HomeMy WebLinkAboutC-5845 - PSA for Balboa Village Integrated Improvement PlanPROFESSIONAL SERVICES AGREEMENT
WITH RRM DESIGN GROUP FOR
BALBOA VILLAGE INTEGRATED IMPROVEMENT PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 11th day of June, 2014 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and RRM DESIGN GROUP, a California corporation ("Consultant'), whose
address is 3765 South Higuera St., Ste 102, San Luis Obispo, CA 93401, 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 desires to engage Consultant to update the Balboa Village Guidelines,
Streetscape Improvement Plan and Wayfinding Signage Program ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on December 31, 2014, 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 ("Services"
or "Work'). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Forty Nine Thousand Seven Hundred Fifty One Dollars and 00/100 ($149,751.00),
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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 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 Jami Williams 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Deputy Community Development Director or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California..
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant represents
that the Work conforms to the requirements of this Agreement, all applicable federal,
state and local laws, and the professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
RRM Design Group Page 5
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 co -tenancy, 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 subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
ii�il7rl.M&HiICZi13Blois] IIJi1 11
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 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.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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 expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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. City shall notify Consultant in writing
immediately of said disputed sums. With written notification 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 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
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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
24.1 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.
24.2 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
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Brenda Wisneski, Deputy Community Development Director
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jami Williams, Principal
RRM Design Group
3765 South Higuera St., Ste. 102
San Luis Obispo, CA 93401
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R EY'S OFFICE
Date: NoIm 1I )
AMon'C. Harp
City Attorney
ATTEST: /' �r,l
Date: l
C
By:
*V�--
Leilani I. Brown
City Clerk
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CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Rush N. Hi , II
Mayor
CONSULTANT: RRM Design Group, a
California corporation
Date:
Date:
By:
Erik Juste;
CEO & Pr siden
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RRM Design Group Page 11
RRM Design Group Page A-1
COMMUNITY I CIVIC & PUBLIC SAFETY I RECREATION I URBAN
ARCHITECTS I ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS
Task 1: OUTREACH (AC meetings are on the second Wednesday of the month)
Task 1.1: Kickoff Meeting and Site Tour
The consultant team will prepare for and conduct an initial kick-off meeting with City staff. This task will include the
following:
• Obtain client -supplied maps, documents, and related information
• Review of project objectives, scope of work, and project timeline
• Identification of key project contacts and information exchange
• Identification of potential stakeholder interviewees
• Discussion of general problems, hot spots, and issues to be focused on during the project
• Identification of optimal working relationship, in terms of receipt and review of materials, turnaround times, etc.
• Discussion of public outreach strategy
• Discussion of document and product format, organization, and graphic quality presentation
• Tour of Balboa Village with staff
Deliverable Products:
• Pre -meeting list of data needs
• Prepare for and attend kick-off meeting
Task 1.2: BVAC Meeting No. 1 —Visioning, Issue Identification, and Visual Preference Survey (June)
RRM and Graphic Solutions will engage the Balboa Village Advisory Committee (BVAC) in a collaborative and interactive
working session. The purpose of the meeting will be to solicit input from the Committee related to the goals of the
project, the vision for the future of Balboa Village, identifying the character -defining elements and architectural styles
within Balboa Village, and discussing streetscape and wayfinding ideas. This meeting will likely be structured in two parts.
In the first portion of the meeting, BVAC participants will be guided through the background, objectives, and timeline
of the planning effort. The second portion of the meeting will be devoted to a visual preference survey, wherein RRM
will display contrasting images; participants will be asked to state which images they prefer using interactive computer
software.
Deliverable Products:
Prepare meeting agenda, materials, and facilitate the meeting
City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & Wayfinding Signage Program 11
Task 1.3: BVAC Meeting No. 2—Concepts (July)
RRM will facilitate a second meeting with the BVAC to present and gather feedback on preliminary streetscape and
wayfinding design concepts. Participants will be asked to provide close grained feedback on initial concepts and
alternatives. A draft of the Design Guidelines document will be provided in advance of the meeting for BVAC review and
comment.
Deliverable Products:
• Prepare meeting agenda, materials, and facilitate the meeting
• City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
Task 1.4: BVAC Meeting No. 3 — Concept Refinement (August)
RRM will facilitate a third meeting with the BVAC to present and gather feedback on the refined streetscape and
wayfinding design concepts. Participants will be asked to provide close -grained feedback on initial concepts and
alternatives. An update on the Design Guidelines will also be provided at this meeting.
Deliverable Products:
• Prepare meeting agenda, materials, and facilitate the meeting
• City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
Task 1.5: BVAC Meeting No. 4 — Final Concepts (September)
RRM will facilitate a final meeting with the BVAC to present final streetscape and wayfinding design concepts and the
Design Guidelines document.
Deliverable Products:
Prepare meeting agenda, materials, and facilitate the meeting
City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
Task 0.1: Optional Hearing Attendance
After the preparation of the Public Draft of the Design Guidelines, RRM is available to attend and present to the Planning
Commission and/or City Council as needed. The purpose of this hearing is to review the key elements of the Design
Review Guidelines and to get feedback.
Deliverable Products:
• RRM will prepare for and present at one (1) Planning Commission or City Council Hearing
• City staff will be responsible for meeting notification and logistics
12 rrm group
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Proposal - Methodology
Task 2: DESIGN GUIDELINES
The City of Newport Beach has requested RRM to revise the existing Balboa Village Design Guidelines that were adopted
in 2002. The City has indicated that the revision will focus on the following three components to be expanded on or
updated:
1. Focus on the Building Character and definition of Architectural Style section. Provide additional detail on which
architectural styles are appropriate and meaningful for Balboa Village.
