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HomeMy WebLinkAboutC-3897 - PSA for Marina Park Design ServicesAMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR MARINA PARK DESIGN SERVICES M THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 25th day of November, 2014 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RABBEN(HERMAN DESIGN OFFICE LTD, a California corporation ("Consultant'), whose address is 833 Dover Drive, Suite 9, Newport Beach, California 92663, and is made with reference to the following: RECITALS A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ("Agreement') for preparation of permitting support, design development, construction documents, and construction observation services for the Marina Park Project. ("Project'). B. On June 6, 2011, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement and to increase the total compensation. C. On May 24, 2013, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, to increase the total compensation, and to update insurance requirements. D. City desires to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated September 3, 2013 and revised May 22, 2014 and October 21, 2014, attached hereto as Exhibit A and incorporated herein by reference ("Services" or ' Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million Seven Hundred Forty One Thousand Six Hundred Two Dollars and 501100 ($2,741,602.50), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twenty Thousand Seven Hundred Forty Two Dollars and 001100 ($120,742.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Rabben(Herman Design Office LTD Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: I ( 1 17-V By: vw Q -,— Aaron C. Harp CAM %%11011'4 City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: t1. 2:. t By: _':: Rush N. Hill, II. Mayor CONSULTANT: Rabben/Herman Design Office LTD, a California corporation Date: By: 6d4j� �, I �J r Leilani I. Brown /Iiam Rabb n City Clerk President Attachments Date: ByJ4-k� -.1n� man Vice President / Treasurer [END OF SIGNATURES] Exhibit A - Scope of Services Dated September 3, 2013 (Revised May 22, 2014 and October 21, 2014) Rabben/Herman Design Office LTD Page 3 :VA M 11"01 k IVA Rabben/Herman Design Office LTD Page A-1 Professional Services Supplemental Authorization #3 Cumulative Date: September 3, 2013 (revised May 22, 2014 & October 21, 2014) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 R/Hdo Job No.: 2009.014 Project Scope of Services: As the Packages are being finalized, we have been working to get closure on the scope and billing in the contract. Based on our discussion, we plan on reallocating some of the remaining tasks to close out hourly tasks that have additional unbilled hours. This PSS brings together several specific items that have been added to the overall design scope to facilitate processing of the changes: Each Item is described briefly below: Item 1 Water Line Replacement Plans (Fuscoe RCO #8 ) [Completedl After reviewing the cost alternatives, and requirements of the site design, the City has elected to replace the existing 16" Water Main that runs through the site. This will require plans, profiles and sections. Item 2 SCE Parcel Additions tCompletedl This Item covers all of the scope to incorporate the SCE Parcel into the project, including change to the Site Plan, Hardscape, Layout, Irrigation, Planting, Grading, Lighting, Erosion Control, SWPPP, hydrology calculations, LEED Calculations and supplementary materials, including revising the parking management plan exhibits and other documents for re -submittal to the California Coastal Commission. This does not include any additional revisions to the materials for subsequent submittals to the Coastal Commission. Item 3 Low Voltage Design [Completed] Develop Design Build performance plans and specifications for Surveillance/CCTV. Telecommunications and Access Control cabling, device, equipment and infrastructure. Item 4 Cal Green Commissioning Prepare and provide items (above and beyond LEED fundamental Commissioning) as required by the CaiGreen Code Commissioning requirements Item 5 Cafe and Other Building Revisions[Completed] Prepare exhibits to assist with the leasing of the cafe space. Revise plans to reflect new operational considerations. Incorporation of slide into Lighthouse building. Adjustments and revisions to utilities based on owner's inputs. Item 6 Wi-Fi support from Package 3 While the provision of Wi-Fi for the Visiting Vessel Marina was not a part of the initial scope for the overall project, the advances in the technology, have made it a requirement. Although it was conceived as a part of the Package 4 improvements, since that included all of the other utilities on the dockside, a review of the solutions has made it clear that the most practical solution is to include it as a part of Package 3. It will need to be integrated into the building, and the supporting conduit provided. Item 7 Sailing Program Dock Revisions) [Completedl Final review of the dock layouts, operational requirements, fixtures and furnishings identified a number of adjustments and revisions to the 90% Construction Documents. Late changes also require additional time to revisit and re -review the plans by the remaining stakeholders, as well as update budgets, inventories and schedules. We expect to prepare a schematic plan, conduct a review meeting with the stakeholders, and then implements the changes through the construction documents, to finalize them for submittal to the building department. Rabben/Herman Design Office Item 8 Additional Package 2 Construction Observation) (Completed] Supplemental Construction Observation time to address unknown or un expected conditions that arose during construction. Items included: Tieback adjustment and redesign, wall creep, Legion groin wall and cap, revised railing detail at wall cap step. Item 9 Additional Package 3 Construction Observation) [Completed] Extended CA coordination for Soil Voids: Added site visit and extended email coordination from architect and structural engineer that goes beyond contracted Construction Observation and Administration to coordinate and assist in resolving the found conditions at the site. Item 10 Modifications for the Cafe Tenant Modify Construction Documents to incorporate changes required by tenant. Expand area of kitchen and provide storage area for expanded service requirements. Separate meters for tenant gas and electric usage. Item 11— Construction Observation for Civil Engineering Allocate Time for Construction Observation and review by Civil Engineer (omitted from Original Contract). Hours to cover some of the time required to process additional service agreements Terms and Conditions All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS Compensation Item Totals 1 Water Line Replacement Plans $5,950.00 2 SCE Parcel Additions R/Hdo $9,050.00 BFA $5,565.00 Fuscoe $7,560.00 Total SCE Parcel Additions $22,175.00 3 Low Voltage System Design $12,255,00 4 TK1SC CalGreen Compliance $5,600.00 5 Cafe Revisions $8,575.00 6 WiFi Support R/Hdo $1540.00 BFA $1,550.00 Total WiFi Support $2,350.00 7 Sailing Program Dock Revisions R/Hdo $3,500.00 M & N $7,460.00 Total Dock Revisions $10,960.00 8 Additional Package 2 Construction Observation R/Hdo $3,960.00 M & N $17,057.00 Total Add. Package 2 CO $21,420.00 9 Additional Package 3 Construction Observation BFA $1,660.00 STB $510.00 R/Hdo $1,130.00 Total Add, Package 3 CO $3,180.00 10 Shell Modifications for Cafe Tenant BFA $1,690.00 TK1 SC $3,300.00 OMB $1,200.00 Fuscoe $1,100.00 Total Shell modifications $6,190.00 11 Construction Observation for Civil Engineer $12,000.00 12 Proposal Preparation and Revision $1,400.00 Rabben/Herman Design Office Sub Consultant Management (5%) $4,650.00 Increase in Allowance for Reimbursables $1,600.00 GRAND TOTAL $120,742.00 Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement 3, this service shall become part of Agreement. Sincerely, Dan Herman RabbenlHerman Design Office AGREED: Title: Date: City of Newport Beach CITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644-3323 TITLE: Amendment No. 3 to Professional Services Agreement with Rabben/Herman Design Office for Additional Marina Park Design Services (CAP09-0070) ABSTRACT: Rabben/Herman Design Office (RHDO) has been retained to provide professional design services for the Marina Park Project. Staff recommends approval of Amendment No. 3 to the Professional Services Agreement (PSA) with RHDO to allow for additional design services for the balance of the project. RECOMMENDATION: Approve Amendment No. 3 with Rabben/Herman Design Office of Newport Beach, CA for additional professional design services for the Marina Park Project at a not -to -exceed price of $120,742.00 and authorize the Mayor and City Clerk to execute Amendment No. 3. FUNDING REQUIREMENTS: There are currently adequate funds within the Marina Park Project Account No. 7411-C4002002 to cover this amendment. Contract costs will be expensed as follows: Vendor Purpose Amount Rabben/Herman Design Office PSA Amendment No. 3 $ 120,742.00 Total: $ 120,742.00 DISCUSSION: On July 27, 2010, City Council approved a PSA with Rabben/Herman Design Office to provide professional design services for the Marina Park Project. Subsequently, Amendment No. 1 was entered into on June 6, 2011, and Amendment No. 2 on May 24, 2013. RHDO has since completed the design for Package 1 (Demolition and Tree Relocation), Package 2 (Marina Basin), Package 3 (Buildings and Site Development), and is nearing design completion for Package 4 (Docks). In conjunction with design, RHDO has been providing on-going construction support12-1 services. Due to various directed or required project changes and unforeseen events, additional funds are being requested to address the following key elements: 1. The acquisition of SCE parcel located at 1516 W. Balboa Boulevard, and incorporation of the parcel into the overall Marina Park project design. The acquired parcel is being used to expand the easterly parking lot to provide an additional 20 spaces and provide additional open space and landscaping. 2. The inclusion of low voltage wiring and Wi-Fi design for the new Marina. While low -voltage wiring and Wi-Fi design for the new Marina is typically incorporated into the project as a separate design -build item, staff recommends incorporating those features into the current base Rabben/Herman contract at this time so as to minimize the potential of conflicting facilities. 3. Restaurant and kitchen reconfiguration to optimize usable space for the future tenant. 4. Sailing program basin improvements reconfiguration to facilitate future programming needs. 5. Additional construction observation support. Due to the complexity and added time associated with soil densification as well as the tieback and concrete sheet pile installation, we requested additional support from the design team to address unforeseen conditions, and ensure the integrity of the improvements. 6. CalGreen Commissioning, water main improvements, and other minor design enhancements/modifications to the overall design. Staff has negotiated a not -to -exceed cost of $120,742.00 to complete the work listed above, and more specifically stated in Amendment No. 3 scope of services. With this Amendment, the total Professional Services Agreement contract amount with RHDO will be $2,741,602.50. The current status of the Marina Park project is that construction is progressing well and the project is still on schedule and under the estimated budget, which is an "all -in" amount of about $39,500,000. Hard construction costs for the project are estimated at about $29,500,000 of this amount. Construction for Package 1 (Demolition of the Marina Park Coaches, removal of utilities, more) has been completed, with Package 2 (Construction of the Marina Basin) receiving substantial completion in October 2014. Package 3 (Construction of the community center, sailing center, park, and restrooms) is on schedule for completion by Spring 2016 as planned, but is currently tracking a bit ahead of schedule. The last and final design package, Package 4 (Construction and installation of the marina docks), will be advertised for construction bids by the end of Year 2014. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Amendment No. 3 to the PSA with Rabben/Herman Design Office Attachment B - Current Master Project Cost Summary 12-2 ATTACHMENT A AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR MARINA PARK DESIGN SERVICES THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 6th day of November, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and RABBEN/HERMAN DESIGN OFFICE LTD, a California corporation ("Consultant"), whose address is 833 Dover Drive, Suite 9, Newport Beach, California 92663, and is made with reference to the following: RECITALS A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ("Agreement") for preparation of permitting support, design development, construction documents, and construction observation services for the Marina Park Project. ("Project"). B. On June 6, 2011, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement and to increase the total compensation. C. On May 24, 2013, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, to increase the total compensation, and to update insurance requirements. D. City desires to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated September 3, 2013 and revised May 22, 2014 and October 21, 2014, attached hereto as Exhibit A and incorporated herein by reference ("Services" or 12-3 "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million Seven Hundred Forty One Thousand Six Hundred Two Dollars and 50/100 ($2,741,602.50), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twenty Thousand Seven Hundred Forty Two Dollars and 00/100 ($120,742.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Rabben/Herman Design Office LTD Page 2 12-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: It 117- By:aqVI Aaron C. Harp (AM %%I��I�ti City Attorney ATTEST: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II. Mayor CONSULTANT: Rabben/Herman Design Office LTD, a California corporation Date: By: By: Leilani I. Brown William Rabben City Clerk President Date: By: Dan Herman Vice President / Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Dated September 3, 2013 (Revised May 22, 2014 and October 21, 2014) Rabben/Herman Design Office LTD Page 3 12-5 EXHIBIT A SCOPE OF SERVICES Rabben/Herman Design Office LTD Page A-1 12-6 Professional Services Supplemental Authorization #3 Cumulative Date: September 3, 2013 (revised May 22, 2014 & October 21, 2014) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 R/Hdo Job No.: 2009.014 Project Scope of Services: As the Packages are being finalized, we have been working to gel closure on the scope and billing in the contract. Based on our discussion, we plan on reallocating some of the remaining tasks to close out hourly tasks that have additional unbilled hours. This PSS brings together several specific items that have been added to the overall design scope to facilitate processing of the changes: Each Item is described briefly below: Item 1 Water Line Replacement Plans (Fuscoe RCO #t8 ) (Completed) After reviewing the cost alternatives, and requirements of the site design, the City has elected to replace the existing 16° Water Main that runs through the site. This will require plans, profiles and sections. Item 2 SCE Parcel Additions (Completed) This Item covers all of the scope to incorporate the SCE Parcel into the project, including change to the Site Plan, Hardscape, Layout, Irrigation, Planting, Grading, Lighting, Erosion Control, SWPPP, hydrology calculations, LEED Calculations and supplementary materials, including revising the parking management plan exhibits and other documents for re -submittal to the California Coastal Commission. This does not include any additional revisions to the materials for subsequent submittals to the Coastal Commission. Item 3 Low Voltage Design (Completed) Develop Design Build performance plans and specifications for SurveillancelCCTV. Telecommunications and Access Control cabling, device, equipment and infrastructure. Item 4 Cal Green Commissioning Prepare and provide items (above and beyond LEED fundamental Commissioning) as required by the CalGreen Code Commissioning requirements Item 5 Cafe and Other Building Revisions(Completedl Prepare exhibits to assist with the leasing of the caf6 space. Revise plans to reflect new operational considerations. Incorporation of slide into Lighthouse building. Adjustments and revisions to utilities based on owner's inputs. Item 6 Wi-Fi support from Package 3 While the provision of Wi-Fi for the Visiting Vessel Manna was not a part of the initial scope for the overall project, the advances in the technology, have made it a requirement. Although it was conceived as a part of the Package 4 improvements, since that included all of the other utilities on the dockside, a review of the solutions has made it clear that the most practical solution is to include it as a part of Package 3. It will need to be integrated into the building, and the supporting conduit provided. Item 7 Sailing Program Dock Revisions) (Completedl Final review of the dock layouts, operational requirements, fixtures and furnishings identified a number of adjustments and revisions to the 90% Construction Documents. Late changes also require additional time to revisit and re -review the plans by the remaining stakeholders, as well as update budgets, inventories and schedules. We expect to prepare a schematic plan, conduct a review meeting with the stakeholders, and then implements the changes through the construction documents, to finalize them for submittal to the building department. Rabben/Herman Design Office 12-7 Item 8 Additional Package 2 Construction Observation) [Completedl Supplemental Construction Observation time to address unknown or un expected conditions that arose during construction. Items included: Tieback adjustment and redesign, wall creep, Legion groin wall and cap, revised railing detail at wall cap step. Item 9 Additional Package 3 Construction Observation) [Completed] Extended CA coordination for Soil Voids: Added site visit and extended email coordination from architect and structural engineer that goes beyond contracted Construction Observation and Administration to coordinate and assist in resolving the found conditions at the site. Item 10 Modifications for the Cafe Tenant Modify Construction Documents to incorporate changes required by tenant. Expand area of kitchen and provide storage area for expanded service requirements. Separate meters for tenant gas and electric usage. Item 11— Construction Observation for Civil Engineering Allocate Time for Construction Observation and review by Civil Engineer (omitted from Original Contract). Item 12— Supplemental Time for Compiling, Preparing, and Revising Additional Services Allocation of 10 additional Hours to cover some of the time required to process additional service agreements Terms and Conditions All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS Compensation Item Totals 1 Water Line Replacement Plans $5,950.00 2 SCE Parcel Additions RIHdo $9,050.00 BFA $5,565.00 Fuscoe $7,560.00 Total SCE Parcel Additions $22,175.00 3 Low Voltage System Design $12,255.00 4 TK1 SC CalGreen Compliance $5,600.00 5 Cafb Revisions $8,575.00 6 WiFI Support RIHdo $1540.00 BFA $1,550.00 Total WiFi Support $2,350.00 7 Sailing Program Dock Revisions R/Hdo $3,500.00 M & N $7,460.00 Total Dock Revisions $10,960.00 8 Additional Package 2 Construction Observation RIHdo $3,960.00 M & N $17,057.00 Total Add. Package 2 CO $21,420.00 9 Additional Package 3 Construction Observation BFA $1,660.00 STB $510.00 RIHdo $1,130.00 Total Add. Package 3 CO $3,180.00 10 Shell Modifications for Cafe Tenant BFA $1,690.00 TK1SC $3,300.00 OMB $1,200.00 Fuscoe $1,100.00 Total Shell modifications $6,190.00 11 Construction Observation for Civil Engineer $12,000.00 12 Proposal Preparation and Revision $1,400.00 RabbenlHennan Design Office 12-8 Sub Consultant Management (5%) $4,650.00 Increase in Allowance for Reimbursables $1,600.00 GRAND TOTAL $120,742.00 Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement 3, this service shall become part of Agreement. Sincerely, Dan Herman Rabben/Herman Design Office AGREED: Title: Date: City of Newport Beach FMOA, W Z LU 75 S U Q H H Q m R 0 N r 0 C y N C d O O > N y U L E N U N ? C O m c N > LL V a N 0 w F O CO) O¢ U C 0 m LL U V coo W G ? c Q U m m.L m O U m v d d y 12 M m mE o o £ E E O L 0 m E w c o E c y Y N o c. E c 2 v o mj. 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'�°Jo c a -0' -0 U -0 '0 0 c o o y Z 6 0 0 0 0 0 0 0 0 p 0 0 00 m Z c m 0 Z 2 O D7 C D7 D7 m D7 > C O W Ol C O c m c c c c c c 2 O y O 0 E o W o fq W0 E U 'OO L C U L L L L E U D L L U U '00 Z J1 y a f d f c U m c U U U U o� c U U o a s K W ¢ JQ y p c m 2 c m U c m p c m 7 > FO K U O v y F y F � 'o> E N 'a E i;.� 'a E y :o� E LL K W 7 4 U O O W O 2�' W 0 W O It W 0( W y F F c W ¢ a Q L) a ¢ ¢ ¢ pc W w Y U 2W V WZ U U U U F O vmw=¢ a a a x a F a LL N f0 M O @ d O 'O N tD R 0 N r e -389 7 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE FOR MARINA PARK DESIGN SERVICES THIS AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. Two") is made and entered into as of this 24TH day of May, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and RABBEN/HERMAN DESIGN OFFICE, a California corporation ("Consultant"), whose address is 833 Dover Dr., Suite 9, Newport Beach, California 92663 and is made with reference to the following: RECITALS A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ("Agreement") for preparation of permitting support, design development, construction documents and construction observation services for the Marina Park Project ("Project"). B. On June 6, 2011, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not included in the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, to increase the total compensation and to update insurance requirements. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated July 26, 2012 and revised April 18, 2013, which is attached hereto as Exhibit `A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million Six Hundred Twenty Thousand Eight Hundred Sixty Dollars and 50/100 ($2,620,860.50) 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." 3. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: 'Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RABBENMERMAN DESIGN OFFICE Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S`//6/ 13 By: 4 (f , Aaron C. Harp City Attorney ATTEST: Date: By: DAv-, , Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, A California municipal corporation Date: 612 Va By: Keith D. Curry Mayor CONSULTANT: RABBEN/HERMAN DESIGN O FILE, a California corporation Date: La4iel W Vi Pr id t d Treasurer ce es en an 04 �tiWPpR � U [END OF SIGNATURES] C7C FO RNP Exhibit A — dated July 26, 2012 and revised April Exhibit C — Insurance Requirements 18, 2013 RABBEN/HERMAN DESIGN OFFICE Page 3 EXHIBIT A SCOPE OF SERVICES ...... . , DESIGN.OFFICE Page Professional Services Supplemental Authorization #2 (Revised) Cumulative Date: July 26, 2012 (revised April 18, 2013) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 RIHdo Job No.: 2009.014 Project Scope of Services: This PSS accumulates a number of changes in scope that have occurred in the year leading up to the approval, with conditions, by the California Coastal Commission, as well as adding additional scope that will facilitate obtaining the Coastal Development Permit. Some of these scope items were previously submitted to the City as Professional Services Supplemental Authorizations (PSS) numbers 2, 3 and 4, Addressing the Conditions of the Coastal Commission approval represents the second major component of this PSS. The third component is includes tasks added to the original agreement. Each Item Is described briefly below: Line Item 1 Previous PSS#2 - Savings by design This PSS is for the additional work involved in participating in Southern California Edison's Savings By Design program. Some of this effort is an increase in scope, and the remainder is work that would have been conducted as a part of the Design Development Phase in our existing contract. For the latter work, this agreement will serve as a notice to begin performing the work prior to the conclusion of the Schematic Design Phase. It is anticipated that the SCE rebates to the design team will be adequate to cover the additional work and the amount of the rebates will be applied to the work billed to this PSS. Line Item 2 Previous PSS#3 -19th Street Restroom and Mat Foundation This PSS covers the necessary effort to include the 19'1 Street Restroom building in the Design Development through Construction Phases of the work being completed under our existing Marina Park contract, as well as prepare a preliminary structural design for an alternative mat foundation system for Buildings 1 and 2. Line Item 3 Prevlous� PSS#4 , Photovoltaic System Adaptation This PSS covers the preparation of architectural, electrical, construction documents, specifications and structural review of PV systems' engineers' oaks and attachment details, for a 50 kW Photovoltaic (PV) Generating System mounted on the roof of buildings 1 & 2 of the Balboa Center building. Line Item 5 - Restroom Chases 3 of the four restrooms on the project will need to be revised to accommodate expanded chase spaces for maintenance. Line Item 6 - Tower Deletion Revise the Building Plans and elevations to show the lowered tower height required by the Coastal Commission Line Item 7 - Expanded AV Consultant Scope Original contract Included limited scope for AV Design for Community Center- City Direction requires adding a consultant, and scope for coordination, Line Item 8 - Updated Design Development Drawings for CDP Application The Coastal Development Application will require a set of Design Development Plans that reflect the desired architectural changes, This involves updating the CAD base, & replotting the Landscape and Civil plan sets. RabbenlHerman Design Office Line item 9— Street Improvements at 171h Street The revisions to the curb and parking will require additional survey work and additional drawings, Line Item 10 Soil Remediation Diagram Preparation of a preliminary plan showing extent of sol[ remediation required by City Geotechnical report. Drawing is for coordination and to clarify contract requirements. Line Item 11- Construction Stagmg Plan Prepare Plan indicating the nature of the impacts to the public access to the sandy beach. Specific requirements per the CDP Conditions Line Item 12 - Traffic Control Plan Prepare Plan Indicating the nature of the impacts to the public paths. Specific requirements per the CDP Conditions, flit IMM W O Ovynfl fi u L k0l"C11,4U 4R 1VYV1=)1k0 allu 1 U, Qk1cuk allVvg Prepare drawings to replace wall along entire length of Bay Avenue and out to new wall at 19th Street, Includes sheet piling along 19th, includes permit processing with Corps of Engineers, Coastal Commission, Revised Drainage plans, updating SWPP and WQMP. Line Item 14 — Dumbwaiter at Cafe Patio Research and Design Dumbwaiter Chase for Cafe to upper patio, Incl. Electrical and Structural support. Line Item 19 FFE Support and Coordination Provide assistance in ancilliary furntiture acquisition for selected rooms in the Balboa Center Line Item 20—Waterprooflnq Review Obtain independent consultant review of Roof( Water proofing systems line Item 16 - Expanded Surveying at Bay Street Expanded surveying to determine range of possibilities for adjusting grade along Bay Street Line Item 21— Increased Reimbursables Limit Increased Reimbursable Limit to cover added expenditures Line Item 15 — Expanded LEED Water Quality Scope The specifics of the LEED Water quality credits (6.1 and 6.2) require supplemental documentation that was not covered in the original proposal by Fuscoe. Line Item 22 — Reinstated Scope Items Reintroduce two Items (Beach Placement Drawing, and Supplemental Surveying/Potholing) that were excluded from totals during negotiations, but have been at least partially required and performed during process. Line Item 17 — New Escalation for specific Tasks Added escalation amounts for line items that did not require escalation based on original schedule Line Item 18 — Increased Profacted Escalation for Tasks Increased Escalation for pending tasks. Line Item 23 — Ongoing Agency Support Additional labor required as a part of Coastal Development Permit Processing We have calculated the escalation amount for the year ahead, and will begin using that percentage increase in our billings from April onward. The letter, similar to last year's letter, with the backup calculations, is attached. The total amount of the this PSS Is $367,07590 Terms and Conditions All Terms and Conditions contained in our proposal dated .lune 18, 2010 are applicable to this PSS. Compensation Base Fee Work Included in previous PSS 1 PSS 2 Savings by design(New Work) $13,500.00 2 PSS #319th Street Restroom $39,690.00 3 PSS #4 Photo Voltaic System Adaptation $15,000.00 Sub Consultant Management (5%) $2,700.00 Reimbursable Allowance $3,35090 $74,240.00 RabbenlHerman Design Office New Effort 5 Restroom Chases $9,160.00 6 Tower Deletion $2,100.00 7 AV Consultant $14,000.00 8 CDP Drawing update $1,000.00 9 170, Street Closure $5,000.00 10 Soil Remediation Diagram $1,600.00 11 Construction Staging Plan $3,000.00 12 Traffic Control Plan $2,500.00 13 Bay & IV, Street Improvements $71,750.00 14 Dumbwaiter in Cafe $1,345.00 19 FFE Services $9,160,00 20 Waterproofing Review—No tabor $ 16 Supplemental Bay Street Surveying $11,500.00 21 Reimbursable increase (No labor - included in subtotal below) $ Sub Consultant Management (5%) $5,900.00 Reimbursable Allowance $18,010.00 $156,425.00 Adiustments to the Original Contract 15 Expanded i_EED requirements $6,000.00 22 Reinstated Scope Items $26,450.00 17 New Escalation Allowances $20,680.00 18 Increased Escalation Allowances $12,570.00 23 Ongoing Agency Support $40,740A0 Sub Consultant Management (5%) $3,300.00 $110,260.00 GRAND TOTAL $340,925.00 Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement 1, this service shall become part of Agreement. Sincerely, AGREED: Title: City of Newport Beach Dan Herman Date: Rabben/Herman Design Office EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this RABBEN/HERMAN DESIGN OFFICE Page C-1 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 each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager RABBEN/HERMAN DESIGN OFFICE P..- prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. RABBEN/HERMAN DESIGN OFFICE Page C-3 H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RAMENMERMAN DESIGN OFFICE Page C-4 CERTIFICATE OF INSURANCE. CHECKLIST City of Newport [teach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/7/13 Dept.lContact Received From: Tania Date Completed: 6/7/13 Sent to: Tani By: Renee Company/Person required to have certificate: Rabben/Herman Design Office, Ltd. Type of contract: _ All Other 1, GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/14/13-4/14/14 DATE: 4/14/13-4/14/14 A. INSURANCE COMPANY: TravelersProUertyCasualtyCo INSURANCE COMPANY: Travelers Property Casualty Co. B. AM BEST RATING (A-: VII or greater): AM BEST RATING (A-: VII or greater) C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes © No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed © N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes Ej No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A 0 Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/14/13-4/14/14 A. INSURANCE COMPANY: Travelers Property Casualty Co. B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What Is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: © N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: El N/A ® Yes ❑ No D[ VV0RKERS'COMPBVSAT0N EFFECT|VE/EXP|RATION DATE: 5/23/13 to 5/23/14 A. INSURANCE COMPANY: Travelers Property Casualty Co. R /\MBEST RATING (A':VUorgooater): C. ADMITTED Company (Must beCalifornia xdmmed): EYes El No D. WORKERS' COMPENSATION LIMIT: Statutory MYen F-1No E EMPLOYERS' LIABILITY LIMIT (Must b*S1IMorgreater) F. WAIVER [>FSUBROGATION (To inc[ude): laitincluded? MYe8 [I No G� SIGNED VVDRKERS'C0MPENSAT{ONEXEMPTION FORM: 0N/A [7Yes FlNo H� NOTICE OFCANCELLATION: 0N/A NYoy MNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY \/ BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent nf/H|ion1Insurance Services Broker of record for the City of Newport Beach 0 N/A El Yes El No RISK MANAGEMENT APPROVAL REQUIRED Non'odnoittedcarrier rated less than ; Self Insured Retention or Deductible greater than $ El N/A El Yes 0 No Reason for Risk Management approval/exception/waiver: ^ Approved: Risk Management Date * Subject b`the terms ofthe contract. Agenda Item No. 10 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebbOnewportbeachca.00v PREPARED BY: Iris Lee, Senior Civil Engineer 949-644-3323, flee@newportbeachca.gov APPROVED:. ., 0 - TITLE: TITLE: Approval of Amendment No. 2 to Professional Services Agreement with Rabben/Herman Design Office for Additional Marina Park Design Services — Contract No. 3897 ABSTRACT: Additional funding is needed for Design Services to provide additional regulatory permitting support and design elements for the Marina Park Project. RECOMMENDATION: Approve Amendment No. 2 to Professional Services Agreement (PSA) with Rabben/Herman Design Office (RHDO) for Professional Design Services at a not to exceed price of $340,925.00 and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: The current adopted budget Includes sufficient funding for this amendment. A total of $340,925.00 will be expended from the Marina Park project account number 7411-C4002002. DISCUSSION: On July 27, 2010, City Council approved a PSA with Rabben/Herman Design Office to provide professional design service for the Marina Park Project. Subsequently, Amendment No. 1 was entered on June 6, 2011, to reflect additional services required for regulatory permitting. The PSA, including Amendment No. 1, amounted to $2,279,935.50. The design team has since completed the Design Development Phase Plan, is almost complete with an extensive permit phase, and is working towards completing the 1 of 14 Approval of Amendment No. 2 to Professional Services Agreement with Rabben/Herman Design Office for Additional Marina Park Design Services — Contract No. 3897 May 28, 2013 Page 2 Construction Document plans for the project. Additional design funds are now being requested to address the following key elements: 1. On-going Regulatory permitting support (plan modification & revision, requested supplementary materials) ITh 1l .._ _� t'f__i._ a %A1-_1 I_.. A.._�. .-....JI. l'1--:- 2, i9 aueet Resiiuuiii dnu vvcat ody e-wk:MUt wall'-:AfblucVVaIR vaaiyn 3. Audio/Visual design (AN) 4. Furniture, Fixtures, and Equipment design (FF&E) 5. Design fee escalation and minor design alterations Staff has negotiated a not -to -exceed cost of $340,925.00 to complete the work listed above, and more specifically stated in the Amendment No. 2 scope of services. With this Amendment No. 2, the total PSA contract amounts to $2,620,860.50 Staff has been working with Coastal Commission staff to secure the Coastal Development Permit (CDP) since the original project submittal in October 2010, The Commission's Approval was obtained in June 2012. This permitting effort and addressing the final conditions of approval required additional actions, resources and supplemental documents from the design team that were not anticipated, such as modifying the plans several times to address the lighthouse element height or the landscaping, revising a number of exhibits and plans to address comments, amending the Coastal Land Use Plan and satisfying on-going agency requests. While staff believes the CDP issuance is in the near horizon, the effort has nevertheless resulted in approximately 30 percent of the amendment amount. Around 35 percent of the amendment cost will be allocated towards the replacement design far the 19th Street Restroom facility and Bay Avenue seawalllwalkway. These improvements were included as part of the regulatory permitting process, however the construction plans were not included within the original design contract. These facilities are in need of replacement. In an effort to provide continuity between the 19th Street Restroom facility and the main Marina Park project site as well as capitalize on the cost saving of the economy of scale, staff is recommending completing the construction documents and including these facilities within the scope of the construction project. The AN and FF&E designs are also being proposed at this time. These two components are often addressed as separate design elements and during the construction phase; however, to minimize conflicts between the furnishing and the interior layout, staff is now recommending addressing the AN and FF&E project components concurrently with the building design package. These two items amount to approximately seven percent of the amendment amount. The balance of this PSA Amendment No. 2 results from escalation, adaptation of energy savings measures, and minor design enhancements to the overall design. Approval of Amendment No. 2 to Professional Services Agreement with Rabben/Herman Design Office for Additional Marina Park Design Services — Contract No. 3897 May 28, 7013 Page 3 Once the regulatory permits are secured, the first project phase (demolition and clearance of the site) will be advertised for construction bids. ENVIRONMENTAL REVIEW: A Final Environmental Impact Report was prepared for the Marina Park Project and adopted by City Council on May 11, 2010. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted b l M1s jj y F David A. Webb Public Works Director Attachment: Amendment No. 2 to PSA with Rabben(Herman Design Office 3 of 14 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGI"tEEMENT WITH RABBEN/HERMAN DESIGN OFFICE FOR MARINA PARK DESIGN SERVICES THIS AMENDMENT NO, TWO TO AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. Two") is made and entered into as of this 24TH day of May, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City")and RABBEN/HERMAN DESIGN OFFICE, a California corporation ("Consultant"), whose address is 833 Dover Dr., Suite 9, Newport Beach, California 92663 and is made with reference to the following: RECITALS A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ("Agreement") for preparation of permitting support, design development, construction documents and construction observation set -vices for the Marina Park Project ("Project"), B. On June 6, 2011, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One') to reflect additional services not included in the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, to increase the total compensation and to update insurance requirements. D, City and Consultant mutually desire to amend the Agreement, as provided below NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows; 1, SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated July 26, 2012 and revised April 18, 2013, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2, COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement is amended in its entirety and replaced with the following. "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 or Progress Payments Schedule attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million Six Hundred Twenty Thousand Eight Hundred Sixty Dollars and 50/100 ($2,620,860.50) without 4 of 14 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," 3. INSURANCE Section 94 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's Indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at Its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference," 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect, [SIGNATURES ON NEXT PAGE] 5pf Z4 RABBEN/HERMAN DESIGN OFFICE Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No, Two to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation By: AaAbn arp ot, Keith D. Curry City Attorney Mayor ATTEST: CONSULTANT: RABBEN/HERMAN Date:—,— DESIGN OFFICE, a California corporation Date: in Leilanj 1. Brown City Clerk Attachments: By: Daniel W. Herman, Vice President and Treasurer [END OF SIGNATURES] Exhibit A — dated July 26, 2012 and revised April 18, 2013 Exhibit C— Insurance Requirements RABBEN/HERMAN DESIGN OFFICE Page 3 EXHIBIT A SCOPE OF SERVICES 7 of 14 RABBENMERMAN DESIGN OFFICE Page A-1 Professional Services Supplentental Authorization #2 (Revised) (C u unrrl;ntive Date: July 26, 2012 (revised April 18, 2013) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 R/Hdo Job No.: 2009,014 Project Scope of Services: This PSS accumulates a number of rhanges In scope that have occurred In the year leading, up to the approval, with conditions, by the California Coastal Commission, as well as adding additional scope that will facilitate obtaining the Coastal Development Permit. Some of these scope items were previously submitted to the City as Professional Services Supplemental Authorizations (PSS) numbers 2, 3 and 4. Addressing the Conditions of the Coastal Commission approval represents the second major component of this PSS. The third component is includes tasks added to the original agreement Each (tem Is described briefly below: Line hem 1 Previous PSS#2 - Savings by design This PSS is for the additional work involved in participating in Southern California Edison's Savings By Design program. Some of this effort is an increase in scope, and the remainder is work that would have been conducted as a part of the Design Development Phase in our existing contract. For the latter work, this agreement will serve as a notice to begin performing the work poor to the conclusion of the Schematic Design Phase. It is anticipated that the SCE rebates to the design team will be adequate to cover the additional work and the amount of the rebates will be applied to the work billed to this PSS. Line Item 2 Previous PSS93 —19th Street Restroom and Mat Foundation This PSS covers the necessary effort to include the 1911 Street Restroom building in the Design Development through Construction Phases of the =work being completed under our existing Marina Park contract, as well as prepare a preliminary structural design for an alternative mat foundation system for Buildings 1 and 2, Line item 3 Previous PSSd Photovoltaic stem Adaptation This PSS covers the preparation of architectural, electrical, construction documents, specifications and structural review of PV systems' engineers' talcs and attachment details, for a 50 kW Photovoltaic (PV) Generating System mounted on the reef of buildings 1 & 2 of the Balboa Center building. Line Item 5 — Restroom Chases 3 of the four restrooms on the project will need to be revised to accommodate expanded chase spaces for maintenance. Line Item 6 — Tower Deletion Revise the Building Plans and elevations to show the lowered tower height required by the Coastal Commission Cine Item 7— Expanded AV Consultant Scope Original contract included limited scope for AV Design for Community Center-- City Direction requires adding a consultant, and scope for coordination. Line Item 8 — Undated Design Development Drawings for CDP Application The Coastal Development Application will require a set of Design Development Plans that reflect the desired architectural changes. This involves updating the CAD base, & replotting the Landscape and Civil plan sets, Rabben/Hermzn Design Office 8of14 L ne Item rJ;,,,Stree(Improv_ements at,1EStreet The revisions to the curb and parking will require additional survey work and additional drawings, l tu..Item,_10 Snil Remediation Diagrgm Preparation of a preliminary plan showing extent of soil remediation required by City Geotechnical report. Draviing is for coordination and to cla€ify contract requirements. Litre Item 1Construction ,Sja in P Prepare Pian indicating the nature of the impacts to the public access to the sandy beach. Specific requirements per the CDP Conditions Line Item 12 - Traffic Control Pian Prepare Plan indicating the nature of the impacts to the public paths. Specific requirements per the CDP Conditions. Prepare drawings to replace wall along entire length of Bay Avenue and out to new wall at 19'+ Street. Includes sheet piling along 191k Includes permit processing with Corps of Engineers, Coastal Commission, Revised Drainage plans, updating SWPP and WQMP. Lie in tern 14 — Dumbwaiter at Cafe Patio Research and Design Dumbwaiter Chase for Cafe to