Loading...
HomeMy WebLinkAbout10 - C-3333 Balboa Village Improvement PlanJanuary 9, 2001 CITY COUNCIL AGENDA ITEM NO. to TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA VILLAGE IMPROVEMENT PLAN - CONTRACT NO. 3333, APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RON YEO, FAIA ARCHITECT, INC., RMS ENGINEERING AND DESIGN, INC., AND NUVIS RECOMMENDATIONS: 1. Approve the Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., for design of the Landmark Tower in the amount of $16,800. 2. Approve Professional Services Agreement with RMS Engineering & Design, Inc., for a geotechnical investigation and structural analysis of the Landmark Tower in the amount of $17,400. 3. Approve Professional Services Agreement with NUVIS for additional planning and design tasks in the amount of $16,120. DISCUSSION: On May 23, 2000, the City Council awarded the design for the Balboa Village Improvement Project (Contract No. 3333) to Psomas for a fee of $493,136. This contract provides for streetscape, landscape and utility improvements for the Village area including: • Widening sidewalks in the Village area • Reconstructing curb ramps to ADA standards • Resurfacing of Balboa Boulevard from Adams Street to A Street • Reconfiguring the Balboa Pier parking lot to add parking • Improving pier plaza, and connecting road to the A Street parking lot • Adding landscaping and replacing the irrigation system for Peninsula Park • Providing new pavement for Palm Street, Washington Street, and Main Street between Edgewater and Oceanfront • Providing new pavement for Oceanfront and Bay Avenue between Main Street and Palm Street • Providing a storm drain system for Balboa Boulevard • Replacing the cobrahead lighting with post top luminaries SUBJECT: BALBOA VILLAGE IMPROVEMENT PLAN - CONTRACT NO. 3333, APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RON YEO, FAIA ARCHITECT, INC., RMS ENGINEERING AND DESIGN, INC., AND NUVIS January 9, 2001 Page 2 Following the award of the contract, the City continued planning for the project. New ideas have evolved and new research, planning and design tasks have been added to Psomas' scope of work. These tasks include planning and design for the Balboa Landmark Tower, Peninsula Park, Balboa Pier Plaza, Bay Avenue parking, streetscape patterns, and street trees, design modification to the site plan, underground utilities, and streets. Staff has authorized four contract amendments totaling $121,981 as compensation for the additional work. Psomas total contract amount is now $615,117. New tasks are now proposed for the Landmark Tower and other project elements. To accomplish this new work, Staff recommends approving agreements with three other firms - Ron Yeo, FAIA Architect, Inc., RIMS Engineering & Design, Inc., and NUVIS. Based on the development and approval of concept drawings for a landmark tower at the corner of Balboa Boulevard and Palm Street (see Attachment A), final construction documents are now required. A Professional Services Agreement has been prepared with Ron Yeo, FAIA Architect, Inc., to provide design services for the Landmark Tower including proposing options for materials, colors, details, and preparing architectural plans and specifications including power and lighting. A total of $16,800 is established to cover the cost of these professional services. Funding for this work will be covered with the amount set aside for extra work in Account No. 7023- C5100543 (Balboa Village Plan). A Professional Services Agreement has been prepared with RIMS Engineering & Design, Inc. for a geotechnical investigation and structural analysis and design for the Landmark Tower including proposing material options, developing structural framing and detail options, preparing final construction documents to be included with the architectural plans and specifications. A total of $17,400 is established to cover'the cost of these professional services. Funding for this work will be covered with j the amount set aside for extra work in Account No. 7022- C5100543, and 7023- C5100543 (Balboa Village Plan). I A Professional Services Agreement has been prepared with NUVIS for planning and design tasks including: • preparing construction drawings and specifications for the restroom plaza • reviewing candidates street trees for possible re- designation as the new street tree for Main Street and Balboa Boulevard , • preparing planting and irrigation drawings for the Balboa Landmark Tower area and the Palm Street parking lot • preparing construction documents for low voltage decorative uplighting 'and appropriate outlets for holiday lighting • providing additional product research and preliminary design for proposed metal, wood, synthetic wood, and concrete site furniture, custom concrete seating, 'and amenities SUBJECT: BALBOA VILLAGE IMPROVEMENT PLAN - CONTRACT NO. 3333, APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RON YEO, FAIA ARCHITECT, INC., RMS ENGINEERING AND DESIGN, INC., AND NUVIS January 9, 2001 Page 3 A total of $16,120 is established to cover the cost of these professional services. Funding for this work will be covered under Account No. 7022- C5100376 (Balboa Pier Parking /Main Street Improvements). The Balboa Village project continues to make good progress with a submittal to the Coastal Commission planned for January 2001. Final design for all elements of the project is expected to be completed by June 2001. Respectfully sOi (::i PUB ORKS DEPARTMENT Don Webb, Director By: Robert S ein Special Project Engineer Attachments: Professional Services Agreement - Ron Yeo, FAIA Architect, Inc. Professional Services Agreement - RMS Engineering & Design, Inc. Professional Services Agreement- NUVIS Landmark Tower Elevation PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California 92625 (hereinafter referred to as "Consultant'), 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 proposes to construct a landmark tower located at the northeast comer I of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare drawings and specifications for said landmark tower (hereinafter referred to as "Project') upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Ron Yeo, FAIA. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -11- 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 18th day of December 2000, and shall terminate on the 18th day of December 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Sixteen Thousand Eight Hundred dollars ($16,800). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit "B ". -2- 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of 'this Agreement. 4. STANDARD OF CARE 1 4.1 All of the services shall be performed by Consultant or under Consultants 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 the 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, -3- qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultanfs work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in 52 the work to be performed. City agrees to cooperate with Consultant's services on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ron Yeo, Architect, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. i 8. TIME OF PERFORMANCE I Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. Notice to Proceed Submit Preliminary Design Documents City Review Complete Submit 75% Complete Construction Documents City Review Complete Submit 100% Complete Construction Documents City Approval -5- December 20, 2000 January 19, 2001 January 30, 2001 March 30, 2001 April 19, 2001 May 19, 2001 May 31, 2001 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 0 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers, employees, agents, and shall i include attomeys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during; the i term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be bE filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies that are admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be in a minimum amount of $2 million. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). 10 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or'suit instituted arising out of Consultants operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly; by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. i The sale, assignment, transfer or other disposition of any of the issued land i outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture I or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or M more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant one copy of -10- all existing record information on file at City. Consultant shall be entitled to rely upon' the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant t6this Agreement. 19. 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. All such records shall be I clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to! the i Agreement for a period of three (3) years from the date of final payment under lthis I Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute I i 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 I I I -11- work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 termination of this Agreement by City. Consultant shall indemnify and hold harmless -12- City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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. I All notices, demands, requests or approvals from Consultant to City shall be i addressed to City at: i City of Newport Beach, attention: Lloyd Dalton 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo, FAIA Architect, Inc. ! Attention: Ron Yeo 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644 -8111 Fax (949) 644 -0449 -13- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 28. 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. -14- 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer I or architect in responsible charge of the work. City agrees that Consultant shall ndt be liable for claims, liabilities or losses arising out of, or connected with (a) the modification i or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of i accuracy or readability of CADD data due to inappropriate storage conditions or durotion; or (c) any use by City or anyone authorized by City to use CADD data for additions to this Project, for 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. -15- All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor CONSULTANT 0 Title.: \M is _1\sys \users\pbvAshared\baiboa Wiage\agreementsVon yeo \yeo agreement 120400.doe -16- �s DEC 7 20-1' RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 6448111 FAX: (949) 644 -0,449 SCOPE OF SERVICES TO: Bob Stein, City of Newport Beach DATE: December 5, 2000 FROM Ron Yeo RE: Balboa landmark tower EXHIBT "A" SCOPE OF WORK Architectural design of a 35' high walk through clock tower along with 112 