HomeMy WebLinkAbout18 - 04BA-075 - C-3633 - Newport Village Park DesignCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
June 22, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: NEWPORT VILLAGE PARK DESIGN, CONTRACT NO. 3633 —
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HALL
& FOREMAN, INC.
RECOMMENDATIONS
1. Approve a budget amendment in the amount of $8,950 from the Unappropriated
General Fund balance, 010 -3605, to Newport Village Park Design, 7015 -
C4120656.
2. Approve a Professional Services Agreement with Hall & Foreman, Inc., of Irvine,
California, for planning and design services at a contract price of $128,950 and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION
Based on a concept plan prepared by Stop Polluting our Newport (SPON), a project is
proposed to create a parking area and passive recreation area, along with a restored
riparian- habitat area, in the parcel behind the Central Library bounded by Avocado
Avenue, San Miguel Drive and MacArthur Boulevard. The parking lot would be
excavated to accommodate at least 80 vehicles to serve the library and the passive
recreation area. Access would be taken from Avocado Avenue. The passive
recreation area of the park will consist of walkways, lighting, miscellaneous structures
(benches, trellis pergola, turf amphitheater, seat walls and signage), landscaping and
lawn. The riparian- habitat restoration area of the park will protect the existing native
plants and streambeds, modify existing drainage facilities to blend into the natural
environment, plant additional California native plants and construct walkways. The
plant palate will be biased in favor of coastal sage revegetation, native grassland and
wildflower groundcover, and other native plant species.
Under this contract, construction drawings will be taken to the 65% complete stage.
The drawings will look complete and can be used as an exhibit for soliciting grant
funding. Depending on the availability of funds, the three parts of the project may be
constructed as separate projects.
Five consulting firms were invited to submit proposals to provide planning and design
services. Only Hall and Foreman responded to the City's request for proposals. The
proposal was reviewed to evaluate the firm's qualifications and approach to this project.
SUBJECT: Newport Village Park Conceptual Design — Approval of Professional Services Agreement with Hall & Foreman
June 22, 2004
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Staff was impressed with the proposal and negotiated with Hall and Foreman to provide
the necessary scope of services for a fee of $128,950. Hall and Foreman has
completed planning and design services competently and professionally on similar
projects for other- local agencies in Southern California. Hall and Forman's professional
services will include:
1. Performing a topographic survey.
2. Preparing a biological assessment focusing on the potential for continued
occurrence of special status species (California gnatcatcher, raptors and
sensitive plant species, including Coulter's saltbrush and vernal barley) noted in
the 1998 biological surveys conducted by Robert Hamilton.
3. Performing subsurface investigation and laboratory testing.
4. Performing a percolation test to provide input for the proposed parking lot to
serve as a storm water runoff water quality best management practice.
5. Preparing an agency jurisdictional delineation of the site.
6. Developing two parking lot alternatives.
7. Developing a park site design based on the concept plans prepared for The
Irvine Company by EPT and SPON.
8. Preparing design drawings to the '65 percent' complete level with cost estimate.
Final construction documents, permits and environmental approvals are not a part of this
contract.
Funding Availability:
The FY 03 -04 budget allotted $120,000.00 for this project. Upon approval of the
recommended Budget Amendment for $8,950.00, funding for this project will be
available in the following account:
Account Description Account Number Amount
General Fund 7015- C4120656 $128,950.00
Environmental Review:
Under this contract, Hall and Foreman will perform a jurisdictional delineation to
determine if development of the Newport Village Park will fall under the jurisdiction of
the US Army Corps of Engineers, California Department of Fish and Game or the
Regional Water Quality Control Board. Preparing the environmental clearance
documents are not a part of this contract. If this project proceeds to final design under
a separate contract, the environmental review and permit processing with the
jurisdictional agencies will be included in the consultant's scope of work.
Prepared by:
Robert Stein, P. E.
Principal Civil Engineer
Attachment: Professional Services Agreement
Budget Amendment
Submitted by:
Stephen G. B6ddK
Public Works Director
PROFESSIONAL SERVICES AGREEMENT
WITH HALL AND FOREMAN, INC.
FOR NEWPORT VILLAGE PARK DESIGN
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and HALL & FORMAN, INC., whose address is 420 Exchange, Suite 100,
Irvine, California, 92602 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to design the proposed Newport Village Park.
C. City desires to engage Consultant to design a 12 -acre, passive use park site and a
parking lot that will serve both the proposed park and the existing library.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be D. Todd
Schmieder, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 st day of December, 2006 unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Twenty -eight Thousand, Eight Hundred Fifty and 00/100
($128,950.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Todd Schmieder 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. it
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Bill
Patapoff shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
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promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. mature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
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ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
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percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise
required by law. Except as specifically authorized herein, the services to be
provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
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18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
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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.
2.3. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such.
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
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harmless City for any and all claims for damages resulting from Consultants
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Bob Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: D. Todd Schmieder, P.E.
Hall & Forman, Inc.
