Loading...
HomeMy WebLinkAbout21 - Fire Station 7 - Design & Construction Support ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 August 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, Principal Engineer 949 - 644 -3328 Ida Ito n @city. newport-bea ch. ca. us SUBJECT: FIRE STATION NO. 7 — APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES RECOMMENDATION: Approve a Professional Services Agreement in the amount of $363,521 with RRM Design Group, and authorize the Mayor and the City Clerk to execute the Agreement. PROJECT DESCRIPTION: The County of Orange has committed $1,600,000 from the Santa Ana Heights Redevelopment Agency (SAH RDA) to the City to construct new a new fire station in Santa Ana Heights. The Fire Department has also obtained a $350,000 grant (pending City Council approval) from the Rancho Santiago Community College District to construct a fire training facility within the City, and has an additional $180,000 allocated to the training facility in FY 2004/2005 Capital Improvement Program. A fire station to serve this area needs to be designed to accommodate at least two units and eight personnel. It will be a minimum 8,000 square foot structure that is occupied 24 hours per day for 365 days per year. The station will include an apparatus room for two fire vehicles, office space, a day room, kitchen facilities, sleeping facilities, bathing facilities, physical fitness facilities, a training /meeting room, and space to accommodate utilities and fire equipment storage. The site will also accommodate a training tower and drill ground area. The three -story training tower will be a 20 -ft by 50 -ft prefabricated steel building that is sited within a space that is adequate to maneuver fire apparatus and personnel during training exercises. This will allow Newport Beach fire personnel a place to train on essential fireground tactics while remaining in the City, available for timely response. SUBJECT: Fire Station No. 7 Design — Approval of Professional Services Agreement with RRM Design Group for Design Services August 10, 2004 Page 2 The intent is to construct the station and training facility upon two adjacent parcels totalling 2.1 acres located at Mesa Drive and Acacia Street (see attached location map). The parcels are currently being acquired by the City. Acquisition should be completed this month, whereupon the occupants will have until December 31, 2004, to vacate the premises. CONSULTANT SELECTION: Staff desires to retain consultant services to design the new fire station and fire training facilities. To do so, professional qualifications were solicited from six firms with known expertise in fire station design and in an advertisement that was placed in the Daily Pilot. Five firms responded. Staff reviewed their qualifications, past experience on similar projects, availability and references, and rated RRM Design Group (RRM) as the most qualified firm to do the work. SCOPE OF SERVICES: RRM has proposed to provide project management; a topographic survey and geotechnical investigation; site analysis; schematic designs; estimates; a rendering, an environmental assessment; design development; contract plans and specifications; and construction support services for the project as specified in their draft Professional Services Agreement attached hereto. The planning will include meetings with City staff, neighboring property owners and managers, and the City Council, as needed. Alternative site development schemes will be explored in order to determine the most desirable site layout and develop consensus among the interested parties as to ease of access and egress, building and parking locations, onsite circulation, aesthetics, landscaping, lighting, etc. FEES: Upon negotiation of services and fees, RRM has agreed to provide a complete scope of planning, design and construction assistance services for $363,521, including survey, geotechnical investigation, and a budget for printing, copying, rendering, and other reimbursibles. Their design and construction support services will extend over the next two years. RRM's fees and hourly rates are included in the draft Professional Services Agreement attached hereto. Funding Availability: Funds to award a design contract are available in the following accounts: Account Name Account Number Amount Fire Station No. 7 7295- C5100569 $1,600,000 Rancho Santiago CC Grant Pending 350,000 Fire Training Facility 7011- C2320715 180.000 TOTAL $2,130,000 SUBJECT: Fire Station No. 7 Design — Approval of Professional Services Agreement with RRM Design Group for Design Services August 10, 2004 Page 3 Because of significant increases in construction costs (steel, drywall, and more) since the time the City, the County, and OCDA entered into a Memorandum of Agreement to fund the stations purchase and construction, we believe the eventual cost to construct the SAH Fire Station and training facilities will be in the range of $3 -4 million. The Agreement assumed a $1.6 million cost. However, we do not believe that we will ultimately have to impact the General Fund for the $1.4 -2.4 million shortfall. Our options for covering the shortfall include: (a) asking the OCDA for additional construction funds; (b) acquiring the SAH RDA (as a part of the Spheres Issues Actions) and providing those funds directly to this Project; (c) using General Funds to cover the shortfall until RDA funds can be used to reimburse the General Fund. Submitted by: P.UBLfC WORKS DEPARTMENT Sfi phen G. Badum, Director Prepared By: 0 Lloyd alton, P.E. Design Engineer Attachments: Location Map Professional Services Agreement IN, bS LOCATION MAP IV, PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR FIRE STATION NO. 7 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 RRM DESIGN GROUP a California corporation whose address is 31831 Camino Capistrano, Suite 200, San Juan Capistrano, California, 92675 -3215 ( "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 plans to construct Fire Station No. 7 in Santa Ana Heights C. City desires to engage Consultant to provide architectural consultant services for Station No. 7 ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Don ller, A.I.A. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 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 Three Hundred Sixty ThreeThousand, Five Hundred Twenty One and no /100 Dollars ($363,521) 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. 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 by City 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 'ra 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 Don Iler, A.I.A., to be its Project Manager. Consultant shall not remove or reassign Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by City's Public Works Department. Lloyd Dalton, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE Q 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 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 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 rd applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his duly authorized designee informed on a regular basis regarding the status and progress of Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's 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 A Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from 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 7 disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on 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 Project. For more detailed requirements, a copy of the City's Standard Design Requirements is available from City's Public Works Department. 18. COMPUTER DELIVERABLES 0 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 Project, for the completion of 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 City's digital submission requirements for Improvement Plans. City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in 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 judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of 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 0 period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to'the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his 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 Project. 26. CONFLICTS OF INTEREST Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to 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: 10 Attn: Lloyd Dalton. P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -33XX Fax: 949 - 644 -33XX All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Don Iler, A.I.A. RRM Design Group 31831 Camino Capistrano, Suite 200 San Juan Capistrano, CA 92675 -3215 Phone: 949 - 608 -4010 Fax: 949 - 608 -4009 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. 11 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. 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. 12 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 By: Mayor for the City of Newport Beach CONSULTANT: LaVonne Harkless, Don Iler, A.I.A. City Clerk Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 FIRE STATION NO. 7 AND TRAINING FACILITY PROJECT UNDERSTANDING The City of Newport Beach wishes to construct a new fire station and training facility in the Santa Ana heights region of Newport's Back Bay to replace the existing temporary Station No. 7 located nearby. The new Fire Station No. 7 and Training Facility is to consist of an approximately 8,000 SF fire station to accommodate two fire vehicles; office space; utilities and fire equipment storage; firefighter living quarters; physical fitness facilities to accommodate 8 personnel and a 50 person meeting / training classroom. The Training Facility is to accommodate drill areas, space to maneuver around future training tower and design of concrete pad and footings to accommodate a future 3 -story pre- fabricated training tower to be supplied by others. RR AI will coordinate work to the training tower through the City of Navport Beach. Included in our :cope will be the design of electrical systems within the tower including light and power at direction of City. Site work ii to include surveying existing site and preparing plans for the demolition of existing on -sire improvements, grading and preparation for the new Fire Station and Training Facility. The site hill also include deep front and rear aprons and a drive- through apparatus bay. On site parking for personnel and meeting/ classroom is to be provided for. The Fire Station and 'Training Center's location of Santa Ana Heights is an important factor in the design of the new station. A building design complimentary of the existing neighborhood in materials, colors and massing will be a goal for the new Fire Station No. 7 and Training Center. SCOPE OF WORK AND TASKS PLANNING PHASE Task A: Proiect Management Plan and Pre - Design Approach: The project management plan will seine as the road map for the work ahead. Tlus report is the result of MZAI's research and discussions with the City and Fire Department Committee Representatives. The report w ll focus on project goals and procedures. 