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HomeMy WebLinkAbout07 - Lifeguard HQ Rehab PSAQ SEW Pp�T CITY OF NEWPORT] BEACH City CouncH Staff Report Agenda Item No. 7 May 22, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRONT: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(a?newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED:.., 0. k� TITLE: Lifeguard Headquarters Rehabilitation —Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group ABSTRACT: Architectural and engineering design services are needed for the Lifeguard Headquarters Rehabilitation Project. Staff requests approval of a professional services agreement to hire a consultant to perform the design work tasks and to prepare the construction documents. RECOMMENDATION: Approve a Professional Services Agreement (PSA) with RRM Design Group of San Clemente, CA for Lifeguard Headquarters Rehabilitation Architectural and Engineering Design Services at a not -to- exceed price of $266,090.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7414- C1002037). The proposed use of the funding is as follows: Vendor Purpose Amount RRM Design Group Architectural and Engineering Design Services $ 266,090.00 Lifeguard Headquarters Rehabilitation — Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group May 22, 2012 Page 2 DISCUSSION: The original portion of the existing lifeguard headquarters was built approximately fifty years ago. A substantial addition was constructed in the late 1980s to accommodate the increased facility needs. Minor alterations were made to the building since the addition. With the numerous operational and maintenance issues that were encountered over the past few years, staff initially envisioned a project where the existing building will be removed and a much smaller observation tower type building would be constructed at Newport Pier and at Balboa Pier. However, given the recently completed building re- roofing and foundation piles tie -down work, a closer examination on the integrity of the existing building along with extensive strategic planning among Public Works and Lifeguard staffs concluded that a complete interior rehabilitation and reconfiguration within its existing footprints would be more functional for lifeguard operations as compared to the more costly two -tower approach in that the rehabilitated building will have a large conference room on the second level that will provide the space needed to train Junior Guards (JG). This arrangement will not only provide a more efficient and centralized JG operation, but will also result in substantial cost savings for not having to rent the long term temporary classroom trailers at Balboa Pier. Other improvements will include a new lobby, a centralized computer and communications room, wet and dry utilities upgrades, new staff restrooms, showers and lockers, more functional and orderly storage, and a slightly deeper garage to accommodate tandem parking to protect vehicles and other equipment from the overnight outdoor harsh weather environment. Staff invited nine firms to submit a Statement of Qualifications (SOQ) for a pre - screen evaluation. Four of the five firms prequalified by staff participated in a mandatory pre - proposal meeting at the headquarters where they were given the opportunity to scope the building as well as to ask the questions they might have. These firms were invited to propose for the design work. All four invited firms proposed. They were Jeff Katz Architecture, LPA, RM Architecture, and RRM Design Group. A Public Works staff team reviewed the received Proposals and discovered that all of the submitters overlooked the need to provide an overview of their building rehabilitation experience. A subsequent request was then sent to these firms requiring them to provide the missing information if they were interested in continuing in the selection process. All four firms supplemented their original Proposals that were re- evaluated by the staff team which determined that RRM Design Group (RRM) is the firm most qualified for the needed design work given its previous experience with the City and other public agencies. Q 11 Lifeguard Headquarters Rehabilitation — Architectural and Engineering Design Services - Approval of Professional Services Agreement with RRM Design Group May 22, 2012 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Publie'WoM Director Attachment: A: Location Map B: Professional Services Agreement I LOCATION MAP LIFEGUARD HEADQUARTERS REHABILITATION CONTRACT NO.4869 03 O 7 L O °° ID PROJECT LOCATION OCEAN FRONT WTM LIFEGUARD HEADQUARTERS AI PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP, A CALIFORNIA CORPORATION FOR LIFEGUARD HEADQUARTERS REHABILITATION PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City "), and, RRM DESIGN GROUP, A CALIFORNIA CORPORATION, ( "Consultant'), whose address is 232 Avenida Fabricante, Suite 112, San Clemente, CA 92672 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to rehabilitate the existing Lifeguard Headquarters. C. City desires to engage Consultant to provide architectural and engineering design services for the Lifeguard Headquarters Rehabilitation Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be David Chacon. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. S 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Sixty -Six Thousand, Ninety Dollars and no /100 ($266,090.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 2 0 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for .Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David Chacon to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Tom Sandefur, Associate Civil Engineer shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law; Consultant shall indemnify, defend and hold harmless City, .its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 4 3 policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 5 a 14.2.