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C-4030(A) - PSA for the Marina Park Project (Preparation of Schematic Design)
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 Xh-h day of ( , 2010, by and between the CITY OF NEWPORT BEACH, a California Wunicipal 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 fife 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 subconsuitant'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. 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. 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. 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 regulations and requirements of all governmental entities, or municipal, whether now in force or hereinafter enacted. by Consultant shall conform to applicable City, county, regulations and permit requirements and be subject Administrator and City. 29. WAIVER with all statutes, ordinances, including federal, state, county In addition, all Work prepared state and federal laws, rules, to approval of the Project 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: ne e uqh mp, Assistant City Att r ey ATTEST: CITY OF NEWPORT BEACH, A Municipal Co rat' n By:. Keith D. Curry, Mayor CONSULTANT: RABBEN/HERMAN DESIGN OFFICE LTD. B' W D Herman, Vice President and Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 14 EXH}BIT A Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Date: May 12, 244-e Revised lune 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: awebb@ci# .new ort-beach.ca.us Project Team Landscape Architect Rabben/Herman Design Office June 18, 2010 & Proposal Date Architect Bundy Finkel Architects June 16, 2010 Marine Engineer Moffat and Nichol June 9, 2010 Civil Engineer Fuscoe Engineering June 10, 2010 (Phase 1 and 2) April 13, 2010 Dry Utility Consultant 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 A1uwtKETINGPROPOSALSWPROPOSll014WMINRPMxpD CA%WtWME DDTOCA PASTERPROPOSa._1006pgR1.000 Page t of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal Phase I and 11 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 estimated in 2010 dollars. The contract will allow for annual escalation on the contract anniversary for work occurin ngre 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, or roc io yr 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 M1�KETWGWRoPOSN-slag PROPo5aLS01M4GRIrW+pltKpp CAUWaggppRK DDTOCA IMSTQiMiOPpSR1_7m60dtt.DOG Page 2 Of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal special exhibits and summary information thatwiil 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 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 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 III 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 11 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 MauaKerux U'ROPOS&SMPaovosuso14wwINAPARKDD CAMR4WPARK OoraAM4$IErwaorosu_ioom Ri WC 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 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 Mvwra�tu�aoPos�saevaorosusotacumaaaar.�aav"wrnaKoorocauasrErnovo tooso. .11 Page 4ofi9 Marina (Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULEI SCOPE OF WORK Task i Update Phase 3 Schematic Design Documents - completed SD 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 ofFce MWARKEfPttWROP0WSM PROP0.4PLMMANWARY.DO.CAUWRINWARK ODTOCA?MST0PRCPOSAL_1DMF11.DX Page 5 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 11 Schematic Design Documents - develop Concept Plans for Phase I and Il, 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)Irrigation 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 AtUMRNEYINGPRCROSAIS'00 PROPOSALSW10.54JtlNAPARKOp_CANAMWARK 00T0CA WSf93VRpppSA� 100fi09R1.WC 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 NO[ 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 % DD 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. 1. 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 pians: 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 MUMRKEnKK,➢ROP054LS109 PROPOS4tso1MWURAPMNDD cn4,YJtauPPPoc ppi0CA M1SiERPROPOS�Y_laaA9RI.OpC 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 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 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 M6w�aNETWniPHOPOSALSg9 P1iaPOSA15171<AlARIIYPFRI(� CA'M4RINN'MN DDToCA Al05TERRi0P0$gL foaeo50.1000 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 Uti ity 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 WWAMETMf SK OPOSPLSMPMWOS4S1014MwIMWARKCO WI.fR WWARKODTDCA VhSTERPROPDSAI TOMRI DOC 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 project team to resolve specific coordination issues - assume 6 meetings. t- 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 Wail 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 Wail 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. D ck Systems Construction Package 1) Dock Layout Plans - Pians 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. MitNRKE7INGWCPOSAL5w9 PROPOSAL.51071A44RI"MNtI(DD_CAIfAAR117PPARK DOiOCA IMS7FAPRCGp$AL_7pp$pgp7 DOC Rabben/Herman design office Page i0 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 MYMRIETIlKR'ROPp$AL S09 p{ippp$pyy7p14AWtIW PM1(UD_GAIIAWy1gpARK DDTpCA MASi[iiPRpPO5A1,_IOpGp9R1.WC Page f t 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 Pian 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 Af1AgplE7IR(Tpjjpppgyggy qyp.OSP151014A(4RIfMPMNW_CAW,W,RSPAIiK DDTOCA A4t5iERRi0P0SAL_107fi09R1.D0G 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 Coordinatlon/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/Herman design office MIMIRI¢TNfG'AROPOS�LSIW PRoP051LSWI(M1WUNAPAAKDO GIWVUNAPARK ppTOCA M1hStERPROPO 10060981.000 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 RR'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) Feld Reports or Punch Lists 2) Reviewed Shop Drawings 3) As -Designed Drawings 4) As -Built Drawings Rabben/Herman design office MvxwrwGaaoeosusasrnorosusw aWturaarxKao-auauwwracoorocnws torosa.toosomi DOCPage 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 I (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 MMNfiKEfINGNROp05ALS09PROPOSAL5b11AMR11yWARK00 COMWpARK OOTOCAMASTERpROp03k_1W.09R1.000 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 ace MNWi1cEiMJQPROPOSLL510?PROPOSALS1D14MApIW1PAR1(pp_CANNRRU9A4KDOTOCAMASFEWROPOUL-100609RLpOC Page 16 of 19 Marina Paris Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 4 SUPPLEMENTARY TERMS AND CONDITIONS t recognizes t re a mg to i e, oras o oval a e or. rvation may vary from those that may actually be existing, despite the use care; therefo , eam may not obtain complete information 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 ipment, or "over or. method of determining prices or over coin etiti a inion of pr( construction co a Project are based solely upon his informed judgment: and if Owner wishes - • ..