lin. Ft. + of trellis. Construction Budget $180,000 to 200,000 ± PHASE 1— PRELIMINARY ARCHITECTURAL DESIGN CONCEPT Refine the design concept Sketch various options for details Compile various material options Review rough studies w/ City staff (meeting # 1) Prepare a color /material board Based upon the input from staff, and the City's consulting structural engineer (RMS)refine the approved concept and materials to be used with hardline drawings Present concept to City staff (meeting # 2) Present concept to Committee (meeting # 3) $3,800 Develop electrical lighting concepts by Consolidated Eng. 500 Sub total phase 1 $4,300 t PHASE 2- CON,STRUCTIONDOCUMENTS • Based upon the approved concept develop architectural plans & specifications ready for permits and bidding. Coordinate plans with City's Structural, Civil & landscape design consultants (RMS, Psomas, Nuvis) 10,000 • Power & lighting engineering by Consolidated Eng. 2.500 Sub total phase 2 $12,500 Total for phase 1 & 2, $16,800 Fax Memo December 5, 2000 Page 2 Available, but not included Study model, renderings, colored site plan Detailed cost estimates Plumbing engineering, site utilities Meetings beyond those listed Reproduction and delivery costs (provide an allowance of $500) Changes to previously approved plans Tasks furnished by others Site work - hardscape, landscape, street furniture, colored site plan Structural engineering and plans CEQA, Coastal processing Geotechnical report Permits and fees City "boiler plate" division 1 specs & bid forms Reproduction of bid sets PHASE 4 BID & CONSTRUCTION SUPPORT Hourly, or to be negotiated. rip/, RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644 -0449 E HBIT "B" SCHEDULE OF FEES Hourly rates in $ for 2001 PRINCIPAL ARCHITECT 115.00/HR. ASSOCIATE ARCHITECT, STRUCTURAL ENGINEER 100.00 /HR. PROJECT ARCHITECT 80.00/HR. SENIOR DESIGN ARCHITECT 70.00/1-IR. DESIGN ARCHITECT 65.00/HR SENIOR DRAFTSPERSON/DESIGNER 55.00/HR. INTERMEDIATE DRAFTSPERSON/DESIGNER 50.00/11R. APPRENTICE DRAFTSPERSON/DESIGNER 40.00%HR. i PROFESSIONAL ADMINISTRATIVE STAFF 40.00/HR. iI PROFESSIONAL SERVICES AGREEMENT FOR BALBOA LANDMARK TOWER THIS AGREEMENT, entered into this 18th day of December 2000, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and RMS Engineering and Design, Inc., whose address is 537 Newport Center Drive, Suite 294, Newport Beach, California 92660 (hereinafter referred to as "Consultant "), 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 proposes to construct a landmark tower located at the northeast comer of Balboa Boulevard and Palm Street. C. City desires to engage Consultant to prepare a geotechnical investigation and structural drawings and specifications for said landmark tower (hereinafter referred to as "Project ") upon the terms and conditions contained in this Agreement. D. The principal member of Consultant firm for the purpose of Project is Roger Sage, P.E., S.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, has successfully negotiated with Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1 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 18th day of December 2000, and shall terminate on the 18th day of December 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of.this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term ofithis Agreement without prior written approval of City. Consultant's compensation for all Work performed in accordance with this Agreement shall not exceed the total contract price of seventeen thousand, four hundred and 001100 Dollars ($17,400). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. I 3.2 Consultant shall submit monthly progress invoices to City payable by Oty I within thirty (30) days of receipt of invoice, subject to the approval of City and based upon the billing rates as set forth in Exhibit 'B ". -2 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 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 the 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during W the term of this Agreement. 4.2 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultants work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are undenthe 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. I 6. COOPERATION Consultant agrees to work closely and cooperate fully with Citys designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant's services on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Roger Sage, Professional Enginteer, W11 to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. Notice to Proceed December 20, 2000 Submit Preliminary Design Documents January 30, 2001 City Review Complete February 10, 2001 Submit 75% Complete Construction Documents March 30, 2001 City Review Complete April 19, 2001 Submit 100% Complete Construction Documents May 19, 2001 City Approval May 31, 2001 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultants reasonable control. However, in the case of any such -5 delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to I ensure that Project proceeds in a manner consistent with City goals and policies. 1 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of; the i work, activities performed and planned, and any imeetings that have been scheduled or i i L are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions policies, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as _7 described herein. Insurance policies with original endorsements indemnifying Project for ;the following coverages shall be issued by companies that are admitted to do business in,the State of California and assigned Best's A- VI I or better rating: A. Workers compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be iin a minimum amount of $2 million. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or;suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure V 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant K Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document U4 reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this i Agreement, City agrees to provide access to and upon request of Consultant one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City shall provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -10 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date -11 of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in Consultant's work, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of I the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits i such persons from making or participating in making decisions that! will foreseeably financially affect such interest. B. 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 termination i 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in i -12 this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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: City of Newport Beach, attention: Robert Stein 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: RMS Engineering. Attention: Roger Sage, P.E. 537 Newport Center Drive Newport Beach, CA 92660 (949) 721 -0470 Fax (949) 721 -0214 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default -13 and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default,'the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules land regulations enacted or issued by City. 28. 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. i 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kin I d 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 hereon. Any modification ofithis -14 Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 to use CADD data for additions to this Project, for 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 drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and -15 employees against 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney By: Mayor City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb Public Works RMS Engineering & Design . By: Roger M. Sage, P.E. Title: MusersVbMshareftalboa villageXagreementsNans\rms agreement 121500.doc Ir RMS Engineering & Design, Inc. w ol. 11 r .. November 21, 2000 Mr. Bob Stein, P.E. Public Works Department City of Newport Beach 537 Newport Center Drive, 9294 PHONE (949) 721-0470 Newport Beach, CA 92660 FAX (949) 721 -0920 4130 La Jolla Village Dr. PHONE (858) 622 -0200 Suite 10787 La Jolla. CA 92037 FAX (858) 622 -0214 MAIL P. O. Box 8501 Newport Beach, CA 92658 Subject: Structural Engineering Services for Balboa Landmark Tower contract No. C -3333 Dear Bob: The following is our proposal for structural design of the Balboa Landmark Tower. RMS will produce construction documents using AutoCAD14 for drawings, and MS Word for the contract specifications. Our fee estimate including labor and directs costs such as mileage, minor postage, and minor printing, is $ 17,400. This fee includes a soils investigation by our geotechnical sub - consultant, Leighton and Associates. This fee does not include services during construction. This fee does not include reproduction and delivery costs. This fee does not include permit fees. This fee does not include detailed cost estimates. This fee does not include any civil /site work. The geotechnical fee is based on: 1) City providing us with plans for underground utilities, 2) access to the site for drilling during normal working days and daylight hours, 3) Leighton will remove the excess soil cuttings offsite. The fee is based on design of a 35 -feet high walk through clock tower along with 112 t feet of trellis. $1,500 portion of our fee is allocated for development of structural options at preliminary design concept phase (PHASE 1). RM S scope of work, in this phase, will include all necessary interaction with the City and Ron Yeo to come up with a preliminary design that is acceptable to the City. Different schemes with different structural elements /components and materials will be looked at by RMS to satisfy the City and the i architect's needs. This fee is based on development of structural options for the monument with a construction cost of $200,000. (t15 %). Additional schemes and options can be investigated, for a monument with a larger construction cost, with an increase in design fee. Attached, please find our fee schedule. Please call us to discuss this project and answer any questions about our proposal. Very truly yours, Roger M. Sage, P.E., S.E. Principal RMS file RIVIS Engineering Design, co w dal. 11 A Professional Services Technical Services Litigation Support Newport Beach, CA 92660 4130 La Jolla Village Dr. Suite 10787 La Jolla, CA 92037 Fee Schedule -- Effective 1 /l /00 Principal Engineer Senior Engineer Staff Engineer Senior Designer /Drafter Drafter /CAD Operator Technical word Processor Clerical Ltnt tat V RATI:C FAX (949) 721 -0920 PHONE (858) 622 -0200 FAX (858) 622 -0214 $130.00/hour $100.00/hour $90.00/hour $65.00/hour $60.00/hour $45.00/hour $45.00/hour NO. Descri tion Hourlv Rate 1 Support Staff $75 2 Proiect Engineer 120 3 ProiectManager $170 4 Mediation & Conferences 185 5 De osition & Court Appearances $280 Sub - consultant Other Direct Costs Cost + 10% Cost +00% Travel Time Travel time will be charged at regular hourly rates, for actual time involved, plus .315 /mile for mileage. Terms Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past -due amounts. RMS ENGINEERING & DESIGN reserves the right to revise its schedule of charges with changes in practice. DRAFT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of , 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and NUVIS Landscape Architecture and Planning, whose address is 3151 Airway Avenue, Suite J -3, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant "), 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 implement Balboa Village Improvement Plan ( "Project "). C. City desires to engage Consultant to PERFORM THE TASKS LISTED IN Exhibit A, Scope of Work, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Robert Stone and Perry Candoza. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- desires to contract with Consultant under the terms and conditions provided 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 10th day of January 2001, and shall terminate on the 31st day of December 2001, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit 'B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultants compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of sixteen thousand one hundred twenty and no /100 ($16,120). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. -2- 3.2 Consultant shall submit monthly invoices to City payable by City, within thirty (30) days of receipt of invoice subject to the approval of City, and based upon ;the billing rates as set forth in Exhibit B. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with', the terms and conditions of this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will ECIS perform all services in a manner commensurate with the 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultants fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with Citys designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Bob Stein to be its Project Manager. i Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without Citys prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete I i Project on a timely basis as contemplated by this Agreement. -5- B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to INI ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or! are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of i services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on i or to enforce the terms of this Agreement. -7- 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made orl suit instituted arising out of Consultant's operation hereunder. 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; Consultant agrees that in the event of loss due to any of the perils for which iti has agreed to provide comprehensive general and automotive liability insurance, !that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a I waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or 0 any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice -10- and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under ,this Agreement, City agrees to provide access to and upon request of Consultant, provide ;one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department.' Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate i -11- records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -12- 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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, -13- 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: Bob Stein, Project Engineer City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Robert Stone NUVIS 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 -4640 (714) 759 -7311 (714) 754 -7346 (Fax) 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cur: the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- 26.1 City shall have the option, at its sole discretion and without cause', of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to, the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. 29. INTEGRATED CONTRACT i 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 hereon. Any modification of 'this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his %her judgment as a design professional and is supplied for the general guidance of City. Since 5VI Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against 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. -16- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach CONSULTANT Robert Stone F.WSerslpbw\sharedlbalboa v illagelagreementslnuvislagreement .doc -17- BALBOA VILLAGE IMPROVEMENT PLAN EXHIBIT A December 28, 2000 Scope of Work for NUVIS Landscape Architecture and Planning 3151 Airway Avenue, Suite J -3 Costa Mesa, CA 92626 The following tasks shall be performed by NUVIS to support the planning and design for the Balboa Village Improvement Project. Task 1. Based on a concept drawing prepared, by Ron Baers, prepare construction drawings and specifications for the restroom plaza including design for the pavement, landscaping and street furniture. Coordinate with the Ron