessary, to reduce
any significant impacts.
Public Services and Utilities. MBA will coordinate with City staff and affected public services and utility
purveyors to assess the potential impacts of the proposed project. It is anticipated that at least the following
services and utility systems will be analyzed Fire Protection; Police Protection; Water; Sewer; Electricity; Natural
Gas; and Solid Waste.
Letters will be sent to all service facility, and utility agencies describing the proposed project. Answers will be
requested, as appropriate, to document existing and planned facilities, current usage, excess capacity, and needed
improvements. The additional capacity required to meet projected needs will be described. Anticipated impacts
will be assessed and appropriate mitigation measures will be recommended.
Additional EIR tasks include the following
1. Discuss all significant unavoidable adverse impacts, in conformance with the State CEQA Guidelines,
Section 15126(6). Included in the discussion will be any impacts that can be partially mitigated, but
not to a level that is less than significant.
2 Include growth- inducing and cumulative impact evaluations in the EIR. To the extent possible, the
analysis will address known projects, either approved or proposed in the vicinity of the project. The
boundaries of this area will be determined by the City and will be set prior to commencement of the
Administrative Draft EIR. The cumulative impact assessment will be based on adopted plans and /or
past, present and probable future projects that may, in combination with the proposed project, create
adverse envitonmental impacts.
3. Prepare an Executive Summary, presenting the significant conclusions of the EIR for the project, in a
manner that is easily understood by the public. A "summary table" format will be used to identify the
significant impacts and the effectiveness of the recommended mitigation measures. A discussion of
issues to be resolved and issues subject to potential controversy, as required by CEQA, will be
provided. A summary of the alternatives and effects found not to be significant would also be
presented.
4. Prepare the Alternatives Section of the EIR based upon directives from City staff. MBA will work
closely with the project team to define the alternatives. MBA will address the following alternatives to
the proposed project: the No Project Altemative —site remains in its current developed condition,
pursuant to current General Plan and zoning, and up to two alternative designs. The alternatives will
be analyzed in sufficient detail for comparison with the proposed project. Each alternative will be
evaluated with respect to each key impact category reviewed for the proposed project.
5. MBA will also prepare othex sections of the EIR, including CEQA- mandated topics as follows
• Table of Contents;
• Significant Irreversible Environmental Changes;
• Relationship Between Short -Term Uses & Long -term Productivity;
• Effects Found Not to Be Significant;
• List of Organizations and Persons Consulted;
• Preparers of the Environmental Document;
H: \(]rent (PN-J M \0664 \06641M /22P \4XYA*22 Marina Park Proposal rev 113- 07 -U&d« 8 Smpe of Work
00 of Newport Beaeb — Manna Park Master Plan EIR Attasbment A: Swpe of Work, Feet and Sebeduk
• References; and
• Appendices.
6. Prepare up to eight (8) copies of the Adminsittative Draft EIR for review by City staff and designated
recipients. The appendices will be placed on cd.
Task 6. Proof Check Draft EIR and Draft EIR
The purpose of this task is to respond to staff comments on. the Administrative Draft EIR, complete necessary
revisions, and publish and distribute the Draft EIR for public teview. The following approach will be used:
1. Coordinate with the City's EIR Project Manager who will assemble comments on, and suggested
revisions to, the Administrative Draft EIR. One set of unified comments will be provided to MBA.
2. Prepare up to five (5) copies of the Proof Check Draft EIR for submittal to the City's EIR Project
Manager and designated recipients for final "proof- check" review before distribution to the public.
The appendices will be placed on cd.
3. Following the City's proof check review of the Proof Check Draft EIR, MBA will make any additional
minor revisions required and distribute up to 60 copies of the Draft EIR with a cd containing the
appendices to recipients on the approved Distribution List, including the fifteen (15) copies required
by the State Clearinghouse. Five hard copies of the entire appendices will be provided to the City so
that it can be available for public review at the City and the libraries within the City.
Task 7. Draft and Final Responses to Draft EIR Comments
The purpose of this task is to prepare written responses to comments received on the Draft EIR that raise
significant environmental issues, and submit them for the City's review after the close of the public comment
period. The responses to comments will be prepared based on the requirements of the State and City CEQA
requirements. The following approach will be used:
1. The City's EIR Project Manager will compile and transmit to MBA all written comments on the Draft
EIR.
2. MBA will confer with staff to review written comments on the Draft EIR and comments from public
meetings and hearings to develop a general ftamewotk and strategies for preparing responses.
3. MBA will submit up to five (5) copies of the Draft Response to Comments for City staff review.
Based on staff review and suggested modifications, the responses will be finalized and three (3) copies
and one unbound, photo-teady copy of the Final Response to Comment will be submitted to the City.
The responses will include a separate section identifying any Changes to the Draft EIR. Responses
that ate within this proposal scope of work and budget proposal consist of explanations, elaboration,
or clarifications of the data contained in the Draft EIR corrections, with a budgeted effort of up to 60
hours for management and technical staff in the task. If substantial new analysis, issues, alternatives,
or project changes need to be addressed, or if effort exceeds the budget amount because of the
number or complexity of responses, a contact amendment may be requested. This task also assumes
that the City's technical consultants who prepared studies for the EIR would be responsible in
drafting responses to comments that pettain to their specific issue area (i.e., drainage /water quality,
geologic resources, etc.)
Task 8. Findings and Facts in Support of Findings and Statement of Overriding Considerations
The purpose of this task is to prepare statutory requirements for actions certifying the EIR, pursuant to Section
15091 of the State CEQA Guidelines (Section 21081 of the CEQA Statutes) and to Section 15093 of the State
CEQA Guidelines. The following approach will be used:
H:Wk.t(PN -JN) W64 \66640022P \1g640022 Marina Park Proposal rev U3- 07 -US.dm 9 SNpe of Work
Cuy ofNempod Beatb — Manna Park Ma ter Plan EIR Attacbraexl A: S of Work, Frer and Srbedxle
1. MBA will prepare Draft Findings and Facts in Support of Findings for each potential significant effect
identified in the EIR and prepare a Statement of Overriding Considerations for the unavoidable
significant impacts associated with the project. As required by the State CEQA Guidelines, one of
three findings must be made for each significant effect and must be supported by substantial evidence
in the record. The Statement of Overriding Considerations will rely on consultation with the City
regarding the potential benefits of the project. MBA will submit one complete set via a -mail and ,
reproducible hard copy of the Draft Findings of Fact and Statement of Overriding Considerations to
the City's EIR Project Manager for review.
