HomeMy WebLinkAbout04 - McFadden Plaza Centennial MonumentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
August 14, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Emmet Berkery
714- 343 -3474 or embpe @aol.com
SUBJECT: MCFADDEN PLAZA CENTENNIAL MONUMENT - APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH PERIDIAN
INTERNATIONAL, INC.
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Peridian International, Inc.,
of Newport Beach, CA, for the McFadden Plaza Centennial Monument project
at a not to exceed price of $35,500 and authorize the Mayor and City Clerk to
execute the Agreement.
2. Approve a budget amendment increasing revenue estimates in 0129 -5887 by
$45,000.00 and increasing expenditure appropriations in 7251- C8002005 by
$45,000.00 to cover the costs for design and preparation of an environmental
document and application package for a Coastal Development Permit.
DISCUSSION:
On April 25, 2006, the City Council reviewed a concept plan from the Centennial
Sponsorship Development Committee for a proposed project at McFadden
Square which would commemorate the City's centennial. The concept plan was
developed by Peridian International Inc. after several months of input, discussion,
and review by City staff, the public, and the City Arts Commission. The concept
plan has two phases.
Phase One covers the area between the four benches near the entry to Newport
Pier and the Dory Fishing Fleet. Phase One would replace the existing
hardscape with granite pavers in the form of a labyrinth and includes a historical
timeline, a granite band with donor names, a seat wall with plaques for major
donors, and a sculptural element. The estimated cost is $491,000.
McFadden Plaza Centennial Monument — Approval of Professional Services Agreement with Peridian International, Inc.
August 14, 2007
Page 2
Phase Two expands farther out into the plaza area. Phase Two expands the
concept with additional concrete rings and interlocking pavers farther out into the
plaza area. Phase Two would also include palm trees, benches and tables at an
estimated cost of $1.4 million.
Fund raising efforts were initiated subsequent to the Council meeting and
Peridian has commenced the preparation of design plans for Phase One. To
date, over $250,000 has been raised. At this time, staff is proposing the approval
of a Professional Services Agreement with Peridian International for the design of
the Phase One improvements and the appropriation of a portion of the private
donations received to date to cover the cost of Peridian's contract and the costs
associated with the preparation of an environmental :document and processing of
a Coastal Development Permit. Once sufficient funds are raised to construct
Phase One, the remaining funds would be appropriated at the time a construction
contract is awarded.
The tentative construction start date is January or early February of 2008. Plans,
specifications, and bid documents are nearing completion and staff expects to
submit a Coastal Commission permit application this month.
Environmental Review
No review needed for design contract.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are
available in the following account(s) for the project:
Account Description
Contributions
Prepared by:
6%nt-� 1
Emmet Berkery.
Project Coordinator
Account Number Amount
7251- C8002005 $45,000.00
Submitted by: _
Attachment: Professional Services Agreement
stepy.,ps. baaum
Public Works Director
PROFESSIONAL SERVICES AGREEMENT WITH
PERIDIAN INTERNATIONAL, INC.,
FOR MCFADDEN PLAZA CENTENNIAL MONUMENT
THIS AGREEMENT is made and entered into as of this day of
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and PERIDIAN INTERNATIONAL, INC., a California Corporation; whose
address is 28TH Street Marina, 2600 Newport Boulevard, Suite 130, Newport Beach,
California, 92663 ( "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 install a McFadden Plaza Centennial Monument in McFadden
Plaza.
C. City desires to engage Consultant to review landscape standards and develop a
conceptual landscape design for softscape and .hardscape, prepare landscape
construction plans and construction details, and other related additional services
described in Exhibit "A ". ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Rae L.
Price, FASLA, Principal.
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 31st day of July, 2009, 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 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 Thirty Five Thousand Dollars and no /100 ($35,000.00) 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.
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
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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 RAE L. PRICE,
FASLA, 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 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 Public Works Department.
EMMET BERKERY, 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.
7. CITY'S RESPONSIBILITIES
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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 bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
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.
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
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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
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.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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
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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
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
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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.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared orL 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 CARD 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
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.
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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
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.
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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: Emmet Berkery, Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport B_ each,.CA, 92663.
Phone: 949- 981 -5260
Fax: 949 -644 -3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Rae L. Price, FASLA
Peridian International, Inc.
28th Street Marina
2600 Newport Boulevard, Suite 130
Newport Beach, CA 92663
Phone: 949 -675 -2445
Fax: 949 - 675 -9992
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. in the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City;
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by.either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind.or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements . of whatsoever kind or nature. are merged,herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
13
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
PERIDIAN INTERNATIONAL, INC.:
(Corporate Officer)
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: \Users \PBW \Shared\Agreements\FY 06- 07\Peridian- McFadden Plaza Centennial Monument,doc
14
I N T 8 It IN A T f 0 N A1,, ;NC',
SCHEDULE A
July 13, 2007
Mr. Lloyd R. Dalton, P.E.
