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HomeMy WebLinkAbout11 - Amendment to PSA with Glenn Lukos and EPT Design for Sunset Ridge ParkaEW�Rr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 11 December 10, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer 949 - 644 -3315, atran @newportbeachca.gov APPROVED: TITLE: Amendments to Professional Services Agreements with Glenn Lukos Associates, Inc. and EPT Design, Inc. for Sunset Ridge Park — Contract No. 3449 (CAP09 -0076) ABSTRACT: The City entered into separate Professional Services Agreements (PSA) with both Glenn Lukos Associates, Inc. and EPT Design, Inc. for biological and landscape design services, respectively, for the Sunset Ridge Park project. Additional services are needed to address the special conditions of the Coastal Development Permit (CDP). Pursuant to Council Policy F -14, City Council approval is required in order to process these amendments. RECOMMENDATION: Approve Amendment No. 1 to PSA with Glenn Lukos Associates, Inc. to provide additional biological services related to the Sunset Ridge Park project at a not -to- exceed cost of $232,790 and authorize the Mayor and City Clerk to execute Amendment No. 1. 2. Approve Amendment No. 8 to PSA with EPT Design, Inc. for additional landscape design services as required by the CDP special conditions for the Sunset Ridge Park project at a not -to -exceed cost of $49,830 and authorize the Mayor and City Clerk to execute Amendment No. 8. 1 of 29 Amendments to Professional Services Agreements with Glenn Lukos Associates, Inc. and EPT Design, Inc. for Sunset Ridge Park — Contract No. 3449 (CAP09 -0076) December 10, 2013 Page 2 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for both amendments. A total of $282,620 will be expended from the Sunset Ridge Park project account number 7412 - 05100515. DISCUSSION: The City received the Sunset Ridge Park CDP on November 7, 2013. As part of the CDP special conditions, the City was required to restore a 1.5 -acre site at John Wayne Gulch with Coastal Sage Scrub vegetation. This special condition includes the preparation and implementation of a habitat restoration plan which involves monitoring and maintaining the site for a period of five (5) years. In addition, as part of the Notice of Violation (NOV) issued by the California Coastal Commission on April 19, 2011, the City is also required to restore a 0.48 -acre site at John Wayne Gulch and a 0.62 -acre area known as the Southeast Polygon at the Sunset Ridge Park site. The City entered into a PSA with Glenn Lukos Associates, Inc. on May 1, 2012 to address the requirements of the NOV. Monitoring and maintenance efforts are currently on -going at the 0.48 -acre site. Due to the firm's unique familiarity of the habitat restoration requirements, staff recommends approving Amendment No. 1 with Glenn Lukos Associates, Inc. to provide additional habitat restoration services as required by the CDP special conditions at a not -to- exceed cost of $232,790. The construction plans, specifications and cost estimate were at the final draft stages when the CDP application was submitted. These final draft construction documents required additional revisions as a result of the permit special conditions. The most significant revisions pertain to the landscape and irrigation design. A majority of the originally proposed plant palette has been revised to reflect a California native plant palette of the Coastal Sage Scrub community. The landscape architect, EPT Design, Inc., exhausted a portion of their design and construction support budget to incorporate these revisions. Staff recommends approving Amendment No. 8 with EPT Design, Inc. to replenish this budget at a not -to- exceed cost of $49,830. ENVIRONMENTAL REVIEW: The Final Environmental Impact Report for the Sunset Ridge Park project was certified by City Council on March 10, 2010. 2 of 29 Amendments to Professional Services Agreements with Glenn Lukos Associates, Inc. and EPT Design, Inc. for Sunset Ridge Park — Contract No. 3449 (CAP09 -0076) December 10, 2013 Page 3 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: vid ebb Public Works Director Attachments: A. Location Map B. Amendment No. 1 with Glenn Lukos Associates, Inc. C. Amendment No. 8 with EPT Design, Inc. D. John Wayne Gulch Location Map 3 of 29 m � iii T� _TTn T ` \ 1-,-74( 410- Attachment A PROJECT LOCATION m �f TTT TT TTT7 /77 i-m F� SUNSET RIDGE PARK LOCATION MAP �i I L. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3449 I 12/10/2013 4 of 29 Attachment B AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH GLENN LUKOS ASSOCIATES, INC. FOR JOHN WAYNE GULCH THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 11th day of December, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and GLENN LUKOS ASSOCIATES, INC., a California corporation ( "Consultant'), whose address is 29 Orchard, Lake Forest, California 92630, and is made with reference to the following: RECITALS A. On May 1, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement') to provide mitigation implementation support services for the John Wayne Gulch ('Project'). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2019, to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on May 1, 2012, and shall terminate on December 31, 2019, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated November 15, 2013, attached hereto as Exhibit A and incorporated herein by reference ( "Services' or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ( "Services" or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B." 5 of 29 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Six Thousand Two Hundred Eighty Dollars and 001100 ($306,280.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Thirty Two Thousand Seven Hundred Ninety Dollars and 001100 ($232,790.00). 4. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Glenn Lukos Associates, Inc. Page 2 6 of 29 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT NE r OFFICE Date: l By: �dUW�{V Aa on C. Harp City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: Glenn Lukos Associates, Inc., a California corporation Date: By: Glenn Lukos Chief Executive Officer Date: By: Judith Lukos Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Glenn Lukos Associates, Inc. Page 3 7 of 29 EXHIBIT SCOPE OF SERVICES Glenn Lukos Associates, Inc. T Page A -1 8 of 29 GLEAN LUKOS ASSOCIATES Regulatory Services October 29, 2012 [Revised November 15, 2013] Mr. Michael Sinacori Assistant City Engineer City of Newport Beach Public Works P.O. BoK 1768 Newport Beach, California 92658 -8915 SUBJECT: Revised Request for Additional Authorization to Provide Habitat Mitigation Support Services Pertaining to 1.5 -Acre Habitat Restoration Site Located at John Wayne Gulch Including 0.62 -Acre Restoration and Maintenance at the Southeast Polygon Associated with Sunset Ridge Park, Newport Beach, California Dear Mr. Sinacori: Glenn Lukos Associates, Inc. (GLA) is requesting additional authorization to assist the City of Newport Beach (City /Client) in mitigation planning, implementation, and monitoring associated with the Sunset Ridge Park Project (Project) located in the City of Newport Beach, Orange County, California. The mitigation is required pursuant to Special Condition 17 of the Notice of Intent to Issue Permit (reference number 5 -11 -302) from the California Coastal Commission (CCC) associated with the development of the Project. Pursuant to the referenced Notice of Intent, the City is required to prepare and implement a plan to restore 1.5 acres of coastal sage scrub habitat in the City of Newport Beach, Orange County, California. This revised request for authorization includes tasks pertaining to selection of a suitable site (already completed), preparation of a restoration plan (already completed), installation, performance of a five -year maintenance and monitoring progran, and submittal of annual reports to the CCC for five yeas after planting. Per the City's request, GLA has already walked the site with LCG Landscape (Landscape Contractor /Subcontractor) and elicited cost estimates to conduct the necessary work. This revised proposal contains the implementation and five -year maintenance cost calculated for the 1.5 -acre proposed mitigation site provided by LCG Landscape. In addition, included herein is an estimated budget of $50,000 to be allocated for future in igation/plant installation and five -year maintenance of the 0.62 -acre Southeast Polygon as 29 Orchard ® Lake Forest to California 92630 -8300 Telephone: (949) 837 -0404 Facsimile: (949) 837 -5834 9 of 29 Michael Sinacori City ,of NewportBeach October 29, 2612 [Revised November 1.5, 2013] Page 2. outlined in the Restoration. Plan Pursuant to Consent Cease and Desist Order CCC -1I -CD -03 and Consent Restoration Order CCC- II -RO -02 for Newport Banning Ranch and Sunset Ridge Park Properties, dated July .l 1., 201 l (Restoration Plan). Installation in the Southeast.Polygon is expected to occur within 19 months from the date of this revised proposal, and exact pricing will be determined based on sub - contractor bids. GLA's proposed scope of work is set forth in detail below along with the proposed fees. COST The proposed fee for performance of Tasks I through VII as .presented in the attached. scope of work is $232,790 including Subcontractor costs and other direct costs, but not including meetings or other tasks not specifically addressed..in the scope of work. Supplementary services beyond the limits of this scope of work, if heeded, are available from GI.A on.a time -and- materials basis. If major changes in the scope of work required, flle Client will he notified at the earliest possible time. The following assumptions are incorporated into the proposed fee: 1. An unobstructed water source will be provided bythe Client for irrigation at each point of connection (POC) within I j000 linear feet of mitigation irrigation systems with a minimum of 50 pounds- per - square inch (PSI) at each POC. 2. Points of connection for irrigation water, water pressure; and electricity suitable for use in the irrigation system will be available at the 1.5- acre site and the Southeast Polygon. 3. Water meter, water fees, and electricity costs are to be paid by the Client. 4. The Client will assume all remed ation.costs related to trash dumping, vandalisnr and Acts of God. 5. No surveying, grading, and fencing of mitigation site boundaries will be conductcd. 6. This revised proposal is based upon billing rates as of the date of this proposal. If the work described herein is not authorized. within 60 days of the date of this proposal, the cost estimate may have to be revised to reflect new Subcontractor estimates and revised billing rates. This revised proposal includes Subcontractor costs associated with plant installation and five -year maintenance at both John Wayne Gulch and Southeast Polygon sites mad five -year monitoring only at the John Wayne Gulch site. Container plant costs are to be paid by the Subcontractor. 10 of 29 Michael Sinacori City of Newport Beach October 29, 2012 [Revised November 15, 2013] Page 3 SCHEDULE Work will begin within two weeks following receipt of a fully executed contract. Should you have any questions regarding this revised proposal, please feel free to contact me at (949) 837 -0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. Dominique Brunel for Glenn C. Lukos President s:0560- 19c.pro.doe SA/T13 Enclosure 11 of 29 SCOPE OF WORK MITIGATION IMPLEMENTATION SUPPORT SERVICES FOR SUNSET RIDGE PARK NEWPORT BEACH, CALIFORNIA TASK I. GENERAL PROJECT COORDINATION GLA will coordinate all mitigation- related activities with the City from the inception of the Project throughout the five -year mitigation period to ensure that permit conditions are satisfied and any potential problems are made known to the City and resolved at the earliest possible opportunity. GLA will coordinate with the City and the California Coastal Commission (CCC) to ensure that the Project is implemented consistent with conditions of approval set forth by the CCC. TASK II. CONDUCT INITIAL SITE ASSESSMENT [Completed] GLA conducted an initial assessment of potential. restoration areas within John Wayne Gulch and prepared a graphic indicating available acreage for potential restoration, After the identification of a suitable restoration area, GLA conducted an onsite meeting with Matt Ymko of the California Coastal Commission (CCC) to ensure consistency between the City's proposed restoration areas and areas to be restored by the Coastal Commission's volunteer crews. GLA conducted an additional site visit at potential coastal sage scrub restoration areas within John Wayne Gulch with. LCG Landscape, (Landscape Contractor) to obtain a cost estimate for the implementation of restoration work in the proposed Sunset Ridge Park Restoration Site. GLA demarcated the 1.5 -acre restoration area in the field using flagging, and documented using a global positioning system. (GPS). TASK III. PREPARE RESTORATION PLAN [Completed] GLA will prepare a conceptual habitat mitigation and monitoring plan (HMMP) consistent with the conditions of approval provided by the CCC. After review and. approval by the City, GLA will submit the plan to the CCC for approval and comment. Upon receipt of continents from the CCC, GLA will make the appropriate changes and prepare a final HMNIP, which will serve as the guiding document for the implementation of the restoration and monitoring activities, and will outline the final success criteria for the mitigation site. 12 of 29 TASK IV. PREPARE FOR MITIGATION INSTALLATION GLA will prepare a Planting Plan that will depict the locations of all habitat restoration, creation and /or enhancement sites. The Planting Plan will be at a minimum 40- scale. The Planting Plan Details will include plant palettes indicating sizes, quantities, and species of the container stock and the rate and species of the seed material to be utilized at the project site. GLA will coordinate with a, native plant nursery and Landscape Contractor regarding plant material from local sources and enter into a contract with the nursery, and order plants in advance of anticipated plant installation. GLA will conduct a single nursery inspection of all container stock to ensure plant health and confirm availability of sufficient quantities. GLA will coordinate delivery of plant materials with the native plant nursery and Landscape Contractor. TASK V. INSTALL MITIGATION GLA will review the planting and irrigation plans during one site visit with the Landscape Contractor to assure understanding of the mitigation plan and conditions of approval. GLA will . coordinate with the Landscape Contractor and Client regarding staging, site preparation, and installation. GLA shall review grubbing and clearing operations within the mitigation site and oversee the removal of exotic pest plants. GLA will coordinate scheduling of herbicide applications for the weed eradication program with Landscape Contractor and Client. At the completion of site preparation, GLA sball coordinate with Landscape Contractor to verify that all planting areas have been properly prepared.. GLA shall inspect the irrigation system installation and check for adequate coverage prior to plarrt installation. GLA will indicate approval to Landscape Contractor in writing before planting or seeding operations may commence. GLA will identify plant locations in the field with 21 -inch pin bags. The flags will be color coded as to species, as necessary. GLA will provide Landscape Contractor a list of plant species with their appropriate color code prior to plant installation. Alternatively, GLA will assist in the actual placement of container plants in the designated 'installation locations. GLA will supervise the installation of the container stock and will be present on -site during planting to ensure suitable planting methods are utilized. GLA will review the entire planting area to verify completion of landscape work, and advise the City and Landscape Contractor of any deficiencies requiring rem.ediation. At the satisfactory 13 of 29 completion of plant installation, GLA will. notify Landscape Contractor in writing of the acceptance of the Work and the commencement of the five -year maintenance period. After initial planting, GLA will record species, quantities, and locations of all plantings. At this time, GLA will also record any significant problems encountered during planting, or any deviation from the Planting Plan. 'CASK. VI. CONDUCT POST-INSTALLATION MONITOR6NO After initial planting, GLA will conduct qualitative site monitoring of the mitigation site on a monthly basis for the first 18 months, and quarterly thereafter, to document any problems with plants, seed germination, irrigation, erosion, vandalism, weed. invasion, etc. that might adversely affect the success of the mitigation. Notes on wildlife use will be included (i.e., direct observations of nests, animals, and/or other related evidence observed during site visits). During the first 18 months, GLA will meet monthly with the Landscape Contractor to advise on maintenance procedures, and quarterly thereafter. GLA will prepare memos to the Client to report any problems and docrmrent observations of the site visit for the first annual monitoring report. GLA will perform the first -year annual monitoring effort following the first growing season after plant installation. At this time GLA will conduct a census of all container stock in order to determine the amount of mortality and whether replanting may be necessary to sustain the intended vegetative composition consistent with the Restoration Plan. GLA will provide the Landscape Contractor with a list of replacement plant species to be installed between November and March. The replacement plants will be of the same species, spacing, and size as specified for plants being replaced. GLA will also perform the first through fifth annual monitoring surveys using the one - meter quadrat method. As outlined in the Restoration Plan, one -meter quadrats will be placed randomly throughout the restoration and reference sites. Placetnent of quadrats will be determined using random numbers tables to provide two coordinates: one that indicates the distance along a longitudinal centerline bisecting each polygon, and one that determines the distance fiom the line. Plots will be placed on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover will be visually estimated within the quadrat for each species present and recorded on. a data sheet. Any species present during the sampling that does not fall within a quadrat will be recorded and included on the list of species for the restoration site. At least 30 replicates per acre will be initially sampled. Sample variance from data collection in years one through. three will be used to determine if 30 samples per acre is adequate. Adjustment will be made to the number of samples, as necessary. GLA will prepare annual monitoring reports summarizing performance of the restoration project based on the quantitative data from quadrats and qualitative observations over each year and 14 of 29 recommend steps to be taken to ensure. that performance criteria will be achieved for each year. After review and approval by the Client, each year's annual monitoring report will be. transmitted.to the California Coastal Commission, hy.Decermber 31" of the inonitoting:year. TASK VII. INS'T'ALLATION AND FIVE -YEAR MAINTENANCE AT THE SOUTHEAST POLYGON This task included an estimated budget of $50,000 allocateclfor future installation of irrigation, container plants and hydroseed, as well as five -year maintenance of the 0.62-acre. Southeast Polygon. Installation in the. Southeast Polygon is expected to occur within 18 months from the date of this proposal, and exact.pri.cing will be deteruinedbased on sub- contractor'b. ids to be:requested prior to implementation. Bids will be elicited from at least three local subcontractors who specialize in restoration of native plant communities in the region.. 15 of 29 EXHIBIT B SCHEDULE OF BILLING RATES Glenn Lukos Associates, Inc. Page B -1 16 of 29 DIRECT EXPENSES GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but not limited to, necessary transportation costs including mileage by automobile at the cunent rate allowed by IRS, meals and lodging, laboratory tests and analyses, .retention aid management of technical consultants, priming, and binding charges. Reimbursement for these expenses shall be on die basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense and Subcontractor charges (this administrative fee has already been included in the cost estimate provided in this proposal). The table below has been developed to aid us in. estimating the total cost of the proposed work and is provided for your information only. Unless otherwise arranged with the Client, the cost of each task is not meant to be precise and we may find it necessary to shift costs between tasks as the work proceeds. TASK TOTAL COSTS Project Coordination $8,460 Conduct Initial Site Assessment $3,160 Prepare Restoration Plan $6,310 Prepare for Mitigation Installation $2,270 Install Mitigation $3,660 Conduct Five -Year Monitoring $50,630 Im lement Mitigation (Subcontractor) Mobilization $1,150 Site Preparation $12550 Irrigation Installation $13,250 Plant Installation ncluding Plant Cost] $30,120 Five-year Maintenance $53,230 Future Task (Southeast Polygon) Installation and Five•Year Maintenance $50,000 TOTAL $232,740 17 of 29 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Glenn Lukos Associates, Inc. Page C -1 18 of 29 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Glenn Lukos Associates, Inc Page C -2 19 of 29 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any Insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated,_ lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Glenn Lukos Associates, Inc Page C -3 20 of 29 Attachment C AMENDMENT NO. EIGHT TO PROFESSIONAL SERVICES AGREEMENT WITH EPT DESIGN FOR SUNSET RIDGE PARK THIS AMENDMENT NO. EIGHT TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Eight') is made and entered into as of this 11th day of December, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and EPT DESIGN, a California corporation ( "Consultant'), whose address is 9821 Irvine Center Drive, Irvine, CA 92618, and is made with reference to the following: RECITALS A. On September 25, 2007, City and Consultant entered into a Professional Services Agreement ( "Agreement') to provide engineering services for the conceptual design drawings for the landscape development of Sunset Ridge Park ('Project'). B. On September 18, 2008, City and Consultant entered into Amendment No. One to the Agreement ( "Amendment No. One ") to increase the scope of work and to increase the total compensation. C. On November 25, 2008, City and Consultant entered into Amendment No. Two to the Agreement ( "Amendment No. Two ") to increase the scope of work and to increase the total compensation. D. On March 9, 2010, City and Consultant entered into Amendment No. Three to the Agreement ( "Amendment No. Three ") to increase the scope of work and to increase the total compensation. E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the Agreement ( "Amendment No. Four") to increase the scope of work, extend the term of the Agreement to December 31, 2012, to increase the total compensation and update insurance requirements. F. On January 23, 2012, City and Consultant entered into Amendment No. Five to the Agreement ( "Amendment No. Five ") to increase the scope of work and to increase the total compensation. G. On February 12, 2014, City and Consultant entered into Amendment No. Six to the Agreement ( "Amendment No. Six ") to increase the scope of work, to extend the term of the Agreement to December 31, 2014 and to increase the total compensation. H. On July 26, 2013, City and Consultant entered into Amendment No. Seven to the Agreement ( "Amendment No. Seven ") to increase the scope of work, increase 21 of 29 the scope of work, increase the total compensation and to update the City's insurance requirements. City desires to enter into this Amendment No. Eight to reflect additional Services not included in the Agreement, or prior amendments, to increase the total compensation and update insurance requirements. J. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement, as amended, shall be supplemented to include the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). Exhibit A of the Agreement and Exhibits A of Amendments No. One thru Eight shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Three Hundred Twenty Five Thousand Three Hundred Twenty One Dollars and 00 1100 ($1,325,321.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Eight, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty Nine Thousand Eight Hundred Dollars and 00/100 ($49,830.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] EPT DESIGN Page 2 22 of 29 IN WITNESS WHEREOF, the parties have caused this Amendment No. Eight to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY AT R E�('S OFFICE a California municipal corporation Date: << Date: V I " VVV L-�— By: Aaron C. Harp I/ Keith D. Curry City Attorney ,X111W Mayor ATTEST: CONSULTANT: EPT DESIGN, a Date: California corporation Date: By: By: Leilani I. Brown Matt Durham City Clerk Vice President Attachments: EPT DESIGN Date: By: Steve Carrol Chief Financial Officer [END OF SIGNATURES] Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Page 3 23 of 29 EXHIBIT A SCOPE OF SERVICES EPT DESIGN Page A -1 24 of 29 landscape architecture I urban design I planning 20 November 2013 Andy fNe City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Sunset Ridge Park - C -3449 EPTDESIGN Project Number E07 -51 1.10 — Amendment No. 8 Dear Andy: EPTDESIGN is requesting a contract change order for the following additional Landscape Architectural services: Coastal Commission Studies and Revisions: • Prepared several planting exhibits for California Coastal Commission reviews • Make numerous plant palette adjustments to satisfy California Coastal Commission special conditions • Remove number of trees, and large shrubs in the CSS areas • Remove most of the trees in the foraging area • Revise final draft construction drawings, including: 1) Addition of CSS seed mix designs 2) Revise construction drawing planting counts 3) Revise construction drawing irrigation plans • Multi conference calls with California Coastal Commission and attend meeting with the CCC in Ventura Cn • Coordinate with BonTerra on foraging habitats Additional Plans and Exhibits: • HOA Landscape and Fencing Plans • Marketing Illustrative Plan for construction sign Printing Reimbursement Costs: $ 2,000 Total Coastal Commission Studies and Revisions: 47.830 Total Contract Change Order Amount Requested: $ 49,830 9821 Irvine Center Drive, Irvine, CA 92618 T 1949,502.4500 F 1 949. 502.4510 www.eptdesign.com 25 of 29 landscape architecture I urban design I planning Andy Train 20 November 2013 Sunset Ridge Park — C -3449 Amendment No.: 8 Page 2 of 2 All terms and conditions of the original agreement shall be included as part of this change order except as noted herein. If you have any questions or comments please call me. Sincerely, Richard H. Vanderwood, Jr. Principal P.I.S. 11/20113 Amendment No, Q Signed EPTDESIGN 26 of 29 EXHIBIT B SCHEDULE OF BILLING RATES EPT DESIGN Page B -1 27 of 29 Sunset Ridge Park Fee Schedule for Amendment No. 8 20 November 2013 Principal Studio Director Associate Project Manager Project Captain Designer Clerical Sub $210 $160 $150 $110 $100 $90 $75 EPTDESIGN Consultants GRAND Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Totals Total TOTALS Extra Services 28 of 29 Marketing illustrative Plan Planting ExhiVits for CCC Planting Palette AcIlustrnents Native Plant Research 21 -420� MMJM� W Seed Mix Revisions Planting C1 Kevisions Irrigation CD Revisions 28 of 29 Attachment D SOP' y z �► ®vv �O PROJECT s LOCATION a a UPPER GO NEWPORT RAY W LO 0 3 3 a° CITY OF NEWPORT BEACH JOHN WAYNE GULCH PUBLIC WORKS DEPARTMENT 3 LOCATION MAP C -3449 12/10/2013 29 of 29