2. MBA's project manager will consult with City staff to review draft findings and overriding
considerations (if needed) to finalize them. MBA will submit one complete set via e-mail and
reproducible hard copy of the Final Findings of Fact and the Statement of Overriding Considerations
to the City's EIR Project Manager.
Task 9. Final EIR
MBA will reproduce and submit to the City twenty-five (25) copies of the Final EIR consisting of the Draft EIR
with appendices on cd and the final version of the Response to Comments. MBA will also copy and distribute
the Response to Comments document to each public agency that commented on the Draft EIR in accordance
with Section 21092.5(a) of the CEQA statutes.
Task 10. Mitigation Monitoring and Reporting Plan
The purpose of this task is to comply with Public Resources Code Section 21081.6 as mandated by Assembly Bill
3180 (Cortese 1988), by preparing a Mitigation Monitoring and Reporting Plan (MMRP) for adoption at the time
of the CEQA findings. MBA will use the following approach:
1. MBA will prepare and submit a Draft MMRP in accordance with the State and City CEQA
requirements. The MMRP will he designed to ensure compliance with the mitigation measures that
address significant impacts.
2. After City staff review and comment, MBA will finalize the MMRP and submit the required number
of copies.
Task 1L Public Meetings and Hearings
The purpose of this task is to be present at public meetings and hearings, to develop an understanding of the
public's comments and concerns, to be available to answer questions on environmental issues, and to make
presentations on the EIR. The MBA Project Manager and Traffic Consultant will attend up to four public
meetings or hearings to conduct presentations regarding the EIR process and findings (and traffic study), and be
available to answer questions. The following public meetings/ hearings included are EQAC (1); Planning
Commission (2); and City Council (1). In. addition, MBA will prepare for and attend one scoping meeting after
the distribution of the Notice of Preparation. MBA will be available to present the project, the environmental
issues that have are initially identified for evaluation in the EIR, and discuss the general schedule of the EIR
process.
Task 12. CEQA Notices
In addition to the NOP, MBA will prepare the Notice of Completion and Notice of Availability to accompany
the Draft EIR distribution. It is assumed that the City will file the Notice of Determination, and distribute public
meeting and hearing notices.
H: \CGem (PN -)N) \0664 \W4oti22P \glWltt122 Marina Park PmpwW rev 11}U7.U8.doc 10 Smpe of Vork
City of Nemp, t Beach — Marina Park Master Plan EIR. Attachment A: Scope of Work, Fees and Sehedule
PROJECT FEES
Estimated fees for preparation of the EIR for the Marina Park Master Plan Project are shown below.
MBA PROFESSIONAL FEES
Task 1.
Project Definition and Organization
$ 2,700
Task 2.
Project Management and Meetings
15,940
Task 3.
Initial Study and Notice of Preparation
6,090
Task 4.
CEQA Adequacy Review of Technical Reports
3,440
Task 5.
Administrative Draft EIR
66,060
Task 6.
Proof Check Draft and Draft EIR
12,310
Task 7.
Draft and Final Responses to Draft EIR Comments
15,680
Task 8.
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
5,780
Task 9.
Final EIR
2,440
Task 10.
Mitigation Monitoring and Reporting Plan
2,140
Task 11.
Public Meetings and Hearings
9,120
Task 12.
CEQA Notices
940
Total MBA Professional Fees
'$ 142.640
Austin Foust Associates (Traffic) 19,400
Coastal Resources Management (Marine Resources) 15,800
(Administrative Fee of 10 Percent) 3520
Total Subconsultant Fees 8 38,720
Direct Cost
Document Printing /Reprographics $ 10,770
Phone /fax, postage /delivery, mileage 1,800
(Administrative Fee of 10 Percent) 1.257
Total Direct Costs $113 827
TOTAL FEE
Ii:MCtien, (PN.JN) \0664 \06640022P \UU64U1122 Marina Park Proposal rev 113- 07.08AM 11 Fees
City of Newpott Beach — Marina Park Marten Plan EIR Attachment A: Scope of Work, Fees and Schednk
FEE ASSUMPTIONS
In determining MBA's fees for the proposed scope of work, the following assumptions are made:
1. The identified EIR fees are based on the preceding scope of work. Should additional technical studies
be required pursuant to EIR scoping or agency comments, a contract amendment may be required.
2. Printing costs are based on the method of printing and binding proposed, specific numbers of copies
proposed as work products, and estimated page lengths. Document printing costs are estimated and
will need to be finalized at the time of printing (ADEIR w /appendices on cd - $70; DEIR
w /.appendices on cd - $70, DEIR and .Appendices - $250, Response to Comments -$3M, Final EIR -$
100).
3. The EIR scope may need to be adjusted after receipt of all NOP comments.
4. The EIR will be prepared to comply with CEQA.
5. This price is based on completion of the work within the proposed schedule. If substantial delays
occur, an amendment of the price may be warranted to accommodate additional project management
and other costs, and to reflect adjustment for updated billing rates.
6. Costs have been allocated to tasks based on MBA's proposed approach. During the work, MBA may,
on its sole authority, reallocate costs among tasks, as circumstances warrant, so long as the adjustments
maintain the total price within its authorized amount-
BILLING RATES
Following are the billing rates of the MBA project team for the Marina Park Master Plan EIR.
Michael Brandman Associates
Project Manager
$
180
QA /QC
$
220
Assistant Project Manager
$
110
Environmental Planner
$
90
Environmental Analyst
$
80
Noise Specialist
$
145
Air Quality Specialist
$
130
Biologist
$
100
Water Quality Specialist
$
145
Cultural Resources Specialist
$
130
Word Processor
$
85'
GraphcTechnician /GIS
$
110
Editing
$
115
Clerical
$
80
Coastal Resources Management, Inc.