'The goals will be: budget, time, aesthetics and function. The procedures «ill be: key contacts for information or decisions, anticipated `events' for approval and regulator agency requirements. The report will also include the overall project schedule and focused schedules for each main task. Early discussions regarding the scheduling for planning and design review submittals mill be `key' to the project schedule. Products: • i\lanagcment Plan containing project goal statements, project director' and management procedures • An outline of the primary components of the project design and construction budget • Refined critical path timeline for design, production and approval of the project Meetings: One (1) meeting RRM DESIGN GROUP Page 1 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 Task B: Program Refinement and Site Analvsis Approach: The RRM Team will formulate a clear program statement that will serve as a `basis of design' for the facility. Through a series of meetings with the City and Fire Department Committee, RRM will generate site analysis exhibits, current and future space and equipment needs, address safety and security requirements and functional relationships. The completion of a comprehensive equipment and furnishings Est, which will include the design criteria for future apparatus or support equipment, fire training needs and furnishings, is critical to verifying the program. The program statement will also state specific goals and priorities concerning energy efficiency, sound attennnation and maintainability of materials. 'Pie program will inchide component room diagrams, which lay out enneial design components such as turnout gear storage, kitchen design and sleeping layouts. The component diagrams enable all City/ Fire Department personnel to envision the individual spaces graphically; not just as a written Est. A site plan exhibit will be generated to depict the sun orientation, wind direction, noise sources (airplane traffic from John Wayne Airport), views that will affect the site layout, zoning setbacks; maxinntm allowable building areas and vehicle access that will affect building massing, placement and maneuverability. Products: • final project Program report • Site Analvsis Arrangement Plan Meetings: • Two (2) Team Programming meetings to evaluate the operational fitnctions of this station • One (1) Project Team meeting to review final Project Program report and Site Analysis Arrangement Plan Task C: Geotechnical Investigation Approach: Our team's Geotechnical Consultant will provide geotechnical services to gather known information about the site, obtain undisturbed soil samples (two CPI's, three borings), perform laboratory tests on tic samples and provide an engineering analysis of all field and lab data. This engineering analysis will discuss the site and underlying soils as well as the seismicity of the site and associated risks involved in developing tie project at this locations. The Geotechnical Report will provide soil profiles and sections, foundation and differential settlement assumptions, lateral pressures, subsurface water elevations, suitability of on -site soils for backftll, a plot plan showing boring locations and soils bearing pressure recommendations for different types of foundations and pavement sections that may be appropriate. Geotechnical investigation shall run concurrently with Task B — Program Refinement and Site Analysis. Geotechnical Consultant \vill review plans as needed at end of Construction Documents phase as required by the City Building Department for general compliance of plans to Geotechnical Report. Products: Geotechnical Engineering Report Meetings: One (1) at site with Gcotechnical Consultant and City Building Department Representative RRM DEUGN GROUP Page 2 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 DESIGN PHASE Task D: Building and Site Schematic Design Approach: Based on the Project Program and Site Analvsis Arrangement Plan, the RRM Team will produce one (1) site and building arrangement plan. It will reflect the primary arrangements of the site and form of the building and proposed future training tower and facility. Key will be the efficient movement of apparatus to and from the site, relationship of the living and sleeping rooms to the apparatus bays and movement of apparatus around the proposed training ground and tower by City. Following direction on the site layout, RRM will produce one (1) floor plan layout based on the site arrangement study developed. A working meeting with the City and Fire Department Nvill be used to refine the floor plan design. Based on decisions from the floor plan review, two (2) exterior design concepts will be presented for review of the station. The exterior building elevations will show material options, roof profiles, building style and colors. A working meeting with the Ciry and Fire Department will be used to select and refine the exterior building elevations and become the basis of design for future phases. Included during this task will be review/ comments on the Gcotechnical Report completed previously. The schematic design task will also include an opinion of probable cost based on major systems, building components and RRM's knowledge of similar scale and designed projects. During schematic design it is anticipated that RRN1 will attend and present design solutions to neighborhood community and City Council groups. One (1) water color rendering of the building will be completed for use in presentations to the above groups, A site survey will be completed during this phase and used as a base map for demolition plans and proposed new work. Research of existing utility information will also be included in this task. Products: • Schematic Design: Building floor plans, elevations and site plan • Site survey and