HomeMy WebLinkAboutC-3766(A) - PSA for Concept Design Services for Sunset Ridge ParkIN
AMENDMENT NO. TEN TO
PROFESSIONAL SERVICES AGREEMENT
WITH EPTDESIGN FOR
SUNSET RIDGE PARK
THIS AMENDMENT NO. TEN TO PROFESSIONAL SERVICES AGREEMENT
("Agreement") is made and entered into as of this 29th day of December, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and EPTDESIGN, a California
corporation ("Consultant"), whose address is 401 Glenneyre Street, First Floor, Laguna
Beach, CA 92651, and is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement") to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project").
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On February 12, 2013, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. On July 26, 2013, City and Consultant entered into Amendment No. Seven to the
Agreement ("Amendment No. Seven") to increase the scope of work, increase
the scope of work, increase the total compensation and to update the City's
insurance requirements.
I. On December 11, 2013, City and Consultant entered into Amendment No. Eight
to the Agreement ("Amendment No. Eight") to reflect additional services not
included in the Agreement, or prior amendments, to increase the total
compensation, and update insurance requirements.
J. On January 2, 2015, City and Consultant entered into Amendment No. Nine to
the Agreement ("Amendment No. Nine") to reflect additional services not
included in the Agreement, or prior amendments, extend the term of the
Agreement to December 31, 2016 and to increase the total compensation.
K. City desires to enter into this Amendment No. Ten to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to December 31, 2017 and to increase the total compensation.
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, 2017, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement, as amended, shall be supplemented to include the
Scope of Services, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit A to the Agreement and Exhibits A of Amendments No.
One through Ten shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: "City shall pay Consultant for
the Services on a time and expense not -to -exceed basis in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Million Three Hundred Seventy Three
Thousand Five Hundred Forty Four Dollars and 001100 ($1,373,544.00), 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."
EPTDesign Page 2
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Ten,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seven Thousand Seven Hundred Fifteen Dollars and 00/100 ($7,715.00).
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]
EPTDesign Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Ten to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN Y'S FICE a California municipal corporation
Date: a �a Date: 11
By: By:
Aaron C. Harp m -y, Dave iff
City Attorney City Manager
ATTEST: CONSULTANT: EPTDesign, a California
Date: '� corporation
Date:
By: Jir
lt bm"
Lei ani I. Brown
City Clerk
Attachments
Signed in Counterpart
Bv:
Matt Durham
Vice President
Date:
By:_
Signed in Counterpart
Steve Carrol
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
EPTDesign Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Ten to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S FICE
Date: c
�.:.�•
..
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: EPTDesign, a California
corporation
Date: /Z!2�/�
By: By:
Leilani I. Brown Matt Durham
City Clerk Vice President
Date: I (,,,q- t7
Ste arrol
Chief Financial Office
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
EPTDesign Page 4
EXHIBIT A
SCOPE OF SERVICES
EPTDesign Page A-1
09December2016
Andy Tran
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
otra n @newortbeach co.aov
Re: Sunset Ridge Park
t Additional Services
Amendment No. 10
EPTDESIGN Project Number E07-51 1
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
landscape architectural services:
Task 1: Urban Resource Services
A. Feasibility Evaluation
Prepare a Feasibility Evaluation for constructing an
on-site parking lot and an access road to the City of
Newport Beach's recently constructed Sunset Ridge
Park- The scope of services included:
-revised parking lot design for access road to condo
property
- earthwork for parking lot and access road concept
- parking lot site plan updates per City comments
k - expanded parking lot concept plan per traffic
comments
- parking lot option studies (6)
- revised coastal commission exhibits
- preliminary cost estimate for parking lot concept
- section view though parking lot concept
• research and findings for alternative parking lot
materials
parking lot option summary analysis for 5 optional
designs
` Andy Tran
Sunset Ridge Park
09 December 2016
Page 2 of 2
• updated 6 exhibits for parking lot options
• cost estimates for the 6 parking lot options
• redlined sections for earthwork and grading at
parking lot options
• updated parking lot section per City comments
- file coordination with Puscoe
Subtotal Task 1
Task 2: Coordination and Management of Urban Resource
$ 7,015
Subtotal Task 2 700
Total Contract Change Order Amount Requested: $ 7,715
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
` If you have any questions or comments please call me.
Sincerely,
Matt Durham, ASLA
Principal
EPT
THIS AMENDMENT NO. NINE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement') is made and entered into as of this 2nd day of January, 2015 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City'), and EPTDESIGN, a California corporation
("Consultant'), whose address is 9821 Irvine Center Drive, Irvine, California 92618, and
is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On February 12, 2013, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. On July 26, 2013, City and Consultant entered into Amendment No. Seven to the
Agreement ("Amendment No. Seven") to increase the scope of work, increase
u
S
AMENDMENT NO. NINE TO
PROFESSIONAL SERVICES AGREEMENT
WITH EPTDESIGN FOR
SUNSET RIDGE PARK
THIS AMENDMENT NO. NINE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement') is made and entered into as of this 2nd day of January, 2015 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City'), and EPTDESIGN, a California corporation
("Consultant'), whose address is 9821 Irvine Center Drive, Irvine, California 92618, and
is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On February 12, 2013, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. On July 26, 2013, City and Consultant entered into Amendment No. Seven to the
Agreement ("Amendment No. Seven") to increase the scope of work, increase
the scope of work, increase the total compensation and to update the City's
insurance requirements.
I. On December 11, 2013, City and Consultant entered into Amendment No. Eight
to the Agreement ("Amendment No. Eight') to reflect additional services not
included in the Agreement, or prior amendments, to increase the total
compensation, and update insurance requirements.
J. City desires to enter into this Amendment No. Nine to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to December 31, 2016 and to increase the total compensation.
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, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement, as amended, shall be supplemented to include the
Scope of Services, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit A to the Agreement and Exhibits A of Amendments No.
One through Nine shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work").
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: "City shall pay Consultant for
the Services on a time and expense not -to -exceed basis in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Million Three Hundred Sixty Five
Thousand Eight Hundred Twenty Nine Dollars and 001100 ($1,365,829.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Nine,
EPTDesign Page 2
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Thousand Five Hundred Eight Dollars and 001100 ($40,508.00).
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]
EPTDesign Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Nine to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By:
Aaron C. Harp Urns
City Attorney
ATTEST:
Date:
N4
By: i
&,--
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Z14t<
By:
Dave iff
City Manager
CONSULTANT: EPTDesign, a California
corporation
Date: _l• /Z • /S
Vice President
Date:
a =1=1111►11111��111/,1►/
•
[END OF SIGNATURES]
Exhibit A — Scope of Services and Schedule of Billing Rates
EPTDesign Page 4
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
EPTDesign Page A-1
11 December 2014
Andy Tran
City of Newport Beach
1 Civic Center Drive
Newport Beach, CA 92660
Re: Sunset Ridge Park / Amendment No.: 9
EPTDESIGN Project Number E07-511.11
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
landscape architectural services: s
Task 1: Thornton-Tomosetti provided additional structural !,
Iso engineering construction admin beyond the original 1
contract, which will include the following:
• Review of Shop Drawings submitted by the Contractor
• Response to RFI's
• Provide additional information to respond to field
conditions.
Subtotal Task 1: $ 4,500
Task 2: West Coast Design provided additional electrical engineering beyond
lall the original contract, which included the following:
• Modify Park Electrical Plans to accommodate the new
transformer location.
• Additional conduit and wire to building and new
building transformer
Subtotal Task 2: 1,200
Task 3: Ron Yea Architects provided additional services beyond the
original contract, which include the following:
• Per City of Newport Beach request; revise gate locking
system from a padlock to one that can be programmed
so that the gate can be locked and unlocked at specific
times. This will require revising the gate details to
accommodate the locks.
Subtotal Task 3: 3,930
Task 4: EPTDESIGN's provided additional construction
administration services beyond the original contract, which
included 91 Request for Information services, extensive
submittal reviews and tree tagging at several nurseries over
a three day period.
Subtotal Task 4: 20,878
landscape architecture I urban design I planning
Andy Tran
Gy of Newport Beach
11 December 2014
Page 2 of 2
Task 5: EPTDESIGN will provide the following services and plans
3.7 for the ungraded slope along Superior Avenue per the
CiVs request:
• Prepare Landscape Concept Plan for Cily and Coastal
Commission review
• bonTerra PSOMAS will assist EPTDESIGN with the site
review and planting concept
• Allow for Plan adjustments after reviews
• Irrigation Construction Plans and Details
• Planting Construction Plans and Details
Subtotal Task 5: 10,000
Total Contract Change Order Amount Requested: $ 40,508
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
EPTDESIGN
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/10/15
Dept./Contact Received From: Raymund
Date Completed: 2/10/15 Sent to: Raymund By: Chris
Company/Person required to have certificate: EPT Design, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/14/14-7/14/15
A.
INSURANCE COMPANY: Travelers Indemnity Co. of Conn
B.
AM BEST RATING (A- : VII or greater): A+:XV
C.
ADMITTED Company (Must be California 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
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
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: 7/14/14-7/14/15
A. INSURANCE COMPANY: Travelers Property Casualty Co
B. AM BEST RATING (A-: VII or greater) A+:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M 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
A.
E
x
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/1/14-9/1/15
INSURANCE COMPANY: Travelers Property Casualty Company
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2/10/15
Date
/1 Yes
■ No
.1 Yes
■ No
1,000,000
►1 Yes
■ No
►1 ■ Yes
■ No
■ ►1 Yes
■ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
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 Date
* Subject to the terms of the contract.
st
AMENDMENT NO. EIGHT TO
PROFESSIONAL SERVICES AGREEMENT
WITH EPT DESIGN FOR
SUNSET RIDGE PARK
THIS AMENDMENT NO. EIGHT TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Eight") is made and entered into as of this 11th day of
December, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and EPT DESIGN, a California
corporation ("Consultant"), whose address is 9821 Irvine Center Drive, Irvine, CA
92618, and is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement") to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four'") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On February 12, 2014, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. On July 26, 2013, City and Consultant entered into Amendment No. Seven to the
Agreement ("Amendment No. Seven") to increase the scope of work, increase
the scope of work, increase the total compensation and to update the City's
insurance requirements.
City desires to enter into this Amendment No. Eight to reflect additional Services
not included in the Agreement, or prior amendments, to increase the total
compensation and update insurance requirements.
J. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement, as amended, shall be supplemented to include the
Scope of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit A of the Agreement and Exhibits A of Amendments No.
One thru Eight shall collectively be known as "Exhibit A." The City may elect to delete
certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: "City shall pay Consultant for
the Services on a time and expense not -to -exceed basis in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Million Three Hundred Twenty Five
Thousand Three Hundred Twenty One Dollars and 001100 ($1,325,321.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Eight,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Nine Thousand Eight Hundred Dollars and 001100 ($49,830.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement, as amended, shall remain unchanged and shall be in full
force and effect.
