HomeMy WebLinkAbout4 - Marina Park Preliminary Design ContractCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
November 14, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
(949) 644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Preliminary Design Contract with Rabben /Herman Design for Marina
Park (Park + Marina Plan); Resolution 2006 - relating to a
Committee on Marina Park Design; Budget Amendment
ISSUE:
Should the City Council authorize a sole - source contract with Rabben- Herman Design
to conduct Preliminary Design work for a re -use plan for Marina Park?
RECOMMENDATION:
1. Authorize the Mayor to execute a professional services agreement (PSA)
substantially similar to the attached PSA with Rabben /Herman Design for
Preliminary Design of the "Park + Marina Plan" at Marina Park; and
2. Adopt Resolution 2006 -_ establishing the Council /Citizens Committee on Marina
Park Design;
3. Adopt Budget Amendment #_ appropriating $90,000 in funds ($85,000 for PSA
and $5,000 for contingency) for Preliminary Design work for the Park + Marina Plan.
DISCUSSION:
Background. The Marina Park Mobile Home Park ( "MP ") is located on a large City -
owned Parcel at 1770 West Balboa Boulevard on the Balboa Peninsula between 15th
and 18t Streets. The City acquired the property from Pacific Electric Land Company in
1919. The initial use of the property after purchase was. for a City campground.
Campers paid $.75 /day for waterfront camp. areas and $.50 /day for interior spaces. The
Park was later renovated in 1955 to a trailer court for 120 trailers. Accommodation of
larger mobile homes put the Park attoday's capacity of 58 mobile homes.
In a series of leases dating back to 1973, the City has consistently informed the mobile
home tenants at Marina Park ( "Lessees" or "Tenants ") that MP would be closed and put
to another use. In June 2005, the City Council took an action directing City staff to
prepare the documents associated with transitioning MP to an interim open space use.
Design Contract with RabbenlHerman Design for Park + Marina Plan
November 14, 2006
Page 2
On March 14, 2006, the Council approved park closure documents, starting the clock
ticking on what is at least a 12 -month process to close MP.
Re -Use Planning. In early 2005, the Council formed the City Council /Citizens
Committee on Marina Park Planning via Resolution 2005 -4. The resolution set goals for
future use of MP by asking the Committee to:
1. Gather and consider technical information related to the property;
2. Assess the community needs relating to parks, boating, +and recreation. facilities;
3. Develop a plan for gaining public input on future use of the property; and finally to
4. Develop possible future re -use alternatives for the City Council to consider.
The Committee met at least four times between March 2005 and September 2005 in a
series of public meetings at Newport Beach City Hall. They heard presentations by
eight different groups or persons advocating eight different future use scenarios for
Marina Park. These proposals were summarized at a Council meeting in early 2006.
Following that meeting, two leading proposals emerged — the Protect our Parks
proposal and the Harbor Commission's proposal. A 3- member Council team (including
Council Member Selich, Council Member Ridgeway and Mayor Webb) later convened
the Marina Park Working Group that included representatives of the Harbor
Commission, POP, and POP's designer — Dan Herman of Rabben /Herman Design — to
attempt a compromise plan out of the two leading proposals.
An Agreed -Upon Concept Plan. What emerged became the Park + Marina Plan (see
Attachment A). This Plan was reviewed favorably by the City Council at 'a Regular
Session on October 10, 2006. At that time, the Council approved the following course
of action to pursue the Park and Marina Plan:
Park + Marina Plan - Planning Timeline
1. Preliminary Design (6 -8 months) with three parts:
Part A --- Testing the Concept. Includes Record of Survey, determination of utilities,
harbor lines, etc -- basically determining how the Plan fits on the site, looking for fatal
flaws, getting it ready for Part B (additional community outreach).
Part B -- Additional Community Outreach. Assuming concept plan will work
physically and practically, we would embark upon an additional community outreach
period (may include an additional public meeting, one or more mailings to the
community and to interested stakeholders, more).