• w TVUIw rloaI cnwwlg 1dGnI1IC5 rS dlwd ith vibrations or loss of su potential re is type of construction. The Design team will attempt to mitigate these potential cond th ingenuity and forward t i ntee construction efforts will not proceed without some ese sensitive issues will be dfscussed_directly tti, the rity of IVolunn.t Rom ti o„ti . Rabben/Herman design office SCIMAR"NWROPOSLLSOMPOSALS014VMINAPARKOO CAVAARIN/pARK.LOTOCAM4STf;RPRCPOSAL 10MR1.MG 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 M.%MWTRKAPRM,'A MPROPOSkSlO1AMAAINAPAjiNDO-CAIM1W11APARKOCTOCAMASTMPROPOSAL_1MMI WC 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/Herman design office MV[4RNEfINGWROPOS4�51p9 pRpppsgCyvp11Mp1a1y1pgRK� CAWARIWWIItic ppTpCAMOSTERVROPOS�L_foo5o9R1.0oC Page 19 of 19 E u u E 3 O i O A .. a c F � � � MARINA PARK COMB/NED RATE SCHEDULE Rabben Herman design office Principal $ 195.00 Senior Associate $ 125.00 Associate $ 135.00 Staff $ 85.00 Clerical $ 75.00 Staff Engineer/Scientist $ 55.00 Moffat & Nichol Supervisory Engineer/Scientist $ 215.00 Senior Engineer/Scientist $ 125.00 Engineer/Scientist III $ 197.00 Engineer/Scientist 11 $ 185.00 Engineer/ Scientist 1 $ 164.00 Staff Engineer/Scientist $ 143.00 Senior Technician $ 114.00 Designer $ 158.00 CADD 11 $ 147.00 CADD 1 $ 121.00 Word Processing $ 92.00 General Clerical $ 92.00 Principal Engineer/Scientist $ 74.00 Court Appearances $ 240.00 $ 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 $ 136.00 Fuscoe Engineering President $ 234.00 Principal $ 206.00 Senior Project Manager $ Project Manager 196.00 Senior Designer/ Project Engineer/Senior Water Resources Engineer $ $ 159.00 Designer/Engineer/Project Scientist/GIS Coordinator $ 136.00 CADD/Engineering/ Environ mental Tech./Graphics Tech. $ 121.00 Information Coordinator 94.00 1 Man Survey Crew $ 70.00 2 Man Survey Crew $ 160.00 3 Man Survey Crew $ 215.00 $ 245.00 Butsko Utility Consultants Principal in Charge $ 135.00 Project Manager $ 110.00 Project Coordinator $ 80.00 Designer $ 95.00 AutoCAD Drafter $ 65.00 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE lYYYY) LTR oslo31zalo 201 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 68093371-761 General Llab. excludes claims arising out of 714 427.6810 04114/11 EACH OCCURRENCE $1,000,000 INSURERS AFFORDING COVERAGE NAIC # INSURED Design Office, Ltd. INSURER A, Travelers Property Casualty Co of Am 25674 INSURER B: Hudson Insurance Company 833 Dover Driverman 833 Dover Drive, Suite #t9 INSURER C' Newport Beach, CA 92663 INSURER D: rrwco n rrr• NSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR NSR TYPE OF INSURANCE i I POLICY NUMBER POLICY EFFECTIVE DATE MM DDIYYI POLICY EXPlRAT10N —DATFLrV.MfDDfYYj LIMITS A GENERALLIASIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE o OCCUR X Contractual Llab. 68093371-761 General Llab. excludes claims arising out of 04114/10 04114/11 EACH OCCURRENCE $1,000,000 DAMAGE CO RENTED ence1 S1 qa0 qaa MEG EXP(Any one p.r c,,.) $10,000 PERSONAL 8 ADV INJURY $1,000,000 the performance GENERAL AGGREGATE s2 000 000 GENT AGGREGATE LIMIT APPLIES PER: POLICY a jEC LOC Of professional services. PRODUCTS - COMP/OPAGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO BA9338LB86 04/14/10 04114/11 COMBINED SINGLE_ LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY $ (Perperson) X HIREDAUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT s ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY OCCUR FICLAIMS MADE EACH OCCURRENCE S AGGREGATE s s DEDUCTIBLE s RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB6114Y487 05/23/10 05/23/11X WC STATU- OTH E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMSER EXCLUDED? if yes, desvibe under SPECIAL PROVISIONS below OTHER Professional Liability Claims made AEE7218301 06/11109 06/11/10 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 $1,000,000 per claim $2,000,000 annf aggr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Marina Park in the City of Newport Beach. City of Newport Beach, its elected or appointed officers, officials,employees, agents and volunteers are additional insured on General Liability coverage as per written contract_ (See Attached Descriptions) City of Newport Beach Public Works Dept 3300 Newport Blvd P. O. Box 1768 Newport Beach, CA 92658-8915 A !`!1011 7C r7nM root - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL R0tD9,6XRRXR MAIL -3(I DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTj=p*p&1rA)mQAxkgp(a(Wk AUTHORIZED I -r eraaoa a 401111110 Izo THC O ACORD CORPORATION 1988 TRA VELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 990376 (00) POLICY NUMBER: U66114Y487 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are parties to a contract that requires you to obtain this agreement provided you executed the contract before the loss. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO 13 AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance- of your nnnninn nnora- tions; b. In connection with premises owned by or rented to you; or DlDB22 91 c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury"property damage" or "personal injury" for which that per- son or organization has assumed liabilfty in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. The following is added to Paragraph a. of 4, Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is pn,—..a,y to Other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you- have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or onany other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights oniy where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage- occurs, or the "per- sonal injury" offense is committed, D. The following definition is added to DEFINITIONS (Section V): Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ®2007 The Travelers Companies, Inc. includes the copyrighted material of Insurance Services office, Inc., with its permission CG D3 8109 07 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT JUi. 2 7 2010 Agenda Item No. I 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 r_\ 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/undergrounding 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 y:Dave Webb Deputy Public Works Director/City Engineer Attachments: Account Number 7411- C4002002 7411- C4002002 Total Submitted Amount $2,203,713.00 $144,345.00 $2,348,0.48.00 Stephen G. Badum" ' 6°'rPublic Works Director 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: 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 r� r, limited and include nothing more than the following costs incurred by Consultant.- A. onsultant: 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: 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. 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. 