[SIGNATURES ON NEXT PAGE]
EPT DESIGN Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Eight to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT R E 'S OFFICE
Date:
(IAA,
Y:
Aaron C. Harp 1/0
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
ATTEST: CONSULTANT: EPT DESIGN, a
Date: H -s-14 California corporation
Date: A2 . /g , /3
By: By: hAff 444411�
Leilani I. Brown Mat Durham
City Clerk Vice President
\�/P Date: ��• ?,4 /�
t�
Ste arrol
f er
Chief Financial Offic r
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
EPT DESIGN Page 3
IIII
001 U •
EPT DESIGN Page A-1
20 November 2013
Andy Tran
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Sunset Ridge Park - C-3449
EPTDESIGN Project Number E07-511.10 — Amendment No. 8
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
Landscape Architectural services:
Coastal Commission Studies and Revisions:
rl
pit
• Prepared several planting exhibits for California Coastal'
f;
Commission reviews``
• Make numerous plant palette adjustments to satisfy
California Coastal Commission special conditions
,Tti�u�,`�t
• Remove number of trees, and large shrubs in the CSS
9
t`" ',t`
areas
t°
,r
• Remove most of the trees in the foraging area.
f `a t'a
• Revise final draft construction drawings, including:
1) Addition of CSS seed mix designs
2) Revise construction drawing planting counts1<`
a
3) Revise construction drawing irrigation plans
i
w,
• Multi conference calls with California Coastal
Commission and attend meeting with the CCC in Ventura
.
• Coordinate with BonTerra on foraging habitats
Additional Plans and Exhibits:t.
• HOA landscape and Fencing Plans
• Marketing Illustrative Plan for construction sign
Printing Reimbursement Costs: $ 2,000
Total Coastal Commission Studies and Revisions: 47.830
Total Contract Change Order Amount Requested: $ 49,830
Andy Tran
20 November 2413
Sunset Ridge Park - C-3444
Amendment No.: 8
Page 2 of 2
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
P.I.S. it/ZQLU _Amendment
EPT '_`r';
EPT DESIGN Page B-1
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I THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Seven") is made and entered into as of this 26th day
of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and EPT DESIGN, a California
corporation ("Consultant"), whose address is 9821 Irvine Center Drive, Irvine, CA
92618, and is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project").
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On January 23, 2012, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. City desires to enter into this Amendment No. Seven to reflect additional
Services not included in the Agreement, or prior amendments, to increase the
total compensation and update insurance requirements.
AMENDMENT NO. SEVEN TO
PROFESSIONAL SERVICES AGREEMENT
r—
WITH EPT DESIGN FOR
SUNSET RIDGE PARK
I THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Seven") is made and entered into as of this 26th day
of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and EPT DESIGN, a California
corporation ("Consultant"), whose address is 9821 Irvine Center Drive, Irvine, CA
92618, and is made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project").
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement ("Amendment No. One") to increase the scope of work and to
increase the total compensation.
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the scope of work and to
increase the total compensation.
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the scope of work and to
increase the total compensation.
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement ("Amendment No. Four") to increase the scope of work, extend the
term of the Agreement to December 31, 2012, to increase the total compensation
and update insurance requirements.
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement ("Amendment No. Five") to increase the scope of work and to
increase the total compensation.
G. On January 23, 2012, City and Consultant entered into Amendment No. Six to
the Agreement ("Amendment No. Six") to increase the scope of work, to extend
the term of the Agreement to December 31, 2014 and to increase the total
compensation.
H. City desires to enter into this Amendment No. Seven to reflect additional
Services not included in the Agreement, or prior amendments, to increase the
total compensation and update insurance requirements.
City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Exhibit A to the Agreement, as amended, shall be supplemented to include the
Scope of Services attached hereto and incorporated herein by reference ("Services" or
"Work"). Exhibit A of the Agreement and Exhibits A of Amendments One thru Seven
shall collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: "City shall pay Consultant for
the Services on a time and expense not -to -exceed basis in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed One Million Two Hundred Seventy Five
Thousand Four Hundred Ninety One Dollars and 001100 ($1,275,491.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Seven,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Eighteen Thousand Nine Hundred Dollars and 001100 ($118,900.00).
3. INSURANCE
Section 14 of the Agreement, as amended, is amended in its entirety and
replaced with the following: "Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement, as amended, shall remain unchanged and shall be in full
force and effect.
[SIGNATURES ON NEXT PAGE]
EPT DESIGN Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Seven to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RN Y'S OFFICE
Date:
By:a VVV
L-----
Aaro6
C. Harp
City Attorney
ATTEST:
Date:
: k9 l �-�
Y
W—
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Q 1!6 1 kn�
By:
Dave Ki
City Manager
CONSULTANT: EPT DESIGN, a
California corporation
Date:
By: Amq&441t�
Richard H. Vanderwood, Jr.
Principal 4477–,U i'9~
Date: Yi•
�r
B
Stev arroI
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services dated July 1, 2013
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
EPT DESIGN Page 3
EXHIBIT A
SCOPE OF SERVICES
EPT DESIGN Page A-1
landscape ord,iecture I urban design I planning
01 July 2013
Andy Tran
City of Newport Beach
3300 Newport Blvd 10
Newport Beach, CA 92663
Re: Sunset Ridge Park
EPTDESIGN Project Number E07-511.10 — Amendment No. 7
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
Landscape Architectural services:
• Revise the Butterfly Garden Plan to comply with Coastal
Commission conditions.
• Add a drainage curtain to the Civil Engineering Plans
• Add a HDPE infiltration system to Engineering Plans
• Revise the Superior Avenue staircase to allow drainage
water to pass through
• Revise the irrigation to include pump because of existing
water pressure.
• Revise the Electrical Engineering and Utility Plans to
accommodate a three (3) phase irrigation pump.
• Revise Tot Lot Details to install a new play surface
material, per Cities direction.
• Revise the Veduro Wall, and Grading Plans to eliminate
earth shoring at property line.
• Allowance to address potential Coastal Commission
comments from the current review.
• Allowance for adjustments to Plans from Cities final plan
review
Total Contract Change Order Amount Requested: $ 118,900
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
PLS. ] 1 1 / endreeet No. 7 Signed
9221 I-,;ne Cer,tar Lh ve, {wine, CA 92t,18
71 9c4.602 A50C F 1949_SC^<.d51(i onov._eptde>ign.eom
EXHIBIT B
SCHEDULE OF BILLING RATES
EPT DESIGN Page B-1
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
EPT DESIGN Page B-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 in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
EPT DESIGN Page B-2
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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
K Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
EPT DESIGN Page B-3
judgment may be necessary for its proper protection and prosecution of
the Work.
EPT
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/13113 Dept./Contact Received From:
Date Completed: 8/13/13 Sent to: Lucie By: Chris/Renee
Company/Person required to have certificate: EPT Design, Inc.
Type of contract: All Others
L GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/14/13-7114/14
A.
INSURANCE COMPANY: Travelers Indemnity Co. of Conn
B.
AM BEST RATING (A-: VII or greater): A+;XV
C.
ADMITTED Company (Must be California 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
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
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):
® NIA ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/14/13-7/14/14
A.
INSURANCE COMPANY: Travelers Property Casualty Co
B.
AM BEST RATING (A-: Vil or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. Bi & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
00001000 _
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:
❑ NIA 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION
DATE: 7/14/13-7/14/14
A.
INSURANCE COMPANY: Travelers
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Yes
M No
D.
WORKERS' COMPENSATION LIMIT: Statutory
0 Yes
E3 No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
0 Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
N/A [I Yes
[--]No
H.
NOTICE OF CANCELLATION:
E] N/A Z Yes
E] No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
V.T=.
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
8/13/13
Date
0 NIA D Yes El No
Z N/A [I Yes n No
Z NIA [I Yes 171 No
TH - M �
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than El NIA Ll Yes n No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
AMENDMENT NO. SIX TO
PROFESSIONAL SERVICES AGREEMENT
g WITH EPT DESIGN FOR
SUNSET RIDGE PARK
I� THIS AMENDMENT NO. SIX TO AGREEMENT FOR PROFE�S,I$IONAL
SERVICES ("Amendment No. Six") is made and entered into as of this )2tday of
} February, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ("City"), and EPT Design, a California corporation
("Consultant"), whose address is 9821 Irvine Center Drive, Irvine, CA 92618 and is
made with reference to the following:
RECITALS
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement") to provide engineering services for the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. One").
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Two").
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Three"),
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement to increase the scope of work, extend the term of the Agreement to
December 31, 2012, to increase the total compensation and update insurance
requirements ("Amendment No. Four").
F. On January 23, 2012, City and Consultant entered into Amendment No. Five to
the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Five").
G. City desires to enter into this Amendment No. Six to reflect additional services
not included in the Agreement, or prior amendments, to extend the term of the
Agreement to December 31, 2014 and to increase the total compensation.
H. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows: EIVE
rJCAN 2 1 2013
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 September 25, 2007, and
shall terminate on December 31, 2014 unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated December 11, 2012, attached hereto 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.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
incorporated herein by reference.
Section 4 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates 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 One Million One Hundred Fifty Six Thousand Five Hundred
Ninety One Dollars and 001100 ($1,156,591.00) 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. 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]
EPT Design Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I / G / r3
By: r1'� C �—
Aaron C. Harp
City Attorney kD
ATTEST:
Date: � '
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California m ni ipal corporation
Date:
By. �� Z
Keith Curry
Mayor
CONSULTANT: EPT Design, a California
corporation
Date:
By: .- ill&x
Richard H. anderwood, Jr.
Principal
Date:—/, 14.1-12
Stev arrol
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work dated December 11, 2012
Exhibit B — Fee Schedule
EPT Design Page 3
EXHIBIT A
SCOPE OF WORK DATED DECEMBER 11, 2012
EPT Design .. .
LL
11 December 2012 Revised
Andy Tran
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park
EPTDESIGN Project Number E07-511.10
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
landscape Architectural services:'
pry,
Task 1: Original contracted professional service items were utilized
for billing purposes from July 2009 through August 2011'`'"'�''"
for the additional preliminary services that were requested
by the City of Newport Beach. To respond to California
Coastal Commission Park plan reviews. This change order
is requesting that the funds that were utilized for the billing
of the additional services be replenished to their original
Y
amount; so that those fees can be used for the service that
was originally intended. The following is a general
summary of the additional services that were completed
during this period and approximately 400 exhibits were
prepared for these additional services.
