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HomeMy WebLinkAboutC-5130 - PSA for Lifeguard Headquarters Rehabilitation(�j AMENDMENT NO. THREE TO I PROFESSIONAL SERVICES AGREEMENT I�J WITH RRM DESIGN GROUP FOR LIFEGUARD HEADQUARTERS REHABILITATION THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 15th day of May 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RRM DESIGN GROUP, a California corporation ("Consultant"), whose address is 232 Avenida Fabricante, Ste 112, San Clemente, CA 92672, and is made with reference to the following: RECITALS A. On May 22, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for architectural and engineering design services for the Lifeguard Headquarters rehabilitation project ("Project'). B. On October 2, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not included in the Agreement, extend the term, increase the total compensation, and update insurance requirements. C. On April 4, 2014, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two') to reflect additional services not included in the Agreement and to increase the total compensation. D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement and increase the total compensation. E. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Three shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Seventy -One Thousand Two Hundred Sixty Dollars and 50/100 ($371,260.50), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Ten Thousand Dollars and 00/100 ($10,000). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RRM Design Group Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5--g-14 By: U" 41 Aaron C. H p City Attorney ATTEST: / Date: 6. c3 i By: Leilani I. brown City Clerk L10 R s % P' CITY OF NEWPORT BEACH, a California municipal corporation Date:�� By: , Dave City Manager CONSULTANT: RRM Design Group, a California corporation Date: By: / Erik P. Jus sen Chief Executiv Officer Dz Senior Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services RRM Design Group Page 3 EXHIBIT A SCOPE OF SERVICES RRM Design Group Page A-1 ADDITIONAL SERVICES AUTHORIZATION No. 3 rrmdesigngroup ill creating environments people enjoy' Client: City of Newport Beach c/o Peter Tauscher Task ID No.: 6A Project: Lifeguard Headquarters Date: March 6. 2014 Work requested by: Peter Tauscher job No.: 1 1 1 1033 Request received by: David Chacbn Date received: February 2014 ❑ Letter ® Email authorization attached ❑ Client authorization required ❑ Included in contract, authorization not required ® Verbal ❑ Hourly ❑ T&M Not to Exceed ®Fixed Fee ❑ Non -chargeable ❑ Other DESCRIPTION OF WORK TO BE PERFORMED The City has requested assistance with the Furniture, Fixtures and Equipment (FFE) selection for the Newport Lifeguard Headquarters project. This task will include the coordination of the FFE items, vendors, and budgets for Deputy Chief Williams and Public Works project Engineer Peter Tauscher. Additional tasks and design work that has stemmed from unforeseen items in the field and or scope that was not included: FF& E Coordination $10,000 RRM and its sub consultant will coordinate the FF&E for each of the rooms in the Lifeguard headquarters building. These services are a separate service from the existing work scope but shall be coordinated in conjunction with the contract items being installed by the current contract. SUBTOTAL =$10,000 Estimated RRM & Subconsultant Additional Service Fees: $10,000 Estimated Reimbursable fees: $(existing budget) Total Estimated Additional Fees $10,000 AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: Sign Print Name, Title Date Tasks Authorized (All tasks authorized unless otherwise noted) COMMUNITY I CIVIC & PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHITECTS i ENGINEERS i LANDSCAPE ARCHITECTS i PLANNERS i SURVEYORS A UAan®CogareEm I Vi.F4M -,. PA .0 I I NO I J "M—k PE�, LSM276 I JM Nrbm, U MU AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR LIFEGUARD HEADQUARTERS REHABILITATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 4th day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RRM DESIGN GROUP, a California corporation ("Consultant"), whose address is 232 Avenida Fabricante, Ste 112, San Clemente, CA 92672, and is made with reference to the following: RECITALS A. On May 22, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for architectural and engineering design services for the Lifeguard Headquarters rehabilitation project ("Project"). B. On October 2, 2013, City and Consultant entered into Amendment No. One to the Agreement to reflect additional services not included in the Agreement, extend the term, increase the total compensation, and update insurance requirements. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement and increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty -One Thousand Two Hundred Sixty Dollars and 501100 ($361,260.50), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Thousand One Hundred Seventy Dollars and 00/100 ($30,170.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RRM Design Group Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 -a5- 1 �1 By: "A�' 0, Aaron C. H&p City Attorney 0 ATTEST: Date: TM r--zp,- Leilani I. Brown City Clerk_ Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: d �\ B y: `fes Rush N. Hill, II Mayor CONSULTANT: RRM Design Group, a California corporation Date: By' Erik P. Jus sen Chief Ex cutive Officer Date: By' Leo Seni r Vice President [END OF SIGNATURES] Exhibit A - Scope of Services RRM Design Group Page 3 EXHIBIT A SCOPE OF SERVICES RRM Design Group Page A-1 ADDITIONAL SERVICES AUTHORIZATION No, 2 Client: City of Newport Beach c/o Peter Tauscher Project: Lifeguard Headquarters Work requested by: Peter auscher Request received by: David Chacon ❑ Letter ❑ Client authorization required ® Verbal ❑ Hourly ❑ T&M Not to Exceed ❑ Other rrrndesigngroupil ereadng environments people enjoy° Task ID No.: SA -B Date: February i 1. 2014 Job No.: 1111033 Date received:lanuary 2014 ® Email authorization attached ❑ Included In contract, authorization not required ®Fixed Fee ❑ Non -chargeable DESCRIPTION OF WORK TO RE PERFORMED The City has elected to Incorporate bid alternatives that required additional structural design and analysis in order to describe the work to be performed by the contractor. Additionally a result of the additional scope and some unforeseen Items discovered a more Intense construction administration effort has been needed to resolve construction Items in an effort to meet the construction schedule. Additional tasks and design work that has stemmed from unforeseen items in the field and or scope that was not included: A. Structural Scone for bid alternative $11,000 RRM and Its subconsultant have designed and documented the bid alternative 3 and some of its related items for construction. S. RRM and its team of consultants will continue its support of the project through construction administration activities as described in the original contract. The duration Intended Is for 14 weeks (February 74, 2014 through May 16, 2014). SUBTOTAL =$39,000 Estimated RRM & Subconsultant Additional Service Fees: $39,000 Unused Budget from existing tasks ($6,000) Estimated Reimbursable fees: $1,170 Total Estimated Additional Fees $30,170 AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: COMMUNITY I CMC & PUBLIC SAFETY I RECREATION 12OUCATiON I URBAN ARCHITECTS i ENOINEERS 14ANCSCAPE ARONRECTS I PLANNERS I SURVEYORS Aoftm (Yqv� 1Ntlm Wngam[1.Addali'CItNe I✓wYMie414ltB8W.leWL41 h9:Nm.lAAAN Newport Beach -lifeguard Head quarters Additional Services Authorization February 11, 2014 Page 2 of 2 Sign Print Name, 71tie rrmdesigngroup Gil creoling onvlrontnentt people enjoy' Date Tasks Authorized MY tasks authorized unless otherwise noted) CITY OF 1 NEWPORT BEACH City Council Staff Report April 8, 2014 Agenda Item No. 7. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer PHONE: (949) 644-3316 TITLE: Lifeguard Headquarters Rehabilitation — Approval of Amendment to the Professional Services Agreement with RRM Design Group C-5130 (CAP12-0008) ABSTRACT: Additional architectural and engineering design services are needed for the Lifeguard Headquarters Rehabilitation Project. Staff requests approval of Amendment No. 2 to the Professional Services Agreement with RRM Design Group to provide the additional design work and construction support services necessary to complete the project. RECOMMENDATION: a) Approve Amendment No. 2 to the Professional Services Agreement with RRM Design Group of San Clemente, California, to provide additional architectural and engineering services for Lifeguard Headquarters Rehabilitation for a not -to -exceed cost of $30,170.00, and authorize the Mayor and City Clerk to execute Amendment No. 2; and b) Approve Budget Amendment No. 14BA-039 appropriating $30,170.00 from the Unappropriated Major Facilities Financing Fund Account to Account No. 7414-C1002037. FUNDING REQUIREMENTS: Upon approval of the budget amendment, sufficient funds will be available in the following account to cover costs authorized by Amendment No. 2 to the Professional Services Agreement with RRM Design Group. RRM Design Group 7414-C1002037 $30,170.00 DISCUSSION: On May 22, 2012, the City entered into a Professional Services Agreement with RRM Design 132 Group to provide architectural and engineering services for Lifeguard Headquarters Rehabilitation project, for a not to exceed amount of $266,090.00. The services provided by RRM Design Group included performing architectural and engineering design, preparing construction documents and providing construction support services. During the plan development and review process, concerns were raised regarding the structural integrity and loading capacity of the existing building. On November 15, 2013, Amendment No. 1 to the Professional Services Agreement was executed for a not to exceed amount of $65,000.50 to provide additional design services not included in the original scope of work and to extend the term of the Agreement to December 31, 2014. Following the structural assessment review, several items were added to the construction contract to address the structural integrity of the existing building. As the existing building has been opened up during the construction phase, additional structural modifications have now been identified as necessary to meet current codes and design elements of the building. Staff recommends approval of Amendment No. 2 to the Professional Services Agreement to prepare plans for the additional structural modifications and provide construction support to address field conditions. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Additional Services Attachment B - Amendment No. 2 to the Professional Services Agreement with RRM Design Group 133 ATTACHMENT A ADDITIONAL SERVICES AUTHORIZATION rrmdesig group III No. 2 creating environments people enjoy Client: City of Newport Beach c/o Peter Tauscher Task ID No.: SA B Project: Lifeguard Headquarters Date: February 11 , 2014 Work requested by: Peter Tauscher Job No.: 1111033 Request received by: David Cl Date received: January 2014 ❑ Letter ® Email authorization attached ❑ Client authorization required ❑ Included in contract, authorization not required ® Verbal ❑ Hourly ❑ T&M Not to Exceed ®Fixed Fee ❑ Non -chargeable ❑ Other DESCRIPTION OF WORK TO BE PERFORMED The City has elected to incorporate bid alternatives that required additional structural design and analysis in order to describe the work to be performed by the contractor. Additionally a result of the additional scope and some unforeseen items discovered a more intense construction administration effort has been needed to resolve construction items in an effort to meet the construction schedule. Additional tasks and design work that has stemmed from unforeseen items in the field and or scope that was not included: A. Structural Scope for bid alternative $11,000 RRM and its subconsultant have designed and documented the bid alternative 3 and some of its related items for construction. B. Construction administration: $28,000 RRM and its team of consultants will continue its support of the project through construction administration activities as described in the original contract. The duration intended is for 14 weeks (February 14, 2014 through May 16, 2014). SUBTOTAL =$39,000 Estimated RRM & Subconsultant Additional Service Fees: $39,000 Unused Budget from existing tasks ($6,000) Estimated Reimbursable fees: $1,170 Total Estimated Additional Fees $30,170 AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: COMMUNITY I CIVIC & PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHITECTS I ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS A Caltlania Caporarion I NMr Mamgam, Art Wi XCl lON I Ja, Vd.l. PE%35595, LSOU76 I gaff Ferber. W #2W 134 Newport Beach -Lifeguard Head Quarters Additional Services Authorization February 11, 2014 Page 2 of 2 Sign Print Name, Title rrmdesigngroup III creating environments people enjoy' Date Tasks Authorized (All tasks authorized unless otherwise noted) 135 ATTACHMENT B AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR LIFEGUARD HEADQUARTERS REHABILITATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 4th day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RRM DESIGN GROUP, a California corporation ("Consultant"), whose address is 232Avenida Fabricante, Ste 112, San Clemente, CA 92672, and is made with reference to the following: RECITALS A. On May 22, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for architectural and engineering design services for the Lifeguard Headquarters rehabilitation project ("Project"). B. On October 2, 2013, City and Consultant entered into Amendment No. One to the Agreement to reflect additional services not included in the Agreement, extend the term, increase the total compensation, and update insurance requirements. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement and increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty -One Thousand Two Hundred Sixty Dollars and 50/100 136 ($361,260.50), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Thousand One Hundred Seventy Dollars and 00/100 ($30,170.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RRM Design Group 137 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: Aaron C. H.6rp Rush N. Hill, II City Attorney Mayor ATTEST: Date: In Leilani I. Brown City Clerk CONSULTANT: RRM Design Group, a California corporation Date: Bv: Erik P. Justesen Chief Executive Officer Date: Bv: Leonard Grant Senior Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services RRM Design Group Page 3 138 EXHIBIT A SCOPE OF SERVICES RRM Design Group Page A-1 139 ADDITIONAL SERVICES AUTHORIZATION No. 2 Client; City of Newport Beach c/o Peter Tauscher Project: Lifeguard Headquarters Work requested by: Peter Tauscher Request received by: David Chac6n ❑ Letter ❑ Client authorization required ® Verbal ❑ Hourly ❑ T&M Not to Exceed ❑ Other rrmdesigngroup creating environments people enjoy" Task ID No.: Date: February 11, 2014 Job No.: 1 1 1 1033 Date received: January 2014 ® Email authorization attached ❑ Included In contract, authorization not required ❑Fixed Fee ❑ Non -chargeable DESCRIPTION OF WORK TO RE PERFORMED The City has elected to Incorporate bid alternatives that required additional structural design and analysis in order to describe the work to be performed by the contractor. Additionally a result of the additional scope and some unforeseen Items discovered a more Intense construction administration effort has been needed to resolve construction Items in an effort to meet the construction schedule. Additional tasks and design work that has stemmed from unforeseen items in the field and or scope that was not included: A. Structural Scone for bid alternative $11,000 RRM and Its subconsultant have designed and documented the bid alternative 3 and some of its related items for construction. B. Construction administration $28,000 RRM and its team of consultants will continue its support of the project through construction administration activities as described in the original contract. The duration intended is for 14 weeks (February 14, 2014 through May 16, 2014). SUBTOTAL =$39,000 Estimated RRM & Subconsultant Additional Service Fees: $39,000 Unused Budget from existing tasks ($6,000) Estimated Reimbursable fees: $1,170 Total Estimated Additional Fees $30.170 AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: COMMUNITY I CIVIC & PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHITECTS I ENGINEERS I LANDSCAPE ARCHTECTS I PLANNERS I SURVEYORS AGV6om'a D4om1%n I VItlm MadvmamAftaING11000 Je WheA,PE40M U9276 IJAIFflbs. MM 140 Newport Beach -Lifeguard Head Quarters Additional Services Authorization February 11, 2014 Page 2 of 2 Sign Name, Title rrm esigngroup ill creating environments people enjoy" Date Tasks Authorized (All tasks authorized unless otherwise noted) 141 ATTACHMENT C City of Newport Beach NO. BA- 14BA-039 BUDGET AMENDMENT 2013-14 AMOUNT: $30,170.00 EFFECT 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 for the transfer from the Facilities Financing Fund to the Lifeguard Facilities Fund and to increase expenditure appropriations for additional architectural and engineering services for the Lifeguard Headquarters Rehabilitation project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 405 3605 ND Facilities Financing Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account 9414 6000 EXPENDITURE APPROPRIATIONS (3603) Description Lifeguard Headquarters NEW - Transfer In Amount Debit Credit $30,170.00 $30,170.00 Automatic Signed: Signed: G✓� i� Adrii in[st�h a Approval: City Manage} Signed: City Council Approval: City Clerk 37 Date `t1vl ILf Date Date 142 Description Division Number 9405 ND Facilities Financing Fund Account Number 9900 Transfer Out $30,170.00 Division Number 7414 Lifeguard Headquarters NEW Account Number C1002037 Lifeguard Headquarters Rehabilitation $30,170.00 Automatic Signed: Signed: G✓� i� Adrii in[st�h a Approval: City Manage} Signed: City Council Approval: City Clerk 37 Date `t1vl ILf Date Date 142 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT 1 WITH RRM DESIGN GROUP FOR v LIFEGUARD HEADQUARTERS REHABILITATION THIS PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 2nd day of October, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and RRM DESIGN GROUP, a California corporation ("Consultant"), whose address is 232 Avenida Fabricante, Ste112, San Clemente, CA 92672, and is made with reference to the following: RECITALS A. On May 22, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for architectural and engineering design services for the Lifeguard Headquarters rehabilitation project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2014, to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Thirty One Thousand Ninety Dollars and 501100 ($331,090.50), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Five Thousand Dollars and 50/100 ($65,000.50). 4. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RRM Design Group Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOREY'S OFFICE Date: 7,0113 By: /- (('r) Aaron C. Harp City Attorney 0W ATTEST: l� Date: /0. • S By: Leilani I. Brown City Clerk 1%:�C)RNO" Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Lo j:i i By: Davi City Manager CONSULTANT: RRM Design Group, a California corporation Date: f�� 2� 13 Senior Vice President [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit C — Insurance Requirements RRM Design Group Page 3 EXHIBIT A SCOPE OF SERVICES RRM Design Group Page A-1 ADDITIONAL SERVICES AUTHORIZATION &1.. 1 Client: City of Newport Beach c/o Peter Tauscher Project: Lifeguard Headquarters Work requested by: Peter Tauscher Request received by: David Chacbn ❑ Letter ❑ Client authorization required ® Verbal ❑ Hourly ❑ T&M Not to Exceed rrmidesigngroup IN creating environments people enjoy' Task ID No.: 4A -C Date: August 24 2413 (revised 9.1 3.12) job No.: 1 1 1 1633 Date received: lune 2413 ® Email authorization attached ❑ Included in contract, authorization not required ®Fixed Fee ❑ Non -chargeable DESCRIPTION OF WORK TO BE PERFORMED RRM and its consultants have been performing work on the Newport Beach Life Guard Headquarters building. An expanded structural analysis has been required due to direction of the program and existing condition of the building. Additionally more work scope has been added to design the extension of the fiber optic cable and conduits to the building as well as a replacement of the emergency generator. Additional tasks and design work that has stemmed from unforeseen items in the field and or scope that was not included: 1. Reconfigured Plan and Expanded Structural Scone $52,380 RRM and its consultants will provide reconfigured plans to reduce the training room as to not trigger the need for fire sprinklers throughout the building as well as coordinate changes to the floor plan due to structural changes. Refer to attached letter from RSSE regarding specific structural scope of work and exclusions. 2. New Emergency Generator: $7,640 RRM and its team of consultants will size and specify a new emergency generator for 24 hour duration. This included the structural foundation, tank size and unit size based on the buildings electrical loads. 3. Fiber Omit: Cable Extension To The Buildina: $12,080 RRM and its team of consultants will provide drawings based on the City's standards for 6 conduits to be pulled from the nearest intersection and extended to the building. These drawings will include the improvements in the right of way, City standards and coordination within the building to the IT Room. See below for the civil scope of work. Supplemental Topographic Survey - Supplemental topographic information will be obtained from the intersection of Balboa Boulevard and 2111 Street to the lifeguard headquarters in sufficient detail to prepare construction documents for the construction of dry utility conduits and pull boxes. Underground utilities will be plotted based on asbuilts provided by the City. COMMUNITY CIVIC &PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHITECTS I ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS ACNP 0pIXeYPt II �F4xw8s5,U=n IJKf .u&8iC Newport Beach -Lifeguard Head Quarters rimdesigngioup IN Additional Services Authorization August 29, 2013 creating environments people enjoy Page 2of2 Deliverable Products: Digital and Paper copy of topographic survey at 1 "=40' scale on 24°x26" plan. Dry Utility Plans - RRM will prepare dry utility plans and details for the construction of conduit and pull boxes for a fiber optic connection from the Balboa Boulevard and 21" Street intersection to the Newport Beach Lifeguard Headquarters on the south side of the Newport Pier. Conduit sizing, length of runs, and pull box details to be provided by the City. Deliverable Products: Dry Utility plans at 1 "=40' scale on 24"x36" plans. Items excluded from contract: • Legal • Fees • Fiber Optic cable design • Tasks not specifically listed above SUBTOTAL =$72,100 Estimated RRM & Subconsultant Additional Service Fees: $72,100 Unused Budget from Task 1.G to be used towards balance ($9,262.50) Estimated