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HomeMy WebLinkAboutC-3929 - City Hall Conceptual Site Plan and Relocation of OCTA Transportation Center Investigation• 9 c -M�-q AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DMJM DESIGN FOR CITY HALL CONCEPTUAL SITE PLAN AND INVESTIGATION INTO RELOCATION OF OCTA TRANSPORTATION CENTER THIS AMEN NO: 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this i day of lA,m/ , 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DMJM H &N, Inc., dba DMJM DESIGN, a California Corporation, whose principal place of business is 515 South Flower Street, 81' Floor, Los Angeles, California, 90071 ( "Consultant'), and is made with reference to the following: RECITALS A. On May 17, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for design services for the City hall conceptual site plan and investigation into relocation of OCTA Transportation Center, hereinafter referred to as "Project". This Agreement is scheduled to expire on September 1, 2007. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1, as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated June 18, 2007, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Twelve Thousand Dollars ($12,000). Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. • i IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: GL( f G/t� Aaron C. Harp Assistant City Attorney for the City of Newport Beach ATTEST- .2. � ` �j By: G Gkr LaVon a kle s City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation By: Homer Bludau City Manager for the City of Newport Beach CONS T: DMJM H Inc. BY:-- CONSULT S /a /07 ( rporate Officer) Title: z9 FOA- -V OLI S MM4"IL Print Name: S 4ctM Lpl- By: (Financial Officer) Print Name: f luserslpbwlshared\agreementslfy 00- 071dmimcRy hall concept -l.doc June 18, 2007 Mr. Homer Bludau City Manager City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 Subject: Additional Services — Building Pad Study New City Hall, Newport Beach, CA Dear Homer. 0 EXHIBIT A DMJM DESIGN I AECOM We appreciate your request for a proposal to assist you with additional planning and building pad study associated with the new City Hail and the associated parking to be located north of the existing City of Newport Beach Central Library on Avocado Avenue. DMJM has revised our proposal based on Mr. Selich's June 15, 2007 direction to eliminate offsite traffic studies and per our original scope of work, only the internal site access within the site oonfiguration will be studied. In addition, due to the site configuration and gradient, planning options are required to discern which parking and building pad option is the most viable, although to remain compliant to Mr. Selich's mandate, only one option will be presented and DMJM will assume the loss for the site analysis which is necessary to provide the recommended alternative. The following proposal outlines our understanding of the scope of work, deliverables and project fees to assist you in validating your development vision for this site. SCOPE OF WORK Site Investigation and Preliminary Planning Option The DMJM Design team will develop a site building pad study for the site adjacent to the Central Library based on the information conveyed to DMJM at our May 18, 2007 meeting and subsequent June 18, 2007 email from Steve Badum regarding the approach to the project. We understand the overall program goals to include the following: • Provide an efficient development area in order to maximize the remaining northerly area for a passive park. • 2 -story / 72,000 sf /floor City Hall. The ground floor area of 42,000 sf may be reduced to minimize excavation and retaining wall quantities. The building footprint configuration will not be depicted. • Provide for 300 car parking with an additional 100 car parking to service the existing Central Library. Provide 60 surface car spaces for public use and day -to-day access. Parking stalls will not be depicted. • All structures and grading shall be kept at least 8 feet below the existing sight plane established for the area. The berm adjacent to MacArthur Boulevard will not be lowered or removed. • Provide high level cost estimates. Estimate to include allowance for sub -drain system due to groundwater conditions with the existing Central Library's basement. • Traffic study analysis will not be performed. Additional traffic analysis will not be performed beyond the previously submitted internal vehicular circulation within the site configuration associated with the OCTA Transportation site. 0 Mr. Homer Bludau Page 2 of 4 6/18/2007 Present Preferred Plan F • Per the direction from the City on June 18, 2007, only one building pad option will be submitted and presented to the City. Deliverables will include one building pad option with: • Land Use Site Plan • Estimate of major site development costs; i.e. earth removal, grading and quantify schematic retaining wall locations and heights DMjM DESIGN ( AECOM 0 Mr. Homer Bludau Page 3 of 4 6/18/2007 FEE PROPOSAL E We propose to provide our base services for a time and materials excluding estimating services and traffic engineer services with a not -to- exceed fee of $11,500. Our cost estimating consultants that we have collaborated on within the Orange County area in an effort to provide realistic and current market place development costs for the proposed project and based on similar scope projects anticipate the estimating portion to be $500. DMJM will coordinate and manage the consuitanfs scope of work and will not mark -up the stated estimator's fees. Principal 8 hrs @ $300 $ 2,400 Project Manager 16 his @ $200 $ 3,200 Designer 54 his @ $100 $ 5,400 Sub -Total 78 hrs $11,000 ODC's (Anticipated) $ 500 DMJM Not -to- Exceed Total $11,500 Estimator Not -to -Exceed Total $ 500 Total Not -to- Exceed $12,000 Material costs will include the following Other Direct Costs (ODC's): transportation to and from the site and our offices, 3 set of deliverable documents, long distance communication charges and normal postage. In addition, we request ODC reimbursement for expenditures made by us, specifically for the project including, but not limited to: additional document reproduction; computer plotting; photography; shipping, messenger or courier service charges; any sales, or similar taxes; purchase of maps and similar documents; supplies and materials; other similar expenses which have been included within the anticipated ODC's listed above. Authorization by you for additional scope ac yustments will be required for any professional photography, renderings and scale models, special engineering studies and reports, mock-ups or samples performed by outside vendors. Our proposal does not include any engineering or other consulting services except as specifically Identified in this scope. Commencement of Work We will commence work upon receipt of this signed agreement. The above fee and schedule is based on our general understanding and assumptions of the services required for the project. Should the scope of work or schedule change, we will provide additional services as agreed to in writing by both parties. DMJM DESIGN AECOM 0 Mr. Homer Bludau Page 4 of 4 6!18/2007 Confidentiality 0 Both parties agree that all information provided by both parties under this Agreement shall be considered confidential, and shall not be reproduced, transmitted, used or disclosed by the receiving party without the providing party's written consent, except as may be necessary for the receiving party to fulfill its obligations; provided that this limitation shall not apply to any information, or portion thereof, which is within the public domain at the time of its disclosure or is required to be disclosed by operation of law. Information Required of City of Newport Beach: We will require the following information in order to begin the work described in this proposal: 1. Site surveys (preferably in AutoCad format) including utilities, topography, metes and bounds information, existing improvements such as library, streets, sidewalks, drives, other above grade and underground structures and landscape elements. 2. Geotechnical /Geoseismic information, if available. 3. Existing zoning including use and building envelope information (FAR, setbacks, height restrictions, etc.). 4. Any other existing conditions, covenants and restrictions imposed on the property. 5. Existing environmental assessments or information. If you are in agreement with this proposal, please indicate so by signing both copies and return one to us for our records. Sincerely, Agreed To: YD� Kelly L. Olson f 6r Vice President City of Newport Beach DMJM Design Date: 0 0/ Cc: Jose Palaclos, Jed Zimmerman, Scott Lelieur DMJINI DESIGN AECOM PROFESSIONAL SERVICES AGREEMENT WITH DMJM DESIGN FOR CITY HALL CONCEPTUAL SITE PLAN AND INVESTIGATION INTO RELOCATION OF OCTA TRANSPORTATION CENTER THIS AGREEMENT is made and entered into as of this 17th day of May, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DMJM H &N, Inc., dba DMJM DESIGN, a California Corporation, whose principal place of business is 515 South Flower Street, 8th Floor, Los Angeles, California, 90071 ( "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 build a new 72,000- square -foot City Hall building to replace its current civic center facility located at 3300 Newport Boulevard in the City of Newport Beach. C. City desires to engage Consultant to investigate the feasibility of constructing the proposed new City Hall at the current Orange County Transportation Authority (OCTA) Transportation Center site, located at 1550 Avocado Avenue in the City of Newport Beach, and relocating the OCTA terminal to the parcel immediately south of the existing site in Newport Center ("Project"). The Project will include providing City with a land use site plan and estimate of major development costs. 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 Kelly L. Olson, Vice President, DMJM Design. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1 st day of September, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for 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 billing rates included in the Scope of Work. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty -Two Thousand Dollars and no /100 ($42,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 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 billing rates set forth in Exhibit A. 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 Jed Zimmerman, Senior Associate of DMJM Design, 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. Stephen G. Badum shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or 3 0 0 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 to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. M. 0 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work 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. 5 0 0 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 • i employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket 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: i. The City, its elected or appointed officers, officials, and employees, 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, and agents as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 7 0 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. A. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise 93 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. E E 20. OPINION OF COST 0 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 10 9 0 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: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Kelly L. Olson, Vice President DMJM Design 515 South Flower Street, 8th Floor Los Angeles, CA 90071 Phone: 213 - 593 -8100 11 28. TERMINATION Fax: 213 - 593 -8178 • 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. HAZARDOUS MATERIALS Notwithstanding any other provision of this Agreement, the Consultant and Consultant's subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including, but not limited to, asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. 31. 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. 12 0 0 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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. 13 0 0 38. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPR VED AS TO FORM: Aarcln C. Harp Assistant City Attorney for the City of Newport Beach ATTEST: Byf�(%�a/ LaVonne Harkless, City Clerk �..� CITY OF NEWPORT BEACH, A Mu ' ipal ration B Steve Rosa ky City Manager for the City of Newport Beach CONSULTANT: DMJM H &N, Inc. By: za, ) ( rporate Officer) Title: Y u p✓� �(1/ Print Name:: I" to By: 'Q a- (Financial Officer) Title:) ICe- Pre 51derii �Can4ro er Print Name: Dennis A. pesla{tQ. Attachments: Exhibit A — Scope of Services f: \users \pbwlshared\agreements \ty 06- 07\dmjm -city hall concept.doc 14 9 DMJM Design 515 South Flower Street, 8'" Floor, Los Angeles, California 90071 T 213.593.8100 F 213.593.8178 www.dmjmhn.aeoom.com May 17, 2007 Mr. Homer Bludau City Manager City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 Subject: Site Planning and Validation Services — New City Hall, Newport Beach, CA Dear Homer: n u DMJM DESIGN I AECOM We appreciate your request for a proposal to assist you with initial planning and site validation services associated with the new City Hall, the proposed OCTA bus facility and the associated surface parking for each facility. The following proposal outlines our understanding of the scope of work, deliverables and project fees to assist you in validating your development vision for this site. PROJECT APPROACH AND SCHEDULE The ultimate success of any civic center project relies on careful planning and the thoughtful integration of expertise. Selecting the best team for the project is the first step. We are dedicating the hands-on efforts of our Design Principal as well as our experienced staff. The following scope of work describes our effort, anticipated timeline, and proposed deliverables. The overall schedule includes investigation, options, workshop, concepts, and preferred plans, all to be completed within a four week period. This schedule is based on your acceptance of this proposal, receipt of site information, OCTA bus facility development program and plans, and agreement on the milestones identified as follows: • Initial meeting • Investigation and Preliminary Options • Planning Workshop to present preliminary concepts • Preferred Plan SCOPE OF WORK Site Investigation and Preliminary Planning Options The DMJM Design team will meet and/or discuss the project with you to develop an in -depth knowledge of the site and communicate with your team regarding the approach to the project. We understand the overall program goals to include a 2 -story 172,000 sf/floor City Hall along with the requisite 300 car parking, OCTA bus facility on site and vehicular / bus circulation and access. Mr. Homer Bludau Page 2 of 4 5/17/2007 We will review the macro -level building program described within the City Hall Facilities Needs Assessment — Report on Space Requirements dated August 9, 2002 which was prepared by Griffin Advisors. The stated program should correspond to a vision for the property and phasing for future parking and a 1 story 10,000 sf. Civic Auditorium Arts Center. We also wish to engage you in discussions regarding qualitative aspects of the Project and to set goals related to quality of place and connection to adjacent uses. In order to move forward with the work, we also will need to have assumptions, desires, requirements and design criteria established. With the Project criteria defined, we will prepare a set of planning options for consideration. The initial development of those options will consider a number of ideas meant to view the goals of the Project from different perspectives and to examine how well each of these ideas succeeds in terms of overall site, massing and context, as well as unique characteristics. Deliverables will include: • Minutes of Kick Off Meeting • 1 to 2 Preliminary Planning Options including land use site plan, program tabulations and high level site development costs. Planning Workshop With the Preliminary Planning Options prepared, we anticipate conducting a Planning Workshop with your team to "brainstorm" these concepts. This session would be used both to review and elaborate on each Option. Considerations during the Workshop would include site, building placement, parking issues, egress, access, circulation (including pedestrian, vehicular, bus and service) as well as ideas concerning usage, amenities and future phased development. Verification of the following development concerns will be addressed: • Site suitability for proposed building program • Site access, circulation, vehicular and bus parking work within site configuration • Define and itemize high level site development costs The outcome of this Workshop would be a set of refined directions and considerations for use in developing a Preferred Planning Concept. Deliverables will include: • Minutes and other supporting materials generated during the Workshop Present final Preferred Plans With the outcome from the Planning Workshop, we will develop a Preferred Planning Concept, and will incorporate any comments you may have presented for your final consideration and use. Deliverables will include a final Preferred Plan with: • Land Use Site Plan • Development Program Tabulations • Estimate of major site development costs; i.e. earth removal, grading and quantify schematic retaining wall locations and heights, other site developments such as landscaping and parking DMJM DESIGN I AECOM P Mr. Homer Bludau Page 3 of 4 5/1712007 FEE PROPOSAL We propose to provide our base services for a time and materials excluding estimating services between $30,000 - $32,000 with a not -to -exceed fee of $32,000. We are currently soliciting fee proposals from cost estimating consultants that we have collaborated on within the Orange County area in an effort to provide realistic and current market place development costs for the proposed project and based on similar scope projects anticipate the estimating portion to be $10,000. DMJM will coordinate and manage the consultant's scope of work and will not mark -up the stated estimator's fee. Principal 20 hrs @ $300 $ 6,000 Project Manager 40 hrs @ $200 $ 8,000 Landscape Planner 20 hrs @ $140 $ 2,800 Designer 120 hrs @ $100 $12,000 Sub -Total 200 hrs $28.800 ODC's (Anticipated) $ 3,200 DMJM Not -to- Exceed Total $32,000 Estimator Not -to -Exceed Total $10,000 Total Not -to- Exceed $42,000 Material costs will include the following Other Direct Costs (ODC's): transportation to and from the site and our offices, 3 sets of deliverable documents at each stage, long distance communication charges and normal postage. In addition, we request ODC reimbursement for expenditures made by us, specifically for the project including, but not limited to: additional document reproduction; computer plotting; photography; shipping, messenger or courier service charges; any sales, or similar taxes; purchase of maps and similar documents; supplies and materials; other similar expenses which have been included within the anticipated ODC's listed above. Authorization by you for additional scope adjustments will be required for any professional photography, renderings and scale models, special engineering studies and reports, mock -ups or samples performed by outside vendors. Our proposal does not include any engineering or other consulting services except as specifically identified in this scope. Commencement of Work We will commence work upon receipt of this signed agreement. The above fee and schedule is based on our general understanding and assumptions of the services required for the project Should the scope of work or schedule change, we will provide additional services as agreed to in writing by both parties. DMJM DESIGN AECOM 0 Mr. Homer Bludau Page 4 of 4 5/17/2007 Confidentiality Both parties agrees that all information provided by both parties under this Agreement shall be considered confidential, and shall not be reproduced, transmitted, used or disclosed by the receiving party without the providing party's written consent, except as may be necessary for the receiving party to fulfill its obligations; provided that this limitation shall not apply to any information, or portion thereof, which is within the public domain at the time of its disclosure or is required to be disclosed by operation of law. Information Required of City of Newport Beach: We will require the following information in order to begin the work described in this proposal: 1. Site surveys (preferably in AutoCad format) including utilities, topography, metes and bounds information, existing improvements such as buildings, streets, sidewalks, drives, other above grade and underground structures and landscape elements. 2. Geotechnical/Geoseismic information, if available. 3. Existing zoning including use and building envelope information (FAR, setbacks, height restrictions, etc.). 4. OCTA proposed bus facility development program and plans, if available. If not available, matching the current size and configuration of the current OCTA operation will be used. 5. Any other existing conditions, covenants and restrictions imposed on the property. 6. Existing environmental assessments or information. If you are in agreement with this proposal, please indicate so by signing both copies and return one to us for our records. Sincerely, Kelly L. Olson Vice President DMJM Design Cc: Jose Palacios, Jed Zimmerman, Scott Lelieur Agreed To: for City of Newport Beach Date: DMJM DESIGN I AECOM 0 0 MARSH CERTIFICATE OF INSURANCE CERTIFICATENUMBER LOS-000565 1 -14 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License #0437153 POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Los Angeles, CA 90017 Attn: Lori Bryson (213) - 346 -5464 COMPANIES AFFORDING COVERAGE COMPANY 6510 - AECOM- CAS -07 -08 DMJM HHN DCERN BALTI MD A ACE American Insurance Company INSURED COMPANY DMJM H &N, Inc. doe DMJM Design B 515 S. Flower Street Los Angeles, CA 90071 - COMPANY C Illinois Union Insurance Company COMPANY D N/A COVERAGES THIS 16 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVV THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWM MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMNIDNY) POLICY EXPIRATION DATE(MMIDDNYI UNITS • GENERAL LIABILITY "HDO G2372733A" 04/01/07 04101/06 GENERAL AGGREGATE $ 1,000,000 X PRODUCTS - COMPIOP AGO $ 1,000,000 COMMERCIALGENERA INABILITY CLAIMSMADE aOCCUR PERSONAL a ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S S CONTRACTOR'S PROT FIRE DAMAGE (My One firs) $ 1,000,000 MED UP One arson $ 5,000 • AUTOMOBILE LIABILITY "ISA H08222939" 04/01/07 04101ro8 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUT06 SCHEDULED AUTOS (Per P-rmn) BODILY INJURY (Pg xcWeM) $ HIRED AUTOS NON- OWLJEDAI/TOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO E CHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ THE PROPRIETOW INCL PARTNERSIEXECUTIVE OFFICERS ARE EXCL EL DISEASE -EACH EMPLOYEE $ C OTHER EON G21654693002 04/01/07 04/01108 $1,000,000 ARCHITECTS & ENG. ' "CLAIMS MADE "' PER CLAIM /AGGREGATE PROFESSIONAL LIAR. DEFENSE INCLUDED DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLE81SPECIAL ITEMS City Hall Conceptual Sile Plan and Investigation into Relocation of OCTA Transportation Center I PROJECT END DATE: September 2007. The City of Newpo I Beach elected or appointed officers, officials, volunteers and employees are NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION WOULD MY OF THE POUMES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAA . 3D SAYS WRITTEN HOME TO THE City of Newport Beach Public Works Department - Attn: Risk Manager 3300 Newport Beach CERTIFICATE HOUR NAMED HEREIN, BUT FAILURE TO MAUL SUCH NOTICE SHAU. IMPOSE NO OBLIGATION OR LMBNTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATNES, OR THE Newport Beach, CA 92663 ISSUEROF THIS CERTIRCATE, MARSH USA INC. / BY: David Denihan MM1j3102) VAUD AS OF: 05109/07 ADDITIONAL INFORMATION PRODUCER COMPANY Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street E Los Angeles, CA 90017 Attn: Lori Bryson (213) - 3465464 COMPANY F 06510- AECOM- CAS -07.06 DMJM H +N DCERN BALTI MD INSURED DMJM H &N, Inc. dba DMJM Design 515 S. Flower Street COMPANY G Los Angeles, CA 90071 - COMPANY H DATE IMMMMYI LOS- 000565931 -11 05/09/07 SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER & ADDITIONAL INSURED SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GL & AL COVERAGES. WAIVER OF SUBROGATION IS HEREBY GRANTED IN FAVOR OF CERTIFICATE HOLDER. for GL & AL Coverages City of Newport Beach Public Works Department - Alin' Risk Manager 3300 Newport Beach Newport Beach, CA 92663 MARSH USA INC. NY " David Denihan " 0-~AW t1w 0 0 POLICY NUMBER: HOO G2372733A COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizational, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH NEWPORT BEACH, CA 62663 ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, VOLUNTEERS AND EMPLOYEES RE: City Hall Conceptual Site Plan and Investigation into Relocation of OCTA Transportation Center/ Project End Date: September 2007 Information reouired to complete this Schedule if not shown above will be shown in the Declarations. Section It — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 20134 Page t of t 0 0 NON- CONTMUTORY- CMDORSEMENT FOR Ai3fiMONAL INSUREDS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMM12MMAL GENERAL LIABILITY COVERAGE SSottedule ,?roantzation Additional Insured oral ors ement City Of .Newport Beach 3300 Newport Beach, Newport Beach, CA 92663 (firm intormation is Riled hL the schedule shat! read-, W) parsons orenndes added as addillmW knuretla through an ertlorsernant with the tern'Additkmai maurew in me t1Re) For organizations that are listed In the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a: If other insurance Is available to an insured we cover udder any of the Lndofsements listed of described above (the `Additional insured" for a loss we cover under this policy, this insurance will ap* to such loss on a primary basis and we will not seek contribution from the other insurance available to the Addktonal Insured. Authorized Agent LD -7028' (081061 Page t of t 0 0 POLICY NUMBER: ISAH08222939 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS ENDT. #7 Named Insured AECOM Technology Corporation Endorsement Number 7 icy SA Po icy Number Policy Period 04/01/2007 to Effective Date of 1-108222939 04101/2008 Endorsement 04/01/2007 Issued By (Name of Insurance company) ACE American Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured (s): CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH NEWPORT BEACH, CA 92663 ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, VOLUNTEERS AND EMPLOYEES RE: City Hall Conceptual Site Plan and Investigation into Relocation of OCTA Transportation Center/ Project End Date: September 2007 A. For a covered "auto," Who Is Insured is changed to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage* resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto" with permission from You, any of your employees or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Agent DA -9U74 (12194) Ptd. in U.SA ACORQ. CERTIFICATE OF INSURANCE DATE — — _ ...._ oarov2oos � osio272o07 S /02/207 PRODUCER Locklon Companies, LLC -L Los Angeles 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 19800 MacArthur Blvd., Suite 550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License NOF15767 ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92612 GENERAL LIABIUTY 949 - 2524400 INSURERS AFFORDING COVERAGE EACH OCCURRENCE INSURED DMJM H &N, Inc. INSURER,:Insurance,CO. State Of PBnDS}'IVaDIa 1075642 dba: DMJM Design INSURER e: National Union Fire Insurance Co. 515 S. Flower Street NOT APPLICABLE Los Angeles CA 90071 MED EXP one ermn I INSURER D INSURER rnsreo wr_ec n nY -rcnt nc THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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. INSR LTH TYPE OF INSURANCE POLICYNUMBER PpLI EPFPPECTVE DAT MMIDD POLICY EXPIRATION DATE MMiD LIMITS GENERAL LIABIUTY EACH OCCURRENCE S XXXXXXX FIRE DAMAGE (Any one fee 5 XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE MED EXP one ermn s XXXXXXX CLAIMS MADE ❑ OCCUR PERSONAL s MV INIURY s XXXXXXX GENERAL AGGREGATE s XXXXXXX GEHL AGGREGATE LLIIMIIT. APPLIES POLI V JECT PER LOC PRODUCTS. COMPADP $ XXXXXXX AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE ((E. acc�D; ANGLE LIMB S XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) 5 XXXXXXX 8001LY IPor accident) 5 XXXXXXX HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) s XXXXXXX ' -- GARAGE UABILITY I AUTO ONLY -EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC AUTO ONLY. AGG s XXXXXXX ANY AUTO NOT APPLICABLE S XXXXXXX EXCESSLMBIUTY OCCUR ❑ CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE s X.XXX.X.Xii AGGREGATE _ s_ XXXXXXX 5 XX�X ❑IFORM A DEDUCTIBLE PaMt I RETENTION s s xXxxx)(X A WORKERS COMPENSATION AND WC2921235(AOS) 04/01/2007 04/01/2008 }{ VvD STAT A EMPLOYERS'LNBILfrY WC2921236(CA) 04/0112007 04/0112008 E.L EACH ACCIDENT 5 1,000,000 s 100 000 A WC2921237(FL) 04/012007 0410112008 E.L.OISEASE -EA MPLO E.L. DISEASE POLICY LIMIT I S 1,000,000 A WC2921238 OR 041012007 04/01/2008 B OTHER Worhers Compeesarion WC2921239(OH,WA,WI,WV,WY) 041012007 041012006 SavaoU Limits - See Above DESCRIPTION OF OPERATIONSR .00AnONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: City Hall Conceptual Site Plan and Invesligaoon into Relocation of OCT.A Transportation Center. Waiver of Subrogation applies per anached endorsement. CERTIFICATF HOLDER j I ADDITIONALINSURM INSURER LETTER: ANCELLATION IM1006861 2854415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach Public Works Departrnent DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Risk Manager NOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO $HALL 3300 Newport Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport Beach CA 92663 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 2S.S(7/97) F °y°a°n• ddm. ,,,,,ro.. w 81 v and Specify o.nwnrteoa.'A m'. ® AtORD CORPORATION 1988 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (the following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/0112007 forms a part of Policy No. WC 292 -12- 36 Issued to AECOM Technology Corporation By The Insurance Company of the State of Pennsylvanla 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 any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2% of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Certificate ID : 2854415 Misc Attachment: M100686 Fax #: • • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5 -8 -07 Dept. /Contact Received From: Shaun Oyler Date Completed: 5 -9 -07 Sent to: Shauna By: April Walker Company /Person required to have certificate: DMJM Design GENERAL LIABILITY A. INSURANCE COMPANY: Ace American Ins. Co. B. AM BEST RATING (A: VII or greater): A+ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1 mil agg/1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Ace American Ins. Co. B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A 1 mil ® Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the - endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Not provided I AM BEST RATING (A: VII or greater): LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Additional insured endorsement missing volunteers. Auto: Additional insured endorsement missing volunteers. Workers' Compensation: not provided. 0 0 Page 1 of 1 Oyler, Shauna From: April Walker [AWalker @bbsocal.com] Sent: Monday, May 14, 2007 11:11 AM To: Oyler, Shauna Subject: Endorsements for DMJM Attachments: City of Newport Beach Marsh cart 07- 08.pdf Hi Shauna, The endorsements look good. APn(Wh*r, rrirr Sr. Account Manager Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Direct Phone # 714 - 221 -1813 Fax: 714 -221 4196 License #0785279 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Oyler, Shauna [mailto:SOyler @city.newport- beach.ca.us] Sent: Thursday, May 10, 2007 11:01 AM To: April Walker Subject: Endorsements for DM]M They have finally submitted the endorsements. Please re- check. They will be sending me the Workers' Comp 05/14/2007 � C -391 � �'' .�� X17 CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT t a j z- Agenda Item No. 8 April 10, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum 949 - 644 -3311 or sbadum @city.newport- beach.ca.us SUBJECT: CITY HALL CONCEPTUAL SITE PLAN AND RELOCATION OF OCTA TRANSPORTATION CENTER INVESTIGATION - PROFESSIONAL SERVICES AGREEMENT WITH DMJM DESIGN RECOMMENDATIONS: 1. Direct staff to execute a Professional Services Agreement with DMJM Design of. Los Angeles, California to provide for the investigation of a potential city hall site at the current OCTA Transportation Center site and the relocation of the OCTA • terminal to the parcel immediately south of the existing site in Newport Center for a not -to- exceed price of $42,000. Authorize the City Manager and City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $42,000 from General Fund unappropriated balance for FY 2007 -08 into Account No. 7410- C2910545. DISCUSSION: On March 30, 2007, the City Hall Building Committee met to discuss the relocation of City Hall to the site currently occupied by the OCTA Transportation Center in Newport Center. The existing OCTA Transportation Center is located on Avocado Avenue near the comer of San Joaquin Hills Road and MacArthur Boulevard (see attached map). The proposed site would require the relocation of the Transportation Center to the parcel at the comer of Avocado Avenue and San Miguel Drive which is currently designated as open space. In an effort to more fully investigate this concept, the Committee recommends retaining DMJM Design to perform the investigation of this potential City Hall site. The scope of work will be based upon the current building program that envisions a two story 72,000SF (42,000sf 15 floor) City Hall facility and 300 vehicle parking structure. The proposed scope will include initial site planning, an investigation of potential concepts that would fit the site, and preliminary cost estimates associated with the relocation of • the OCTA Transportation Center and the construction of a new City Hall. City Hall Conceptual Plan &:TA Transportation Ctr. Relocation — Professional • ices Agreement with DMJM Design April 10, 2007 Page 2 DMJM Design has proposed the following scope of services on a time and materials basis at a cost not to exceed $42,000: • Initial Site planning including a review of the existing OCTA Transportation Center site, adjacent open space parcel, and the current building program as originally proposed in the City Hall Facilities Needs Assessment by Griffin Structures. • Investigation and Preliminary Site Options including site suitability,. building placement, access, circulation, and parking for both the new City Hall and the relocated OCTA Transportation Center. The potential usage, amenities and phased development such as a potential 10,000sf Civic Auditorium Arts Center will also be addressed. • Finalize the preferred option including site plan and preliminary cost estimates. Environmental Review: Engineering design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and the appropriate documentation will be prepared if the project proceeds beyond the conceptual phase. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description City Hall Expansion Prepared O(G. Badum works Director Location Map Budget Amendment Account Number Amount 7410- C2910545 $42,000 Total: $42,000 Submitted by: *MswamiZ' ZA� omer Bludau City Manager • • �Pt��v . �;, � dam:.,.. 'vi 5 v. ., . "r / ^> >�. _� E DMJM Design 515 South Flower Street, a Floor. Los Angeles, California 90074 T 213.593.8100 F 213.593.8178 wwwArnimhn.secom.com April 03, 2007 Mr. Homer Bludau City Manager City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 Subject: Site Planning and Validation Services — New City Hall, Newport Beach, CA Dear Homer: 0 DMJM DESIGN `AECOM • We appreciate your request for a proposal to assist you with initial planning and site validation services associated with the new City Hall, the proposed OCTA bus facility and the associated surface parking for each facility. The following proposal outlines our understanding of the scope of work, deliverables and project fees to assist you in validating your development vision for this site. PROJECT APPROACH AND SCHEDULE The ultimate success of any civic center project relies on careful planning and the thoughtful integration of expertise. Selecting the best team for the project is the first step. We are dedicating the hands -on efforts of our Design Principal as well as our experienced staff. The following scope of work describes our effort, anticipated timeline, and proposed deliverables. The overall schedule includes investigation, options, workshop, concepts, and preferred plans, all to be completed within a four week period. This schedule is based on your acceptance of this proposal, receipt of site information, OCTA bus facility development program and plans; and agreement on the milestones identified as follows: • Initial meeting • Investigation and Preliminary Options • Planning Workshop to present preliminary concepts • Preferred Plan SCOPE OF WORK Site Investigation and Preliminary Planning Options The DMJM Design team will meet and/or discuss the project with you to develop an in -depth knowledge of the site and communicate with your team regarding the approach to the project. We understand the overall program goals to include a 2 -story / 42,000 sl/floor City Hall along with the requisite 300 car parking, OCTA bus facility on site and vehicular / bus circulation and access. • J 0 0 • Mr. Homer Bludau Page 2 of 5 4/3/2007 We will review the macro-level building program described within the City Hall Facilities Needs Assessment — Report on Space Requirements dated August 9, 2002 which was prepared by Griffin Advisors. The stated program should correspond to a vision for the property and phasing for future parking and a 1 story 10,000 sf. Civic Auditorium Arts Center. We also wish to engage you in discussions regarding qualitative aspects of the Project and to set goals related to quality of place and connection to adjacent uses. In order to move forward with the work, we also will need to have assumptions, desires, requirements and design criteria established. With the Project criteria defined, we wilt prepare a set of planning options for consideration. The Initial development of those options will consider a number of ideas meant to view the goals of the Project from different perspectives and to examine how well each of these ideas succeeds in terms of overall site, massing and context, as well as unique characteristics. Deliverables will include: • Minutes of Kids Off Meeting • 1 to 2 Preliminary Planning Options including land use site plan, program tabulations and high level site development costs. Planning Workshop With the Preliminary Planning Options prepared, we anticipate conducting a Planning Workshop with your • team to "brainstorm' these concepts. This session would be used both to review and elaborate on each Option. Considerations during the Workshop would include site, building placement, parking issues, egress, access, circulation (including pedestrian, vehicular, bus and service) as well as ideas concerning usage, amenities and future phased development. Verification of the following development concerns will be addressed: • Site suitability for proposed building program • Site access, circulation, vehicular and bus parking work within site configuration • Define and itemize high level site development costs The outcome of this Workshop would be a set of refined directions and considerations for use in developing a Preferred Planning Concept. Deliverables will include: • Minutes and other supporting materials generated during the Workshop Present final Preferred Plans With the outcome from the Planning Workshop, we will develop a Preferred Planning Concept, and will incorporate any comments you may have presented for your final consideration and use. Deliverables will include a final Preferred Plan with: • Land Use Site Plan • Development Program Tabulations • Estimate of major site development costs; i.e. earth removal, grading and quantify schematic retaining wall locations and heights, other site developments such as landscaping and parking • DMJM DESIGN