Part C -- Refinement. Design team refines the plan based on community and council
input and prepares the concept plan for formal Council consideration, including CEQA
(California Environmental Quality Act) requirements. This part would include a
summary of what permits will be required, what agencies need to be consulted, and
what funding sources are available. A project cost estimate (including design,
permitting, and construction) should be part of this, too.
Design. Contract with RabbenlHerman Design for Park + Manna Plan
November 14, 2006
Page 3
During this same period, City staff would work on an amendment to the City's lease
with the American Legion to reflect the Plan's impacts on the Legion's facility (as well
as the City commitments made within the Memo from Mr. Selich and Mr. Ridgeway).
2. Design Development. & Permitting (12 -18 months). The concept plan would be
brought up to construction. documents, with all CEQA work done and all permits
achieved. A funding plan would be developed and implemented along with Phase ll.
3. Construction (24 -36 months). With design development complete and a financing plan
in place, the project would be put out to bid for construction,. including, construction
management. Depending upon funding, construction may occur in up to three phases.
The Working Group believes that Dan Herman of RabbenlHerman Design is the
appropriate consultant to continue working on this Plan (with additional: subconsultants
[including Cash.and Associates, ,.a specialized firm experienced in marina design] under
R/H Design's lead). They believe this because:
• RabbenlHerman Design led the Protect our Parks (POP) design effort throughout the
initial review process;
• RabbenlHerman Design later was hired by the City at the recommendation. of the
Working Group to incorporate the visitor- serving marina concept into the POP plan;
• RabbenlHerman Design has more familiarity with the site and the proposed plan than
any other vendor,
• RabbenlHerman Design has been found by Public Works to be among the leading firms
in designing this type of Project;
This Agenda Item. This Agenda.ltem asks:
1. For the Council's authorization to enter into a PSA for $85,000 with RabbenlHerman
Design for the Scope of Work (attached) that would bring the Park + Marina Plan
through Preliminary Design;
2. That the Council rescind a previous resolution (Resolution 2005 -04) that formed
Marina Park's planning committee. Tonight's action would create a new Committee
to focus assisting the City with the design of the Park + Marina Plan; and
3. For a Budget Amendment of $90,000 (allowing a $5,000 contingency) to fund the
RabbenlHerman scope of work..
Funding. As noted, this effort requires a Budget Amendment in the amount of $90,000.
Submitted by:
DAVE KIFF
Assistant City Manager
ATTACHMENTS: A — Park + Marina Plan
B — RabbenlHerman Professional Services Agreement, including Scope of Work,
Project Schedule, and Fee Schedule
C — Resolution 2006-_
D — Budget Amendment
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Design Contract with RabbenlHerman Design for Park + Manna Plan
November 14, 2006
Page 5
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN- HERMAN DESIGN (with Exhibits A, B, and C)
PROFESSIONAL SERVICES AGREEMENT WITH
RABBENIHERMAN DESIGN
FOR MARINA PARK DESIGN WORK
THIS AGREEMENT is made and entered into as of this 1st day of December, 2006, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
RABBENIHERMAN DESIGN a California Corporation whose address is 833 Dover
Drive, Newport Beach, California, 92663 ( "Consultant"), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to design for a re -use project including a park and a marina at
City's Marina Park property.
C. City desires to engage Consultant to conduct preliminary design work for the
Marina Park project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Dan
Herman.
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 1s day of December, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner in
general accordance with the Schedule at Exhibit B. The failure by Consultant to
perform the services in a diligent and timely manner may result in termination of
this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all . requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit 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 Eighty-Five Thousand Dollars and no /100 ($85,000.00) without prior
written authorization from City: No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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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 writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs .incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall. be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit C.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated DAN HERMAN to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
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This Agreement will be administered by the Public Works Department. STEVE
BADUM, PUBLIC WORKS DIRECTOR (or his designee) shall be the Project
Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his /her authorized representative shall represent
City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
T. 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
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work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
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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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.
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.
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.
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's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liabilitv 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 Liabilitv 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.
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
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directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non- payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work. .
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
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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.