Reimbursable fees: $2,163 Total Estimated Additional Fees $65,000.50 AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: Sign Date Print Name, Title Tasks Authorized (All tasks authorized unless otherwise noted) INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented RRM Design Group Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this RRM Design Group Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RRM Design Group Page C-3 CERTIFICATE OF LIABILITY INSURANCE 1101 DATE (MKI DIwYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(sl. PRODUCER )ealey, Renton & Associates 199 S Los Robles Ave Ste 540 'asadena,CA 91101 INSURED RRM Design Group 3765 S. Higuera St., Suite 102 San Luis Obispo, CA 93401 805 543-1794 RRMDESIGN COVERAGES CERTIFICATE NUMBER: 602647168 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUBIR ID POLICY NDMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYVYY _ __ - LIMITS A GENERAL LIABILITY Y Y 38048551,378 /23/2013 N2312014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES Ea occunencej g1,000,000 _., CLAIMS -MAGE OCCUR EXP (Anyone person) $10,000 _MED PERSONAL 8 ADV INJURY $1,000,000 X Contractual Liab GENERAL AGGREGATE $2,000,000- . GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS _COMPIOP AGG 1 $2,000,000 ! $ POLICY X PR0. LOC A LIABILITY Y BA5046L942 /23/2013 /2312014 Ea ace UUMIJ brut bINGUE LIMIT 1,0_00000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY(Pereccident) $ hAMEDMOOILE ALL OWNED F7 SCHEDULED AUTOS AUTOSHIRED AUTOS X AUTOS ED Parr. �Eua an DAMAGE r� — $ aDESCRIPTION X UMBRELLA LMB X OCCUR Y IY CUP7218Y03A /23/2013 /23/2014 EACH OCCURRENCE $5,000000 AGGREGATE $5,000,000 EXCESS UI B 'EA _MADE DED X RETENTION$0 I $ B IC WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VIN ANY PROPMETORIPARTNERIEXECUTIVE Y UB4088T532 130/2013 /30/2014 X WC STATU- OTH- )I R ---— E.L. EACH ACCIDENT $1,000,000 _ E. L. DISEASE - EA EMPLOYEE $1,000000__ OFFICER/MEMBER EXCLUDED' F-1NIA (Mandate" In NHl E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, deambe under OF OPERATIONS below Professional Liability AE7285500 )912013 31912014 $2,000,000 Per Claim $4,000,000 Annl Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACERB 101, Additional Remarks Schedule, if more space is required) 'General Liability excludes claims arising out of the performance of professional Services' "Umbrella policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability." RE: Proj. 1111033, Lifeguard Headquarters Rehabilitation Project -- The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured as respects general and auto liability for claims arising from the operations of the named insured as required per contract or agreement. 'NOTE: Insurance coverage includes primary and non-contributory See Attached... City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADJUDRIZED REPRESENTATIVE Z 19SR-2010 ACORD CORPORATION. All riohts ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RRMDESIGN LOG #: 16-1 ACC>Ra ADDITIONAL REMARKS SCHEDULE Page 1I Of y_ AGENCY NAMED INSURED Dealey, Renton 6 Associates ----- RRM Design Group 3765 S. Higuera St., Suite 102 POLICY NUMBER San Luis Obispo, CA 93401 v 805 543-1794 - CARRIER NAIC CODE EFFECTIVE DATE: J Y THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Drding and waiver of subrogation per the attached endorsements. "`NOTE: SEE CANCELLATION SECTION of Certificate for 30 Day NOC 0 Day for Non -Payment of Premium. TION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6804855L378 COMMERICAL GENERAL LIABILITY ISSUE DATE: 10/2/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 PROJECTILOCATION OF COVERED OPERATIONS: RE: Proj. 1111433, Lifeguard Headquarters Rehabili.tatS.on Project -- Tne City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", '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 ongoing oper- ations; b. In connection with premises owned by or rented to you; or 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 person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. 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 Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. 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, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page I 0 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional 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' for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage' or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal 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 under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" 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. CG D3 82 09 07 Page 2 C 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY #: BA5046L942 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/2/2013 Countersigned By: P4,e .r Named Insured: RRM Design Group Ar Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): RE: Proj . 1111033, Lifeguard Headquarters Rehabilitation Project -- The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Aft, TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: vB4086T532 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 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach RE: Proj. 1117..033, Lifeguard Headquarters 100 Civic Center Drive Rehabilitation Project -- The City of Newport Beach CA 92660 Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers DATE OF ISSUE:10/2/2013 ST ASSIGN: CA 017106 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Right Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 02008 The Travelers Companies, Inc. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/4/13 Dept./Contact Received From: Vladimir 10/4/13 Sent to: Vladimir By: Chris Company/Person required to have certificate: RRM Design Group Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/23/13-9/23/14 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A-: VII or greater): A+;XV C. ADMITTED Company (Must be California Admitted): AM BEST RATING (A-: VII or greater) A+;XV Is Company admitted in California? ® Yes . ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,00412,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must D. include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND E COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City PRIMARY & NON-CONTRIBUTORY WORDING (For Waste its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be HIRED AND NON -OWNED AUTO ONLY: included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ WA ® Yes ❑ No is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/23/13-9/23-14 A. INSURANCE COMPANY: Travelers Indemnity Company of CT 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 - If Employees (Must be $1 M min. Bi & PD and $504,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individuaQ (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® WA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ WA ® Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/30/13-6/30/14 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A+;XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: r � Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 10/4/13 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _• Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP, A CALIFORNIA CORPORATION FOR LIFEGUARD HEADQUARTERS REHABILITATION PROJECT I CJ THIS AGREEMENT FORd Iyt PROFESSIONAL SERVICES ("Agreement') is made and entered into as of this n day of 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal- orporation ("City"), and, RRM DESIGN GROUP, A CALIFORNIA CORPORATION, ("Consultant'), whose address is 232 Avenida Fabricante, Suite 112, San Clemente, CA 92672 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 rehabilitate the existing Lifeguard Headquarters. C. City desires to engage Consultant to provide architectural and engineering design services for the Lifeguard Headquarters Rehabilitation 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 David Chacon. 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 June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 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 3.1 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. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 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 Hundred Sixty -Six Thousand, Ninety Dollars and no/100 ($266,090.00) 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. 4.2 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. 4.3 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: 4.3.1 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 2 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 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. 5. PROJECT MANAGER 5.1 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 David Chacon 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. 5.2 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. Tom Sandefur, Associate Civil Engineer shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 3 7.1.3 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. 9. HOLD HARMLESS 9.1 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. 9.2 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 RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 4 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. 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 14.1 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. 14.2 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 5 14.2.1 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 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 subcontractor's employees. 14.4.1.1 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. 14.4.1.2 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. 14.5 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. 14.6 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. 14.7 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. 14.8 Other Insurance Provisions or Requirements. RR M DESIGN GROUP, A CALIFORNIA CORPORATION Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 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 subcontractors. 14.8.1.2 Enforcement of Agreement 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. 14.8.1.3 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. 14.8.1.4 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. 14.9 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. 14.10 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 7 16. SUBCONTRACTING City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors 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 17.1 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. 17.2 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. 17.3 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 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. 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. 21. 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. P*�!A* IK,IN,[Q4511t10-1 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 9 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. 26. NOTICES 26.1 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: Tom Sandefur Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3312 Fax: (949) 644-3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 10 Attention: David Chacon RRM DESIGN GROUP, A CALIFORNIA CORPORATION 232 Avenida Fabricante, Ste 112 San Clemente, CA 92672 Phone: (949)361-7950 Fax: (949) 361-7955 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be 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.). 