Senior Marine Biologist $ 125
Bird Biologist $ 85
Marine Biologist $ 75
Word Processor $ 55
Austin -Foust Associates, Inc.
Principal Traffic Engineer $ 180
Transportation Engineer $ 135
Technical /Clerical $ 80
H: \C Lent (PN.JN) \0664 \(M640U22P \ /NW4UU22 Muina Park Proposal rev 0- 07 -08Aoo 12 Feel
City oof Neugon Beach — Manna Park Matter Plan EIR Attachment A: Scope afWork, Fees and Schedule
SCHEDULE
Projects are considered successful when they are completed on time and within budget. MBA places a strong
emphasis on integrating schedule and budget issues into a cohesive and successful plan that will result in the
completion of a high- quality work product.
Project objectives, or milestones, need to be identified at the onset of the project through an active exchange of
goals and realistic objectives between MBA and the City of Newport Beach. Once these milestones have been
determined, dates are established for the execution of each objective. A preliminary schedule for the EIR is
identified below.
Milestone
Tentative Schedule fWe
Sign contract /Kick -off Meeting
1
Draft NOP and Initial Study Due
4
Receipt of Geotechnical Report from City's Consultant
5
Receipt of Sediment Chemistry from City's Consultant
6
City Review final N.O.P. and Initial Study
6
Consultant Sends N.O.P. and Initial Stud (City to provide mailing list
8
Receipt of Preliminary Marina Design from City's Consultant
12
Receipt of Drainage and Water Quality Evaluation from City's Consultant
14
Administrative Draft EIR Due
22
City Comments Due
25
Proof Check Draft EIR Due
28
City Comments Due
30
Draft EIR Due
32
Review Period Starts 45 days)
32
E AC Study Session
36
Review Period Ends
38
Response to Comments and Findings Due
42
City Comments Due
44
Final Response to Comments Due
46
Planning Commission Hearing #1
49
Planning Commission Hearing #2
53
Final Findings Due
55
City Council Hearin
57-61
Final EIR
62
H: \Client (PN -JN) \0664 \06640022P \W640022 Marina Nark Proposal rev 03- 07 -00.d. 13 Schedule
Professional Services Agreement
with
Terra Costa Consulting Group
PROFESSIONAL SERVICES AGREEMENT WITH
TERRACOAST CONSULTING GROUP INC.
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
2008 by and between the CITY OF . NEWPORT BEACH, a Municipal
Corporation( "City "), and TERRACOSTA CONSULTING GROUP, INC. a California
Corporation whose address is 4455 Murphy Canyon Road, Suite 100, San Diego, CA
92123 ( "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 re -use the existing Marina Park property to construct a
Marina, Community Sailing and Community Center Buildings and
Community Park
C. City desires to engage Consultant to provide Geotechnical Investigations
and Reports to provide needed technical data for the Environmental
Impact Report and to provide the basis for engineeringg of the proposed
building structures, Marina facilities, and restroom at 19 street, pavement
and flatwork referenced as Exhibit "A" for the Marina Park Project
( "Project ").
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 this Project shall be
Braven R. Smillie, Principal Geologist, TerraCosta Consulting Group.
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 30 day of June, 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
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 the 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 Thirty Three Thousand, Five Hundred Ten Dollars and no /100
($33,510.00) 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
2
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:
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.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 Braven Smillie,
Principal Geologist, 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 the Project on a timely basis as contemplated by this Agreement.
r
6. ADMINISTRATION
This, Agreement will be administered by the Public Works Department. Mark
Reader 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:
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 Clty. 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
I
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, 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
sole negligence, 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 the
Consultant on the Project.
5
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for' keeping the Project Administrator 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's Risk Manager prior to commencement of performance or issuance
of any permit. 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 the City's Risk
Manager.
D. Coverage Requirements.
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
Q
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 ($2,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of 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:
L 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
the 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.
7
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 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 or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on 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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
0
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days.after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. 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.
VJ
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
The 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.
10
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 bome 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 the
Project.
26. CONFLICTS OF INTEREST
The 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: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Braven R. Smillie, Principal Geologist
TerraCosta Consulting Group, Inc.
4455 Murphy Canyon Road, Suite 100
San Diego, Ca 92123 -4379
Phone: 858- 573 -6900
Fax: 838 - 573 -8900
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.
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.
12
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 govem.
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.
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.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM
�11 C, —
Assistant City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A.Municipal Corporation
in
Mayor
for the City of Newport Beach
TERRACOSTA CONSULTING GROUP, INC.
By:
(Corporate Officer)
Title:
Print
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:lusers\pbMshared \agreements \fy 07-08 \terra costa psa.doc
14
Proposal No. 08018
March 3, 2008
GeowWol Engineering
Caasml EngMn v Mr. Mark S. Reader, P.E.
Marinme Engineering Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
PROPOSAL FOR GEOTECHNICAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
Dear Mr. Reader:
TerraCosta Consulting Group, Inc. (TCG) is pleased to submit this proposal to perform a
geotechnical investigation for development of the Marina Park project, located on Newport
Harbor between 15th and 18th Streets, and north of West Balboa Boulevard, in the City of
Newport Beach, California.
BACKGROUND INFORMATION
For input in preparing this proposal, we have discussed the project with you, with Mr. Tim
Bundy, AIA, of Bundy - Finkel Architects, Inc., and with Mr. Randy Mason of URS /Cash,
Inc. We have also reviewed preliminary site plans describing the locations of proposed
structures, pavements, and flatwork, as well as the proposed "offshore" dock facilities.
Additionally, we have reviewed our in -house files and pertinent on -line reference sites to
obtain available geotechnical and bathymetric data in the project site area. As we
understand, the principal structures proposed are:
• A 10,190- square -foot, two -story, steel - framed community center building;
An 11,000- square -foot, two -story, steel -framed sailing center building (potentially
including a W- foot -tall steel moment -frame tower);
4455 Murphy Canyon Road, Suite 100 • San Diego, California 92123 -4379 ♦ (858) 573 -6900 voice ► (858) 573- 8900.1ux
2601 Ocean Park Boulevard, Suite 110 ♦ Santa Monica, California 90405 • (310) 3994190 mice ♦ (310) 399 -8195 /ax.
www.terracosta.com
EXHIBIT A
Mr. Mark S. Reader, P.E.