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 AT RNEY: By: , '1: ynex� D. Beauct� mp, Assistant City At(or ey ATTEST: By: Leilani I. Brown, City Clerk Attachments CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor CONSULTANT: RABBEN/HERMAN LTD. DESIGN OFFICE By: Daniel W. Herman, Vice President and Treasurer Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 14 EXH�'I'B-IT A Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Date: May 12, 2040 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@city.newport-beach.ca.us Project Team Landscape Architect Rabben/Herman Design Office June 18, 2010 & Proposal Date Architect Bundy Finkel Architects June 16, 2010 Marine Engineer Moffat and Nichol June 9, 2010 Civil Engineer Fuscoe Engineering June 10, 2010 11 (Phase 1 and 2) April 13, 2010 Dry Utility Consultant 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 WMARKETINGIPROPOWS109PROPOSAL S1o14MARINAPARKOO CAIMARINAPARK00TOCAMASTERPROPOSAL_100009R1DOC 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. Al estimated in 2010 dollars. The contract will allow for annual escalation on the contract anniversary for work occurring in a 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, or rac i 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 MIMARKETINGPROPOSALSWPROPOSMSW14MARINAPARKDD CAIMARINPPARKDOTOGAMgSTERPROPOSAL_1WW9RI.DOC Page 2 of 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 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 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, If and III are scheduled for July 6, 2010. A new Phase I and II 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 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 M IMARKETINGIPROPOSALSI09 PROPOSALS%014MARINAPARKDD_CAIMARINAPARK DDTOCA MASTERPROPOSAL_100609RI 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 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 M 1MARKETINGIPROPOSALS109 PROPOSAL SW14MARINAPARKDD_CAIMARINAPARK DOTOCA M4STERPROPOSAL_IM9R1.DOC 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 SD 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 MWARKETINGIPROPOSALS109PROPOSALSlo14lAARINAPARKOD_CAIMARINAPARKDOTOCAMASTERPROPOSAL_100009R1.DOC Page 5of 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 Il, 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)Irrigation 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 UWARKEfINGPROPOSALS109 PROPOSAL S10146WiINAPARKOD_CAUMRINAPARK DDTOCA MASTERPROPOSAL_ 10MR1 DOC 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 % DD 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 MIMARKETINGIPROPOSALS109 PROPOSAL S1014MARINAPARKDD_CAIMARINAPARK DDTOCA WASTERPROPOSAL_100609R1.DOC Page 7 of 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 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 MWARKETINGPROPOSALSMPROPOSAL M014MARINAPARKDD CAWRRIAPARKODTOCAWASTERPROPOSAL_100609RI.DOC 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 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 M WRKETINGIPROPOSALS109PROPOSALS1014U4RINAPARKND CAIMARINAPARKDOTOCAMASTERPROPOSAL-100609R1.DOC 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 project team 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 SEP" 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 MIMARKETINGPROPOSALS%09PROPOSAL SW14MARINAPARKOD CAIMARINAPARKDOTOCAWSTERPROPOSAL_10MR1.DOC 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. Rabben/Herman design office M:WARKEfINGIPROPOWSM PROPOSAL51014MARINAPARKDD_CAIM4RINAPARK 00TOCAMASTCRPROPOSAI_10MR1COC 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 MIMARKETINGIPROPOSALS109PROPOSALS1014MARINAPARK00 CAIMARINAPARK00TOCAMASTERPROPOSAL_100609R1 DOC 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/Herman design office M_UMRKETINGIPRDPDSALS109 PROPOS4S1074MARINAPARKOD CAIMARINAPARK DDTOCA MASTERPROPDSAL_100609R1.DOC 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 MIMARKETINGIPROPOSALSI09 PROPOSALSM4M6RINAPARKDO-CAIMARINAPARK 10TOCAANSTERPROPOSAL_10MR1 DOC 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 MUMRKETINGIPROPOSkSW9PROPOSkSI074M4RINAPARKDD_CAI6MRINAPARKODTOCAMASTERPROPOSAL__100609RI.DOC 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 M.UMRKEINGIPROPOSALS109 PROPOSALS1014MARINAPARKDD_CAIMARINAPARK DOTOCA M4STERPROPOSAL_100609RIDOC Page 16 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation Proposal SCHEDULE 4 SUPPLEMENTARY TERMS AND CONDITIONS Lment recognizes th re a ing to i e n oras u11 observation may vary from those that may actually be existing, despite the use eam may not obtain complete information 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, or over any con rac or: method of determining prices or over com etiti ainion of pr( construction co e Project are based solely upon his informed judgment: and if Owner wishes wails near existing tacnities is a ith vibrations or loss of su tential re is type of construction. The Design team will attempt to mitigate these potential cond ingenuity and forward i Trg-km-eaaanL�uarantee construction efforts will not proceed without some sensitive issues will be disc that Rabben/Herman design office M IM4RKETINGIPROPOSALS109 PROPOSALS1014A4AWINAPARKDD CAIMARIWARK DDTOCA VASTERPROPOSAL_10W9R1 DOC Page 17 of 19 Marina Park Permitting Assistance, Design Development, Construction Document and Construction Observation 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 MIAMRKETINGIPROPOSALS109PROPOSALS1014WINAPARKDD_CAIMARINAPARKDDTOCAWASTERPROPOSAL 100609RIDOC 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/Herman design office MWARKETINWROPOSALS109 PROPOSAL SID 14WRINAPARKDD-CAIMARINAPARK I)DTOCAM4STERPROPOSAL_100009R1 DOC Page 19 of 19 o E OC m_ u a q - .�n EXHIBIT B 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 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 Utility Consultants Principal in Charge $ 135.00 Project Manager $ 110.00 Project Coordinator $ 80.00 Designer $ 95.00 AutoCAD Drafter $ 65.00 r 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 . ollows: 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 Page 12 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. 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. 5. INTEGRATED CONTRACT 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 By: yn t D. ee,Assis nt City illy ATTEST: No Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation EM Keith D. Curry, Mayor CONTRACTOR: GABLE ENGINEERING, INC. ma 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. Proiect Understandinq And Scope Gable Consulting (GC) will provide engineering design review and project management services to assist the city of Newport Beach will-, the Marina Park project through the various phoses of the project which include (1) Regulalory Agency Processing (2) Design:. Development (3) Final Design and Fngineering (4) Construction Bid and Award of the Marina. Regulatory Agency Processing The Phase Ili 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: ' O(1 `V Ct aS'T` 1 iI(.;11W.l'. S L': '20 :NfEWPORT BFACH ('A rFi 9) 9k' �(>�) 1) Assist city with processing of Coastal Development Permit wi-h the California Coastal Commission for Phases I, 11 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) .Assist with RWQCB permitting for Phase Ill projecf. 