28. TERMINATION 28.1 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. 28.2 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. STANDARD PROVISIONS 29.1 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. 29.2 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 11 29.3 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 natureare merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5` M f -Z-- By: Aaron C. Harp City Attorney ltip� ATTEST: � I o26 IIS Date: CITY OF NEWPORT BEACH, A California mynicipal corporation Date: loJ/i �✓ Nancy G Mayor CONSULTANT: RRM DESIGN GROUP, A CALIFORNIA CORPORATION, a California Corporation Date: -4.194 /2 By: Leilani I. Brown Erik ese City Clerk P+es deent Date:- Wulyse .3_ ZD By: j,,eonard Civ" c� Sec kW Sew'or vice presiAe Ki - [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 13 �- Ir .��� Il �J I � � L �r 1, Scope of Services Below is our proposed scope of services, based on our current understanding of the project needs. TASK 1 PRE -DESIGN Task. 1.A Project Kick- Off Meeting and Program Review Key members of the RRM design team will meet with City staff to gather additional project information, establish lines of communication, and refine project schedule. BRM will also conduct a working meeting with key staff members to discuss the program that was indentified in the RFP. A spreadsheet Deliverables: e Project Schedule • Program Listing of Spaces • Meeting Minutes Meetings: One (1) Meeting with City staff Task 1.B Building Audit and As Built Verification BRM and its consultant team will conduit a brief building audit of the existing systems in comparison to the available as -built drawings from the City. RRM will convert the necessary drawings into CAD format to share with the consultant team. The findings of this audit will prove helpful during the design process and enable the Client team as well as the design team to make decisions based on the current systems capacities. Additionally Vista Environmental Consultation will conduct a Hazardous Material Assessment survey. A report will be developed which will include the abatement recommendations and specifications if a need is determined. Any testing and or removal are excluded from this scope of work. Deliverables: e Spreadsheet report of existing building systems • Hazardous Material Assessment • CAD base files Meetings: > One (1) Meeting with City staff to discuss findings Task 1.0 Program Verification and Conceptual Plan Alternatives RRM will prepare a set of component diagrams depicting each space based on the program working meeting in Task 1.A. These diagrams will be used to help maintain the various space areas and help guide the overall program to stay within the City's goals. RRM will create two alternative floor plan concepts of each level based on the program that depicts the major furniture / equipment items and building systems. Two interior color schemes will be presented for consideration. A preliminary opinion of cost will accompany the plan for overall project budget discussion. It is anticipated that one round of refinements to the plans to create a preferred alternative and opinion of probable cost will be completed during this task . Deliverables: > (1) One Set of 30x42 conceptual floor plans and conceptual landscape plan. (1) One Opinions of cost; e (1) One Set of 24x36 Material and Color Boards rrm _w?-ai rngr0up creating enMi Gmnen( people enjoy City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 35 Scope of Services Meetings: One (1) meeting with staff to review drawings prior to second community meeting Task 1.1) Agency and Department Coordination -Conceptual Phase During theprocess, under the City's direction, RRM will meet with the various City Departments and Agencies that share jurisdiction and / or have an interest in the project. Under this task RRM will specifically meet with the Coastal Commission regarding this project. Deliverables: Meeting minutes of agency coordination meetings as deemed necessary Meetings: • One (1) Coastal Commission staff meetings • One (1) City staff meeting to discuss Costal Commission processing Task 1.E City of Newport Beach, Coastal Commission and Environmental Applications /Approvals RRM and its team of consultants will submit applications to the City of Newport Beach, State Lands Commission, Coastal Commission and various agencies for a development plan, coastal permit and CEQA review as determined by the scope of the project. CEQA Documentation is excluded from this scope of work and is assumed to be provided from the City if necessary. RRM is available to assist the City should the need arise and will negotiate an additional scope in order to provide the additional documentation. Deliverables: Approved applications for entitlement process for the renovation of the existing Lifeguard Station with minimal footprint expansion Meetings: Three (3) anticipated public meetings Task 1.E City Council Presentations/ Approval Meetings RRM, with City staff, will prepare a presentation for the approval of the final concept plans as submitted as part of the application process. RRM will create a PowerPoint presentation and associated boards for the presentation to the required approval bodies. It is also anticipated that RRM will be required to present the project to various approval bodies throughout the project. A PowerPoint presentation will be developed for this purpose. Deliverables: • PowerPoint Presentation • Various exhibits of exhibits already prepared under other tasks Meetings: Three (3) anticipated public meetings Task 1.G Soils Investigation/ Evaluation This task includes a soils investigation / evaluation for the proposed facility renovation, which includes reconfiguration of building interior to alter work areas and work spaces; design new bathrooms/locker rooms, training area, fitness area, garage/storage area and meeting area; upgrade electrical and HVAC facilities; and refurbish interior and exterior of existing structure. 36 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrm�t:=<r,group ��� creatlng envir•nmenn people enjoy Scope of Services The geotechnical conditions of the site may be of significance in the design of new structures associated with bathrooms/locker rooms, the training, fitness and garage/storage areas, and possibly the meeting area. Structural details had not yet been determined and, therefore, our scope of service is presented on a broad basis pending further details of the renovation work. The purpose of our geotechnical evaluation is to further explore the subsurface conditions, to evaluate the geotechnical engineering properties of the soils, and to .provide geotechnical recommendations for design and construction of new structures and associated site improvements required to complete the renovation project. Aspects of the site that may be of primary geotechnical significance include: > Fill placed during prior grading on the site and the relative support characteristics of the fill soils for support of new improvements; • Depth at which groundwater exists; o Potential for liquefaction to occur and effect upon the facility; and > Effect of wave run-up and storm surge on the existing and proposed structures. Depending upon the type of structure(s) and relative importance, the field exploration may consist of a combination of test borings, and CPT soundings. The CPT soundings will be beneficial in evaluation of the liquefaction potential due to the continuous record of the subsurface stratigraphy that is obtained from the field test procedure. The test borings will provide physical samples for classification and laboratory testing. Select soils samples will be subject to laboratory testing to evaluate the relevant geotechnical engineering properties. Our scope of work is proposed to consist of the following tasks: o Review geotechnical reports and geology maps available in our in-house library pertinent to the proposed project site. e Perform subsurface exploration consisting of drilling, logging, and sampling of two (2) exploratory borings, each to a depth of 50 feet below grade. The borings will be extended to the planned depth or auger refusal, whichever is shallower. A member of our technical staff will log each boring. Representative relatively undisturbed and bulk soil samples will be collected at selected depth intervals and transported to our laboratory for testing. The boreholes will be backfilled with soil spoils generated during the drilling process with excess spoils stored in 55 -gallon drums for off-site disposal by a subcontractor with whom we will coordinate drum disposal. The existing pavement will be patched where penetrated. a Perform four (4) Cone Penetrometer Test (CPT) soundings, two of which to be paired with test borings to allow comparison of the received soils samples with the interpreted soils conditions as depicted by the CPT data. The CPT soundings will be extended to a depth of 50 feet below grade or terminated at shallower depth where subsurface conditions prohibit further advancement of the CPT probe without damage. Perform laboratory testing on selected soil samples to determine the in-situ density and moisture content, evaluate the grain size distribution, shear strength, consolidation characteristics of the materials as well as the corrosivity of the soils to Portland cement concrete and metal structures. Perform geotechnical analysis of collected data including: • Characterization of earth materials and groundwater level e Site seismicity, horizontal peak ground acceleration, and CBC seismic design parameters • Evaluation of the potential forliquefactionas well as other seismic hazards a Evaluation of corrosion potential of concrete and metal in contact with onsite soils • Foundation selection anddesignparameters, including allowable bearing pressure and estimated settlement o Recommendations for the construction of slab -on -grade floors and other improvements supported on -grade rrmej,,,,signgroup ucating environments people en�ay' City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 37 Scope of Services • Pavement design based upon Traffic Index (TI) values considered to be reasonable for the development, or a TI desired by the project Civil Engineer • Earthwork and grading recommendations, as warranted, including recommendations for construction observation and testing • Prepare a report presenting our findings, conclusions and recommendations • Review foundation plans for conformance with the.. geotechnical design recommendations • Attendance at two project team meetings by the project engineer Identification, handling, and treatment of materials that need to be environmentally addressed are beyond the scope of our geotechnical engineering services. If such materials are encountered, we will notify you immediately, and a proposal for handling of such materials will be submitted, if requested. Our subconsultant, Leighton is prepared to begin our background review and scheduling of field personnel and equipment immediately upon our receipt of your signed authorization to proceed. We assume that you will provide us with access to the site and information regarding the location of underground utilities, and approve our boring locations after they have been marked in the field. As an added precaution, we will notify Underground Service Alert (USA) at least 48 hours before we proceed with our field exploration program. We anticipate that our report will be issued to you within three to four weeks after we complete our field exploration program. Progress briefings and preliminary design recommendations can be provided as the data is developed. The following items are excluded from this task: • Collecting and containing (in drums on site) soils/groundwater suspected to be hazardous as well as the proper disposal of such materials • Conducting additional borings, CPT soundings and test trench excavations as part of our exploration program • Review of project plans • Response to comments issued as part of review of our geotechnical report by the local building official or others • Field observation and testing services during construction 1.H Topographic/ Boundary Survey and Mapping This task will include the topographic surveying and mapping the project site that will include the following components: Topographic Surveying and Mapping This task will include fieldwork necessary to generate contours for the project area and planimetric features; including the following detail items: • Contours at one -foot intervals. • Curb, Gutter • Pavers • Planters • Tree • Lights • Fences, walls or other minor structures • Surface evidence of utilities • Face of existing structures 38 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrm , i,; igroup IN aeaeing envimnmenb people enjoy" Scope of Services Deliverables: Digital Topographic Map file in AutoCAD format. 