CITY OF NEWPORT BEACH
Proposal No. 08018
March 3, 2008
Page 2
• Two small single -story restroom structures (one of which is located approximately
a block away from the site on a separate property);
An 800 - square-foot, single -story marine services building;
Ancillary concrete flatwork and paved parking areas designed to support all of the
above structures; and
Offshore facilities, including 28 floating -dock boat slips, flexi -float support docks,
approach piers, a groin -wall, and bulkheads located in an area which must be
dredged to accommodate the new facilities.
SCOPE OF WORK
Our investigation is designed to address the following geotechnical issues:
On -Shore Facilities
The geologic/geotechnical setting of the site;
Potential geologic hazards, such as faulting and seismicity;
General engineering characteristics of the identified soil and geologic units,
including on -site allowable soil - bearing and earth pressure values;
Settlement estimates;
• The depth to groundwater;
• Building foundation and flatwork recommendations;
Building setbacks for any foundation impacts from adjacent and nearby structures,
if applicable;
• Grading and earthwork recommendations; and
oicG srnvrxv��w��w.vnoa�naois roi cro orN�,�cewa�.aa
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 3
Proposal No. 08018
Soil corrosion potential.
Offshore Facilities (Proposed ADA Apriroach Piers Floating Docks Groin -Wall,
and Bulkhead Walls)
• Geotechnical recommendations for dredging;
Geotechnical design input for the proposed groin -wall;
Recommendations for the lateral support of the dock -area bulkheads, including
both earth -anchor and tieback/deadman approaches;
Geotechnical recommendations for approach -pier foundations, including both pile -
supported and spread footing alternatives; and
• Depth and load/deflection criteria for use in guide pile design.
Based on our present understanding of the project and our recent site -area reconnaissance,
we propose to drill a total of eight to ten test borings and/or CPT probes at the site (both
onshore and offshore) to depths ranging from 5 to 40t feet, or to drill refusal, depending
upon the geotechnical conditions encountered. This task includes working with
Underground Service Alert to identify possible locations of buried utilities, and obtaining
the required test boring permits from the Orange County Department of Environmental
Health (DEH). If hazardous materials or contaminants should be encountered in a test
boring, we will stop drilling operations, contain the drill spoils, seal the boring in
accordance with DEH standards, and notify your office.
Our proposal assumes we will be provided access to the existing private docks for the
drilling of test borings, as well as access to the exterior "yard" areas of residential
properties for drilling of test borings in the area to be dredged
We understand that bay floor bathymetry is currently being surveyed by a member of the
City's consulting team and that the resulting bathymetric mapping will be provided to us
for use in study. In order to properly characterize bay floor surface sediments (critical
\NTCC SERVERVawmBWmpmek\tW8'MIGM[Ciry MNewpo Beach
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 4
Proposal No. 08018
elements in guide pile design), we will conduct hand - probing from a small aluminum boat
across the area planned for new floating docks.
A geologist from our office will log the test borings and CPT probes
and obtain soil samples, as required, for visual classification and laboratory testing.
Laboratory tests will be performed on representative soil samples to aid in soil
characterization and geotechnical design.
After completing our laboratory testing and engineering analyses, we will prepare a
geotechnical report presenting field and laboratory data, geotechnical conclusions, and our
recommendations for grading and construction.
For assistance with chemical and biological testing of proposed dredge soils and for
assistance with the permitting of dredging and disposal of dredged soils, we
recommend Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 -560-
5465, email: Ihonma(a�merkelinc.com). If requested, we would be happy to obtain a
proposal from Merkel & Associates and include them under our contract.
SCHEDULE
We will be prepared to start our work upon receipt of your notice to proceed (NTP). We
anticipate that locating utilities, obtaining test boring permits, scheduling drill rigs, and
drilling and sampling activities will be completed within approximately four weeks of
NTP; geotechnical and analytical testing will be completed within two weeks of field work
completion; our geotechnical and environmental report can be submitted within two weeks
following laboratory testing, or about six to seven weeks after NTP, allowing for some
overlap of these tasks.
CONDITIONS OF SERVICE
We propose to perform our service _and invoice in accordance with the attached Conditions
O0
of Service (Exhibit A), and i4W Fee Schedule (Exhibit 13) on a time - and - materials basis.
A breakdown of our estimated charges is presented on Table 1. Any consulting services
k%TM SF VMcwwkTop IsQISG O I SKI GW of N�n9odi.doc
Mr. Mark S. Reader, P.E. March 3, 2008
CITY OF NEWPORT BEACH Page 5
Proposal No. 08018
requested after submittal cLf our report will be provided on a time -and- materials basis at the
rates specified in our 20JFee Schedule (Exhibit B).
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If the above terms and conditions meet with your approval, please sign
in the space provided below and return a signed copy to our office. Your signature will
serve as our authorization to proceed, and your acknowledgement of your understanding of
Us proposal and of the attached Conditions of Service and 2007 Fee Schedule. Please
retain a copy for your records.
If you have any questions or require additional information, please give us a call.
Very truly yours,
TERRACOSTA CONSULTING GROUP, INC.
Z d! "�—
Braven R Smillie, I'Mcipal Geologist
C.E.G. 207, P.G. 402
BRS /sr
Attachments
The undersigned, being duly authorized, hereby accepts and specifically agrees to be
bound by the above document and the exhibits attached hereto, and authorizes TerraCosta
Consulting Group, Inc. to undertake the items of work described in the above document.
AGREED TO THIS DAY OF 2007
Mr. Mark S. Reader, P.E.
Public Works Department
CITY OF NEWPORT BEACH,
3300 Newport Boulevard
Newport Beach, California 92663
SIGNATURE
NAME
TITLE
\ \TCG SF ]iVEltYwiwmk\Poposah\Z008W801B PoI Ciry of Ncwpan eoAJOc
Pmposal No. 08018
TABLE 1
ESTDAATE OF FEES
GEOTECHNICAL INVESTIGATION
MARINA PARK PROJECT
NEWPORT BEACH, CALIFORNIA
March 3, 2008
1 Prin Assoc
Prof.