420 Exchange, Suite 100
Irvine, CA 92602
Phone: 949 - 665 -4500
Fax: 949 - 665 -4501
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
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performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
iBi
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney,
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
BE
Mayor
for the City of Newport Beach
HALL $ FORMAN, INC.:
22
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:\ users \pbw\shared\agreements \fy 03 -04 \hall- foreman - newport village design.doc
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11 17M 1
Engineering • Surveying • Planning • Landscape Architecture
EXHIBIT "A"
June 7, 2004
Mr. Bill Patapoff
City Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Subject: Proposal to Provide Engineering Consultant Services for the
City of Newport Beach Village Park
Dear Mr. Patapoff:
04319 -000
Hall & Foreman, Inc. (HFI) is pleased to submit our proposal to the City of Newport Beach to
provide engineering consultant services for the City of Newport Beach Village Park project
located behind the Central Library on Avocado Avenue. Selecting the Hall & Foreman, Inc.
(HFI) team enables the City to rely on an experienced, full - service project team that has an
extensive background in park landscape design, and parking lot design.
This proposal eliminates the "Optional Services" defined as Phase 2 -b (Final Design Services)
and Phase 3 (Environmental Services) from the Scope of Services per the discussion with Bob
Stein in your office. The items discussed with the City on May 18, 2004 and separates final
design into two phases (Phase 2 -a and Phase 2 -b). The Phase 2 -b Final Design Services and the
environmental process (including the resource agency permitting process) are identified as
"Optional Services" and maybe deferred by the City from the initial authorization for HFI 's
consultant services.
The design components included in Phase 1 and Phase 2 -a are described in detail in the Scope of
Services attached hereto. HFI's Project Assumptions and Scope of Services and Fee Proposal
have also been included in the attached Scope of Services. Also attached hereto are the Schedule
of Hourly Billing Rates used to prepare our proposal and a Labor / Fee Matrix used to develop
our fee proposal for this project.
As previously discussed with the City, Mr. D. Todd Schnieder, P.E. (Project Director) will be
responsible for HFI's services provided to the City and will oversee HFI's civil engineering
design and subconsultants' efforts for this project. Mr. Jess Harris will serve as the project's
Landscape Senior Project Director and will be responsible for finalizing the park aesthetic
concepts and oversee the preparation of the landscape improvement plans.
Irvine
Rancho Cucamonga
Chatewotlh
Temecula
420 Exchange, Suite 100
9130 Anaheim Place. Sure 120
9310 Topanga Canyon Blvd., Suite =DA
43513 Ridge Pak Drive
Irvine, CA 92602.1301
Rancho Cucamonga, CA 91730.5465
Chatsworth. CA 91311.5726
Temecula. DA 92590 -3690
Tel 714.665.4500
Tel 909.486.9090
Tel 61e.407.9407
Tel 909.676.6726
Fax 714.665.4501
Fax 909.684:9086
Fax 816.407.9400
Fax 909.699.0896
Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 2 of 15
HFI's subconsultants, Michael Brandman Associates (MBA) will provide the Biological
Assessment and Jurisdictional Delineation Report for the park site and the geotechnical firm of
Diaz - Yourman & Associates (DYA) will prepare the site's geotechnical investigation report if
existing site information (developed for the library construction) is not available. As part of
HFI's field surveying services (Phase IA), one -foot contour base aerial mapping will be
provided by Arrowhead Mapping Services.
HFI has reviewed the City of Newport Beach's Professional Services Agreement (PSA) and has
agreed to the intent of the contract. However, we request that Section 4.4 [Optional Provision] be
excluded from our agreement due to the potential phasing of our consultant services to the City.
It is assume that the schedule for this project is subject to change as the aesthetic review process
for the park unfolds. However, prior to starting the 65% Design Services the project's schedule
will be revised with the City. Attached hereto is an updated project schedule (per the City's
request), which has been developed based on HFI's original project schedule. It is HFI's
intention is to be a proactive extension of City of Newport Beach staff and act as the City's
advisor and advocate while working in the City and community's best interest while the park
design is prepared.
HFI is proposing to provide the engineering consultant services as described in the attached
Scope of Services for a fix fee of $128,950.
If you have any questions, please do not hesitate to contact me directly at 714 - 665 -4541.
Sincerely,
Hall & Foreman, Inc.
D. Todd Schmieder, P.E.
Project Director /Associate
cc: Jon Bourgeois, Jess Harris — HFI
S \043191Admin \Contracts\Rer Proposal \'3 \NBVP Revised Proposal 6- 7- 04.doc
Mr. Bill Patapoff
City of Newport Beach
May 27. 2004
Page 3 of 15
SCOPE OF SERVICES
for the
City of Newport Beach Village Park
INTRODUCTION
The proposed Newport Village Park offers the City of Newport Beach a unique opportunity to
create an exciting park design in a captivating location. Few cities have such park opportunities
with ocean vistas, a riparian corridor, interesting topography, adjacent to a public library, and
located in a highly visible and accessible location. Because of these components, the Newport
Village Park will be an important statement for the City. Hall &- Foreman, Inc. 's (HFI's) goal is
to work together with the City staff, City officials and community as a whole to develop
solutions that create a memorable and timeless park design, one that takes advantage of the
unique features and opportunities of the site.