4) Coordinate with city staff to resolve bo_!ndory issues v✓ifh f'r e stat( Iclr;ds commission. 5) Assist city to manage consultarll teary to address cu—nrnenfs floral various regulatory Iger;cies for Plea i..I arld Ill of the pr;ii�'c Affer conlillenis are received oy It1(i .1cli nClr_:j the city'wllI decIde, the dlleclIor, of file - Phase III project. This proposal assumes the issues with Coastal Cornnlission earl be resolved, especially the wellands, and the city will proceed with DD and CD of Phase III project as outlined on file latest project schedule. Per the current schedule DD of the Marina would start in November 2010 and Construction Docurnents for the Community/ Sailing Center would end in October 201 1. ESfimafeul c�ihta}al Premia } AA - t r1 t i i c min nn ivr�,�� �v�ailla ger - 1 VV 1IVIJIJ 7� �1 I- - $I0, 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 tear -n. Attendance of meetings and preparation of r-rleeting 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 revie,,ved for lfle constr!ctability and assurances file VE decisions have been adhered to. The architect will prcyvide another cost estimate at 90°70 complete of the CD phase ar-Id Gable Consulting and its project team willrepresent 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. K-1 Estimated subtotal : Project Manager = 624 hours x $1 15 = $71 ,7 60 Project Assistant: 200 hours x $65 = $13,000 Constructability Consultant = $26,250 Admin Fee ( 6% x 26,250) _ $1,575 Subtotal = $1 12,585 N4iscellanecus Items Other prolecl ll us:rs ulrl:?r than as noted above may include 1111 (011o`r✓ing: 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 Horne Tenants 3) Assist city to obtain Loan fron-r California Department of Boating and Water -ways 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 $1 15 = $9,200 Project Assistant: 32 hours x $65 = $2,080 Subtotal = $1 1,280 Total Fee = 5144,345 It should be noted lhat these hours will be billed on a time and rnateriats basis for services requested by the city. I look forward to working will—) you toward a successful completion of this project. Sincerely Mark S. Reader President Gable Consulting The Project Managen ent Services provided by Gable Consulting consist of the f )1loWing Items. 1. Administrative Services Be an extension of City Strrff to oversee the slJCcessful crompleflon of the riv1arina Park prole., = t. Review �-on,,ulllant t"oni rvC)IeCt budgei (:nd scopp -+- As isf ;faff with devf7,1q .n)� it of RIFF -1... d selecllncr r: uli,_Irll: W-irage consuilanls as ffie owners representative Sequence Ind schedule design projecis with Cily Sluff, 4- Prepare and present status reports fo the City as requested. 4- Maintain project schedule. 4- Track consultant invoice arnounts against the project scope and fee. ;4, Verify consultants work completed vs. consultant invoices submitted for payment 4- Assist the city in filing grant and bond rein-rbuisements , Assure Grant and bond obligations are met 2. Regulatory Agency Processing 4- Manage consultants for preparation of Regulatory Agency Applications -d- Assist with reviewing technical reports and response to Agency Comments 4- Review nnitigatior- r-neasures and determine if other fiscally responsible solutions are avoilable �4 Protect the City's interest in regards to proposed r-niligation measures and challenges Attend and/or conduct meetings necessary for cocrdinolion with city staff, technical consultants, stakeholders sand mernbers of the concerned public:. 4- 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. Desian Phase 4-- Obtain knowledge of City standards and verify if standards are incorporated into project design. Assist the Cit`, in developing specificafior-Is. S51i1 i_'(1% t0 .. :CJOii;lfi Onfr 7c lS `L illi fc;,�f'ir ici. i iiS' Jilt 4- Revie%,v and{ monitor the desigr ,cheduie. # As f 1 �. ig. _I,,, iii 11 e, slllt�l��I1lGY'I'�,ii(.il i.( I{. li.� is 4._lSI_)r 1. /�_.'�)cllIIV L v'i l ilriClfC IIIE ellf!gs u iiee,e-, 1 ;.`11 Ai 1l' Ult;�!S (% 1. CJrll l _'nlS J_ and out side utility companies. °' '0. 90°0a nd , 00%. pian subniilta, ���_>ns!n�ctabilit'- review at 6�;�, 80 packages. Review design to recommend value engineering solutions. 4. Construction Management A. Bid & Award Phase 4- Review architects and engineers probable construction cost estimates 4- Determine bid items and alternate pay quantities 4- Prepare project specifications .,� Prepare Notice of Inviting Bids Conduct arid/or manage pre-bid conferences, kickoff meetings and site vin's. Assist the City in evaluating bids and in verifying background of responsible to\N bidder Assist the City in reviewing the bonds and insurance certificates for the responsive and responsible low bide ei . PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN GROUP, INC. FOR THE MARINA PARK PROJECT THIS AGREEMENT is made and entered into as of this z—d day of M� 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporatio n("City"), and Rabben/Herman Design Office LTD a California Corporation whose address is 833 Dover Drive, Suite 9, Newport Beach, CA 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 re -use 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 schematic design for park planning, architecture, marina and civil design services and provide support services for the Environmental Impact Report as outlined in R/Hdo Scope of Services referenced as Exhibit "A" 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 this Project shall be Daniel W. Herman, Vice President, Rabben Herman Design Group. 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 30 day of June, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for 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 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 A 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 Five Hundred Eighteen Thousand, Two Hundred Thirty Dollars and no/100 ($518,230.00) 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. K 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A. 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 Daniel Herman, Vice President 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. Mark Reader 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 reason of strikes, lockouts, accidents, or acts of God, or the failure of City C! N to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 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 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. 