HomeMy WebLinkAbout28 - Mariners Village Public Improvements PlanCITY OF NEWPORT BEACH
0Wpc`a 4 COMMUNITY AND ECONOMIC Hearing Date: August 14, 2001
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= PLANNING DEPARTMENT Agenda Item No.: 28
3300 NEWPORT BOULEVARD Staff Person: George A. Berger, AICP
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NEWPORT BEACH, CA 92658 (949) 644 -3207
(949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Mariner's Village Public Improvements Plan:
Presentation of proposed project, and recommendation to
authorize professional design services.
SUMMARY: Arising from the Mariner's Mile Design Framework and Strategic
Vision, adopted by the City Council on October 10, 2000, the
Mariner's Village Public Improvement Plan is the first improvement
project to be recommended to Council for authorization of design
services. The planning project consultants will present an overview
of the project, and staff requests authorization to proceed with
professional design and engineering services.
SUGGESTED ACTIONS: 1. Approve Mariner's Village Public Improvements Plan in
concept; and
2. Approve Agreement with Kirby & Company for design
development to include landscape architecture, electrical
engineering, lighting and irrigation; and
3. Direct staff to solicit proposals for civil engineering.
Background
The Mariner's Village Public Improvements Plan is the first physical improvements project to
follow the passage of the Mariner's Mile Design Framework and Strategic Vision, adopted by
the City Council on October 10, 2000. The Framework —a planning document recommending
ways to upgrade development in the Mariner's Mile Specific Plan (1977) area and the
commercial and mixed -use properties generally from the "Arches" bridge over PCH to the "Back
Bay" bridge— reached the City Council following a long history of public /private effort dating
from the mid- 1970's.
The Strategic Vision, part of the Design Framework, promotes a pedestrian oriented retail area
known as the "Mariner's Village" in the area of Riverside Avenue and Tustin Avenue, between
the harbor and the face of the coastal bluff (see sheer 2 in the attached plan document,
Attachment 1). It is this area that is to be the focus of the first phase of public improvements
within Mariner's Mile. The City Council agreed with the business owners' recommendation to
focus on this area because it is where the greatest impact can be achieved for the least cost. The
City Council approved an agreement with City Lights Design Alliance to develop the concept
plan on December 12, 2000.
The City's consultants will present an overview of the Mariner's Village Public Improvement
Plan at the City Council meeting, and will be able to elaborate on the various planning and
design concepts.
Discussion
Mariner's Village Public Improvements Plan:
The Mariner's Village Public Improvements Plan was prepared and finalized in April, 2001 by
the planning and design team consisting of City Lights Design Alliance, led by Keenan Smith,
AIA, and Kirby & Company, led by Lee Anne Kirby, ASLA.
Conceptually, the Public Improvements Plan includes a number of design improvements within
the Village area, all of which are proposed within existing public right -of -way. Along the Pacific
Coast Highway, additional Washington Robusta (Mexican Fan) palm trees and Ligustrum
(Privet) hedge planters will be placed in regular intervals along the existing sidewalks, and
landscaped medians will replace the painted median in two locations. Within the Riverside
Avenue right -of -way, palm trees and hedges will be placed within the existing sidewalk area, and
pedestrian -scale street lighting and street furniture will be added. Traffic calming measures, as
yet to be specifically determined, have also been recommended, as have new district monument
signage —in accordance with the Strategic Vision & Design Framework adopted document.
Traffic calming improvements —designed to slow vehicular traffic into and out of the village
area for the benefit of pedestrians in both the commercial area beneath the bluff and the
residential areas above —may be relatively minor, such as the placement of "Botts Dots" or
alternative texture /color pavement on the street near the base of the bluff, or relatively major,
such as the placement of "speed bumps" or "speed humps" on the roadway surface. These
measures will be designed in a later phase with a separate public review process and City
Council review. In addition to being designed in accordance with the Strategic Vision, the
signage will also be coordinated with the citywide wayfinding and directional signage project,
for which a Request for Proposals is currently out.
Tustin Avenue and Avon Street are smaller -scale streets, and have less room in which to
incorporate improvements. These streets are proposed to have additional (smaller scale) street
trees with tree grates, and pedestrian- oriented street lighting. It is proposed that shade trees,
planter extensions and pedestrian lighting be added to the Village Alley (located one -half block
between PCH and Avon Street, between Riverside and Tustin avenues) and the extension of
Avon Street. Shade trees, shrub plantings and pedestrian lighting are proposed for the existing
City parking lot.