PROJECT UNDERSTANDING
HFI's proposal for the Newport Village Park is based on the understanding of the site constraints
and opportunities for providing the City with a 12 -acre, passive use park site and a 100 to 120
space parking lot that will serve both the proposed park and existing library. Early concept plans
for the park show a meandering trail system, a lawn/grass area, restored habitat areas and a
proposed amphitheater. The existing slope between the library and proposed park area will create
significant design constraints for providing ADA access from the park and library depending on
the final parking lot location.
The proposed park site is cimently graded into four areas with the northern portion divided by
small drainage spines and the southern portion is divided by an existing site high point and
graded slopes. The biological surveys conducted in 1998 by Robert Hamilton indicate that the
Newport Village Park site contains a number of diverse habitat types that may support special
status plant and wildlife species.
The existing library is located at the toe of an approximately twenty -foot tall embankment slope.
Residential properties are located east of MacArthur Boulevard and will overlook the park site
and parking lot. An existing driveway off of Avocado Avenue provides access to the library's
loading dock. This service access will have to be maintained and incorporated into the final
parking lot designed for the project. The City has elected to eliminate a proposed amphitheater
that was included in the early park concept plans.
It is the City's intent to proceed with a phased design process for the proposed park and
eliminate the preliminary design process described in the City's Request for Proposals. The
previous park concept plans will serve as a starting point for HFI's design efforts.
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Mr. Bill Patapoff
City of Newport Beach
May 27. 2004
Page 4 of 15
PROJECT APPROACH
As part of the final design process for the park, the park's parking lot layout and aesthetic
treatments will be established with City staff members. To accomplish this during the design
process HFI is proposing to provide consultant services to the City of Newport Beach in two
phases.
Phase 1 will consist of working with City staff to establish the park's aesthetic treatment
requirements, including identification of materials, plant types, and site features to create a visual
theme for the park. During this park concept development stage, the park's preferred parking lot
layout (based on developing a maximum of two parking lot configuration alternatives, using the
existing access driveway off of Avocado Avenue, for review by City staff) and overlook sitting
area layout will be finalized. Field survey and base mapping will occur during this phase.
During this first phase, the concept of a "Park - within -a- Park "to potentially create private
funding opportunities for the parks construction will be presented to City staff for consideration
and incorporation into the project's final design plans.
At the initiation of our Phase 1 services, environmental biological assessment and jurisdictional
delineation of habitat areas will be completed to determine the area and quality of onsite habitats,
as well as the location of any sensitive plant and wildlife species to be preserved. These activities
will assist the City x.id the project team in the development of the vision for the proposed park's
final site plan and trail layout. The goal of these efforts will be to minimize impacts to sensitive
or high quality habitats to the extent possible, through avoidance or different engineering
practices, while targeting areas not be impacted by passive park activities as well as provide the
greatest public education opportunities.
At the completion of Phase 1; a preferred park site plan would be developed. The park site plan
will need to address various considerations including educational experience, park functionality.
ADA access, budget, and maintenance and incorporate any program requirements (e.g. walkway
surface treatments, parking lot lighting; benches, pergola, seatwalls, signage, landscaping, park-
and informational signage and surface drainage pattems).
At the completion of Phase 1, a conceptual construction cost estimate will be prepared. The
preparation of imagery boards and presentation materials depicting the park's proposed aesthetic
treatments to present the park's aesthetic treatment and final site plan to the city review
committees/ commissions, to City Council and to the community is not included in Phases 1 or 2.
5:104319AdrnWContractsURer Proposal 113U-'13VP Revised Proposal 6- 7- 04.d0c 1: _
Mr. Bill Patapoff
City of NevAport Beach
May 27, 2004
Page 5 of 15
Final Design Services have been separated into to sub - phases (Phase 2 -a, which is included as
part of our services to the City, and Phase 2 -b, which are services not included in this proposal).
Phase 2 -a design services includes the preparation of "65 Percent" plans. The design services to
complete the final design plans and prepare the construction bid documents for the proposed park
are consider to be Phase 2 -b Final Design Services and have not been included in our fee
proposal.
The Phase 2 -a 65% Design Services accommodates some minor corrections to the design plans,
but does not include significant revisions to the hardscape features and park layout, parking lot
configuration; retaining wall layout, lighting systems, park landscaping; and design details for
construction materials and plant types. HFI will provide preliminary construction cost estimates
as part of our Phase I and Phase 2 -a design services.
It is assumed that the ultimate park improvements will include the following elements and
features:
A. Parkin- lot for 100 to 120 vehicles,
B. Parking lot safety lighting,
C. ADA accessible walkways andlor trails,
D. Retaining walls,
E. Trellis structure for an overlook sitting area,
F. Picnic tables and sitting areas,
G. AC, concrete and /or decomposed granite trails and walkways,
H. Signage for the park entry, educational areas and trails,
I. Park furniture (benches, trash receptacles, drinking fountains, etc.),
J. Themed landscape treatment for public use areas, and
R. Fully automatic irrigation system
Restoration of habitat areas is not a part of the current park improvement program.
At this time it is not known if the City intends to provide restrooms for the park. In developing
HFI's fee proposal, the design of restroom structures has not been included. If the City elects to
provide restrooms facilities onsite, HFI will submit a proposal to the City for these additional
services.