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. 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. 101 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (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 ($2,000,000) 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. 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. 7 15. 16 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. 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. 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. 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 E transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and. disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be 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 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: Mark Reader, Project Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-981-5260 Fax: 949-644-3318 11 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 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. EPA 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. 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. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: B '-� f /�) - 4&";9 LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Munici Wcorporq i n By: ayor for the City of Newport Beach RABBEN HERMAN DESIGN OFFICE LTD: By: hA4/. Corporate *--. Title: oc( -focsS/ Print Name: 6MI3 Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 07-08\rabben herman-marina park.doc 14 Schematic Design Proposal Date: February 29, 2008 Revised March 4, 2008 Project: Marina Park Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard PO BOX 1768 Newport Beach, CA 92658 Contact: Mr. Dave Kiff, Assistant City Manager Tele: (949) 644-3002 FAX: (949) 644-3020 E -Mail: dkiff@city.newport-beach.ca.us Understanding and Approach: R/Hdo will manage a team assembled to provide Schematic Design services for the Marina Park project. The plan concept to be developed is the Marina Park Master Plan, as prepared by R/Hdo, dated October, 2007. The limits of work for the Schematic design effort would be expanded to include the contiguous beach and improvements north to 19th Street. In addition, the team will support an environmental consultant, retained separately by the City in the preparation of an E.I.R. and in the permitting process with the California Coastal Commission, the C.O.E. and other environmental resource agencies as required. A summary of the services includes: Public Involvement Meet with Steering Committee on an ongoing basis throughout SD and environmental processing phase Meet with staff on a regular basis throughout SD and environmental processing phase Water Side Facility Studies 1. Prepare an ocean engineering report (wind/wave/sediment transport) to justify current layout, hydrodynamic loading on docks, and confirm extent of groin wall anticipated. Complete Schematic Design package for all proposed improvements Refine existing Master Plan and develop to a Schematic Design level. Reflect results of Traffic Study, Soil Testing, and additional client information and requests into design. 1. Overall Site Development Plan —Includes vehicular paving/entry and parking areas, pedestrian hardscape — illustrating limits of pedestrian paving and proposed materials, children play areas — including dry and wet play areas, plans, sections and selection of equipment, beach improvements — including regrading and expansion of beach area, landscape planting — illustrating proposed trees and shrub massing, Site Lighting — fixture locations and catalogue cuts. Marina Park Proposal MIMARKETINGIPROPOSALS107 PROPOSAL M057MARINAPARKSMMAINPROPOSAL AND STUFFlMARINAPARKMASTERPROPOSAL-REV2A.DOC Page 1 of 12 2. Overall Site Grading and Drainage Plan — illustrating proposed contours, bio-swale, and drainage structures if required. 3. Building Plans — Community and Aquatic Center, restroom/lighthouse, marina control building, and 19th Street restroom. Includes plans and elevations. 4. Visiting Vessel Marina Plan — includes specific seawall recommendations, dock and ramp and other support facilities, plan and sections. 5. City Sailing Docks and Water Side Facilities Plan — includes plan and sections. 6. Utility Plan — single line plan for water, sewer, gas and electric service. 7. Develop Schematic level estimates of probable construction cost. 8. Refine concept plans, if necessary, in consideration of report findings. Phasing and Funding Work with City staff to develop a funding source and project phasing plan. CEQA Documentation Provide support to City selected environmental consultant. Tasks could include attendance at scoping meetings, attendance at public meetings, providing materials and information related to design. Allow 100 hours. California Coastal Commission and Resource Agency Submittal Provide support to City selected environmental consultant. Tasks could include meetings with CCC staff to discuss the project. Providing application materials and backup, review application prior to submission, attend staff and public meetings. Allow 100 hours. Assumptions: The proposal is based on the following assumptions: We will utilize the recently completed Master Plan and building footprints as a beginning point for the Schematic Design. Limits of the project will be expanded northward to include the contiguous beach and existing restroom at 19th Street. Current plans, prepared by the Harbor Commission for the existing docks at 15th Street and 19th Street will also be included to illustrate all proposed improvements with the expanded park area. This proposal does not include any design work for the two dock structures. Some revisions to the park Master Plan may occur as part of Task 2 Plan Refinement. Work related to the Girl Scout House and the American Legion facilities are not included in this scope of work. The intent is for the city's plans to provide graded pads and utilities to the Girl Scout House site. The work will begin in January 2008 and the Schematic.. Design and Coastal Commission applications will filed after the completion of the Enviromental Impact Report estimated to be completed by July 2009. Allowances have been made in this proposal to provide team support to the City retained environmental consultant responsible for Coastal Commission and environmental resource agency permitting. This work would be completed on an hourly time and material basis. The basic Schematic design services would be completed under a Lump Sum contract. Marina Park Proposal M IMARKETINGIPROPOSALS107 PROPOSALS1057MARINAPARKSDIMAINPROPOSAL AND STUFFlMARINAPARKMASTERPROPOSALREV2A DOC Page 2 of 12 SCHEDULE 1 SCOPE OF WORK Task 1 Public Involvement A. Meet with Steering Committee on an ongoing basis throughout SD process. This task began with the January meeting, and is expected to lat for the duration of the Schematic Design effort. Anticipated Phase Duration: 8 months Anticipated Deliverables: Hand outs and or/Power Point presentation for each meeting. Task 2 Plan Refinement A. Work with the Marina Park Steering Committee to explore plan options and resolve issues as identified in the Public Meeting Process Anticipated Phase Duration: 8 Weeks Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: NA Anticipated Deliverables: Study plans for specific park areas Revised Master Plan View Studies from homes along Newport Boulevard Task 3 Surveys and Utility Investigations A. Site Surveys 1. Using the existing site survey complete the hydrographic and topographic survey of the site, within the full extent of the waterfront limits and landside basin development. 