1.1 Water Quality Management Plan Per the RWQCB requirements RRM Design Group will prepare a Water Quality Management Plan (WPMP) using the RWQCB's Template. The WQMP will define project location, site improvements, pervious and impervious areas, drainage patters, discharge point, and proposed Best Management Practices (BMP's). Deliverables: Water Quality Management Plan (WQMP) TASK 2 CONSTRUCTION DOCUMENTS Task 2.A 50% Construction Documents and Specifications (Design Development) This task entails the translation of the approved conceptual design into a set of construction documents. The work effort from Task 1 is the basis of design. The primary intent of this phase is to determine the exact size, profile, and character of the building design, and to begin the construction document process. RRM and the Consultant Team will use this very intense phase of the work to pull all of the components together and to make the crucial engineering and material coordination decisions. Client Participation in this phase is important because the decisions made during this phase will have to balance the cost of construction with the usability and maintainability of the buildings. An itemized cost estimate in CSI format will be generated based on the design development drawings. Deliverables: • Building and site improvement design development documents, including preliminary door and window schedules, interior finish schedules, landscape and irrigation plan for updated landscape areas in existing park, roof plans, building sections and building demolition plans. • Outline product specifications with Table of Contents and Part 2, product listing e Product cut sheet binder of selected plumbing, mechanical, and electrical components o Review of draft general requirements (based on City provided front-end documents) e Itemized construction cost estimate in CSI format e Design of all engineered systems, including structural design with rough member sizing, rough mechanical layout, rough plumbing layout and fixture schedules, rough electrical design and fixture schedules Meetings: Three (3) meetings with Project Team to review all design development progress, products, and cost estimate Task 2.8 75% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for building permit issuance. The plans will incorporate the city comments from the 50% level review. rrmci: s p,igroup �reaw9 ���o-oome�� a=�n�e e�ioy City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 39 Scope of Services Deliverables: o Complete building and on-site improvement construction drawings e Complete landscape and irrigation plans. • Complete technical specifications including Division -1 General Requirements • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) e Construction cost estimate at 75% progress in CSI format Meetings: o One (1) Construction Document kick-off meeting with the City staff Task 2.0 90% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. RRM anticipates submittals at 90% and 100% completion of Construction Documents. The 90% submittal shall include the 75% City review comments and provide for 90% complete set of drawings and reports and will be submitted to the City of Newport Beach Building Department for Plan Check. A detailed cost estimate will be generated at the 90% stage of Construction Documents. Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for building permit issuance. The plans incorporating City and Building Department comments from the 90% review shall be considered the 100% plan set. Deliverables: • Complete building and on-site improvement construction drawings • Complete landscape and irrigation plans o Complete technical specifications including Division -1 General Requirements a Complete equipment and material cut sheets e Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) • Construction cost estimate at 90% progress in CSI format Meetings: o One (1) Construction Document kick-off meeting with the City staff • Two (2) meetings to present 90% and 100% Construction Document packages to the City staff • Additional meetings as required by the City's project manager to update progress of the work (Maximum of one (1) per month) TASK 3 CONSTRUCTION / BID SUPPORT Task 3.A Bid Package Preparation RRM along with its consultants shall prepare the 100% Construction Documents into one bid package. A final engineer's construction estimate (based on a revise 100% cost estimate) will be provided to the City for advertisement to potential bidders. Deliverables: a One bid package and Engineer's construction estimate will be based on the 100% cost estimate for the City's advertisement to bid rrm:et;ir'Igroup creating endmnments people enjoy` City of Newport Beach I lifeguard Headquarters Rehabilitation Project 40 Scope of Services Task 3.13 Bidding Support RRM and its team of consultants shall assist the City staff with Bidder inquires such as request for information, substitution review, contract addenda and attend the pre-bid conference. Deliverables: • Responses to Requests for Information e Addenda. preparation Meetings: e One (1) Pre-bid meeting Task 3.0 Construction Administration ( Engineering Assistance) RRM and its team of consultants shall provide construction Engineering Assistance support during the construction process. Such responsibilities include attendance at pre -construction meeting, review and approve request for payment and change orders, architect's supplemental instructions, contractor submittals, request for information, observing and advising the City regarding the construction progress and conformance to the contract documents. We will attend regular bi-monthly (every 2 weeks) progress meetings and assist the CM in performing a final walk-thru to determine the date of Substantial Completion and to check conformance of the Work with the requirements of the Contract Documents. This scope of services assumes two (2) site visits will be sufficient for the landscape improvements associated with the park area. One post -irrigation installation and one final walk through will be provided for landscape improvements. Deliverables: • Responses to Requests for Information e Architects supplemental instructions (revise drawings as merited) e Review and approval of Change Orders as requested by City/CM • Review and approval of Contractor shop drawing submittals • Punch List e Prepare "as -built" Drawings from contractor redlines Meetings: o One (1) preconstruction meeting a Up to twelve (12) on-site project meetings/construction observations (Approximately bi-monthly for 6 months) • Final punch list walk-thru • Up to a maximum of three (3) progress site visits by each sub -consultant as applicable to project milestones in respect to their disciplines rrm-rjs§g,f1group ...4 g envimnmen[s people enjoy - City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 41 Scope of Services Assumptions regarding work to be performed: e Existing water, sewage and electrical utilities have enough capacity for expansion the expansion. • City will provide utility as built plans from City records for areas outside of 20' perimeter from building footprint. Buildings require conventional spread footing foundation, slab on grade or drilled pier foundation. The project will bid as one bid package. Exclusions to work being performed`. The following items are exclusions from the scope of work. Should the City determine that these additional services are needed the RRM team will negotiate an amended contract with the City prior to commencement of work: o Marine Engineering is excluded. However if it is determined that any specialty foundations and / or additional pier structure bracing is required, our team will work with the City to determine the extent of this work and amend the contract accordingly. o Site improvements plans, utility, grading/ drainage and demolition plans outside of the 20' perimeter of the building footprint are excluded. • Preparation of separate bid packages and phased construction support are excluded. • Low Voltage and communication system design e Utility upgrade design and documentation. o Side walk/ stairway, parking lot design located 10' outside of the building • Additional Coastal Commission meetings, exhibits, and documentation as a result to any appeal process. • Additional meetings that are not specifically outlined in this document. • Additional environmental documents, EIR, traffic, noise and hazardous material studies that are not specifically outlined in this document. e Civil Engineering • Site Survey rrm4esq rigroup III creating ernfronmenh people enjoy' City of Newport Beach I Lifeguard Headquarters Rehahi Iitation Project 42 / I T z § / �}\ . ! NO �{)mi 13 229TT! 9/! \ FRI. , t\,! `. .......::...... ! . {! �@ - - �rRi--------- ... ........ \ /i \ } \\\\\\\\\)\}}}(/' CERTIFICATE OF LIABILITY INSURANCE DAT 2D 72DYYYY) 6/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 TA NT NAME: I Peters PHONE 2 44- 7 /arc, No1:626 844-3074 (AIEMAIL ADDREss: e r r _ INSURER(S) AFFORDING COVERAGE NAIC q Y INSURER A:Tf V l r Property f A 25674 5804855L373 INSURED RRMDESIGN INSURER B:Tf v I rs Indemnity Co. of C n ecti 25682 INSURER C AmeriQan AutomobileIns. Co. 21849 RRM Design Group 3765 S. Higuera SL, Suite 102 San Luis Obispo, CA 93401 INSURER D:Liberly Insurance derwriters Inc9917 805 543-1794 NSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 148038144 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR MD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYV LIMITS A GENERAL LIABILITY Y Y 5804855L373 /23/2011 /23/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEPREMISESS(RENTED Ea occurrence) $1,000,000 CLAIMS -MADE O OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ POLICY X PRO LOC JFCT B AUTOMOBILE LIABILITY Y BA50461_942 /23/2011 /23/2012 L accident) 1 000,000 BODILY INJURY (Per person) $ XEa ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE (Per accident $ A X UMBRELLA LIAR X OCCUR Y Y CUP7218YO3A /23/2011 /23/2012 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCEBSLIAB CLAIMS -MADE DED X RETENTION $0 1 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N y P80994869 /30/2011 /30/2012 X WC STATU- OCTIR ANY PROPRIETOR/PARTNERIEXECUTIVEE]E.L. OFFICERIMEMBER EXCLUDED? NIA EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under — —— DESCR.IPTIONOFOPERATIONSbelow E. L. DISEASE -POLICY LIMIT $1,000,000 D Professional Liability aEE1966780111 /9/2011 /9/2012 $2,000,000 Per Claim $4,000,000 Annl Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *General Liability excludes claims arising out of the performance of professional services* **Umbrella policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability:** RE: Proj. 1111033, Lifeguard Headquarters Rehabilitation Project -- The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured as respects general and auto liability for claims arising from the operations of the named insured as required per contract or agreement. *NOTE: Insurance coverage includes primary and non-contributory See Attached... City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92658 of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Al-9:1,RIZEDREPREy © 1988-2010 ACORD CORPORATION. All rights ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY Dealey, Renton & Associates POLICY NUMBER CARRIER AGENCY CUSTOMER ID: RRMDESIGN LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED 2RM Design Group 1765 S. Higuera St., Suite 102 'an Luis Obispo, CA 93401 105 543-1794 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 rding and waiver of subrogation per the attached endorsements, see Sections B & C of the GL endorsement (Form #CG D3 82 09 07). OTE: SEE CANCELLATION SECTION of Certificate for 30 Day NOC /10 Day for Non -Payment of Premium. ***NOTE: AM Best's Rating all policies is A/XII or greater. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6804855L378 COMMERICAL GENERAL LIABILITY ISSUE DATE: 6/15/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONALrri 1 (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92656 PROJECT/LOCATION OF COVERED OPERATIONS: RE: Proj. 1.111033, Lifeguard Headquarters Rehabilitation Project -- The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, inwhole 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 ongoing oper- ations; In connection with premises owned by or rented to you; or 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 person or organization has assumed liability in a contract or agreement. CG D3 82 09 07 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. 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 Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. 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, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page i COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional 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' for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury', "property damage" or "personal CG D3 82 09 07 injury' arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the .,contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal 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 under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage' occurs, and the "personal injury' 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. © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 2 POLICY #: BA5046L942 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 6/15/2012 Countersigned By: Named Insured: RRM Design Group Authorized Re resentative SCHEDULE Name of Person(S) or Organ lzatlon(S): RE: Proj . 1111033, Lifeguard Headquarters Rehabilitation Project -- The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph S. Transfer of Right Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 ©2008 The Travelers Companies, Inc. Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured:RRM Design Group Producer: Dealey, Renton & Associates Schedule Person or organization City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92658 Additional Premium % We have the right to recover our payments from any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) P ILu„ — Authorized Representative WC040306 Policy Number WZP80994869 Effective Date 6/15/2012 Job Description RE: Proj. 1111033, Lifeguard Headquarters Rehabilitation Project -- The City of .Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers You roust maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. CERTIFICATE OF INSURANCE CHECKLIST My of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6-20-12 Dept./Contact Received From: Tania Date Completed: 6-25-12 Sent to: Tania By: Joel Company/Person required to have certificate: PRM Design Group Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9-23-11/9-23-12 A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9-23-11/9-23-12 A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6-30-11/6-30-12 A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ❑ N/A ❑ Yes ❑ No H, NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 6-25-] 2 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. 01 9 2 21012 Agenda Item No. 7 May 22, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbaduma-newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED: V TITLE: Lifeguard Headquarters Rehabilitation—Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group ABSTRACT: Architectural and engineering design services are needed for the Lifeguard Headquarters Rehabilitation Project. Staff requests approval of a professional services agreement to hire a consultant to perform the design work tasks and to prepare the construction documents. RECOMMENDATION: Approve a Professional Services Agreement (PSA) with RRM Design Group of San Clemente, CA for Lifeguard Headquarters Rehabilitation Architectural and Engineering Design Services at a not -to -exceed price of $266,090.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7414-C1002037). The proposed use of the funding is as follows: Vendor Purpose Amount RRM Design Group Architectural and Engineering Design Services $ 266,090.00 Lifeguard Headquarters Rehabilitation —Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group May 22, 2012 Page 2 DISCUSSION: The original portion of the existing lifeguard headquarters was built approximately fifty years ago. A substantial addition was constructed in the late 1980s to accommodate the increased facility needs. Minor alterations were made to the building since the addition. With the numerous operational and maintenance issues that were encountered over the past few years, staff initially envisioned a project where the existing building will be removed and a much smaller observation tower type building would be constructed at Newport Pier and at Balboa Pier. However, given the recently completed building re- roofing and foundation piles tie -down work, a closer examination on the integrity of the existing building along with extensive strategic planning among Public Works and Lifeguard staffs concluded that a complete interior rehabilitation and reconfiguration within its existing footprints would be more functional for lifeguard operations as compared to the more costly two -tower approach in that the rehabilitated building will have a large conference room on the second level that will provide the space needed to train Junior Guards (JG). This arrangement will not only provide a more efficient and centralized JG operation, but will also result in substantial cost savings for not having to rent the long term temporary classroom trailers at Balboa Pier. Other improvements will include a new lobby, a centralized computer and communications room, wet and dry utilities upgrades, new staff restrooms, showers and lockers, more functional and orderly storage, and a slightly deeper garage to accommodate tandem parking to protect vehicles and other equipment from the overnight outdoor harsh weather environment. Staff invited nine firms to submit a Statement of Qualifications (SOQ) for a pre-screen evaluation. Four of the five firms prequalified by staff participated in a mandatory pre - proposal meeting at the headquarters where they were given the opportunity to scope the building as well as to ask the questions they might have. These firms were invited to propose for the design work. All four invited firms proposed. They were Jeff Katz Architecture, LPA, RM Architecture, and RRM Design Group. A Public Works staff team reviewed the received Proposals and discovered that all of the submitters overlooked the need to provide an overview of their building rehabilitation experience. A subsequent request was then sent to these firms requiring them to provide the missing information if they were interested in continuing in the selection process. All four firms supplemented their original Proposals that were re-evaluated by the staff team which determined that RRM Design Group (RRM) is the firm most qualified for the needed design work given its previous experience with the City and other public agencies. Lifeguard Headquarters Rehabilitation —Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group May 22, 2012 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachment: A: Location Map B: Professional Services Agreement LOCATION MAP LIFEGUARD HEADQUARTERS REHABILITATION CONTRACT NO.4869 Eli a F O� (%FO O 9 rz O Q PROJECT LOCATION �� OCEAN F RANT W LIFEGUARD HEADQUARTERS PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP, A CALIFORNIA CORPORATION FOR LIFEGUARD HEADQUARTERS REHABILITATION PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this day of 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and, RRM DESIGN GROUP, A CALIFORNIA CORPORATION, ("Consultant'), whose address is 232 Avenida Fabricante, Suite 112, San Clemente, CA 92672 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 rehabilitate the existing Lifeguard Headquarters. C. City desires to engage Consultant to provide architectural and engineering design services for the Lifeguard Headquarters Rehabilitation 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 David Chacon. 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: 110:1!, The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 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 3.1 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. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 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 Hundred Sixty-Six Thousand, Ninety Dollars and no/100 ($266,090.00) 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. 4.2 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. 4.3 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: 4.3.1 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 2 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 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. 5. PROJECT MANAGER 5.1 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 David Chacon 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. 5.2 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. Tom Sandefur, Associate Civil Engineer shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 3 7.1.3 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. 9. HOLD HARMLESS 9.1 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. 9.2 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 RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 4 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. 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. 14.1 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. 14.2 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 5 14.2.1 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 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 subcontractor's employees. 14.4.1.1 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. 14.4.1.2 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. 