HomeMy WebLinkAbout11 - Amendment to PSA with Glenn Lukos and EPT Design for Sunset Ridge ParkaEW�Rr CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 11
December 10, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3330, dawebb @newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer
949 - 644 -3315, atran @newportbeachca.gov
APPROVED:
TITLE: Amendments to Professional Services Agreements with Glenn
Lukos Associates, Inc. and EPT Design, Inc. for Sunset Ridge Park
— Contract No. 3449 (CAP09 -0076)
ABSTRACT:
The City entered into separate Professional Services Agreements (PSA) with both
Glenn Lukos Associates, Inc. and EPT Design, Inc. for biological and landscape design
services, respectively, for the Sunset Ridge Park project. Additional services are
needed to address the special conditions of the Coastal Development Permit (CDP).
Pursuant to Council Policy F -14, City Council approval is required in order to process
these amendments.
RECOMMENDATION:
Approve Amendment No. 1 to PSA with Glenn Lukos Associates, Inc. to provide
additional biological services related to the Sunset Ridge Park project at a not -to-
exceed cost of $232,790 and authorize the Mayor and City Clerk to execute
Amendment No. 1.
2. Approve Amendment No. 8 to PSA with EPT Design, Inc. for additional
landscape design services as required by the CDP special conditions for the
Sunset Ridge Park project at a not -to -exceed cost of $49,830 and authorize the
Mayor and City Clerk to execute Amendment No. 8.
1 of 29
Amendments to Professional Services Agreements with Glenn Lukos Associates, Inc.
and EPT Design, Inc. for Sunset Ridge Park — Contract No. 3449 (CAP09 -0076)
December 10, 2013
Page 2
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for both amendments. A total of
$282,620 will be expended from the Sunset Ridge Park project account number 7412 -
05100515.
DISCUSSION:
The City received the Sunset Ridge Park CDP on November 7, 2013. As part of the
CDP special conditions, the City was required to restore a 1.5 -acre site at John Wayne
Gulch with Coastal Sage Scrub vegetation. This special condition includes the
preparation and implementation of a habitat restoration plan which involves monitoring
and maintaining the site for a period of five (5) years. In addition, as part of the Notice
of Violation (NOV) issued by the California Coastal Commission on April 19, 2011, the
City is also required to restore a 0.48 -acre site at John Wayne Gulch and a 0.62 -acre
area known as the Southeast Polygon at the Sunset Ridge Park site.
The City entered into a PSA with Glenn Lukos Associates, Inc. on May 1, 2012 to
address the requirements of the NOV. Monitoring and maintenance efforts are currently
on -going at the 0.48 -acre site. Due to the firm's unique familiarity of the habitat
restoration requirements, staff recommends approving Amendment No. 1 with Glenn
Lukos Associates, Inc. to provide additional habitat restoration services as required by
the CDP special conditions at a not -to- exceed cost of $232,790.
The construction plans, specifications and cost estimate were at the final draft stages
when the CDP application was submitted. These final draft construction documents
required additional revisions as a result of the permit special conditions. The most
significant revisions pertain to the landscape and irrigation design. A majority of the
originally proposed plant palette has been revised to reflect a California native plant
palette of the Coastal Sage Scrub community. The landscape architect, EPT Design,
Inc., exhausted a portion of their design and construction support budget to incorporate
these revisions. Staff recommends approving Amendment No. 8 with EPT Design, Inc.
to replenish this budget at a not -to- exceed cost of $49,830.
ENVIRONMENTAL REVIEW:
The Final Environmental Impact Report for the Sunset Ridge Park project was certified
by City Council on March 10, 2010.
2 of 29
Amendments to Professional Services Agreements with Glenn Lukos Associates, Inc.
and EPT Design, Inc. for Sunset Ridge Park — Contract No. 3449 (CAP09 -0076)
December 10, 2013
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
vid ebb
Public Works Director
Attachments: A. Location Map
B. Amendment No. 1 with Glenn Lukos Associates, Inc.
C. Amendment No. 8 with EPT Design, Inc.
D. John Wayne Gulch Location Map
3 of 29
m �
iii
T� _TTn
T
` \
1-,-74( 410-
Attachment A
PROJECT LOCATION
m �f TTT TT TTT7 /77 i-m F�
SUNSET RIDGE PARK
LOCATION MAP
�i
I L.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -3449 I 12/10/2013
4 of 29
Attachment B
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLENN LUKOS ASSOCIATES, INC. FOR
JOHN WAYNE GULCH
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One ") 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 GLENN LUKOS ASSOCIATES,
INC., a California corporation ( "Consultant'), whose address is 29 Orchard, Lake Forest,
California 92630, and is made with reference to the following:
RECITALS
A. On May 1, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement') to provide mitigation implementation support services
for the John Wayne Gulch ('Project').