The environment approval and permitting processes (previously described as Phase ; in HFI's
May 27, 2004 Restructured Proposal) are not included in this proposal. In addition, design
services not included in Phase 1 and Phase 2 -a are described in the follow Scope of services
section.
S 904319',Admin \Contra.ts \Rev Proposal V3 \NBVP Revised Proposal 6- 7- 94.doc ; ', .`` '_ ,.1
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Mr. Bill Patapoff
City of Newport Beach
May 27. 2004
Page 6 of 15
SCOPE OF SERVICES
The following provides a description of the consultant engineering services to be included in
Phases 1 and 2 of HFI's services to the City of Newport Beach.
Phase 1 (Park Aesthetics and Final Site Plan) will consist of the environmental assessment and
mapping tasks, coordination with city staff to determine the final parking lot layout,
establishment of the park's aesthetic treatments (that will establish the park's character) and
development of a preferred park layout concept to guide final design. During this phase an
"Aesthetic Concepts Review Meeting" will be held with City staff to establish the final park
landscape and material treatments and identify the final parking lot and park layout.
Phase 2 -a (65% Design Services) will include the preparation of the geotechnical investigations
(if necessary) and the preparation of the design plans for the proposed park as described herein.
The design plans will be taken to a "65 Percent" complete level of design during this phase.
The following Design Services are not a part of Phase 2 -a (65% Design Services):
1. The City Review Process for the 659io Design precise grading plans and details (including
the title sheet, retaining wall layout and typical sections, and parking lot design);
2. The City Review Process for the 65% Design landscape planting and constructions plans
and details;
.3 Preparation of retaining wall profile(s) and retaining wall details;
4. Preparation of landscape irrigation plans and details;
5. Issuance of final utility notices and final design coordination with utility companies for
services (water and electrical);
6. Preparation of the construction specifications;
7. Preparation of the final construction cost estimate;
8. Preparation of presentation material, final image boards and exhibits for City commission
and council meetings;
9. Attendance at PB &R Commission, City Council and community group meetings;
10. Preparation of the project's NTOI and SWPPP;
11. Final Plan review and approval for all Construction Documents.
Phase 3 (Environmental Approvals and Permitting) includes the majority of the project's
environmental process. This phase includes the preparation of a mitigated negative declaration
for the project's environmental document and obtaining regulatory agencies' permits. This Phase
is also identified as "Optional Services" and will be subject to a future authorization of the
services by the City.
The following pages provides a detail description of the consultant services that have been
included in this proposal to the City of Newport Beach for Phases 1 and 2 -a only:
SA04319V drain \Convacrs \Rev Proposal V3WBVP Revised Proposal 6- 7- 04.doc
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 7 of 15
PHASE 1— Park Aesthetics and Final Site Plan Preparation
In this phase, the park's aesthetic treatments will be defined. and a final site plan for the
proposed park conceptual layout will be developed based on City staff input and direction. No
meetings with City committees. commissions, the City Council and community groups are
included.
A significant effort is anticipated to during this phase to finalize the improvements for the park
as well as establish the park's aesthetic and visual treatments (plant and material requirements_
site features and the general layout on park amenities) that will create the parks image. During
this first design phase, a maximum of two parking lot alternatives will be investigated at the rear
of the library building that aesthetically and functionally work with the library and passive
recreational use of the proposed park. A single park layout plan will also be prepared. The ADA
access requirements between the parking lot, the park, and the library will be investigated to help
define the overall park layout and grading requirements.
Activities included in Phase 1 are as follows:
Task 1A: Data Gathering and Topographic Survey
HFI will attend a kickoff meeting with the City to confirm design intent and document
preparation requirements. Research and obtain City, County, other agency and utility record
information. Review historical topographic information. Provide aerial topography mapping with
one -foot contours and obtain design survey information for the existing improvements.
Task 1B: Biological Assessment
MBA will conduct a biological assessment consisting of a review of existing information and
field survey to document existing conditions. The assessment will focus on the potential for
continued occurrence of special status species that were noted in the 1998 biological surveys
conducted by Robert Hamilton: California gnatcatcher, raptors and sensitive plant species,
including Coulter's saltbrush and vernal barley. The potential presence of any special status
plant or animal or sensitive habitat will be mapped and documented using GPS. A
vegetation/habitat map of the site will be created using GIS.
The potential presence of federal and state listed species, including species of special concern, as
well as other sensitive species potentially occurring in the area (e.g., California Native Plant
Society listed plants) will be noted by habitat location within the project boundaries. MBA will
prepare a Biological Resources Assessment Report documenting biological resources found
onsite, potential constraints and /or opportunities associated with them, and suggested mitigation
measures, including additional biological studies (e.g., focused biological surveys) for identified
impacts for your use.
S' \04?l9VodminlContracts \Rev Proposal V3MVP Revised Proposal 6- 7- 04.doc o sfa ,Vrk._ 1
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 8 of 15
This assessment, as well as the environmental process in general, will begin during first design
phase of this project to assist in the development of the park uses and concept layouts as well as
the parking lot alternative location study.