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition; Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 6 10 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 7 16. SUBCONTRACTING City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the la modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. P*k !1!1fII:I [a]41]1l1[efy City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 9 13 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Tom Sandefur Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3312 Fax: (949) 644 -3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 10 ILI Attention: David Chacon RRM DESIGN GROUP, A CALIFORNIA CORPORATION 232 Avenida Fabricante, Ste 112 San Clemente, CA 92672 Phone: (949) 361 -7950 Fax: (949) 361 -7955 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non- defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance With all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 11 I S 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 12 El IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S, OFFICE A California municipal corporation Date: IA Date: Aaron C. Harp Nancy Gardner City Attorney 10 Mayor ATTEST: CONSULTANT: RRM DESIGN GROUP, Date: A CALIFORNIA CORPORATION, a California Corporation By: By: Leilani I. Brown Erik Justesen City Clerk President Date: By: John B. Wilbanks Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RRM DESIGN GROUP, A CALIFORNIA CORPORATION Page 13 I� EXHIBIT A U- Scope of Services Below is our proposed scope of services, based on our current understanding of the project needs. TASK 1 PRE - DESIGN Task 1.A Project Kick- Off Meeting and Program Review Key members of the RRM design team will meet with City staff to gather additional project information, establish lines of communication, and refine project schedule. RRM will also conduct a working meeting with key staff members to discuss the program that was indentified in the RFP. A spreadsheet Deliverables: • Project Schedule • Program Listing of Spaces • Meeting Minutes Meetings: One (1) Meeting with City staff Task 1.B Building Audit and As Built Verification RRM and its consultant team will conduit a brief building audit of the existing systems in comparison to the available as -built drawings from the City. RRM will convert the necessary drawings into CAD format to share with the consultant team. The findings of this audit will prove helpful during the design process and enable the Client team as well as the design team to make decisions based on the current systems capacities. Additionally Vista Environmental Consultation will conduct a Hazardous Material Assessment survey. A report will be developed which will include the abatement recommendations and specifications if a need is determined. Any testing and or removal are excluded from this scope of work. Deliverables: • Spreadsheet report of existing building systems • Hazardous Material Assessment • CAD base files Meetings: o One (1) Meeting with City staff to discuss findings Task 1.0 Program Verification and Conceptual Plan Alternatives RRM will prepare a set of component diagrams depicting each space based on the program working meeting in Task I.A. These diagrams will be used to help maintain the various space areas and help guide the overall program to stay within the City's goals. RRM will create two alternative floor plan concepts of each level based on the program that depicts the major furniture / equipment items and building systems. Two interior color schemes will be presented for consideration. A preliminary opinion of cost will accompany the plan for overall project budget discussion. It is anticipated that one round of refinements to the plans to create a preferred alternative and opinion of probable cost will be completed during this task . Deliverables: e (1) One Set of 30x42 conceptual floor plans and conceptual landscape plan. (1) One Opinions of cost; > (1) One Set of 24x36 Material and Color Boards rrmdesigngroup aeming endrommcn¢ peeplc enjoy° City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 35 Iq Scope of Services Meetings: o One (1) meeting with staff to review drawings prior to second community meeting Task 1.D Agency and Department Coordination - Conceptual Phase During the process, under the City's direction, RRM will meet with the various City Departments and Agencies that share jurisdiction and / or have an interest in the project. Under this task RRM will specifically meet with the Coastal Commission regarding this project. Deliverables: e Meeting minutes of agency coordination meetings as deemed necessary Meetings: • One (1) Coastal Commission staff meetings • One (1) City staff meeting to discuss Costal Commission processing Task 1.E City of Newport Beach, Coastal Commission and Environmental Applications /Approvals RRM and its team of consultants will submit applications to the City of Newport Beach, State Lands Commission, Coastal Commission and various agencies for a development plan, coastal permit and CEQA review as determined by the scope of the project. CEQA. Documentation is excluded from this scope of work and is assumed to be provided from the City if necessary. RRM is available to assist the City should the need arise and will negotiate an additional scope in order to provide the additional documentation. Deliverables: e Approved applications for entitlement process for the renovation of the existing Lifeguard Station with minimal footprint expansion Meetings: • Three (3) anticipated public meetings Task 1.F City Council Presentations/ Approval Meetings RRM, with City staff, will prepare a presentation for the approval of