Yeo, the Public Works Department and General Services. See Attachment B, Task 2a. (Task budget: $3,500.) Task 2. Review the nine candidates street trees for possible re- designation as the new street tree for Main Street and Balboa Boulevard. Prepare a matrix to evaluate each candidate tree. Attend meeting. See Attachment B, Task 2c (Task budget: $1,100) Task 3. Prepare planting and irrigation drawings for the Balboa Landmark Tower area and the Palm Street parking lot. See Attachment B, Task 2d (Task budget: $5,580) Task 4. Prepare construction documents to include low voltage decorative uplighting and appropriate outlets for holiday lighting. (Task budget: $4,440) Task 5. Provide additional product research and preliminary design for proposed metal, wood, synthetic wood, and concrete site furniture, custom concrete seating, and amenities. (Task budget: $1,500) Total Fee: $ 16,120 FAUsers \PBMShared \Balboa Village \Agreements \Nevis \Exhibit A 121900.doe DEC.19.2000 6 :21LAM A&MM61jr p Date: November28,2000 To: N4 GlUfs, PSOMAS 7145416.8883 Bob Stain, City of Newport Beach 9418 -644 -3306 From: Laden Temple, NtIVIS RAZ Pmposalft894ppleiltenGvlSNvCN r� Newpam Now* Balboa vutapImpmveemeats IV C 7 V I S contractAva. SM OVENW89) N0.152 F,1� 1 \� Ia. Paninsulit Park Design ever ment &Construction DoCla„erits 9151 AIRWAY AVEN4 SUITE 141 The following axe professional services being requested of NOVIS that were not a COSTA MESA, CALIFORNIA part of the originally anticipated scope of services or fee, U.S.A. 92426 -4640 F r, 714 . T E 4.7 3 4 6 Refine hardscape paving patterns on Peninsula Park site plan AutoCAD file as PH; 714 . T S 4.2 31 1 received from the City of NewportBeach. City's CAD file Is an interpretation WAN; NUVIS- WONUVIS.NET from Ron Biters' plan of October 10, 2000. After approval of the desired pattern, NUVIS will provide PSOMAs with essential, site specific, and detailedstreet hardscape paving pattern layout inAutoCAD for incorporation into their horizontal control drawings. COSTA MESA, CALIFORNIA SAN RAMON, CALIFORNIA LAS VEGAS, NEVADA CALIFORNIA 1726 N EVAOA 5 96 NUM-Mange Rgv=IJ.12"M A 401CA;IA A p W) N 0 Gmdoza, L slesTempe, and Monday, b Stone, November nd subsequent phone call on Tuesday, November 28, 2000, NOVIS submits the following revised items as additional And I N N O V A T I V E A N D optional services to the original Agreement and Change Orders #L #2, #3, and g4, RESPONS W DESIGN S 0 L U T I 0 N S F O R TOTAL REQUEST FOR CHANGE ORDRR $30,340. o V R E N V i R 0 N M E N T Change Order Requestfor Item #la (see below) $12,600. OPTIONAL Change Order Request for Item #lb (see below) $3,600. OPTIONAL Change Order Request for Item #lc (ace below) $1,600. Change Order Request for Item 02a (see below) $3,500. Change Order Requestfor Item #2b deleted Chimp Order Requestfor Item #2c (see below) $10100. Change Order Request for Item #2d (see below) $6,680. Change Order Request for Initial Item #9 $2,160. Change Order Request for Item #9 each Additional ($1,440.) Broken down as follows: \� Ia. Paninsulit Park Design ever ment &Construction DoCla„erits 9151 AIRWAY AVEN4 SUITE 141 The following axe professional services being requested of NOVIS that were not a COSTA MESA, CALIFORNIA part of the originally anticipated scope of services or fee, U.S.A. 92426 -4640 F r, 714 . T E 4.7 3 4 6 Refine hardscape paving patterns on Peninsula Park site plan AutoCAD file as PH; 714 . T S 4.2 31 1 received from the City of NewportBeach. City's CAD file Is an interpretation WAN; NUVIS- WONUVIS.NET from Ron Biters' plan of October 10, 2000. After approval of the desired pattern, NUVIS will provide PSOMAs with essential, site specific, and detailedstreet hardscape paving pattern layout inAutoCAD for incorporation into their horizontal control drawings. COSTA MESA, CALIFORNIA SAN RAMON, CALIFORNIA LAS VEGAS, NEVADA CALIFORNIA 1726 N EVAOA 5 96 DEC.19.2000 6;22AM N0.152 P.2? Prepare planting (trees, shrubs, and groundcovers) and irrigation construction documents in addition to coordinatlagwith City etas and attending two (2) mes=p as described In AmendmeutNo. 3.1: ibitA, Task ilb. This request is supplemeaW to the original agreement which included tort specifications and large tudirrigaatlon design. The additional compensation is based on the extensive perimeter landscape plantings as portrayed in Ron Baers' conceptual plan as prepared for the October 10, 2000, composite plan (see herewith). Includes apprmtimately 140 hours of drafting and principal design and quality control ovetsighttime broken down In the following manner. Thirty (90) bouts Hadscape Refinement Thirty 00) hours Irrigation Design Eighty (00) hours Planting Design If there are anyadditional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request for Item Ile $12,600. lb. DP in 11LPark sad Pier Plaza •RA'Aed PlAntey ile "amen_ The following are professional services being requested of NUVIS that were not a part of the originally anticipated scope of services or fee. Refine design of raised planters least wade and scalloped searing areas and there interface with hardseaps and lawn areas am interpreted by the City from Ron Baers' plan of October 10, 2000, and provided through an AutoCAD Me (see reduction herewith) from the City of Newport Beexh. Uthisproposal/fee and then design is accepted, NUVIS will provide PSQbW with essential, site specific, and detailed streethardseape pattern layout inAutnCAD far incorporation Into their horizontal control drawings. Includes approx matejy forty (40) hours of drafting and principal design and quality control oversight time. If there are anyadditional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Options! Change 014ar Request for Item Ab $30000. 