upper patio, Incl. Electrical and Structural support. Line Item 19 FFE 5ui port and Coordination Provide assistance in ancillary furntiture acquisition for selected rooms in the Balboa Center Line Item 20—Watercroofin Review eview Obtain independent consultant review of Roof! Water proofing systems Line Item 16 - Exoanded Surveving at Ba Street Expanded surveying to determine range of possibilities for adjusting grade along Bay Street Line item 21— Increased Reimbursables Limit Increased Reimbursable Limit to cover added expenditures Line Item 15—Expanded LEED Water Quality Scope The specifics of the LEED Water quality credits (6.1 and 6.2) require supplemental documentation that was not covered in the original proposal by Fuscoe. Line Item 22 — Reinstated Scope items Reintroduce two Items (Beach Placement Drawing, and Supplemental Surveying/Potholing) that were excluded from totals during negotiations, but have been at least partially required and performed during process. Line Item 17— New Escalation fort specific Tasks Added escalation amounts for line items that did not require escalation based on original schedule Line Item 18 — Increased Projected Escalation for Tasks Increased Escalation for pending tasks, Line Item 23—Ongoing Agency Support Additional labor required as a part of Coastal Development Permit Processing We have calculated the escalation amount for the year ahead, and will begin using that percentage increase in our billings from Apel coward. The letter, similar to Last year's letter, with the backup calculations, is attached. The total amount of the this PSS is $367,075.00 Terms and Conditions All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS, Compensation Base Fee Work Included in previous PSS 1 PSS 2 Savings by design(New Work) $13,500.00 2 PSS #31911 Street Restroom $39,690.00 3 PSS #4 Photo Voltaic System Adaptation $15,000.00 Stab Consultant Management (5%) $2,700,00 Reimbursable Allowance $3,350.00 $74,240.00 Rabben/Herman Design Office 9 of 14 New.Ef ort 5 Restraorn Chases $9,160.00 6 Tower Deletion $2,100.00 7 AV Consultant $14,000.00 8 CDP Drawing update $1,000.00 9 171h Street Closure $5,000.00 10 Sell Remediation Diagram $1,600.00 11 Construction Staging Pian $3,000.00 12 Traffic Control Plan $2,500.00 13 Bay & 19111 Street Improvements $71,750.00 14 Dumbwaiter in Cafe $1,345.00 19 FFE Services $9,160.00 20 Waterproofing Review — No tabor $ 16 Supplemental Bay Street Surveying $11,500.00 21 Reimbursable Increase (No labor• included in subtotal below) $ Sub Consultant Management (5°/a) $5,900.00 Reimbursable Allowance $18,010.00 $456,425.00 Adjustments to the Origins( Contract 15 Expanded LEED requirements $6,000.00 22 Reinstated Scope Items $26,450.00 17 New Escalation Allowances $20,680.00 18 Increased Escalation Allowances $12,570.00 23 Ongoing Agency Support $40,740.00 Sub Consultant Management (5%) _ 13,300.00 $110,260.00 GRAND TOTAL $340,925.00 Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement `(, this service shall become part of Agreement. Sincerely, AGREED: Title: City at Newport Beach Dan Herman Date: Rabben/Herman Design Office 10 of 14 EXHIBrr C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City, Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant rases existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. Z Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3, Coverage Requirements. A. Workers' Comnensation Insurance. Consultant shall maintain Workers' Compensation insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of Insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumedunder an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract, C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this 11 of 14 RABBENfHERMAN DESIGN OFFICE Pace C-1 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 each accident. D, Professional Liability (Errors & Omissions) ,Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate, Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. B. Additional Insured Status: All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Aoreements Between the Parties. The parties hereby agree to the following: A, Evidence of insurance, Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager 12 of 14 RABBEN/HERMAN DESIGN OFFICE Page C-2 prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change, If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions, Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type, E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. GIN Remedies for Non-Comollance, If Consultant or any subconsultant falls to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timelv Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 13 of 14 RABBENMERMAN DESIGN OFFICE Page C-3 FL Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 14 of 14 RABBENIHERMAN DESIGN OFFICE Page C-4 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR MARINA PARK THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One"), is entered into as of this �' day of JIJW , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and RABBEN/HERMAN DESIGN OFFICE LTD, a California Corporation whose address is 833 Dover Drive, Suite 9, Newport Beach, California 92663 ("Consultant"), and is made with reference to the following: RECITALS: A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ("Agreement") for preparation of permitting support, design development, construction documents and construction observation services for the Marina Park Project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated May 9, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million, Two Hundred Seventy -Nine Thousand, Nine Hundred Thirty -Five Dollars and 50/100 ($2,279,935.50) without prior written authorization from City ("Total Amended 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy -Six Thousand, Two Hundred Twenty -Two Dollars and 50/100 ($76,222.50), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: OFFICE THE CITY ATTORNEY Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: Wale By: By: Leonie Mulvihill Dave K Assistant City Attorney City Manager ATTEST: CONSULTANT: RABBEN/HERMAN Date: DESIGN OFFICE LTD., a California By: Leilani I. Brown City Clerk ]IIIGI - 1 IGI I 1101 ce President and Treasurer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A Professional Services Supplemental Authorization #1 (Cumulative) Date: May 5, 2011 (Revised May 9, 2011) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 R/Hdo Job No.: 2009.014 Project Scope of Services: This PSS accumulates a series of additional work items that have been requested by the City of Newport Beach There are four primary components 1 Analyze structural systems for the coastal Commission application Initiated 11/16/2010 2 Preliminary Studies of Alternative Concepts for the Balboa Center Buildings Initiated 2/1712011 3 Further Refinements and finalization of the floor plan of the Balboa Center Initiated 3/27/2011 4 Update the Approval in Concept Package & Associated presentation materials Initiated 4/7/2011 Terms and Conditions All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS. This PSS supersedes the individual PSS's issued previously on or about the dates listed above. Compensation Base Fee Work Performed in support of developing Coastal Commission Application Total amount of original agreement $12,070.00 Less amount covered in DD Agreement -$9,690.00 $2,380.00 Work performed and billed through 3/28/2011' Bundy Finkel Floorplan revisions, Programming and Meetings $13,810.00 R/Hdo Siteplan revisions, Project Management and Meetings $3,367.50 17,177.50 Estimated Effort Remaining Bundy Finkel Revise Floorplans per City Direction until approved $4,585.00 R/Hdo Meetings and coordination $1,080.00 $5,665.00 Revise Phase 3 Drawings Landscape Drawings (10 of 19 Sheets) $6,500.00 Architectural and Structural (8 of 15 sheets) $11,250.00 Civil (2 of 2 sheets) $3,500.00 Marine Engineering(1 of 2 Sheets) $3,500.00 Dry Utility Drawing (1 of 1 Sheets) $2,500.00 Sub Consultant Management (5%) $1,700.00 Project Management $800.00 Reimbursable Allowance $1,700.00 Update Color Rendered Site Plan (optional) $5,250.00 Updated Calor Visual Simulations (optional) $3,500.00 Update Schematic Design Booklet (optional) $10,800.00 Phase 3 Revisions Total (including optional items) $51,000.00 GRAND TOTAL $76,222.50 Rabben/Hlerman Design Office Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement t, this service shall become part of Agreement. Sincerely, Dan Herman Rabben/Herman Design Office AGREED: Title: Date: City of Newport Beach �(M PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR MARINA PARK THIS AGREEMENT FOR PROFESSIigN L SERVICES ("Agreement") is made and entered into as of this ZIf''''day of V 2010, by and between the CITY OF NEWPORT BEACH, a California VMunicipal Corporation ("City"), and RABBEN/HERMAN DESIGN OFFICE LTD, a California Corporation whose address is 833 Dover Drive, Suite 9, Newport Beach, California, 92663 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to reuse the existing Marina Park property to construct a Marina, Community Sailing and Community Center Buildings and Community Park. C. City desires to engage Consultant to act as the lead consultant for preparation of permitting support, design development, construction documents and construction observation services for the Marina Park Project ('Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Daniel W. Herman, Vice President of RABBEN/HERMAN DESIGN OFFICE LTD. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million, Two Hundred Three Thousand, Seven Hundred Thirteen Dollars and no/100 ($2,203,713.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be Professional Services Agreement Page 2 limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.4 Upon the first anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the rate to be paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 3:0% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original rate by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2011, the index to be used for the numerator is the index for the month of March 2011 and the index to be used for the denominator is March 2010. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this agreement be reduced below the Rate in effect immediately preceding such adjustment. The maximum increase to the Rate, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect immediately preceding such adjustment. Professional Services Agreement Page 3 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DANIEL W. HERMAN to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. DAVE WEBB, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall Professional Services Agreement Page 4 be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by Professional Services Agreement Page 5 statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or Professional Services Agreement Page 6 subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the Professional Services Agreement Page 7 minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Professional Services Agreement Page 8 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Professional Services Agreement Page 9 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States` letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. F4mmmLTi7li :rzuoltio]P[ V City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. Professional Services Agreement Page 10 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Webb Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3328 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Daniel W. Herman Rabben/Herman Design Office LTD 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Phone: 949-548-3459 Fax: 949-548-5743 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be Professional Services Agreement Page 11 required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Professional Services Agreement Page 12 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Professional Services Agreement Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATjQRNEY: By: /J ynett D. Beauch'mp, Assistant City Attor ey ATTEST: By.� n, Leilani I. Brown, City Clerk Attachments: 13: CITY OF NEWPORT BEACH, A Municipal By. D Keith D. urry, Mayor CONSULTANT: RABBEN/HERMAN DESIGN OFFICE LTD. A B DaW. Herman, Vice President and Treasurer Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 14 EXHIBIT A Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Date: May12, 2010 Revised June 18, 2010 Project: Marina Park - Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard PO BOX 1768 Newport Beach, CA 92658 Contact: Mr. Dave Webb, Deputy Public Works Director Tele: (949) 644-3328 FAX: (949) 644-3308 E -Mail: dawebb@citv.newoort-beach.ca.us Project Team Landscape Architect & Proposal Date Architect Marine Engineer Civil Engineer Dry Utility Consultant Rabben/Herman Design Office June 18, 2010 Bundy Finkel Architects June 16, 2010 Moffat and Nichol June 9, 2010 Fuscoe Engineering June 10, 2010 " (Phase 1 and 2) April 13, 2010 Butsko Utility Consultants April 16, 2010 Understanding and Approach: R/Hdo will manage a team assembled to provide permitting support, Design Development, Construction Documents and Construction Observation services for the Marina Park project. The improvements to be designed as illustrated in the Marina Park Schematic Design Plan, as prepared by R/Hdo, dated October, 2008, amended on April 2009. The permitting support services will be provided directly to City retained consultants and will include preparing supplemental documents for applications and interfacing with the California Coastal Commission, the Corps of Engineers, and other jurisdictions having authority over the project. Bidding support and Construction Observation phase services will be provided as requested by City staff. A summary of the services includes: Update Schematic Design Plans Incorporate approved VE modifications to the building and site plans. Develop the marina basin water circulation system and prepare structural calculations and engineering sketches for seawall conditions, groin wall, elevated platform and hoist, and marina guide piles in sufficient detail to define project components. Agency Processing and Permitting Prepare and submit necessary documentation for submittals to the California Coastal Commission, the Corps of Engineers, the City of Newport Beach Harbors Department, and other jurisdictions having authority over the project. The Coastal Commission process is being led by a City retained Consultant All work would be completed on an hourly basis only upon request of the Consultant and the approval of the City's Project Manager. Rabben/Herman design office h'kk'ARKMIN, ROPO uWw PP OMSu lm RINAPMKDouwanIWMKDDIo AWSMRc OPv _IOWOPIo Page or 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Phase I and If Schematic Design Develop plans for removing the remaining trailers and any other site improvements and construction of new improvements per the exhibits prepared by R/Hdo, dated July 28, 2009. Identify key issues and costs associated with each phase Phase I and II Design Development, Construction Documents Refine plans for removing the remaining trailers and any other site improvements and construction of new improvements per the exhibits prepared by R/Hdo, dated July 28, 2009. Phase III Design Development Plans Prepare Design Development Documents reflecting all of the site and building improvements described in the Schematic Design Plans, as well as incorporating the adjustments made after the review of the opinion of probable cost. All phases of the project would be brought to a Design Development level, as a single plan package. Phase III Construction Document Phase(s) Assist in the preparation of a scope and scheduling of the project elements. Prepare Final Construction Documents and technical specifications for the construction of all of the elements included in the Design Development Documents unless modificatons are directed by the City. Plans would be prepared in multiple packages; (1) marina seawall and dredging, (2) docks; (3) buildings and site improvements. The buildings and site improvements package would use phasing lines to divide the project being bid and constructed into two phases. Bidding and Construction Observation Phase(s) As the City staffing level is unknown at this time estimates of general support have been provided. Services would be provided on an hourly basis as requested by the City. Assumptions: The proposal is based on the following assumptions: Our proposal is organized according to the latest schedule and phasing plans as prepared by the Public Works Department. Fees are identified by phase on the Fee Schedule in Attachment 5. The schedule also identifies the time period the work is expected to be completed. A effi es7jave-beEestimated in 2010 dollars. The contract will allow for annual escalation on the contract anniversary for work occurringin fiie 2011-through-20-14-time-ftame._The escalation will be calculated based on the increase in the Consumer Price Index for the length of the time period, pro -rated for the first year, orrf action— thereof and annually thereafter. All design services are proposed to be completed on an hourly not -to -exceed basis. We will start with the last circulated version of the Schematic Design package (dated October 6, 2008) and incorporate the VE reductions and the City's modifications. In addition further work will be completed on the Water Circulation Study and structural design of water side elements both of which will be used for the Agency applications and the DO phase drawings. The four primary agencies that will require approval include: City of Newport Beach/Harbors Division, the Army Corps of Engineers, the Regional Water Quality Board, and the California Coastal Commission. The Corps has been identified as the lead agency for all other federal review of the Marina portion of the project. We do not anticipate Vie need for Design Development level drawings for any of these submittals, though we do anticipate the need for Rabben/Flerman design office MMRKUJNGV`ROPO&QM PaoPosism+ut xnca+Koo.cnwaanieaanx oorocn WSTeRPROPO ..IPNMRI ooc Page 2 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal special exhibits and summary information that will utilize and/or supplement the Schematic Design drawings. The specific requests will be directed by the City retained Coastal Commission Consultant and approved by the City's Project Manager . Applications for other agencies, specifically the Army Corps of Engineers, the Regional Water Quality Control Board, State Water Resources Control Board and the California Department of Fish and Game will be prepared by the team.. At this time it is not anticipated that the project will require a Lease Agreement with the CSLC, however We have included the effort to conduct jurisdictional review with the State Lands Commission The Department of Public Works will be responsible for all work associated with the asbestos removal for all buildings and coaches being demolished as part of the project. The City will retain directly a Government Relations Specialist, Geotechnical Engineer, and a Marine Biologist, to lead the preparation applications, consistency evaluations, and briefings to agency staff, inform lead technical staff and agency commissioners of the intent and the details of the project. These consultants will coordinate the California Coastal Commission approval process, set meetings, and coordinate the responses to the various agencies. The design team will provide input as requested on an hourly basis. It is anticipated that there will be a need to prepare a Compensatory Mitigation Plan, but since many of the details will not be defined until the review is substantially complete, scope and fees for that work will need to be added to this contract at the appropriate time. Work specifically related to the Girl Scout House is generally not included in this scope of work. Pad improvements and utility extensions are included, along with approvals from the California Coastal Commission. Replacement of existing City utilities running thru the site are not part of this proposal with the exception of the undergrounding the existing overhead electric line and the relocation of existing dry utilities. This proposal includes the design of new utility laterals and connections to support the proposed facilities. These laterals will be connected to the existing utility services. Further coordination regarding the timing of the undergmunding and associated improvements within the overall schedule is required. The work is expected to begin in May 2010 and the Coastal Commission submittals for Phases I, II and III are scheduled forJuly 6, 2010. A new Phase Land II Schematic Design package will be prepared and utilized forthese submittals. Work would begin on a single construction package for Phase I and II following the first set of Coastal Commission comments and approval by the City of Newport Beach. A decision to prepare plans only for Phase I or for both Phases I and II would be made by the City at this time. The package would be completed by early October and be submitted for City Approvals and Permitting. Design Development will be prepared for all portions of the Phase III scope simultaneously, in order to maximize integration and coordination between the packages. This work is expected to start once the first round of comments on the Phase 3 work have been received from the Coastal Commission, and will incorporate the input from the Water Circulation Study and the design of the seawall and docks prepared for agency processing. Preparation of the Phase III Construction Documents would be prepared in multiple packages. These include a seawall & dredging package, a docks package and a park and building package. The park and building package will show phasing lines so that the improvements can be approved, bid & constructed as separate projects, yet maintain the necessary integration and coordination. We believe that this is the most economical method to prepare these plans and to obtain building permits from the City. Rabben/Herman design office unraRrcniucwamosn:saSpaDPosuso:wauxannnrcDo.cn:ucauuiaanx DDTOV,M STMPRDPo4W._IOCfASR:.Doc Page 3 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Copies of all proposals from the prime consultants and the sub consultants have been included in the Appendix section of this proposal. Tasks from the prime consultants have been incorporated into the scope of work. These proposals are provided for information only and we do not anticipate them being made pad of the final contract. It is expected that during the Construction Phase meetings will be held regularly throughout the Construction Phase and attendance will only include the relevant consultants. As team lead R/Hdo expects to attend all meetings. These meetings are assumed to be held once every two weeks during the dredging operation, monthly during the Dock Construction phase and weekly during the other two phases. RabbenlHerman design office Mw KOIrtiWROMu MOPRCPOW 14< IWMKOa CAWAAinnvav oorocw SIEMMPO�IWVRi oa Page 4 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 1 SCOPE OF WORK Task 1 Update Phase 3 Schematic Design Documents - completed SO documents would be updated to incorporate City approved VE scope changes, the detailed water circulation system study would be completed and structural calculations and engineering sketches would be prepared to properly define project components to a level appropriate to submit to State and Federal Agencies. A. Revise/update completed Schematic design documents to reflect all City approved Value Engineering scope changes and City comments, This includes revisions to both the building and the site related plans. B. Develop the water circulation system design and the implications of the proposed system to the basin and dock design. Select an appropriate circulation system/device and determine the impact on the docks and seawall. C. Prepare sketches and project descriptions that can be used in permit applications. D. Prepare structural calculations and engineered sketches for the seawall conditions, groin wall, elevated platforms and hoist, and marina guidepiles, in sufficient detail to properly define project components to the satisfaction of State and Federal agencies. Anticipated Phase Duration: 4 months Anticipated Deliverables: 1)Final Modeling and Evaluation of Water Quality in proposed Marina layout. 