I AECOM 0 Mr. Homer Bludau Page 3 of 5 4/3/2007 FEE PROPOSAL 0 0 We propose to provide our base services for a time and materials excluding estimating services between $25,000 - $30,000 with a not -to- exceed fee of $30,000. We are currently soliciting fee proposals from cost estimating consultants that we have collaborated on within the Orange County area in an effort to provide realistic and current market place development costs for the proposed project and based on similar scope projects anticipate the estimating portion to be between $8,000 - $12,000. DMJM will coordinate and manage the consultant's scope of work and will not mark -up the stated estimator's fee. Principal 20 hrs @ $300 $ 6,000 Project Manager 30 hrs @ $200 $ 6,000 Landscape Planner 20 hrs @ $140 $ 2,800 Designer 120 hrs @ $100 $12,000 Sub -Total 190 hrs $26.800 ODC's (Anticipated) $ 3,200 DMJM Not- to-Exceed Total $30,000 • Estimator (Anticipated) Not- to-Exceed Total $12,000 Material costs will include the following Other Direct Costs (ODC's): transportation to and from the site and our offices, 3 sets of deliverable documents at each stage, long distance communication charges and normal postage In addition, we request reimbursement for expenditures made by us, specifically for the project including, but not limited to: additional document reproduction; computer plotting; photography; shipping, messenger or courier service charges, any sales, or similar taxes; purchase of maps and similar documents; supplies and materials; other similar expenses; and as authorized by you, any professional photography, renderings and scale models, special engineering studies and reports, mock -ups or samples performed by outside vendors. Our proposal does not include any engineering or other consulting services except as specifically identified in this scope. Commencement of Work We will commence work upon receipt of this signed agreement. The above fee and schedule is based on our general understanding and assumptions of the services required for the project Should the scope of work or schedule change, we will provide additional services as agreed to in writing by both parties. Payment We will submit an invoice for payment for fees and reimbursable expenses due us on a monthly basis. Overdue payments, sixty (60) days or more, shall bear interest compounded monthly, at the prevailing rate established at Bank of America on the first day of each succeeding month plus 2% per annum, or the highest legal rate, whichever is less. In addition, we shall be entitled to suspend work until payment in full • including interest is received. In the event that the suspension remains in effect longer than sixty (60) DM)M DESIGN I AECOM u Mr. Homer Bludau Page 4 of 5 4/3/2007 days, we may elect to terminate our Agreement and shall be entitled to payment for all services performed prior to the date of termination plus all expenses incurred as a result of the termination. Termination City of Newport Beach, upon written notice may terminate this agreement. In the event of termination, DMJM shall be compensated for all services performed up to the date of termination Including all reimbursable costs. • DMJM DESIGN I AECOM 0 0 0 Mr. Homer Bludau Page 5 of 5 4/3/2007 Confidentiality Both parties agrees that all information provided by both parties under this Agreement shall be considered confidential, and shall not be reproduced, transmitted, used or disclosed by the receiving party without the providing party's written consent, except as may be necessary for the receiving party to fulfill its obligations; provided that this limitation shall not apply to any information, or portion thereof, which is within the public domain at the time of its disclosure or is required to be disclosed by operation of law. Information Required of City of Newport Beach: We will require the following information in order to begin the work described in this proposal: 1. Site surveys (preferably in AutoCad format) including utilities, topography, metes and bounds information, existing improvements such as buildings, streets, sidewalks, drives, other above grade and underground structures and landscape elements. 2. Geotechnical /Geoseismic information, if available. 3. Existing zoning including use and building envelope information (FAR, setbacks, height restrictions, etc.). • 4. OCTA proposed bus facility development program and plans, N available. If not available, matching the current size and configuration of the current OCTA operation will be used. 5. Any other existing conditions, covenants and restrictions imposed on the property. 6. Existing environmental assessments or information. If you are in agreement with this proposal, please indicate so by signing both copies and return one to us for our records. Sincerely, Agreed To: Kelly L. Olson for Vice President City of Newport Beach DMJM Design Date: Cc: Jose Palacios, Jed Zimmerman, Scott Lelieur DMJM DESIGN I AECOM • Vlt.�of Newport Beach . NO. BA- 07BA -066 •BUDGET AMENDMENT 2006 -07 AMOUNT: $az,aoo.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to approve a professional services agreement with DMJM Design to provide for the investigation of a potential city hall site at the current OCTA Transportation Center site. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 l UE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: Approval: Administrative Services Director Signed: • Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $42,000.00 ` $42,000.00 Date Date Date Description Division Number 7410 City Hall Construction Account Number C2910545 City Hall Expansion Phase 1 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: Administrative Services Director Signed: • Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $42,000.00 ` $42,000.00 Date Date Date