• Planting Diagram Studies
• Alternative Park Entries from PCH and Superior
Street
+ Preliminary Hydrology and Water Quality
quantifications and reports for the use of BonTerra
for the Environmental Impact Report
NBR easement and agreement descriptions and
depictions
Additional Meetings with NBR, Fuscoe and City
e Multiple entry road studies (15-20), including
horizontal and vertical control, design, speed,
grading and earthwork studies for each option.
Coordination with Fuscoe and City
+ NBR Fill Site Grading and earthwork
• Coastal Commission aerial photo exhibits (15-20
versions)
• Pacific Coast Highway entrance studies
• Caltrans Exhibits for coordination meeting
9821 Irvine Center Drive, Irvine, CA 92618
T 1949.502.4500 f 1949.502.4510 www.epldesi0n.com
Andy Tran
29 November 2012
11 December 20€2 Revised
Page 2 of 4
• Security Fence Plan
• Coastal Commission PCH slope grading studies
• Coastal Commission exhibits, studies and earthwork
for new entry concepts and Superior entrance
alternatives. Grading studies and aerial photo
exhibits and vegetation
• Notice of Violation coordination, buffers and
exhibits
ESHA boundaries, buffers and exhibits
• Coastal Commission coast estimates
• Entry turning radius studies
• BonTerra exhibits and coordination
• Revised parking lot concepts and layout engineering
• Exhibits for adjacent site HOA meeting
• 3D views and Google earth visualizations
• County Approval in Concept coordination
• Project Description assistance
Task € Total fee: $6€,84€
Task 2: As a result of the Task 1 studies and the Coastal
Commission conditions, the EPTDESIGN team will make
the following revisions to the construction plans, details,
and specifications.
• Remove Parking Lot
• Develop a new tot lot with sky shade
• Remove PCH entry and entry road
= Revisions to Park planting plans
= Construction details
On -Site Demolition plan
• Rough Grading Plans
= Precise Grading Plans
• On -Site Storm Drain Plan
• Sewer and Water Utility Plan
• Water Quality Management Plan (WQMP)
Earthwork Calculations
• Add Gravel Maintenance Road
• Install Zone Fencing
• Add Switchback walk from PCH
= Remove drinking fountains
+ Comply with CCC Special Conditions # 2,5,6 and B
Task 2 Total Fee: 207,650
Task 3: Construction Administration Services Phase
To assist the Client in the observation of construction quality and
process; EPTDESIGN, Urban Resource, Ron Yeo, RGI, and West Coast
Andy Tran
29 November 2012
11 December 2012 Revised
Page 3 of 4
Design will provide the following construction services through the
completion of the project:
Process
1. Upon commencement of site work construction, EPTDESIGN will
assist the Client in the observation of construction activity, quality
and process, and administer necessary review documentation and
coordination through the completion of the landscape and
hardscape installation, and subsequent acceptance reviews.
Process
2. EPTDESIGN shall make periodic visits to the site to become familiar
with the progress and quality of construction and to determine if the
construction is in accordance with the EPTDESIGN design intent and
construction documents. During such visits and on the basis of
observations while at the site, EPTDESIGN will keep the Client
informed of the progress of construction. EPTDESIGN may
recommend to the Client the rejection of work failing to conform to
the contract documents.
During this phase, EPTDESIGN will
a. Attend one (1 ) meeting at the project site and/or public
agencies to provide pre construction coordination.
b. Respond to contractor requests for information in a prompt
manner,
c. Review and approve shop drawings and submittals of materials
specified by EPTDESIGN construction documents within two (2)
weeks of complete submission to EPTDESIGN.
d. Prepare Bulletins, Requests for Information (RFI`s).
e. Provide Field Reports to document the site visit process.
f. Attend a maximum of thirty (30) construction meetings with the
Client, contractor and their subcontractors at the project site
over the duration of the construction process. As part of these
site visits, EPTDESIGN will:
i. Review irrigation installation and conduct coverage tests
ii. Visit nursery for tree tagging and material selection
iii. Review and approve plant material placement, and
coordinate field changes
iv. Review hardscape formwork and installation for quality and
workmanship
v. Review shade sail structures and installation
vi. Review irrigation installation
vii. Inspect installation and prepare a "punch list° to be
complied to prior to beginning of maintenance period.
EPTI,;
Andy Tran
24 November 2012
11 December 2012 Revised
Page 4 of 4
viii. At the end of the maintenance period, EPTDESIGN shall
conduct a final inspection and upon finding the project
acceptable, EPTDESIGN will recommend acceptance of the
landscape elements installation to the Client.
Task 3 Total Fee: 87,870
Meetings 9,600
Reimbursables
Grand Total:
Balance of Original Contract, Including Change Orders:
Total Contract Change Order Amount Requested:
DESIGN TEAM:
EPTDESIGN
Urban Resource
Ron Yeo
RGI
West Coast Design
Landscape Architecture
Civil Engineer
Architecture
Utility Consultant
Electrical Engineering
381,161
-179,128
$ 202,033
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
EXHIBIT B
FEE SCHEDULE
EPT Design Page B-1
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AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT WITH
EPTDESIGN, INC. FOR
SUNSET RIDGE PARC
THIS AMENDMENT NO. FIVE TO PROFESSI NAL SERVICES AGREEMENT
("Amendment No. Five"), is entered into as of this Zrday of I � 2012,
by and between the CITY OF NEWPORT BEACH, a California Municipal✓Corporation
("City"), and EPTDESIGN, INC., a California Corporation, whose address is 9821 Irvine
Center Drive, Irvine, California 92618 ("Consultant"), and is made with reference to the
following:
RECITALS:
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') for engineering services for the conceptual
design drawings for the landscape development of Sunset Ridge Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. One").
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Two").
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Three").
E. On April 12, 2011, City and Consultant entered into Amendment No. Four to the
Agreement to increase the scope of work, extend the term of the Agreement to
December 31, 2012, to increase the total compensation and update insurance
requirements.
F. City desires to enter into this Amendment No. Five to reflect additional services
not included in the Agreement or prior Amendments, and to increase the total
compensation.
G. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as amended shall be supplemented to include the Scope of
Services dated December 14, 2011, which is attached hereto as Exhibit 'A' and
incorporated herein by reference. The City may elect to delete certain tasks of the
Scope of Services at its sole discretion.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, as amended shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to -exceed basis in accordance with the provisions
of this Section, the Schedule of Billing Rates and the Scope of Services attached to the
Agreement. Consultant's total amended compensation for all work performed in
accordance with this Agreement, and all prior amendments, including all reimbursable
items and subconsultant fees, shall not exceed Nine Hundred Fifty -Four Thousand, Five
Hundred Fifty -Eight Dollars and no/100 ($954,558.00) without prior written authorization
from City ("Total Amended Compensation"). No billing rate changes shall be made
during the term of this Agreement without the prior written approval of the City.
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Five, including all reimbursable items and
subconsultant fees, in an amount not to exceed Forty -Eight Thousand, Six
Hundred Fifty -Five Dollars and no/100 ($48,655.00), without prior written
authorization from City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Five on the dates written below.
APPROVED AS TO FORM:
OFFICE OE THE CITY ATTORNEY
Aaron -C. Harp
City Attorney
V
ATTEST
Date:
By: i&�rU,Y�"-
Leilani
I. Brown
City Clerkper-
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: � C, V -✓1 A
Dave KiffJ V U
City Manager
CONSULTANT: EPTDESIGN, INC., a
California Corporation
Date: / f •� t_
By:
Richard H. Vanderwood, Jr.,
Vice President
Date: 1 • � •
Steve-cWolw•
OfficerChief Financial
Attachment: Exhibit A - Scope of Services
EXHIBIT A
landscape architecture I urban design I planning
14 December 2011
Andy Tran Ma
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park /Amendment 5
EPTDESIGN Project Number E07-511.10
Andy:
EPTDESIGN is requesting a contract change order for the following additional
landscape architectural services:
Task 1: Original contracted professional service items were utilized for
billing purposes from July 2009 through December 2011 for the
additional preliminary services that were requested by the City of
Newport Beach. To respond to California Coastal Commission Park
plan reviews. This change order is requesting a portion of the funds
that were utilized and exceeded for the billing of the additional
services and allow for additional plan studies/adjustments during
the Coastal Commission review process.
Exceeded Compensation 17,050
Plan Studies and Revisions 27,605
Meetings 2000
Reimbursables 2000
Task 2 Total Fees: $48,655
Total Contract Change Order Amount Requested: $ 48,655
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
P.I.S. 12.13-11 c.o... 4 signed
9821 Irvine Center Drive, Irvine, CA 92618
T 1 949.502.4500 F 1 949.502.4510 www.eptdesign.com
a :A
z
Design Studies in Response to Coastal Commission
EPTDESIGN I Urban Resource I Totals
Process
Site Visit
425.00
300.00
725.00
Design
5,500.00
4,500.00
10,000.00
Pro'ect Management
3,000.00
3,500.00
6,500.00
Meetings
2,000.00
1,380.00
3,380.00
Subtotal
10,925.00
9,680.00
20,605.00
Product
.Planting Diagrams
6,550.001
1
6,550.00
Quanity Take Offs
2,500.001
2,500.00
5,000.00
Studies
6,000.001
6,500.001
12,500.00
.Design
Subtotal
15,050.001
91000.00
24,050.00
Meetin s 1
1,0000001
1,000.001
2,000.00
Reimbursables
2,000.00
2,000.00
Subtotall
3,000.001
1,000.001
4,000.00
Totall 28,975.001 19,680.00 48,655.00
Sunset Ridge Park
Fee Schedule
12/13/2011
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT WITH
EPTDESIGN, INC. FOR
SUNSET RIDGE PARK
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four"), is entered into as of this _124�-day of A-Q/ZII, , 2011,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
("City"), and EPTDESIGN, INC., a California Corporation whose address is 9821 Irvine
Center Drive, Irvine, California 92618 ("Consultant'), and is made with reference to the
following:
RECITALS:
A. On September 25, 2007, City and Consultant entered into a Professional
Services Agreement ("Agreement') for engineering services for the in the
conceptual design drawings for the landscape development of Sunset Ridge
Park ("Project').
B. On September 18, 2008, City and Consultant entered into Amendment No. One
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. One").
C. On November 25, 2008, City and Consultant entered into Amendment No. Two
to the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Two").
D. On March 9, 2010, City and Consultant entered into Amendment No. Three to
the Agreement to increase the scope of work and to increase the total
compensation ("Amendment No. Three").
E. City desires to enter into this Amendment No. Four to reflect additional services
not included in the Agreement or prior Amendments, to extend the term of the
Agreement to December 31, 2012, to increase the total compensation and
update insurance requirements.
F. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, as amended shall be amended in its entirety and replaced
with the following: The term of the Agreement shall terminate on December 31, 2012,
unless terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as amended shall be supplemented to include the Scope of
Services dated July 22, 2010, which is attached hereto as Exhibit 'A' and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of Services
at its sole discretion.