2. Update the graphic formatting and overall look of the Design Guidelines document.
3. Expand on the graphics and provide additional suggestions forthe Facade Improvement section that can be
implemented for existing buildings. Provide new "Before -and -After" case studies that will provide guidance for
building remodels.
The existing Balboa Village Design Guidelines are over 10 years old and need to be updated to address current issues
and maximize the potential to upgrade building exteriors. The revised design guidelines will provide the necessary
guidance and vision to continue improving the Village image overthe next decade. The guidelines will strive to instill and
strengthen the unique character and attributes that give Balboa Village a great sense of place.
Task 2.1: Conduct Background Research
As a first step in the process, RRM will review all data that is relevant to the area (to be provided by the City), including
mapping information, General Plan policies, Zoning Code, development standards, existing Design Guidelines, ULI TAP
Report, parking analysis, and other planning efforts that have a bearing in the Village. The primary effort here is to
harness the wealth of existing data that can be used in the process of updating the existing document.
Deliverable Products:
• Review and gather data as described above
Task 2.2: Redilne Existing Design Guidelines
Following the review of existing data, the project team will review the existing Design Guidelines, providing feedback in
the form of highlights, strikethrough, and other hand written comments. The purpose of this task is to clearly identify
with staff what elements of the existing Design Guidelines are still valid and which need the most editing or updating.
This will also provide an opportunity to discuss document format, organization, and graphic quality presentation.
Deliverable Products:
• One (1) scanned copy of the Existing Design Guidelines with RRM's commentsJedits
City of Newport Beach I Balboa Village Design Guidelines, Streetscape improvement Plan & Wayfinding signage Program 13
• M.f 'i • i !.f
Task 2.3: Fagade Improvement Sketches
RRM will work with City staff to select four case study examples of Fagade Improvements. Two will focus on cosmetic
improvements with little structural ramifications (simple improvements that are low cost, but high impact). The other
two fagade improvement case studies will focus on a more significant remodel with potential increased uses or square
footage, structural changes, and a higher level investment on the building owner. The case studies are intended to inform
and provide design examples that illustrate concepts contained within the Design Guidelines.
Deliverable Products:
• Four (4) Case Study Fogade Improvement elevations or sketches to be incorporated into the Design Guidelines
Task 2.4: Administrative Draft Design Guidelines Document
Based on the input from previous tasks, RRM will prepare the Design Guidelines, which will contain pictorial and verbal
descriptions of Character, Framework, Design Principles, and Building Design Guidelines. It is intended to be used as a
tool by developers, designers, architects, and design review personnel to achieve high-quality architectural and urban
design that is compatible with and complementary to the existing Balboa Village development. The document will
include guidelines, graphics, maps, before -and -after exhibits, and good/bad examples depicted with photographs to
satisfy the following objectives:
1. Clearly describe, in a print format with graphics and text, Balboa Village's policies and expectations for building and
site design. It is assumed that RRM will build upon the existing policies and guidelines. Anticipated sections of the
Design Guidelines include: Introduction, Character, Framework, Design Principles, Site Design, Building Design, and
specifics on Fagade Renovation Concepts.
2. Provide innovative design approaches for Fagade Improvement Concepts to existing building stock within Balboa
Village to guide future development and avoid design problems (see Task 2.3 above).
3. Focus on Architectural Character and Style, with specific examples and drawings delineating what is appropriate for
Balboa Village, such as massing, roof design, doors and window details, ornamentation, lighting, and color and finish
details.
4. Result in a graphic -intensive document, utilizing photos, supplemented with hand -drawn sketches and illustrations.
The Design Guidelines will include recommendations of character, scale, color, and architectural elements to bring
cohesiveness to the community in a way that leaves room for individual design expression within certain parameters.
Deliverable Products:
• The RRM team will assemble the Design Guidelines Administrative Draft and produce one (1) electronic copy
• This draft is for in-house administrative review only and will be refined in the Screencheck Draft
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Task 2.5: Screencheck Draft for BVAC Review
Following RRM's submittal of the Administrative Draft, City staff will be asked to provide comments in one consolidated
set of redlined comments. RRM will then produce a Screencheck Draft of the Design Guidelines for final staff review and
comment prior to presenting the document to the BVAC.
Deliverable Products:
• City will provide one (1) consolidated marked -up, redline version of all Administrative Draft comments and RRM
will make such revisions
• RRM will provide one (1) electronic copy of the Screencheck Draft Design Guidelines
Task 2.6: Public Draft (Including BVAC Recommendations)
Based on review and comments provided by BVAC, as well as discussions with staff, RRM will revise the text and graphics
of the document and prepare the Public draft of the documents.
Deliverable Products:
• Revise Design Guidelines and deliver one (I) electronic version of the document
Task 2.7: Final Draft
Following the feedback received from the public and the BVAC on the Public Draft, RRM will make the final edits and
modifications to the document. It is assumed that one set of revisions will be made to the document, incorporating both
the public, BVAC, and Planning Commission's input.