the final concept plans as submitted as part of the application process. RRM will create a PowerPoint presentation and associated boards for the presentation to the required approval bodies. It is also anticipated that RRM will be required to present the project to various approval bodies throughout the project. A PowerPoint presentation will be developed for this purpose. Deliverables: • Power Point Presentation • Various exhibits of exhibits already prepared under other tasks Meetings: o Three (3) anticipated public meetings Task 1.G Soils Investigation/ Evaluation This task includes a soils investigation / evaluation for the proposed facility renovator, which includes reconfiguration of building interior to alter work areas and work spaces; design new bathrooms /locker rooms, training area, fitness area, garage /storage area and meeting area; upgrade electrical and HVAC facilities; and refurbish interior and exterior of existing structure. 36 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrmclesisngroup aeoUng enWmnmenb Pcoplc enjoy° �� Scope of Services The geotechnical conditions of the site may be of significance in the design of new structures associated with bathrooms /locker rooms the training, fitness and garage /storage areas, and possibly the meeting area. Structural details had not yet been determined and, therefore, our scope of service is presented on a broad basis pending further details of the renovation work. The purpose of our geotechnical evaluation is to further explore the subsurface conditions, to evaluate the geotechnical engineering properties of the soils, and to provide geotechnical recommendations for design and construction of new structures and associated site improvements required to complete the renovation project. Aspects of the site that may be of primary geotechnical significance include: • Fill placed during prior grading on the site and the relative support characteristics of the fill soils for support of new improvements; • Depth at which groundwater exists; • Potential for liquefaction to occur and effect upon the facility; and • Effect of wave run -up and storm surge on the existing and proposed structures. - Depending.. upon the type ofstructure(s) and relative importance, the field exploration may consist of .a combination of test borings and CPT soundings. The CPT soundings will be beneficial in evaluation of the liquefaction potential due to the continuous record of the subsurface stratigraphy that is obtained from the field test procedure. The test borings will provide physical samples for classification and laboratory testing. Select soils samples will be subject to laboratory testing to evaluate the relevant geotechnical engineering. properties. Our scope of work is proposed to consist of the following tasks: • Review geotechnical reports and geology maps available in our in -house library pertinent to the proposed project site. • Perform subsurface exploration consisting of drilling, logging, and sampling of two (2) exploratory borings, each to a depth of 50 feet below grade. The borings will be extended to the planned depth or auger refusal, whichever is shallower. A member of our technical staff will log each boring. Representative relatively undisturbed and bulk soil samples will be collected at selected depth intervals and transported to our laboratory for testing. The boreholes will be backfilled with soil spoils generated during the drilling process with excess spoils stored in 55- gallon drums for off -site disposal by a subcontractor with whom we will coordinate drum disposal. The existing pavement will be patched where penetrated. • Perform four (4) Cone Penetrometer Test (CPT) soundings, two of which to be paired with test borings to allow comparison of the received soils samples with the interpreted soils conditions as depicted by the CPT data. The CPT soundings will be extended to a depth of 50 feet below grade or terminated at shallower depth where subsurface conditions prohibit further advancement of the CPT probe without damage. • Perform laboratory testing on selected soil samples to determine the in -situ density and moisture content, evaluate the grain size distribution, shear strength, consolidation characteristics of the materials as well as the corrosivity of the soils to Portland cement concrete and metal structures. Perform geotechnical analysis of collected data including: e Characterization of earth materials and groundwater level • Site seismicity, horizontal peak ground acceleration, and CBC seismic design parameters • Evaluation of the potential for liquefaction . as well as other seismic hazards • Evaluation of corrosion potential of concrete and metal in contact with onsite soils • Foundation selection and design parameters, including allowable bearing pressure and estimated settlement • Recommendations for the construction of slab -on -grade floors and other improvements supported on -grade rrmclesigngroup III ceegng envnonmenh people enjoy City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 37 01 Scope of Services • Pavement design based upon Traffic Index (TI) values considered to be reasonable for the development, or a TI desired by the project Civil Engineer • Earthwork and grading recommendations, as warranted, including recommendations for construction observation and testing • Prepare a report presenting our findings, conclusions and recommendations • Review foundation plans for conformance with the geotechnical design . recommendations • Attendance at two project team meetings by the project engineer Identification, handling, and treatment of materials that need to be environmentally addressed are beyond the scope of our geotechnical engineering services. If such materials are encountered, we will notify you