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement, to extend the term of the Agreement to December
31, 2019, to increase the total compensation and to update insurance
requirements.
C. 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 is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on May 1, 2012, and shall
terminate on December 31, 2019, 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 November 15, 2013, attached hereto as Exhibit A and incorporated
herein by reference ( "Services' or "Work "). Exhibit A of the Agreement and Exhibit A of
Amendment No. One 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 B and incorporated herein by reference
( "Services" or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No.
One shall collectively be known as "Exhibit B."
5 of 29
Section 4.1 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 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 Three
Hundred Six Thousand Two Hundred Eighty Dollars and 001100 ($306,280.00),
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. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Two Hundred Thirty Two Thousand Seven Hundred Ninety Dollars and 001100
($232,790.00).
4. INSURANCE
Section 14 of the Agreement 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."
5. 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]
Glenn Lukos Associates, Inc. Page 2
6 of 29
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT NE r OFFICE
Date: l
By: �dUW�{V
Aa on C. Harp
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: Glenn Lukos Associates,
Inc., a California corporation
Date:
By:
Glenn Lukos
Chief Executive Officer
Date:
By:
Judith Lukos
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Glenn Lukos Associates, Inc.
Page 3
7 of 29
EXHIBIT
SCOPE OF SERVICES
Glenn Lukos Associates, Inc. T Page A -1
8 of 29
GLEAN LUKOS ASSOCIATES
Regulatory Services
October 29, 2012
[Revised November 15, 2013]
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
Public Works
P.O. BoK 1768
Newport Beach, California 92658 -8915
SUBJECT: Revised Request for Additional Authorization to Provide Habitat Mitigation
Support Services Pertaining to 1.5 -Acre Habitat Restoration Site Located at John
Wayne Gulch Including 0.62 -Acre Restoration and Maintenance at the Southeast
Polygon Associated with Sunset Ridge Park, Newport Beach, California
Dear Mr. Sinacori:
Glenn Lukos Associates, Inc. (GLA) is requesting additional authorization to assist the City of
Newport Beach (City /Client) in mitigation planning, implementation, and monitoring associated
with the Sunset Ridge Park Project (Project) located in the City of Newport Beach, Orange County,
California.
The mitigation is required pursuant to Special Condition 17 of the Notice of Intent to Issue Permit
(reference number 5 -11 -302) from the California Coastal Commission (CCC) associated with the
development of the Project. Pursuant to the referenced Notice of Intent, the City is required to
prepare and implement a plan to restore 1.5 acres of coastal sage scrub habitat in the City of
Newport Beach, Orange County, California.
This revised request for authorization includes tasks pertaining to selection of a suitable site
(already completed), preparation of a restoration plan (already completed), installation, performance
of a five -year maintenance and monitoring progran, and submittal of annual reports to the CCC for
five yeas after planting. Per the City's request, GLA has already walked the site with LCG
Landscape (Landscape Contractor /Subcontractor) and elicited cost estimates to conduct the
necessary work. This revised proposal contains the implementation and five -year maintenance cost
calculated for the 1.5 -acre proposed mitigation site provided by LCG Landscape.
In addition, included herein is an estimated budget of $50,000 to be allocated for future
in igation/plant installation and five -year maintenance of the 0.62 -acre Southeast Polygon as
29 Orchard ® Lake Forest to California 92630 -8300
Telephone: (949) 837 -0404
Facsimile: (949) 837 -5834
9 of 29
Michael Sinacori
City ,of NewportBeach
October 29, 2612
[Revised November 1.5, 2013]
Page 2.
outlined in the Restoration. Plan Pursuant to Consent Cease and Desist Order CCC -1I -CD -03 and
Consent Restoration Order CCC- II -RO -02 for Newport Banning Ranch and Sunset Ridge Park
Properties, dated July .l 1., 201 l (Restoration Plan). Installation in the Southeast.Polygon is
expected to occur within 19 months from the date of this revised proposal, and exact pricing will be
determined based on sub - contractor bids.
GLA's proposed scope of work is set forth in detail below along with the proposed fees.
COST
The proposed fee for performance of Tasks I through VII as .presented in the attached. scope of
work is $232,790 including Subcontractor costs and other direct costs, but not including meetings
or other tasks not specifically addressed..in the scope of work.
Supplementary services beyond the limits of this scope of work, if heeded, are available from GI.A
on.a time -and- materials basis. If major changes in the scope of work required, flle Client will he
notified at the earliest possible time.