Deliverable Products:
• Make final edits and produce one (I) electronic format on CD
Task 3: STREETSCAPE MASTER PLANS
RRM will develop a Conceptual Streetscape Design Plan for Edgewater Place, Bay Avenue, and East Balboa Boulevard,
between Adams Street and A" Street; and for Adams, Palm, Washington, Main and "A" Streets, between Edgewater
Place and Newport Balboa Bike Trail. Streetscapes and public spaces must successfully blend function (streets must
convey traffic) and decorative amenities for accommodation of pedestrians. Concepts may include recommendations for
the following Balboa Village amenities:
• Sidewalks and waterfront boardwalk that accommodate large groups
• Upgraded Ferry Boat landing to recognize this gateway and create a sense of arrival
• Comfortable seating and nooks for sitting and people watching
• Cohesive sidewalk and street paving themes and landscaping, for enhancing identity and softening street edges
for pedestrians
• Decorative street walls and lighting to update and further distinguish the area
• Bike parking/corrals
• Identification of places to Integrate public art
• Planting material and shade trees that do not inhibit pedestrian movement
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & Wayfinding Signage Program 15
i •l••: • ••.. t••'..
Task 3.1: Data Collection/Existing Conditions
RRM will review all data that is relevant to the area (to be provided by the City), including mapping information, existing
Design Guidelines, ULI TAP Report, parking analysis, previous engineering studies, historic maps and drawings, OC County
data, traffic studies for streets in the Project Area, as -built drawings, underground and/or overhead public utility maps,
standard City details and specifications, previous concept design exhibits for adjacent streets, etc. Our design team will
review this data for completeness and may request additional information from the City, as necessary, to assist in the
project area's opportunities and constraints exhibit. This data will be useful in identifying the physical, jurisdictional,
and land use constraints of the streetscape sites, and will play a critical role in assessing all aspects of the streetscape's
design.
Deliverable Products:
. Review and gather data as described above
Task 3.2: Document Review/Opportunities and Constraints
RRM will assess the area's physical features within Balboa Village to form the basis of an opportunities and Constraints
Map, and we will provide a written assessment of certain items that do not lend themselves to mapping symbols.
Deliverable Products.
• Opportunities and Constraints Exhibit
Task 3.3: Public Works and City Maintenance Meetings
RRM will meet and confer with the City Public Works and Maintenance representatives to address key issues relevant to
the planning process. We anticipate meetings to be held during the opportunities and constraints plan development. The
meetings are anticipated to be conducted on the same day, back-to-back or combined, to ensure the input from the staff
participants will yield collaborative solutions. Input gathered will be incorporated into the opportunities and constraints
plan and conceptual Streetscape and multi -modal plan, outlined in Task 3.4. It may be helpful to also include police and
fire department representatives to gain their insight and incorporate design solutions, which support their needs.
Deliverable Products:
• Prepare for and attend one (1) meeting with Public Works and one (1) meeting with Maintenance
Task 3.4: Conceptual Streetscape Plans
RRM will develop Conceptual Streetscape Design Plans for Edgewater Place, Bay Avenue, and East Balboa Boulevard,
between Adams Street and 'A" Street; and Adams, Palm, Washington, Main and "A" Streets, between Edgewater Place
and Newport Balboa Bike Trail. Concepts will promote a unique identity for Balboa Village, blending historic elements
and adjacent street improvements. The plans will clearly locate and illustrate such things as sidewalk uniformity, seating
areas, bike facilities, parking and lane configuration concepts, landscaping, street trees, traffic calming measures, and
pedestrian crossing enhancement opportunities.
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The layout will be communicated through plan graphics, along with a loose perspective character sketch for each concept
option to help communicate the "feel" of the overall street experience. The vantage points of each of the perspective
sketches will be selected by RRM to best represent the design variations.
Deliverable Products:
• Conceptual Streetscape Design Plan package with up to two (2) design variations for typical intersection
treatments and street section views
Task 3.5: Concept Plan Refinement and Cost Estimates
With refinement ideas in hand from the BVAC Meeting 013, and design direction from City staff, RRM will prepare the
refined Streetscape Concept Design Plans. The plans will "polish" the rough concepts and ideas developed in Task
3.4. RRM will explore the most creative design solutions to ensure the streetscape design is innovative, sound, and
incorporates the uniqueness of Balboa Village. Refined concepts will be communicated through plan graphics, street
elevations, and two (2) perspective character sketches to clearly illustrate the streetscape design from a pedestrian's
point of view. Street furnishings, street trees, shrubs, and other streetscape improvement elements will also be included
in the exhibits.
Deliverable Products:
• Refined Conceptual Streetscape Design Plan package and cost estimates
Task 3.6: final Concept Plans and Cost Estimate
RRM will prepare the Final Streetscape Concept Plans, along with cost estimate refinements, in preparation for
presentation to the BVAC. RRM will prepare the final master plan graphic, which will finalize the sketches prepared in
Task 3.5 for inclusion in the Master Plan Report. RRM will also coordinate with wayfinding design consultant to include
the proposed gateway sign, public parking signs, and other elements of the sign program into the streetscape master
plan elements.
Deliverable Products:
• One (1) color Final Master Plan graphic, up to four (4) final sketches, cost estimates
Task 3.7: Phasing Plan
RRM will prepare the project phasing plan using the final design elements and cost estimates. The phased projects will
be outlined to best prioritize Capital Improvement projects and applicable grant -funding programs for multi -modal
transportation, healthy communities, and urban runoff -related categories.
Deliverable Products:
• One (1) phasing and implementation plan exhibit and memorandum
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & wayfinding Signage Program 17
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Task 4: WAYFINDING
Task 4.1: Planning and Research
Graphic Solutions will review maps, master plans, landscape and grading plans, and related materials relevant to the
Balboa Village project area. Graphics Solutions will research and review applicable City sign regulations/processing
methods, any existing signage program/criteria, and will research imaging and theming appropriate to the character of
the project.