Task 1C: Formal Jurisdictional Delineation
According to the 1998 biological survey reports, conducted by Robert Hamilton, the Newport
Village Park site contains several features, including two seasonal ponds, a seasonally wet swale,
and two perennial drainages, which may be under the jurisdiction of the USACE and/or CDFG.
A jurisdictional delineation will be performed by MBA to quantify the existing wetlands and
riparian areas present within the project site.
The jurisdictions of the U.S. Army Corps of Engineers (USAGE) and the California Department
of Fish and Game (CDFG) will be identified and delineated based on a two - phased approach.
The USACE jurisdiction will be determined in the field using the presence of an ordinary high
water mark and the methodology in the USACE 1987 wetland delineation manual. This
methodology requires that a jurisdictional wetland must contain hydrophytic vegetation, hydric
soils, and appropriate hydrology. CDFG jurisdiction will be determined by the presence of
hydrophytic vegetation, the location of a definable bed and bank, and the presence of associated
wildlife or fish resources. The limits of jurisdiction will be mapped at an appropriate scale.
Civil surveys of any delineated areas are not covered in this scope of work.
A stand -alone jurisdictional delineation report will be prepared describing baseline conditions
and analysis of potential temporary and permanent project impacts on each jurisdictional feature
based on a provided site plan. The report will include methods, results, and an exhibit depicting
the approximate size and location of all jurisdictional areas. The report will be consistent with
the requirements of USACE and CDFG. Copies of field data sheets will be included. The report
will describe delineation methodology, jurisdictional areas of the site, and impacts from site
development. The report will provide the necessary documentation for developing and
processing permits under Section 401 and 404 of the Clean Water Act and Section 1602 of the
California Fish and Game Code. The report will provide information on probable 404 permit
type (Nationwide vs. Individual Permit) and time frames for acquiring permits. A draft
jurisdictional delineation report will be submitted to the City. Based on one set of review
comments from the City, a final report will be prepared.
(Note: Tasks I B and I C will also help assist in defining the final environmental requirements for
the project when the city elects to proceed with the final environmental clearances for the
proposed park.)
Task 11): Parking Lot Analysis
Develop and evaluale two alternatives for a proposed parking area. The first alternative will
consider placing the parking lot site at -grade with the existing library loading dock area located
at the rear of the library. Access to the parking lot would be obtained from Avocado Avenue at
the current driveway entrance for the library's loading dock access driveway. The second
S : \04319\AdmimCororacts \Rev Proposal V3WBVP Revised Proposal 6- 7- 04.doc
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 9 of 15
alternative will consider either a tiered parking lot configuration or a lot at the top of slope and
consider potential access from MacArthur Boulevard and /or Avocado Avenue. The target
number of total parking spaces for the project is 100 to 120 spaces. ADA accessibility from the
library to the parking area will be required. Landscaping buffers will be considered to soften the
visual impact of the parking area and safety lighting. HFI will provide a recommendation on a
preferred parking lot alternative based on vehicular accessibility, ADA accessibility, the number
of parking spaces, impacts to the park area and aesthetics. A conceptual cost estimate will be
developed for the preferred parking lot alternative.
Task IE: Park Site Plan Design Analysis
HFI will review the concept plans prepared by EPT and SPGN to help guide in the development
of a final site plan for the park. The passive recreation area of the park will consist of walkways,
lighting. miscellaneous structures (benches, trellis pergola, turf amphitheater, seat walls and
signage), landscaping and lawn. The riparian - habitat restoration area of the park will protect the
existing native plants and stream beds, modify existing drainage facilities to blend into the
natural environment, plant additional California native plants and construct walkways.
The plant palette will be biased in favor of coastal sage revegetation, native grassland and
wildflower groundcover, and other native plant species.
HFI will also prepare a list of planning items that must be addressed and/or approved by the City
in order to finalize the Phase 2 Final Design plans, specifications and construction cost estimates.
HFI will meet with City staff and the Park Development Committee and designate each task as
an action item. HFI will provide conceptual cost estimates for the different options under
consideration.
Task 1F: Aesthetic Design Review Meeting
During this task an Aesthetic Concept Review Meeting will be held with City staff members to
select the park's planting and material requirements, finalize the park's parking lot configuration,
establish a safety lighting program for the parking lot, and finalize the overall site plan for the
proposed City park. Follow -up coordination with key City staff members to finalize key
elements of the park design and visual imagery as well as to finalize the park's site plan, after the
Aesthetic Review Meeting, have been included in Task 1 G "Project Meetings, Coordination and
Management ".
This task will include the development of presentation exhibits (photo images of key park
elements) in draft form for review with City staff at the Aesthetic Design Review Meeting to
help select the visual imagery for the park.
Based on the outcome of this review meeting; a final colored site plan will be developed to
provide direction to the design team during the preparation of the final design plans for the park.
The preparation of final imagery boards is not included in this proposal.