3. COMPENSATION
The introductory paragraph to Section 4 of the Agreement as amended, shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to -exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement.
Consultant's total amended compensation for all work performed in accordance with this
Agreement and all prior amendments, including all reimbursable items and
subconsultant fees, shall not exceed Nine Hundred Five Thousand, Nine Hundred
Three Dollars and no/100 ($905,903.00) without prior written authorization from City
("Total Amended Compensation").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Four, including all reimbursable items and
subconsultant fees, in an amount not to exceed Sixty -Six Thousand,
Seven Hundred Eight -Five Dollars and no/100 ($66,785.00), without prior
written authorization from City.
4. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non -renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
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.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract 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.
iii. 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.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Four on the dates written below.
APPROVED AS TO FORM:
OFFICE OF TH CITY ATTORNEY
Date: 2' 28 Q i
By:
David R. Hunt
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: :� C �-,.
Dave Ki
City Manager
CONSULTANT: EPTDESIGN, INC., a
California Corporation
Date: 3 -/S //
By:
Richard Vanderwood, Jr.
Vice President
Date: � 'I0-- if
By.
Steve Ca rol
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
EXHIBIT A
landscape architecture I urban design I planning
22 July 2010
Mike Sinacori
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park
EPTDESIGN Project Number E07-511.10 - Change Order 2
Dear Mike:
EPTDESIGN is requesting a contract change order for the following additional
landscape architectural services:
Task 1 : BonTerra Consulting
A. Preparation of, California Department of Fish and
Game Section 1602 Notification for a Streambed
Alteration Agreement Application $
B. Preparation of, Regional Water Quality Control Board
Waste Discharge Requirement (WDR)
C. Regulatory Permit Processing
D. Biological and Wetlands Resources Technical Support
BonTerra Consulting Total Fees
Task 2: Urban Resource Consulting
p4C35t
A. Additional boundary survey and analysis
B. Project EIR and BonTerra coordination and exhibits
Task 3: C. Additional exhibits for the City and HOA meeting
t14C3.6)
D. Prepare additional studies for the entry plaza at PCH
for lane configuration and turn around.
E. Grading and earthwork for two (2) new entry road
concepts.
F. Alternative entry study
Urban Resource Consulting Total Fees
9821 Irvine Center Drive, Irvine, CA 92618
T 1949.502.4500 F 1949.502.4510 www.eptdesign.com
C)
9,386
10,778 )
15,877
13,374
49,415
2,760
4,600
2,070
805
3,450
115
13,800
landscape architecture I urban design I planning
Mike Sinacori
220 July 2010
Page 2 of 2
Task 4: Fuscoe Engineering
A. Prepare Bluff Road plan and profile. 5,000
B. Revise study based on City of Newport Beach
comments 2 500
Fuscoe Engineering Total Fees 7,500
Task 5: EPTDESIGN Consultant coordination and Management 8,095
Task 6: ESA Credit
(12,025)
Total Contract Change Order Amount Requested: $ 66,785
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
P.1.5. 7-222010 <.o. no. 2 signed
EPTDESIGN
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 3-24-I1
Dept./Contact Received From: Shauna
Date Completed: 3-24-11 Sent to: Shauna By: Joel
Company/Person required to have certificate: EPT Design, Inc.
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co. of America
a
AM BEST RATING (A-: VII or greater): A+: XV
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
F. ADDITIONAL -INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
$1M Oce/$2M Aeereeate
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
H. 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
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail, per Lauren Farley, the City will accept the
endeavor wording.
Issuing insurer will mail written notice.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co. of America
B. AM BEST RATING (A-: VII or greater) Aq : XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided? $1.000.000 CSL
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Issuing insurer will mail written notice.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Property Casualty Co. of America
B. AM BEST RATING (A-: VII or greater): A+: XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
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
March 24. 2011
Date
❑ Requires approval/exception/waiver by Risk Management B&B initials
Comments:
Approved:
Risk Management
Date
® Yes ❑ No
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH EPT DESIGN FOR
SUNSET RIDGE PARK FINAL DESIGN SERVICES
THIS AMENDMENT NO. THf3EE TO PRQFESSIONAL SERVICES
AGREEMENT, is entered into as of this f" day of 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY'), and EPT
DESIGN, INC., a California Corporation whose address is 9821 Irvine Center Drive,
Irvine, California 92618 ("CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On September 25, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for professional
engineering services for the conceptual design drawings for the landscape
development of Sunset Ridge Park, hereinafter referred to as "PROJECT."
B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the
AGREEMENT, the latest dated November 25, 2008.
C. Due to circumstances not reasonably foreseeable at the time of the
AGREEMENT or prior AMENDMENTS CITY desires to enter into this
AMENDMENT NO. THREE to reflect additional services not included in the
AGREEMENT or prior AMENDMENTS and to increase the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. THREE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO.'s ONE and TWO, CONSULTANT shall diligently perform all
the services described in AMENDMENT NO. THREE including, but not limited to,
all work set forth in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
2. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eight
Hundred Thirty -Nine Thousand, One Hundred Eighteen Dollars and no/100
($839,118.00) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. THREE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Seventy -One Thousand,
Six Hundred Sixty Dollars and no/100 ($71,660.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
THREE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B � A I ] _ZX1LUV
;;eo ie Mulvihill,
Assistant City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
BY:
Keith D. Curry,
Mayor
CONSULTANT: EPT DESIGN, INC.
By.::� ®�
Richard H. Vanderwood, Jr.,
Vice President
tte 4Cea'r r(o ,
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
2
EXHIBIT A
Il!
12 October 2009
Revised 09 February 2010
Mike Sinacori
City of Newport Beach
3300 Newport Blvd '
Newport Beach, CA 92663
Ret Sunset Ridge Park
EPTDESIGN Project Number E07-51 1.10
Dear Mike:
EPTDESIGN is requesting a contract change order for the following additional
0
landscape architectural services:
Urban Resource Consulting
Task I: Additional Survey Staking and Topography
((.a II Prepare survey calculations and stake the centerline
alignment for the park entry road and the limits of grading
for the Banning Ranch property as requested by the City
for the field walk and the environmental field survey.
Survey topography the existing deck elevations for the
existing building along the west side of the condo complex
in order to establish possible grading heights for the top of
slope and potential view corridor. 3,680
IF
Task 2: Survey Topography of Existing Back -Stop
P 4O.1) Survey topography for the horizontal and vertical limits of
the existing baseball diamond backstop at the Lyons Park,
as requested by Mike at Ike City of Newport Beach.
Prepare an exhibit illustrating the dimensional information. 460•
Task 3: Additional Preliminary Engineering for the Sunset Ridge
a,a.zi Park Entrance
Fs„:
Prepare additional grading studies, CAD grading plans,
earthwork calculations and exhibits for Ike additional entry
options. Attend additional meetings with the City, Banning
'z
Ranch and Fuscoe Engineering; as required to prepare
these options. Coordinate and distribute digital file and
base information to the project team as required.
r
i .19 f,rp 1',Ilp 1 ) : ! 'r0'• ..r 1” .. ��} lo��
Mike Sinacori
Sunset Ridge Park
12 October 2009
Revised 09 February 2010
Page 2 of 5
EPTDESIGN, was required to prepare and coordinate
these options. Coordinate and distribute digital file and
base information to the project team as required. 18,355
Task & Additional Boundary Survey and Analysis
Additional research, field survey work and mapping as
required to establish the street right of way for Pacific
Coast Highway northerly of our project boundaries. The
location and analysis of the existing survey monuments
was required for the additional street improvements and
right of way dedication along PCH including the latest
entry design and the left turn pockets on sovthbound PCH
into the project. 2,760
Task 5: Project EIR and Bonterra Coordination and Exhibits
[I IC) 4) Provide additional information and prepare additional
exhibits for Bonterra as requested by them and the City of
Newport Beach for the preparation of the EIR. This scope
of service will include informational data summaries and
tables, additional earthwork calculations for the latest
concepts, additionol grading and utility exhibits to illustrate
the design concepts, off-site fill site grading and earthwork
design / calculations; and phone, meeting and digital file
coordination. Digital file and base information to the
project team as required. 6,600
Urban Resource Consulting Subtotal: $31,855
RGI Utility Consultants
Based on the position that the City of Newport Beach and
Caltrans have taken with regard to the need to widen PCH
as well as the need for o new traffic signal at the new
intersection, additional dry utility tasks will be necessary to
accomplish the results needed for these undertakings.
Task 1: Widening of Pacific Coast Highway
This undertaking requires tasks for the coordination with
the Civil, Coltrons, the City of Newport Beach, Southern
California Gas, and Southern California Edison, to have
dry utility facilities relocated and installed. Tasks will
include o need to prepare new off-site dry utility plans that
are subject to Collrons Encroachment Permit, coordination
wilh the Civil and the Dry Utility Plans for the preparation
of plans and processing of Billing Documents and
Agreements as well as assistance with Permit processing
tasks related to the Undertakings.
EPT :.
Mike Sinacori
Sunset Ridge Park
12 October 2009
Revised 09 February 2010
Page 3 of 5
Fees will not include the preparation of any Traffic Controi
Plans as it is anticipated that the Traffic Control Plans
prepared by the Civil for the roadway improvements will
accommodate the dry utility tasks. Please note that design
plans for Ike City of Newport Beach Street Lighting are
also excluded from this addendum request. Should the City
require a separate Street Light Nor.., a separate scope will
be provided. 3,580
Task 2: "New Business" Power and Telephone for the New Traffic
Signal
"New Business" submillok and processing are handled
separate from any billable relocation projects by the dry
utility agencies, and, the design and document procedures
are also separote functions. 1,410
0 4L 11 RGI Utility Consultants Subtotal: $ 4,990
Fabritec Strudures
Four fabric structures have been proposed for shade on
the project site. Two of the ball field, one at the restroom,
and one for the children's play area. EPTDESIGN has
engaged the services of FabriTec Structures to provide
construction plans for these structures.
Task 1: Design Development
Consultant will develop one concept direction and produce
CAD model outlining basic geometry of structure(s)
consistent with standard tension structure design practices.
This stage will consist of one refinement maximum.
Task 2: Form Finding
Consultant will creole fabric shope(s) consistent with
standard tension structure practices and proposed
geometry for developed concept.
Task 3: Final Engineering Model Analysis
We will lake the preliminary model and develop a linal
design model and conduct fina analysis using :he local
design codes.
EPT ,
Mike Sinacori
Sunset Ridge Park
12 October 2009
Revised 09 February 2010
Page a of 5
Task 4: Reaction Loads and Foundation Design
From the analysis provide tabulated Final reaction loads.
From the reaction loads we will design typical foundations.
Foundation design to be based on drilled piers.
Task 5: Construction Documents
Based on the final design, we will develop a complete set
of design drawings and calculations sealed by a licensed
California PE.