Deliverable Products:
• Review and gather data as described above
Task 4.2: Concept Design
Graphic Solutions will provide a conceptual plan identifying proposed sign types, sizes and locations and develop concept
designs reflecting recommended treatments for the following elements:
• Directionals (parking and vehicular and pedestrian -oriented)
• Directories
• Overhead Entry Sign spanning Balboa Boulevard
Concepts will be typical only for purposes of establishing a comprehensive program of design solutions appropriate
to the project. Solutions are to include indications for sizes, materials, colors, lighting and 'schematic' sign locations.
Following the second BVAC meeting, Graphic Solutions will make on round of revisions to the concept designs. Budgetary
estimates for treated elements will also be included. Prior to the forth meeting with the BVAC, Graphic Solutions will
forward final concepts, which will be consistent with and reinforce the character of Balboa Village.
Deliverable Products:
• one (1) color Wayfinding Concept Design Package and one (1) set of revisions graphic
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RRM Design Group Page B-1
Cost/Fee Proposal
BALBOA VILLAGE DESIGN GUIDELINES, STREETSCAPE
IMPROVEMENT PLAN, WAYFINDING SIGNAGE PROGRAM
Fee Schedule
May 5, 2014
rtncrgimJ .,,I t ran,cer" I c—', G evairce I Cro nSuppor, ( 'reld:ng antl
fl s P IN nmger 41 ',anege
t.4 1 Kickoff Meeting and Site TourFuetlis 4/at 1, 11 sl,uau. o Ptmv iu ai,ave a
tf BVAC Meeting Nal Wicuing, Issue itlontloution. and Visual Fixed b 1,701 t2 91.98,4 8.. $1.018 12,. 81,620 24 $2.040 $1.045
1.4 JBVAC Meeting Ne.4- Final Concepts Fixed b 3,946 12 St,900 8 $1.018 21 $270 el $680 $D
0.1 OPtbnal Hearing Attendance Feed $1,980 0 .$01 101 sixt, 1 a -. $680 80
Task A Value: $ 28,440
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$
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2
$330
01
50
12
81,820
0
$D
30
2.3
Fepade lmpmvamenl Sketches
Fixed
$
6,055
3
$405
0
SD
16
S2.160
tip
33.400
$0
2,4
Administrative Draft Design Mature Document
Fried
$
171040
12
31,980
0�
$0
36
E4860
120
$10,200
$0
2.5
Screencheck Oran for BVAC Retire,
Fixed
$
2,430
2
$330 I
0
$0
al
$1.080
12
51020
so
2.6
Public Draft lactating BVAC mco,amendralwof
Fixed
$
2,430
2
$330 I
Il
$0
8
51,080
12
$1.0e
$0
2.7
Final Draft
Faced
$
950
0'
$01
rit
30
2
$2>0
8i
$080
so
Task 6 Value: $ 33,015
3.1 Data Collection
Existing candidates
Fix6d
b
2.376
0
$0
8%.
$1,016
0
$0
1R':
IOAD
80
3.2 Document Review l Opportunllies and Constraints
Fixed
S
6,440
0
$0
24.
$3,0413
0
50
40.
$3,400
$
3.3 Peru. Works antl City Ideal enanca Meetings
3.3
Fund
It
1.698
D
30
21
$'!0
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$686
$D
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3.4 ConceP1ua15freetacaPe Plans
Fixed
3
23,404
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$860
J2'..
$0.144
0
$0
1601
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SO
3.5 Concept Plan RaOnsment and Coed Estimates
Feed
$
17,450
4
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$8,128
0'
80
1021
$8,670
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3.6 Final Concept Pian and Coal ESFlmafte
Flied
$
12,184
81
$13:0
32
34,064
0.
s0
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$6.800
SD
3.7 Pocking Plan
Fixed
$
7,000
0.
S01
40
$5080
0,
30
32
S2,T2D
80
Task C Value: $ 71,366
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Fee Footnotes: Fixed fee tasks will be billed as the work progresses until the
task is completed and the total amount stated in the contract for the task is
invoiced.
Reimbursable Expenses
Incidental expenses incurred by FIRM Design Group or any subcwnsultant it may
hire to perform services for this project are reimbursed by the client at actual
cost plus 10% to cover its overhead and administrative expenses,
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
RRM Design Group Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective 'Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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
RRM Design Group Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
RRM Design Group Page C-3
CITY OF
NEWPORT BEACH
City Council Staff Report
June 10, 2014
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director— (949) 644-3226,
kbrandt@newportbeachca.gov
PREPARED BY: Brenda Wisneski, AICP, Deputy Community Development Director
PHONE: 949-644-3297
TITLE: Professional Services Agreement with RRM Design for Balboa Village Design
Guidelines, Street Improvement Plans and Wayfinding Sign Program
ABSTRACT:
The Balboa Village Master Plan recommends updating the Balboa Village Design Guidelines,
refreshing the streetscape and improving wayfinding signage for better access to public
parking. To assist in this effort, the City Council allocated funds for outside consulting
services. Following a solicitation process, RRM Design was selected as offering the
experience needed to successfully complete the integrated projects.
RECOMMENDATION:
Approve a Professional Services Agreement with RRM Design to update the Balboa Village Design
Guidelines, create a conceptual streetscape improvement plan, and develop a wayfinding sign
program for a not -to -exceed fee of $149,751.00, and authorize the Mayor and City Clerk to execute the
Agreement.