immediately, and a proposal for handling of such materials will be submitted, if requested. Our subconsultant, Leighton is prepared to begin our background review and scheduling of field personnel and equipment immediately upon our receipt of your signed authorization to proceed. We assume that you will provide us with access to the site and information regarding the location of underground utilities, and approve our boring locations after they have been marked in the field. As an added precaution, we will notify Underground Service Alert (USA) at least 48 hours before we proceed with our field exploration program. We anticipate that our report will be issued to you within three to four weeks after we complete our field exploration program. Progress briefings and preliminary design recommendations can be provided as the data is developed. The following items are excluded from this task: Collecting and containing (in drums on site) soils /groundwater suspected to be hazardous as well as the proper disposal of such materials • Conducting additional borings, CPT soundings and test trench excavations as part of our exploration program • Review of project plans • Response to comments issued as part of review of our geotechnical report by the local building official or others < Field observation and testing services during construction 1.H Topographic/ Boundary Survey and Mapping This task will include the topographic surveying and mapping the project site that will include the following components: Topographic Surveying and Mapping This task will include fieldwork necessary to generate contours for the project area and planimetric features; including the following detail items: • Contours at one -foot intervals. • Curb, Gutter • Pavers • Planters • Tree • Lights • Fences, walls or other minor structures • Surface evidence of utilities • Face of existing structures 38 City of Newport Beach I Lifeguard Headquarters Rehabilitation Project rrmdtsigngroup III coming endronmeob people enjoy° Scope of Services Deliverables: Digital Topographic Map file in Auto CAD format. 1.1 Water Quality Management Plan Per the RWQCB requirements RRM Design Group will prepare Water Quality Management Plan (WPMP) using. the RWQCB's Template. The WQMP will define project location, site improvements, pervious and impervious areas, drainage patters, discharge point, and proposed Best. Management Practices (BMP's). Deliverobles: Water Quality Management Plan (WQMP) TASK CONSTRUCTION DOCUMENTS Task 2.A 50% Construction Documents and Specifications (Design Development) This task entails the translation of the approved conceptual design into a set of construction documents. The work effort from Task 1 is the basis of design. The primary intent of this phase is to determine the exact size, profile, and character of the building design, and to begin the construction document process. RRM and the Consultant Team will use this very intense phase of the work to pull all of the components together and to make the crucial engineering and material coordination decisions. Client Participation in this phase is important because the decisions made during this phase will have to balance the cost of construction with the usability and maintainability of the buildings. An itemized cost estimate in CSI format will be generated based on the design development drawings. Deliverables: • Building and site improvement design development documents, including preliminary door and window schedules, interior finish schedules, landscape and irrigation plan for updated landscape areas in existing park, roof plans, building sections and building demolition plans. • Outline product specifications with Table of Contents and Part 2, product listing • Product cut sheet binder of selected plumbing, mechanical, and electrical components • Review of draft general requirements (based on City provided front -end documents) • Itemized construction cost estimate. in CSI. format • Design of all engineered systems, including structural design with rough member sizing, rough mechanical layout, rough plumbing layout and fixture schedules, rough electrical design and fixture schedules Meetings: o Three (3) meetings with Project Team to review all design development progress, products, and cost estimate Task 2.B 75% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for .building permit issuance. The plans will incorporate the city comments from the 50% level review. rrmdesigrlgroup crcatlng enWronmcnu people cnloy° City of Newport Beach i Lifeguard Headquarters Rehabilitation Project 39 a3 Scope of Services Deliverobles: • Complete building and on -site improvement construction drawings • Complete landscape and irrigation plans. • Complete technical specifications including Division -1 General Requirements • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) • Construction cost estimate at 75% progress in CSI format Meetings: One (1) Construction Document kick -off meeting with the City staff Task 2.0 90% Construction Documents and Specifications RRM, and our Consultant Team, will prepare Construction Documents and a construction cost estimate. RRM assumes that the project will be designed using the current CBC (IBC), as amended by the City of Newport Beach and other applicable and current local codes. The Construction Documents will include plans, materials and systems specifications and engineering reports and calculations. RRM anticipates submittals at 90% and 100% completion of Construction Documents. The 90% submittal shall include the 75% City review comments and provide for 90% complete set of drawings and reports and will be submitted to the City of Newport Beach Building Department for Plan Check. A detailed cost estimate will be generated at the 90% stage of Construction