(:113) FabriTec Structures Subtotal: $13,700
BonTerro Consulting
Task I : Review Park Landscape Planting Palettes
BonTerro Consulting will review plant palettes proposed for
the Sunset Ridge Park landscape and habitat enhancement
areas for compliance with project documentation and
permits, as well as for general biological suitability. The
review will focus on ( 1) habitat value and (2) plant species
diversity and suitability in terms of existing project -specific
and local native vegetation types. The review of park
landscape plant palettes will also consider potential for
invasiveness and hybridization with existing native species,
as well as ornamental value. A brief Letter Report that
documents any recommended plant palette revisions will
be provided to the City of Newport Beach and
EPTDESIGN. BonTerro Consulting will attend up to three
meetings with the City of Newport Beach, EKDESIGN,
and other project team members to discuss proposed plant
palettes and any recommended revisions.
043) Bonterra Consulting Subtotal: $7,600
Thornton-Tomasettl Group, Inc.
Task l: Thornton-Tomosetti Group, Inc. will provide structural
engineering services for wall details, retaining walls, gate
footings, fencing footing, baseball backstop, trellis
structure, fabric canopies, and pedestrian bridge. 6,000
11.s3t Thornton-Tomase"i Group Subtotal: $ 6,000
EPT
Mike Siracon
Sunset Ridge Park
12 October 2009
Revised 09 February 2010
Page 5 of 5
Soil and Plant Laboratory, Inc.
Task I: Soil and Plant Laboratory, Inc. will provide additional
agronomy soils tests for the entry road area. 1,000
1!403) Soil and Plant Laboratory Subtotal: $ 1,000
EPTCLSIGN, Inc.
Task I: Management and Coordination of Additional Consultant
is 2) work
EPTDES:GN, Inc. Subtotal: $ 6,515
Total Contract Change Order Amount Requested: $ 71,660
All terms and conditions of the original agreement shall 6e included as port of
[his change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr
Principal
v.rs 07[07[14
EPT : .
Proposal for Landscape Archilectural Services
Sunset Ridge Park
09 February 2010
EPTDESIGN and Consultant Fee Schedule
Consultant Nome
Urban Resources
Task 1:
Additional Survey Slaking & Topography
Task 2:
Survey Topography of Existing Back -Stop
Task 3: Additional Preliminary Engineering for Sunset Ridge Park
Entrance
Task 4:
Additional Boundary Survey and Analysis
Task 5:
Project EIR & BonTerra Coordination & Exhibits
SubTotal:
RGI Utility
Consultants
Task 1:
Widening of Pacific Coast Highway
Task 2:
"New Business" Power & Telephone for New Traffic
Signal
SubTotal:
FabriTec Structures
Task 1:
Design Development
Task 2:
Form Finding
Task 3:
Final EngineeriN Model Analysis
Task 4:
Reaction Loads & Foundation Design
Task 5:
Construction Documents
SubTatal:
BonTerra Consulting
Task 1
: Review Park Landscape Planting Palettes
SubTotal:
Thornton-Tomasetti Group, Inc.
Task 1:
Provide Structural Engineering
SubToral:
Soil and Plant Laboratory, Inc.
Task I
- Provide Additional Agronomy Soils Tessin - Entry
Road
SubTotal:
EPTDESIGN, Inc.
Task 1.
Work
Management and Coordination for Additronol Consultant
SubTatal:
Total I lours Total Cost
Change Order I Grand Total: 410 571,660
3 -76 G (1)
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH EPT DESIGN
FOR SUNSET RIDGE PARK FINAL DESIGN SERVICES
THIS AMENDMENT NO. 2 TQ PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 'MMday of N V9— , 2008, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and EPT DESIGN, INC., a
California Corporation whose address is 9821 Irvine Center Drive, California, 92618-
4307 ("CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On September 25, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for professional
engineering services for conceptual design drawings for the landscape
development of Sunset Ridge Park and public outreach in connection with the
design of the park (TRn.IE(_T" This AGREEMENT is scheduled to expire on
December 31, 2008.
B. CITY and CONSULTANT entered into a separate AMENDMENT of the
AGREEMENT ("AMENDMENT NO. 1"), dated September 15, 2008.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT or prior AMENDMENT and to extend the term
of the AGREEMENT to December 31, 2010.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for the PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2 including but not limited to, all work set forth in
the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 2, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred
Ninety -Eight Thousand Five Hundred and Fifty -Eight Dollars and no/100
($598,558) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2010.
4. 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.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written. 11-7
APPROVED AS TO FORM:
A --, c
Ci+., A++..rte,.-...
%.IL r,cw, ney
for the City of Newport Beach
ATTEST:
By. �L-�) nww-i
I \ e e uaH
City Clerk
CITY F NEWP RT' EACH,
A M i ipq� rp rat}}1i
In
for the City of Newport Beach
CONSULTANT:
By: —
(Corporate Officer)
Title:
Print Name: �,1; / do 4 ,`,.Wo
.•'ice\II��ILI ��- �
Title -
rte.
Print Name:
Attachment: Exhibit A — Letter Dated November 11, 2008 from EPT Design
F:\Users\PBw\Shared\Agreements\FY 07-08\FINALIZED - EPT - SUNSET RIDGE PARK\Sunset Ridge Park Concept Plan -
Amendment 2 (11-13-08).doc
•
land unp. arc60cm. ,e .,Lm dwgn p onaSna
11 November 2008
Mr. Michael Sinacori
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park
Newport Beach, California
landscape Architectural Services
Dear Mike:
0
EXHIBIT A
Thank you for the opportunity to provide our proposal for continuing landscape
architectural services for Sunset Ridge Park. Our proposol covers the design
team, tasks and an estimated production schedule for your review. Please don't
hesitate to call if you have questions regarding the enclosed proposal or if you
require any additional information.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
9821 Irvine Censer Dine, Irn:+c. CA 92618
1 969 502.650 F 949 S0.2.6510 co,,
0
Sunset Ridge Park
1 1 November 2008
Proposal For Landscape Architectural Services
I. PROJECT DESIGN TEAM
EPTDESIGN - Project Prime
Urban Resource - Civil Engineer
Ron Yeo - Architect
West Coast Design - Electrical Engineer
d.d. Pogano - Irrigation Designer
Thornton-Tomosetti - Structural Engineer
RGI - Utility Consultant
ESA - CDP Consultant
Kinley-Horn - Traffic Engineer
II. SCOPE OF WORK
A. Basic Services
1. Design Development Phase
2. Construction Documents Phase
3. Coastal Development Permitting Services
4. Bidding Phase
B. Scope of Work
40
EPTDESIGN sholl prepare design development and construction
document plans based on the approved schematic plan. The program for
the park consists of the following items.
1. Restroom building
2. Shade structures (2)
3. Baseball field
4. Soccer fields (2)
5. Covered children's play area
6. Pork lot for 75 cars
7 Hardscape including walks, plaza, walls and steps
B. Memorial garden area
9. Open turf and shrub areas
10. Off-site entry road with parking
11. Sign monumentotion at Pacific Coast Highway and Superior.
0 0
landtwpr errhireUvre mbo•+Jrsipn planning
Proposal for Londscope Architectvrol Services
Sunset Ridge Park
I 1 November 2008
Page 3 of 8
III. SCOPE OF SERVICES
A. Design Development Phase
To complete the Design Development Phase, EPTDESIGN will provide the
following services
General
I . Subsequent to the approval of the Schematic Design Phase and with
the authorization of the Owner, EPTDESIGN will proceed with the
Design Development Phase of the project. The object of this phase is to
further develop and refine the schematic concepts to facilitate a more
refined analysis by the project team.
Process
2. Coordinate utility locations, points of connection, and requirements
with the Civil Engineer and Electrical Engineer throughout the Design
Development Phase.
3. Conduct progress meetings with the City for their review and input.
Product
4. Prepare a package of design development drawings and other
documents which include:
a. Layout drawings to scale
b. Grading and drainage plans
c. Architectural plans
d. Drawings for special or unique applications
e. Hardscope and planting plans
f. Irrigation plans
g. Outline specifications
B. Construction Documents Phase
To complete the Construction Documents Phase, EPTDFSIGN will provide
the following services:
General
1. Subsequent to the approval of the Design Development Phase and
with the authorization of the Owner, EPTDESIGN will proceed with
the Construction Documents Phase of the project.
Product
2. Provide the appropriate professional sub-consultanh for the site's final
design needs, this would include: civil engineer (Urban Resource),
electrical/lighting engineer (West Coast Design(, architect (Ron Yeo),
EPTL;•f: S:iJP
0 0
lond... pe ; v.ban &a .g„ plv..;..q
Proposal for landscape Architectvral Services
Sunset Ridge Park
11 Novem6er2008
Page a of 8
structural engineer (Thornton Tomosetti), irrigation designer (d d.
Pagano), Coastal Development Permit consultant (ESA), traffic
engineer (Kimley Horn) and utility consultant (RGI).
3. Provide precise grading and drainage plans/specifications that meet
City Standards.
4. Provide hardscape and ball field construction
plans/details/specifications which meet City Standards.
5. Provide architectural plans/details/specifications, which meet with
City standards.
6. Traffic engineering plans/details/specifications which meet City
Standards
7. Provide utility planner to prepare dry utility plans
8. Provide electrical plans/details/specifications which meet City
Standards.
9. Provide irrigation plans/details/specifications which meet City
Standards.
10. Provide planting plans/details/specifications which meet City
Standards.
11. Provide on agronomy report for soil suitability.
12. Provide plan written signatures, by all participating sub -consultants,
on appropriate plan sheets.
13. Provide a performance type specification/special conditions
section/bidding document. This will be certified to include information
that will completely cover all intended installations and ensure that a
bidding contractor would have enough information to provide the City
with a bid for the total wo(k. Consultants shall provide a document
that will ensure concise, clear bidding of projects.
14. Provide a final itemized opinion of probably construction costs, using
the most current trade unit costs.
15. Secure all jurisdictional agency plan and specification approvals,
including the City of Newport Beach and the wafer district as required
for construction This shall include all required
plan/detail/specification modifications and may include any required
submittals/follow-up. The City shall be provided with all required
jurisdictional agency approved final plans, specifications, and a
precise grading permit at completion of final plan/plan checking.
EPTI)FS:i;ty
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Proposal for Landscape Architectural Services
Sunset Ridge Park
1 1 November 2008
Page 5 of 8
16. Coastal Development Permitting
a. Meet with the City staff to discuss project entitlement and
processing requirements, and prepare a Coastal Development
Application Package and proposed processing schedule.
L Attend meetings with the City of Newport Beach, the project team
and Coastal Commission staff as required to assist with
preparation and processing of the CDP.