2. Provide hydro/topographic surveys around existing, adjacent groin walls. 3. Survey manholes and existing utilities as required to prepare preliminary utility plans, and identify preliminary scope of demolition on site. Anticipated Phase Duration: 4 to 6 weeks for the survey, 12 to 16 Weeks to complete the phase Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: 30" x 42" Anticipated Deliverables: Task 4 Schematic Desiqn Packa Refine the Master Plan to a schematic design level. Work will be completed for the entire 8+ acre site and all proposed City buildings and water side facilities. Marina Park Proposal MIMNRKETINGIPROPOSALM07 PROPOSALS1053MARINAPARKSDIAWINPROPOSAL A14D STUFFIMARINAPARKMASTERPROPOSAL-REV2A DOC Page 3 of 12 A. KICK-OFF MEETING - meet with the project team in a workshop setting to determine the landscape "Big Idea", various site plan components, functional relationships and site user influences on the site design. Establish specific design criteria, preliminary landscape construction budget and schedule - assume one meeting. B. EXISTING TREE INVENTORY PLAN - prepare an Existing Tree Inventory Plan, which documents all salvageable trees. The plan will locate and describe each worthwhile tree, identifying it with a number and noting its height, spread, caliper and special comments. C. SCHEMATIC HARDSCAPE PLAN - prepare a schematic landscape plan which addresses the design and layout of the parking areas, pedestrian walks, a plaza areas associated with the Sailing and Community Center buildings. D. SCHEMATIC LANDSCAPE PLAN - prepare a Schematic Landscape Plan which addresses some of the following key issues. E. DETAILS AND ENLARGEMENTS - prepare Details and Enlargement which describe the site design. ELEVATIONS AND SECTIONS - prepare Elevations and Sections that support the Schematic Plan, G. DESIGN IMAGERY - prepare Design Imagery consisting of color laser copies of built design imagery that show landscape character that may be similar to that proposed for this project. H. SCHEMATIC SITE LIGHTING PLAN - prepare a Schematic Site Lighting Plan which addresses site lighting issues for the project such as accent, safety, parking, landscape, and fountain lighting. SCHEMATIC FINE GRADING AND DRAINAGE PLAN - prepare a Schematic Fine Grading and Drainage Plan addressing proposed landscape area grading and drainage issues for the project. SCHEMATIC SITE DEMOLITION PLAN — Prepare Schematic Site Demolition Plan identifying general extent and major elements of demolition work. K. PRELIMINARY WATER QUALITY MANAGEMENT PLAN — Prepare Preliminary Water Quality document to reflect current preliminary design and to address latest SWQRCB requirements. Included discussion and calculations to support Low Impact Development site features. Report prepared will suitable for the CEQA process and is not intended to include final details of BMPs. SCHEMATIC ARCHITECTURAL BUILDING PLANS — prepare schematic level architectural plans for the Community and Sailing Centers, the restroom/light house, the marina control building and the existing restroom building located at 19th Street.. Marina Park Proposal M:IMARKRINGIPROPOSALS107 PROPOSALS1053WRINAPARKSDIMAINPROPOSAL AND STUFFIMARINAPARKMASTERPROPOSAL REM DOC Page 4 of 12 Based on approved conceptual design criteria for the Community and Sailing Center buildings and any new information presented by client or due to additional research of governing agency regulations or design guidelines, the Architect shall refine the building program and adjust current building plans, elevations, and 3-d images to reflect and further current ideas including implementation of agreed upon phasing plan. 2. Prepare plans, elevations, showing heights of major building components, door and window locations and proposed materials and colors for onsite buildings, including the support structures as described above. Establish a plan for sustainable solution objectives with the building and site. Coordinate with other team members to incorporate building designs into master site plan as it pertains to landscape and hardscape design around each structure. Initiate technical code research to further define buildings' occupancy classification, type of construction, including allowable area and exiting analysis. Provide sketches describing basic structural building systems for each building. 6. Assist the client in securing schematic refined building construction estimates. Update 3-d imagery in models. s. 19th Street restroom renovation feasibility studies — perform research on existing condition, past uses and community demand in order to develop alternatives for renovation or replacement of the existing restroom/storage building M. SCHEMATIC DESIGN of WATER SIDE FACILITIES - Prepare Harbor and Marina Master Planning schemes with various alternative layouts that provide the Owner with long and short range plans for the proposed basin. Alternative plans may include layouts with single -wide and double wide configurations, if desired, as well as the incorporation of long docks, side and end ties and other special configurations as needed. Special marina components may be required based on dock operations. Special components may include fendering apparatus, gangways and platforms for vessel boarding, special power requirements, sewage pump -out facilities and other amenities. Coastal Engineering Analysis: Provide a study and report of the coastal processes associated with the site, to include wind and wave studies, sediment transport and littoral drift evaluations, wave study, water circulation within the marina, water quality modeling and imposed loads study. Additional study may be required once the initial studies are complete. These additional studies, if required, will occur in subsequent phases of the project, unless the City of Newport Beach increases the Marina Park Proposal M IMARNETIN0IPROPOSALS107 PROPOSALS1053MARINAPARNSDIMAINPROPOSAL AND STUFFIMARINAPARNMASTERPROPOSALREV2A DOC Page 5 of 12 funding and revise the schedule to allow the studies to be completed in this phase of the project. Seawall Assessment: Based on recommendations by the soils consultant (working under direct contract with the Owner), prepare seawall concepts that incorporate Coastal Engineering recommendations. Identify cross section of wall and depth of pilings for inclusion in the EIR. Wall shall be designed to meet minimum City of Newport Beach requirements, as well as seismic stability guidelines. 