Tech
I Agency ,Subcontract)
Eng/Geo : Eng /Geo
TASKS $185/hr $170/hr
Eng/Geo
$155 /hr
Sr. Tech
' $100/hr
Designer
$100/hr
Support
$75 /hr
TOTAL
LABOR
Permit Drilling & i Subcontract)
Fees Probing 1 Lab Testing I TOTAL
UTILITY LOCATION / PERMITTING 1
16
4
4
$3,180
$2030 L ! $5.210
2 TEST BORMG FROM EXISTING PRIVATE DOCKS_
(6 -8) TEST BORINGS FROM LAND SIDE ti
--
16
16�
16
$2,480
$4,080
$3,250 $5,730
_ $5,060 1 _ $9 140
8
8
$2040
OFFSHORE PROBING (GUIDE PILE DESIGN)_
.. --I— --
- $250 I
�. ._ . - ]--..$2,290 --
LABORATORY TESTING 2
2
$540
J $1[5001 $2040
4
$4 080
ANALYSES; 4 16
._.. ... . -... ....... .. -... _ _—
REPORT PREPARATION 2. 101
j $4 080
-
,.. _...
! $5,02.0
10�
8
8
$5 020
TOTAL I30'4IR5
6i 2'8
.,
z
'777 1
. �
, $2•U$0� 58-560 $1500
$33,510
T6TA#,'
NOTES: ' This estimate does not include any assistance with permitting.
For assistance with chemical and biological testing of proposed dredge soils and for assistance with permitting for the dredging and disposal of soils, we recommend
Merkel & Associates, Inc. (contact Mr. Lawrence Honma - tel: 858 - 560 - 5465, email: Ihonina@merkelinc.com).
Our proposal assumes we will be provided access to the existing private docks for the drilling of test borings, as well as access to the exterior "yard" areas of
residential properties for drilling of test borings in areas proposed for dredging.
This estimate also includes an additional CPT probe at a site, approximately a block from the Marina Park project, where a small restroom building is proposed.
Geotechnical services requested following the delivery of our report will be charged at the rates listed above.
EXHIBIT B
-2M7 FEE SCHEDULE
204
HOURLY CHARGES FOR PERSONNEL
PRINCIPAL ENGINEERIGEOLOGIST
ASSOCIATE ENGINEER/GEOLOGIST
SENIOR ENGINEERIGEOLOGIST
PROJECT ENGINEERIGEOLOGIST
STAFF ENGINEERIGEOLOGIST
SENIOR TECHNICIAN/PREVAILING WAGE
TECHNICIAN
SENIOR DESIGNER
DESIGNER
TECHNICAL SUPPORT
OUTSIDE SERVICES
Outside services will be charged at cost plus 15 percent
OVERTIME
$ 185.00
170.00
160.00
155.00
125.00
100.00
. 85.00
130.00
100.00
75.00
Technician and support personnel time for work over eight (8) hours per day will be
charged at 1.25 times the regular rates. Holiday and weekend hours (all hours) will
be charged at 1.50 times the regular rates.
LITIGATION FEES
Fees for participation in deposition, arbitration, trial, etc., will be charged at a rate of
$350.00 per hour, 4 -hour minimum, portal to portal.
Amendment No. 2 to Professional
Services Agreement
with
Gable Engineering, Inc.
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GABLE ENGINEERING, INC.
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this_ day of 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation ( "City") and GABLE ENGINEERING INC.,
a California Corporation, whose address is 1048 Irvine Avenue #441, Newport Beach,
California, 92660 ( "Consultant'), is made with reference to the following:
RECITALS
A. On February 13, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for capital improvement
project management services.
B. On August 13, 2007, City and Consultant entered into an Amendment No. 1,
hereinafter referred to as "Amendment No. 1", for additional project management
services.
C. The Amendment's term is due to expire on June 30, 2008.
D. City desires to have Consultant provide additional project management services
in connection with the preparation of schematic design, Environmental Impact
Report, and geotechnical investigation for the Marina Park project.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
compensate Consultant for additional professional services needed for City
under the terms and conditions set forth in this Agreement.
F. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 2 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide the services outlined in the March 12, 2008 Letter from
Consultant attached hereto as "Exhibit A" and incorporated in full by this
reference.
2. Total additional compensation for services performed pursuant to this
Amendment No. 2 for all work performed, including all reimbursable items and
subconsultant fees, shall not exceed Eighty Six Thousand Four Hundred
Dollars ($86,400.00). Consultant shall be paid on a time and materials basis at
a billing rate of $100 per hour, as outlined in Exhibit A.
3. The term of the Agreement shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
eff ect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
C f
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A —Letter Proposal
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Edward Selich, Mayor
for the City of Newport Beach
GABLE ENGINEERING INC
L-on
Mark S. Reader, P.E.
f: lusers�pbwlsharedlagreements\ty 07- 08Veader-gable- amendment -2.doc
KA
GABLE ENGINEERING INC.
392 Ramona Way
Costa Mesa, CA 92627
mreader@city.newport-beach.ca.us
Phone: 949- 981 -5260
March 12, 2008
Mr. Steve Badum
City of Newport Beach
Public Works Dept.
3300 Newport Blvd.
Newport Beach, California
RE: Marina Park Project
To whom it may concern:
This letter is to certify that on March 11, 2008 1 was requested to estimate a management fee
for the Marina Park Project. At this time several professional service contracts are going before
council on March 25". This includes schematic design services to be provided by
Rabben /Herman Design Office and its subconsultant team, Michael Brandman Associates for
preparation of the EIR, TerraCosta Consulting Group Inc to provide soils investigation and a yet
to be named consultant for sediment sampling and analysis. According to MBA's project
schedule the approval of the EIR is estimated to be completed in approximately 72 weeks.
Based upon this 72 week schedule I have estimated for my time at 12 hours a week for the next
72 weeks at my billing rate of $100 per hour. This computes to a fee of $86,400.00. 1 will
continue to provide services on an as needed basis and will continue to outline those services in
my monthly invoices.
Sincerely,
Mark S. Reader, PE
President, Gable Engineering Inc.