S ?,04319�Admin\Contracts\Rev Proposal V3MBVP Revised Proposal 6- 7- 04.doc T. _ r"W_VIM
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 10 of 15
Task 1G: Project Meetings, Coordination and Management
We have assumed a maximum of 40 labor -hours for project meetings in this first Phase. This is
based on an anticipated four project meetings consisting of eight hours per meeting (assuming
two attendees from the HFI Project Team). Included in this time will be meeting preparation time
and the preparation of meeting notes. An additional eight hours is provided for coordination to
set up these project meetings and provide a small contingency for this task. These four meetings
include the Kick -off meeting, two project coordination meetings with the City's Project Manager
and other key City staff members, and the Aesthetic Design Review Meeting. Eight labor -hours
for the Aesthetic Design Review Meeting have been included in this Task. Additional meetings
requested by the City during this phase will be considered as additional services.
In addition to the project meetings, we have estimated a budget of 40 labor hours that have been
reserved for general project coordination with various city staff departments and project team
members and for general project management services. This effort also includes HFI team
member review of the Phase 1 project deliverables.
PHASE 2 -a: 65% Resign Services
After completion of the final site plan in Phase 1, HFI will proceed with the preparation of the
design documents. Based on discussion with the City Engineer, the final design plans will be
taken to a "65 Percent" complete level (Phase 2 -a). Specific activities included in Phase 2 -a are
as follows:
Task 2A: Geotechnical Investigation
The proposed grading for the project will be near the existing grades, except for the parking area
(which may be as deep as fifteen to twenty feet below the adjacent park grades) and ADA access
trail between the park and library (which will requiring retaining wall structures). Assuming that
existing information is not available or sufficient for the proposed park site, the following is the
detailed scope of services for geotechnical investigation services to be provided by DYA for the
Newport Beach Village Park:
• Subtask 2A.1: Pcrmitting/Data Review
Review the project plans and geotechnical information provided for the subject
project; contact Underground Service Alert (USA) to check boring locations for
underground utilities. (Duration one week)
• Subtask 2A.2: Subsurface Investigation
Drill 7 borings: one 25 feet deep, one 10 feet deep, and five 5 feet deep borings, for a
total of 60 feet. (Duration one week)
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 11 of 15
• Subtask 2A.3: Laboratory Testing
Perform 15 moisture content/dry density, 10 particle size analysis or Atterberg limits,
four (4) shear strength, one (1) compaction, one (1) corrosion, and one (1) R -value
tests. (Duration two weeks)
Subtask 2A.4: Analysis & Reporting
Provide a report with conclusions and recommendations regarding: seismic hazards
based on published maps, earthwork/grading, shallow foundation bearing capacity
and settlement, slope stability, lateral earth pressures, corrosion potential, Portland
cement concrete pavement thickness, and asphalt concrete pavement thickness.
(Duration two to three weeks for a total of six weeks)
• Subtask 2A.5: Permeability Test
Perform a percolation test to provide input for the proposed parking lot to serve as a
storm water runoff water quality best management practice. The fee for this testing is
based on the work being completed currently with the rest of the Geotechnical
Services completed under Task 2A and assumes a single test to be taken on -site.
Task 2B: Utility Coordination
As part of our Phase 2 -a services, HFI will contact all potentially affected utility agencies and
companies and provide correspondence records to the City. This effort will include
coordination of the potential points of connection for water and electrical services. A
summarv- tracking table will be prepared listing all contacts made. At this time, HFI knows of
no significant utility conflicts that could impact the design for the park. Services not included
in Phase 2 -a are the issuance of final utility notices, transmittal of construction plans to
various utility companies and coordination with the utilities for final connection approvals
for water and electrical services.
Task 2C: Drawings, Specifications and Cost Estimate
Based upon the City - approved final site plan, HFI will prepare 65% design plans and develop
a preliminary estimate of the potential cost for construction of the proposed park
improvements. Specific activities include in Phase 2 -a are the following:
Subtask 2C.1: Park Grading Plans and Details — Construction plans shall be
prepared to locate, dimension and identify the retaining walls, parking lot, safety
lighting, trails and walkways. These plans shall be prepared at 1 " =20' scale. One
overall site plan, and three grading plan sheets are anticipated. Two detail sheets have
been assumed for the civil portion of the project improvements. A title sheet for the
project plans will also be prepared. A separate plan for parking lot signing and
striping will not be developed and details will be provided to depict striping for
standard and handicapped parking stalls. A horizontal control plan may be prepared if
necessarv. The City's review process and corrections to the plans are not included in
the Phase 2 -a services.
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Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 12 of 15
Since grading of the site is focused on the parking lot, walkways and trails, drainage
design is assumed to consist mainly of minor surface improvements. The preparation
of a detailed hydrology and hydraulic analysis and drainage report has not been
included in our proposal fee. If, during design, a new storm drain system becomes
necessary, HFI will submit a separate proposal for the additional services.
Subtask 2C.2: Retaining Wall Layout and Typical Section — Proposed retaining
wall locations will be identified on the precise grading plans (500 feet of retaining
wall has been assumed). Small garden walls (less than three feet of exposed wall) will
be shown in plan view only on the precise grading plan for the park. The preparation
of retaining wall profiles and construction details are not been included in Phase 2 -a.
In addition. the City's review process and corrections to the plans are not included in
the Phase 2 -a services.
Subtask 2C.3: Landscape Construction Plan and Details — Design plans shall be
prepared to locate, dimension and identify the outdoor amphitheater, trellis structure,
parking lot, concrete walkways, picnic tables, monument signage and park furniture.
