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HomeMy WebLinkAbout11 - Balboa Blvd Landscape Enhancement ProgramAgenda Item No. 11 August 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer APPROVED: TITLE: Approval of Professional Services Agreement with David Volz Design Landscape Architects, Inc., for Balboa Boulevard Landscape Enhancement Project ABSTRACT: Landscape Architect and Engineering design services are needed for the Balboa Boulevard Landscape Enhancement Project. Staff requests approval of a professional services agreement to hire a consultant to perform the design work tasks and prepare the construction documents. RECOMMENDATION: Approve a Professional Services Agreement (PSA) with David Volz Design Landscape Architects, Inc. of Costa Mesa, CA for West Newport Landscape Enhancement Project Landscape Architect and Engineering Design Services at a not -to- exceed price of $243,530.00 and authorize the Mayor and the City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the General Fund account in the Public Works Department, 7013- 02002063. DISCUSSION: In 2011, the City Council's Ad -Hoc Neighborhood Revitalization Committee (NRC) created a five - member Citizen Advisory Panel (CAP) to guide the development of several Landscape Revitalization Conceptual Plans in West Newport. Recommendations formulated by the CAP apply to three street segments in the City: (1) Balboa Boulevard from West Coast Highway to 22nd Street; (2) West Coast Highway Approval of Professional Services Agreement with David Volz Design Landscape Architects, Inc., for Balboa Boulevard Landscape Enhancement Project August 14, 2012 Page 2 from the Santa Ana River to Newport Boulevard; and (3) Superior Avenue from Ticonderoga Street to West Coast Highway. As part of the 2012 -2013 Fiscal Year Capital Improvement Project Budget, City Council approved funds to prepare construction documents for Balboa Boulevard from West Coast Highway to 22 "d Street. These construction documents will build upon the CAP and Council approved conceptual plans, developed by David Volz Design Landscape Architects, Inc. (DVD), with focus on the following emphasis recommended by NRC and CAP: • Recognizing the West Coast Highway /Balboa Boulevard intersection as the "gateway" to the West Newport neighborhood and the creation of a landscape and signage plan specifically for the intersection; • "Greening" of Balboa Boulevard through median expansion and planting, parkway and bulb -out planting, green screens at curb and residential walls where possible and appropriate; and • Improving pedestrian experience along Balboa Boulevard. Given DVD's intimate project knowledge and background obtained with development of the concept plans, staff recommends retaining DVD through a single- source process, pursuant to Council Policy F -14, to prepare the project construction documents to ensure continuity. Proposed fees were also negotiated to ensure competitive pricing compared to similar firms for similar scope of work. The scope of DVD's professional services will generally include the following: • Design Development, which includes preliminary plan layout and material selection; • Community Outreach, which includes graphic illustrations and presentations to the public, committees, commissions and /or City Council, if necessary; and • Construction Documents, which includes the construction plan details and incorporation of civil improvements. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (negligible expansion of an existing use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Approval of Professional Services Agreement with David Volz Design Landscape Architects, Inc., for Balboa Boulevard Landscape Enhancement Project August 14, 2012 Page 3 The improvements will be constructed primarily in existing raised medians and parkway, with the exception of a couple of additional small raised landscaped median islands that will be introduced along Balboa Boulevard. The construction of these islands will not require acquisition of right -of -way or expansion of Balboa Boulevard as they will fit within the footprint of the existing painted medians, without significantly changing or impacting traffic circulation. There are no biological resources within the public right -of -way. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachments: A. Balboa Boulevard Concept Plan B. Professional Service Agreement ATTACH ME NT A -SW BALBOA BOULEVARD WEST NEWPORT LANDSCAPE CITIZEN ADVISORY PANEL OITV OF NEWPORT BEACH PHOTOS 2 6 Pnlha BeuIMN � wm Cw.r wd�war ro 3aln sl.eef Ba1Wa Mufe d 39MSC W21a SK BALBOA 90ULEVARD WEST NEWPORT LANDSCAPE CITIZEN ADVISORY PANEL CITY OF NEWPORT BEACH J MEDIANS MD PaMAYS W DSCAPED AREAS nxaoauaws un rssw.n Il fluS�W rRF6 f TREE PLAN b ATTACHMENT B DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR BALBOA BOULEVARD LANDSCAPE ENHANCEMENT PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California Corporation ( "Consultant'), whose address is 151 Kalmus Drive, Suite M8, Costa Mesa, CA 92626 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 professional landscape design and engineering services for the Balboa Boulevard Landscape Enhancement Project ( "Project'). C. Consultant possesses the skill, experience, abilif.y, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be David J. Volz. E. 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: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work`). The City may elect to delete certain services within the Scope of Services at its sole discretion. I�� 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. 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, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1 1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a tirne and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Forty -Three Thousand, Five Hundred Thirty Dollars and 00 /100 ($243,530.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. DAVID VOL Z DESIGN LANDSCAPE ARCHITECTS, INC. Page 2 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. b. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David J. Volz 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 the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Iris Lee, Senior Civil Engineer, or his /her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES 7.1 To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable. 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 3 2 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 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 the highest professional standard. 8.3 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. 8.4 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 and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 4 l 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 Contractor 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 and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and, planned, and any meetings that have been scheduled or are desired. IL1�112E1-9c -MOM 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 tern 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 5 14 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment; The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 6 f 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the 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 (r.) 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. 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. 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 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 7 22. 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. 23. 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 his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 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 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 8 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3323 Fax: (949) 644 -3318 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: David J, Volz DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 Phone: (714) 641 -1300 Fax: (714) 641 -1323 28. 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. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION 29.1 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 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 9 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. 29.2 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. 30. STANDARD PROVISIONS 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney, DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 10 � fl 30.7 Severability. If any form 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. 30.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO , NE 'S OFFICE Date: �I By: Aafb Harp City Attorney ATTEST: Date:_. By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California corporation Date: By: David J. Volz President and Secretary Date: By: David J. Volz Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C -- Insurance Requirements documentl DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 12 EXHIBIT A SCOPE OF SERVICES [Contractor Firm Name] Page A -1 L.aKdscapc/twhtteets aKd �arh Flay.wers June 14, 2012 REVISED JULY 2, 2012 Ms. Iris Lee, P.E. Sr. Civil Engineer 3300 Newport Boulevard Newport Beach, CA RE: WEST NEWPORT LANDSCAPE ENHANCEMENT PROJECT BALBOA BOULEVARD FROM WEST COAST HIGHWAY TO 22nd STREET Dear Ms. Lee, wuw dvotxdeslgn.com Home Office 151 K.almus Drive, Suite. M8 Costa Mesa, CA 92626 phone 714.641.1300 fax 714.641.1323 