FUNDING REQUIREMENTS:
The City Council previously authorized a budget amendment (Budget Amendment No. 14BA-
032) in anticipation of retaining consultant support services for this purpose. No additional
funding is required.
DISCUSSION:
In 2011, the City Council identified Balboa Village as a focused revitalization area. With the
guidance of a citizen advisory panel, the Balboa Village Master Plan (Master Plan) was
adopted in September 2012. The programs within the Master Plan have the potential to
significantly change the appearance of the Village by eliminating parking requirements for new
uses and development, offering incentives for fapade improvements, and implementing street
improvements and a sign wayfinding program.
The following is a general description of the project components. Each task will be
implemented with guidance from the Balboa Village Advisory Committee.
Update Balboa Village Design Guidelines
The Balboa Village Design Guidelines were adopted in 2002 and have not been amended.
Incentives are anticipated which will spearhead changes to the area, including new
development and renovations. An update to the Guidelines is needed to address architectural
styles and pedestrian experiences in a manner which will preserve and enhance the Village's
character and scale.
Streetscape Improvement Plan
The streetscape and public rights-of-way in Balboa Village are generally in good condition, but
there is room for improvement. Since 2000, the City has invested over $12 million in the area,
including new decorative sidewalks, street trees, and planters. The Master Plan recognized
the need to take into account the public improvements already made in the area, but includes
direction for an enhanced landscape/streetscape design plan which will become an
overarching theme for the area.
Wayfinding Sign Program
The Parking Management Program recommended developing a coordinated wayfinding
program in the public rights-of-way to better orient visitors, shoppers, and residents alike, and
to provide direction to parking facilities, retail establishments, pedestrian and bicycle access
routes, and other important destinations. One of the first tasks will be to design an entry sign
envisioned to extend over Balboa Boulevard.
The RRM Design Group proposal demonstrated that they are uniquly qualified to perform each
project component. They are a multi -disciplinary design firm with over 40 years of experience
which has included the preparation of dozens of design guidelines, streetscape improvement
plans, community gateway and wayfinding sign programs, each tailored for unique settings like
Balboa Village. The project is anticipated to be completed by October 2014.
ENVIRONMENTAL REVIEW:
This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
The Design Guidelines will not result in any direct change to the environment. The streetscape
and wayfinding plans to be developed as a result of this effort are conceptual. Subsequent
evironmental review will be conducted at approval and funding of a project design.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
100
ATTACHMENTS:
Description
Attachment A - Professional Services Agreement with RRM Design Group
101
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH RRM DESIGN GROUP FOR
BALBOA VILLAGE INTEGRATED IMPROVEMENT PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 11th day of June, 2014 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and RRM DESIGN GROUP, a California corporation ("Consultant'), whose
address is 3765 South Higuera St., Ste 102, San Luis Obispo, CA 93401, 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 desires to engage Consultant to update the Balboa Village Guidelines,
Streetscape Improvement Plan and Wayfinding Signage Program ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on December 31, 2014, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
102
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Forty Nine Thousand Seven Hundred Fifty One Dollars and 00/100 ($149,751.00),
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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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 includedwithin the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 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 Jami Williams 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Deputy Community Development Director or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California..
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant represents
that the Work conforms to the requirements of this Agreement, all applicable federal,
state and local laws, and the professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
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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 co -tenancy, 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 subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing.in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 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.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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 expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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. City shall notify Consultant in writing
immediately of said disputed sums. With written notification 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 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
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requiressuch 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.
24.2 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
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Brenda Wisneski, Deputy Community Development Director
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jami Williams, Principal
RRM Design Group
3765 South Higuera St., Ste. 102
San Luis Obispo, CA 93401
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.),
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQ,RNEY'S OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date:
91
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Rush N. Hill, II
Mayor
CONSULTANT: RRM Design Group, a
California corporation
Date:
By:
Jami Williams
Principal
Date:
Bv:
Erik Justesen
CEO & President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
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COMMUNITY I CIVIC & PUBLIC SAFETY I RECREATION I URBAN
114
PROPOSED WI PLAN
Task 1; OUTREACH (AC meetings are on the second Wednesday of the month)
Task 1.1: Kickoff Meeting and Site Tour
The consultant team will prepare for and conduct an initial kick-off meeting with City staff. This task will Include the
following:
• Obtain client -supplied maps, documents, and related information
• Review of projectobjectives,.scope of work, and project timeline
• Identification of key project contacts and information exchange
• Identification of potential stakeholder interviewees
• Discussion of general problems, hot spots, and issues to be focused on during the project
• Identification of optimal working relationship, in terms of receipt and review of materials, turnaround times, etc.
• Discussion of public outreach strategy
• Discussion of document and product format, organization, and graphic quality presentation
• Tour of Balboa Village with staff
Deliverable Products.-
Pre-Meeting
roducts:Pre-meeting list of data needs
• Prepare for and attend kick-off meeting
Task 1.2; BVAC Meeting No. 1 _ Visioning, Issue Identification, and Visual Preference Survey (June)
RRM and Graphic Solutions will engage the Balboa Village Advisory Committee (BVAC) in a collaborative and interactive
working session. The purpose of the meeting will be to solicit input from the Committee related to the goals of the
project, the vision forthe future of Balboa Village, identifying the character -defining elements and architectural styles
within Balboa Village, and discussing streetscape and wayfinding ideas, This meeting will likely be structured in two parts.