2)Permit application and supporting documentation for each agency application. 3)Revised Improvement Plans and Overall Site Plan. Task 2 Agency Processing and Permitting for Phase 1, 2 & 3 - This scope includes two major tasks; support for the City's Coastal Consultant for the application and review by the California Coastal Commission, and application with related support for all the subsequent permits required for the project. The first task would be performed hourly as requested by the City's Coastal Consultant and approved by the City's Project Manager. A. Prepare documentation requested by City's Coastal Consultant for submission to CCC to gain approval of Phase 1, 2 and 3 plans and the coastal development permit. B. Prepare and submit applications and supporting documentation to COE, RWQCB, CSLC and CDFG to gain approval of marina and park, and the transfer of dredged material to receiver beaches located within the City. C. Meet with agencies to clarify submittals and responses. It is expected that there will be 1 formal hearing with each agency and two direct meetings with agency staff D. Revise improvement plans in response to Agency requirements. E. Incorporate revised plans into overall site plan Anticipated Phase Duration: 6-12 months Anticipated Deliverables: 1) Permit application and supporting documentation for each agency application. Rabben/Herman design office MWARK9INGNRDi05PM MWGS S'0MMMiNAMKDD_CIWRiWU KDDTOCAM MRM0.J 100MRf.MG Pages of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Task 3 Stakeholder and Public Meeting Participation - as the project progresses prepare for and participate in meetings to inform various constituencies of the status of the project and it's processing, as well as present the various milestones in the project design. Task 4 Phase I and II Schematic Design Documents - develop Concept Plans for Phase I and II, as prepared by R/Hdo July 28, 2009 to a schematic level suitable for submittal for permitting to State and Federal agencies. A. Prepare a schematic level plan indicating removal of the existing coaches and demolition required for Phase I and II improvements. B, Prepare schematic plans to regrade the site, restripe the existing asphalt alley, add sidewalks and a restroom, and the necessary utility improvements in general conformance to the Concept Plans Meet on-site with the city and the team and review the Schematic Designs. C. Revise the preliminary plans to a final Schematic Design level. D. Preparation of a Preliminary Water Quality Management Plan for Phases 1 & 2 Anticipated Phase Duration: 1 month Anticipated Deliverables: 1)Demolition Plan 2)Hardscape Plan 3)Landscape Plan 4)lrrigation Plan 5)Utility Improvement Plan 6)Preliminary WQMP 7)Preliminary Grading Plan Task 5 Phase 1 and 2 Construction Documents A. After collection and review of City and Coastal Commission Comments, prepare Detailed Construction Documents for Phases 1 and 2 of the project. Anticipated Phase Duration: 6 Weeks Anticipated Base Scale: 1" = 40', 1" = 20' & 1"=8' Anticipated Sheet Size: 24" X 36" Anticipated Deliverables: Construction Document and Specifications Package 1) Hardscape Construction Plans - Construction Plans indicating construction reference notes, legends, material schedules, and layout and detail reference call -outs. 2) Planting Plans - Planting Plans indicating planting locations, complete with detailed notes and legends 3) Planting Details - Planting Details. 4) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends, sprinkler head layout, piping, POC's, valves, backflow and irrigation controller locations. 5) Irrigation Details - Irrigation Details. Rabben/Herman design office MWRMGRIIGWR0M LLMPR0P0Sn W14UMffe MKVD CAWMWMKMTOCAMAS1 ROPOSA1 iWB]9Ri.O0G Page 6 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 6) Utility Improvement Plans - Plans showing utility connections for restroom and irrigation. 7) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents 8) Precise Grading. Plan - Finalize plan showing grading and drainage. 9) Final Water Quality Management Plan including SWPPP and N01 10) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Task 6 Phase 3 Design Development (Preliminary Engineering) B. Kick Off meeting- meet with the project team in a workshop setting to review the changes that have been requested, as well as concerns raised by the EIR, agency comments and other public inputs. Discuss submittals and project schedule - assume one meeting. C. Supplemental Survey - Conduct additional survey for horizontal and vertical controls in areas where significant coordination with existing work is required - at the American Legion, in Newport Boulevard at the location of the proposed turn pocket, along 18'" Street, potholing of existing utilities, and the elevation data necessary for the two beach replenishment sites at China Cove and Lifeguard headquarters. D. Develop Design Development level documents identifying all major elements and materials for the project, as included in the approved Schematic Design package, prepared by R/Hdo, dated October 6, 2008 E. Interim Review Meeting - Conduct In process review of each element with City Representation to review progress and make decisions.. F. Interim Submittal - Submit 50 % DO plans for formal review and comment. G. Team Coordination Meetings - attend team coordination meetings with the project team to resolve specific coordination issues - assume 5 meetings. H. Prepare Outline Specifications. I. Consultant Coordination. J. Design Development Submittal - Submit 100% Design Development Package for all elements and collect City comments and input. Responding to all City comments is not anticipated with a new 100% DD Submittal; rather all changes would be reflected in the first CD submittal. A matrix identifying all comments and agreed upon resolution of those comments would be prepared and submitted. Anticipated Phase Duration: 18 Weeks Anticipated Base Scale: i" - 40', 1" = 20' & 1"=8' Anticipated Sheet Size: 24" X 36" Anticipated Deliverables: Design Development Package Waterside Design Development Elements consisting of the following plans: 1) Design Development Sea Wall & Groin Wall Layout drawings - Plans, sections and elevations describing dimensions composition and construction of wall systems, as well as intended utility and dock connections. 2) Design Development Dock Layout Plans - Plans showing dimensions, materials, utilities and accessories. Rabben/Herman design office MII.kRNk11NWP O5 SM PROP05A1014MAAMMNDDCA=RIIIPPMNWTOCA KOSTERUArOM.IMPS WC Page 7 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 3) Dredging documents - exhibits describing extent and quantity of dredging and proposed methods and locations of disposal. 4) Design Development Detailing of ADA gangway, guard rails, gates, hoist support, and other architectural appurtenances. 5) Design Development of water quality circulation system - see Schedule 2 Additional Services #2. 6) Completion of Structural Design on seawall and groinwail. 7) Preliminary Plans For Beach Replenishment project. Architectural Design Development Element consisting of the following plans: 1) Updated partial site plan with building footprints defined, location of services, parking, access to and from site and building from within 5' building perimeter. 2) Design Development Dimensioned exterior elevations. 3) Design Development Dimensioned floor plans. 4) Selected building sections / details sufficient to describe building character. 5) Updated outline specification in 81/2" x 11" format. 6) Refined color and materials board for exterior materials and selected interior materials. 7) Preliminary drawings defining key systems components - structure, mechanical, plumbing, and electrical systems. 8) Coordinate building structural systems with waterside structural design. 9) Conceptual sketches of key interior elevations, special treatments and feature design concepts. 10) Outline report for LEED documentation. Site Design Development Element consisting of the following plans: 1) Base sheets compiled from the survey, the architectural footprint, and the civil engineering layout for the roads and gutters. These base sheets will be the basis for all site based plans prepared during design development and construction documents. 2) Design Development Hardscape Construction Plan. Prepare Plan indicating construction notes and legends, materials, finishes, colors and detail reference call -outs. Identify specific manufacturer of playground and water play equipment. 3) Enlarged Hardscape Construction plan for key areas. 4) Design Development Planting Plan. Prepare Planting Plans indicating planting notes and legends, Tree sizes and locations and preliminary shrub palette 5) Design Development Details. Prepare construction details for hardscape and landscape elements including playgrounds water park, entry sign, site furniture shade structures and rails/fences. 6) Design Development Layout Plan. 7) Design Development Irrigation Plan. Prepare Irrigation Plans indicating general irrigation notes, preliminary irrigation equipment legends, and mainline layout. 8) Design Development Signage Plans - Prepare plans identify type, location, verbiage and character for Site signage for Project Identification, Safety and Way finding. 9) Lighting Plans. Prepare plans identifying Lighting elements and conceptual fixture selections. 10) Water Play Coordination Plan. Prepare preliminary layout of water play elements, and equipment locations, identifying precise utility requirements and points of connection. 11) Landscape Construction Estimate of Probable Cost. Rabben/Herman design office A1V.'ARXRINGNRCP0SA MPRCV SNI4&N NAPARNDD CA4fWWXIK WTWANASIEAPA=M.IMIR INC Page 8 of 19 Marina (Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Civil Engineering Preliminary Engineering Element consisting of the following plans: 1) Design Development Grading and Drainage Plans -Plans describing specific grading and drainage intent and final elevations of all elements. 2) Design Development Civil Layout Plan - Plans describing site civil components including new curbs and vehicular pavements. 3) Design Development Utility plans - Plans showing wet utility locations elevations and appurtenances. 4) Design Development Fire Access Plan - Plan showing access to all locations required by the City Fire Department, with information about access routes and signage, hydrant and connection locations, and preliminary fire line locations. 5) Design Development Pavement Marking Plans 6) Design Development Traffic Control Plans 7) As a part of the overall site improvements, plans showing the necessary improvements to Balboa Boulevard as well as the widening of 18' street. 8) Preparation of the Final Water Quality Management Plan Utility Design Development Element consisting of the following plans: 1) Design Development Site Utility Profile Summary 2) Project Plan identifying Utility Company Processing Milestones 3) Preliminary Plan Submittal Letters for Utility Companies Task 7 Phase 3 Construction Documents Prepare construction documents and specifications suitable for bidding. Packages will be prepared for Marina Seawalls/Dredging, Balboa Center and Park improvements, and Marina Docks, The Balboa Center/park package would utilize phasing lines to divide the plans into two bidding/ construction phases. Precise timing and phasing of each package will be contingent upon the Construction Activity Plan. Each of the activities below will be conducted for each of the packages, unless otherwise specified. A. Review Meeting - In a workshop setting, review the comments generated by the Design Development Submittal that pertain to the Construction Package, as well as current status of the other packages. Discuss schedule for submittals, review and issue of drawings forbidding. Assume four meetings B. Consultant Coordination - provide coordination as it relates each team members work relative to other project consultants work, within each individual package. C. In -House Review and Plan Check - provide continuous in-house review and plan check of the Construction Documents. D. Preliminary Submittal -submit a 60% complete construction documents package to the Client for review and comment. E. Plan Revisions provide revisions to the landscape construction documents to gain Client and City approval. F. Package Coordination - prior to submitting the Complete Package, distribute a copy of the package to Consultants preparing other packages for review, comment and coordination. ftabben/Herman design office MIN%MRINWROP054=9PROPO 5M4M^RtMMK0Q_MMGRRW*KDDTKAWSURPROPOS _1�RLDDC Page 9of19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal G. Complete Submittal - submit a 90% complete construction documents package to the Client for review and comment. The 90% Submittal is intended to be used for the necessary City review and Planning and Building Department permits: all the construction documents will be reviewed by Planning, Fre, Police, Parks General Services and Public Works. Building Permits would be issued for the packages containing habitable buildings. H. Team Coordination Meetings - attend team coordination meetings with the project team to resolve specific coordination issues - assume 6 meetings. L Utility Company Design Coordination - Obtain work orders required to submit plan package to utility companies and establish schedule for design, review, and completion. Coordinate design effort by utility company and team review of utility design. Obtain and review all utility agreements for accuracy of cost methodology and rule application. Process agreements and right-of-way documents. Deliver final utility agreements/ contracts to client. Provide summary of project costs incurred and potential refunds. J. Plan Revisions - provide revisions to the landscape construction documents to gain Client and City approval. K. Complete "BID SET' Submittal - submit a 100°% complete "Bid Set" construction documents package to the Client for bidding purposes. Anticipated Phase Duration: See Project Schedule Anticipated Base Scale: 1" = 40', 1" = 20' & 1"=8' Anticipated Sheet Size: 30" x 42" Anticipated Deliverables: (listed by construction package) Seawall Dredging and Groin Wall Construction Package 1) Seawall and Groin Wall Construction Documents - These plans will illustrate the construction of the seawall and jetty, including structural design and calculations. 2) Grading/dredging Description Documents - Plans describing the scope and extent of grading/dredging and the testing and disposal strategy for the removed material. 3) Beach Replenishment Plans showing the placement and quantities of sand being placed at two on shore locations as well as the near shore disposal sites. 4) Seawall and Groin Wall Guardrail Design - Details illustrating the design of the railing atop the seawall, reflecting the design character of the remainder of the site. 5) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents. 6) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Dock Systems Construction Package 1) Dock Layout Plans - Plans showing dimensions, materials, utilities and accessories. 2) Performance Specification - Criteria describing required characteristics of dock structural and pontoon system, Gangways, sewage pump -out system and any other specialized mechanical systems. Rabben/Herman design office MwnnrcEniicwxorosusmeawosusnu,.wuiMWKDDpw IIWMNMTMAasmx"na"osu-moaoaai.mc Page 10 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 3) Dock System Utility Package - Drawings showing utility systems and their connection to the landside utility system. 4) Water Circulation System Drawings and Calculations - Plans describing the equipment and it's installation in the Basin, with the connection to utilities and structures. See Schedule 2 Additional Services #2. 5) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents. 6) Specifications - Specifications that' describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Balboa Center and Park Construction Package 1) Architectural Plans for Balboa Center Building(s) - Construction documents describing restroom building, indicating dimensions, materials, fixtures furnishing and finishes. These plans include floor plans, roof plans; accessibility plans, sections, elevations details and finish schedules. 2) Structural Plans and Calculations for Balboa Center Building(s) - 3) Architectural Plans for Lighthouse Restroom - Construction documents describing restroom building, indicating dimensions, materials, fixtures furnishing and finishes 4) Structural Drawings of Lighthouse Restroom - Structural drawings and calculations for the restroom building 5) Plumbing and Mechanical Plans for Balboa Center Building(s) - 6) Electrical Plans for Balboa Center Building(s) - 7) Plumbing Plans - Plans describing plumbing systems for restroom building, and establishing points of connection for utilities 8) Electrical Plans - Plans describing electrical systems for restroom building, and establishing points of connection for utilities, and integration into proposed secondary system. 9) Title 24 Calculations - Calculations for California energy efficiency requirements. 10) Fire/Life Safety Concept Design - Conceptual layout of Fire Sprinkler and Life Safety System with performance Based Specification for deferred design by contractor. 11) Construction Document Base Sheets- Refine the design development base sheets prepared during design development. Delineate the scope of Site development associated with the Balboa Center. These base sheets will be the basis for landscape construction documents. 12) Hardscape Construction Plans - Construction Plans indicating construction reference notes, legends, material schedules, and layout and detail reference call -outs. 13) Tennis Court Construction Plans - Plans indicating the layout and construction of the tennis courts and their related furniture and equipment. 14) Hardscape Construction Details - Construction details of hardscape elements, i.e. steps, walls, fountains, pools, etc. 15) Planting Plans - Planting Plans indicating planting locations, complete with detailed notes and legends. 16) Planting Details - Planting Details. 1 17) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends; sprinkler head layout, piping, POC's, valves, backflow and irrigation controller locations. 18) Irrigation Details - Irrigation Details. IRabben/Herman design office mwaarcfixcw�oaosusrn agovoxoisoiauwiiurnarcoo_cnuuRiruraiH MOM a STERPRa o iotlwWIOX Page 11 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 19) Signage Plans - Drawings to guide fabrication and direct installation of Signage for project Identity, safety and way -finding. Establish signage schedule and coordinate requirements and character with internal building signage. 20) Street and Parking Lot Plans with profiles for the project frontage at 18th Street and Balboa Boulevard. Includes widening of 18th Street and driveway modifications to Balboa Boulevard. Plan will reflect finished paving, signing and striping, curbs and gutters, sidewalks and street lights. Includes plan check revisions, construction notes, quantities, and construction details. 21) Rough Grading Plan - Rough Grading Plan including rough grade pad elevations, slopes, street undercuts, edge conditions, cross sections, and other pertinent information required for rough grading. Includes earthwork calculations, agency plan check revisions, construction notes, quantities, and construction details. 22) Precise Grading Plan - Precise Grading Plan. Including plotting of local grading design. Sidewalks to be shown for reference only with construction details to be shown on landscape architect's plans. Parking bays, courtyard grades, sidewalk grades, earthwork calculations, erosion control and construction details, such as deepened footings; to be shown on Precise Grading Plan. Includes agency plan check revisions, construction notes, quantities,and construction details. 23) Sewer Plan - Sewer Improvement Plans. Plan will indicate sewer main alignment and sizing, manholes, laterals, and sewer profiles. Includes plan check revisions, construction notes, quantities, and construction details. 