HomeMy WebLinkAbout18 - Back Bay View Park Replenishment & EnhancementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
October 23, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori, P.E.
949 - 644 -3342 or msinacod @city.newport- beach:ca.us
.SUBJECT: BACK BAY VIEW PARK REPLENISHMENT AND ENHANCEMENT —
APPROVAL OF LANDSCPE CONCEPT PLAN AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH SWA
RECOMMENDATIONS:
1. Approve Replenishment and Enhancement Landscape Concept Plan.
2. Approve a Professional Services Agreement with SWA of Laguna Beach,
California, for architectural landscape design services for a not to exceed price of
$95,000 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Since the construction of the Back Bay View Park in 2004 at the corner of Jamboree
Road and East Coast Highway, the City has received numerous comments about the
lack luster appearance. Many residents desire the park provide more useful and
attractive elements. Working with Mayor Pro Tern Selich and Council Member Webb in
early 2007, staff solicited proposals from three firms to provide a concept plan for
physical enhancements at the Back Bay View Park. In May 2007, SWA was hired to
provide a concept plan for these improvements. The concept plan was completed in
late June (see attached). Since that time, staff has been working towards a contract
with SWA for final design services to implement the proposed concept plan. Cost
estimates for the construction project are approximately $1,000,000. The majority of
the funding will need to be appropriated at a later date.
SWA will provide design development, construction documents, and bidding assistance.
for the Back Bay View Park Replenishment and Enhancement that includes the following
components:
• Finish grading and surface drainage of pedestrian pavements, boulders, and
new planting areas
Back Bay View Park Improvements —Approval of Professional Services Agreement with SWA
October 23, 2007
Page 2
• Pedestrian improvements
• Gazebo improvements, including architectural and structure design efforts, or
similar type structure proposed in concept plan development
• Permanent or temporary fence for rabbit protection of new plant material
• Site furniture including benches and trash receptacles
• Planting and soil amendment
• Irrigation modifications
Environmental Review:
CEQA compliance will be developed upon completion of the contract documents.
Funding Availability:
There are sufficient funds available for the project design efforts in the following
account:
Account Description
Back Bay View Park- -
Replenishment and Enhancement
Prepared by:
A q
Mi ael J. Sinacori, P.E.
Assistant City Engineer
Account Number Amount
7015- C3170933 $. 95,000
Total
[ ..1_:i _A L...
$ 95,000
Attachment: Back Bay View Park — Proposed Landscape Concept Plan
Professional Services Agreement with SWA
•
•
JAMBOREE ROAD
Legend
1 Existing Baccharis pilularis 'Pigeon Point'/
Infill with plant of same variety
2 Plant Baccharis pilularis 'Pigeon Point'
3 Existing Salvia clevelandii to remain
4 New Salvia clevelandii
5 New Opuntia littoralis
6 New Baccharis 'Centennial'
7 Infill existing Baccharis pilularis
'Consanguinea'. Rhus integrifolia
8 Existing Salvia leucantha to remain
9 Existing Cistus corbariensis to remain
10 New Qucmus agrifolia / dumosa
11 New Salix spp. / Sambucus mexicam
12 Rhus integrifolia
13 Infill existing mesa with Baccharis pilularis
'Consanguinea' and Eriogonum fasciculatum
14 Coastal Meadow / Low Grass:
Carex pansa
Camx praegmcilis
Nassella pulchra
15 Under -plant 10' wide strip on each side of
walk with Baccharis pilularis 'Pigeon Point'
and Iva hayesiana. artemisia califomica
'Canyon Grey'
16 Hydro seed with shrubs and groundcover
Landscape Plan
Back Bay View Park
Newport Beach, Califomia
Prepared for: City of Newport Beach
Prepared by: SWA Group
CNBN701 06.19.07
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1, iii i;l1
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J�. — - N
Gazebo Imaee Board
Back Bay View Park
NmTwn Beach, California
Pmpamd for. City of Newport Beach
Pk pared by: S WA Gro p
CNBN701.A 07.10.01
PROFESSIONAL SERVICES AGREEMENT WITH
SWA GROUP, INC. FOR ARCHITECTURAL LANDSCAPING SERVICES
FOR THE BACK BAY VIEW LANDING PARK
THIS AGREEMENT is made and entered into as of this day of October 2007, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
SWA GROUP, INC., a California Corporation whose local address is 580 Broadway,
Suite 520, Laguna Bea_ ch, California, ( "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 California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to renovate Back Bay View-Landing Park in the City of Newport
Beach, by adding pedestrian walkways, additional landscaping, a gazebo and
park benches, among other things. In May 2007, City retained Consultant to
provide a conceptual design for the proposed renovations.