Marina Park Site Plan
•
Plerhead
Improved Eweng
nand lawn
aae
""ad ^ne
c r I}
i►
N
!' alaeMa111M111Y NY�a
n
�n Cmv. 9uY9 +4F
•
Marina Park Concept Plan
==wOm
m
Proposed Plan
Marina Park
oy�5 i0 J� .�
-x+
wr
I �
".
City of Newport Beach
BUDGET AMENDMENT
200748
'EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
NO. BA- 08BA -053
AMOUNT: 51,070,727.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund balance to enter into a contract for
preparation of schematic design services, environmental impact report and geotechnical investigation for Marina Park.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Description
Description
7411 Marina Park
C4002002 Marina Park
Financial Approval: Administr090e Services Director
Amount
Debit Credit
$1,070,727.00
` Automatic
$1,070,727.00
Date
Date
Signed:
City Council Approval: City Clerk Date
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GABLE ENGINEERING
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 7V46y of 2007, by and between the CITY OF
NEWPORT BEACH, a mu ' ipal corporation ("City") and GABLE ENGINEERING.
INC., a California corporation, whose address is 392 Ramona Way, Costa Mesa,
California, 92627 ("Consultant"), is made with reference to the following:
RECITALS
A. On February 13, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for capital improvement
project management services.
B. The Agreement's term is due to expire on June 30, 2007.
C. City desires to have Consultant provide additional project management services
in connection with the construction of various capital projects.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
compensate Consultant for additional professional services needed for City
under the terms and conditions set forth in this Agreement.
E. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide the services outlined in the June 18, 2007 Letter from
Consultant attached hereto as "Exhibit A" and incorporated in full by this
reference.
2. Total additional compensation for services performed pursuant to this
Amendment No. 1 for all work performed, including all reimbursable items and
subconsultant fees, shall not exceed One Hundred Four Thousand Dollars
($104,000.00). Consultant shall be paid on a time and materials basis at a billing
rate of $100 per hour, as outlined in Exhibit A.
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPR VED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
A4rkj4� �. 1�",
By: G H ucfx
fffLaVonn ark ,
City Clerk
�EWPp�
s
Attachment: Exhibit A - Scope of Work
CITY OF NEWPORT BEACH,
A I alor oration
B:
Steve Rosansky,a or
for the City of Ne Beach
GABLE ENGINEERING, INC.
gyp :�✓� ��r-r-''„ .
(Corporate Officer)
Title: p,-V5/DEti7-
Print Name: M A Z K- EX"A
By:: ' �
(Financial Officer)
Title: J.V/,Pe7VT
Print Name: MAle-)-"' C-woXt
f:\users\pbw\shared\agreements\fy 07-08\reader-gable-amendment-1.doc
June 18, 2007
Mr. Steven G. Badum
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA
Re: Contract Engineering Position
Dear Mr. Badum,
RECEIVED
JUN 1 g nul
Public Works Department
City of Newport Beach
I have enjoyed assisting the Newport Beach Public Works Department with the various projects I
have been assigned these last several months. I have enjoyed the challenges each project brings
and look forward to continue to keep these projects moving forward. As a follow up to our
meeting last week, I would like this letter to express my continued interest in the Contract
Project Manager position and I look forward to assisting the city with their engineering needs for
the upcoming fiscal year.
In terms of a contract amount, I am estimating 20 hrs per week which equates to 1,040 hours for
the year. Based on a billing rate of $100 per hour, the total contract amount will be $104,000.1
Let me know if you need any other information at this time.
Sincerely,
Mark S. Reader, PE
Exhibit A
California Business Search
t � F-13BO
DISCLAIMER: The information displayed here is current as of JUL 06, 2007 and is updated weekly. It is
not a complete or certified record of the Corporation.
Corporation
GABLE ENGINEERING, INC.
Number: C1988349
Date Filed: 7/22/1997 Status: active
Jurisdiction: California
Address
392 RAMONA WAY
COSTA MESA, CA 92627
Agent for Service of Process
W. ROD STERN
2603 MAIN STREET, 9TH FL
IRVINE, CA 92614
Blank fields indicate the information is not contained in the computer file.
If the status of the corporation is "Surrender", the agent for service of process is automatically revoked.
Please refer to California Corporations Code Section 2114 for information relating to service upon
corporations that have surrendered.
Page 1 of 1
http://kepler.ss.ca.gov/corpdata/ShowAIlList?QueryCorpNumber=C1988349&printer=yes 07/13/2007
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. ?11
July 24, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 - 644 -3311 or sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH GABLE ENGINEERING, INC. FOR CIP PROJECT
MANAGEMENT SERVICES
RECOMMENDATIONS:
Approve Amendment No. 1 to Professional Services Agreement with Gable
Engineering, Inc. at a not to exceed price of $104,000 and authorize the Mayor and City
Clerk to execute the Agreement.
DISCUSSION:
On February 13, 2007, the City Council approved a Professional Services Agreement
for capital improvement project management services with Gable Engineering, Inc. It
was anticipated that consultant services would be needed to fill a staffing gap until the
City had an opportunity to recruit and retain a new employees. Since recruitment
efforts did not yield the appointment of new staff, supplemental project management
services are still necessary to keep the Capital Improvement Program and its various
projects moving forward. Gable Engineering is currently serving as project manager for:
1. Marina Park Preliminary Design
2. Newport Center Park Design
3. Irvine Terrace Landscape Improvements
4. Big Canyon Creek restoration
5. Little Corona Restroom Replacement
Staff solicited a new proposal from Gable Engineering, Inc. to continue providing
interim project management services until vacant positions can be filled. The proposed
scope of professional services will include the management of the design and
construction of the above listed capital projects and additional projects as assigned..
The designated project manager from Gable Engineering, Inc. is Mark' Reader, P.E.
Mr. Reader has over twenty years experience in civil engineering and has extensive
experience in managing capital projects. It is expected that Mr. Reader will work an
Approval of Amendment No. 1 to Professional Services Agreement with Gable Engineering for CIP Management Services
July 24. 2007
Page 2
average of 20 hours per week for the next twelve months. The proposed hourly rate is
$100 /hr and the overall cost will not exceed $104,000.