24) Water Plan - Water Improvement Plans. Plan will indicate water main alignment and sizing, and locations and sizing of fire hydrants, water meters, and valves. Includes plan check revisions; construction notes, quantity estimate and details. 25) Storm Water Prevention Plan. - SWPPP for use by Client. Plan shall address Best Management Practices (BMPs), as identified in the California Storm Water Best Management Practice handbooks, as appropriate. Includes the filing of the Notice of Intent (NOI) and Notice of Termination (NOT). Also, prepare a Final Water Quality Management Plan (WQMP) in conformity with requirements of the local agency, as approved and amended from time to time by the California Regional Water Quality Control Board. WQMP shall include structural and non-structural BMPs for use by Client to certify temporary and permanent onsite water quality control. 26) Underground Fire Plan - On -Site Fire Line Plans. Includes Fire Marshall approval and verification of fire flows. Includes coordination with fire sprinkler consultant for locations and sizing of detector checks and fire lines. Includes plan check revisions, construction notes, quantities, and construction details. 27) Fire Access Plan - Fire Access Plan per the requirements of the City of Newport Beach Fire Authority. This Plan will identify fire hydrant locations, post indicator valves and fire department connections. Fire lanes, signage, and fire fighter access will also be shown. 28) Onsite Hydrology/Hydraulics Report -Hydrology Report documenting existing and proposed drainage patterns and systems. Includes hydrology map, hydraulic calculations, and a written narrative of the proposed project, its impacts, and how they are mitigated. 29) Site Lighting Plans - Plans showing light fixtures for the site area, as well as wiring diagrams and connections to building electrical systems 30) Statement OF Probable Construction Costs - Statement of Probable Construction Costs based upon the construction documents. Rabben/Herman design office MIM KMNMRO S4S109FROPo5P N14MPAINSPMKD CAU IIOPPAN00T0CPM451ERPR0P0M_1M9RI OW Page 12 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 31) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Task 8 Bidding and Negotiation Assist the Client during the bidding of construction documents for each package. Support will be provided on an as requested hourly basis. A. Addenda - provide addenda to the construction documents during bidding and coordinate written documentation as required. B. Bidder Coordination - respond to bidders questions throughout the entire bidding process. C. Bid Evaluation and Bidder Selection Meetings - attend meetings, if requested, to evaluate the landscape bids- maximum 7 meeting, one for each phase. Anticipated Phase Duration: Not Available Anticipated Deliverables: 1) Addenda and Construction Document Clarifications. 2) Bidder's list, if requested. Task 9 LEED Coordination/ Processing Assist the Client in applying 'Silver' LEED performance standards throughout the design and construction process for the buildings. This includes equipment selection, design review, operational training and post occupancy evaluation. Complete and submit the forms for LEED certification. A. Provide a charette coordination meeting with LEED consultant and selected project consultants to indentify LEED points to be pursued and strategize implementation of selected tasks. B. Prepare plans and specifications for LEED related components, prepare and coordinate documentation online of assigned credits as pertains to assigned roles. C. Fundamental commissioning - including commissioning plan, functional testing, operations and maintenance training and summary report Anticipated Phase Duration: See City Schedule Anticipated Deliverables: 1) Commissioning specifications plan and report. 2) Systems manual. Task 10 Construction Observation Assist the Client in making periodic site visits to monitor the progress of the work and determine if the Project is proceeding in accordance with the design intent of the construction documents. A. Site Visits - provide site visits to monitor the stages of construction, as requested by the Owner. Site visits are anticipated to be weekly for all building construction, every two weeks for seawall construction and dredging, and monthly for the dock construction. Rabben/lfferman design office MIV+RKMIJONa0W.150L509 M0P0YLN1QWMPMXM-0IMWIIWMX OOTMA WSTESMOPO6-IW609R1000 Page 13 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal B. Plant Selection and Tagging - visit Southern California nurseries, if required, to review and tag plant material for use on the project - allow two 8 -hour days. C. Feld Reports or "Punch Lists" - prepare typed field reports indicating the status of construction for each site visit attended. D. Project Coordination - perform on-going coordination with the project consultants and contractors to resolve landscape -related construction installation issues. E. Shop Drawing Review - review, comment and process, contractors shop drawings as they relate to the construction documents. F. Request for Information "RFI's" - review and respond to Contractor's RF's during the course of construction. Prepare clarification drawings, if required, to resolve construction ambiguities. G. Change Orders - prepare and coordinate project change orders as necessary, with the Client. H. Record Drawings - Provide as -designed drawings that record the design intent through all phases of the process. Provide as -built drawings for project incorporating noted discrepancies and minor field related conditions provided to the design team by way of a set of construction documents marked up by the contractor and provided at project close-out. Fee is based on an assumed number of hours per sheet x drafting rate. It is anticipated that the hours allocated will be reviewed and evaluated, and the City will be notified, prior to making the changes if additional time is required. Anticipated Phase Duration: Varies by construction package, see City Schedule Anticipated Deliverables: 1) Field Reports or Punch Lists 2) Reviewed Shop Drawings 3) As -Designed Drawings 4) As -Built Drawings Rabben/Herman design office omacnMnsrcRRRcaasa.-gym RI OM Page 14 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 2 ADDITIONAL SERVICES Services in addition to those identified in Schedule 1 (Scope of Work) when requested shall be identified as such and billed at the current billing rate schedule. Additional services shall include, but are not limited to the following: A. Items that the Client deems are R/Hdo's responsibility indicated in Schedule 3 (Proposal Exclusions). B. FIREWATER BOOSTER PUMP - the necessity of a firewater booster pump system that may be required by the City of Newport Beach Fire department has not yet been determined. If required, the design would be considered an Additional Service, C. WATER CIRCULATION SYSTEM DESIGN - The requirement for a water circulation system will be clarified after agency processing is complete. Upon approval of the proposed system, either by the City of Newport Beach and or the CCC a scope and fee for the design of the system will be submitted. D. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of Schedule 1 (Scope of Work). R/Hdo and their team may be requested to make additional presentations of the project to agencies, the public, or others. If these presentations are required, they will be prepared using Microsoft PowerPoint. E. FEES - Payment for governmental permits, application fees, processing fees, and plan check fees. F. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1 (Scope of Work). G. SPECIAL RENDERINGS - professional renderings often required to portray the project design in a more highly articulated or rendered fashion than is usually customary. H. ADDITIONAL CONSTRUCTION PACKAGES -repackaging of work or the creation of additional packages after the completion of the construction activity package will be an additional service. I. STATE LANDS LEASE AGREEMENT(S) - Preparing, submitting, and finalizing a lease agreement for any state lands found to be within the scope of the project. Rabben/Herman design office uwauerivcaAovosv.awsraoar.:usw�a�nairvnenax� cnivaaaawnaiioorocnuasrenmovosu.,iwwsmmC Page 15 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 3 SPECIFIC EXCLUSIONS A. Horticultural soil testing. B. BIO -SURVEY BY A CERTIFIED MARINE BIOLOGIST. A bio -survey is normally required as part of the ACOE and CCC permit process. This survey must be conducted by a certified marine biologist and is prepared for the purpose of determining the existence of endangered plant and animal life in the impacted areas. If endangered plant or animal life is found and deemed to be impacted by the project, additional costs for mitigation and monitoring will be incurred. These reports are assumed to be by others. C. SPECIAL ENVIRONMENTAL STUDIES - all environmental studies are excluded from this proposal. D. COSTS FOR ALL APPLICATION AND PERMIT PROCESSING FEES - The City will be responsible for payment of all fees. E. GEOTECHNICAL SERVICES - These services are assumed to be provided by City staff or consultants retained directly by the City. F. GOVERNMENT RELATIONS AND DREDGING PERMIT SPECIALISTS -These services are assumed to be provided by City staff or consultants retained directly by the City. G. RESIDENT ENGINEERING - Construction Observation phase services are limited to support of City staff. H. Preparation of General Conditions and Boilerplate section of specifications. It is anticipated that the owner will provide the initial section and contracting terms for the project manual. We do not believe that this project should use the standard specification book ("Green Book") Rabben/Herman design office MWARKUNWRGP0M.,W PR0P0MSW14WWHFPMN0o MA 1NVMN oorocn MnsenRRaoui +rosmR+.00c Page 16 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 4 SUPPLEMENTARY TERMS AND CONDITIONS may vary from those that may actually be existing, despite the use of earn may not obtain complete in ormation about existing conditions. Construction documents shall be in sufficient detail to enable a knowledgeable general contractor following established industry practices to complete construction with routine inquiries for information and engineering clarifications. Based on common waterfront practice and in the Design team's judgment, contract documents will consist of performance specifications sufficient to enable the Contractor and subcontractors to design and construct particular portions of the Project Owner acknowledges that changes to the Construction Documents will inevitably be required as a result of minor omissions, ambiguities and/or inconsistencies in the plans and specifications, or as may arise due to unforeseen site conditions. These changes could impact the project's cost and schedule. The Design Team will make changes to impacted construction documents due to these possible changes at no cost to the Owner. The Design Team will not take responsibility for construction cost or schedule due as a result of these minor omissions, ambiguities and/or inconsistencies in the plans and specifications, or as may arise due to unforeseen site conditions. Site observations shall be only for the purpose of determining, in general, if the work is in compliance with Construction Documents and with the general design intent. The Design Team will have no involvement in construction means, methods, sequence, techniques or safety precautions; and will not otherwise take responsibility for contractor performance. Since the Design Team has no control over the cost of labor, materials or equipment, cr over any •o rc or s method of determining prices or over com e ' ' hiddlag e.- o -a r apinion o probabl construction co neemi re Project are based solely upon his informed judgment and if Owner wishes great4r Ilatton-of-seawat ss near hies rs a w nsitive-issue. with vibrations or loss of suppr tential r is type of construction. The Design team will attempt to mitigate these potential Gond ingenuity and forward t i rrt-eanaotg 2ntee construction efforts will not proceed without some e sensitive issues will be discussed directly with the City.of_NewportB.each Pu is so thr Rabben/Herman design office uuuwu-rimwnorosusasvnaccaumiuuaMnsranm cwwmwau�rcoman unsmwaaaoseiIm RIoa Page 17 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 5 FEE SCHEDULE We will perform the Scope of Work as described for the following fees, plus reimbursable expenses. The Design Team reserves the right to use unspent funds for a given task to supplement another task or phase with prior written City approval. (See attached spreadsheet) Rabben/Herman design office IAWW KMIIQPROPO:N.S99PROPOS S014kARINAPA KDQ GLMARINAGPRNODTCCAANSIERPROPOCAI._IWh9R1DOC Page 18 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 6 Standard Hourly Rate Schedule Effective January 1, 2010 SCHEDULE OF FEES For Professional Services COMBINED RATE SCHEDULE FOR THE FULLTEAM ATTACHED Hourly rate schedule is subject to adjustment in July of each year. Reimbursable Exoenses Travel: Private vehicles @ $0.585 per mile. Such as: Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials, long distance telephone, telex, fax, special shipping or delivery, models and renderings, lodging and subsistence. ftabben/fferman design office Page 19 of 19 E N E i 0 m E � LL r 3 E EXHIBIT B MAR/NA PARK COMBINED RATE SCHEDULE Rabben Herman design office Principal $ 195.00 Senior Engineer/Scientist Senior Associate $ 135.00 $ Associate $ 85.00 164.00 Staff $ 75.00 Staff Engineer/Scientist Clerical $ 55.00 $ Moffat & Nichol Supervisory Engineer/Scientist $ 215.00 Senior Engineer/Scientist $ 197.00 Engineer/ Scientist III $ 185.00 Engineer/ Scientist II $ 164.00 Engineer/ Scientist 1 $ 143.00 Staff Engineer/Scientist $ 114.00 Senior Technician $ 158.00 Designer $ 147.00 CADD 11 $ 121.00 CADD 1 $ 92.00 Word Processing $ 92.00 General Clerical $ 74.00 Principal Engineer/Scientist $ 240.00 Court Appearances $ 300.00 Bundy Finkel* Principal $ 150.00 Senior Designer $ 125.00 Project Manager $ 105.00 Draftsperson $ 85.00 Clerical $ 45.00 *Hourly rates for Subconsultants to Bundy Finkel available on request $ 121.00 Fuscoe Engineerin President $ 234.00 Principal $ 206.00 Senior Project Manager $ 196.00 Project Manager $ 159.00 Senior Designer/ Project Engineer/Senior Water Resources Engineer $ 136.00 Designer/Engineer/Project Scientist/GIS Coordinator $ 121.00 CADD/Engineering/ Environmental Tech./Graphics Tech. $ 94.00 Information Coordinator $ 70.00 1 Man Survey Crew $ 160.00 2 Man Survey Crew $ 215.00 3 Man Survey Crew $ 245.00 Butsko Utilitv Consultants Principal in Charge $ 135.00 Project Manager $ 110.00 Project Coordinator $ 80.00 Designer $ 95.00 AutoCAD Drafter $ 65.00 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07/19/2010 Dept./Contact Received From: Shauna Oyler Date Completed: 07/20/2010 Sent to: Shauna Oyler By: Michelle Ross Company/Person required to have certificate: Rabben/Herman Design Office Ltd. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): "A+"(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include):. Is it included? (completed Operations status does not apply to Waste Haulers) ®Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ®Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 0 Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. tt. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Prooertv Casualt B. AM BEST RATING (A-: VII or greater) "q+"(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): "A+"(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: AXA1eeA9ass 674e 20, Z010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date ® Yes ❑ No CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 July 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb, Deputy Public Works Director/City Engineer 949-644-3328, dwebb@newportbeachca.gov SUBJECT: MARINA PARK - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RABBEN/HERMAN DESIGN OFFICE AND GABLE CONSULTING ISSUE: Staff is requesting approval of Professional Service Agreements with Rabben/Herman and Gable Consulting to continue with the design and permitting of the Marina Park Project. RECOMMENDATION: 1. Approve and authorize the Mayor to execute a new Professional Services Agreement with Rabben/Herman Design Office to provide permitting support; project plans, specifications and other necessary construction documents/reports; and provide construction observation services for a cost not to exceed $2,203,713. 2. Approve and authorize the Mayor to execute Amendment No. 5 to the Professional Services with Gable Consulting to provide Project Management Services including oversight of the various design consultants, project permitting, design review and cost estimating, value engineering, project scheduling, construction bid and award services and other necessary project support services for a cost not to exceed $144,345. DISCUSSION: In early 2005, the City Council formed the City Council/Citizens Committee on Marina Park Planning, The Planning Committee met in a series of public meetings which produced a plan that combined two of the most prominent proposals from the Planning Committee. On October 10, 2006, the Council favorably received this Concept Plan (then called the Park + Marina Plan) and approved a scope of work for it. The City also entered into an agreement with Rabben/Herman Design Office (R/HDO) for further conceptual design, site analysis, programming needs assessment and cost estimating for the Marina Park Project in November 2006. A Council/Citizens Committee on Marina Marina Park July 27, 2010 Page 2 Park Design was created and met 5 times to refine the design concepts presented by R/HDO and its sub -consultant team. In February 2007 the City entered into an agreement with Gable Engineering Inc to provide on-call Civil Engineering, Project Management and supplement staff support for several projects as well as the Marina Park project. In October 2007 consensus was reached by this committee and R/HDO finalized the conceptual design and prepared a Master Plan Final Report for the project. The concept plan proposed a new visiting vessel marina, a visitor side tie dock and floating docks to support youth and adult sailing programs, an 11,000 square foot Sailing Center building to support the needs of various sailing programs within the community and a 10,000 square foot Community Center to support the Sailing Center and other community programming needs. The upper floor of the Community/Sailing Center includes a small cafe with outdoor seating, a second floor patio/deck with views to the bay and a conference room and catering kitchen to support various events such as award banquets. The remainder of the site will be a community park which will provide physical and visual access to the bay beach (a window to the bay). The amenities of the park include a new Girl Scout house, tennis courts, half -court basketball courts, tot lot and children's water play area. Reconstruction of the 19th street restroom was also included in the project by the Council/Citizens Committee subsequent to completion of the Master Plan Final Report and will be included through the permitting phase. Actual reconstruction of the restroom facility will be dependent upon available funding. On November 13, 2007, the City Council approved the Marina Park Concept Plan and Final Master Plan report and authorized the City Manager to bring forward a contract with R/HDO for the schematic design phase of the Marina Park Project and proceed with preparation of CEQA documents. This work has now been completed and the project is ready to enter into the Design Development and Permitting phases. Rabben/Herman Design Office Contract As R/HDO is very familiar with the project and has provided quality services for the project to date, and has worked with staff to negotiate a fair and competitive fee for the proposed design services, staff is recommending City Council approve a new contract with the Rabben/Herman Design Office and its sub -consultant team to continue their efforts to complete the design and bid packages as well as to obtain the necessary regulatory agency permits for the various phases of the project, including the contiguous beach improvements north to the proposed replacement of the existing restroom at 19th street. R/HDO will refine the schematic design plans through the design development phase and then produce the construction documents and bid packages. R/HDO will provide plans and technical information as needed to support our Coastal Commission consultant in obtaining a Coastal Development Permit. Additionally R/HDO will oversee/coordinate and manage a number of key sub -consultants including Bundy/Finkle Architects (architectural plans for the Community/ Sailing Centers and the Lighthouse Restroom), Moffit and Nichol Engineers (Marina, docks and dredging portion of the project), Fuscoe Engineering (Civil Engineering surveying, grading plans, demolition plans, utility plans and a Water Quality Management Plan) and Butsko Utility Design (utility coordination services for relocation/underg rounding of the existing overhead utilities). Marina Park July 27, 2010 Page 3 Gable Consulting Gable Consulting has assisted the City with the Marina Park project since February 2007. This addendum with Gable Consulting will continue to provide staff support and project management services through the regulatory agency permitting, plan development and project bidding phases. Other related tasks include plan check/value engineering reviews, project scheduling and cost estimate validation for phases 1,11 and III of the project; and assisting staff with the purchase of the vacant SCE substation parcel, grant application and coordinating with various stakeholders such as the American Legion and Girl Scouts. ENVIRONMENTAL REVIEW: On May 11, 2010, the City Council adopted Resolution No. 2010-46 certifying the Environmental Impact Report for the Marina Park Project, and adopted Resolution No. 2010- 47 adopting a Statement of Overriding Considerations, and approving the Site Plans for Phases 1, 2, and 3 of the Marina Park Project. PUBLIC NOTICE: Not Applicable FUNDING AVAILABILITY: Sufficient funds are budgeted and available in the following account for both the Rabben/Herman Design Office and the Gable Consulting contracts to continue their efforts on the Marina Park Project. Account Description Major Facilities Fund (R/HDO PSA) Major Facilities Fund (Gable PSA) Prepared by: Dave Webb Deputy Public Works Director/City Engineer Account Number 7411-C4002002 7411-C4002002 Total Submitted Amount $2,203,713.00 $144,345.00 Stephen G. Badum" ' ra'rPublic Works Director Attachments: 1. Professional Services Agreement with Rabben/Herman Design Office. 