C. City now desires to engage Consultant to provide the architectural construction
documents in connection with the proposed renovations at Back Bay View
Landing Park (the "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 David
Berkson.
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 30 day of June, 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
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
(subject to the usual and customary standards of professional care) and the
services shall be performed to completion in a diligent and timely manner. The
failure by Consultant to perform the services in a diligent and timely manner 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 Ninety Five Thousand and no /100 ($95,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 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.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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 Monica Simpson
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 for reasonable cause, shall remove from
the Project any of its personnel assigned to the performance of services upon
written request of City. Consultant represents that it will continuously furnish 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 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
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represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
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 usual and customary professional standards of care.
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 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
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work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor'), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, its City Council,
boards and commissions, officers, agents, 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 reasonable attorney's fees)
(individually, a Claim; collectively, "Claims "), to the extent caused by the
negligent acts, errors or omissions or willful misconduct of the Consultant or its
principals, officers, agents, employees, consultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be
legally liable.
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
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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.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order that 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
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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
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:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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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.
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Provided Consultant has been paid for services rendered, 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. 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.
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19. 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.
20. 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.
21. 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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall have an immediate right to appeal to the City Manager or
his/her designee with respect to such disputed sums. Consultant shall be entitled
to receive interest on any withheld sums at the rate of return that City earned on
its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant to the extent that they 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
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intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
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.
26. 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:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Monica Simpson
SWA Group, Inc.
580 Broadway, Suite 200
Laguna Beach, Ca.
Phone: 949 -497 -5471
Fax: 949-494-7861
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27. 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.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all applicable statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, in force at the time services are rendered. 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.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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:
—Cff�-
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
MM
Steve Rosansky
Mayor
CONSULTANT: SWA GROUP, INC.
M
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Billing Rates
f: luserslpbwlsharedlagreementslfy 07- 081swa group -back bay view landing.doc
14
EXHIBITA
SCOPE OF SERVICES
BACK BAY VIEW PARK
SWA shall provide design development, construction documentation and bidding period as later described,
for the following scope of items:
1. Finish grading and surface drainage of pedestrian pavements, boulders and new planting areas.
2. Pedestrian pavements.
3. Gazebo structure.
4. Permanent or temporary fence for rabbit protection.
5. Site furniture including benches and trash receptacles.
6. Planting and soil amendment.
B. SWA will retain and direct the services of professional consultants as directed by Client for
1. Structural engineering for the gazebo.
2. Irrigation downstream from mainline pant -of- connection.
3. Architectural services for gazebo.
PROCEDURE:
Design Development
Based on the approved plan presented on June 21, 2007 and upon Client's authorization to commence design
development, SWA shall prepare design development drawings and a preliminary estimate of probable
construction cost for SWA's portion of the work The design development plans will define the character and
essentials of the project, including selection of materials.
SWA shall assist Client in filing the appropriate plans and documents which are required to secure the necessary
design approvals from the various governmental agencies having jurisdiction over the project, but Client shall be
solely responsible for securing all such approvals.
Construction Documentation
Upon Client's approval of the design development plans and preliminary cost estimate, SWA will develop
working drawings and technical sections of specifications to construct the work and shall prepare a final
estimate of probable construction cost. Client shall be responsible for Bidding and Contract Requirements and
General Requirements divisions of the specifications. Gazebo plans will be done as a bid alternate.
SWA shall prepare working drawings and technical sections of specifications to reasonably conform to applicable
codes and regulations of governmental bodies having jurisdiction over the work at the time of preparation.
SWA will assist the client with submissions to the Coastal Commission if required.
Michael Sinacori
City Of Newport Beach
CNBN701.A
August 30, 2007
Revised September 13, 2007
Revised October 15, 2007
Paget
In developing working drawings and technical sections of specifications, SWA shall use its best efforts to
coordinate its services with those of other consultants and to maintain a construction budget in accordance with
the preliminary design estimate of probable construction cost accepted by Client at the end of the preliminary
design phase.
Bidding or Negotiation Phase
If required by the Client, SWA shall assist Client in obtaining and evaluating bids or negotiating proposals, and
assist in awarding and preparing contracts for construction.
Construction Observation
SWA shall select and pre -tag specimen plant material that areto be Owner- supplied or proprietarily selected.
SWA shall make periodic visits to the site to familiarize itself generally with the progress and quality of
construction and to determine In general if the construction is proceeding in accordance with SWA's design
intent and. construction documents. On the basis of its observations while at the site, SWA will keep Client
informed of the progress of construction. SWA may recommend to Client the rejection of workfailing to conform
to the contract documents.