The Public Improvements Plan was presented to the Mariner's Mile Business Owners
Association in April of this year, and was presented to area residents and commercial business
and property owners at a Public Forum held on June I I ". Although there were a few suggested
additions to the project— adding traffic calming measures on Tustin Avenue was the critical
Page 2
one —it was well- received by attendees.
Total Project Cost and Phasing:
Cost estimates for the Mariner's Village Project were first developed by City Lights Design
Alliance/Kirby & Company in March/April, 2001, and have been revised (08102101 —see
Attachment 2) for the purposes of this discussion. The following cost estimates are based on
individual street sections, and also include improvements to the City -owned parking lot between
the Coast Highway and Cliff Drive (behind the Margaritaville restaurant). In the revised Opinion
of Probable Costs, estimates have been calculated using a 25% contingency factor to account for
unknown items that may be revealed during final design and construction.
The estimated project cost for primary and secondary phases of the project is indicated below:
MARINER'S VILLAGE PUBLIC IMPROVEMENT PLAN
Opinion of Probable Construction Costs (rev. 08/02/01)
Basis: Conceptual Plan dated 3/30/01
Phasing Summary and Cost Recap: (ind. 25% contingency)
Phase 1. Pacific Coast Highway (all elements) $271,288.60
Phase 2. Riverside Ave. (incl. traffic calming zone) $452,250.00
Phase 3. Tustin Ave. (incl. traffic calming zone), Avon St. and Village Alley $521,372.10
Phase 4. Avon St. (east extension) and City Parking Lot $97,290.15
Total All Phases: $1,342,354.75
Major project phases are recommended as above, with all improvements to the Pacific Coast
Highway being completed initially. They are considered the most critical, since they offer the most
visibility to the public and will yield the most dramatic change to the present streetscape
environment. Further, efficiency dictates consolidating all Caltrans- related permits and processes
at once, early in the project. Improvements to Riverside Avenue are proposed as Phase 2, as they
front a street that affects residential neighborhood perception the most and is "next- most" visible.
Phase 3 will consist of improvements to Tustin Avenue and Avon Street and the Village Alley.
The eastern extension of Avon Avenue and the City -owned parking lot landscaping will complete
this multi -year project as Phase 4. The project design and Caltrans approval processes are proposed
to run concurrently at the start of the project, with construction of phases 2 -4 occurring as budget
allows.
Page 3
Design Services
City Council Policy F -14 calls for the City to solicit proposals for professional services. In this
case, it is the recommendation of staff that Kirby & Company be retained as the Mariner's Village
project's principal consultant, given the firm's long history of participation in the Mariner's Mile
planning and design efforts. Ms. Kirby's active role in this effort dates to 1996 with her
involvement in the Mariner's Mile Business and Citizens Advisory Committee. The direct Kirby &
Company association began in 1997 when it became a design partner with the City Lights Design
Alliance. Kirby & Company has begun negotiations with Caltrans on issues involving the Pacific
Coast Highway, as part of the concept development. Staff has been satisfied with Ms. Kirby's
work, and believes that her continued involvement will benefit the project's efficiency and design
integrity.
If the City Council approves this arrangement, Kirby & Company will act as lead consultant for
final landscape design services and construction observation, and will retain subconsultants for
lighting and irrigation design. The cost for these services is One Hundred and thirteen thousand,
three hundred and ten Dollars ($113,310) (see Attachment 3). The City will need civil engineering
services to deal with the surveying, grading/drainage,traffic and utilities control issues on the
project. Public Works Department staff has the best understanding of these issues and will solicit
proposals from engineering firms. The cost estimate for civil engineering services is approximately
.06% of the total estimate of overall project costs (est. S80,541.29).
Funding Sources
The initial phases of the project will be funded from the General Fund in two budget cycles; with
$300,000 allocated in the FY2001 -2002 budget, and a similar amount indicated for the following
year. These funds were approved in Account No. 7014- C2700500. Design services will be
completed this year, and are anticipated to be approximately $193,810. As noted above,
improvements to Avon Street and its extension to the east, the Village Alley and the City -owned
parking lot are considered project options, and will be subject to future authorization for funding.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
GEORGE A. BERGER, AICP
Senior Planner
Attachments: Attachment I —Mariner's Village Public Improvement Plan
Attachment 2 —Revised (8/02/01) Opin ion of Probable Project Costs
Attachment 3 — Kirby & Company Agreement for Consultant Services
Page 4
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ATTACHINIENT 3
PROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT, entered into this day of
F.G
2001, by and
between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as
"City "), and Kirby & Company, whose address is 305 North Coast Highway, Suite T,
Laguna Beach, California, 92651, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement the Mariner's Village Public Improvement Plan
( "Project ").
C. City desires to engage Consultant to provide design development services
to include landscape architecture, electrical engineering, lighting, irrigation
and construction observation upon the terms and conditions contained in
this Agreement.
D. The principal member of Consultant is, for purpose of Project, Lee Anne
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Kirby.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant underthe terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of , 2001, and
shall terminate on the _ day of , 2001, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
One hundred thirteen thousand, three hundred and ten dollars ($113,310).
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3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City and based upon the
following payment schedule: monthly for progress payment based upon percentage of
work complete. Reimbursable costs shall be billed with fee invoices.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses that have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computerdata processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
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advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. Qualified and experienced personnel who are not employed by City, nor who
have any contractual relationship with City, shall perform all services. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
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contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor'), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractors schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
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details in means of performing the work provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Steve Badum to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respectto removal or assignmentof non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
in
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Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
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8. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
9. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subjectto approval of the Project
Administratorand City Council.
10. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
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omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
12. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance covering all employees and principals of
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Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separatelyto this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of
Dollars ($ ).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
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agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
13. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership orjoint venture.
14. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
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connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
15. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
16. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to providethe following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
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others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
17. ADMINISTRATION
The Public Works Department will administer this Agreement. Steve Badum shall
be considered the Project Administrator and shall have the authority to act for City under
this Agreement. The Project Administrator or his /her authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
18. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultantshall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement
19. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
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Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
22. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
23. SUBCONSULTANTAND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
24. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
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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,
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postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Ms. Lee Anne Kirby
Kirby & Company
301 N. Coast Highway, Suite T
Laguna Beach, CA 92651
Phone: (949) 376 -1695
Fax: (949) 376 -1685
25. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
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and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. 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.
28. 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
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agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreementwill be effective only by written execution signed by both City and Consultant.
29. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
30. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file
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format. All written documents shall be transmitted to the City in Microsoft Word 97 or
newer and Microsoft Excel 97 or newer, and be consistent with Microsoft Office 97 or
newer.
31. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided underthis Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
so
CITY OF NEWPORT BEACH
A Municipal Corporation
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Mayor
City of Newport Beach
CONSULTANT
`1
AUTHORIZATION FOR CONSULTANT SERVICES
Project Name: Mariner's Mile Village Streetscape
Kirby & Co. Project Number: MML002
Date: August 2, 2001
We are pleased to submit this proposal for Professional Services for the project
referenced above, which is generally described as the Mariner's Mile Village
Streetscape in Newport Beach, California. This work shall be prepared and submitted
for approvals as two construction document packages (Phase I and Phases 2, 3 & 4)
but shall be implemented in the following four phases:
PHASE 1:
• Coast Highway Setback, North side from 2750 to 2332
• Coast Highway Median Renovation from Riverside to Tustin and areas just to the
east of Tustin and west of Riverside
PHASE 2:
• Riverside Avenue Parkway from Coast Highway to Avon Street
• Riverside Avenue Parkway Traffic Calming Pavement
PHASE 3:
• Tustin Avenue Parkway from Coast Highway to Avon Street
• Tustin Avenue Parkway Traffic Calming Pavement
• 'Village Alley' from Riverside Avenue to Tustin Avenue
• Avon Street from Riverside Avenue to Tustin Avenue
PHASE 4:
• Avon Street Extension from Tustin Avenue to the City Parking Lot
• City Parking Lot Landscape
This Agreement is between the City of Newport Beach (Client) and Kirby & Company
(Consultant).
SCOPE OF SERVICES
PHASE 1:
For Phase 1 described above, Consultant's Scope of Services shall be divided into five
tasks: I - Conceptual Design Review, II - Design Development, III - Construction
Documents, IV - Bidding and Negotiation and V - Construction Observation.
Task I. Conceptual Design Review
Based on the Mariner's Mile Village Concept Plan prepared under a separate
agreement, Consultant shall:
EXHIBIT A Page 1 7 r
Project Number: MML002
August 2, 2001
Set meeting with CalTrans for preliminary review of proposed Coast Highway
landscape improvements.
2. Meet with CalTrans staff and City staff at CalTrans offices (met on 1/29/01).
3. Address CalTrans issues on a preliminary level to prepare for meeting of
various CalTrans division staff members.
4. Meet with CalTrans division staff members and City staff at CalTrans offices
(met on 2/21/01).
Prepare for and meet with Public Works at City to present results of CalTrans
meetings and provide preliminary presentation to City staff and department
heads (met on 3/14/01).
6. Meet with Mariner's Mile Business Owner's Association (MMBOA) and City
staff to review street improvement issues (met on 4/11/01).
7. Review CalTrans standard details and specifications required for the project.
Task II. Design Development
Based on the Mariner's Mile Design Framework, the Mariner's Mile Village Concept
Plan dated 3/30/01 and base information provided by the Client and project Civil
Engineer, Consultant shall prepare Design Development. Consultant shall:
Meet with the Client and other members of the project team to discuss the
limits -of -work, review work prepared by others and to coordinate the design
and phasing of the project.
2. Visit site to become familiar with existing conditions as shown on the base
maps provided by the project Civil Engineer.
3. Prepare landscape base sheets into standard working drawing format specified
by the Client and CalTrans (CalTrans requires documents prepared in the
metric system). Electronic base maps shall be provided by the Civil Engineer.
4. Prepare a Design Development Landscape Plan showing the following
information:
a. Preliminary phase lines;
b. General layout of walks, planting areas and conspicuous utilities;
EXHIBIT A Page 2
Project Number: MML002
August 2, 2001
c. Planting, with identification of tree, shrub, groundcover, and turf areas and
species recommendations.
5. Meet with Client, other members of the project team and /or the MMBOA to
review the Design Development Landscape Plan.
6. Revise the Design Development Landscape Plan based on meeting comments.
7. Prepare an Opinion of Probable Landscape Construction Costs based on the
Design Development Landscape Plan for Client budgeting purposes.
S. Meet with Client, project team and /or MMBOA to review the revised Design
Development Landscape Plan and Opinion of Probable Landscape
Construction Costs.
9. Based on the Design Development Landscape Plan, determine irrigation points
of connection, electrical service requirements, sleeving requirements and
coordinate with Civil Engineers.
10. Based on the Design Development Landscape Plan, the Electrical Engineer shall
determine general layout of the electrical connection for the irrigation
equipment and holiday lighting on palm trunks.
11. Prepare for and attend five (5) meetings with the Client, Project Manager
and /or other members of the Consultant Team to review and coordinate work
including meetings described above.
12. Prepare for and attend one (1) Planning Commission or City Council hearing.
Task III. Construction Documents
Based on the Client approved Design Development Landscape Plan and related
Opinion of Probable Landscape Construction Costs, Consultant shall proceed with the
preparation of Construction Document drawings for the project. Consultant shall
prepare working drawings and specifications to reasonably conform to applicable
codes and regulations of governmental bodies having jurisdiction over the work at the
time the work is prepared.
Consultant shall:
Prepare layout & materials plans for the replacement of existing concrete
flatwork.
EXHIBIT A Page 3 ��
Project Number: MML002
August 2, 2001
2. Prepare planting plans showing tree, shrub, vine, and groundcover locations.
. A plant list, with plant names and sizes, shall be provided.
3. Prepare irrigation plans showing identification, location, and sizing of
irrigation systems and their component parts.
4. Coordinate with the electric company on power source for the irrigation
controller and show the point of connection for irrigation on the drawings.
5. Prepare lighting plans for holiday lighting on palms trunks.
6. Prepare details of the planting, irrigation, meter box footings, landscape and
electrical materials with information required for construction, installation and
finishing of the landscape components of the project.
Review the Civil Engineer's grading plans for conformance to the design intent.
8. Coordinate Consultant's work with that of other consultants retained by the
Client.
9. Prepare an Opinion of Landscape Construction Costs based on the construction
documents or review pricing based on the landscape construction documents
and prepared by others.
10. Assist the Client in filing the appropriate plans and documents, which are
required to secure the necessary design approvals from the various
governmental agencies having jurisdiction over the project. The Client shall
process all plans for approvals. Three plan check reviews from the City and
three from CalTrans are assumed. The City shall process plans with the
California Coastal Commission. Plan check reviews in excess of this
assumption shall be billed as Extra Services.
11. Write technical sections of specifications and bid schedule for the above
described landscape materials in standard CSI and City format for inclusion
with the Client's specifications. Client shall provide General Conditions,
Special Requirements and Bidding Documents. Consultant shall provide
language for Alternates as needed.
12. Prepare for and attend up to five (5) meetings with the Client, Project Manager,
MMBOA, CalTrans and /or other members of the Consultant Team to review
and coordinate work.
EXHIBIT A Page 4 t I
Project Number: MML002
August 2, 2001
13. At acceptance of the landscape construction documents by CalTrans, oversee
translation of the construction documents to meet CalTrans electronic
document preparation requirements.
Task IV. Bidding & Negotiation
Based on the Client's approval of Construction Documents, the Consultant shall assist
the Client in obtaining bids or negotiated proposals. Consultant shall:
1. Prepare for and attend one pre -bid meeting.
2. Issue Landscape Bid Documents.
3. Prepare addenda to the Construction Documents, as clarification is required.
Task V. Construction Observation
The Consultant shall make periodic visits to the site to become familiar with the
progress and quality of construction and to determine if the construction of the
landscape work is proceeding in accordance with Consultant's design intent and
contract documents. During such visits and on the basis of observations while at the
site, the Consultant shall keep the Client informed of the progress of construction.
The Consultant may recommend rejection of work to the Client as failing to conform
to the contract documents.
Consultant shall:
Meet at the site with the Client's project manager to review existing site
conditions prior to beginning construction.
2. Review plant material photographs submitted by the Landscape Contractor.
Based on approval plant material photographs, tag palms at the place of
growth.
4. Review and approve samples of materials specified in Consultant's
construction documents.
5. Observe layout and installation of electrical circuitry and light fixtures.
6. Observe layout and installation of proposed concrete pavement.
EXHIBIT A Page 5
Project Number: MML002
August 2, 2001
7. Observe location and quality of plant material and landscape grading.
8. Observe layout and installation of irrigation systems and specified coverage
tests.
9. Attend up to four (4) job site meetings.
10. Observe in order to establish 90 -day establishment period in coordination with
the Client's landscape maintenance personnel.
11. At the end of the 90 -day establishment period, the Consultant shall conduct a
final observation and, upon finding the project acceptable, the Consultant shall
recommend acceptance of the landscape installation to the Client.
12. Coordinate with the Client, Owner, Contractor and /or his Subcontractors on
As -Built drawings prepared by the Contractor and oversee distribution of
record drawing copies (electronic & microfilm) per the City and CalTrans.
13. Meet and coordinate with the Owner's property manager during review and
acceptance of landscape construction at the end of the 90 -day maintenance
period that follows the 90 -day establishment period.
Site Visits
This proposal includes Professional Service time for up to twenty -one (21) site
visit/ construction observation meetings, scheduled approximately as follows:
Pre - Construction Site Visit
1
Job Site Meetings
4
Layout of Pavement
2
Light Fixtures
2
Irrigation
2
Fine Grading
2
Planting (palms)
4
Approval to Begin Establishment Period
2
Acceptance of Established Landscape
2
Total Site Visits
21
The Consultant shall endeavor to secure compliance by the Contractor to the plans
and specifications. The Consultant shall not be responsible, however, for construction
means, methods, techniques, sequences, or procedures in connection with the work.
EXHIBIT A Page 6 5
Project Number: MML002
August 2, 2001
The Consultant shall not be responsible for the Contractor's errors or omissions or
failure to carry out the work in accordance with the contract documents.
PHASES TWO, THREE AND FOUR:
For Phases 2, 3 and 4 described above, Consultant's Scope of Services shall be divided
into two tasks: I - Design Development and II - Construction Documents.
Task I. Design Development
Based on the Mariner's Mile Design Framework, the Mariner's Mile Village Concept
Plan dated 3/30/01 and base information provided by the Client and project Civil
Engineer, Consultant shall prepare Design Development. Consultant shall:
Visit site to become familiar with existing conditions as shown on the base
maps provided by the project Civil Engineer.
2. Coordinate with the City, the project arborist and the project agronomist to
evaluate the palm subdrainage requirements and provide an opinion on causes
for deterioration of plant material planted on Riverside Drive.
Prepare a Design Development Landscape Plan showing the following
information:
a. Preliminary phase lines;
b. General layout of walks, planting areas, conspicuous utilities and signage;
c. Planting, with identification of tree, shrub, groundcover, and turf areas and
species recommendations;
d. Based on a traffic- calming scheme prepared by others, show general layout
of the traffic calming elements such as pavement related to aesthetics.
Meet with Client, other members of the project team and /or MMBOA to
review the Design Development Landscape Plan.
6. Revise the Design Development Landscape Plan based on meeting comments.
Prepare an Opinion of Probable Landscape Construction Costs based on the
Design Development Landscape Plan for Client budgeting purposes.
8. Meet with Client, project team and /or MMBOA to review the revised Design
Development Landscape Plan and Opinion of Probable Landscape
Construction Costs.
EXHIBIT A Page 7 5 L/
Project Number: MML002
August 2, 2001
9. Based on the Design Development Landscape Plan, determine irrigation points
of connection, electrical service requirements, sleeving requirements and
coordinate with Civil Engineers. 0
10. Based on the Design Development Landscape Plan, the Electrical Engineer shall
determine general layout of the pedestrian lights and lights for signage
provided by others with catalogue cut sheets.
11. Prepare for and attend five (5) meetings with the Client, Project Manager
and /or other members of the Consultant Team to review and coordinate work
including meetings described above.
12. Prepare for and attend one (1) Planning Commission or City Council hearing.
Task H. Construction Documents
Based on the Client approved Design Development Landscape Plan and related
Opinion of Probable Landscape Construction Costs, Consultant shall proceed with the
preparation of Construction Document drawings for the project. Consultant shall
prepare working drawings and specifications to reasonably conform to applicable
codes and regulations of governmental bodies having jurisdiction over the work at the
time the work is prepared.
Consultant shall:
1. Prepare layout & materials plans for the replacement of existing concrete
flatwork and for traffic calming pavement recommended by project traffic
engineer retained by the Client.
2. Prepare planting plans showing tree, shrub, vine, and groundcover locations.
A plant list, with plant names and sizes, shall be provided.
3. Prepare irrigation plans showing identification, location, and sizing of
irrigation systems and their component parts.
4. Coordinate with the electric company for source of power for the irrigation
controller and show the point of connection for irrigation on drawings.
Prepare pedestrian lighting plans showing identification, location, and
specification of light fixtures, circuitry and light fixture footings.
EXHIBIT A Page 8 �'
Project Number: MML002
August 2, 2001
6. Prepare details of the planting, irrigation, meter box footings, pedestrian
lighting and landscape materials with information required for construction,
installation and finishing of the landscape and lighting components of the
project.
Review the Civil Engineer's grading plans for conformance to the design intent.
8. Coordinate Consultant's work with that of other consultants retained by the
Client.
9. Prepare an Opinion of Landscape Construction Costs based on the construction
documents or review pricing based on the landscape construction documents
and prepared by others.
10. Assist the Client in filing the appropriate plans and documents, which are
required to secure the necessary design approvals from the various
governmental agencies having jurisdiction over the project. The Client shall
process all plans for approvals. Three plan check reviews from the City are-
assumed. Plan check reviews in excess of this assumption shall be billed as
Extra Services.
11. Write technical sections of specifications and bid schedule for the above
described landscape materials in standard CSI and City format for inclusion
with the Client's specifications. Client shall provide General Conditions,
Special Requirements and Bidding Documents. Consultant shall provide
language for Alternates as needed.
12. Prepare for and attend up to five (5) meetings with the Client, Project Manager,
MMBOA and /or other members of the Consultant Team to review and
coordinate work.
EXCLUSIONS TO SCOPE OF SERVICES
Client shall provide the following information or services as required for performance
of the work. Consultant assumes no responsibility for the accuracy of such
information or services, and shall not be liable for errors or omissions therein. Should
Consultant be required to provide services in obtaining or coordinating compilation
of this information, such services shall be charged as Extra Services.
Existing site, engineering and utility base information.
2. Overhead aerial photographs at controlled scale.
EXHIBIT A Page 9
J
Project Number: MML002
August 2, 2001
3. Topography and boundary surveys, and legal description of the property.
4. Civil engineering of site improvements including roads, parking areas, curbs
and gutters, engineering grading plan, and drainage plan for landscape
pavement or planting areas.
Final engineering grading plan implementing the landscape grading concepts,
to within one -tenth of a foot of final landscape grades.
6. Soils testing, amendment recommendations, and /or engineering.
7. Structural, mechanical, and electrical engineering of any site elements except as
described in the Scope of Services.
Services for traffic calming methods and /or traffic engineering.
9. Street lighting /signalization drawings or specifications.
10. Services with respect to replacement of any work damaged during
construction.
11. Services required as a result of the default or insolvency of contractor.
12. Signage or logo design, detailing and /or engineering.
Extra services not included in the Scope of Services:
1. Master planning, site planning, entitlement services or landscape architectural
services not described in the Scope of Services.
2. Bidding and Negotiation and/or Construction Observation services for Phases
2,3 and 4.
3. Temporary power design/ documentation.
4. Design/ documentation of Utility Company services other than those
specifically for this project. Utility Company infrastructure upgrades are not
included in this proposal.
EXHIBIT A Page 10
6
Project Number: MML002
August 2, 2001
5. Value engineering or services resulting from significant changes in the project's
features. Minor revisions as required due to the normal evolution of the project
are included.
6. Preparation or submittal of detailed photometric reports unless specifically
required by the local governmental agencies.
7. Preparation of record drawings, measured drawings of existing conditions, or
of "as- built" drawings.
8. Preparation, assistance in preparation of, and /or presentation of graphic
exhibits other than those described in the Scope of Services.
DESIGN APPROVALS
Mr. Steve Badum has been designated as the person responsible for design direction
to the Consultant for this project. In the event that the design as approved by Mr.
Steve Badum is rejected by others and redesign is required, such redesign services-
shall be compensated as Extra Services.
REIMBURSABLE COSTS:
The following costs shall be reimbursed at cost and are not included in the Fee for
Professional Services:
A. Cost of copies of drawings, specifications, reports and cost estimates;
xerography and photographic reproduction of drawings and other documents
furnished or prepared in connection with the work of this contract.
For Phase 1: Estimate $4,320
For Phases 2, 3 & 4: Estimate $11,520
B. Cost of commercial carrier and public transportation, lodging, car rental and
parking, subsistence and out -of- pocket expenses as follows:
For Phase 1: Three trips at $650 each for Keenan E. Smith or $1,950.
For Phases 2,3 & 4: Four trips at $650 each for Keenan E. Smith or $2,600.
C. Private automobile travel at $0.34 per mile outside of Orange County.
For Phase 1: For Palm tagging 400 miles x 3 x 0.34 /mile = $410.
For Phases 2, 3 & 4: NA.
D. Cost of deliveries and shipping expenses other than first class mail.
For Phase 1: 15 x $25 = 375.
EXHIBIT A Page 11 �/
Project Number: MML002
August 2, 2001
For Phases 2,3 & 4: 20 x $25 = 500.
E. Cost of translating the landscape construction documents into CalTrans
required electronic formats for Phase 1.
For Phase 1: Approximately 2,600.
For Phases 2, 3 & 4: NA.
F. Photographic film and processing.
For Phase 1: 3 x $20 = 60.
For Phases 2,3 & 4: 4 x $20 = 80.
Please refer to 'Compensation for Professional Services' for the estimate of
Reimbursable Costs.
COMPENSATION FOR PROFESSIONAL SERVICES
Services described above shall be provided based on a fixed fee basis as follows:
PHASE ONE:
Task Description Fee/Phase
Task I. Conceptual Design Review $3,500
Task II. Design Development
a.
Landscape
8,200
b.
Irrigation
825
C.
Electrical
2,500
Task III.
Construction Documents
a.
Landscape
14,000
b.
Irrigation
3,860
C.
Electrical
5,000
Task IV.
Bidding & Negotiation
Task V.
Construction Observation
a. Landscape 12,000
b. Irrigation 0 (in landscape)
C. Electrical 2,500
City Lights Design Alliance (Keenan Smith) 5,280
Fee Total S57,665
Reimbursable Expenses (see above) 9,715
Total S67,380
PHASES TWO, THREE AND FOUR:
Task Description Fee/Phase
Task I. Design Development
a. Landscape S20,050
EXHIBIT A Page 12 n
r
b.
Irrigation
C.
Electrical
Task II.
Construction Documents
a.
Landscape
b.
Irrigation
C.
Electrical
City Lights Design Alliance (Keenan Smith
Fee Total
Reimbursable Expenses
Total
STATEMENTS:
Project Number: MML002
August 2, 2001
1,650
9,750
r
34,200
6,420
19,500
7,040
$98,610
14,700
$113,310
Fees for Professional Services shall be billed monthly for progress payment based
upon percentage of work complete. Reimbursable Costs shall be billed with fee
invoices.
ACCOUNTS:
Accounts are payable net 30 days from date of invoice.
REVOCATION:
This proposal shall be considered revoked if acceptance is not received within 90 days
of the date hereof.
EXHIBIT A Page 13 1
lD
HOURLY RATE SCHEDULE
Project Name: Mariner's Mile Village Streetscape
Kirby & Co. Project Number: MML002
Date:
August 2, 2001
If Extra services are required, the following hourly rates shall apply:
Kirby & Co. Categories
Rate per Hour
Principal
$110.00
Project Designer/ Manager
$88.00
Construction Coordinator
$90.00
Designer
$78.00
Staff Designer
$68.00
Intermediate Staff
$58.00
Staff
$48.00
Support
$38.00
d.d. Pagano Irrigation, Inc.
Irrigation Consultant Categories Rate per Hour
Principal $110.00
Senior Staff $70.00
Staff $55.00
Clerical $39.00
Konsortum 1 - Electrical Engineer/
Lighting Consultant Categories Rate per Hour
Principal
$130.00
Assocate
$115.00
Engineer
$105.00
Project Manager
$95.00
Designer
$80.00
Cad Drafting
$60.00
Clerical
$40.00
These rates are current for six months from the date of the Agreement for Professional
Services, but may be increased.
EXHIBIT B Page 1
Project: Mariner's Mile Village Streetscape
Kirby & Co. Job #: MML002
Client: City of Newport Beach
In compliance with California State Law, Business and Professions Code Section 5616, the
following information is furnished to you:
A full description for services to be rendered by Kirby & Company is as stated in the
proposal referenced above and attached hereto.
The consultants who may be utilized under the contract are as stated in the proposal
referenced above and attached hereto, or listed below:
Discipline: Irrigation
Consultant: d.d. Pagano Irrigation, Inc.
Discipline: Lighting Designer/ Electrical Engineering
Consultant: Konsortum 1
The date of completion of the work to be performed under the contract is as stated
in the proposal referenced above and attached hereto, or, if not stated in the
proposal, the work shall be completed within 12 months of the date of the contract,
subject to extension by mutual written agreement.
The total price that is required to complete the contract is as stated in the proposal
referenced above and attached hereto. This total price is subject to modification by
written mutual agreement of both parties.
The procedure that Kirby & Company and Client will use to accommodate
additional services shall be by proposal initiated by Kirby & Company and
approved by Client in writing or by oral agreement between Kirby & Company and
Client with written confirmation.
LANDSCAPE ARCHITECTS ARE REGULATED BY THE CALIFORNIA BOARD OF
LANDSCAPE ARCHITECTS. ANY QUESTIONS CONCERNING A LANDSCAPE
ARCHITECT MAY BE REFERRED TO THE BOARD AT:
Board of Landscape Architects
10210 Street, Room A 151
Sacramento, California 95814
Phone: (916) 445 -4954
For Kirby & Company:
EXHIBIT C Page 1
&�Z
By
Lee Anne Kirby
Certificate Number: 3753
305 North Coast Highway, Suite T
Laguna Beach, California 92651
KIRBY & COMPANY
J