These plans shall be prepared at l " =20' scale and conform to the City of Newport
Beach's standards. Legends, notes and construction details at varying scales shall
also be prepared. Three plan sheets and two detail sheets have been assumed. The
City's review process and corrections to the plans are not included in the Phase 2 -a
sen'ices.
• Subtask 2CA: Landscape Irrigation Plan and Details - Not Included
Subtask 2C.5: Landscape Planting Plan and Details — Planting plans shall be
prepared showing locations of trees, shrubs, vines, ground covers and turf areas
shown on the approved preliminary plans. These plans shall be prepared at 1 " =20'
scale and conform to the City of Newport Beach's standards. Legends. notes and
details shall also be prepared. Three plan sheets and two detail sheets have been
assumed. The City's review process and corrections to the plans are not included in
the Phase 2 -a services.
Subtask 2C.6: Erosion Control / NOI / SWPPP — Not Included
• Subtask 2C.7: Construction Specifications — Not Included.
• Subtask 2C.8: Opinion of Probable Construction Costs —A preliminary estimate
of the potential cost for construction of the proposed park improvements will be
prepared ;br this project using current construction costs for similar projects.
S: \043l0\Admin \Contracts\Re% Proposal VS \NBVP Revised Proposal 6 -7 -04 doc
a
Mr. Bill Patapoff
City of Newport Beach
May 27, 2004
Page 13 of 15
• Subtask 2C.9: City Review Comments and Corrections — Not Included. However,
correction of design errors and omissions made by HFI will be addressed at our
expense.
Task 21): Project Meetings, Coordination and Management
During the final design phase, project team meetings with City staff are assumed to be held
approximately once a month and a maximum of 3 project meetings have been assumed to occur
in Phase 2a. Our fee proposal is based on four hours per meeting which includes meeting
preparation time, attendance by one HFI team member and the preparation of meeting minutes.
In addition. four hours has been budgeted for attendance at one or two project meetings by HFI's
Landscape Design Manager. Finally, an additional four labor hours is included for miscellaneous
support and coordination of the meeting schedule and to provide a small contingency for this
task. A total of twenty labor -hours have been established for project team meetings in Phase 2 -a.
An additional 28 labor -hours have been reserved for Phase 2a project coordination and
management services.
Task 2E: City Committee /Commission Meetings — Not Included
Services Not Included
In addition to services excluded from this Scope of Services described above, the following-
Consultant Services are also not included in our Scope of Services and fee proposal, but can be
provided for as additional services on a lump sum or hourly basis, if requested by the City:
• Design of water features, i.e. lakes, ponds, fountains. etc.
• Perspective renderings.
• Preparation of front -end bid documents (by others).
• Landscape architectural plans, beyond limits of project described above.
• Restroom facilities / building structures
• Construction management, administration. observation. inspection, testing and
staking.
• Major changes to design by the City after commencement of work in Phase. 2a.
• Attendance at additional meetings, workshops or site visits beyond those listed in the
Scope of Services
In addition, the scope of the geotechnical investigation services specifically excludes any
investigation needed to evaluate the presence or absence of hazardous or toxic materials at the
site in the soil, surface water, or groundwater.
S:%04319`Admin \Contracts \Rev Proposal V3\t\'BVP Re\ ised Proposal 6- 7- 04.doc r .
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Mr. Bill Patapoff
City of Newport Bezch
May 27, 2004
Page 14 of 15
PROJECT SCHEDULE
A new schedule for the project has been provided based on HFI's understanding of the Phase la
(Field Survey and Base Mapping) and Phase 2 -a (65% Design Services) and a "best- estimate' of
the schedule requirements for the Phase 1 (Park Aesthetics and Final Site Plan) services. A
further refinement of this project schedule is assumed to occur based on input received from the
City at the project's :Nick -off Meeting.
ADDITIONAL RECOMMENDATIONS
HFI is proposing a design option for the project's parking lot structural section to potentially
provide an on -site storm water Best Management Practice (BMP) feature that will function as a
filtration system to collect gas, oils and grease deposited on the parking lot surface as well as an
aesthetic element for the park. Our Scope of Services for Phase 2 -a and Fee Proposal
incorporates this recommendation as part of our design services for this project.
HFI has recently assisted the City of Tustin in developing a filtration system for their Pioneer
Road Park parking lot. The structural section consisted of porous paving stones placed over a
permeable subbase material. Underlying the subbase is a layer of filter fabric. For the City of
Tustin project it was determined that the subgrade would not provide a desired level of
infiltration/permeability due to the clay content of the underlying soils. An underdrain system
was developed to discharge filter storm water into a local storm drain system. Excluding the
underdrain system, the proposed permeable structural section cost about the same as the cost to
construct a typical AC paved parking lot. The City of Tustin parking lot provides parking for
approximately 20 vehicles and the structural section was designed to accommodate emergency
vehicles and trash trucks.
The City of Palm Desert has recently constructed a parking lot for the Living Desert Zoo and
Gardens that is based on a similar porous pavement structural section but on a much larger scale
than the City of Tustin's parking lot parking. The Living Desert lot will accommodate 700
vehicles and tour buses. Although the City of Tustin used paint to delineate parking and
handicapped access stalls, Palm Desert used colored paving stones are use to delineate parking
stall lines, handicapped parking spaces (and symbols) and the ADA accessible paths of travel
through the parking lot. For ADA access, different type and color of paving stones were used.