Ceochr.11a Valley Office 78060 Calle Estado La Quima, CA 92253 phone 760.580.5165 fax 760.564.0369 The West Newport Citizens' Advisory Committee envisioned a great landscape enhancement of this important thoroughfare, the western gateway to the Balboa Peninsula. Staying within the public right of way and respecting the important function of this high traffic street, the committee has put forth a plan to add significant green space to the median and parkway areas. This first phase of the West Newport improvements will also provide design for the proposed street corner enhancements at the southwest corner of Coast Highway and Balboa Boulevard. This corner landscape enhancement will include new identity sign, sidewalk improvements and pedestrian amenities. David Volz Design proposes to provide the design and engineering services required to further develop the concepts and to prepare construction documents for this project. Our team is looking forward to working with you and the Newport Beach Public Work's staff to ready this work for funding, bidding, and construction. The following project scope and proposed services will deliver plans and specifications for the described project. Our work plan includes design development, preliminary engineering and final construction documents. Project Scope The following segments make up the project scope. The anticipated improvements are defined conceptually in the West Newport Landscape CAP documents that were prepared at the end of last year. Below is a general description of the proposed construction program. I '9 "-' nestoyave LAKdseapes that create UMMRKitd 1. Balboa Boulevard from West Coast Highway to 32 "d Street The existing landscaped medians along this reach will be cleared of all landscape and pavement, except the palm trees, and replanted with new landscapes (approximately 16;000 s.f.). The construction of new landscaped medians will be built as depicted on the concept plans (18,500 s.f.) Parkway improvements with new landscaped pavement in approximately 45 locations will be designed along the street edge. The two bus stop areas will be improved with new landscapes. A new irrigation system will be installed along the length of this street, The construction budget for this work is one million dollars. 2. Balboa Boulevard to 22 "d Street This work will be a continuation of the landscape improvements identified above. All street medians will be new constructions (approximately 6,000 s.f.). Street edge enhancements will include 14 new tree pop -out locations and improved landscape at the 26t" Street parking lot (4,000 s.f.). The construction budget estimate for this work is $350,000. 3. Balboa Boulevard and West Coast Highway Corner Improvements These proposed improvements are depicted conceptually within the documents prepared for the West Newport Landscape CAP. Further definition is needed it order to determine the exact improvements to be implemented. The first phase of development will include the south western corner. The other corners will be designed in future phases. Southwest Corner A new city monument sign, landscape and sidewalk enhancements and walls and seating are anticipated at this corner. The construction budget estimate for these improvements is $180,000. Services To Be Provided: David Volz Design proposes to provide the following services to prepare construction documents for the above identified improvement program. PHASE IDESIGN DEVELOPMENT 1. Project Initialization 1.01 Initial kickoff meeting a. Review project criteria + program objectives b. Review procedures + design schedule c. Assign calendar dates to each milestone �.,.. :7 I io' ti 1.02 Data Collection a. Prepare site base maps; city to supply survey data for existing street improvements b. Collect utility information + record documents c. Catalogue available documents + plans 1.03 Perform Field Investigations /Staff Design Workshop a. Review site + conduct workshops with city maintenance personnel b. Confirm opportunities + potentials identified in concept plans c. Identify constraints + existing conditions d. Document design development areas 2. Design Development 2.01 Prepare layout plans + select materials a. Prepare initial design details b. Submit materials list for review c. Finalize design development plan with city staff d. Identify order of magnitude construction costs 3. Design Development Presentations 3.01 Prepare Graphic illustration of improvement details 3.02 Identify Costs + Alternatives 3.03 Present to committee, commission or council as necessary 3.04 Annotate design development documents Based Upon Input from City Staff PHASE I MEETINGS + DELIVERABLES 0 3 Meetings with City Staff Anticipated a Commission Presentation (if needed) 0 Site Base Map /Preparation 0 Design Development details and materials