DEVELOPMENT BUDGETS
A. As part of the Concept Design Phase, a proposed development budget for all items of work under the Scope
of Services was established and approved at $867,000.
B. This development budget shall be revised and approved at the completion of Design Development Phase
and Construction Documentation Phase.
DESIGN APPROVAL
Michael Sinacori has been designated as the person responsible for design direction to SWA for this project and
has the authority for design approval. In the event that the design, as approved by Michael Sinacori is rejected
by others, and re- design is required, such re- design services shall be compensated as Additional Services.
FW A
MEETINGS AND SITE VISITS
Michael Sinacori
City Of Newport Beach
CNBN701.A
August 30, 2007
Revised September 13, 2007
Revised October 15, 2007
Page 3
This proposal includes Professional Services time for up to 4 meetings for coordination with Client, agencies,
consultants or Owner, and up to 8 site visit /construction observation meetings, scheduled approximately as
follows:
Pre - construction Meeting
i
Layout of Hardscape Elements/Grading
1
Irrigation
2
Planting
2
Approval to Begin Maintenance Period
i
Punch List Completion
i
Total
8
EXCLUSIONS TO SCOPE OF SERVICES
Client shall provide the following information or services as required for performance of the work. SWA assumes
no responsibility for the accuracy of such information or services and shall not be liable for error or omissions
therein. Should SWA be required to provide services in obtaining or coordinating compilation of this
information, such services shall be charged as Additional Services.
A. Topography and boundary surveys.
B. . Legal descriptions of property.
C. Soils testing and /or engineering.
D. Existing site engineering and utility base information.
E. Overhead aerial photographs at controlled scale.
F. Engineering other than that provided within the Scope of Services.
EXHIBIT B
FEES AND TERMS
Fee for Professional Services shall not exceed $102A00 including
reimbursable expenses without further
authorization.
These services will be billed on an hourly basis based on the attached fee schedule.
We estimate the following fee breakdown by phase:
SWA
Irrigation
Architect
Structural
Design Development $16,000
$2,000
$3,000
Working Drawings and Specifications $30,000
$7,900
$7,000
$7,000
Coastal Commission Coordination $5,000
( If Required)
Construction Observation $9,000
$2,100
$2,000
$2,000
Sub Total $60,000
$12,000
$12,000
$9,000
Fee Total $93,000
Reimbursable Total $2000
Grand Total $95,000
REIMBURSABLE COSTS:
The following costs shall be reimbursed at cost plus ten percent and are not included in the Fee for Professional
Services:
A. Cost of postage and shipping expenses other than first class mail.
B. Photographic services
C. Cost of models, special renderings, promotional photography, special process printing, special equipment,
special printed reports or publications, maps and documents approved in advance by the Client .
END
FEES FOR PROFESSIONAL SERVICES:
Services outlined under the Scope of Services or under Additional Services shall be provided on a time basis
computed as follows:
Principal Rate per Hour
Berkson 240.00
O'Malley 220.00
Simpson 200.00
Maloney 180.00
Other principals, if used on this project, have rates ranging from $160.00 to $250.00 per hour. These rates are
applicable for six months from the date of the Agreement for Professional Services, but may be increased
subsequently without written notice.
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Landscape Plan
Back Bay View Park
Newport Beach. California
Prepared for: City of Newpm Beach
Preparedby. SWACrtoup
CNBN701.A 0710.01
Document Schedule
Back Bay View Park
The SWA Group
Revised 10/16/2007
M nth October Novemoer
Task v, c , I vz e z 5 •� 12 1611923126301
_ - --
December .hnue
2 7 10 14 1721 2 4 7 11 14
#Ohtrrmatiot}"
,, .
I City Approve Contract
_
2 Review Sculpture Locations
3 Prepare Gazebo Schematic
/ Update Development Plan
i Meet with City to Review Plans
O
Prepare Final Approved Pia,
_
_
I Format Base Sheets
2 Prepare Planting Plans
3 Prepare Imgation Coordination Plan
0 Prepare Gazebo Plan and Elevation
Prepare Design Devclopment Details
Submit TO City for SO% Design Review
- - - - - -
C. tGonstfvctfon:DOCUments_. ", '
-
Prepare Planing Plans
Prepare Irrigation Plans
Prepare Gazebo Plan and Elevation
Prepare Construction Details
Prepare Specifications
Submit Plans far City Plan Check 85%
Revise 1st Plan Check
Submit Plans for Plan Check 100%
Revise 2nd Plan Check
0 Submit Plans to Coastal Commission
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