1c. Pier P pza Wardacape. The following are professional services being requested of NUVIS tbatwers not a part of the originally anticipated scope of services or fee. DEC.19.2000 6:22AM N0.152 P.3/7 ,Q, 2a. Provide hardscape alternative designs to reflect the desired sand & sea pattern for pier plaza to properly coordinate consistaneywith the herdscape paving patterns u have been Accepted for the rest of the village area. After approval of the desired pLuern, NMKIS will provide PSOMAS with essential, site spealfle, and detailed street hardscape paving pattern layoutinAutoCAD for incorporation into their h rizoaW control drawings. Includes approximately twenty (20) hours of drafting and principal design and qualitycoattol oversight time. if there are auyadditioual requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested change,,. Optional Change Order Request for Item Ke 41,800. i that were not a anticipated scope of services or fee. Based on concept drawing preparedbyRon Beers, freppare construction drawings and specification for the restroom plaza tndudiag design for the hardscape, landscaping, and street furniture in addition to coordinating with Ron Too and the Publio Works and General Service& Departments as described in Amendment No. 3 - &WbitA, Task M9. Includes approximately thirty -eight (38) hours of drafting and principal design and quality control oversight time. if there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Cbapge Order Request for Item #2a ¢S,ti00. 2b. Additianai TanelsenpilzgeniigtipetartpADogign _jjaihoa Hoytavard Me + ++ DRUM M 20. �j Itien 1 an A„aning a_nd streetscape O @sj� - gtrset Tree Matrix. , IN The foll owing are professional servieea being requested of NQVIS that war 0 not a part of the originallyauticipated scope of services or fee. Review the nine (9) candidates for possible re- designation as the new street tree for Main Street and Balboa Boulevard and discuss such documentation at a City meeting. Prepare a matrbt to evaluate each candidate tree as described in Amendment No. 2 - BxffibitA, Task #9. DEC.19.2000 6 ;23RM no.152 P.4i7 Includes approximately twelve (12) house of drafting and principal design and quality control oversight time, If there are anyadditional requirements other then those mentioned hereon, the proposed fee will be adjusted to reflect such requested changes. Change Order Request far item 02c $1,100. The following ass professional services being regt part of the originally anticipated scope of services Provide hardsca a designs and site furniturelamenitles including but not limited to benches, mailboxes, newspaper stands, bike racks, litter receptacles, planters, signage, pedestrian level lighting, public art, and banners for the landmark clocktower use to properly coordinate cousistencywlth the hardscape paving patterns as have. been accepted for thereat of the village area. Includes coordinatioulmsetings regarding (1) handicap access ramp andu0tylocatious with PSOMAS and (2) location of columns ou the structure with Roe Yea, PAIR. After approval of the desired pattern, NOt1IS will provide PSOMAS with essential, site speclile, and detailed streethardscape pattern layoutinAuMCAD for incorporation into their horizontal control drawings. Prepare planting and irrigation construction drawings for the Balboa Landmark Tower area and the Palm Street perking lot mediae as described in Amendment No. 9 - i3x 01tA, Task N9. Includes approximately sixty-two (623 hours of drafting and principal design and quality control oversight time broken down in the following manner: Thirty (bi) hours Hardscape Rannament Thirty-two (32) hours Pleating and Irrigation Design if there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to redact such requested changes. Change Order Bequest for Item 02d ;80588. \� S. S to ement of Probable Ca=cflon Cost fa Paninsillo Aa anARier. P. 1 The following are professional services being requested of NtMS thati part of the originally anticipated scope of services or tee, Prepare a statement of probable construction cost for Rau Sears' conceptual plan as prepared far the October 10, 2000, composite plan, as annotated with City's implementation assumptions marked on the plea by Bob Stain Information on proposed site amenities as submitted to NOV)S by Lomelli 4 DEC. 19.2000 6:24AM M0.152 P.Si7 Indudec approximately twenty -four (24) hours for initial takeoff and cost statement preparation drafting, administration, and principal design and quality control oversighttime end abseen (16) hours of same for each additional revision to initial cost statement. If there are any additional requirements other than those mentioned hereon, the proposed fee will be adjusted to re6ectsueb requested changes. Change Order Bequest for Initial item #S $2,160. Change Order Bequest for Item M8 Each AdditloVAL $1.440. Please note thatitwould be our preference to not commence these professional services until written authorization has been received through PSOMAS by NWIS. Please do nothesitate to call me atyour convenience should you used further Clarification or information. a