submittal 0 Construction Budget Estimate 0 Identify civil engineering scope of work PHASE II CONSTRUCTION DOCUMENTS 1. Construction Documents 1.01 Construction Plans a. Demolition plan b. Construction plan + details c. Irrigation plan + details d. Planting plan + details e. Prepare outline specifications 1.02 Specifications + Construction Cost Budget Estimate a. Prepare technical section specifications b. Prepare budget estimate 2. Quality Control + Final Submittal 2.01 Provide QA/QC Review by DVD Principal 2.02 Revise Documents Based Upon City Review 2.03 Turnover Final Construction Documents PHASE II MEETINGS + DELIVERABLES ® 2 Meetings Anticipated Plans, Specifications + Budget Estimate PROFESSIONAL FEES David Volz Design proposes to provide the identified scope of services on a time and materials basis. The proposed total fee estimate for these services is $195,690, plus $24,495 estimate for civil engineering. Electrical engineering, structural engineering and other professional support services are not anticipated to be needed at this time. Reimbursable expenses will be billed at cost plus 15 %. The estimated reimbursable cost is $2,500. The attached spreadsheet indicates the initial allotment of hours by task and item. The total proposed fee budget is $243,530.00. Invoicing will be prepared monthly for the hours expended. A listing of hours by task and personnel can be provided when requested. Post design services and other services not specifically listed are not included in this proposed fee. PROJECT SCHEDULE David Volz Design proposes to work closely with the City to accomplish the tasks identified in an efficient and mutually agreed upon schedule. The following schedule should allow for ample City reviews and time to prepare the project deliverables. Phase I Design Development • Project Initialization 3 weeks • Design Development S weeks • Design Development Presentations As Needed Phase II Construction Documents 1. Construction Documents Preparation 12 weeks 2. City Review 4 weeks 3. Final Construction Documents 3 weeks David Volz Design is looking forward to providing the project services to enable bidding and construction of this great improvement project. We are looking forward to working with you and all of the Newport Beach City staff to ensure a successful implementation of the version developed through the concept phase work that was completed last year. I will lead the DVD efforts and be your point of contact throughout this commission. Should you have any questions about this proposed or our proposed work effort, please do not hesitate to call. Very truly yours, D'vid J. Volz, RLA #2375 LEED Accredited Professional, QSD /P Attachment: Civil Proposal Civil Works Engineers June 28, 2012 Mr. David Volz David Volz Design 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 Subject: Balboa Boulevard Landscape Improvements City of Newport Beach Dear David: Thank you for the opportunity to present a fee proposal to provide basemapping, preliminary engineering, and construction documents related to the landscaping and irrigation within Balboa Boulevard in the City of Newport Beach. The following details our project understanding, proposed scope of work, and estimated fee. Proiect Understanding The City of Newport Beach is planning landscape and irrigation improvements within Balboa Boulevard from West Coast Highway to 22nd Street. The improvements will be based on your conceptual design dated November 2011 with the exception or no improvements in the area of Mix Master. The improvements are expected to include construction of raised medians, tree wells and new landscape and irrigation services. No improvements are expected within Caltrans right of way at West Coast highway. Scope CWE shall complete the following tasks: Task 1 - Survey Prepare aerial basemap. • Locate record street centerline and street right of way. • Complete one day of detailed ground survey at specific areas as required. We will prepare aerial basemaps for the project. This will involve flying the entire project limits, setting survey controls, and locating the street centerline. The existing street right of way will be based on the City's GIS system and APN maps. It is assumed the City will provide access to the latest GIS information. We are also including one day of detailed ground topographic survey within the project limits. The ground survey would be used to pick up specific information not shown on the aerial and required for the design. 3151 Airway Avenue, Suite T -1 , Costa Mesa . CA . 