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
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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) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
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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
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Steve Badum, Director
Public Works Department
11
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dan Herman
Rabben /Herman design office
833 Dover Drive, Suite Nine
Newport Beach, CA 92663
phone (949) 548 -3459 (X 22)
email: danh @rhdo.com
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
12
31.
32.
33
34.
35.
36.
37.
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.
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.
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.
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.
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.
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.
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.
EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
:2
Mayor
for the City of Newport Beach
CONSULTANT:
By: By:
LaVonne Harkless, Dan Herman, Rabben /Herman Design
City Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B — Project Schedule
Exhibit C — Schedule of Billing Rates
F:luserslcatl sharedl AglPRofServices \FinaNersion0 8-30 -04. doc
14
Design Contract with Rabben/Herman Design for Park + Marina Plan
November 14, 2006
Page 6
EXHIBIT A
SCOPE OF WORK
The Master Planning for Marina Park (including the adjacent American Legion property) is envisioned to
be completed in three sequential phases, (1) a Feasibility Refinement Phase of the current Vision Plan,
(2) Public Meetings and Workshops, and (3) Final Master Plan. This proposal is for the first phase -
Feasibility Refinement.
In summary, the Feasibility Refinement phase will:
• Identify all of the site opportunities and constraints.
• Obtain a site survey and research existing utilities and easements that may affect the project.
• Confirm the program developed during the previous planning efforts R /Hdo conducted in
conjunction with the City of Newport Beach and Protect Our Parks.
• Develop a refined Concept Plan.
The Public Meetings and Workshops phase will be organized and led by the City of Newport beach and
include a series of Public Workshops with neighborhood groups and stakeholders as well as meetings
with governmental agencies having jurisdiction over the project. The Final Master Plan will incorporate
the issues identified in the public meetings and workshops and with the review agencies. The Final
master Plan task may also include more detailed analysis of traffic and parking, refined architectural plans
for proposed buildings, analysis of funding opportunities, phasing plans and other as yet undefined
products.
As the current plan has been prepared under the direction of a City Council Committee and the Assistant
City manager, and also included representatives of Protect Our Parks, we suggest the City consider
organizing a Steering Committee with some of these same members as well as representatives of the
Public Works and Parks Departments. We would meet with this group throughout the process to review
findings and get direction. We also envision working with a separate small group specifically for the
refinement of the American Legion facilities. Results of these workshops would be shared with the City
Steering Committee.
The scope of work for all three tasks would include the proposed Marina Park site and the adjacent
American Legion site. Planning and design for the American Legion site would include the parking area,
outdoor use areas, and the American legion marina, but would not include modifications to the American
Legion building.
The Scope of Work does not include any effort related to the mobile homes or the relocation of the
present residents.
The following Scope of Work describes work to be performed by the R /HDO team during the Feasibility
Refinement Phase of the project. This phase of work includes a number of meetings with the project
team; analysis of development opportunities and limitations of the site; preparation of a development
program; preliminary design concepts of , the sailing center and marina, recreation facilities and support
facilities; preliminary infrastructure planning; development plan preparation; preliminary development
costs; and a summary report. The R /HDO team will be responsible for the following tasks as indicated in
Task Network (Figure 2), except as noted.
Task 1. Kickoff Meeting
A kick -off meeting will be held to begin the project and allow the consultant team and the City of Newport
Beach team to organize and confirm the project schedule, review the scope of work, and establish the
planning horizon for the study. In addition, the meeting will allow the consultant to collect and review all
of the relevant site information held by the Owner.
Design Contract with Rabben/Herman Design for Park + Manna Plan
November 14, 2006
Page 7
a. Participate in the first team meeting with other team members to review the project schedule, the
. scope of work, confirm the current program, and establish the clients project objectives.
b. During the initial meeting the Owner should have collected all identified information to transfer to
the Owner team. The information will be catalogued and reviewed during the initial meeting.