B. Bidding Services Phase
During the Bid Services Phase EPTDESIGN will
1. Prepare addenda
2. Provide plan clarifico6ons for contractors
3. Review bids with Client
IV. FEES
A. General
The fee proposal is submitted as follows:
EPTUESIGN will provide all plwses on a fixed fee basis as follows
Totals $ 106,533 $ 464,808 $ 5,218 $ 576,558
Meetings $ 10,000
Total $ 586,558
Reimbursables $ 12,000
B. Additional Services
EPTDESIGN will provide to the Client such additional services as
requested in writing by Client. For additional services, compensation shall
be on an hourly basis (per attached hourly rate schedules) or negotiated
lump -sum basis.
Conswvoion
Bidding
Totals
`Design
Development
Documents
EPTDESIGN
$ 54,078
$184,408 $
2,918
$241,403
Urban Resources
33,150
176,150
2,300
211,600
Ron Yeo, Architect
4,000
38,200
0
42,200
West Coast Design
2,055
5,545
0
7,600
d.d. Pagano
2,930
16,115
0
19,045
Kimley-Horn
7,500
18,900
0
26,400
RGI
2,820
3,990
0
6,810
Thornton Tornasetti
0
5,000
0
5,000
ESA
0
16,500
0
16,500
Totals $ 106,533 $ 464,808 $ 5,218 $ 576,558
Meetings $ 10,000
Total $ 586,558
Reimbursables $ 12,000
B. Additional Services
EPTDESIGN will provide to the Client such additional services as
requested in writing by Client. For additional services, compensation shall
be on an hourly basis (per attached hourly rate schedules) or negotiated
lump -sum basis.
0 0
la ndxoyr o�chtr<Nie I vrv:, de,iy:: ylnn�ia-y
Proposal for Landscape Architectwol Services
Sunset Ridge Park
11 November 2008
Page 6 of 8
C Reimbursable Expenses
Reimbursable expenses are in addition to compensation for basic services
listed above and include actual expenditures made by EPTDESIGN in the
development of the project. These expenses shall include reproduction,
overnight delivery, messenger services, photo processing, and travel
expenses when approved in advance. Mileage will be billed of
$.585/mile. EPTDESIGN shall require a budget of $20,000 to cover
reimbursable expenses. EPTDESIGN will invoice separately for all plotting
and printing needs.
EPTDESIGN will utilize the account established by Client with a local
reprographics company for all plotting and printing needs. This account
shall be billed directly to Client.
V. EXCLUSIONS
The following items are excluded under this contract:
A. Plan check and building permit fees.
B. Construction observation services.
VI. CONSULTANT EXPENSES
Any additional consultant hired by EPTDESIGN to perform services in behalf
of the Client shall be invoiced at cost plus fifteen percent (15`G) unless noted
otherwise.
EPTi'�f.c>,t<t.,
6ndr<opc omharo,nr i nrbnn ,i.oun i pinnn�ng
Propowl for Londwope Ar<hilaetural Services
S~ Ridge Park
11 No"bv, 2008
Pape 7 of B
EPT DESIGN
Fee Schedule
Principal Studio Director Associate Project Manager Project Captain Designer Clerical EPT DESIGN Sub GRAND
$210 S!60 S145 $105 395 $85 $75 TOTALS Consultants TOTALS
Design Development Mrs Su610.01 Firs Suatotol Hrs Subtotol Mrs Sabtotal Hrs Subtotal Firs Su610tal Hrs Subtotal TOTALS
Process
54 -Visit
Z001
420.001
0,00t
0:00:
2.001-290.00V
725.00
.•2:00.`:'-:219.00
:1840.00
2.001
190.001
0.00
0-001
0.00
. 0:001
1;3.10.
7,7501
8,860
Des, n
6 Oso
1260 CO
3 OC
48000
10.00
1450 00
10 00
105000
0 00
0.00
000
000
0.00
coo
4,240
4,690
8.920
CAD.Base lm /Seto
0.00
0.00
0.00
OI00 �
3.00
435:00
19.00
1995.
37:00
3515.00'-'.23.00.
1955.00
0.00
0.00
7,900
.3,330
11,230
Pres cct Mono c,aea
I OG
210 OC
3.00
48C 00
4.00
580 00
42 CO
m 10.00
0.00
0.00
C.00
000
C. 00
0 OC•
5,680
8.945
14,625
Meeh, s
4.00
840.00
4.00
640.00
16.00.2320:00
2.00
16-001
1680.00
4:00::
380.00
.:0.00
0.00
0.001
0.00
5,860
4,665
10,525
Su roto
13.00
2730.00
10.00
1600.00
35.00
5075.00
89,00
9345.00
4].00
4065:00
23.00
1955.00
0.00
0.00
24 790
29,370
54 160
Design Plan
3.00
630.00
i.00
160.00
5.00
725.00
. 19.00
:1840.00
. 5.00
475.001
0.001
0.00
0.001
0.00
3,880
3,4851
7,365
Construct on Plan
3 UO
63000
200
320.00
200
290.00
2500
262500
25.00
237500
3600
3060 CO
(',O,')l
C UO
9,300
17 460
26 760
Construction Details
2.QO
d20.00.
4,00.
;�Qd 00
7!6.
870.00
11:00
1155:
10:0
--950.
77.00
1145.00
0.00
D.00
5,480
1,360
6,840
Conlo-cceon
0 00
000
200
320 00
8.00
116,000
4 00
42000
000
0.00
000
000
000
000
: 900
0
!,900
Planting Pl,n
2.00
. 420.00
1.00
. 160.00
2.00
'M,,00
22:00
1260,00
8.00
.760.00
8,00"'
680.00
0.00
'0.00:
3.570
0
3,570
Planting Details
000
000
000
000
3.00
43500
9.00
840.00
800
760.00
000
0.00
000
000
205
U
2,035
Outline S 'ificatiions
1.00 ..,210.00
2.00
320!00
.;2100
:2M00;-'8.00
16.00
Bd0.00
.I.O 1,
..9500
(90.00
.:0:00-'2,50
0.00
`187.50
1913
780
. 2,723
Pbtlin000
O CO
0.00
000
000
000
0.00
400
42000
800
760.00
0.00
000
0.00
0.00
1,180
0
1.180
5, tat,
11.001
2310.001
12.00
1920.00
28.00
4060.00
90:00
9450.00,
65.00
6175.00
61.00
5185.00
2.50
187.50
2-9,2-8-8
23,085
52 373
Construction Documents
D --
site V'ilil,
..,-
ShVrsil
0,001
0,001
0 001
0.00
2.001
11.290570'.-6.00
0.00
'630.001
0.00
`'• 0.001
10.001
0.001
0001
0.001
920
.2251.
1,145
Deo n
! Y CO
399000
150:1
2400,00
1500
2 ! 75 00
3000
3 i 50 OC
10.00
95000
000
000
C.00
J 00
12.665
3.000
15!+65
CAD Base Im (Setu
0.00
0.00
0.00
0.D0
16.00
2320:00
8.00
640.00
24.00
. 2280.00
12.00
1020.00
4,00
300.00
6,760
1,Od5
10.805
Pro ed hlanoaeawnl
: < CC
2520 OC
' 400
22.40 CC
12.00
) 740 00
60 Q?
5300 OC
J CO
C 00
000
0.x
0 Cd1
:) W
12,800
2.315
15 '. 15
Meetir:as
16.00
3360.00
16.00
2560.
16.00
2320.00
37.00
3685.00
TOO ��
760.00
0.00
0.00
000
0.00
12,685
1.580
14465
5ubtatal
47.00
9870.00
45.00
7200.00
61.00
8845.00 141.00
14805.00
42.00
3990:00
12.00
1020.00
4.00
700.00
46,070
11,165
57195
Prndan
Design Pion
0.00
0.00
0.00
0.00
OMI
0:00
0.00
.000
0.00
0:001:
0.001
0.00
0.001
0,00
0
35,400
35,40C
Constw<1,0+ Pion
!0 CO
210000
35.00
5600,00
45 C01
652500
10000
10500.00
85.00
8075.00
11700
9945.00
000
C00
42,745
'56.255
199.000
Construction Details
6.00
1260.00
15.00
2400.00
19:001
2755.00
45.00
4725.00
127.00
'12065.00
'115.00
9775.00
0.00
0.00
32.980
48 430
81,A10
Consahonl Coo'cima,ors
12.00
252000
8.00
' 280 00
16.00
232000
3; 00
3255 00
32.00
3C4000
4400
374000
8.00
60000
10,755
2,225
:8,960
Plo 6nPlan
4.00
840.00
12.00.
192000
7TY72326.00
40.00
772-3565
7732.Y
.. 3040.00
16.00
1360.00
0.00
0.00
13.680
370
14,010
Planting Details
000
000
40.0
610 OC
800
116000
I6 00
168000
3200
3C40 00
4,00
34000
000
C 00
6.860
0
6 860
Construction.
0.00
0.00
8.00
1280.00
4,00
SB0:00
16.00
1680:00'""0100
0.00
.0.00
0.00
0.00
0.00
3,540
7,205
10,745
Plen Chec-Kipq
O CO
210000
l e OJ
2240.00
6.00
870 00
19.50
2C47 50
8 CO
760.00
8 00
680 DO
0.;p
.100
8,698
5,925
14,623
Cost Estimae
4.00
840.00
6.00
960.00
.0.00.
.0:00
.16&0
1680:00,,.12.00
1110.00
:x..0.00
x...._0.00
4.00.
300.00
4,920
2,865
7765
A e Prxestin
'001
00
D 061
D.a)
000
000
O.UU
24 00
2520.00
24.00
228000
40 00
3400 00
000
0 OC
N,20G
10.600
18,800
Subwall
46.001
9660.001 102.001
16320.00
114.00
_16530M01
3D7.501
32287,501352.001
33440.001344.001
29240.001
12.001
9DD.001
138,3781
269,2351
.407 611
Pr roAdaenda
1.00
210.00
2.00
320.20
0.00
0.00
.7.50
.787.50
.::.3.00
. 285.00
0:00"=:,':0.00
0.00
1 0100
1,603
1300
2&03
Plon Clnr,hc01. 1
00
210 00
00
:60 00
0.00
000
4 OC
420001
0001
0.00
00
000
0 00
0.00
790
1,000
1,790
Review Bids with C ienf
1.00
210.00
0.00
0.00.
0.00
0.00
- 3.00
315.00
0.00
1 0:00
"0.00
"0.00
0:00
0.00
525
0
525
Subtotal
3.00
630.00
3.00
480.00
0.00
0.00
1522.50
1.00
285.00
0.00
0.00
0.00
0.00
2 918
2 300
S 218
otals
120.00
25,200
172
27,520
276
34,510
628
67,410
SOS
47,975
140
37,100
19
1,788
241,103
735,155
576,558
T
Meetings 10,ODO 10,000
Reimbwwbks 12,000 12,000
EPTDESIGN 1111112008
E
landmape architeoturc I arbun design I planning
EPT DESIGN and Consultant Fee Schedule
Proposal for landscape ArclOwtural Services
Santer Ridge Pah
11 November 2008
Page 8 of 8
Urban West Coast Thornton
EPT DESIGN Resource Ron Yea Design d.d. Pagano Tomasetd RGI ESA -CDP Kimley-Horn Totals
Design Development
Preseewe
SRe Visit.
1.110
2,930
555
250 1
1 7.5001.- 8,1360
Desi n
4.240
3.680
1.000
Construction Details
8.920
A ase ImportfSetup
1.900
. 2r760
360
210
11:23
Project Management
5.680
8.000
645300
1,000
14.625
Meetings
5.860
3.760
405
' 500
10,525
Subtotal
24,790
18,200
1,000 1,410
01 0 1,260
0 7,500 54,160
De31 n Plan
3.680
2,930
555
7,365
Construction Plan
9.300 14,950
2,000 510
35.400
26.760
Construction Details
5.480
:0 D . 135
225
6,84
Consinrction Specifications
1.900
1.500 530
285
1.900
Planting'Plan
3.570
1,000
5801
.3,570
Plantin Details
2.035
2.7601 6,500 $30.
.01 01 1,3751
2.035
-tGne S eatlons
1.943
610
760
2,723
Plotting
1 180
13,680
1.180
Subtotal
29,288 14,950
.3,002 '646 2,930
0 1.560
0 0 5373
Construction Documents
B
T
Site Visit
920
2251
1 1,145
Design
12.665
1 3.000
35.400
15.665
CAD Base am ortlSetu
6.760
2,760. ..: 1,000 '.
265
70.805
Project Management
12.800
1.500 530
285
15.115
Meetings
12,885
1,000
5801
1 14,465
Subtotal
46,030
2.7601 6,500 $30.
.01 01 1,3751
01 0 67,195
Design Plan
0
16,5001 18,900
35.400
Construction Plan
42.745
130,600
17.500
3.155
5.000
199.000
Construction Details
32.980
20,000
1 0
.275--7
1.5.505..
450
81.410
Consultant Coordination
16.755
500
700
610
415
18.980
Planbn Plan
13,680
330
14,010
Planting Details
6.860
6.660
Co traction S clficahons
3.540
'5,000
1,500
225
-
480
10.745
Plan Checkin
6,698
5.100
410
415
14,623
t: s8mate ...
4,920
2;090
250.
525
7785
Agency Prooessin
8.200
10.600
18,800
.... Subtotal
138,378
173,39 :
- 31:700
:!10151..,., .:
16;11b :.: :':%; S 000 .
2,616
16,600 18 900
407,613
aiding
4.
re are Adden a
1,603
1;300`A
I
I
1 1
2,903
PWn Clarifications
790
1,000
1.790
evie Bids with tient
525
525
Subtotal
2,918
2,300
111
.01
01 01
01
01 01
6,218
Dtaig
211,600
42,2001
7,6001
19,0451 5.Uoul
6,31ul
16,buol 26,4001
575,558
Umnd Intall
iReimbursables
•
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH EPT DESIGN
FOR SUNSET RIDGE PARK CONCEPT PLAN
THIS AMENDMENT NO. 1 TOP OFESSIONAL SERVICES AGREEMENT, entered
into this 15� day of Sa em bee- , 2008, by and between the CITY OF
NEWPORT BEACH, a municip I corporation, (hereinafter referred to as "City") and
EPTDESIGN, INC., a California corporation whose address is 9821 Irvine Center Drive,
Irvine, Ca 92618-4307 ("Consultant'), and is made with reference to the following:
RECITALS
A. On September 25, 2007, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement',
for professional engineering services for the preparation of Preliminary
Design Reports for five sewer pump stations, hereinafter referred to as
"Project". This Agreement is scheduled to expire on December 31, 2008
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement.
C. City desires to compensate Consultant for additional professional services
needed for Project.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated June 13, 2008 attached
hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Thirteen Thousand Eight Hundred and Eight
Five Dollars ($13,885.00).
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Asst. City Attorney
for the City of Newport Beach
ATTEST:
By
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By: /,-
Homer Bluda
City Manager
for the City of Newport Beach
CONSULTANT: EPTDESIGN, INC.
By.
orporate Officer)
Title: Vice President
Richard H. Vanderwood. Jr
Steve Carrol
Attachments: Exhibit A — Letter Dated June 13, 2008 from EPT Design
EX I&T A
13 June 2008
Mike Sinacori
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park
Concept Design Phase
EPTDESIGN Project Number E07-511
Dear Mike:
EPTDESIGN is requesting a contract change order for the following additionalY
landscape architectural services:
Task 1: Perimeter field Survey Topography
(I'C'. 2) Conduct a field topographic survey to establish horizontal
and vertical control of existing site parkway conditions ,
along Pacific Coast Highway (PCH) for final design
purposes. The survey will consist of approximately 1,500 {y
feet of existing PCH along the northern frontage from the
corner of Superior to 1,000 feet past our western
boundary line. This is required for the widening of PCH
and the new park entrance road. This topo will include
existing edge of pavement, curb and gutter, sidewalk,
above ground utilities, manholes, gate valves and
structures from the face of curb to the right of way. The
topo will also include the storm drain inlet structure and the
box culvert structure on the Banning Ranch property as
well as the catch basin on PCH. We will also topo the
existing catch basin inlet and outlet pipes on Superior
Avenue for our point of connection. The northerly
perimeter boundary wall will be surveyed for finished
grade on our site, top of wall, finished grade on the
adjacent site, and any drainage outlets in the wall. We will
also tope the existing storm drain inlet structure at the
concrete channel in the northwest corner of the site. This
topography will be based vertically on a nearby County
Bench Mark and coordinated with the existing aerial
topography.
Prepare a map of the survey with line -work and utility
symbols and spot elevations in an AutoCAD drawing file
1 2I Irvine. r.. J lv: " i� ,, )2111 q:)W
Mike Sinacori
Sunset Ridge Park
13 June 2008
Page 2 of 2
format. Survey information will be used for design of the
site grading, street improvements, storm drain, and
perimeter wall conditions in conjunction with the aerial
topography as well.
Subtotal Task 1 $ 8,050
Task 2: Adjacent Condo Deck Survey Topography
�IdCL4�
Conduct a field topographic survey to establish
horizontal and vertical control of the existing first floor
balconies or decks of the adjacent condominium site for
the entire length of the northern boundary of the site as
requested by the City of Newport Beach to analyze
sight lines and property line grading issues.
Prepare a map of the survey with line -work and spot
elevations in an AutoCAD drawing file format. Survey
information will be used for design of the site grading,
view analysis and perimeter wall conditions in
conjunction with the aerial topography as well.
Subtotal Task 2 3,910
Task 3: EPTDESIGN coordination and management of Urban
j' I) Resource
Subtotal Task 3 1.925
Total Contract Change Order Amount Requested: $ 13,885
All terms and conditions of the original agreement shall be included as part of
this change order except as noted herein.
If you have any questions or comments please call me.
Sincerely,
Richard H. Vanderwood, Jr.
Principal
Pls. 613 08 c.o. ru. 1 Sig,cd
EPTI"
0 0 �74 (AJ
PROFESSIONAL SERVICES AGREEMENT WITH
EPT DESIGN
FOR CONCEPT DESIGN SERVICES FOR SUNSET RIDGE PARK
THIS AGREEMENT is made and entered into as of thisz�- day of Se&m be -- ,
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
("City"), and EPT DESIGN, a California Corporation whose address is 9821 Irvine
Center Drive, Irvine, California, 92618 ("Consultant"), 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 Califomia with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to develop Sunset Ridge Park as an active park area.
C. City desires to engage Consultant to provide conceptual design drawings for the
landscape development of Sunset Ridge Park and provide public outreach in
connection with the design of the park ("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Richard H.
Vanderwood, Jr.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31" day of December, 2008, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
0 0
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred and Fifty-five Thousand and fifteen and no/100
($155,015) 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.
4.1 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.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
P
0 0
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
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 Richard H.
Vanderwood, Jr., 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.
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 fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E., shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
3
0
7. CITY'S RESPONSIBILITIES
0
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for Project. Consultant will be required to coordinate the
required bid documents with City's reproduction company and obtain
approval from City Administrator for all reproduction services to be paid
directly for by the City. All other reproduction will be the responsibility of
Consultant and as defined above, and included in the not -to -exceed
contract fee.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
S
0
9. HOLD HARMLESS
9
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims"), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
5
0
12. CITY POLICY
9
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non -renewal of all
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Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self-insured retention City may have, shall be considered excess
insurance= only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non-payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
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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 Agre6ment shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
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.
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.
All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As -Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
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the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City -in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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 of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
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
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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 paragraph 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
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.
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3342 Fax: 949-644-3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at
Attention: Richard J. Vanderwood, Jr.
EPT Design
9821 Irvine Center Drive
Irvine, CA, 92618
Phone: 949-502-4500
Fax: 949-502-4510
28. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. 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. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national.origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
14 a,,—, �---_
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
/_Ai1*3Il
By:�1�r-�
LaVonne Harkless,
City Clerk
CITY OF NEV�RT BEACH,
Nl.
A ipal orpo ation
go
Steve Rosansky
Mayor
for the City of Newport Beach
CONSUL __:_EPT DESIGN
By:
fd'orporate Officer)
Title: Vice President
Richard H. Vanderwood, Jr
B rw
inancia Officer
Title: Chief Financial Officer
Steve Carrol
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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.c nE rtcpr a. c''ubn Lrc ., vm drvgn or:
7 September 2007
Mr. Michael John Sinocori, P.E.
City of Newport Beach
33
3300 Newport Blvd
Newport Beach, CA 92663
Re: Sunset Ridge Park ■
Newport Beach, CA
Proposal for Landscape Architectural Services
Dear Michael:
Thank you for the opportunity to provide our proposal for landscape architectural
services for the Sunset Ridge Pork project. We look forward to the possibilities of
contributing to this special project and we are committed to providing you with
outstanding design and professional services.
We realize one of the first important steps to the success of this project is the
community outreach process. This process was instrumental in developing the
program for the Bonita Canyon Sports Park that we completed several years ago.
Through these efforts the community felt a part of the park development and
contributed greatly to the success it is today. EPTDESIGN is committed to
working closely with the city staff on this outreach.
Please do not hesitate to call if you have questions regarding the enclosed
proposal or if you require any additional information.
We look forward to working with you arid your team on this project
Regards,
Rich/and nderwood, Jr.