Funding Availability:
The current vacant positions that affect the delivery of the CIP include City Engineer and
Principal Engineer. With the pending retirement of Lloyd Dalton, Acting City Engineer, a
second Principal Engineer position will also be vacant by the end of July. Staff projects
that salary savings up to $458,221 will be available if the three positions remain vacant
for the next fiscal year. Due to the recent recruitment difficulties, we are working on a
reorganization plan for the Public Works Department to ensure the continuation of
quality services and capital project delivery. While it is hoped that the reorganization
plan will be completed and reviewed by City Council in the near future, the
implementation of such a plan will span over the next fiscal year. This contract and
potentially additional contracts may be needed to keep us moving forward as we
implement changes in the department to compensate for the loss of experienced
personnel.
Submitted by:
Badum
.s Director
Amendment No. 1 to Professional Services Agreement
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
• WITH GABLE ENGINEERING
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this _ day of 2007, by and between the CITY. OF
NEWPORT BEACH, a municipal corporation ( "City ") and GABLE ENGINEERING.
INC., a California corporation, whose address is 392 Ramona Way, Costa Mesa,
California, 92627 ( "Consultant "), is made with reference to the following:
RECITALS
A. On February 13, 2007, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for capital improvement
project management services.
B. The Agreement's term is due to expire on June 30., 2007.
C. City desires to have Consultant provide additional project management services
in connection with the construction of various capital projects.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
compensate Consultant for additional professional services needed for City
under the terms and conditions set forth in this Agreement.
E. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide the services outlined in the June 18, 2007 Letter from
Consultant attached hereto as "Exhibit A" and incorporated in full by this
reference.
2. Total additional compensation for services performed pursuant to this
Amendment No. 1 for all work performed, including all reimbursable items and
subconsultant fees, shall not exceed One Hundred Four Thousand Dollars
($104,000.00). Consultant shall be paid on a time and materials basis at a billing
rate of $100 per hour, as outlined in Exhibit A.
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPR VED AS TO FORM:
7 ff,
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A — Scope of Work
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Steve Rosansky, Mayor
for the City of Newport Beach
GABLE ENGINEERING, INC.
By:_
Title:
(Corporate Officer)
Print Name:
By:
(Financial Officer)
Title:
Print Name:
f.\usersVbMsharedlagreementsVfy 07 -08Veader- gableamendment-i.doc
2
June 18, 2007
Mr. Steven G. Badum
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA
Re: Contract Engineering Position
Dear Mr. Badum,
RECEIVED
JUN Y R ZUU1
Public Works Department
City of Newport Beach
I have enjoyed assisting the Newport Beach Public Works Department with the various projects I
have been assigned these last several months. I have enjoyed the challenges each project brings
and look forward to continue to keep these projects moving forward As a follow up to our
meeting last week, I would like this letter to express my continued interest in the Contract
Project Manager position and I look forward to assisting the city with their engineering needs for
the upcoming fiscal year.
In terms of a contract amount, I am estimating 20 hrs per week which equates to 1,040 hours for
the year. Based on a billing rate of $100 per hour, the total contract amount will be $104,000.1
Let me know if you need any other information at this time.
Sincerely,
Mark S. Reader, PE
Exhibit A
PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT
THIS AGREEMENT is made and entered into as of this day of )CeO q ,
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corpor tion
("City"), and GABLE ENGINEERING, an individual, whose address is 392 Ramona
Way, Costa Mesa, California,92627 ("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 proceed with the design and management of the City's Capital
Improvement projects.
C. City desires to engage Consultant to manage miscellaneous Capital
Improvement projects ("Project").
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 Mark S.
Reader.
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 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform CIP Management Services as assigned by the
City Engineer.
3. TIME OF PERFORMANCE
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 the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either 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 Billing Rate of
$100/hr. 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 Fifty Thousand Dollars and
no/100 ($50,000) 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.
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 Mark S. Reader
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager.
2
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Stephen G. Badum 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:
A. Provide access to, and upon request of Consultant, access to 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.
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.
3
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, 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 the
Consultant on the Project.
:11
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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's Risk Manager prior to commencement of performance or issuance
of any permit. 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 the City's Risk
Manager.
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
0
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
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.
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
the 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.
0
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
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 or joint -venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
7
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. 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.
19. 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.
20. INTELLECTUAL PROPERTY INDEMNITY
The 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.
21. 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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The 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.
25. 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:
�7
Attn: Stephen G. Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3311
Fax: 949-644-3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Gable Engineering
Mark S. Reader
392 Ramona Way
Costa Mesa, Ca 92627
Phone: 949-981-5260
26. 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.
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.
27. 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.
10
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. 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.
30. 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.
31. 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.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
11
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Assistant City Attorney, Aaron Harp
for the City of Newport Beach
ATTEST:
By: 1�vt�yw /� ), 94;�19
LaVonne Harkless,
City Clerk
Attachments: Letter of Proposal
CITY OF NEWPORT BEACH,
A Municipal Corporation
BY:
Mayor
for the City of Newport
GABLE ENGINEERING:
By:
Mark E;. Reader
F:\Users\PBW\Shared\Agreements\FY 06-07\READER-TEMP EMPLOYMENT.doc
12
January 15, 2007
Mr. Steven G. Badum
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA
Re: Contract Engineering Position
Dear Mr. Badum,
It was a pleasure meeting with yourself and Lloyd Dalton to discuss employment with the City of
Newport Beach Public Works Department as a part time contract engineer. As a follow up to our
meeting last Friday, I would like this letter to express my interest in this position and I look
forward to assisting the city with their engineering needs.
I have a track record of being a self starter and founded and operated a successful private
practice civil engineering consulting firm for 15 years. After running a small business for many
years and wanting the challenge of working on much larger projects, I re-entered the corporate
world and enjoyed being involved with large budget projects. An integral part of this
management position at HFI was determining client needs, finding solutions to problems and
then executing plans to provide timely services to meet deadlines. In addition to my management
skills I feel my civil and structural engineering expertise will be an added benefit to the City of
Newport Beach.
My resume is enclosed for your review and I look forward to hearing from you in the near future.