Task 2. Site Survey
TO BE ADDED
Task 3. Site Analysis
Development opportunities and limitations for the property will then identified based on information to be
collected or supplied by the City, other consultants, and site visits.
a. Conduct initial and subsequent site visits as may be required.
b. Review and analyze available information on natural factors such as geology, climate, hydrology,
littoral and oceanographic conditions, soils, ecology, vegetation, natural hazards, fish and wildlife,
historical /cultural and visual character of the site and its surroundings.
C. Review and analyze available information provided by Client on man -made factors such as
existing land use, zoning, access/circulation and traffic. No additional traffic analysis would be
undertaken in this phase of the project.
d. Collect available records from the City of Newport Beach and utility companies to document
existing utilities and easements on the site. This information will be plotted on the site survey.
e. Meet with Planning Department officials to discuss development controls and requirements
(density, height restrictions, etc.), environmental issues, required approvals and development
schedules. Identify any potential issues related to the LCP or General Plans.
f. Prepare a development opportunities and limitations summary for the property based on this
information.
Task 4: Programming
A preliminary development program will then be prepared for the major components of the project. Much
of the program has been defined as part of earlier efforts but this phase will document and test those
findings. Particular emphasis will be given.to the development of the program for the Aquatics and
Community center facilities. The programming will not define the detailed requirements for the Girl Scout
House, but would identify a preferred site size.
a. Prepare a detailed development program, including the number, size, and quality of proposed
facilities and uses including accommodations, special uses, recreation uses, support facility,
infrastructure, and other uses.
1) Overall square footage and specific uses for.the proposed Community Center and the
Aquatics Sailing Center
Design Contract with RabbervHerman Design for Park + Manna Plan
November 14, 2006
Page 8
2) Number and size of slips for the City operated marina.
3) Number and size of slips for the American Legion marina.
4) Detailed requirements foe the Youth Sailing Center including dry storage, dock tie up, on
dock storage, dingy dock requirements, etc.
5) Support requirements (crane, fuel pumps, clean out areas, etc) for the City marina.
6) Number and size of on site restrooms.
7) Size and general description of playground.
8) Beach related facilities (fire pits, volleyball nets, swim zones, etc)
9) Recreational facilities including the number of tennis courts, basketball courts and other
not yet identified facilities.
10) Number of parking spaces for Marina Park and the American Legion.
b. The preliminary program would be reviewed with the project team and be utilized to prepare the
refined Concept Plan.
Task 5. Refined Concept Plan
Based on the development opportunities and constraints, the final site survey, utility information, and the
preliminary program we would refine the current Vision Plan for Marina Park. We would work closely with
City staff and the American Legion to prepare the plan refinements.
a. A scaled plan, prepared at 1" 20' -0 ", would be prepared for the Marina Park and American legion
site. The plan will accurately identify, at a concept level, the size, character and location of all
proposed facilities. This will include both the City and American Legion marina and dry side
facilities, the City Youth Sailing Center water and dry side facilities, the Aquatic and Community
Center Facility(s), all recreational facilities, parking and access, pedestrian circulation and
landscape concepts.
b. Develop a conceptual floor plan for the proposed Youth Sailing Center /Community Center facility.
C. Evaluate these plans with Client and other team members based on the development objectives
established at the first team meeting and other considerations.
d. Refine the Concept Plan as required and prepare an Illustrative Plan, sections, elevations and
two sketches illustrating the design and character of the proposed project.
Task S. Infrastructure Planning
Preliminary planning of infrastructure improvements to a master planning level will be provided during this
phase based on the development program, building concepts, and recreation facilities.
a. Estimate preliminary infrastructure requirements based on the development program for roads,
drainage and storm control, potable water, non - potable water (if appropriate), wastewater,
electrical power, communications and solid waste.
Design Contract with RabbenMerman Design for Park +Manna Plan
November 14, 2006
Page 9
b. Prepare infrastructure concept plan indicating the location of major infrastructure components.
Task 7. Estimate of Probable Cost
A preliminary estimate of probable cost will be prepared in collaboration with Client and other team
members based on the final development plan. Separate estimates will be prepared for Marina Park and
the American Legion properties.
a. Prepare an itemized list of improvements to be included in the estimate of probable cost.
b. In collaboration with other team members, assist in preparing the estimate based on the itemized
list above, local construction costs, and other information.