Documents. Drawings will be submitted to the City, and Building Department for review and Building Department permit plan check. Upon receiving comments from all agencies, RRM and the Consultant Team will respond to review and plan check items, and resubmit for building permit issuance. The plans incorporating City and Building Department comments from the 90% review shall be considered the 100% plan set. Deliverables: • Complete building and on -site improvement construction drawings • Complete landscape and irrigation plans • Complete technical specifications including Division -1 General Requirements • Complete equipment and material cut sheets • Engineering calculations and Title 24 energy documentation (Both mechanical and electrical) • Construction cost estimate at 90% progress in CSI format Meetings: One (1) Construction Document kick -off meeting with the City staff • Two (2) meetings to present 90% and 100% Construction Document packages to the City staff • Additional meetings as required by the City's project manager to update progress of the work (Maximum of one (1) per month) TASK 3 CONSTRUCTION / BID SUPPORT Task 3.A Bid Package Preparation RRM along with its consultants shall prepare the 100% Construction Documents into one bid package. A final engineer's construction estimate (based on a revise 100% cost estimate) will be provided to the City for advertisement to potential bidders. Deliverables: e One bid package and Engineer's construction estimate will be based on the 100% cost estimate for the City's advertisement to bid rrmriesigrigroup craning envlionmenu people enjoy° City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 40 Q4, Scope of Services Task 3.13 Bidding Support FIRM and its team of consultants shall assist the City staff with Bidder Inquires such as request for information, substitution review, contract addenda and attend the pre -bid conference. Deliverables: • Responses to Requests for Information • Addenda preparation Meetings: One (1) Pre -bid meeting Task 3.0 Construction Administration ( Engineering Assistance) RRM and its team of consultants shall provide construction Engineering Assistance support during the construction process. Such responsibilities include attendance at pre - construction meeting, review and approve request for payment and change orders, architect's supplemental instructions, contractor submittals, request for information, observing and advising the City regarding the construction progress and conformance to the contract documents. We will attend regular bi- monthly (every 2 weeks) progress meetings and assist the CM in performing a final walk -thru to determine the date of Substantial Completion and to check conformance of the Work with the requirements of the Contract Documents. This scope of services assumes two (2) site visits will be sufficient for the landscape improvements associated with the park area. One post- irrigation installation and one final walk through will be provided for landscape improvements. Deliverables: • Responses to Requests for Information • Architects supplemental instructions (revise drawings as merited) • Review and approval of Change Orders as requested by City /CM • Review and approval of Contractor shop drawing submittals • Punch List • Prepare "as- built" Drawings from contractor redlines Meetings: • One (1) preconstruction meeting • Up to twelve (12) on -site project meetings /construction observations (Approximately bi- monthly for G months) • Final punch list walk -thru • Up to a maximum of three (3) progress site visits by each sub - consultant as applicable to project milestones in respect to their disciplines rrmdesigngroup aau0ng enNronmenu PeaPlc enloy° City of Newport Beach i Lifeguard Headquarters Rehabilitation Project 41 as Scope of Services Assumptions regarding work to be performed: o Existing water, sewage and electrical utilities have enough capacity for expansion the expansion. • City will provide utility as built plans from City records for areas outside of 20' perimeter from building footprint. • Buildings require conventional spread footing foundation, slab on grade or drilled pier foundation. • The project will bid as one bid package. Exclusions to work being performed: • The following items are exclusions from the scope of work. Should the City determine that these additional services are needed the RRM team will negotiate an amended contract with the City prior to commencement of work: • Marine Engineering is excluded. However if it is determined that any specialty foundations and / or additional pier structure bracing is required, our team will work with the City to determine the extent of this work and amend the contract accordingly. • Site improvements plans, utility, grading/ drainage and demolition plans outside of the 20' perimeter of the building footprint are excluded. • Preparation of separate bid packages and phased construction support are excluded. • Low Voltage and communication system design • Utility upgrade design and documentation. • Side walk/ stairway, parking lot design located 10' outside of the building • Additional Coastal Commission meetings, exhibits, and documentation as a result to any appeal, process. • Additional meetings that are not specifically outlined in this document. • Additional environmental documents, EIR, traffic, noise and hazardous material studies that are not specifically outlined in this document. • Civil Engineering • Site Survey rrmdesif;ngroup III cmming enWonmen4 people enjoy' City of Newport Beach I Lifeguard Headquarters Rehabilitation Project 42 0 EXHIBIT B )) ! , ..� ; {{ P p! \(� - . � 2!! • 2 S ••!!, =l,f, :., ; � © ,•,.1.... ! ........ „ :..,...,..,,. - • = � \ §�\ � : . ...................... 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