The Palm Desert proiect also incorporates an underground irrigation system to encourage tree
roots to grow below the pavement structural section to minimize root disturbance of the
pavement section.
As part of the Geotechnical Investigation services (Subtask 2A.5 Permeability Test), a
percolation test will be conducted for the proposed parking lot site. The cost for this testing is
based on taking a single test to be completed at the same time with the project's other
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City of Newport Beach
May 27, 2004
Page 15 of 15
geotechnical testing activities. The fee for this test has been included in Phase 2 -a of our Fee
Proposal as a Direct Cost — Subconsultant Expense.
Other than the cost to complete a percolation test and prepare the summary report of the test
results, there would be no other additional design fees associated with the incorporation of a
porous pavement system as storm water BMP for the Newport Village Park. As part of the Phase
1 design services a cost estimate to implement this paving program for the City's project will be
prepared for comparison to a more tradition parking lot surface.
FEE PROPOSAL AND SCHEDULE OF HOURLY BILLING RATES
The Fee Proposal and Schedule of Hourly Billing Rates provided on the following pages are
based on the scope of services, project understanding, project approach and project assumptions
presented herein. The proposed fee for HFFs services as described herein is $128;950.
HFI is ready to proceed immediately with our services after receiving a notice to proceed.
S; \04319',Admin \Contracts \Rev Proposal V3'd�BVP Revised Proposal 6- 7- 04.doc �_ ,.
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OFFICE:
SURVEY:
- Exhibit B
Engineering • Surveying • Planning • Landscape Architecture
SCHEDULE OF HOURLY BILLING RATES
Effective April 28, 2004
Principal
$185.00/Hour
Sr. Project Director
$160.00/Hour
Project Director
$150.00/Hour
Project Manager
$140.00/Hour
Project Engineer/Project Surveyor
$125.00/Hour
Landscape Architect
$135.00/Hour
Planner
$100.00/Hour
Senior Designer
$125.00/Hour
Staff Engineer /Landscape Designer
$110.00/Hour
Entitlement Coordinator
$100.00/Hour
Designer
$105.00/Hour
Drafter
$ 90.00 /Hour
Sr. Inspector/Resident Engineer
$115.00/Hour
Inspector
$105.00/Hour
Project Assistant
$ 65.00 /Hour
Expert Witness
$275.00/Hour
Survey Manager $140.00/Hour
Survey Analyst $105.00/Hour
3 -Man Survey Crew $225.00/Hour
2 -Man Survey Crew $185.00/Hour
1 -Man Survey Crew $130.00/Hour
Note 1: It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional
level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and
understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains
unpaid on the sixty -first (61st) day after invoice date, a late fee in the form of 10 percent interest per annum will
begin accruing and Consultant will stop work on this project. Ninety (90) days after invoice date Consultant will
lien the property.
Note 2: Client shall Fay the cost, plus 15 %, for any applicable governmental fees, title company charges, well
monuments, outside vendor reproduction costs, in -house reproduction cost, plotting costs, mileage and delivery or
messenger services incurred on Client's behalf. If requested, we will provide a computer printout which details these
costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee.
Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and
payable upon presentation.
Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate
charged will be 1 -1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown.
Note 5: The above Schedule of Hourly Billing Rates shall be adjusted on a yearly basis from the effective date as
shown hereon.
Note 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is
imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be
in addition to said fee herein, and shall be the full responsibility of the Client.
F AJSERSTFIW\4hamd',C.nM- \FY 03- 04NEWPORT VILLAGE PARK C- 3633 \H &F SOWASCHEDULE OF HOURLY BILLING RATES.doc
City of Newport Beach NO. BA- 04BA -075
BUDGET AMENDMENT
2003 -04 AMOUNT: $8,950.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund fund balance for the Newport Village
Park Design, C -3633.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed: �/
Signed:
Signed
Approval: Ad
inistrative
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$8,950.00 *
$8,950.00
Date
e
Date
Date
Description
Division
Number
7015 General Fund - Parks
Account
Number
C4120656 Newport Village Park Design
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: �/
Signed:
Signed
Approval: Ad
inistrative
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$8,950.00 *
$8,950.00
Date
e
Date
Date
City Of Newport Beach NO. BA- 04BA -0 5 �I
BUDGET AMENDMENT
2003 -04 AMOUNT: $s,sso.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund fund balance for the Newport Village
Park Desiqn, C -3633.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed
Signed:
H
Approval: Administrative Services Director
City M
Signed: l
City Council Approval: City Clerk
Amount
Debit Credit
$8,950.00 *
Date
Date
lG ?I aD� b
Date
Description
Division
Number
7015 General Fund - Parks
Account
Number
C4120656 Newport Village Park Design
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed
Signed:
H
Approval: Administrative Services Director
City M
Signed: l
City Council Approval: City Clerk
Amount
Debit Credit
$8,950.00 *
Date
Date
lG ?I aD� b
Date