topographic map • Written outline specifications briefly describing the engineered systems anticipated to be used in the building. • Schematic Design cost estimate • One (1) water color rendering Meetings: • Three (3) working meetings with the City Team to refine the selected site plan, floor plan and eSterior elevations schemes • Two (2) neighborhood design review meetings • One (1) City Council meeting RRM DESIGN GROUP Page 3 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 Task E: Environmental Documentation Approach: RRM's Environmental Consultant will perform a preliminary CEQA review to determine the appropriate CEQA documentation. The Environmental Consultant will coordinate these efforts with the City to identify local issues. After preliminary review, RRM's Environmental Consultant will prepare appropriate CEQA documentation as well as attend up to two (2) public meetings/ hearings to respond to questions in the environmental documentation. The Environmental Consultant Nvilh prepare an analysis following the State CEQA checklist as well as discussion of all of the topics contained in the checklist based on current CEQA law. Of primary concern is the City's water quality regulations and it is assumed to be the focus of the Environmental Consultant's CEQA documentation efforts. Environmental documentation «ill run concurrently with Task B — Program Refinement and Site Analysis. Products: • Notice of Intent to Adopt a Negative Declaration • Mitigation Monitoring Program • Final IS/ Negative Declaration • Notice of Determination Meetings: • Two (2) staff meetings attended by Environmental Consultant • Two (2) public meetings or hearings as required Task F: Design Development Approach: The priman- intent of this phase is to determine the exact size, profile and character of the building design and training facility and to start the Construction Documents. RRM and the Consultant Team will use this very intense phase of the work to pull together all the components and make the crucial engineering and material decisions. Client participation in this process is important because the decisions made during this phase will have to balance the cost of construction with the livability and maintainability of the building. An itemized cost estimate in CSI format will be generated based on the design development drawings. Products: • Building and site improvement design development documents including preliminary door and window schedules, interior finish schedules, roof plans and building sections • Outline product specifications with Table of Contents and Part 2, product listing • Product cut sheet binder of selected plumbing, mechanical and electrical components • RcvicNv of draft general requirements (based on City provided front -end documents) • Itemized construction cost estimate in CSI format • Design of all engineered systems including structural design with rough member sizing, rough mechanical layout, rough plumbing layout and fixture schedules, rough electrical design and fixture schedules RRNI DESIGN GROUP Page 4 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 Meetings: Three (3) meetings with Project Team to review all design development progress, products and cost estimate. Task G: Construction Documents Approach: RRM and our Consultant Team will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the 2000 CBC as amended by the City of Newport Beach and other applicable and current local codes. The building (excluding the Training Tower) is required to meet the requirements of an essential services facility as described in the State of California Essential Services Requirements. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. RRM anticipates submittals at 50 %, 90% and 100% completion of Construction Documents. The 50% submittal shall include 50% complete drawings and reports. The 90% submittal shall include 90% complete drawings, reports and a cost estimate and will be submitted to the Building Department for Plan Check. A detailed cost estimate will be generated at the 50 n and 90% stage of Construction Documents. After review by the City the 90", plans (and any completed corrections in response to Agencies review) shall be submitted to the Building Department for building permit check. Upon receiving plan check comments, RRM and the Consultant Team will respond to plan check comments and resubtr t for building permit issuance. The plans incorporating City plan check comments shall be considered the 100 °o plan set. Products: • Complete building and site improvement construction drawings • Complete technical specifications • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation • Construction cost estimates at 50% and 90% progress in CSl format • T -24 Energy Analysis Meetings: • One (1) Construction Document kickoff meeting with Design Team and City • One (1) 50% Construction Document meeting with Design Team and City • One (1) meeting to present 90% Construction Document package to Design Team and Ciq RRNt DEq]GN GROUP Page 5 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Fa( July 23, 2004 CONSTRUCTION PHASE Task H: BiddinQAssistance Approach: During the bidding process, speed and accuracy are crucial. \With most disciplines in -house and local, the RRM approach is to establish the means to quickly respond to the contractors' requests as well as client - initiated revisions. Products: • Assistance in clarifications and addenda • Pre -bid review meeting minutes • Interpretations of Contract Documents in answering bidder's questions • Review of bid results and consulting with City on award of contract Meetings: • One (1) Pre -bid meeting • One (1) Bid opening Task I: Construction Administration Approach: During construction prompt response to contractor's request for information, submittal review and clarifications is critical. The RRIVI approach is to establish the means to quickly respond to the contractor's requests. Services to include: • Attendance at Pre - Construction meeting at die site • Bi- weekly on -site review of construction progress with field reports attended by Architect • Construction progress review by consultants at rough -in stages • Submittal/ shop drawing review • Product substitution review (limited to 5 total) • Clarifications/ field questions/ requests for information response • Review of Contractor Applcation for Payment • Preparation of change orders/ architect's supplemental instructions if necessary • Final walk- through and punch -fist; establishment of Date of Substantial Completion Exclusions: The folloNving ser6ces are excluded from our scope and fee: • Off -site drainage • Design of training tower other than foundation and utility stub ups • Hazardous materials/ asbestos abatement or evaluation • Environmental documentation beyond those specifically called out for in Task L • Traffic, noise or air quahty studies • Preparation of any easement documents • Coastal commission documentation and presentations • Presentations to City Planning Commission RRNI DESIGN GROUP Page 6 of 7 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 • Construction staking • Street improvement/ signalization plans • Fire sprinkler drawings/ calculations other than riser location and performance specification section • Permit/ Plan Check/ Agency fees • Specialized foundation system (i.e. pier/ pile/ mat/ post- tensioned) other than assumed conventional spread footing/ slab on grade system • Independent verification of accuracy of City - provided information • Reproduction of plans for bidding and construction other than regular progress submittals RRNI DESIGN GROUP Page 7 of 7 02 V/0 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 COST SUMMARY FOR BASIC SERVICES * PLANNING SERVICES TASKS Building and Schematic Design FEES Task A Project Management Plan and Pre - Design $ 1,480 Task B Program Refinement and Site Analysis $ 9,520 Task C Geotechnical Investigation $ 14,565 DESIGN SERVICES Task D Building and Schematic Design $ 40,445 Task E Environmental Documentation and $ 9,095 Permitting Task F Design Development $ 47,821 Task G Construction Documents $ 160,989 CONSTRUCTION SERVICES Task I -1 Bidding $ 12,334 Task I Construction Administration $ 49,772 Basic Services Fee Subtotal (Tasks A -I): * *$ 346,021 * This fee includes services beyond A.I.A. defined `Basic Services' which includes Cost Estimation, Geotechnical Investigation, Environmental Documentation, Civil Engineering and Landscape Architecture. Not including reimbursable. Reimbursable budget to be $17,500. RRM Design Group reimbursable expenses shall include photocopies at $.20 per copy. All other types of RRM Design Group reproductions such as blueprinting, process camera, typesetting and printing shall be billed at the local vendor's current rate plus 10% to cover our overhead and administrative expenses. RRM DESIGN GROUP Page 1 of 1 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facili July 23, 2004 HOURLY FEE SCHEDULE Following is an itemized hourly fee schedule to be used as the basis for additional services if required/ requested bt' the City of Newport Beach: RRMDesign Group Team Members Mary McGrath, AIA Don Iler, AIA Rubio Medina Laura Forre:rer Cameron Norwood Paige Chastain Brine l lannegan Dasse Design Team Members Principal Project Manager/ Senior Project Engineer Project Engineer Staff Engineer Cad Technician Technician/ Clerical GLP Engineering Team Members Principal Associate Project Manager Design Drafter Technical 1\pist RBF Consulting Team Members Senior Principal Principal Project Director Project Manager Structural ingineer Electrical Hngineer Senior En,,inccr/ Senior Planner Project Engineer/ Project Planner Enrironmcntal Specialist Corrosion l'.ngincer Desi,ni Engineer/ Senior Designer / Dlapper Desime•r/ Planner Job Des_ ri. tions Principal in Charge Project Architect Project Manager Design 1 Design I Clerical Landscape Designer RRr1 DESIGN GROUP Page 1 of 2 Bill Rate/ Hr $ 160.00 $ 145.00 $ 90.00 $ 68.00 $ 68.00 $ 60.00 $ 90.00 Bill Rate / 14 $ 150.00 $ 100.00 - 120.00 $ 85.00- 100.00 $ 75.00 -85.00 65.00 -85.00 $ 45.00 55.00 Bill Rate/ Hr $ 135.00 $ 115.00 $ 100.00 $ 95.00 $ 55.00 Bill Rate/ Hr $ 210.00 $ 185.00 $ 164.00 $ 144.00 $ 144.00 $ 126.00 $ 122.00 $ 110.00 $ 106.00 $ 106.00 $ 102.00 $ 88.00 CITY OF NEWPORT BEACH Fire Station No. 7 and Training Facility July 23, 2004 GIS Analyst $ 85.(10 Graphic Artist $ 77.00 Environmental Analyst/ Staff Planner $ 76.00 Design Technician $ 74.00 Assistant Engineer/ Planner $ 70.00 Engineer Aid/ Planning Aid $ 57.00 Clerical/ Word Processor $ 50.00 2- Person Survey Crew $ 196.00 1- Person Survey Crew $ 138.00 Field Supervisor $ 130.00 NJFAssociates Team Members Bill Rate/ Hr Principal Construction Cost Consultant $ 100.00 John Douglas and Associates Team Members Bill Rate/ Hr Principal $ 90.00 GPI Team Members Bill Rate/ Ht Staff Engineer/ Geologist $ 96.00 Project Engineer/ Geologist $ 106.00 Senior Engineer/ Geologist $ 129.00 Associate $ 161.00 Principal $ 195.00 Senior Technician $ 77.00 Technician II $ 68.00 Assistant Technician I $ 51.00 Field Technician $ 87.00 Field Technician - Overtime $ 103.00 Technical Illustrator $ 78.00 Word Processor/ Sr. Clerical $ 61.00 Clerical $ 44.00 Field Vehicles with test equipment RRM DESIGN GROUP Page 2 of 2 $ 7.00