Sincerely,
Mark S. Reader, PE
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. –"—
February 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949-644-3311 or sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
GABLE ENGINEERING FOR CIP PROJECT MANAGEMENT SERVICES
RECOMMENDATION:
1. Approve a Professional Services Agreement with Gable Engineering at a not to
exceed price of $50,000 and authorize the Mayor and City Clerk to execute the
Agreement.
2. Approve a Budget Amendment transferring $50,000 from salary savings in the
• Engineering Division (5100 -7000) and transfer the funds to Engineering Division
Services Professional and Technical Account 5100 -8080.
DISCUSSION:
With the recent retirement of our City Engineer, supplemental project management
services are needed to fill the gap to keep the Capital Improvement Program and its
various projects moving forward. Staff solicited proposals from various small local firms
and independent consultants. Upon review, staff selected Gable Engineering as the
best qualified to provide interim. project management services. The proposed scope of
professional services will include the management of the design and construction of
various capital projects as assigned by the Acting City Engineer. The designated
project manager from Gable Engineering will be Mark Reader, P.E.. Mr. Reader has
over twenty years experience in Civil Engineering and has extensive experience in
managing capital projects. We expect that we will utilize Mr. Readers project
management services at an average of 20 hours per week. The proposed hourly rate is
$100 /hr and the overall cost will not exceed $50,000.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available
• in the following account(s) for the project:
Approval of Professional Services Agreement with Mark Reader for CIP Management Services
February 13, 2007
Page 2
Account Description
Services Professional and Technical
Submitted by:
Director
Account Number
5100 -8080
Total
Professional Services Agreement
Amount •
$50,000.00
$50,000.00
n
U
•
PROFESSIONAL SERVICES AGREEMENT WITH
• GABLE ENGINEERING
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT
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 GABLE ENGINEERING, an individual, whose address is 392 Ramona.
Way, Costa Mesa, Califomia,92627 ( "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 proceed with the design and. management of the City's Capital
Improvement projects.
C. City desires to engage Consultant to manage miscellaneous Capital
Improvement projects ( "Project').
• 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 Mark S.
Reader.
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 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
• Consultant shall diligently perform CIP Management Services as assigned by the
City Engineer.
3. TIME OF PERFORMANCE
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 the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
0
City shall pay Consultant for the services on a time and expense not4o- exceed
basis in accordance with the provisions of this Section and the Billing Rate of
$100/hr. 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 Fifty Thousand Dollars and
no /100 ($50,000) 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.
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 Mark S. Reader •
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager.
2
• 6. ADMINISTRATION
This . Agreement will be administered by the Public Works Department.
Stephen G. Badum 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:
A. Provide access to, and upon request of Consultant, access to 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 Consultants work schedule.
B. Provide blueprinting and other services through Citys reproduction
company for bid documents.
•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.
i�
9.
10.
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, 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.
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 the
Consultant on the Project. •
4
12. CITY POLICY
• Consultant shall discuss and review all matters relating to policy and Project
direction with City s Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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's Risk Manager prior to commencement of performance or issuance
of any permit. 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 lar9er) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employers 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 Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
5
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
1 by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be perfomted
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.
E. Endorsemenfs. Each general liability and automobile liability insurance
policy shall be endorsed with the following speck 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
the 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. •
6
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
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,fifly
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
7
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 Citys 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. 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.
19. 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.
20. INTELLECTUAL PROPERTY INDEMNITY
The 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.
21. RECORDS
I�L
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
F
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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have.an immediate right to appeal to the City Manager or 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
• 24. CONFLICTS OF INTEREST
The 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.
25. 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:
M
26.
27.
Attn: Stephen G. Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949- 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Gable Engineering
Mark S. Reader
392 Ramona Way
Costa Mesa, Ca 92627
Phone: 949 - 981 -5260
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. .
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.
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.
ib
• 28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not. be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. 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.
30. 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.
31. 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.
•
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City.
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect. ,
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
11
35. EQUAL OPPORTUNITY EMPLOYMENT •
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on.
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
,4 C By:
Assistant City Attorney, Aaron Harp Mayor
for the City of Newport Beach for the City of Newport Beach
ATTEST: GABLE ENGINEERING:
By: By:
LaVonne Harkless, Mark S. Reader
City Clerk •
Attachments: Letter of Proposal
•
F *%Users%PBWlShared%Agreements%FY 06- 0TREADER -TEMP EMPLOYMENT.doc
12
• January l5, 2007
Mr. Steven G. Badum
City of Newport Beach
Public Works Department
3300 Newport Blvd.
Newport Beach, CA
Re: Contract Engineering Position
Dear Mr. Badum,
It was a pleasure meeting with yourself and Lloyd Dalton to discuss employment with the City of
Newport Beach Public Works Department as a part time contract engineer. As a follow up to our
meeting last Friday, I would like this letter to express my interest in this position and I look
forward to assisting the city with their engineering needs.
I have it track record of being a self starter and, founded and operated a successful private
practice civil engineering consulting firm for 15 years. After running a small business for many
years and wanting the challenge of working on much larger projects, I re-entered the corporate
world and enjoyed being involved with large budget projects. An integral part of this
management position at HE was determining client needs, finding solutions to problems and
• then executing plans to provide timely services to meet deadlines. In addition to my management
skills I feel my civil and structural engineering expertise will be an added benefit to the City of
Newport Beach.
My resume is enclosed for your review and I look forward to hearing from you in the near future.
Sincerely,
Mark S. Reader, PE
•
City of Newport Beach
BUDGET AMENDMENT
2006 -07
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
X Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 07BA -045
AMOUNT: $so,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
PX No effect on Budgetary Fund Balance
To transfer budget appropriations from salary savings to execute a professional services agreement with Gable Engineering
for CIP protect management services.
.ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Fund Account
ONUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Description
Description
Description
5100 Public Works - Engineering
7000 Salaries - Misc
5100 Public Works -Engineering
8080 Services - Professional & Technical NOC
Signed:
Fin nciai Approval: `Administrative Services Director
Signed:
• - Administrative Approval:
Signed:.
Amount
Debit Credit
$50.000.00
$50.000.00
e'?'.
2-r710 -7
D
City Council Approval: Clty.Clerk Date