Task 8. Team Meetings
Formal team meetings will be held throughout the project in order to establish the direction of the project,
visit the site, meet with local officials, request and exchange information, discuss preliminary results and
present the final products. In addition informal meetings will be held with City staff to collect information,
develop the program
a. Participate in the first team meeting (Kick -off) with other team members to establish development
objectives, visit the site and gather information.
b. Participate in second progress review meeting to review the preliminary program.
C. Participate in third team meeting to review the refined concept plan and other information.
d. Participate in fourth team meeting to present final products and conclusions.
Task 9. Final Summary Report
A final Summary Planning report (10 copies) will be prepared summarizing findings, conclusions and
recommendations of the previous tasks. This report will be of photocopy quality and will include text,
illustrations (in color) and photographs. A reproducible set of plans will also be provided. The following
products will be provided at the completion of this study:
a. Site analysis maps including development opportunities and limitations;
b. Preliminary development program;
c. Concept diagrams of Community Center/Youth Aquatic Center, special uses, recreational
facilities and supporting uses with illustrative sketches;
d. Development plan and illustrations;
e. Development estimate of probable cost; and
f. Final summary report.
Design Contract with RabbenrHerman Design for Park + Manna Plan
November 14, 2006
Page 10
Exhibit B
PROJECT SCHEDULE
The work as described in the Scope of Work will be performed generally according to the Project
Schedule (Figure 3) within 10 to 12 weeks from receiving the notice to proceed, assuming timely review
and comments are received by Client.
TO BE ADDED
r1
�J
•
41
• Design Contract with RabbenMemoDesign for Park + Manna Plan
November 14, 2006
Page 11
Exhibit C
FEES AND PAYMENT SCHEDULE
A. Fees
We will perform the Scope of Work as described for a proposed fee of $85,000 net of all local taxes,
duties and levies, plus travel and other expense costs which will be paid in addition to this fee. This fee
excludes any fees for other consultants, which may be hired independently by Client. For information
purposes this fee is allocated as follows:
1 Project Kickoff
8 0
0' '
$800 $0
$0
$800
2 Site Survey
a
$800 -
$21,000
$21,800
3 Data Collection
40 8
24
and Analysis
$4,000 ,,4009
$3,000';
$7,800
4 Programming
t6�� fl
8
$1,600 54a0 0
$1,000
$6,600
5 Refined Concept Plan
80 40
80
Illustrative Support
$0 40.
-
Povs
40
120 80
80
$12,000 $8,900.-
$10,000 -,
$30,000
6 Utility Plans
8 =`
Oo
_
$800 $0,
#
$01a �-
$800
7 Cost Estimate
12
40
$1,200 `� +ix': *.$0,'
$5,000!'
$6;200
8 Meetings
40 24i
24
$4,000 ?: $2,400
$3,000
$9,400
9 Final Report
16
$1;600
$1,600
Totals
$26,800 $15,200
$22,000 $21,000
$85,000
B. Expenses
Our proposal fee above includes labor cost and incidental project expenses. Other costs beyond our
proposed services, if requested by Client, would be paid in addition to the fee such as:
1. Architectural models and marketing brochures - quality illustrations.
2. Work on the subsequent project phases: (2) Public Meetings and Workshops, and (3) Final
Master Plan.
