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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 I olQ1 .Vpp j S1 1 4 --4- 1 4 --4- -0-0- 0 0 1 N h 0 -E- -5- O O a a O 0 o 0 0 O C� ct CIL m -37 O 0 0 0 0 0 OF 0 O w No C7 N 01 6 cc 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 O N N O O 0 P N m I� 0 O .O v1 N s� 0 O •O P •O •O 0 Om N P 'C V 0 N M O m h 0 O .p N H N 0 M O P �'l M M 0 0 ^ W h 00 ,O m 0 m m I� O O 0 N N n O 0 0 0 0 0 O P aG0 O P 0 CSC m M Om O O O 00 O O y O w N O O N h P Oct M O N 0 N N M O O O O 00 0 0 0 0 0 0 0 0 0 v v N N a N N r M M o v N N O O O Op O O O O Op O O O O O V p p N O P h N h •p v v •o m � 0 0 0 0 0� 0 0 0 0�o o O g 0 W, r 2 N V W V i'f O pN O pp O O N Q V V Nw W W N •O N p m m N m v b b d V P E r° - o p g E p o c o �� V O •yV � J C U U m ooln-wF->. p P Q a K K K K U LL U 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 w � z qq p� p 5 r � N,, i t t i OO OHO O O C} O 6 O O O O g I 1 b b �+ Zq ci rill, 1 sv ,o ri h I Mi rt Ci vi jtn: M p p y ( 4 N N ( v3 N Il_py I I Oi 8YY N S V Tiffr O N' 8 lV N R vI9 C'j Q N pp Y V Vf 1 ( t t't p ey y p M QVi�O O�O CZ f�' O �O O O L— 1 ��.... ' �o o0 1 33 0� a'�o, i 0 � . 0 0 0 0. 0 i 0 � 1 --ao � I .o.._.. O Y N Q�} V V O! N o ^' O m of W t � I c v IS C N E _S IS m•.. 7 Y $o E 6 N � N WYg G yp3 Z G 4y N it N 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 0 0 lo�ds<ope arc♦tileavre I arbon de,ig„ plonning 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 0 0 9 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. 7 0 0 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 E 0 9 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 is 0 0 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 10 0 0 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 11 0 0 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. 12 0 0 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 14 0 0 .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 Io+J>rwn. nv hB. o -.•c :ror.n JraiSn n nn . � 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.`•. 0 0 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 0 0 I m: J.cnw: a.rni�,:.!..•v �..��� drda� j pcnr:+� 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 i:ndrwoe onhBu J --. ....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