4. Dredging Documents and Quantity Take -offs: Based on agency requirements for the permit process, prepare preliminary dredging documents with associated material takeoffs to be used for permitting and dredge disposal evaluations. Discuss the dredging matrix with the sediment testing firm (working under direct contract with the Owner), Dredging takeoffs will assume a 1 -foot over -dredge limit. Gangways — Standard marina gangway products will be incorporated in the various marina layout schemes. Special foundations may be required for gangway support, based on gangway location and the nature of the soils report. ADA compliance requirements will be followed for boater paths of travel. If special architecture is desired of the gangway structure, this would be considered an Additional Service. 6. Sewage Pump -out Facilities — The sewage pump -out facility will be located on the docks and the appropriate support facilities planned. Transient docks are often used for a pump -out location or, individual pump -out stations can be placed near each dock, in lieu of a common transient location, if desired. Grant and/or matching funds are available to a marina developer if such facilities are planned for the basin. N. UTILITY PLANS — Perform research to supplement existing utility information and direct additional site survey information as required. Prepare single line schematic utility plans depicting water, sewer, fire lines and storm drain (if required). Location of proposed gas and electrical lines will be shown for reference only with final locations dependent on the local provider. 0. REVISIONS - based upon comments derived from the presentations to the Client, perform minor revisions to the schematic design package, if required, to obtain final Client approval. P. COORDINATION WITH CEQA CONSULTANT — met with City retained CEQA consultant to conform schedules and data needs, provide data developed in Schematic design effort and review CEQA document for accuracy. Q. STATEMENT OF PROBABLE CONSTRUCTION COSTS - prepare a Statement of Probable Construction Costs based upon the schematic design. Marina Park Proposal WMARKETINGIPROPOSALS107 PROPOSALS1053M4RINAPARKSDIMAINPROPOSAL AND STUFFIMARINAPARKMASTERPROPOSAL REM DOC Page 6 of 12 R. FINAL ILLUSTRATIVE PLAN - prepare a colored Illustrative Plan useful for presentation purposes. S. FINAL PRESENTATION - present the final landscape schematic design package to the City of Newport Beach. T. CLIENT SUBMITTAL - submit the final schematic landscape design package to the Client. Anticipated Phase Duration: 16 Weeks Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: 30" x 42" Anticipated Deliverables: • Schematic Plan alternatives (colored, freehand on tissue) • Elevations and Sections (colored, freehand on tissue) • Details and Enlargements • Final Illustrative Plan (colored, freehand on print) • Existing Tree Inventory Plan • Design Imagery (color copies) • Schematic Site Lighting Plan • Schematic Fine Grading and Drainage Plan • Restroom feasibility/design study • Single line Utility Plans • Dimensioned floor plans and schematic exterior elevations/sections as necessary to describe the proposed design solution, including description of proposed buildings' exterior color and material selections, formatted to coordinate with overall submittal. • Sketches and/or a narrative description of the proposed structure system for each building. • Sketches and/or narrative outlining concepts of sustainability characteristics • Outline specification of proposed construction materials • Colored 3-d images updated to reflect adjustments to the buildings. Including updated site photograph overlaid with proposed structures (two views max.) • View Analysis showing current and proposed views from the public right of way to clarify impacts for EIR. • Statement of Probable Construction Costs Task 5 Phasing and Fund A. Work with City staff to identify State and Federal programs, grants and other sources that could be utilized to obtain funding for the construction of the Marina Park improvements. Marina Park Proposal WWRKETINGIPROPOSALS107 PROPOSALS1057MARINAPARKSDIMAINPROPOSAL AND STUMMARINAPARKMASTERPROPOSAL REV2A.DOC Page 7 of 12 B. Work with City staff to identify a level of City funds that could be used for construction of Marina Park improvements. C. Work with City staff to develop a Phasing Plan for park improvements. Plan to be developed in graphic and tabular form. Anticipated Phase Duration: 4 to 10 Weeks Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: NA Anticipated Deliverables: Funding Source document Phasing Plan Task 6. Meetinq Attendance A. Eight team coordination meetings are anticipated, including a start-up meeting with the City and regular coordination meetings with City Staff, the environmental consultant, and other consultants that may be retained separately by the City. B. Attendance at three (3) City hearings. This is expected to include the March 11th Council meeting. If requested, R/Hdo can attend additional meetings and/or hearings on a time and materials basis. C. Attendance at three (3) Homeowner Association Meetings. Task 7. California Coastal Commission Permitting (to be completed on an hourly basis) A. Project team will meet with the City, Environmental Consultant, and other Consultants who may be retained by the City, to identify the information necessary to prepare a project application, and supply information and documents as needed to complete the process in a timely manner. Task 8. Resource Agency Permits (to be completed on an hourly basis) A. Project team will meet with the City staff, Environmental Consultant, and other Consultants who may be retained by the City, to identify the information necessary to prepare a project application, and supply information and documents as needed to complete the process in a timely manner. Marina Park Proposal M IMARKETINOIPROPOSALS107 PROPOSAL M057MARINAPARKSDIMAINPROPOSAL AND STUFFIMARINAPARKMASTERPROPOSAL-REV2A.DOC Page 8 of 12 SCHEDULE2 ADDITIONAL SERVICES Services in addition to R/Hdo's 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. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of Schedule 1 (Scope of Work). C. PHASED OR SEGMENTED WORK - services requested in a phased or segregated bid basis. R/Hdo assumes that this project will be designed and construction documents prepared in one contiguous effort. D. FEES - Payment for governmental permits, application fees, processing fees, and plan check fees. E. EXCESS MEETINGS - meetings in excess of those indicated in each phase of Schedule 1 (Scope of Work). F. SPECIAL RENDERINGS - professional renderings often required to portray the landscape design in a more highly articulated or rendered fashion than is usually customary. Marina Park Proposal MIMARKETIN0IPROPOSAL5107 PROPOSAL S1053MARINAPARKSDIAIAINPROPOSAL AND STUFFIMARIIJAPARKMASTERPROPOSAL REV2A.DOC Page 9 of 12 SCHEDULE 3 FEE SCHEDULE We will perform the Scope of Work as described for the following fees, net of all local taxes, duties and levies, plus reimbursable expenses. Sub -total Lump Sum Fees Administrative Costs Total Lump Sum Fee Reimbursable Expenses Total Not to Exceed Schematic Design Hourly Services Task 7 California Coastal Commission Task 8 Resource Agency Permits $417,300 $30,930 $448,230 30,000 Not to exceed $478,230 $20,000(1) $20,000(l) 900-00 (1)Fees to be used for entire team in support of California Coastal Commission and resource agency approvals. Funds identified are an initial estimate and not a guarantee of the amount of funds/support required. Marina Park Proposal M IMARKETINGIPROPOSALM7 PROP0SALS1053N%RINAPARKSDIMAINPR0P0SAL AND STUFFIMARINAPARKAWSTERPR0P0SALREV2A D0C Page 10 of 12 Primary Subcontractors Work UR$ j Bundy/ , Fuscoe Butsko Phase R/Hdo Cash Finkel ; Basic Services - to be completed on a Lump Sum basis Task 1 Public Involvement $8,000 Task 2 Plan Refinement $7,000 Task 3 Surveys $15,000 Task 4 Schematic Design $66,000 $144,000 $88,800 $29,000 $5,700 Task 5 Phasing and Funding $8,500 Task 6 Meetings $13,500 $10,000 $11,800 $10,000 Sub -total 1103,000 $154,000 $100,600 $54,000 5 700 Sub -total Lump Sum Fees Administrative Costs Total Lump Sum Fee Reimbursable Expenses Total Not to Exceed Schematic Design Hourly Services Task 7 California Coastal Commission Task 8 Resource Agency Permits $417,300 $30,930 $448,230 30,000 Not to exceed $478,230 $20,000(1) $20,000(l) 900-00 (1)Fees to be used for entire team in support of California Coastal Commission and resource agency approvals. Funds identified are an initial estimate and not a guarantee of the amount of funds/support required. Marina Park Proposal M IMARKETINGIPROPOSALM7 PROP0SALS1053N%RINAPARKSDIMAINPR0P0SAL AND STUFFIMARINAPARKAWSTERPR0P0SALREV2A D0C Page 10 of 12 SCHEDULE 4 R/Hdo's Standard Hourly Rate Schedule Effective January 1, 2008 SCHEDULE OF FEES For Professional Services Time Charges Hourly Rate Range R/Hdo Principals $190.00 Senior Associates $125.00 Associates $85.00 Professional Staff $65.00 Administrative & Word Processing $55.00 URS/Cash See attached Bundy -Finkel Architects Principal $150.00 Senior Designer $125.00 Project Manager $105.00 Draftsperson $85.00 Clerical $45.00 Fuscoe Engineering $135.00 President $260.00 Principal $229.00 Senior Project Manager $218.00 Project Manager $177.00 Senior Designer/Senior Engineer/Senior Water Resources Engineer $151.00 Designer/ Engineer/ Project Scientist/GIS Coordinator $135.00 CADD/Engineering/Environmental Tech./Graphics Tech. $104.00 Information Coordinator $78.00 1 Man Survey Crew $170.00 2 Man Survey Crew $225.00 3 Man Survey Crew $260.00 Butsko Utility Design Principal in Charge $135.00 Project Manager $110.00 Project Coordinator $80.00 Designer $95.00 AutoCAD Drafter $65.00 R/Hdo's hourly rate schedule is subject to adjustment in January and July of each year. Marina Park Proposal MIMARKETINOIPROPOSAL S107PROPOSALS1057MARINAPARKSDIMAINPROPOSALAND STUFFIMARINAPARKMASTERPROPOSALREV2ADOG Page 11 of 12 Reimbursable Expenses Consultants: Cost plus 10%. Travel: Private vehicles @ $0.485 per mile. Commercial travel and related expenses at cost plus 10%. Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: Cost plus 10%. 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. Marina Park Proposal MIMARKETINGIPROPOSALSWPROPOSAL S%053MARINAPARKSDIMAINPROPOSALAND STUFFIMARINAPARKMASTERPROPOSALREV2ADOC Page 12 of 12 am RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS January 1, 2008 In addition, for direct out-of-pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $.10 to $1.50 per square foot -depending on type of paper Plotting $.80 to $2.00 per square foot -depending on type of paper 2) Automobile: Standard Mileage Rate set by IRS 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00/day/per man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark-up. 6) Third Party Services: at Cost plus 15% mark-up. a) Surveying b) Materials testing laboratory work C) Consultant and subcontract professional fees d) Outside reproduction services Flay cen p e - hirty Days. URS Corporation 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 Tel: 714.895.2072 Fax: 714.895.1291 Mail: P.O. Box 2715 Huntington Beach, CA 92647 HOURLY OVERTIME PROJECT DIRECTOR 237.00 237.00 TERMINAL PLANNING SPECIALIST 237.00 237.00 SR. PROJECT MANAGER 225.00 225.00 PROJECT MANAGER 170.00 170.00 PRINCIPAL ENGINEER 167.00 167.00 SENIOR ENGINEER/PROJECT ENGINEER 157.00 157.00 PROJECT ARCHITECT 142.00 142.00 ARCHITECT 111.00 111.00 ENGINEER III 142.00 142.00 ENGINEER II 122.00 122.00 ENGINEER 1 111.00 111.00 GRADUATE ENGINEER 96.00 96.00 PROJECT DESIGNER 111 109.00 130.80 PROJECT DESIGNER 11 104.00 124.80 PROJECT DESIGNER 1 96.00 115.20 SENIOR DESIGNER/CAD OPERATOR III 92.00 110.40 DESIGNER/CAD OPERATOR 11 81.00 97.20 DRAFTER/CAD OPERATOR 1 71.00 85.20 PERMIT PROCESSOR/COORDINATOR 87.00 104.40 PROJECT ADMINISTRATOR 81.00 97.20 SR. PROJECT ASSISTANT 86.00 103.20 PROJECT ASSISTANT 81.00 97.20 SPECIFICATION PROCESSING 81.00 97.20 WORDPROCESSOR 76.00 91.20 CLERICAL 66.00 79.20 In addition, for direct out-of-pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $.10 to $1.50 per square foot -depending on type of paper Plotting $.80 to $2.00 per square foot -depending on type of paper 2) Automobile: Standard Mileage Rate set by IRS 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost, not to exceed $150.00/day/per man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark-up. 6) Third Party Services: at Cost plus 15% mark-up. a) Surveying b) Materials testing laboratory work C) Consultant and subcontract professional fees d) Outside reproduction services Flay cen p e - hirty Days. URS Corporation 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 Tel: 714.895.2072 Fax: 714.895.1291 Mail: P.O. Box 2715 Huntington Beach, CA 92647 California Business Search t .. J31 B0WF i' DISCLAIMER: The information displayed here is current as of MAR 07, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation RABBEN/HERMAN DESIGN OFFICE LTD Number: C2214892 Date Filed: 4/6/2000 —� Status: active Jurisdiction: California Address 833 DOVER DRIVE SUITE 9 NEWPORT BEACH, CA 92663 Agent for Service of Process MARC PENSO 400 BARRANCA PARKWAY SUITE 250 IRVINE, CA 92604 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http://kepler.sos.ca.gov/corpdata/ShowAIlList?QueryCorpNumber=C2214892&printer—yes 03/12/2008