Design Contract with Rabbervtlerman Design tbr Park + Marina Plan
November 14, 2006
Page 12
RESOLUTION 2006-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
REPEALING RESOLUTION 20054
AND ESTABLISHING THE CITY COUNCIVCITIZENS ADVISORY
COMMITTEE ON MARINA PARK DESIGN
WHEREAS, the City of Newport Beach owns the property located on the Balboa Peninsula
between Newport Bay and Balboa Boulevard and between 181" and le Streets; commonly known as
Manna Park; and
WHEREAS, the City Council of the City of Newport Beach planned for the future use of this
property in accordance with State and local laws and using a community-based process involving a
Council- Citizens Ad Hoc Committee on Marina Park Planning, as established by Resolution 20054; and
WHEREAS, the City Council recognizes the importance of the Marina Park property to the
community and the variety of community needs and desires that can be met with a proposed concept
plan that includes a park and a visitor - serving marina; and
WHEREAS, the City Council wishes to establish community- and stakeholder -based team to
assist in the design of the preferred re -use plan; now, therefore be it
RESOLVED that the City Council of the City of Newport Beach hereby rescinds Resolution 2005-
4 and declares the following:
SECTION 1. ESTABLISHMENT
The City CounciltCitizens Advisory Committee on Marina Park Design (Committee) shall be established
as of the date this Resolution is approved by at least four members of the City Council voting at a duly
noticed meeting of the City Council, and the Committee description attached to this document as Exhibit
A shall be placed in the City's Boards, Committees, and Commissions listing.
SECTION 2. DUTIES
The Committee shall have the following duties:
A. Assist the City Council and City staff in reviewing the work product of consultants hired to design
the Marina Park reuse project;
B. Advise the Council as needed as to community and stakeholder interests associated with the
Marina Park reuse project
SECTION 3. COMPOSITION
The Committee shall consist of the following members appointed by, and serving at the pleasure of, the
Mayor.
Two (2) City Council Members;
One (1) member of the Protect Our Parks organization;
One (1) Harbor Commissioner;
One (1) Parks, Beaches and Recreation Commissioner;
One (1) designee from the American Legion Post 291;
One (1) designee from the Girl Scout Council of Orange County;
Design Contract with Rabben44erman Design for Park + Manna Plan
November 14, 2006
Page 13
One (1) person from an area sailing or rowing organization; and
One (1) neighborhood representative.
SECTION 4 TERM
The term of the Committee shall expire at such time as the design work for Marina Park is complete.
ADOPTED this 14th day of November, 2006.
Design Contract with Rabben/Herman Design for Park + Manna Plan
November 14, 2006
Page 14
EXHIBIT A
CITY COUNCIUCITIZENS ADVISORY COMMITTEE ON
MARINA PARK DESIGN
AUTHORIZATION: Established by Resolution No. 2006-_, adopted on November 14, 2006.
MEMBERSHIP: The Committee shall consist of the following nine members appointed by,
and serving at the pleasure of, the Mayor:
Two (2) City Council Members;
One (1) member of the Protect Our Parks organization;
One (1) Harbor Commissioner;
One (1) Parks, Beaches and Recreation Commissioner;
One (1) designee from the American Legion Post 291;
One (1) designee from the Girl Scout Council of Orange County;
One (1) person from an area sailing or rowing organization; and
One (1) neighborhood representative.
TERM: Shall expire at such time as the design work for the Marina Park Project is
complete.
PURPOSE &
RESPONSIBILITIES:
A. Assist the City Council and City staff in reviewing the work product of consultants hired
to design the Marina Park reuse project;
B. Advise the Council as needed as to community and stakeholder interests associated
with the Marina Park reuse project.
City of Newport Beach
BUDGET AMENDMENT
2006 -07
. =ECT ON
BUDGETARY FUND BALANCE:
Description
Division
Increase Revenue Estimates
X
Account
Increase Expenditure Appropriations AND
8080 Services - Prof & Tech NOC
Division
Transfer Budget Appropriations
SOURCE:
Account
Number
from existing budget appropriations
PX
from additional estimated revenues
Number
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 07BA -026
AMOUNT: 590,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appmpdations to enter into a contract with Rabben /Herman Design for preliminary design
work for the Park + Marina Plan.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Accoun t Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Accoun t Description
EXPENDITUREAPPROPRIATIONS (3603)
Signed:
Finknci Approval: Admi in st 've Services Director
Signed:
Administrative App val: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
590,000.00
~ Date
IDaV
Date
Description
Division
Number
7510 Marina Park Enterprise
Account
Number
8080 Services - Prof & Tech NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Finknci Approval: Admi in st 've Services Director
Signed:
Administrative App val: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
590,000.00
~ Date
IDaV
Date