2. Amendment 5 to Professional Services Agreement with Gable Consulting. PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR MARINA PARK THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and RABBEN/HERMAN DESIGN OFFICE LTD, a California Corporation whose address is 833 Dover Drive, Suite 9, Newport Beach, California, 92663 ("Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to reuse the existing Marina Park property to construct a Marina, Community Sailing and Community Center Buildings and Community Park. C. City desires to engage Consultant to act as the lead consultant for preparation of permitting support, design development, construction documents and construction observation services for the Marina Park Project ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Daniel W. Herman, Vice President of RABBEN/HERMAN DESIGN OFFICE LTD. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million, Two Hundred Three Thousand, Seven Hundred Thirteen Dollars and no/100 ($2,203,713.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be Professional Services Agreement Page 2 limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.4 Upon the first anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the rate to be paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 3.0% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original rate by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2011, the index to be used for the numerator is the index for the month of March 2011 and the index to be used for the denominator is March 2010. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this agreement be reduced below the Rate in effect immediately preceding such adjustment. The maximum increase to the Rate, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect immediately preceding such adjustment. Professional Services Agreement Page 3 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DANIEL W. HERMAN to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. DAVE WEBB, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall - Professional Services Agreement Page 4 be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by Professional Services Agreement - -- Page 5 statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or Professional Services Agreement Page 6 subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements Workers' Compensation Coveraqe. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the Professional Services Agreement Page 7 minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Professional Services Agreement Page 8 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership orjoint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Professional Services Agreement Page 9 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained In Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. Professional Services Agreement Page 10 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Webb Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3328 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Daniel W. Herman Rabben/Herman Design Office LTD 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Phone: 949-548-3459 Fax: 949-548-5743 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be Professional Services Agreement Page 11 required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. ivaV A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Professional Services Agreement Page 12 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Professional Services Agreement Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY AT RNEY: By:_ yn D. Beaiu mp, Assistant City At or ey ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation By: -- Keith D. Curry, Mayor CONSULTANT: RABBEN/HERMAN LTD. DESIGN OFFICE By: By: Leilani I. Brown, Daniel W. Herman, City Clerk Vice President and Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 14 EXHIBIT A Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Date: May 120 Revised June 18, 2010 Project: Marina Park - Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard PO BOX 1768 Newport Beach, CA 92658 Contact: Mr. Dave Webb, Deputy Public Works Director Tele: (949) 644-3328 FAX: (949) 644-3308 E -Mail: dawebb@citv.newoorL-beach.ca.us Project Team Landscape Architect & Proposal Date Architect Marine Engineer Civil Engineer Dry Utility Consultant Rabben/Herman Design Office June 18, 2010 Bundy Finkel Architects June 16, 2010 Moffat and Nichol June 9, 2010 Fuscoe Engineering June 10, 2010 (Phase 1 and 2) April 13, 2010 Butsko Utility Consultants April 16, 2010 Understanding and Approach: R/Hdo will manage a team assembled to provide permitting support, Design Development, Construction Documents and Construction Observation services for the Marina Park project. The improvements to be designed as illustrated in the Marina Park Schematic Design Plan, as prepared by R/Hdo, dated October, 2008, amended on April 2009. The permitting support services will be provided directly to City retained consultants and will include preparing supplemental documents for applications and interfacing with the California Coastal Commission, the Corps of Engineers, and other jurisdictions having authority over the project Bidding support and Construction Observation phase services will be provided as requested by City staff. A summary of the services includes: Update Schematic Design Plans Incorporate approved VE modifications to the building and site plans. Develop the marina basin water circulation system and prepare structural calculations and engineering sketches for seawall conditions, groin wall, elevated platform and hoist, and marina guide piles in sufficient detail to define project components. Agency Processing and Permitting Prepare and submit necessary documentation for submittals to the California Coastal Commission, the Corps of Engineers, the City of Newport Beach Harbors Department, and other jurisdictions having authority, over the project. The Coastal Commission process is being led by a City retained Consultant. All work would be completed on an hourly basis only upon request of the Consultant and the approval of the City's Project Manager. Rabben/Herman design office Miiariwaaaceosuswnmoaosuswieuawruruix� rnuwmnmaaxoorocaMnsrcacaovostiromsai.00c Page 1 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Phase I and II Schematic Design Develop plans for removing the remaining trailers and any other site improvements and construction of new improvements per the exhibits prepared by R/Hdo, dated July 28, 2009. Identify key issues and costs associated with each phase Phase I and II Design Development, Construction Documents Refine plans for removing the remaining trailers and any other site improvements and construction of new improvements per the exhibits prepared by R/Hdo, dated July 28, 2009. Phase III Design Development Plans Prepare Design Development Documents reflecting all of the site and building improvements described in the Schematic Design Plans, as well as incorporating the adjustments made after the review of the opinion of probable cost. All phases of the project would be brought to a Design Development level, as a single plan package. Phase III Construction Document Phase(s) Assist in the preparation of a scope and scheduling of the project elements. Prepare Final Construction Documents and technical specifications for the construction of all of the elements included in the Design Development Documents unless modifications are directed by the City. Plans would be prepared in multiple packages; (1) marina seawall and dredging, (2) docks, (3) buildings and site improvements. The buildings and site improvements package would use phasing lines to divide the project being bid and constructed into two phases. Bidding and Construction Observation Phase(s) As the City staffing level is unknown at this time estimates of general support have been provided. Services would be provided on an hourly basis as requested by the City. Assumptions: The proposal is based on the following assumptions: Our proposal is organized according to the latest schedule and phasing plans as prepared by the Public Works Department. Fees are identified by phase on the Fee Schedule in Attachment 5. The schedule also identifies the time period the work is expected to be completed. All stimated in 2010 dollars. The contract will allow for annual escalation on the contract anniversary for work occurring m e e escalation will be calculated based on the increase in the Consumer Price Index for the length of the time period, pro -rated for the first yea—ro—r%—cUMr thereof and annually thereafter. All design services are proposed to be completed on an hourly not -to -exceed basis. We will start with the last circulated version of the Schematic Design package (dated October 6, 2008) and incorporate the VE reductions and the City's modifications. In addition further work will be completed on the Water Circulation Study and structural design of water side elements both of which will be used for the Agency applications and the DD phase drawings. The four primary agencies that will require approval include: City of Newport Beach/Harbors Division, the Army Corps of Engineers, the Regional Water Quality Board, and the California Coastal Commission. The Corps has been identified as the lead agency for all other federal review of the Marina portion of the project. We do not anticipate the need for Design Development level drawings for any of these submittals, though we do anticipate the need for Rabben/Herman design office enuwxtnxcoanoros Maaceow.swJm,wWMKDo_uwamwaMKWT��Io RJMC Page 2 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal special exhibits and summary information that will utilize and/or supplement the Schematic Design drawings. The specific requests will be directed by the City retained Coastal Commission Consultant and approved by the City's Project Manager . Applications for other agencies, specifically the Army Corps of Engineers, the Regional Water Quality Control Board, State Water Resources Control Board and the California Department of Fish and Game will be prepared by the team. At this time it is not anticipated that the project will require a Lease Agreement with the CSLC, however we have included the effort to conduct a jurisdictional review with the State Lands Commission The Department of Public Works will be responsible for all work associated with the asbestos removal for all buildings and coaches being demolished as part of the project. The City will retain directly a Government Relations Specialist, Geotechnical Engineer, and a Marine Biologist, to lead the preparation applications, consistency evaluations, and briefings to agency staff, inform lead technical staff and agency commissioners of the intent and the details of the project. These consultants will coordinate the California Coastal Commission approval process, set meetings, and coordinate the responses to the various agencies. The design team will provide input as requested on an hourly basis. It is anticipated that there will be a need to prepare a Compensatory Mitigation Plan, but since many of the details will not be defined until the review is substantially complete, scope and fees forthat work will need to be added to this contract at the appropriate time. Work specifically related to the Girl Scout House is generally not included in this scope of work. Pad improvements and utility extensions are included, along with approvals from the California Coastal Commission. Replacement of existing City utilities running thm the site are not part of this proposal with the exception of the undergrounding the existing overhead electric line and the relocation of existing dry utilities. This proposal includes the design of new utility laterals and connections to supportthe proposed facilities. These laterals will be connected to the existing utility services. Further coordination regarding the timing of the undergrounding and associated improvements within the overall schedule is required. The work is expected to begin in May 2010 and the Coastal Commission submittals for Phases I, II and 111 are scheduled for July 6, 2010. A new Phase I and 11 Schematic Design package will be prepared and utilized for these submittals. Work would begin on a single construction package for Phase I and II following the first set of Coastal Commission comments and approval by the City of Newport Beach. A decision to prepare plans only for Phase I or for both Phases I and 11 would be made by the City at this time. The package would be completed by early October and be submitted for City Approvals and Permitting. Design Development will be prepared for all portions of the Phase III scope simultaneously, in order to maximize integration and coordination between the packages. This work is expected to start once the first round of comments on the Phase 3 work have been received from the Coastal Commission, and will incorporate the input from the Water Circulation Study and the design of the seawall and docks prepared for agency processing. Preparation of the Phase III Construction Documents would be prepared in multiple packages. These include a seawall & dredging package, a docks package and a park and building package. The park and building package will show phasing lines so that the improvements can be approved, bid & constructed as separate projects, yet maintain the necessary integration and coordination. We believe that this is the most economical method to prepare these plans and to obtain building permits from the City. Rabben/Herman design office emtitioa�nxcma+osuswswmaasusawuwiwnvuuoo_wewawaaarcomocnvnsnreaaaosu_ioomnR, oac Page 3 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Copies of all proposals from the prime consultants and the sub consultants have been included in the Appendix section of this proposal. Tasks from the prime consultants have been incorporated into the scope of work. These proposals are provided for information only and we do not anticipate them being made part of the final contract. It is expected that during the Construction Phase meetings will be held regularly throughout the Construction Phase and attendance will only include the relevant consultants. As team lead R/Hdo expects to attend all meetings. These meetings are assumed to be held once every two weeks during the dredging operation, monthly during the Dock Construction phase and weekly during the other two phases. Rabben/Herman design office Muw+xEnmanxarowMaRa+osusnwxuuuneraaimo_uw�aiwwnxrc DDTo rus�a�i�RLMC Page 4 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 1 SCOPE OF WORK Task 1 Update Phase 3 Schematic Design Documents - completed SO documents would be updated to incorporate City approved VE scope changes, the detailed water circulation system study would be completed and structural calculations and engineering sketches would be prepared to properly define project components to a level appropriate to submit to State and Federal Agencies. A. Revise/update completed Schematic design documents to reflect all City approved Value Engineering scope changes and City comments. This includes revisions to both the building and the site related plans. B. Develop the water circulation system design and the implications of the proposed system to the basin and dock design. Select an appropriate circulation system/device and determine the impact on the docks and seawall. C. Prepare sketches and project descriptions that can be used in permit applications. D. Prepare structural calculations and engineered sketches for the seawall conditions, groin wall, elevated platforms and hoist, and marina guidepiles, in sufficient detail to properly define project components to the satisfaction of State and Federal agencies. Anticipated Phase Duration: 4 months Anticipated Deliverables: 1)Final Modeling and Evaluation of Water Quality in proposed Marina layout. 2)Permit application and supporting documentation for each agency application. 3)Revised Improvement Plans and Overall Site Plan. Task 2 Agency Processing and Permitting for Phase 1, 2 & 3 -This scope includes two major tasks; support for the City's Coastal Consultant for the application and review by the California Coastal Commission, and application with related support for all the subsequent permits required for the project The first task would be performed hourly as requested by the City's Coastal Consultant and approved by the City's Project Manager. A. Prepare documentation requested by City's Coastal Consultant for submission to CCC to gain approval of Phase 1, 2 and 3 plans and the coastal development permit. B. Prepare and submit applications and supporting documentation to COE, RWQCB, CSLC and CDFG to gain approval of marina and park, and the transfer of dredged material to receiver beaches located within the City. C. Meet with agencies to clarify submittals and responses. It is expected that there will be 1 formal hearing with each agency and two direct meetings with agency staff D. Revise improvement plans in response to Agency requirements. E. Incorporate revised plans into overall site plan Anticipated Phase Duration: 6-12 months Anticipated Deliverables: 1) Permit application and supporting documentation for each agency application. Rabben/Herman design office MWRkerWcmrsopowswsc POWsnt<wanu MK �WMK coracnewsm+cxaaoscL+aososavooc - Page 5 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Task 3 Stakeholder and Public Meeting Participation - as the project progresses prepare for and participate in meetings to inform various constituencies of the status of the project and it's processing, as well as present the various milestones in the project design. Task 4 Phase I and If Schematic Design Documents - develop Concept Plans for Phase 1 and II, as prepared by R/Hdo July 28, 2009 to a schematic level suitable for submittal for permitting to State and Federal agencies. A. Prepare a schematic level plan indicating removal of the existing coaches and demolition required for Phase I and II improvements. B. Prepare schematic plans to regrade the site, restripe the existing asphalt alley, add sidewalks and a restroom, and the necessary utility improvements in general conformance to the Concept Plans Meet on-site with the city and the team and review the Schematic Designs. C. Revise the preliminary plans to a final Schematic Design level. D. Preparation of a Preliminary Water Quality Management Plan for Phases 1 & 2 Anticipated Phase Duration: 1 month Anticipated Deliverables: i)Demolition Plan 2)Hardscape Plan 3)Landscape Plan 4)lrrigation Plan 5)Utility Improvement Plan 6)Preliminary WQMP 7)Preliminary Grading Plan Task 5 Phase 1 and 2 Construction Documents A. After collection and review of City and Coastal Commission Comments, prepare Detailed Construction Documents for Phases 1 and 2 of the project Anticipated Phase Duration: 6 Weeks Anticipated Base Scale: 1" = 40', 1" = 20' & 1"=8' Anticipated Sheet Size: 24" X 36" Anticipated Deliverables: Construction Document and Specifications Package 1) Hardscape Construction Plans - Construction Plans indicating construction reference notes, legends, material schedules, and layout and detail reference call -outs. 2) Planting Plans - Planting Plans indicating planting locations, complete with detailed notes and legends 3) Planting Details - Planting Details. 4) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends, sprinkler head layout, piping, POC's, valves, backflow and irrigation controller locations. 5) Irrigation Details - Irrigation Details. Rabben/Herman design ace Aiiuwa nmwaoeo:usosmwosusouvsxnuarnanoD_cawwwwnnrc oorocawsiEa ORMALJ OMR1 oa Pa9e 6 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 6) Utility Improvement Plans - Plans showing utility connections for restroom and irrigation. 7) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents 8) Precise Grading Plan - Finalize plan showing grading and drainage. 9) Final Water Quality Management Plan including SWPPP and N01 10) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Task 6 Phase 3 Design Development (Preliminary Engineering) B. Kick Off meeting - meet with the project team in a workshop setting to review the changes that have been requested, as well as concerns raised by the EIR, agency comments and other public inputs. Discuss submittals and project schedule - assume one meeting. C. Supplemental Survey - Conduct additional survey for horizontal and vertical controls in areas where significant coordination with existing work is required - at the American Legion, in Newport Boulevard at the location of the proposed turn pocket, along 18' Street, potholing of existing utilities, and the elevation data necessary for the two beach replenishment sites at China Cove and Lifeguard headquarters. D. Develop Design Development level documents identifying all major elements and materials for the project, as included in the approved Schematic Design package, prepared by R/Hdo, dated October 6, 2008 E. Interim Review Meeting - Conduct In process review of each element with City Representation to review progress and make decisions. F. Interim Submittal - Submit 50 % DO plans for formal review and comment. G. Team Coordination Meetings- attend team coordination meetings with the project team to resolve specific coordination issues - assume 5 meetings. H. Prepare Outline Specifications. I. Consultant Coordination. J. Design Development Submittal - Submit 100% Design Development Package for all elements and collect City comments and input. Responding to all City comments is not anticipated with a new 100% DD Submittal; rather all changes would be reflected in the first CD submittal. A matrix identifying all comments and agreed upon resolution of those comments would be prepared and submitted. Anticipated Phase Duration: 18 Weeks Anticipated Base Scale: 1" = 40', 1" = 20'& 1"=8' Anticipated Sheet Size: 24" X 36" Anticipated Deliverables: Design Development Package Waterside Design Development Elements consisting of the following plans: 1) Design Development Sea Wall & Groin Wall Layout drawings - Plans, sections and elevations describing dimensions composition and construction of wall systems, as well as intended utility and dock connections. 