In the first portion of the meeting, BVAC participants will be guided through the background, objectives, and timeline
of the planning effort. The second portion of the meeting will be devoted to a visual' preference survey, wherein RRM
will display contrasting images; participants will be asked to state which images they prefer using interactive computer
software.
Deliverable Products:
• Prepare meeting agenda, materials, and facilitate the meeting
• City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
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Task 1:3: BVAC Meeting No. 2—Concepts (July)
RRIVI will facilitate a second meeting with the BVAC to present and gather feedback on preliminary streetscape and
wayfinding design concepts. Participants will be asked to provide close grained feedback on initial concepts and
alternatives. A draft of the Design Guidelines document will be provided in advance of the meeting for BVAC review and
comment.
Deliverable Products:
• Prepare meeting agenda, materials, and facilitate the meeting
• City staff will be responsible for meeting logistics, notificat on, microphones, refreshments, and advertisement
Task IIA: BVAC Meeting No. 3 — Concept Refinement (August)
RRM will facilitate a third meeting with the BVAC to present and gather feedback on the refined streetscape and
wayfinding design concepts, Participants will be asked to provide close -grained feedback on initial concepts and
alternatives. An update on the Design Guidelines will also be provided at this meeting.
Deliverable Products.
• Prepare meeting agenda, materials, and facilitate the meeting
• City staff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
Task 1.5: BVAC Meeting No. G — Final Concepts (September)
RRM will facilitate a final meeting with the BVAC to present final streetscape and wayfinding design concepts and the
Design Guidelines document.
Deliverable Products:
• Prepare meeting agenda, materials, and facilitate the. meeting
• Citystaff will be responsible for meeting logistics, notification, microphones, refreshments, and advertisement
Task 0.1: Optional Hearing Attendance
Afterthe preparation of the Public Draft of the Design Guidelines, RRM is available to attend and presentto the Planning
Commission and/or City Council as needed., The purpose of this hearing is to review the key elements of the Design
.Review Guidelines and to get feedback.
Deliverable Products:
• RRM will prepare for and present at one (1).Planning Commission or City Council Nearing
• City stoffwill be responsible for meeting notification and logistics
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Proposal - Methodology
Task 2: DESIGN GUIDELINES
The City of Newport Beach has requested RRM to revise the existing Balboa Village Design Guidelines that were adopted
in 2002. The City has indicated that the revision will focus on the following three components to be expanded on or
updated:
1. Focus on the Building Character and definition of Architectural Style section. Provide additional detail on which
architectural styles are appropriate and meaningful for Balboa Village.
2. Update the graphic formatting and overall look of the Design Guidelines document.
3. Expand on the graphics and provide additional suggestions for the Facade Improvement section that can be
implemented for existing buildings. Provide new "Before -and -After" case studies that will provide guidance for
building remodels.
The existing Balboa Village Design Guidelines are over 10 years old and need to be updated to address current issues
and maximize the potential to upgrade building exteriors. The revised design guidelines will provide the necessary
guidance and vision to continue improving the Village image over the next decade. The guidelines will strive to instill and
strengthen the unique character and attributes that give Balboa Village a great sense of place.
Task 2.1: Conduct Background Research
As a first step in the process, RRM will review all data that is relevant to the area (to be provided by the City), including
mapping information, General Plan policies, Zoning Code, development standards, existing Design Guidelines, ULI TAP
Report, parking analysis, and other planning efforts that have a bearing in the Village. The primary effort here is to
harness the wealth of existing data that can be used in the process of updating the existing document.
Deliverable Products:
• Review and gather data as described above
Task 2.2: Redline Existing Design Guidelines
Following the review of existing data, the project team will review the existing Design Guidelines, providing feedback in
the form of highlights, strikethrough, and other hand written comments. The purpose of this task is to clearly identify
with staff what elements of the existing Design Guidelines are still valid and which need the most editing or updating.
This will also provide an opportunity to discuss document format, organization, and graphic quality presentation.
Deliverable Products:
• One (1) scanned copy of the Existing Design Guidelines with RRM's comments/edits
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & Wayfinding Signage Program 13
117
° •!•' �b Iiifif'.
Task 2.3: Fa&ade Improvement Sketches
RRM will work with City staff to select four case study examples of Fagade Improvements. Two will focus on cosmetic
Improvements with little structural ramifications (simple improvements that are low cost, but high impact). The other
two fagade improvement case studies will focus an a more significant remodel with potential increased uses orsquare
footage, structural changes, and a higher level investment on the building owner. The case studies are intended to inform
and provide design examples that illustrate concepts contained within the Design Guidelines.
Deliverable Products:
• Four (4) Case Study Facade Improvement elevations or sketches to be incorporated into the Design Guidelines
Task 2.4: Administrative Draft Design Guidelines Document
Based on input from previous tasks, RRM will prepare the Design Guidelines, which will contain pictorial and verbal
descriptions of Character, Framework, Design Principles, and. Building Design Guidelines. It is intended to be used as a
tool by developers; designers, architects, and design review personnel to achieve high-quality architectural and urban
design that is compatible with and complementary to the existing Balboa Village development. The document will
Include guidelines;,graphics, maps, before -and -after exhibits; and good/bad examples depicted with photographs to
satisfy the following objectives:
1. Clearly describe, in a print format with graphics and text, Balboa Village's policies and expectations for building and
site design. It is assumed that RRM will build upon the existing policies and guidelines. Anticipated sections of the
Design Guidelines include: Introduction, Character, Framework, Design Principles, Site Design, Building Design, and
specifics on Fagade Renovation Concepts.