The following assumptions are incorporated into the proposed fee:
1. An unobstructed water source will be provided bythe Client for irrigation at each point of
connection (POC) within I j000 linear feet of mitigation irrigation systems with a minimum
of 50 pounds- per - square inch (PSI) at each POC.
2. Points of connection for irrigation water, water pressure; and electricity suitable for use in
the irrigation system will be available at the 1.5- acre site and the Southeast Polygon.
3. Water meter, water fees, and electricity costs are to be paid by the Client.
4. The Client will assume all remed ation.costs related to trash dumping, vandalisnr and Acts
of God.
5. No surveying, grading, and fencing of mitigation site boundaries will be conductcd.
6. This revised proposal is based upon billing rates as of the date of this proposal. If the work
described herein is not authorized. within 60 days of the date of this proposal, the cost
estimate may have to be revised to reflect new Subcontractor estimates and revised billing
rates.
This revised proposal includes Subcontractor costs associated with plant installation and
five -year maintenance at both John Wayne Gulch and Southeast Polygon sites mad five -year
monitoring only at the John Wayne Gulch site. Container plant costs are to be paid by the
Subcontractor.
10 of 29
Michael Sinacori
City of Newport Beach
October 29, 2012
[Revised November 15, 2013]
Page 3
SCHEDULE
Work will begin within two weeks following receipt of a fully executed contract.
Should you have any questions regarding this revised proposal, please feel free to contact me at
(949) 837 -0404.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Dominique Brunel for
Glenn C. Lukos
President
s:0560- 19c.pro.doe
SA/T13
Enclosure
11 of 29
SCOPE OF WORK
MITIGATION IMPLEMENTATION SUPPORT SERVICES
FOR SUNSET RIDGE PARK
NEWPORT BEACH, CALIFORNIA
TASK I. GENERAL PROJECT COORDINATION
GLA will coordinate all mitigation- related activities with the City from the inception of the
Project throughout the five -year mitigation period to ensure that permit conditions are satisfied
and any potential problems are made known to the City and resolved at the earliest possible
opportunity. GLA will coordinate with the City and the California Coastal Commission (CCC)
to ensure that the Project is implemented consistent with conditions of approval set forth by the
CCC.
TASK II. CONDUCT INITIAL SITE ASSESSMENT [Completed]
GLA conducted an initial assessment of potential. restoration areas within John Wayne Gulch and
prepared a graphic indicating available acreage for potential restoration, After the identification
of a suitable restoration area, GLA conducted an onsite meeting with Matt Ymko of the
California Coastal Commission (CCC) to ensure consistency between the City's proposed
restoration areas and areas to be restored by the Coastal Commission's volunteer crews. GLA
conducted an additional site visit at potential coastal sage scrub restoration areas within John
Wayne Gulch with. LCG Landscape, (Landscape Contractor) to obtain a cost estimate for the
implementation of restoration work in the proposed Sunset Ridge Park Restoration Site.
GLA demarcated the 1.5 -acre restoration area in the field using flagging, and documented using a
global positioning system. (GPS).
TASK III. PREPARE RESTORATION PLAN [Completed]
GLA will prepare a conceptual habitat mitigation and monitoring plan (HMMP) consistent with the
conditions of approval provided by the CCC. After review and. approval by the City, GLA will
submit the plan to the CCC for approval and comment. Upon receipt of continents from the CCC,
GLA will make the appropriate changes and prepare a final HMNIP, which will serve as the guiding
document for the implementation of the restoration and monitoring activities, and will outline the
final success criteria for the mitigation site.
12 of 29
TASK IV. PREPARE FOR MITIGATION INSTALLATION
GLA will prepare a Planting Plan that will depict the locations of all habitat restoration, creation
and /or enhancement sites. The Planting Plan will be at a minimum 40- scale. The Planting Plan
Details will include plant palettes indicating sizes, quantities, and species of the container stock and
the rate and species of the seed material to be utilized at the project site.
GLA will coordinate with a, native plant nursery and Landscape Contractor regarding plant material
from local sources and enter into a contract with the nursery, and order plants in advance of
anticipated plant installation. GLA will conduct a single nursery inspection of all container stock to
ensure plant health and confirm availability of sufficient quantities. GLA will coordinate delivery
of plant materials with the native plant nursery and Landscape Contractor.
TASK V. INSTALL MITIGATION
GLA will review the planting and irrigation plans during one site visit with the Landscape
Contractor to assure understanding of the mitigation plan and conditions of approval. GLA will .
coordinate with the Landscape Contractor and Client regarding staging, site preparation, and
installation.