2) Design Development Dock Layout Plans - Plans showing dimensions, materials, utilities and accessories. Rabben/Herman design office MuwocEn�narosusosvaovosuSW%m ixnvaenoo_cAIWRiWMK oorocn rushaarswosu_ioom9ruooc Page 7of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 3) Dredging documents - exhibits describing extent and quantity of dredging and proposed methods and locations of disposal. 4) Design Development Detailing of ADA gangway, guard rails, gates, hoist support, and other architectural appurtenances. 5) Design Development of water quality circulation system - see Schedule 2 Additional Services #2. 6) Completion of Structural Design on seawall and groinwall. 7) Preliminary Plans For Beach Replenishment project. Architectural Design Development Element consisting of the following plans: 1) Updated partial site plan with building footprints defined, location of services, parking, access to and from site and building from within 5' building perimeter. 2) Design Development Dimensioned exterior elevations. 3) Design Development Dimensioned floor plans. 4) Selected building sections / details sufficient to describe building character. 5) Updated outline specification in 81/2" x 11" format 6) Refined color and materials board for exterior materials and selected interior materials. 7) Preliminary drawings defining key systems components - structure, mechanical, plumbing, and electrical systems. 8) Coordinate building structural systems with waterside structural design. 9) Conceptual sketches of key interior elevations, special treatments and feature design concepts. 10) Outline report for LEED documentation. Site Desion Development Element consisting of the following plans: 1) Base sheets compiled from the survey, the architectural footprint, and the civil engineering layout for the roads and gutters. These base sheets will be the basis for all site based plans prepared during design development and construction documents. 2) Design Development Hardscape Construction Plan. Prepare Plan indicating construction notes and legends, materials, finishes, colors and detail reference call -outs. Identify specific manufacturer of playground and water play equipment. 3) Enlarged Hardscape Construction plan for key areas. 4) Design Development Planting Plan. Prepare Planting Plans indicating planting notes and legends, Tree sizes and locations and preliminary shrub palette 5) Design Development Details. Prepare construction details for hardscape and landscape elements including playgrounds water park, entry sign, site furniture shade structures and rails/fences. 6) Design Development Layout Plan. 7) Design Development Irrigation Plan. Prepare Irrigation Plans indicating general irrigation notes, preliminary irrigation equipment legends, and mainline layout 8) Design Development Signage Plans - Prepare plans identify type, location, verbiage and character for Site signage for Project Identification, Safety and Way finding. 9) Lighting Plans. Prepare plans identifying Lighting elements and conceptual fixture selections. 10) Water Play Coordination Plan. Prepare preliminary layout of water play elements, and equipment locations, identifying precise utility requirements and points of connection. 11) Landscape Construction Estimate of Probable Cost Rabben/Herman design office ncwoa�NWRa OuM PaocosumiaomraWMKDocxwwx MK DDTo AW�varoosntmo MIo Page 8 o 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Civil Engineering Preliminary Engineering Element consisting of the following plans: 1) Design Development Grading and Drainage Plans -Plans describing specific grading and drainage intent and final elevations of all elements. 2) Design Development Civil Layout Plan - Plans describing site civil components including new curbs and vehicular pavements. 3) Design Development Utility plans - Plans showing wet utility locations elevations and appurtenances. 4) Design Development Fire Access Plan - Plan showing access to all locations required by the City Fire Department, with information about access routes and signage, hydrant and connection locations, and preliminary fire line locations. 5) Design Development Pavement Marking Plans 6) Design Development Traffic Control Plans 7) As a part of the overall site improvements, plans showing the necessary improvements to Balboa Boulevard as well as the widening of 18i° street. 8) Preparation of the Final Water Quality Management Plan Utility Design Development Element consisting of the following plans: 1) Design Development Site Utility Profile Summary 2) Project Plan identifying Utility Company Processing Milestones 3) Preliminary Plan Submittal Letters for Utility Companies Task 7 Phase 3 Construction Documents Prepare construction documents and specifications suitable for bidding. Packages will be prepared for Marina Seawalls/Dredging, Balboa Center and Park improvements, and Marina Docks. The Balboa Center/park package would utilize phasing lines to divide the plans into two bidding/construction phases. Precise timing and phasing of each package will be contingent upon the Construction Activity Plan. Each of the activities below will be conducted for each of the packages, unless otherwise specified. A. Review Meeting - In a workshop setting, review the comments generated by the Design Development Submittal that pertain to the Construction Package, as well as current status of the other packages. Discuss schedule for submittals, review and issue of drawings for bidding. Assume four meetings B. Consultant Coordination - provide coordination as it relates each team members work relative to other project consultants work, within each individual package. C. In -House Review and Plan Check - provide continuous in-house review and plan check of the Construction Documents. D. Preliminary Submittal - submit a 60% complete construction documents package to the Client for review and comment. E. Plan Revisions - provide revisions to the landscape construction documents to gain Client and City approval. F. Package Coordination - prior to submitting the Complete Package, distribute a copy of the package to Consultants preparing other packages for review, comment and coordination. Rabben/Herman design office CI1M9RNETINGVROPJS°L5109PROPQSILSg1MVAIN5PMXOD_GNWVIINPMNORLCLA M1MSIEA%IWOSPl_10%49R1 DCC Page 9 of 19. Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal G. Complete Submittal - submit a 90% complete construction documents package to the Client for review and comment. The 90% Submittal is intended to be used for the necessary City review and Planning and Building Department permits: all the construction documents will be reviewed by Planning, Fire, Police, Parks General Services and Public Works. Building Permits would be issued for the packages containing habitable buildings. H. Team Coordination Meetings - attend team coordination meetings with the projectteam to resolve specific coordination issues - assume 6 meetings. I. Utility Company Design Coordination - Obtain work orders required to submit plan package to utility companies and establish schedule for design, review, and completion. Coordinate design effort by utility company and team review of utility design. Obtain and review all utility agreements for accuracy of cost methodology and rule application. Process agreements and right-of-way documents. Deliver final utility agreements/contracts to client. Provide summary of project costs incurred and potential refunds. J. Plan Revisions - provide revisions to the landscape construction documents to gain Client and City approval. K. Complete "BID SET' Submittal - submit a 100°% complete "Bid Set" construction documents package to the Client for bidding purposes. Anticipated Phase Duration: See Project Schedule Anticipated Base Scale: i" = 40', 1" = 20' & 1"=8' Anticipated Sheet Size: 30" x 42" Anticipated Deliverables: (listed by construction package) Seawall Dredging and Groin Wall Construction Package 1) Seawall and Groin Wall Construction Documents - These plans will illustrate the construction of the seawall and jetty, including structural design and calculations. 2) Grading/dredging Description Documents - Plans describing the scope and extent of grading/dredging and the testing and disposal strategy for the removed material. 3) Beach Replenishment Plans showing the placement and quantities of sand being placed at two on shore locations as well as the near shore disposal sites. 4) Seawall and Groin Wall Guardrail Design - Details illustrating the design of the railing atop the seawall, reflecting the design character of the remainder of the site. 5) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents. 6) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Dock Systems Construction Package 1) Dock Layout Plans - Plans showing dimensions, materials, utilities and accessories. 2) Performance Specification - Criteria describing required characteristics of dock structural and pontoon system, Gangways, sewage pump -out system and any other specialized mechanical systems. Rabben/Herman design office MIWKnrvcraoOMSmraremosa.suiw,wnuvanxoo_cwMoreixr�aeH MY= WSTExmaa0su-1w RIMC Page 10 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 3) Dock System Utility Package - Drawings showing utility systems and their connection to the landside utility system. 4) Water Circulation System Drawings and Calculations - Plans describing the equipment and it's installation in the Basin, with the connection to utilities and structures. See Schedule 2 Additional Services #2. 5) Statement of Probable Construction Costs - prepare a Statement of Probable Construction Costs based upon the construction documents. 6) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Balboa Center and Park Construction Package 1) Architectural Plans for Balboa Center Building(s) - Construction documents describing restroom building, indicating dimensions, materials, fixtures furnishing and finishes. These plans include floor plans, roof plans, accessibility plans, sections, elevations details and finish schedules. 2) Structural Plans and Calculations for Balboa Center Building(s) - 3) Architectural Plans for Lighthouse Restroom - Construction documents describing restroom building, indicating dimensions, materials, fixtures furnishing and finishes 4) Structural Drawings of Lighthouse Restroom - Structural drawings and calculations for the restroom building 5) Plumbing and Mechanical Plans for Balboa Center Building(s) - 6) Electrical Plans for Balboa Center Building(s) - 7) Plumbing Plans - Plans describing plumbing systems for restroom building, and establishing points of connection for utilities 8) Electrical Plans - Plans describing electrical systems for restroom building, and establishing points of connection for utilities, and integration into proposed secondary system. 9) Title 24 Calculations - Calculations for California energy efficiency requirements. 10) Fire/Life Safety Concept Design - Conceptual layout of Fire Sprinkler and Life Safety System with performance Based Specification for deferred design by contractor. 11) Construction Document Base Sheets - Refine the design development base sheets prepared during design development. Delineate the scope of Site development associated with the Balboa Center. These base sheets will be the basis for landscape construction documents. 12) Hardscape Construction Plans - Construction Plans indicating construction reference notes, legends, material schedules, and layout and detail reference call -outs. 13) Tennis Court Construction Plans - Plans indicating the layout and construction of the tennis courts and their related furniture and equipment. 14) Hardscape Construction Details - Construction details of hardscape elements, i.e. steps, walls, fountains, pools, etc. 15) Planting Plans - Planting Plans indicating planting locations, complete with detailed notes and legends. 16) Planting Details - Planting Details. l 17) Irrigation Plans - Irrigation Plans indicating general irrigation notes, legends, sprinkler head layout, piping, POC's, valves, backflow and irrigation controller locations. 18) Irrigation Details - Irrigation Details. Rabben/Herman design office Page f 1 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 19) Signage Plans - Drawings to guide fabrication and direct installation of Signage for project Identity, safety and way -finding. Establish signage schedule and coordinate requirements and character with internal building signage. 20) Street and Parking Lot Plans with profiles for the project frontage at 18th Street and Balboa Boulevard. Includes widening of 18th Street and driveway modifications to Balboa Boulevard. Plan will reflect finished paving, signing and striping, curbs and gutters, sidewalks and street lights. Includes plan check revisions, construction notes, quantities, and construction details. 21) Rough Grading Plan - Rough Grading Plan including rough grade pad elevations, slopes, street undercuts, edge conditions, cross sections, and other pertinent information required for rough grading. Includes earthwork calculations, agency plan check revisions, construction notes, quantities, and construction details. 22) Precise Grading Plan - Precise Grading Plan. Including plotting of local grading design. Sidewalks to be shown for reference only with construction details to be shown on landscape architect's plans. Parking bays, courtyard grades, sidewalk grades, earthwork calculations, erosion control and construction details, such as deepened footings, to be shown on Precise Grading Plan. Includes agency plan check revisions, construction notes, quantities, and construction details. 23) Sewer Plan - Sewer Improvement Plans. Plan will indicate sewer main alignment and sizing, manholes, laterals, and sewer profiles. Includes plan check revisions, construction notes, quantities, and construction details. 24) Water Plan - Water Improvement Plans. Plan will indicate water main alignment and sizing, and locations and sizing of fire hydrants, water meters, and valves. Includes plan check revisions, construction notes, quantity estimate and details. 25) Storm Water Prevention Plan. - SWPPP for use by Client Plan shall address Best Management Practices (BMPs), as identified in the California Storm Water Best Management Practice handbooks, as appropriate. Includes the filing of the Notice of Intent (N01) and Notice of Termination (NOT). Also, prepare a Final Water Quality Management Plan (WQMP) in conformity with requirements of the local agency, as approved and amended from time to time by the California Regional Water Quality Control Board. WQMP shall include structural and non-structural BMPs for use by Client to certify temporary and permanent onsite water quality control. 26) Underground Fire Plan - On -Site Fre Line Plans. Includes Fire Marshall approval and verification of fire flows. Includes coordination with fire sprinkler consultant for locations and sizing of detector checks and fire lines. Includes plan check revisions, construction notes, quantities, and construction details. 27) Fire Access Plan - Fire Access Plan per the requirements of the City of Newport Beach Fire Authority. This Plan will identify fire hydrant locations, post indicator valves and fire department connections. Fire lanes, signage, and fire fighter access will also be shown. 28) Onsite Hydrology/Hydraulics Report - Hydrology Report documenting existing and proposed drainage patterns and systems. Includes hydrology map, hydraulic calculations, and a written narrative of the proposed project, its impacts, and how they are mitigated. 29) Site Lighting Plans - Plans showing light fixtures for the site area, as well as wiring diagrams and connections to building electrical systems 30) Statement OF Probable Construction Costs - Statement of Probable Construction Costs based upon the construction documents. Rabben/Herman design office uIWa llN w MMM raoaowsoicAw WMKDD_rawa WMK MMA MasrEaaaoaow.-+we�sx+.00c Page 12 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal 31) Specifications - Specifications that describe in detail, general requirements, products and execution methods for scope of work. Format to be selected under consultation with the City. Submit hardcopy and disk in Word format will be submitted to the Client for incorporation into the overall Project Specification Manual. Task 8 Bidding and Negotiation Assist the Client during the bidding of construction documents for each package. Support will be provided on an as requested hourly basis. A. Addenda - provide addenda to the construction documents during bidding and coordinate written documentation as required. B. Bidder Coordination - respond to bidders questions throughout the entire bidding process. C. Bid Evaluation and Bidder Selection Meetings - attend meetings, if requested, to evaluate the landscape bids - maximum 7 meeting, one for each phase. Anticipated Phase Duration: Not Available Anticipated Deliverables: 1) Addenda and Construction Document Clarifications. 2) Bidder's list, if requested. Task 9 LEED Coordination/ Processing Assist the Client in applying `Silver LELD performance standards throughout the design and construction process for the buildings. This includes equipment selection, design review, operational training and post occupancy evaluation. Complete and submit the forms for LEED certification. A. Provide a charette coordination meeting with LEED consultant and selected project consultants to indentify LEED points to be pursued and strategize implementation of selected tasks. B. Prepare plans and specifications for LEED related components, prepare and coordinate documentation online of assigned credits as pertains to assigned roles. C. Fundamental commissioning - including commissioning plan, functional testing, operations and maintenance training and summary report Anticipated Phase Duration: See City Schedule Anticipated Deliverables: 1) Commissioning specifications plan and report. 2) Systems manual. Task 10 Construction Observation Assist the Client in making periodic site visits to monitor the progress of the work and determine if the Project is proceeding in accordance with the design intent of the construction documents. A. Site Visits - provide site visits to monitor the stages of construction, as requested by the Owner. Site visits are anticipated to be weekly for all building construction, every two weeks for seawall construction and dredging, and monthly for the dock construction. Rabben/Herman design office rxwaw�erincnRorosusosaaceow.swi<nwnixavu+«w_auunixoa«re«WTWAMosrwmovCMJOMRi o - .Page 13 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal B. Plant Selection and Tagging - visit Southern California nurseries, if required, to review and tag plant material for use on the project - allow two 8 -hour days. C. Field Reports or "Punch Lists" - prepare typed field reports indicating the status of construction for each site visit attended. D. Project Coordination - perform on-going coordination with the project consultants and contractors to resolve landscape -related construction installation issues. E. Shop Drawing Review - review, comment and process, contractors shop drawings as they relate to the construction documents. F. Request for Information "RFI's" - review and respond to Contractor's RFI's during the course of construction. Prepare clarification drawings, if required, to resolve construction ambiguities. G. Change Orders - prepare and coordinate project change orders as necessary, with the Client. H. Record Drawings - Provide as -designed drawings that record the design intent through all phases of the process. Provide as -built drawings for project incorporating noted discrepancies and minor field related conditions provided to the design team by way of a set of construction documents marked up by the contractor and provided at project close-out. Fee is based on an assumed number of hours per sheet x drafting rate. It is anticipated that the hours allocated will be reviewed and evaluated, and the City will be notified, prior to making the changes if additional time is required. Anticipated Phase Duration: Varies by construction package, see City Schedule Anticipated Deliverables: 1) Field Reports or Punch Lists 2) Reviewed Shop Drawings 3) As -Designed Drawings 4) As -Built Drawings Rabben/Herman design office MIMYO(ETHPPRlWOSWSl9 PO5 =14M WMXW,CM MRWMKDDT=&W RPMCPOS4 _JM R1 DM Page 14 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 2 ADDITIONAL SERVICES Services in addition to those identified in Schedule 1 (Scope of Work) when requested shall be identified as such and billed at the current billing rate schedule. Additional services shall include, but are not limited to the following: A. Items that the Client deems are R/Hdo's responsibility indicated in Schedule 3 (Proposal Exclusions). B. FIREWATER BOOSTER PUMP - the necessity of a firewater booster pump system that may be required by the City of Newport Beach Fire department has not yet been determined. If required, the design would be considered an Additional Service. C. WATER CIRCULATION SYSTEM DESIGN - The requirement for a water circulation system will be clarified after agency processing is complete. Upon approval of the proposed system, either by the City of Newport Beach and or the CCC a scope and fee for the design of the system will be submitted. D. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of Schedule 1 (Scope of Work). R/Hdo and their team may be requested to make additional presentations of the project to agencies, the public, or others. If these presentations are required, they will be prepared using Microsoft PowerPoint. E. FEES - Payment for governmental permits, application fees, processing fees, and plan check fees. F. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1 (Scope of Work). G. SPECIAL RENDERINGS - professional renderings often required to portray the project design in a more highly articulated or rendered fashion than is usually customary. H. ADDITIONAL CONSTRUCTION PACKAGES -repackaging of work or the creation of additional packages after the completion of the construction activity package will be an additional service. I. STATE LANDS LEASE AGREEMENT(S) - Preparing, submitting, and finalizing a lease agreement for any state lands found to be within the scope of the project. Rabben/Herman design office uvxaxcnx ROPDs MganoaoxaWIAWi MKDDaaa WMK DDTDtaM451E MOROSALIOWMLDM Page 15 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE SPECIFIC EXCLUSIONS A. Horticultural soil testing. B. BIO -SURVEY BY A CERTIFIED MARINE BIOLOGIST. A bio -survey is normally required as part of the ACOE and CCC permit process. This survey must be conducted by a certified marine biologist and is prepared for the purpose of determining the existence of endangered plant and animal life in the impacted areas. If endangered plant or animal life is found and deemed to be impacted by the project, additional costs for mitigation and monitoring will be incurred. These reports are assumed to be by others. C. SPECIAL ENVIRONMENTAL STUDIES - all environmental studies are excluded from this proposal. D. COSTS FOR ALL APPLICATION AND PERMIT PROCESSING FEES - The City will be responsible for payment of all fees. E. GEOTECHNICAL SERVICES - These services are assumed to be provided by City staff or consultants retained directly by the City. F. GOVERNMENT RELATIONS AND DREDGING PERMIT SPECIALISTS - These services are assumed to be provided by City staff or consultants retained directly by the City. G. RESIDENT ENGINEERING - Construction Observation phase services are limited to support of City staff. H. Preparation of General Conditions and Boilerplate section of specifications. It is anticipated that the owner will provide the initial section and contracting terms for the project manual. We do not believe that this project should use the standard specification book ("Green Book") Rabben/Herman design office rnuwixEmuwnocosusopnmposuspiuuaIWMKDD-Q WMK ooracnupsiEnmo 084Joow RtPage 16 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 4 SUPPLEMENTARY TERMS AND CONDITIONS may vary from those that may actually be conditions. Construction documents shall be in sufficient detail to enable a knowledgeable general contractor following established industry practices to complete construction with routine inquiries for information and engineering clarifications. Based on common waterfront practice and in the Design team's judgment, contract documents will consist of performance specifications sufficient to enable the Contractor and subcontractors to design and construct particular portions of the Project. Owner acknowledges that changes to the Construction Documents will inevitably be required as a result of minor omissions, ambiguities and/or inconsistencies in the plans and specifications, or as may arise due to unforeseen site conditions. These changes could impact the project's cost and schedule. The Design Team will make changes to impacted construction documents due to these possible changes at no cost to the Owner. The Design Team will not take responsibility for construction cost or schedule due as a result of these minor omissions, ambiguities and/or inconsistencies in the plans and specifications, or as may arise due to unforeseen site conditions. Site observations shall be only for the purpose of determining, in general, if the work is in compliance with Construction Documents and with the general design intent. The Design Team will have no involvement in construction means, methods, sequence, techniques or safety precautions; and will not otherwise take responsibility for contractor performance. Since the Design Team has no control over the cost of labor, materials or equipment, or over any con ac or: method of determining prices or over com eti i a neon o pit construction co a Project are based solely upon his informed judgment: and if Owner wishes s near existing aci ii ides is a th vibrations or loss of su c tentia re is type of construction. The Design team will attempt to mitigate these potential cond ingenuity and forwarc[710rantee construction effo is will not proceed without some e sensitive issues will be discus�b s so thtrwL_C Rabben/Herman design office AI'.1AWtNETINGV0.LPoSRLSYA PROPOSPLSb�<MMINAP➢ANW_GMA9WNWMX ppTOCR11Ati1pi%1pPpSOL_IWW9RI.WL Page 17 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 5 FEE SCHEDULE We will perform the Scope of Work as described for the following fees, plus reimbursable expenses. The Design Team reserves the right to use unspent funds for a given task to supplement another task or phase with prior written City approval. (See attached spreadsheet) Rabben/Heenan design office MUMRKallom Ow MFR0P0 a.sn14W[WfflKDV-M UWfflK DDT=w� o iwco RIMC Page 18 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 6 Standard Hourly Rate Schedule Effective January 1, 2010 SCHEDULE OF FEES For Professional Services COMBINED RATE SCHEDULE FOR THE FULL TEAM ATTACHED Hourly rate schedule is subject to adjustment in July of each year. Reimbursable Expenses Travel: Private vehicles @ $0.585 per mile. Such as: Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials, long distance telephone, telex, fax, special shipping or delivery, models and renderings, lodging and subsistence. Rabben(Hennan design office rxwwr,EnNWRMs .s aawosusmiw WMKoo_cnw.w]Wa ODTXA wsrERa OSAL, wsRl. o Page 19 of 19 Marina Park Fee Estimate/OO thru CO phases with permitting assistance ler CCC & permittirg for other agencies. Ta54 Sue.totil Tetal (I) Oesige,6 and permitmtl as a sn.gle pack age with phasing liner Su0 Total 5 1,929,960 5 1,991.663 Totals $ 396,130 $ 636,4$0 $ ]34,]60 $ 142,030 5 43,640 r,r— Fee 5.60`5 69.350 Eatimoted E.,—t 11 122.700 6sand ioWl 5 2,203.713 2 MARINA PARK COMBINED RATE SCHEDULE Rabben Herman design office Principal $ 195.00 Senior Associate $ 135.00 Associate $ 85.00 Staff $ 75.00 Clerical $ 55.00 Moffat & Nichol Supervisory Engineer/Scientist $ 215.00 Senior Engineer/Scientist $ 197.00 Engineer/ Scientist III $ 185.00 Engineer/Scientist II $ 164.00 Engineer/Scientist 1 $ 143.00 Staff Engineer/Scientist $ 114.00 Senior Technician $ 158.00 Designer $ 147.00 CADD II $ 121.00 CADD 1 $ 92.00 Word Processing $ 92.00 General Clerical $ 74.00 Principal Engineer/Scientist $ 240.00 Court Appearances $ 300.00 Bundy Finkel* Principal $ 150.00 Senior Designer $ 125.00 Project Manager $ 105.00 Draftsperson $ 85.00 Clerical $ 45.00 *Hourly rates for Subconsultants to Bundy Finkel available on request $ 121.00 Fuscoe Ehgineerin President $ 234.00 Principal $ 206.00 Senior Project Manager $ 196.00 Project Manager $ 159.00 Senior Designer/ Project Engineer/Senior Water Resources Engineer $ 136.00 Designer/Engineer/Project Scientist/GIS Coordinator $ 121.00 CADD/Engineering/ Environmental Tech./Graphics Tech. $ 94.00 Information Coordinator $ 70.00 1 Man Survey Crew $ 160.00 2 Man Survey Crew $ 215.00 3 Man Survey Crew $ 245.00 Butsko Utilitv Consultants Principal in Charge $ 135.00 Project Manager $ 110.00 Project Coordinator $ 80.00 Designer $ 95.00 AutoCAD Drafter $ 65.00 AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING, INC. FOR MARINA PARK THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("CITY"), and GABLE ENGINEERING, INC., a California Corporation whose address is 2700 W. Coast Highway, Suite 220, Newport Beach, California 92663 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On February 13, 2007, City Council authorized City and Consultant to enter into a Professional Services Agreement ("Agreement') for project management services for the Marina Park Project ("Project'). B. On August 13, 2007, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and increase the total compensation. C. On March 25, 2008, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and increase the total compensation. D. On December 23, 2009, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and increase the total compensation. E. On June 1, 2010, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work and increase the total compensation. F. City desires to enter into this Amendment No. Five to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to January 31, 2012, to increase the total compensation and update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, Section 3 of Amendment No. One, Section 3 of Amendment No. Two, Section One of Amendment No. Three and Section 1 of Amendment No. Four are hereby amended and the following is substituted in its entirety. The term of the Agreement shall terminate on January 31, 2012, unless terminated earlier as provided for in Agreement. 2. SCOPE OF WORK Section 2 of the Agreement, Section 1 of Amendment No. One, Section 2 of Amendment No. Two, Section 2 of Amendment No. Three and Section 2 of Amendment No. Four shall be hereby supplemented to include the scope of services dated July 1, 2010, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement, Section 2 of Amendment No. One, Section 2 of Amendment No. Two, Section 3 of Amendment No. Three and Section 4 of Amendment No. Four shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Thirty -Two Thousand, Seven Hundred Fifteen Dollars and no/100 ($432,715.00) without prior written authorization from City ("Total Amended Compensation"). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Forty -Four Thousand, Three Hundred Forty -Five Dollars and no/100 ($144,345.00), without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager '-•' prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Page 13 Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. Page 14 F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. tiy�larx�: _ • •��r� �_�.�ir Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement and Amendments One through Four shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B y: n t D. 'eYt hamp, P Assis nt City mey -lily ATTEST: A Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation Keith D. Curry, Mayor CONTRACTOR: GABLE ENGINEERING, INC. la Mark S. Reader, P.E., President and Treasurer Attachment: Exhibit A — Additional Services to be Performed Page 15 EXHIBIT A Proposal for Engineering Services Date: July 01, 2010 Mr. Dave Webb Assistant Public Works Director 3300 Newport Blvd. City of Newport Beach, CA 92663 Re: Marina Park Project Find enclosed a proposal to provide additional project management services to proceed with Phases I, II and III of the Marina Park Project. This proposal covers the periods from August 2nd, 2010 to January 15, 2012, which include advertise bid and award of the Marina which can be completed by June 2011 as well as completion of the Construction Documents anticipated to be completed by October 2011 per the latest project schedule. Project Understanding And Scope Gable Consulting (GC) will provide engineering design review and project management services to assist the city of Newport Beach with the Marina Park project through the various phases of the project which include (1) Regulatory Agency Processing (2) Design Development (3) Final Design and Engineering (4) Construction Bid and Award of the Marina. Regulatory Agency Processing The Phase III Marina Park schematic plans will be submitted for agency processing. The Conceptual Plans for Phases I and II will need to be further developed into schematic plans for application submittal to the Coastal Commission. Tasks associated with Agency Processing Include: 2700 - COAST ( I(JI-I vA1 , STE.. 220 NEWPORT BRACH CA 92003 9•b9-9cRI 5260 I ) Assist city with processing of Coastal Development Permit with the California Coastal Commission for Phases 1, If and III 2) Assist with ACOE permitting for Phase III project. This includes issues relating to dredging of marina, sand disposal and beach replenishment. 3) Assisi with RWQCB permitting for Phase Ili project. 4) Coordinate with city staff to resolve boundary issues vrith the state lands corrnmisslon. 5) Assist city to manage consultant team to address co ni-nents from various regulatory agencies for Phose I. II and III of the projeci. After comments are received by the agencies the city will decide the diieclion of the Phase III project. This proposal assumes the issues with Coastal Commission can be resolved, especially the wetlands, and the ciiy will proceed with DD and CD of Phase III project as outlined or, the latest project schedule. Per the current schedule DD of the Marina would start in November 2010 and Construction Documents for the Community/ Sailing Center would end in October 201 1. Estimated subf--to1 • Profeat Manager = 160 [h viis 1$1 15 = $108,400 Project Assistant: 32 hours x $65 = $2,080 Subtotal = $20,480 CD and DD Phase The tasks for this phase involve coordinating meetings between city staff and the consultant teary. Attendance of meetings and preparation of meeting minutes will be prepared for the DD and CD Phases for the Buildings and the Site. Weekly meetings are anticipated during the DD phase which per the schedule is 90 working days. At the end of DD the phase the lead consultant will provide a construction estimate of the buildings and the site design. A review of the consultants cost estimate will be provided along with a report on value engineering (VE) options, especially if the project appears it is going over budget. Construction plans will be submitted to all the city departments for plan check. In addition to the city department review, the plans will be reviewed for the constri!ctability and assurances the VE decisions have been adhered to. The architect will provide another cost estimate at 90% complete of the CD phase and Gabe Consulting and its project team will represent the city in reviewing the accuracy of this estimate. Gable Consulting will consult with Traker Development to assist with constructability reviews, construction scheduling, cost estimating review and value engineering of the Community and Sailing Center. Traker developments proposal dated June 30, 2010 is made a part of this addendum. Estimated subtotal . Project Manager = 624 hours x $115 = $71,760 Project Assistant: 200 hours x $65 = $13,000 Constructability Consultant = $26,250 Admin Fee ( 6% x 26,250) _ $1,575 Subtolof = $112,585 Miscellaneous lerns Other project tasks alher than as noted above may include the following: 1) .Assist city with purchase of vacant substation parcel owned by SCE. 2) Assist with issues relating to American Legion, Girl Scouts and Existing Mobile Home Tenants 3) Assist city to obtain Loan from California Department of Boating and Waterways and National Boating Infrastructure Grant programs. 4) Work with city staff to develop a Parking Management Plan. 5) Other miscellaneous items requested by the city Estimated subtotal : Project Manager = 80 hours x $115 = $9,200 Project Assistant: 32 hours x $65 = $2,080 Subtotal = $11,280 Total Fee = $144,345 It should be noted that these hours will be billed on a time and materials basis for services requested by the city. I look forward to 'working with you toward a successful completion of this project. Sincerely Mark S. Reader President Gable Consulting The Project .Manager ent Services provided by Gable Consulting consist of the following items. 1. Administrative Services I Be an extension of City Staff to oversee the successful completion of the Morino Park project. # Review Consultant team r)roiect budget and scope Assist staff with development of RPP':._ 4. As, slr�Jerviewinc, and selecting corrsultants Manage consillants as the owners representative .- Sequence ana schedule design projects with City Sluff. Prepare and present status reports to the City as requested. 4, .Maintain project schedule. ,4- Track consultant invoice amounts against the project scope and fee. 4: Verify consultants work completed vs. consultant invoices submitted for payment Assist the city in filing grant and bond reimbursements Assure Grant and bond obligations are met 2. Regulatory Agency Processing Manage consultants for preparation of Regulatory Agency Applications -6- Assist with reviewing technical reports and response to Agency Comments Review mitigatior measures and determine if other fiscally responsible solutions are available -- Protect the City's interest in regards to proposed mitigation measures and challenges q1 Attend and/or conduct meetings necessary for coordination with city staff, technical consuitanis, stakeholders and members of the concerned public. Assist city to identify and obtain all necessary regulatory agency approvals. Assist the City in maintaining communication and cooperation with various state and federal agencies 3. Design Phase 4- Obtain knowledge of City standards and verify if standards are incorporated into project design. ,t: Assist the City in developing specificalions. 4- Assis! City to negotiate Contracts wit technicol coriso iforiIs. 4 Review and monitor the design, schedule. 4- Aszist the Citv in the irnplernentaron of its Quojil'y Assurarsce/Quality �or h _�,' (JAiQCj t?roc�5ses. 4- Cooiduiafe meetings os needea 5erwecn various ary' <aeparhwler'i s and outside utility companies. 4- Constructabillty review at 65°x, 80`a, 900b and 100% plan submi!tai packages. -46 Review design to recommend value engineering solutions. 4. Construction Management A. Bid & Award Phase 4, Review architects and engineers probable construction cost estimates Determine bid items and alternate pay quantities Prepare project specifications Prepare Notice of Inviting Bids 4- Conduct and/or manage pre-bid conferences, kickoff meetings and site visits. 4 Assist the City in evaluating bids and in verifying background of responsible low bidder 4 Assist the City in reviewing the bonds and insurance certificates for the responsive and responsible low bidder. c-6�9i PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN FOR MARINA PARK DESIGN SERVICES THIS AGREEMENT is made and entered into as of this /H day of /Jocl em be,--, 20QZf,(Vby and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and RABBEN/HERMAN DESIGN a California Corporation whose address is 833 Dover Drive, Suite 9, Newport Beach, California, 92663 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design for a re -use project including a park and a marina at the City's Marina Park property. C. City desires to engage Consultant to conduct preliminary design work for Marina Park ("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 1 st 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 Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed eight -five thousand dollars and no/100 ($85,000) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing 2 in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated 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. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Steve Badum, Public Works Director, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor .shall Consultant be responsible for damages or be in default or deemed to be in default by CI reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work Project Administrator and interest in the work to be Consultant on the Project. 12. CITY POLICY closely and cooperate fully with City's designated any other agencies that may have jurisdiction or performed. City agrees to cooperate with the Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 9 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 (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 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. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As -Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 9 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date 10 of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold 11 harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Steve Badum, Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3311 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Dan Herman Rabben / Herman Design 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Phone: 949-548-3459 ext. 22 Email: danh@rhdo.com 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination iIK for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 13 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: L'1�'� City Attorney for the City of Newport Beach ATTEST: B � LaVonne Harkless, City Clerk Attachments CITY OF NEWPORT BEACH, A M4cioafCCbrporation mayor � for the City of Ne Beach RABBEN/HERMAN DESIGN: By: P"tM6 P"" (Corporate Officer) Title: Uk GE— F6�-e4(QQe1q' Print Name: DA -t Ikleu ft:e�A-t'/ SO (Financial Officer) Title: Print Name: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 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. Kick-off 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. 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 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 for 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. Evaluate these plans with Client and other team members based on the development objectives established at the first team meeting and other considerations. 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 6. 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. 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. llustrations;e. Development estimate of probable cost; and f. Final summary report. 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. EXHIBIT B 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: 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. Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 12-22-06 Dept./Contact Received From Date Completed: 1-3-07 Sent to: Shauna Oyler By Company/Person required to have certificate: Rabben/Herman I. GENERAL LIABILITY Shauna Oyler April Walker Office A. INSURANCE COMPANY: United States Fidelity & Guaranty B. AM BEST RATING (A: VII or greater): A+XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2mil agg/1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: United States Fidelity & Guaranty B. AM BEST RATING (A: VII or greater): A+XV C. ADMITTED COMPANY (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III WORKERS' COMPENSATION A. INSURANCE COMPANY: St. Paul Protective Ins. co. B. AM BEST RATING (A: VII or greater): A+ XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED?