HomeMy WebLinkAboutC-8168-1 - On-Call PSA for Landscape Architecture ServicesLANDSCAPE SCOPE OF SERVICES PROPOSAL
Date:
June 22, 2021
Project:
Civic Center Dog Park Refurbishment
Location:
City of Newport Beach
Contract No.:
8168-1 with Addenda
Client:
City of Newport Beach
I. PROJECT DESCRIPTION
The City wishes to make a series of improvements to the existing Dog Park. These improvements
can be summarized as follows:
• Replace existing vinyl mesh with new mesh or rigid screening along the pole fencing
throughout— something durable and low maintenance
• Drainage is fine, no improvements are anticipated.
• Remove and replace caulking at joint between sidewalk and stem wall at perimeter of
entire Dog Park.
• Grout filler (horizontal and vertical throughout)
• Replace two existing drinking fountains with new fixtures that include bottle fillers. Specify
City standard.
• Repaint all perimeter fencing.
• Add one large or two small shade structures at small dog area. Parks would like to keep
the tree; locate the structure(s) in the concrete area over the benches
• Remove existing and replace synthetic turf system in both the large dog and small dog
areas.
SCOPE OF SERVICES
R/Hdo shall provide complete design services for the project in accordance with the latest City -
approved Standard Specifications for Public Works Construction (which, as of this date is the 2015
Edition) and the City of Newport Beach Design Criteria, Standard Special Provisions, and Standard
Drawings (2004 Edition), including supplements. Tasks include as a minimum:
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 2 of 9
Design Phase
A. Preparing a design schedule showing times of completion and milestones for each task. Include at
least three, one-hour meetings with City staff. This does not include the initial project kick-off meeting,
project submittal meetings, or the preconstruction meeting. All meetings will take place in Newport
Beach.
B. Research issues and options related to separation of sidewalk and stem retaining wall. Provide options
with estimated cost. These could include clean joint add XX and recalk, sawcut sidewalk and remove 8-
12" portion of sidewalk and replace, remove entire sidewalk panel and replace, etc.
C. Research and provide options and costs for shade structure(s) at Small Dog Park.
D. Research and provide options and costs for replacement of artificial turf at Small and Large Dog
Park(s).
E. Research and provide options and costs for replacement of vinyl mesh on existing perimeter fence.
F. Research and connections of existing water fountain to determine requirements of new drinking
fountains.
Plans, Specifications and Estimate Phase
G. Preparing PS&E at various scales on 24" x 36" sheet size including:
a. Cover Sheet, with Notes and Abbreviations
b. Demolition Plans
c. Construction Document Base Sheets
b. Hardscape Construction Plans
d. Shade Structure Plans and details
e. Hardscape and Architectural Construction Details
Drawings shall be prepared in Auto CAD and shall comply with City CAD standards. All
drawings shall be transmitted to the City electronically in both AutoCAD (.dwg) and Adobe
(.pdg formats. Upon completion of the project, all written documents, in the City's latest
adopted version of Microsoft Word and Excel, and original signed and stamped mylar plans and
specifications shall be transmitted to the City.
Currently, we do not anticipate performing any underground investigations regarding the
settlement differential between the stem wall and the sidewalk paving. If the City wishes to
undertake this work, we will need to engage the appropriate engineering expertise.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 3 of 9
We will engage Spire Structural Engineer to prepare structural calculations and design footings
for the Shade Structure(s).
Preparing complete contract documents using the City's standard template documents, including
general and special provisions, quantities, proposals, and Engineer's Estimate. Submittals will
include Design Phase Submittal with Options and Costs, 90% PS&E and Final PS&E incorporating
all City comments.
G. Preparing complete as -built drawings from information provided by the City. As -built drawings
shall be submitted in AutoCAD (.dwg) and Adobe (.pdf) format. Mylar hard copies will not be
required.
Construction Engineering Assistance Phase
When requested by the City, R/Hdo shall be available for:
1. Attending pre-bid, pre -construction, and construction coordination meetings.
2. Reviewing shop drawings and other submittals.
3. Monitoring construction progress, advising the City with respect to the contractor's general
conformance to the drawings and specifications, visiting the site, and making field
recommendations. We assume that a maximum of six (6) site visits to monitor some, if not all,
of the following stages of landscape construction:
• Review of paving mock-ups.
• Layout of major hardscape elements i.e., paving, caulking, etc.
• Review of installed hardscape (shade structures and fence enclosure) elements.
• Pre -final Walkthrough to prepare Punch -List
• Final Walkthrough prior to project acceptance
• Final Walkthrough prior for project acceptance
III. PROGRESS SUBMITTALS & PROJECT SCHEDULE
Progress Submittals
Progress submittals and/or meetings will be required prior to execution of the contract documents.
Consultant shall prepare a detailed schedule with the following milestone submittals included:
A. Design Phase with Options and Cost Estimates.
B. 90 Percent Design Review — Consultant shall, as a minimum, submit draft final plans, completed
specifications, and final quantities and cost estimates. All Design Phase review comments shall be
addressed at this time.
C. Final Approval Review — Consultant shall, as a minimum, submit final plans, completed
specifications, and final quantities and cost estimates. All 90 percent design review comments
shall be addressed at this time. Plans will be sealed by a California licensed landscape architect.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 4 of 9
E. Approval of Construction Documents — Consultant shall submit signed and sealed mylar original
drawings and contract specifications.
R/Hdo shall be responsible for addressing all plan review comments at each of the formal submittals as
well as informal coordination throughout the plan preparation process. The City anticipates a period of
three weeks for plan review of the Design Phase, 90 percent, and 100 percent submittals. The City will
require a review meeting at the time of each design submittal as a minimum, and other meetings may be
required.
Project Schedule
The City desires to complete the final design by November 30, 2021. In order to meet this schedule,
the following preliminary milestones shall be incorporated into the R/Hdo's project schedule:
Notice to Proceed — July 1, 2021
Design Phase Submittal — two weeks/approximately July 16, 2021
City Review — 3 weeks/approximately August 6, 2021
90% Percent Submittal — 3 weeks/approximately August 27, 2021
City Review — 3 weeks/approximately September 17, 2021
100 Percent Final Submittal — I week/approximately September 24, 2021
The City anticipates starting construction in late Spring 2022.
IV. CONSULTANT REPRESENTATIVE
R/Hdo's primary representative shall be Dan Herman, Principal and the alternate representative is Maro
Urena. (see Attached resumes). The Consultant's representatives shall remain in responsible charge of
all duties from contract negotiations through project completion. If the primary representative is unable
to continue with the project, then the alternate representative shall become the primary representative
upon the City's approval.
V. CONSULTANT RESPONSIBILITIES
The Consultant shall be responsible for completing the specified services in accordance with the City's
On -Call Professional Services Agreement (PSA) with Rabben/Herman design offices for Landscape
Architecture and the Consultant's proposal.
VI. CITY RESPONSIBILITIES
The City shall provide the following items to assist the Consultant in completing the services:
A. Existing plans that are available and applicable to the proposed project.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 5 of 9
B. Design criteria and standards that are available and applicable to the proposed project.
C. Utility Maps/Atlas received from utility owners.
D. Aerial topographic images
E. City's GIS system with City -owned utilities (water, sewer, and storm drain)
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 6 of 9
SCHEDULE 2
PROPOSAL ASSUMPTIONS
A. LIMIT OF WORK — to include limits as shown on Attachment A.
B. BASE FILES - AutoCAD base files indicating property lines, building footprints, curbs,
setbacks, existing and proposed utilities, and improvements will be prepared by Psomas.
C. CIVIL ENGINEERING — None required for this project.
D. ELECTRICAL ENGINEERING — None required for this project.
E. STRUCTURAL ENGINEERING - R/Hdo intends to engage the services of Spire
Engineering to design the footings for the shade structure(s). See attached proposal.
F. SPECIFICATIONS - R/Hdo will be responsible for preparing their own Division 2-16
specification sections for incorporation into specification manual. The City will prepare
the front end of the Manual.
G. CLIENT APPROVALS - verbal requests by the Client to commence the next phase of
work shall constitute approval of the previous phase of work.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 7 of 9
SCHEDULE 3
PROPOSAL EXCLUSIONS
Given the nature of this project R/Hdo would utilize the existing Construction Drawing as the "base
plan" for all improvements and would not obtain field surveys. Items not covered in Schedule I (Scope
of Work) and assumed to be provided by the Owner, Client, or others:
A. Topographic, existing condition and boundary surveys.
B. Geotechnical reports.
C. Existing site utility drawings.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 8 of 9
SCHEDULE 4
ADDITIONAL SERVICES
Services in addition to R/Hdo's Schedule I (Scope of Work) when requested shall be identified as such
and billed at the current billing rate schedule. Additional services shall include, but are not limited to the
following:
A. Items that the Client deems are R/Hdo's responsibility indicated in Schedule 3 (Proposal
Exclusions).
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of
Schedule I (Scope of Work).
C. FEES - Payment for governmental permits, application fees, processing fees, and plan
check fees.
D. EXCESS CITY MEETINGS OR PUBLIC WORKSHOPS - meetings in excess of those
indicated in each phase of Schedule I (Scope of Work).
E. SPECIAL RENDERINGS - professional renderings often required to portray the
landscape design in a more highly articulated or rendered fashion than is usually
customary.
VALUE ENGINEERING REVISIONS - revisions required to value engineer the landscape
improvements after bidding occurs.
Rabben/Herman design office
Dog Park Refurbishment Proposal
June 22, 2021
Page 9 of 9
SCHEDULES
FEE SCHEDULE AND SCHEDULE
We will perform the Scope of Worl< as described on a time and material basis) per our Agreement) for
the not to exceed fees, net of all local taxes, duties and levies, plus reimbursable expenses. Services will
be invoiced per approved hourly rates.
Work
Total
Phase
Task I
Design Phase Submittal
$4,528
Task 2
90 % Submittal
$12,196
Task 3
Final/ 100 % Submittal
$3,425
Task 4
Final Approval Review
$500
Task 5
Approval of Construction Documents
$500
Task 6
Construction Engineering Assistance Phase
$3,320
Spite Engineering (Structural Design)
$3,000
TOTAL R/HDO LUMP SUM FEE
$27,469
Note: Expenses are not included in R/Hdo's lump sum fee and willed be billed an addition to the lump
sum fees. We estimate a not to exceed amount of $500.00
Rabben/Herman design office
Civic Center Dog Park Refurbishment
City of Newport Beach
Person Hour and Fee Estimate
$ 200 $ 145 $ 100
DH Maro Staff
Task
Design Phase
Prepare Design Schedule
Options for sidewalk repair (assume 3)
Options for Shade Structure (assume 2)
Options for artificial turf replacement
Options for vinyl mesh replacement
Water Fountain footing research
Review meeting with City
Sub -Total Hours
Sub -Total Fees $
Plans Specifications and Estimates/90%
Cover Sht, Notes and Abbreviations
Construction Document Base Sheet
Demolition Plan
Hardscape Plan
Hardscape Details
Shade Structure Plans and Details
Specifications
Estimate of Probable Cost
QA and Submittal
Review with City
Sub -Total Hours
Sub -Total Fees $
Plans Specifications and Estimates/90%
Respond to City Comments
Update Specifications
Update Estimate of Probable Cost
QA and Submittal of Mylars
Review with City
Sub -Total Hours
Sub -Total Fees $
Construction Assistance
Attend Pre -Bid and Pre -Construction
Conference
1
1 4 1
0.5 2 1
2 6 1
1 4 1
1 1
1_5 1_5
6 19.5 5
1,200 $ 2,828 $ 500 $ 4,528
6
4
1 4
1 8 12
2 8 12
1 4 8
6
2 6
3 4 2
1.25 1.25
8.25 38.25 50
1,650 $ 5,546 $ 5,000 $ 12,196
2 8 12
3
1 2 2
0.25 1
1 1
4.25 15 14
850 $ 2,175 $ 1,400 $ 4,425
1 4
Attend Construction Coordination
Meetings (assume 6)
4
12
Sub -Total Hours
5
16
0
Sub -Total Fees $
1,000
$
2,320 $
-
$
3,320
Fee and Hourly Summary
Total Hours
23.5
88.75
69
Sub -Total Fee $
4,700
$
12,869 $
6,900
$
24,469
Spite Engineering Structural Design
$
3,000
$
3,000
Total Fee $
4,700
$
15,869 $
6,900
$
27,469
J7-rofessional Fee ProposalSTRUCTURAL ENGINEERING
Date: June 21, 2021 Proposal No: 21SPR069
Client: Rabben/Herman design office Ltd.
Contact: Dan Herman
Project Name: Civic Center Dog Park Refurbish
Reference No:
Location: Avocado Avenue, Newport Beach, CA 92625
Scope of Services: Provide structural engineering services to design the foundations that will support a
2 to 3 post canopy at the existing dog park. Scope includes:
• General notes.
• Design and detail a footing that will support a 2 to 3 post canopy.
• Respond to City plan check comments.
• Construction administration (review submittals and remote RFI support).
Assumptions and Qualifications:
• Plan work is excluded. Drawings with only general notes and details will be provided.
• Canopy, post, and base plate design are by others.
• Site visits are excluded.
Fixed fee: $3,000.00 lump sum.
Miscellaneous reimbursable expenses (subject to 15% mark-up): Travel, postage and printing (In-
house plotting will be billed at $0.60 per square foot).
Notes: Additional structural consultation, construction administration and/or structural observation
services can be provided on a time -and -material basis at the hourly rates per Table 1 below.
Deliverables: Signed calculations and drawings.
Schedule: To be determined (to meet Rabben/Herman design office's schedule).
Special Conditions: Construction documents will be prepared with the information available during
design. It should be noted that unknown existing conditions can cause alterations to the design during
construction which may incur additional fees.
Offered by:
eo�11, I �_. , L1,
7 JMV+F_VX___1_
Jeremy C. Welton, SE 4614
Principal, Spire Structural Engineering Inc.
Accepted by (Client):
(signature) (date)
Dan Herman
Principal, Rabben/Herman design office Ltd.
Table 1 — Hourly Rates
Position
Hourly Rate
Principal
$205.00
Project Manager
$175.00
Project Engineer
$150.00
Engineer
$120.00
Senior Drafter
$110.00
Drafter
$100.00
Clerical
$60.00
The Terms and Conditions on pages 2 and 3 of this form are part of this agreement.
26461 Rancho Parkway South, Lake Forest, CA 92630 949.916.3440 www.spirestructures.com
June 21, 2021
P21SPRO69 Civic Center Dog Park Refurbish
Terms and Conditions
Spire Structural Engineering Inc. (SPIRE) shall perform the services outlined in this Agreement for the
stated fee arrangement.
Fee
The total fee, except stated lump sum, shall be understood to be an estimate, based upon Scope of
Services, and shall not be exceeded by more than ten percent, without written approval of CLIENT. This
fee proposal is valid for 30 days from the date of the Agreement. Where the fee arrangement is to be on
an hourly basis, the rates shall be those that prevail at the time services are rendered.
Billings/Payments
Invoices will be submitted monthly for services and reimbursable expenses and are due when rendered.
Invoice shall be considered PAST DUE if not paid within 30 days after the invoice date and SPIRE may,
without waiving any claim or right against CLIENT, and without liability whatsoever to CLIENT, terminate
the performance of the service. Retainers shall be credited on the final invoice. A service charge will be
charged at 1.5% (or the legal rate) per month on the unpaid balance. In the event any portion of an
account remains unpaid 90 days after billing, CLIENT shall pay cost of collection, including reasonable
attorneys' fees.
Access To Site
Unless otherwise stated, SPIRE shall have access to the site for activities necessary for the performance
of the services. SPIRE will take precautions to minimize damage due to these activities, but has not
included in the fee the cost of restoration of any resulting damage.
Hidden Conditions and Hazardous Materials
A structural condition is hidden if concealed by existing finishes such that it cannot be discovered by
reasonable visual observation. If SPIRE has reason to believe that such a condition may exist, SPIRE
shall notify CLIENT who shall authorize and pay for all costs associated with the investigation of such a
condition and, if necessary, all costs necessary to correct said condition. If (1) CLIENT fails to authorize
such investigation or correction after due notification, or (2) SPIRE has no reason to believe that such a
condition exists, CLIENT is responsible for all risks associated with this condition, and SPIRE shall not be
responsible for the existing condition nor any resulting damages to persons or property. SPIRE shall
have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to
hazardous materials of any form.
Indemnifications
CLIENT shall indemnify and hold harmless SPIRE and all of its personnel from and against any and all
claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of or resulting
from the performance of the services, provided that any such claims, damage, loss or expense is caused
in whole or in part by the negligent act or omission and/or strict liability of CLIENT, anyone directly or
indirectly employed by CLIENT (except SPIRE) or anyone for whose acts any of them may be liable. This
indemnification shall include any claim, damage or losses due to the presence of hazardous materials.
Risk Allocation
In recognition of the relative risks, rewards and benefits of the project to both CLIENT and SPIRE, the
risks have been allocated such that CLIENT agrees that, to the fullest extent permitted by law, SPIRE's
total liability to CLIENT, for any and all claims, injuries, damages, losses and expenses arising out of
SPIRE's services, or alleged to have been caused or contributed to by SPIRE's services, shall not exceed
the total amount of $20,000.00, the amount of SPIRE's fee (whichever is greater) or other amount agreed
upon when added under Special Conditions. Such causes include, but are not limited to, SPIRE's
negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
Termination of Services
This Agreement may be terminated by mutual agreement of CLIENT and SPIRE at any time and may be
terminated upon 10 days written notice by either party should the other fail to perform its obligations
hereunder. In the event of termination instigated by CLIENT, CLIENT shall pay SPIRE for all services
_ STRUCTURAL ENGINEERING
EL -
age
June 21, 2021
P21SPR069 Civic Center Dog Park Refurbish
rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses per
the following:
A. Fixed -fee contract: remaining balance of fee.
B. Time and materials contract: the fee for one month of work, based on the agreed budget and
project duration, not to exceed the remaining budget.
Ownership of Documents
All documents produced by SPIRE under this Agreement shall remain the property of SPIRE and may not
be used by CLIENT for any other endeavor without the written consent of SPIRE. All electronic files
(CAD files and otherwise) created and used by SPIRE in the execution of the design of the Project are
the sole property of SPIRE. Transfer of such files to CLIENT, Owner, Architect, Contractor,
Subcontractors, or any other affiliated party is not included as part of this contract.
Dispute Resolution
All claims, counterclaims, disputes and other disagreements between CLIENT and SPIRE arising out of
the project, or relating to this Agreement will be presented to nonbinding mediation before a mediator
mutually agreed to by the Parties. The Parties agree that no complaint or cause of action shall proceed
with arbitration or be filed in court concerning a matter arising out of the Project or this Agreement until
completion of a mediation attended in good faith by the Parties.
Arbitration: It is understood that any dispute as to the services rendered under this Agreement, including
whether such services were performed, not performed, unnecessary, unauthorized, or were improperly,
negligently or incompetently performed, will be determined by submission to arbitration as provided by
California law, and not by lawsuit or resort to court process, except as California law provides for judicial
review of arbitration proceedings. Both Parties to this Agreement, by entering into it, are giving up their
constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting
the use of arbitration. NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE AGREEING TO HAVE
ANY ISSUE OR DISPUTE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT DECIDED
BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT
TRIAL.
SPIRE Structural Engineering Inc.
Rabben/Herman design office Ltd. CLIENT
L S__ - / XP R%_.1 I EL_
_ STRUCTURAL ENGINEERING
age
1
AMENDMENT NO. TWO TO
Q� ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR
U LANDSCAPE ARCHITECTURE SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 24th day of
June, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and RABBEN/HERMAN
DESIGN OFFICE LTD, a California corporation ("Consultant"), whose address is 833
Dover Drive, Suite 9, Newport Beach, CA 92663, and is made with reference to the
following:
RECITALS
A. On July 30, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide comprehensive
professional landscape architecture services on an on-call and/or as -needed basis
("Project") .
B. On June 1, 2019, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to July
30, 2021.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to December 31, 2021, amend the Conflicts of Interests section, and
update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein."
2. CONFLICTS OF INTEREST
Section 25 of the Agreement shall be amended in its entirety and replaced with the
following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
3. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
4. 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]
Rabben/Herman Design Office LTD Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE
a California municipal corporation
Date: 6/1(0120-L�
Date: .11IN 2, 2 2021
By: ()jt Poe -
By:
Aaron C. Harp
Gra . Leung
City Attorney p�°
�'• /
Ci anager
ATTEST:
IO•- 2��ZI
CONSULTANT:
Date:
RABBEN/HERMAN DESIGN OFFICE
LTD, a California corporation
Date:
Fir,. fdj , 4 �—m el �;j I �w � �
Leilani I. Brown
City Clea
By: Signed in Counterpart
Dan Herman
Vice President/Secretary
ND OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
Rabben/Herman Design Office LTD Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '/I(;,1?-:,2�
By: L;,!
Aaron C. Harp a�
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT:
RABBEN/HERMAN DESIGN OFFICE
LTD, a California corporation
Date:���e,
By:
Dah Neahan ' '
Vice President/Secretary
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
Rabben/Herman Design Office LTD Page 3
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 City Council, boards
and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Rabben/Herman Design Office LTD Page C-1
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Rabben/Herman Design Office LTD Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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-
Rabben/Herman Design Office LTD Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. TimeIV Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
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.
Rabben/Herman Design Office LTD Page C-4
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
October 5, 2021
Rabben/Herman Design Office
833 Dover Drive., Suite 9
Newport Beach, CA 92663
Reference Number: 8168-1
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]
LANDSCAPE SCOPE OF SERVICES PROPOSAL
Date: September 9, 2020
Project: Dahlia Overlook/Ocean Blvd Sidewalk
Location: Corona del Mar, CA
Client: Citv of Newport Beach
I. PROJECT DESCRIPTION
The Department pf Public Works has prepared a concept plan illustrating to add a sidewalk to the south
side of Ocean Blvd. between Dahlia Ave and Fernleaf Ave. The Concept Plan also shows the addition of
a widened sidewalk and new ADA ramp on the south side of Ocean west of Dahlia. Minor irrigation
repair may be required on the sidewalk widening portion of the project, but no new landscape planting
will be added. R/Hdo would be responsible for developing the design of the sidewalk widening to create
an overlook area. The overlook would include seating and relocation of an existing historical plaque.
The project would also include replacement of landscape planting associated with the overlook
improvement as well as minimal new landscape planting at the gore of the sidewalk widening at Ocean
Blvd and Dahlia Ave ramp to China Cove. As part of the landscape improvements the existing irrigation
for the entire project limits would be modified to irrigate the new landscape.
The City intends to engage a civil engineer under a separate contract to survey and design the civil
components required by the contract. R/Hdo will coordinate schedules, information, design and other
items as necessary to compile a single coordinated set of Plans, Specifications and Estimates.
II. SCOPE OF SERVICES
R/Hdo shall provide complete design services for the project in accordance with the latest City -
approved Standard Specifications for Public Works Construction (which, as of this date is the 2015
Edition) and the City of Newport Beach Design Criteria, Standard Special Provisions, and Standard
Drawings (2004 Edition), including supplements. Tasks include as a minimum:
Design Phase
A. The Department of Public Works has prepared a concept plan illustrating a add a sidewalk to the
south side of Ocean Blvd. between Dahlia Ave and Fernleaf Ave. The Concept Plan also shows the
addition of a widened sidewalk and new ADA ramp on the south side of Ocean west of Dahlia. R/Hdo
would be responsible for developing the design of the sidewalk widening to create an overlook area and
the landscape and irrigation related to that portion of the project. The overlook would include seating
and relocation of an existing historical monument.
B. R/Hdo will coordinate with civil engineering consultant in providing complete design services and
construction documents. Consultant shall be responsible for professional landscape architecture services
and civil engineering/surveying consultant will be responsible for all civil engineering and surveying design
services. For the overlook area, R/Hdo will prepare a Schematic Design illustrating paving areas, paving
materials, colors and finishes, ADA ramping and other hardscape as required. We assume that the civil
engineer would incorporate this design into their Construction Documents. R/Hdo would complete
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 2 of 8
Construction Documents for the Landscape Planting and Irrigation design and any Special Provisions
required for unique hardscape elements as well as landscape planting and irrigation.
C. Researching and providing recommendations for drought resistant plants.
D. Conducting field reviews with City staff of existing irrigation to look at controller location, existing
laterals and other extensions of the existing irrigation.
E. Preparing construction drawings with a base scale of I" = 20' and 24" x 36" sheet size including:
a. Hardscape Construction Plans (Schematic Only)
c. Hardscape Construction Details (Schematic Only)
d. Planting Plans
e. Planting Details
f. Modification Irrigation Plans downstream from irrigation point of connection.
g. Retrofit Irrigation Details
Water pressure, electrical, and soil analysis shall be provided by the City. Drawings shall be
prepared in Auto CAD and shall comply with City CAD standards. All drawings shall be
transmitted to the City electronically in both AutoCAD (.dwg) and Adobe (.pdf) formats. Upon
completion of the project, all written documents, in the City's latest adopted version of
Microsoft Word and Excel, and original signed and stamped mylar plans and specifications shall
be transmitted to the City.
Performing substructure investigation, including coordinating pothole efforts by utility companies
as needed. The Civil Engineer will prepare and distribute utility verification and/or relocation
notices. City staff will send out the first utility information request and will forward the received
utility maps/atlas to the Civil Engineer. All utility facilities shall be shown on the contract
drawings. Drawings shall be signed and sealed by a California licensed Landscape Architect.
F. Preparing complete contract documents using the City's standard template documents, including
general and special provisions, quantities, proposals and Engineer's Estimate.
G. Preparing complete as -built drawings from information provided by the City. As -built drawings
shall be submitted in AutoCAD (.dwg) and Adobe (.pdf) format. Mylar hard copies will not be
required.
Construction Engineering Assistance Phase
When requested by the City, R/Hdo shall be available for:
I. Attending pre-bid, pre -construction, and construction coordination meetings.
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 3 of 8
2. Reviewing shop drawings and other submittals.
3. Monitoring construction progress, advising the City with respect to the contractor's general
conformance to the drawings and specifications, visiting the site, and making field
recommendations. We assume that a maximum of twelve (12) site visits to monitor some, if not
all, of the following stages of landscape construction:
• Review of paving mock-ups.
• Layout of major hardscape elements i.e., paving, tree grates and signage (2
visits).
• Review of installed hardscape elements.
• Layout of plant material (I visits).
• Irrigation sprinkler coverage test.
• Pre -final Walkthrough prior to the start of the 90 -day landscape maintenance
period.
• Final Walkthrough prior to the start of the 90 -day landscape maintenance
period.
• Final Walkthrough for project acceptance
III. PROGRESS SUBMITTALS & PROJECT SCHEDULE
Progress Submittals
Progress submittals and/or meetings will be required prior to execution of the contract documents.
Consultant shall prepare a detailed schedule with the following milestone submittals included:
A. 60 Percent Design Review — Consultant shall, as a minimum, submit preliminary title sheet, plan
sheets, including details and sections, and preliminary quantities and estimates.
B. 90 Percent Final Design Review — Consultant shall, as a minimum, submit final plans, completed
specifications, and final quantities and cost estimates.
C. Final Approval Review — Consultant shall submit final plans, specifications, and revised final
quantities and cost estimates prepared and sealed by a California licensed landscape architect.
All 90 -percent design review comments shall be addressed at this time.
E. Approval of Construction Documents — Consultant shall submit signed and sealed mylar original
drawings and contract specifications.
R/Hdo shall be responsible for addressing all plan review comments at each of the formal submittals as
well as informal coordination throughout the plan preparation process. The City anticipates a period of
three weeks for plan review of the 60 percent, 90 percent and 100 percent submittals. The City will
require a review meeting at the time of each design submittal as a minimum, and other meetings may be
required.
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 4 of 8
Project Schedule
The City desires to complete the final design by the end of December 2020. In order to meet this
schedule, the following milestones shall be incorporated into the R/Hdo's project schedule:
Notice to Proceed — Assumed to be October 1, 2020
60 Percent Submittal — approximately 2 weeks
90 Percent Submittal — approximately 2 weeks
100 Percent Final Submittal — approximately 2 weeks
The City anticipates starting construction in early 2021.
IV. CONSULTANT REPRESENTATIVE
R/Hdo's primary representative shall be Dan Herman, Principal. The Consultant's representatives shall
remain in responsible charge of all duties from contract negotiations through project completion. If the
primary representative is unable to continue with the project, then the alternate representative shall
become the primary representative upon the City's approval.
V. CONSULTANT RESPONSIBILITIES
The Consultant shall be responsible for completing the specified services in accordance with the City's
On -Call Professional Services Agreement (PSA) with Rabben/Herman design offices for Landscape
Architecture and the Consultant's proposal.
VI. CITY RESPONSIBILITIES
The City shall provide the following items to assist the Consultant in completing the services:
A. Existing plans that are available and applicable to the proposed project.
B. Design criteria and standards that are available and applicable to the proposed project.
C. Utility Maps/Atlas received from utility owners.
D. Aerial topographic images
E. City's GIS system with City -owned utilities (water, sewer, and storm drain)
SCHEDULE 2
PROPOSAL ASSUMPTIONS
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 5 of 8
A. LIMIT OF WORK — to include limits as shown on City prepared Concept Plans, dated
7/2/20. (see attached for limits of improvements).
B. BASE FILES - AutoCAD base files indicating property lines, building footprints, curbs,
setbacks, existing and proposed utilities and improvements will be prepared by the Civil
Engineer.
C. CIVIL ENGINEERING — The project Civil Engineer is assumed to supply R/Hdo with
construction document base sheets, which clearly indicate property lines, building
footprints, curbs, utilities, existing and proposed utility improvements, and other
pertinent information deemed necessary for R/Hdo to prepare accurate landscape
construction documents. In addition, the civil engineer is assumed responsible for
providing rough and fine grading, drainage, vertical and horizontal controls.
D. ELECTRICAL ENGINEERING — We assume that existing power is available to the
existing controller and an Electrical Engineer will not be required.
E. SPECIFICATIONS - R/Hdo will be responsible for preparing their own Division 2-16
specification sections for incorporation into specification manual. The City will prepare
the front end of the Manual.
CLIENT APPROVALS - verbal requests by the Client to commence the next phase of
work shall constitute approval of the previous phase of work.
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 6 of 8
SCHEDULE 3
PROPOSAL EXCLUSIONS
Items not covered in Schedule I (Scope of Work) and assumed to be provided by the Owner, Client or
others:
A. Topographic and boundary surveys.
B. Geotechnical reports.
C. Existing site utility drawings.
D. Horticultural soil testing.
"AS -DESIGNED" DRAWINGS - preparation of "As -Designed" drawings which collate
previous RFI, modification drawings, field changes, and value engineering revisions into
one final set of construction documents.
"AS -BUILT" DRAWINGS - preparation of "As -Built" drawings. R/Hdo assumes that this
effort will be provided by the Contractor.
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 7 of 8
SCHEDULE 4
ADDITIONAL SERVICES
Services in addition to R/Hdo's Schedule I (Scope of Work) when requested shall be identified as such
and billed at the current billing rate schedule. Additional services shall include, but are not limited to the
following:
A. Items that the Client deems are R/Hdo's responsibility indicated in Schedule 3 (Proposal
Exclusions).
B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of
Schedule I (Scope of Work).
C. FEES - Payment for governmental permits, application fees, processing fees, and plan
check fees.
D. EXCESS CITY MEETINGS OR PUBLIC WORKSHOPS - meetings in excess of those
indicated in each phase of Schedule I (Scope of Work).
E. SPECIAL RENDERINGS - professional renderings often required to portray the
landscape design in a more highly articulated or rendered fashion than is usually
customary.
VALUE ENGINEERING REVISIONS - revisions required to value engineer the landscape
portion. R/Hdo will update the construction quantities and coordinate with the other
team members to update the project cost estimate to be submitted to the City for
review. Value Engineering analysis will be performed after the 60% plans are submitted
(one time only) and the team will discuss any options with the City before continuing
with the 90% package. Revisions to the street improvement plans as a result of value
engineering will be incorporated into the 90% package.
Rabben/Herman design office
Ocean Blvd./Dahlia Overlook Landscape Proposal
Revised September 9, 2020
Page 8 of 8
SCHEDULES
FEE SCHEDULE AND SCHEDULE
We will perform the Scope of Work as described for the not to exceed fees, net of all local taxes,
duties and levies, plus reimbursable expenses. Services will be invoiced per approved hourly rates.
Work
Total
Phase
Task 1
60 % Submittal
$5,953.00
Task 2
90 % Submittal
$6,240.00
Task 3
100 % Submittal
$2,268.00
Task 4
Construction Engineering Assistance Phase
2,860.00
TOTAL R/HDO LUMP SUM FEE
$17,320.00
Note: Expenses are not included in R/Hdo's lump sum fee and willed be billed an addition to the lump
sum fees. We estimate a not to exceed amount of $500.00
Rabben/Herman design office
CLASIR DESKN
424 New Jersey Lane
Placentia, CA 92870
714-514-9930
chris@glasirdesign.com
September 1, 2020
This is an agreement for irrigation consulting services to be performed by Glasir Design (Consultant), as
requested by Rabben Herman Design Office (Client), for the project listed below.
Project Name/Location:
Ocean Blvd Streetscape
Newport Beach, California
Rabben/Herman design office
833 Dover Drive, Suite 9
Newport Beach, CA 92663
Attn: Mr. Dan Herman
danh@rhdo.com, (949) 548-3459 ex.22
The client and the consultant agree to the following:
A. Consultant agrees to provide the following services:
Provide irrigation consulting services for the above referenced project. The project is the
design of a landscape irrigation system for renovated streetscape planting on Ocean Blvd.
between Dahlia Ave and Fern Leaf Ave. in Newport Beach, California. The project shall be
designed using AutoCAD drafting software on no more than one (1) sheets of irrigation plan
drawings at 1" = 20' scale. The client shall provide an e -transmit of the AutoCAD drawings
to include all required x -reference drawings, image files and plotting "ctb" files. Additional
submittals (other than direct municipal agency irrigation plan check revisions) and other
design documents, not listed below, are excluded from the consultant's scope of work and
fee proposal.
This scope of work is based on the image provided by the client on August 31, 2020.
The scope of work shall be defined as the following:
Site Investigation— The consultant shall visit the site prior to the design of the irrigation
system to verify water and power supply locations, existing irrigation systems for coordination,
and general site conditions that may affect the design of the irrigation system. The consultant
shall review the city's irrigation standards during this phase of work.
Construction Documents— The consultant shall provide complete drip, and/or overhead
irrigation construction drawings including plans, notes, materials legends, installation details,
water pressure calculations, estimated water use calculation, irrigation run time calculations
and specifications. The fee assumes that there will be no more than two (2) submittals of
the construction document irrigation drawings (90% & Final%).
Construction Administration —the consultant shall provide construction administration
services in the form of the review and written comments on contractor materials submittals,
as well as answer any RFls. The consultant shall provide field observation services during
construction to observe and report on the installation of the irrigation system. The
consultant recommends that site observations be provided at the following milestones:
irrigation coverage test. The scope and fees assume no more than one (1) construction
observations shall be provided. All site observations include a punch list. This scope of
work is optional.
Ocean Blvd Streetscape - p01 Page 1 of 2
IV
N
Client agrees to compensate the consultant as follows:
Site Investigation:
Construction Documents:
Construction Admin.:
$260.00
$1,260.00
$780.00 - Optional Service
Payment terms: net 30 days from the date of the invoice.
Consultant hourly rates as follows: Irrigation Designer - $105.00 per hour
On-site Consulting- $130.00 per hour
D. Consultant shall maintain in force insurance in the following amounts: $4,000,000 — General
Liability; $2,000,000 - Professional Liability and $2,000,000 - Umbrella. Each party agrees
to indemnify, defend and hold the other free and harmless from and against all losses,
claims, demands, damages or judgments of or in favor of any third party arising from any act
by, or negligence of, the indemnitor or its officers, agents or employees while engaged in
the performance of this contract or while in or about the premises for any reason connected
in any way with the performance of this contract.
Glasir Design grants Rabben Herman Design Office permission to use the above proposal
information to respond to any RFPs related to this project, and to create a sub -consultant
agreement that may be signed later.
Proposal created by Chris Curry of Glasir Design.
Ocean Blvd Streetscape - p01 Page 2 of 2
Ocean Blvd./Dahlia Blvd. Overlook Landscape Proposal
Man Hour Estimate
Dan Staff Irrigation
60% Submittal
Field Review 1 1
Irrigation Investigation with City Staff 2
to determine location of valves, and
other issues.
Preliminary Overlook/sidewalk design 4 8
Preliminary Landscape design 2 6
Preliminary Irrigation Design
Preliminary hardscape details for rail
and wall 4 12
Subtotal 11 29
Cost $ 2,475 $ 2,900 $
90% Submittal
90% Overlook design
90% Landscape design
90% Irrigation Design
90% hardscape details for rail,
medallion and wall
Final Submittal
2 8
2 4
4 24
Subtotal 8 36
Cost $ 1,800 $ 3,600 $
Final Overlook design 0.5
Final Landscape design 0.5
Final Irrigation Design
Final hardscape details for rail,
medallion and wall 2
Specifications/Special Provisions 3_5
Subtotal 6.5
Cost $ 1,463 $
Construction Observation
Submittals and RFI
Field Visits
Punch List
1
8
2
Subtotal 11
Cost $ 1,650 $
2
1
4
7
700 $
4
4
400 $
Tota I
Total
2.5
3
5.5
578 $ 5,953
E•1
8
840 $ 6,240
N
1
105 $ 2,268
2
3
1
6
810 $ 2,860
$ 17,320
OCEAN BOULEVARD SIDEWALK
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SIDEWALK
EXISTING STREET DIMENSIONS
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OCEAN BLVD
NEW
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PROPOSED STREET DIMENSIONS
SIDEWALK
DATE: 07/2/20
I
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of
June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and RABBEN/HERMAN
DESIGN OFFICE LTD, a California corporation ("Consultant'), whose address is 833
Dover Drive, Suite 9, Newport Beach, CA 92663, and is made with reference to the
following:
RECITALS
A. On July 30, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement') to provide comprehensive professional
landscape architecture services on an on-call and/or as -needed basis ("Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to July 30, 2021.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 30, 2021, unless terminated earlier as set forth herein."
2. 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]
Rabben/Herman Design Office Ltd Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
CITY ATTO NEY'S OFFICE
a California ni pal corporation
Date: 2 q
c)
Date:
�S
Ow)
By: 1
By:_
F,r: Aaron C. Harp
\G Grace K. Leung
City Attorney
pyo t City Manager
ATTEST:
�-�o I q
�D
CONSULTANT: Rabben/Herman Design
Date:_ (�.
Office Ltd, as California corporation
Date:�-
By:
.
Leilani I. grown
'William Rab en
City Clerk
President
Dc
a
[END OF SIGNATURES]
Rabben/Herman Design Office Ltd Page 2
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN/HERMAN DESIGN OFFICE LTD FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 30th day of July, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City'), and RABBEN/HERMAN DESIGN OFFICE LTD, a California
corporation ("Consultant'), whose address is 833 Dover Drive, Suite 9, Newport Beach,
California 92663, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide comprehensive professional
landscape architecture services on an on-call and/or as -needed basis ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 30, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
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 Hundred Twenty Thousand Dollars and 001100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
Rabben/Herman Design Office Ltd Page 2
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dan Herman to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
Rabben/Herman Design Office Ltd Page 3
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, subconsultants, subcontractors,
Rabben/Herman Design Office Ltd Page 4
anyone employed directly or indirectly by any of them or for whose acts they may be
liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Rabben/Herman Design Office Ltd Page 5
14. 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 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
Rabben/Herman Design Office Ltd Page 6
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's 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
Rabben/Herman Design Office Ltd Page 7
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
Rabben/Herman Design Office Ltd Page 8
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Dan Herman
Rabben/Herman Design Office Ltd
833 Dover Drive, Suite 9
Newport Beach, CA 92663
Rabben/Herman Design Office Ltd Page 9
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
Rabben/Herman Design Office Ltd Page 10
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Rabben/Herman Design Office Ltd Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' ' OFFICE
Date: 6
By:
Aaron C. Harp
City Attorney
ATTEST: �}
Date: qt�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: %il.)l.
By: %.
Dave <iff
City Manager
CONSULTANT: Rabben/Herman Design
Office Ltd, a California corporation
Signed in Counterpart
By:
William Rabben
President
Date:
Signed in Counterpart
By:
Dan Herman
Vice-President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Rabben/Herman Design Office Ltd Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date:
By:
Aaron C. Harp M%
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Dave Kiff
City Manager
CONSULTANT: Rabben/Herman Design
Office Ltd, a California corporation
Date:
0-1
Leilani I. Brown Qam R A 6en
City Clerk President / -
M
ce-Pres id ent/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rate=
Exhibit C — Insurance Requirements
Rabben/Herman Design Office Ltd Page 12
EXHIBIT A
SCOPE OF SERVICES
The following is a list of landscape architecture services that may be required:
Landscape Architecture services shall include conceptual and final design of
landscaping for City capital improvement and maintenance projects, including
streetscape, median, parks, open space and other public facilities. The successful
Consultant(s) shall have the ability to provide in-house services, or capacity to
subconsult, for the following areas:
• Prepare conceptual design and architectural renderings
• Provide public outreach services (i.e., town hall meetings, HOA meetings,
Council meetings, etc.)
• Prepare full landscape/hardscape/irrigation construction plans, specifications,
and estimates. Specifications may incorporate full City -standards "front end"
specifications, in addition to technical specifications
• Prepare irrigation studies/plans
• Incorporate water/energy savings design measures and value engineering
services
• Provide bid support
• Provide construction support and administration services
• Prepare record drawings
• Other landscape architecture -related tasks, as necessary
Rabben/Herman Design Office Ltd Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Time Charges
Principals
Senior Associates
Associates
Professional Staff
Administrative & Word Processing
Reimbursable Expenses
Consultants: Cost plus 5%.
Hourly Rate Range
$180.00 - $245.00
$120.00 - $145.00
$85.00 - $100.00
$65.00 - $85.00
$55.00 - $65.00
Travel: Private vehicles @ $0.585 per mile for travel outside of OC. Commercial travel
and related expenses at cost plus 10%. All International travel to be Business Class.
Other project expenses: Cost plus 5%. Such as: Printing, graphics, photography and
reproduction, rental or purchase of special equipment and materials, special shipping or
delivery, models and renderings, lodging and subsistence.
Rabben/Herman Design Office Ltd Page B-1
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 City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
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, two million dollars ($2,000,000) 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).
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
Rabben/Herman Design Office Ltd Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit 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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement 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:
Rabben/Herman Design Office Ltd Page C-2
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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
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.
Rabben/Herman Design Office Ltd Page C-3
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.
Rabben/Herman Design Office Ltd Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/8/16 Dept./Contact Received From: Raymund
Date Completed: 9/8/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Rabben/Herman Design Office, Ltd.
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/14/16-4/14/17
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater): A++;XV
AM BEST RATING (A-: VII or greater) A++;XV
C.
ADMITTED Company (Must be California Admitted):
ADMITTED COMPANY (Must be Califomia Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000 / $2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
® N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ® Yes ❑ No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/14/16-4/14/17
A.
INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut
B.
AM BEST RATING (A-: VII or greater) A++;XV
C.
ADMITTED COMPANY (Must be Califomia Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/23/16 to 5/23/17
A.
INSURANCE COMPANY: Travelers Property Casualty Co. of America
B.
AM BEST RATING (A-: VII or greater): A++;XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY Travelers Casualty & Surety Co Eff 6/11/16-6/11117 1MM/3MM
Rating: A++; XV Admitted ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
►�:I�11�U�:by:769C/
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/8/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
O ■
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
" Subject to the terms of the contract.