ASLA Principal
z
•
u+i+rnpr �,r4nrr i,.•n onr ir.+ign �.n, ,
Sunset Ridge Park
EXHIBIT A - SCOPE OF WORK for landscape Architectural Services
7 September 2007
Page 2 of 7
MW 'At
Sunset Ridge Park
Newport Beach, CA
7 September 2007
Proposal for landscape Architectural Services
1. SCOPE OF WORK
A. Basic Services
1. Conceptual Design
2. Project Meetings
B. Design Team
EPTDESIGN - Prime Consultant
Principal -in -Charge - Richard Vanderwood
Associate - Came Rybczynski
Project Manager - Nathan Siems
Urfwn Resource - Civil Engineer
Principal - Kelly Aguerre
Ron Yeo and Associates - Architect
Principal - Ron Yeo
Sal and Plant lahorotory - Agronomy
Agronomist - lack Demonte
C. Project Scope
0
EPTDESIGN shall provide landscape architectural design services for
the two sites as delineated on the aerial view plan provided by the city
Design services include preparation of conceptual level plans for the
following program:
1. Perimeter street frontage interface along Pacific Coast Highway and
Superior Avenue
2. Adjacent housing interface along Northern edge
3. Site hardscape and landscape design for the project including, but
not limited to, sports fields, rot lot, passive picnic areas, restrooms,
parking, and potential skateboard park.
A. E)qlore the possibility of a bridge crossing between the two parcels.
EPT- t".
0
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Sunset Ridge Park
EXHIBR A - SCOPE OF WORK for Lonsdscope Architedurol Services
7 September 2007
Page 3 of 7
II. SCOPE OF SERVICES
A. Conceptual Design Phase
0
To complete the Conceptual Design Phase, EPTDESIGN will provide the
following services:
General
1. EPTDESIGN will prepare conceptual design drawings for the
landscape development of Sunset Ridge Park.
Process
2. Obtain all documentation related to the project and project site,
including site pian, grading and/or topo plans, and any other
pertinent documentation.
3. Make one site visit to evaluate site conditions and determine special
design considerations. EPTDESIGN will photo document the site
and surrounding development for consideration in conceptual
design.
4. Prepare a base sheet from available city plans and our site
evaluation.
5. Consider the adjacent developments in overall landscape design
concept and material palette far this project.
6. Conduct a thorough review of the applicable codes to determine the
landscape requirements this project must satisfy to assist in the
decision making process of the design.
7. Conduct a preliminary soil agronomy analysis to determine existing
soil conditions to address in design.
8. Present conceptual design plans to the Client and project team for
review and comment; revise plans to address review comments.
9. Attend review meetings with the city.
10. Attend team meetings with Client and consultants retained for the
project, as well as any necessary city, community, Outreach, or
agency meetings necessary for approval of the conceptual design;
these meetings shall be provided on a time and materials basis.
11. Prepare a conceptual construction cost estimate.
Products
12. Prepare wri»en narrative describing character and theme of the
landscape. Story will be used in the development of design and
selection of materials.
EPTI ,_ r.`•.
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Iced vap. cr,:virU✓x v,00r r. r.,iyo ., u.. � ,
Svnset Ridge Park
EXHIBIT A - SCOPE OF WORK for lasdscope ArchitKNrol Services
7 September 2007
Pogo 4 of 7
13. Prepare image board(s) to characterize the landscape concept for
the design under consideration. Image boards will include softscope
(planting) and hardscape (paving, walls, etc.) materials.
14. Prepare one (1) rendered, colored conceptual design plan at for the
landscape areas, conceptual grading and drainage, street edges,
and perimeter, in sufficient detail to adequately illustrate the
landscape concept 6 the preparation of a cost analysis of the
design under consideration. This would indude site cross-sections to
illustrate topography and site line concerns. The find rendered
conceptual design plan will take into consideration comments
provided by the city, community groups, and project team.
III. ASSUMPTIONS
The following items are assumed by EPTDESIGN under this contract:
A. The City will provide digital base hie for our use in developing
conceptual plan. This base file will include topography, boundary and
utility information.
B. Signoge and graphics are not a part of the project scope.
C. All work is to be completed in accordance with Federal, State and local
rules and regulations.
D. The City will provide a geotechnical consultant for the project.
E. The City will provide a Project Facilitator for community meetings and
presentations.
IV. EXCLUSIONS
The following items are excluded under this contract:
A. Colored illustrative landscape site plans) beyond Conceptual Design
Phase site plan.
B. Reproduction or printing costs for purposes other than coordination with
the City and project team.
C. Computer plotting costs for purposes other than coordination with the
City and project team.
D. Preparation and presentation of graphic exhibits or models (for the
Client or public agencies) other than those described in the Scope of
Services in order to aid the Client in securing approvals for the
landscape work.
I=11id
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Sunset Ridge Park
EXHIBLr A - SCOPE Of WORK for Londscope Architectural Services
7 September 2007
Page 5 of 7
V. CONSULTANT EXPENSES
Any consultant hired by EPTDESIGN to perform services in behalf of the
City shall be invoiced at cost plus ten percent (10%) unless noted otherwise.
Billing shall be accompanied by appropriate backup.
Vl. BILLING PROCEDURES
A. Unless noted otherwise, invoicing will be on a monthly basis for the
portion of the work completed or total hours expended.
VII. PROJECT SCHEDULE
Project Kick -Off Meefing with City 10/l/07
Site Evaluation 10/1/07- 10/12/07
Base Sheet Preparation 10/8/07 -10/22/07
Conceptual Design Development 10/15/07- 11/19/07
City Staff Reviews and Plan Adjustments 11/19/07 -01/21/08
Public Outreach Meefings and Plan Adjustments 01/28/08- 03/2d/08
Presentation to City Council and Plan Adjustments 03/2A/08- 04/21 /08
Final Approval 04/28/08
0
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....run:,. ." 11 a--
Sunset Ridge Park
EXHIBIT B - FEE SCHEDULE 6r Landsmpe Archilectural Services
7 September 2007
Page 6 of 7
EXHIBIT'S'
FEE SCHEDULE
A. General
0
EPTDESIGN will provide our services on an hourly, not -to -exceed
basis, see attached:
Conceptual Design Phase $125,000
Aerial Topography and Mapping 10,000
Project Meetings 15.000
Tolal Fees $150,000
Reimbarsables $ 5,000
B. Additional Services
EPTDESIGN will provide to the City such additional services as
requested. For odditioral services, compensation shall be on an hourly
or negotiated lump -sum basis.
Principal
$ 210.00
Studio Director
$ 160.00
Associate
$ 150.00
Project Manager
$ 110.00
Project Captain
$ 100.00
Designer
$ 90.00
Clerical
$ 75.00
Rates are effective through 31 December 2008, and are subject to
escalation each year thereafter
D. Reimbursable Expenses
Reimbursable expenses shill include reproduction, overnight delivery,
messenger services and mileage billed at $.d85/mile. All reimbursable
expenses shall be submitted with appropriate back-up.
EPTDESIGN will utilize any account established by the City with a local
reprographics company For all platting and printing needs. This account
shall be billed directly to the City.
EPT-,ri;
IcuJwuo,: n r�arn�,n I whan d.voe plonnhy
Sunset Ridge Park
EXHIBIT B - FEE SCHEDULE for landscape Architectural Services
7 September 2007
Page 7 of 7
Project Fee Mcdnx
ConaPNd Design Tolls
Process Principal Sn,dio Dir. Assoc P.M. P.C. Clerical
$210.00 $160.00 $150.00 $110.00 $100.00 573.00
. Site Evoluotion 8 1680 2 320 32 4800 16 1760 " 805-6-0
Bose Plan .
Prepmfion 2 420 3 480 16_ 2400 31 3410 7 700 _ 77110
lPloneAdjua�ts
Research 4 B40 3 480 20 3000 16 1760 6,080
30 6300 I9 1440 80 12000 8 88020620Revie 8 I
16 3360 _' 24 " _ 3600 24 2640 ' _ 9,600
Publk C u reach 10 2100 _ "I 32? 4600 32 3520 10,420
ProI ea
8400 17 2720 130 19500 18 " 1980 11 825 _ 33 25
_—
Meelings 5040 .. " 46 : 6900_ 2a 2640 - - _ I T " 14
Product
Dasi n Na.alivo _ I 1210 4 600
Image Board 1 210 2 300 8
Design Plop. B 1680 B 1280 40 6000 100 11000 60 6000
Design
Elev_orion/Swwt 2 420 6 900 40 4400 12 1200
1_
Pbttirsg
240
8 _ 1200 24 640 4 400 4
146 30660 a2 6720 440 66000 341 I 37510 83 8300 11 825. ISOOIS
Reimbursobles _.. .._. - .5000 000
EPTI'::' ( I ";
n
u
Oyler, Shauna
• Page I uf' 2
From: Teresa Chen (TChen@INSDRA com]
Sent: Friday. November 09. 2007 2.38 PM
To: Oyler. Shauna
Subject: Auto additional insured endorsement - EPT Design Inc..
COMMERCIAL AUTO
POLICY NUMBER: BA-2756L86607GRP ISSUE DATE. 11-09-07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person($) or organization(s) who are 'insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name of Person(s) or Organization(s):
City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers.
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement.)
Each person or organization shown in the Schedule is an insured for Liability Coverage, but only to the extent that
person or organization qualifies as an insured under the Who Is An Insured Provision contained in Section II of
the Coverage Form.
11;;09"2007
Fax #: • •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklists comprised of requirements as outlined by the City of Newport Beach.
Date Received:
In 24 0? Dept /Contact Received From
Shauna Oyler
Date Completed:
I 1 3.0' Sent to: Shauna By:
April walker
Company/Person required to have certificate: LI' 1 Design
_
I GENERAL LIABILITY
A
INSURANCE COMPANY: I ravelcrs Indemnity Co 4Conn.
B.
AM BEST RATING (A: VII or greater): At X\'
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $11VI or greater). What is limit provided?
2 mil agg. 1 mil occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers) Is it
included?
Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes
❑ No
H.
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
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail: per Lauren Farley, the
City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A.
ualt�_ot'America
INSURANCE COMPANY:_1ravelers_P_ropertvCasC_o
B.
AM BEST RATING (A: VII or greater) A- X�
C.
ADMITTED COMPANY (Must be California Admitted)
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $1M min- BI & PD and $500.000 UM):
What is limits provided?
I and
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
❑ Yes
® No
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only)
Is it included? NIA
L Yes
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail: per Lauren Farley, the
City will accept the
endeavor wording.
E
0
111. WORKERS' COMPENSATION
A. INSURANCE COMPANY: I ravdlrrs IndanumN Co uCC:omt _
B. AM BEST RATING (A. VII or greater): A' XV
C LIMITS: Statutory
D WAIVER OF SUBROGATION (To include): Is it included? ® Yes I_l No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? F Yes ®No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto Additional insured endorsement is missing