GLA shall review grubbing and clearing operations within the mitigation site and oversee the
removal of exotic pest plants. GLA will coordinate scheduling of herbicide applications for the
weed eradication program with Landscape Contractor and Client.
At the completion of site preparation, GLA sball coordinate with Landscape Contractor to verify
that all planting areas have been properly prepared.. GLA shall inspect the irrigation system
installation and check for adequate coverage prior to plarrt installation. GLA will indicate approval
to Landscape Contractor in writing before planting or seeding operations may commence.
GLA will identify plant locations in the field with 21 -inch pin bags. The flags will be color coded
as to species, as necessary. GLA will provide Landscape Contractor a list of plant species with
their appropriate color code prior to plant installation. Alternatively, GLA will assist in the actual
placement of container plants in the designated 'installation locations. GLA will supervise the
installation of the container stock and will be present on -site during planting to ensure suitable
planting methods are utilized.
GLA will review the entire planting area to verify completion of landscape work, and advise the
City and Landscape Contractor of any deficiencies requiring rem.ediation. At the satisfactory
13 of 29
completion of plant installation, GLA will. notify Landscape Contractor in writing of the acceptance
of the Work and the commencement of the five -year maintenance period.
After initial planting, GLA will record species, quantities, and locations of all plantings. At this
time, GLA will also record any significant problems encountered during planting, or any deviation
from the Planting Plan.
'CASK. VI. CONDUCT POST-INSTALLATION MONITOR6NO
After initial planting, GLA will conduct qualitative site monitoring of the mitigation site on a
monthly basis for the first 18 months, and quarterly thereafter, to document any problems with
plants, seed germination, irrigation, erosion, vandalism, weed. invasion, etc. that might adversely
affect the success of the mitigation. Notes on wildlife use will be included (i.e., direct observations
of nests, animals, and/or other related evidence observed during site visits). During the first 18
months, GLA will meet monthly with the Landscape Contractor to advise on maintenance
procedures, and quarterly thereafter. GLA will prepare memos to the Client to report any problems
and docrmrent observations of the site visit for the first annual monitoring report.
GLA will perform the first -year annual monitoring effort following the first growing season after
plant installation. At this time GLA will conduct a census of all container stock in order to
determine the amount of mortality and whether replanting may be necessary to sustain the intended
vegetative composition consistent with the Restoration Plan. GLA will provide the Landscape
Contractor with a list of replacement plant species to be installed between November and March.
The replacement plants will be of the same species, spacing, and size as specified for plants being
replaced.
GLA will also perform the first through fifth annual monitoring surveys using the one - meter
quadrat method. As outlined in the Restoration Plan, one -meter quadrats will be placed randomly
throughout the restoration and reference sites. Placetnent of quadrats will be determined using
random numbers tables to provide two coordinates: one that indicates the distance along a
longitudinal centerline bisecting each polygon, and one that determines the distance fiom the line.
Plots will be placed on alternating sides of the centerline and perpendicular to the centerline.
Vegetative cover will be visually estimated within the quadrat for each species present and recorded
on. a data sheet. Any species present during the sampling that does not fall within a quadrat will be
recorded and included on the list of species for the restoration site. At least 30 replicates per acre
will be initially sampled. Sample variance from data collection in years one through. three will be
used to determine if 30 samples per acre is adequate. Adjustment will be made to the number of
samples, as necessary.
GLA will prepare annual monitoring reports summarizing performance of the restoration project
based on the quantitative data from quadrats and qualitative observations over each year and
14 of 29
recommend steps to be taken to ensure. that performance criteria will be achieved for each year.
After review and approval by the Client, each year's annual monitoring report will be. transmitted.to
the California Coastal Commission, hy.Decermber 31" of the inonitoting:year.
TASK VII. INS'T'ALLATION AND FIVE -YEAR MAINTENANCE AT THE
SOUTHEAST POLYGON
This task included an estimated budget of $50,000 allocateclfor future installation of irrigation,
container plants and hydroseed, as well as five -year maintenance of the 0.62-acre. Southeast
Polygon. Installation in the. Southeast Polygon is expected to occur within 18 months from the date
of this proposal, and exact.pri.cing will be deteruinedbased on sub- contractor'b. ids to be:requested
prior to implementation. Bids will be elicited from at least three local subcontractors who
specialize in restoration of native plant communities in the region..
15 of 29
EXHIBIT B
SCHEDULE OF BILLING RATES
Glenn Lukos Associates, Inc. Page B -1
16 of 29
DIRECT EXPENSES
GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including,
but not limited to, necessary transportation costs including mileage by automobile at the cunent rate
allowed by IRS, meals and lodging, laboratory tests and analyses, .retention aid management of
technical consultants, priming, and binding charges. Reimbursement for these expenses shall be on
die basis of actual charges when furnished by GLA. An administrative charge of 15% shall be
applied to all direct expense and Subcontractor charges (this administrative fee has already been
included in the cost estimate provided in this proposal).