2. Provide innovative design approaches for Fagade Improvement Concepts to existing building stock within Balboa
Village to guide future development and avoid design problems (see Task 2.3 above).
3. Focus on Architectural Character and Style, with specific examples and drawings delineating what Is appropriate for
Balboa Village, such as massing, roof design, doors and window details, ornamentation, lighting, and color and finish
details.
4. Result in a graphic -intensive document, utilizing photos, supplemented with hand -drawn sketches and illustrations.
The Design Guidelines will include recommendations of character, scale; color, and architectural elements to bring
cohesiveness to the community in a way that leaves room for individual design expression within certain parameters.
Deliverable Products:
• The RRM team will assemble the Design Guidelines Administrative Draft and produce one (1) electronic copy
• This draft is for in-house administrative review only and will be refined in the Screencheck Draft
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Proposal - Methodology
Task 2.5: Screencheck Draft for BVAC Review
Following RRM's submittal of the Administrative Draft, City staff will be asked to provide comments in one consolidated
set of redlined comments. RRM will then produce a Screencheck Draft of the Design Guidelines for final staff review and
comment prior to presenting the document to the BVAC.
Deliverable Products:
City will provide one (1) consolidated marked -up, redline version of oil Administrative Draft comments and RRM
will make such revisions
• RRM will provide one (1) electronic copy of the Screencheck Draft Design Guidelines
Task 2.6: Public Draft (Including BVAC Recommendations)
Based on review and comments provided by BVAC, as well as discussions with staff, RRM will revise the text and graphics
of the document and prepare the Public draft of the documents.
Deliverable Products:
• Revise Design Guidelines and deliver one (1) electronic version of the document
Task 2.7: Final Draft
Following the feedback received from the public and the BVAC on the Public Draft, RRM will make the final edits and
modifications to the document. It is assumed that one set of revisions will be made to the document, incorporating both
the public, BVAC, and Planning Commission's input.
Deliverable Products:
• Make final edits and produce one (1) electronic format on CD
Task 3: STREETSCAPE MASTER PLANS
RRM will develop a Conceptual Streetscape Design Plan for Edgewater Place, Bay Avenue, and East Balboa Boulevard,
between Adams Street and "A" Street; and for Adams, Palm, Washington, Main and "A" Streets, between Edgewater
Place and Newport Balboa Bike Trail. Streetscapes and public spaces must successfully blend function (streets must
convey traffic) and decorative amenities for accommodation of pedestrians. Concepts may include recommendations for
the following Balboa Village amenities:
• Sidewalks and waterfront boardwalk that accommodate large groups
• Upgraded Ferry Boat landing to recognize this gateway and create a sense of arrival
• Comfortable seating and nooks for sitting and people watching
• Cohesive sidewalk and street paving themes and landscaping, for enhancing identity and softening street edges
for pedestrians
• Decorative street walls and lighting to update and further distinguish the area
• Bike parking/corrals
• Identification of places to integrate public art
• Planting material and shade trees that do not inhibit pedestrian movement
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & Wayfinding Signage Program 15
119
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Task 3.1: Data Collection/ Existing Conditions
RRM will review all data that is relevant to the area (to be provided by the City), including mapping information, existing
Design Guidelines, ULI TAP Report, parking analysis, previous engineering studies, historic maps and drawings, OC County
data, traffic studies for streets In the Project Area, as -built drawings, underground and/or overhead public utility maps,
standard City details and specifications, previous concept design exhibits for adjacent streets, etc. Our design team will
review this data for completeness and may request additional information from the City, as necessary, to assist in the
project area's opportunities. and constraints exhibit. This data will be useful in identifying the physical, jurisdictional,
and land use constraints of the streetscape sites, and will play a critical role in assessing all aspects of the streetscape's
design.
Deliverable Products:
• Review and gather data as described above
Task 3.2: Document Review/Opportunities and Constraints
RRM will assess the area'sphysical features within Balboa Village to form the basis of an Opportunities and Constraints
Map, and we will provide a written assessment of certain items that do not lend themselves to mapping symbols.
Deliverable Products:
Opportunities and Constraints Exhibit
Task 3.3: Public Works and City Maintenance Meetings
RRM will meet and confer with the City Public Works and Maintenance representatives to address key issues relevant to
the planning process., We anticipate meetings to be held during the opportunities and constraints plan development. The
meetings are anticipated to be conducted on.the same day, back-to-back or combined, to ensure the input from the staff
participants will yield collaborative solutions. Input gathered will be incorporated into the opportunities and constraints
plan and conceptual streetscape and multi -modal plan, outlined in Task 3.4. It may be helpful to also include police and
fire department representatives to gain their insight and incorporate design solutions, which support their needs.
Deliverable Products:
• Prepare for and attend one (1) meeting with Public Works and one (I) meeting with Maintenance
Task 3.4: Conceptual Streetscape Plans
RRM will develop Conceptual Streetscape Design Plans for Edgewater Place, Bay Avenue, and East Balboa Boulevard,
between Adams Street and "A" Street; and Adams, Palm, Washington, Main and "A" Streets, between Edgewater Place
and Newport Balboa Bike Trail. Concepts will promote a unique identity for Balboa Village, blending historic elements
and adjacentstreet improvements. The plans will clearly locate and illustrate such things as sidewalk uniformity, seating
areas, bike facilities, parking and lane configuration concepts, landscaping, street trees, traffic calming measures, and
pedestrian crossing enhancement opportunities.