92626 T 714.966.9060 . F 714.966.9085 . www.civifwarksengtneers.com Balboa Blvd David Volz Design Note, it is our understanding that the City recently completed work within the project area and as such may have survey controlled basemap. If an acceptable basemap showing the project limits is available from the City, this task may be reduced or removed from our scope. Task 2 - Preliminary Engineering • Research and prepare basemap showing existing utilities within the street. • Visit the site to verify the basemap, determine any constraints and photograph the existing conditions. • Prepare preliminary layout of proposed medians and tree wells. • Attend design meetings at the City. • Coordinate with project team. It appears an existing sewer main is located at the center of the street. It is assumed the City has approved installing medians and new landscaping over the sewer pipe. Task 3 - Construction Documents • Using the City approved preliminary layout, prepare civil related construction documents, including: • Title Sheet • Typical Sections • Street Improvement Plan • Water Service Details • Street Construction Details • Prepare construction quantities and estimate • Prepare civil related specifications. • Respond to plan check comments. Attend design meetings at the City. • Coordinate with project team. Construction of street medians will be shown as a typical detail, profile of the new curbs is not included. Construction documents will be submitted to DVD. Task 4 - Construction Support Respond to RFIs and review civil related shop submittals. • Prepare as -built plans based on redlines provided by the CitytContractor. Visit the site as requested by the City. Fee Our fee to complete the above work is: Task 1 - Survey $ 20,845 Task 2 - Preliminary Engineering $ 4,925 Task 3 - Construction Documents $ 16,375 Task 4 - Construction Support $ 1,950 TOTAL $ 44,095 2 of 3 1 n` Balboa Blvd David Volz Design Exclusions The following items are excluded from our scope: • Irrigation and landscape design and calculations • Utility modifications, relocations, redesign due to conflicts with new improvements • Traffic control plans • City processing • Plan check and inspection fees • Caltrans improvements and processing • Coastal Commission coordination and processing If you have any questions please call David Grantham at 714- 966 -9060. We look forward to working with you again. Sincerely, Marie Marston, P.E. President 3of3 EXHIBIT B SCHEDULE OF BILLING RATES DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page B -1 1� 1. Balboa Blvd. from West Coast Highway to 32nd St. 88 1 140 1 80 1 180 1 12 1 500 1 $ 70,080.00 2. Balboa Blvd. to 22nd St. 16 64 34 66 8 188 $ 25,640.00 3. Balboa Blvd. and West Coast Highway Corner Improvements 20 72 24 72 8 196 1 $ 26,900.00 4. Meetings, Presentation and Exhibits 4 12 10 1 2 28 $ 3,870.00 Subtotal 128 288 1:38 328 30 912 $ 126:490.00 PPA,SE I HQVR5ANID 3i O ,1 1410 1196,400.00 > - JPI 20;845 ®o TOTAL PROPOSED SERVICES BUDGET $ 243,530.00 PRI= Principal PLA= Project landscape Architect PP= Project Professional CT= Cadd Tech A= Admin RimVid welim ®0061 "n 7/2/2012 Page 1 � _ � �-JA14� 1 135 1 12 1 1. Balboa Blvd. from West Coast Highway to 32nd St. 3 32 8 80 1 16 8 80 1 18 2 226 $ $ 3 30,980.00 2. Balboa Blvd, to 22nd St 2 24 3 30 4 4 4 40 4 4 1 102 $ $ 1 14,450.00 3. Balboa Blvd. and West Coast Highway Corner Improvements 2 24 2 28 4 4 4 48 4 4 1 108 $ $ 1 15,160.00 4. Meetings, Presentation and Exhibits 8 8 3 30 2 20 4 4 6 62 $ $ 8 8510.00 Subtotall 8 88 1 168 2 24 1 188 3 30 4 498 $ $ 6 69.- 200.00 —D T - - - - - - -- - — — — — — — — — - - — 1. Balboa Blvd. from West Coast Highway to 32nd St. 88 1 140 1 80 1 180 1 12 1 500 1 $ 70,080.00 2. Balboa Blvd. to 22nd St. 16 64 34 66 8 188 $ 25,640.00 3. Balboa Blvd. and West Coast Highway Corner Improvements 20 72 24 72 8 196 1 $ 26,900.00 4. Meetings, Presentation and Exhibits 4 12 10 1 2 28 $ 3,870.00 Subtotal 128 288 1:38 328 30 912 $ 126:490.00 PPA,SE I HQVR5ANID 3i O ,1 1410 1196,400.00 > - JPI 20;845 ®o TOTAL PROPOSED SERVICES BUDGET $ 243,530.00 PRI= Principal PLA= Project landscape Architect PP= Project Professional CT= Cadd Tech A= Admin RimVid welim ®0061 "n 7/2/2012 Page 1 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 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, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -1 1.3.4 Professional L.iabilitvvv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not Including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 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 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties The parties hereby agree to the following: 1.5.1 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. 1.5.2 City's Rip ht to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, iimits 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. 1.5.5 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. 1.5.6 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. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page C -3