The table below has been developed to aid us in. estimating the total cost of the proposed work and
is provided for your information only. Unless otherwise arranged with the Client, the cost of each
task is not meant to be precise and we may find it necessary to shift costs between tasks as the work
proceeds.
TASK
TOTAL COSTS
Project Coordination
$8,460
Conduct Initial Site Assessment
$3,160
Prepare Restoration Plan
$6,310
Prepare for Mitigation Installation
$2,270
Install Mitigation
$3,660
Conduct Five -Year Monitoring
$50,630
Im lement Mitigation (Subcontractor)
Mobilization
$1,150
Site Preparation
$12550
Irrigation Installation
$13,250
Plant Installation ncluding Plant Cost]
$30,120
Five-year Maintenance
$53,230
Future Task (Southeast Polygon)
Installation and Five•Year Maintenance
$50,000
TOTAL
$232,740
17 of 29
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
Agreement, including coverage for any owned, hired, non -owned or rented
Glenn Lukos Associates, Inc.
Page C -1
18 of 29
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
shall be kept on file with City at all times during the term of this
Glenn Lukos Associates, Inc Page C -2
19 of 29
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
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.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Glenn Lukos Associates, Inc Page C -3
20 of 29
Attachment C
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
21 of 29
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 00 1100 ($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 00/100 ($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
22 of 29
IN WITNESS WHEREOF, the parties have caused this Amendment No. Eight to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY AT R E�('S OFFICE a California municipal corporation
Date: << Date:
V I " VVV L-�— By:
Aaron C. Harp I/ Keith D. Curry
City Attorney ,X111W Mayor
ATTEST: CONSULTANT: EPT DESIGN, a
Date: California corporation
Date:
By: By:
Leilani I. Brown Matt Durham
City Clerk Vice President
Attachments:
EPT DESIGN
Date:
By:
Steve Carrol
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Page 3
23 of 29
EXHIBIT A
SCOPE OF SERVICES
EPT DESIGN
Page A -1
24 of 29
landscape architecture I urban design I planning
20 November 2013
Andy
fNe
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Sunset Ridge Park - C -3449
EPTDESIGN Project Number E07 -51 1.10 — Amendment No. 8
Dear Andy:
EPTDESIGN is requesting a contract change order for the following additional
Landscape Architectural services:
Coastal Commission Studies and Revisions:
• Prepared several planting exhibits for California Coastal
Commission reviews
• Make numerous plant palette adjustments to satisfy
California Coastal Commission special conditions
• Remove number of trees, and large shrubs in the CSS
areas
• Remove most of the trees in the foraging area
• Revise final draft construction drawings, including:
1) Addition of CSS seed mix designs
2) Revise construction drawing planting counts
3) Revise construction drawing irrigation plans
• Multi conference calls with California Coastal
Commission and attend meeting with the CCC in Ventura Cn
• Coordinate with BonTerra on foraging habitats
Additional Plans and Exhibits:
• 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
9821 Irvine Center Drive, Irvine, CA 92618
T 1949,502.4500 F 1 949. 502.4510 www.eptdesign.com
25 of 29
landscape architecture I urban design I planning
Andy Train
20 November 2013
Sunset Ridge Park — C -3449
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. 11/20113 Amendment No, Q Signed
EPTDESIGN
26 of 29
EXHIBIT B
SCHEDULE OF BILLING RATES
EPT DESIGN Page B -1
27 of 29
Sunset Ridge Park
Fee Schedule for Amendment No. 8
20 November 2013
Principal Studio Director Associate Project Manager Project Captain Designer Clerical Sub
$210 $160 $150 $110 $100 $90 $75 EPTDESIGN Consultants GRAND
Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Totals Total TOTALS
Extra Services
28 of 29
Marketing illustrative Plan
Planting ExhiVits for CCC
Planting Palette AcIlustrnents
Native Plant Research
21
-420�
MMJM�
W
Seed Mix Revisions
Planting C1 Kevisions
Irrigation CD Revisions
28 of 29
Attachment D
SOP'
y
z �► ®vv
�O
PROJECT s
LOCATION
a a
UPPER GO
NEWPORT
RAY W
LO
0
3
3
a°
CITY OF NEWPORT BEACH
JOHN WAYNE GULCH PUBLIC WORKS DEPARTMENT
3
LOCATION MAP C -3449 12/10/2013
29 of 29