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120
Proposal - Methodology
The layout will be communicated through plan graphics, along with a loose perspective character sketch for each concept
option to help communicate the "feel" of the overall street experience. The vantage points of each of the perspective.
sketches will be selected by RRM to best represent the design variations.
Deliverable Products:
• Conceptual Streetscape Design Plan package with up to two (2) design variations for typical intersection
treatments and street section views
Task 3.5: Concept Plan Refinement and Cost Estimates
With refinement ideas in hand from the BVAC Meeting ff3, and design direction from City staff, RRM will prepare the
refined Streetscape Concept Design Plans. The plans will "polish" the rough concepts and ideas developed in Task
3.4. RRM will explore the most creative design solutions to ensure the streetscape design is innovative, sound, and
Incorporates the uniqueness of Balboa Village. Refined concepts will be communicated through plan graphics, street
elevations, and two (2) perspective character sketches to clearly illustrate the streetscape design from a pedestrian's
point of view. Street furnishings, street trees, shrubs, and other streetscape improvement elements will also be included
in the exhibits.
Deliverable Products:
• Refined Conceptual5treetscape Design Plan package and cost estimates
Task 3.6: Final Concept Plans and Cost Estimate
RRM will prepare the Final Streetscape Concept Plans, along with cost estimate refinements, in preparation for
presentation to the BVAC. RRM will prepare the final master plan graphic, which will finalize the sketches prepared in
Task 3.5 for inclusion in the Master Plan Report. RRM will also coordinate with wayfinding design consultant to include
the proposed gateway sign, public parking signs, and other elements of the sign program into the streetscape master
plan elements.
Deliverable Products:
• One (1) color Final Master Plan graphic, up to four (4) final sketches, cost estimates
Task 3.7: Phasing Plan
RRM will prepare the project phasing plan using the final design elements and cost estimates. The phased projects will
be outlined to best prioritize Capital Improvement projects and applicable grant -funding programs for multi -modal
transportation, healthy communities, and urban runoff -related categories.
Deliverable Products:
• One (1) phasing and implementation plan exhibit and memorandum
City of Newport Beach I Balboa Village Design Guidelines, Streetscape Improvement Plan & Wayfinding Signage Program 17
121
Task 4: WAYPINDING
Task 4.1: Planning and Research
Graphic Solutions will review maps, master plans, landscape and grading plans, and related materials relevant to the
Balboa Village project area. Graphics Solutions will research and review applicable City sign regulations/processing
methods, any existing signage program/criteria, and will research imaging and theming appropriate to the character of
the project.
Deliverable Products:
• .Review and gather data as described above
Task 4.2: Concept Design
Graphic Solutions will provide a conceptual plan identifying proposed sign types, sizes and locations and develop concept
designs reflecting recommended treatments for the following elements:
• Directionals (parking and vehicular and pedestrian -oriented)
• Directories
a Overhead Entry Sign spanning Balboa Boulevard
Concepts will be typical only for purposes of establishing a comprehensive program of design solutions appropriate
to the project. Solutions are to include indications for sizes, materials, colors, lighting and 'schematic sign locations.
Following the second BVAC meeting, Graphic Solutions will make on round of revisions to the concept designs. Budgetary
estimates for treated elements will also be included. Prior to the forth meeting with the BVAC, Graphic Solutions will
forward final concepts, which will be consistent with and reinforce the character of Balboa Village.
Deliverable Products:
• One (1) color Wayfi'nding Concept Design Package and one (1) set of revisions graphic
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122
EXHIBIT B
SCHEDULE OF BILLING RATES
RRM Design Group Page B-1
123
Cost/Fee Proposal
BALBOA VILLAGE DESIGN GUIDELINES, STREETSCAPE
IMPROVEMENT PLAN, WAYFINDING SIGNAGE PROGRAM
Fee Schedule
May 5, 2014
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TaskAValue: $ 26,440
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2.1 Conduct Background Research
TYPE
I Fixatl
$
2,160
07,7$2i�-7
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2
24
$3,040
12
$1,020
0
$0
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$
0,055
3O
0
$1,018
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$2.160
d0
E3,400
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Adminletrallve Draft Design Guidelines Document
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$
1],040
120
$660
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$9,144
36
64,860
120
510,200
$02.5
Screencheok pass for DVAC Revlsw
fixed
$
2,430
2
$660
64
$6,126
a
$1.080
12
$1,020
$02.6
Publlo Draft (Including BVAC rOconnnentlalloru)
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2,430
2
$1,320
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$4,064
8
51,080
12
$1,020
$02.]
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$
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0
$0
40
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$2]D
8
$680
30
TaskBValue: $ 33,015
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$
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$
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Public Works and Oily Maintenance Meanings
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0
$1,018
0
$o
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Conceptual Siraeucape Plans
Fixatl'
$
23,404
4
$660
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$9,144
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Concept Plan ReMement and Cost EONnales
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$
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$660
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102
$6,Wp3.6
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$
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$1,320
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Phasing Plan
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$
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Fee Footnotes: Fixed fee tasks will be billed as the work progresses until (he
task is completed and the total amount stated in the contract for the task is
invoiced
Reimbursable Expenses
Incidental expenses Incurred by RRM Design Group or any subconsultant it may
hire to perform services for this project are reimbursed by the client at actual
cost plus 10% to cover its overhead and administrative expenses.
124
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
RRM Design Group Page C-1
125
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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
RRM Design Group Page C-2
126
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
RRM Design Group Page C-3
127