14.5 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. 14.6 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. 14.7 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. 14.8 Other Insurance Provisions or Requirements. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 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 subcontractors. 14.8.1.2 Enforcement of Agreement 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. 14.8.1.3 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. 14.8.1.4 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. 14.9 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. 14.10 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 7 16. SUBCONTRACTING City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors 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 17.1 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. 17.2 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. 17.3 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 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. 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. 21, 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. 22. 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 9 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. 26. NOTICES 26.1 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: Tom Sandefur Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3312 Fax: (949) 644-3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 10 Attention: David Chacon RRM DESIGN GROUP, A CALIFORNIA CORPORATION 232 Avenida Fabricante, Ste 112 San Clemente, CA 92672 Phone: (949) 361-7950 Fax: (949) 361-7955 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be 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.). 28. TERMINATION 28.1 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. 28.2 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. STANDARD PROVISIONS 29.1 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. 29.2 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. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 11 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'$ OFFICE By: Aaron C. Har City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: RRM DESIGN GROUP, A CALIFORNIA CORPORATION, a California Corporation Date: By: Erik Justesen President By: John B. Wilbanks Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 13 r � d� y% � � I � �-ii - c_ , I� fi7 ��� 1 � i� ��� �� �'�� i- - Scope of Services Below is our proposed scope of services, based on our current understanding of the project needs. TASK 1 PRE -DESIGN Task 1.A Project Kick- Off Meeting and Program Review Key members of the RRM design team will meet with City staff to gather additional project information, establish lines of communication, and refine project schedule. RRM will also conduct a working meeting with key staff members to discuss the program that was indentified in the RFP. A spreadsheet Deliverables: • Project Schedule • Program Listing of Spaces • Meeting Minutes Meetings: • One (1) Meeting with City staff Task 1.B Building Audit and As Built Verification RRM and its consultant team will conduit a brief building audit of the existing systems in comparison to the available as -built drawings from the City. RRM will convert the necessary drawings into CAD format to share with the consultant team. The findings of this audit will prove helpful during the design process and enable the Client team as well as the design team to make decisions based on the current systems capacities. Additionally Vista Environmental Consultation will conduct a Hazardous Material Assessment survey. A report will be developed which will include the abatement recommendations and specifications if a need is determined. Any testing and or removal are excluded from this scope of work. Deliverables: • Spreadsheet report of existing building systems • Hazardous Material Assessment • CAD base files Meetings: • One (1) Meeting with City staff to discuss findings Task 1.0 Program Verification and Conceptual Plan Alternatives RRM will prepare a set of component diagrams depicting each space based on the program working meeting in Task I.A. These diagrams will be used to help maintain the various space areas and help guide the overall program to stay within the City's goals. RRM will create two alternative floor plan concepts of each level based on the program that depicts the major furniture / equipment items and building systems. Two interior color schemes will be presented for consideration. A preliminary opinion of cost will accompany the plan for overall project budget discussion. It is anticipated that one round of refinements to the plans to create a preferred alternative and opinion of probable cost will be completed during this task . Deliverables: • (1) One Set of 30x42 conceptual floor plans and conceptual landscape plan. • (1) One Opinions of cost; • (1) One Set of 24x36 Material and Color Boards rrmdesigr group III creafing environments people ®Iay° City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 35 Scope of Services Meetings: • One (1) meeting with staff to review drawings prior to second community meeting Task 1.D Agency and Department Coordination -Conceptual Phase During the process, under the City's direction, RRM will meet with the various City Departments and Agencies that share jurisdiction and / or have an interest in the project. Under this task RRM will specifically meet with the Coastal Commission regarding this project. Deliverables: • Meeting minutes of agency coordination meetings as deemed necessary Meetings: • One (1) Coastal Commission staff meetings • One (1) City staff meeting to discuss Costal Commission processing Task 1.E City of Newport Beach, Coastal Commission and Environmental Applications /Approvals RRM and its team of consultants will submit applications to the City of Newport Beach, State Lands Commission, Coastal Commission and various agencies for a development plan, coastal permit and CEQA review as determined by the scope of the project. CEQA Documentation is excluded from this scope of work and is assumed to be provided from the City if necessary. RRM is available to assist the City should the need arise and will negotiate an additional scope in order to provide the additional documentation. Deliverables: • Approved applications for entitlement process for the renovation of the existing Lifeguard Station with minimal footprint expansion Meetings: • Three (3) anticipated public meetings Task 1.F City Council Presentations/ Approval Meetings RRM, with City staff, will prepare a presentation for the approval of the final concept plans as submitted as part of the application process. RRM will create a PowerPoint presentation and associated boards for the presentation to the required approval bodies. It is also anticipated that RRM will be required to present the project to various approval bodies throughout the project. A PowerPoint presentation will be developed for this purpose. Deliverables: • Power Point Presentation • Various exhibits of exhibits already prepared under other tasks Meetings: • Three (3) anticipated public meetings Task 1.G Soils Investigation/ Evaluation This task includes a soils investigation / evaluation for the proposed facility renovation, which includes reconfiguration of building interior to alter work areas and work spaces; design new bathrooms/locker rooms, training area, fitness area, garage/storage area and meeting area; upgrade electrical and HVAC facilities; and refurbish interior and exterior of existing structure. 36 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrmdesigi group IN crea4ng enironmen6 people enjoy- Scope of Services The geotechnical conditions of the site may be of significance in the design of new structures associated with bathrooms/locker rooms, the training, fitness and garage/storage areas, and possibly the meeting area. Structural details had not yet been determined and, therefore, our scope of service is presented on a broad basis pending further details of the renovation work. The purpose of ourgeotechnical evaluation is to further explore the subsurface conditions, to evaluate the geotechnical engineering properties of the soils, and to provide geotechnical recommendations for design and construction of new structures and associated site improvements required to complete the renovation project. Aspects of the site that may be of primary geotechnical significance include: • Fill placed during prior grading on the site and the relative support characteristics of the fill soils for support of new improvements; e Depth at which groundwater exists; e Potential for liquefaction to occur and effect upon the facility; and e Effect of wave run-up and storm surge on the existing and proposed structures. Depending upon the type of structure(s) and relative importance, the field exploration may consist of a combination of test borings_ and CPT soundings. The CPT soundings will be beneficial in evaluation of the liquefaction potential due to the continuous record of the subsurface stratigraphy that is obtained from the field test procedure. The test borings will provide physical samples for classification and laboratory testing. Select soils samples will be subject to laboratory testing to evaluate the relevant geotechnical engineering properties. Our scope of work is proposed to consist of the following tasks: e Review geotechnical reports and geology maps available in our in-house library pertinent to the proposed project site. e Perform subsurface exploration consisting of drilling, logging, and sampling of two (2) exploratory borings, each to a depth of 50 feet below grade. The borings will be extended to the planned depth or auger refusal, whichever is shallower. A member of our technical staff will log each boring. Representative relatively undisturbed and bulk soil samples will be collected at selected depth intervals and transported to our laboratory for testing. The boreholes will be backfilled with soil spoils generated during the drilling process with excess spoils stored in 55 -gallon drums for off-site disposal by a subcontractor with whom we will coordinate drum disposal. The existing pavement will be patched where penetrated. p Perform four (4) Cone Penetrometer Test (CPT) soundings, two of which to be paired with test borings to allow comparison of the received soils samples with the interpreted soils conditions as depicted by the CPT data. The CPT soundings will be extended to a depth of 50 feet below grade orterminated at shallower depth where subsurface conditions prohibit further advancement of the CPT probe without damage. Perform laboratory testing on selected soil samples to determine the in-situ density and moisture content, evaluate the grain size distribution, shear strength, consolidation characteristics of the materials as well as the corrosivity of the soils to Portland cement concrete and metal structures. Perform geotechnical analysis of collected data including: o Characterization of earth materials and groundwater level e Site seismicity, horizontal peak ground acceleration, and CBC seismic design parameters e Evaluation of the potential for liquefaction as well as other seismic hazards • Evaluation of corrosion potential of concrete and metal in contact with onsite soils e Foundation selection and design parameters, including allowable bearing pressure and estimated settlement o Recommendations for the construction of slab -on -grade floors and other improvements supported on -grade rrmdesigngroup III e,eaUng enwonmenU people enjoy` City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 37 Scope of Services • Pavement design based upon Traffic Index (TI) values considered to be reasonable for the development, or a TI desired by the project Civil Engineer • Earthwork and grading recommendations, as warranted, including recommendations for construction observation and testing • Prepare a report presenting our findings, conclusions and recommendations • Review foundation plans for conformance with the geotechnical design recommendations • Attendance at two project team meetings by the project engineer Identification, handling, and treatment of materials that need to be environmentally addressed are beyond the scope of our geotechnical engineering services. If such materials are encountered, we will notify you immediately, and a proposal for handling of such materials will be submitted, if requested. Our subconsultant, Leighton is prepared to begin our background review and scheduling of field personnel and equipment immediately upon our receipt of your signed authorization to proceed. We assume that you will provide us with access to the site and information regarding the location of underground utilities, and approve our boring locations after they have been marked in the field. As an added precaution, we will notify Underground Service Alert (USA) at least 48 hours before we proceed with our field exploration program. We anticipate that our report will be issued to you within. three to four weeks after we complete our field exploration program. Progress briefings and preliminary design recommendations can be provided as the data is developed. The following items are excluded from this task: • Collecting and containing (in drums on site) soils/groundwater suspected to be hazardous as well as the proper disposal of such materials • Conducting additional borings, CPT soundings and test trench excavations as part of our exploration program • Review of project plans • Response to comments issued as part of review of our geotechnical report by the local building official or others • Field observation and testing services during construction 1.H Topographic/ Boundary Survey and Mapping - This task will include the topographic surveying and mapping the project site that will include the following components: Topographic Surveying and Mapping This task will include fieldwork necessary to generate contours for the project area and planimetric features; including the following detail items: • Contours at one -foot intervals. • Curb, Gutter • Pavers • Planters • Tree • Lights • Fences, walls or other minor structures • Surface evidence of utilities • Face of existing structures 38 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrmdesigngroup III acting endmnmen6 purple enjoy' Scope of Services Deliverables: • Digital Topographic Map file in AutoCAD format. 1.1 Water Quality Management Plan Per the RWQCB requirements RRM Design Group will prepare a Water Quality Management Plan (WPMP) using the RWQCB's Template. The WQMP will define project location, site improvements, perviousand impervious areas, drainage patters, discharge point, and proposed Best Management Practices (BMP's). Deliverables: • Water Quality Management Plan(WQMP) TASK 2 CONSTRUCTION DOCUMENTS Task 2.A 50% Construction Documents and Specifications (Design Development) This task entails the translation of the approved conceptual design into a set of construction documents. The work effort from Task 1 is the basis of design. The primary intent of this phase is to determine the exact size, profile, and character of the building design, and to begin the construction document process. RRM and the Consultant Team will use this very intense phase of the work to pull all of the components together and to make the crucial engineering and material coordination decisions. Client Participation in this phase is important because the decisions made during this phase will have to balance the cost of construction with the usability and maintainability of the buildings. An itemized cost estimate in CSI format will be generated based on the design development drawings. Deliverables: • Building and site improvement design development documents, including preliminary door and window schedules, interior finish schedules, landscape and irrigation plan for updated landscape areas in existing park, roof plans, building sections and building demolition plans. • Outline product specifications with Table of Contents and Part 2, product listing • Product cut sheet binder of selected plumbing, mechanical, and electrical components • Review of draft general requirements (based on City provided front-end documents) • Itemized construction cost estimate in CSI format • Design of all engineered systems, including structural design with rough member sizing, rough mechanical layout, rough plumbing layout and fixture schedules, rough electrical design and fixture schedules Meetings: • Three (3) meetings with Project Team to review all design development progress, products, and cost estimate Task 2.B 75% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for building permit issuance. The plans will incorporate the city comments from the 50% level review. rrulesigngroup ill creating enviranmenta purple mloy' City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 39 Scope of Services Deliverables: • Complete building and on-site improvement construction drawings • Complete landscape and irrigation plans. • Complete technical. specifications including Division -1 General Requirements • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) • Construction cost estimate at 75% progress in CSI format Meetings: e One (1) Construction Document kick-off meeting with the City staff Task 2.0 90% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. RRM anticipates submittals at 90% and 100% completion of Construction Documents. The 90% submittal shall include the 75% City review comments and provide for 90% complete set of drawings and reports and will be submitted to the City of Newport Beach Building Department for Plan Check. A detailed cost estimate will be generated at the 90% stage of Construction Documents. .Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for building permit issuance. The plans incorporating City and Building Department comments from the 90% review shall be considered the 100% plan set. Deliverables: • Complete building and on-site improvement construction drawings • Complete landscape and irrigation plans • Complete technical specifications including Division -1 General Requirements. • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) • Construction cost estimate at 90% progress in CSI format Meetings: • One (1) Construction Document kick-off meeting with the City staff • Two (2) meetings to present 90% and 100% Construction Document packages to the City staff Additional meetings as required by the City's project managerto update progress of the work (Maximum of one (1) per month) TASK 3 CONSTRUCTION / BID SUPPORT Task 3.A Bid Package Preparation - RRM along with its consultants shall prepare the 100% Construction Documents into one bid package. A final engineer's construction estimate (based on a revise 100% cost estimate) will be provided to the City for advertisement to potential bidders. Deliverables: • One bid package and Engineer's construction estimate will be based on the 100% cost estimate for the City's advertisement to bid rrm _F--signgroup creating ewronmen[ people enjoy City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 40 Scope of Services Task 3.13 Bidding Support RRM and: its team of consultants shall assist the City staff with Bidder inquires such as request for information, substitution review, contract addenda and attend the pre-bid conference. Deliverables: • Responses to Requests for Information • Addenda preparation Meetings: • One (1) Pre-bid meeting Task 3.0 Construction Administration ( Engineering Assistance) RRM and its team of consultants shall provide construction Engineering Assistance support during the construction process. Such responsibilities include attendance at pre -construction meeting, review and approve request for payment and change orders, architect's supplemental instructions, contractor submittals, request for information, observing and advising the City regarding the construction progress and conformance to the contract documents. We will attend regular bi-monthly (every 2 weeks) progress meetings and assist the CM in performing a final walk-thru to determine the date of Substantial Completion and to check conformance of the. Work with the requirements of the Contract Documents. This scope of services assumes two (2) site visits will be sufficient for the landscape improvements associated with the park area. One post -irrigation installation and one final walk through will be provided for landscape improvements. Deliverables: • Responses to Requests for Information • Architects supplemental instructions (revise drawings as merited) • Review and approval of Change Orders as requested by City/CM • Review and approval of Contractor shop drawing submittals • Punch List • Prepare "as -built" Drawings from contractor redlines Meetings: • One (1) preconstruction meeting • Up to twelve (12) on-site project meetings/construction observations (Approximately bi-monthly for 6 months) • Final punch list walk-thru. • Up to a maximum of three (3) progress site visits by each sub -consultant as applicable to project milestones in respect to their disciplines rrmd e ssgrigroup ae Vng e.v!... c•4 p ,TP enl•Ye City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 41 Scope of Services Assumptions regarding work to be performed: • Existing water, sewage and electrical utilities have enough capacity for expansion the expansion. • City will provide utility as built plans from City records for areas outside of 20' perimeter from building footprint. • Buildings require conventional spread footing foundation, slab on grade or drilled pier foundation. • The project will bid as one bid package. Exclusions to work being performed' • The following items are exclusions from the scope of work. Should the City determine that these additional services are needed the RRM team will negotiate an amended contract with the City prior tocommencement of work: • Marine Engineering is excluded. However if it is determined that any specialty foundations and / or additional pier structure bracing is required, our team will work with the City to determine the extent of this work and amend the contract accordingly. • Site improvements plans, utility, grading/ drainage and demolition plans outside of the 20' perimeter of the building footprint are excluded. • Preparation of separate bid packages and phased construction support are excluded. • Low Voltage and communication system design • Utility upgrade design and documentation. • Side walk/ stairway, parking lot design located 10' outside of the building • Additional Coastal Commission meetings, exhibits, and documentation as a result to any appeal process. • Additional meetings that are not specifically outlined in this document. • Additional environmental documents, EIR, traffic, noise and hazardous material studies that are not specifically outlined in this document. • Civil Engineering • Site Survey rrm:ieszgngroup creating environmenu people enl•y° City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 42 I 0 a \(} m a, T 11 gla a I §! !!_,\:_::::::: ! . / ) \\,}}}. mm 000m _.� `A Jf ! \\ } ; - § §\\ }}} \\}}\\}\}!\\\/\