Public Works Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Reference: McFadden Plaza Centennial Monument
Dear Mr. Dalton:
Peridian International, Inc. is pleased to submit this proposal for landscape
architectural services and fees for your McFadden Plaza Centennial Monument project
located adjacent to the Newport Pier.
PERIDUN INTERNATIONAL, INC., a California Corporation, (hereinafter
"Peridian "), Landscape Architects & Land Planners, proposes to, render the following
described services to CITY OF NEWPORT BEACH, (hereinafter "Client ").
1. CONSTRUCTION DOCUMENT PHASE
1. Demolition Plan — showing areas to be demolished and removal of
existing site materials, i.e. concrete, pavers, etc.
2. Landscape Construction and Layout Plans - indicating locations,
material reference, and dimensions of landscape construction elements
such aslabrynth, plaza paving areas, and benches.
3. Landscape Construction Details - of landscape construction items such as
labrynth, paving sections, bench structures and sculpture feature.
4. Construction Specifications— (City of Newport Beach format).
5. Estimate of probable landscape construction costs.
6. The specific Professional Services for Construction Document Phase shall
consist of and be limited to the following:
a. Preparation of site demolition and removal ® 1 " =8' -0" scale; 1
sheet.
2'ilh :?i f +•:'I J'ai.: rir 1, 2 1,0O !- aglvpnrt lilt:!.. ]6 ii:• ' i" Xl:
k.nraUr pQn'Ii.r.w! pxridioll Il t •: l'd:•h °; .a: ,,. 1.....i?� [rdiad.:'ri
i.a ndl"C.,1,:•
ar::iii�i:cl dre
Mr. Lloyd R. Dalton, P.E.
Public Works Department
City of Newport Beach
July 13, 2007
Page 2
b. Preparation of Layout Construction Plan @ V= =8' -0" scale; l sheet.
C. Preparation of Landscape Construction Details @ a variety of
scales. (3 sheets maximum)
d. Preparation of estimate of probable construction cost.
e. Preparation of Construction Specificatiorns.
f. Peridian anticipates attendance and /or participation in not more
than 8 meetings and not more than 40 total hours of professional
time. (2 persons)
g. Construction support (RFI, shop drawing /catalog cut approvals,
change orders preparation, etc.).
h. Preparation of mylar as -built plans based on contractor's marked
up plans of modifications and changes.
11. ADDITIONAL SERVICES
These services are not included:
1. Providing services of outside professional consultants; such as civil and
electrical engineers, architects, agronomists, surveyors, geologists or
environmentalists, if required by City.
2. Providing services to verify accuracy of information or drawings
provided by City.
3. Presenting or processing drawings through public or private agencies for
the purpose of attempting to obtain approvals, permits, appeals, coastal
commission approval, certification or any other processing approval
requirements.
4. Providing services not otherwise included in this Agreement nor
customarily furnished in accordance with generally accepted landscape
architectural practice.
5. Making revisions to Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions or
are due to causes beyond the control of Peridian.
Mr. Lloyd R. Dalton, P.E.
Public Works Department
City of Newport Beach
July 13, 2007
Page 3
6. Providing services made necessary by the default of the Contractor or by
major defects or deficiencies in the Work of the Contractor, or by failure
of performance of either the Client or Contractor under the Contract for
Construction.
III. FEES
Client shall compensate Peridian as follows:
The fee for Construction Document Phase services shall be hourly not -to- exceed
Thirty Six Thousand Five Hundred Dollars ($36,500.00). The fee will be billed
monthly showing personnel, - hours worked and hourly rates, and shall be
payable upon receipt by the Client.
Landscape Architect (not -to- exceed) $ 35,000.00
Structural Engineer (not -to- exceed) 1.500.00 (if required)
Total Estimated Fees $ 36,500.00
IV. SCHEDULE
The anticipated date of completion of work to be performed under this
agreement is Three IIundred Sixty -Five (365) days after authorization to
proceed.
V. REIMBURSABLE EXPENSES
Reimbursable expenses are charged in addition to the compensation for
professional services and any additional services, and include actual
expenditures made by Peridian, its employees or its professional consultants in
the interest of the project. Expenses will be billed at direct cost plus a 15%
administrative fee:
1. Expense of reproduction of drawings and specifications.
2. Expense of delivery services, postage, mailing and special or express
mailing.
3. Expense of professional renderings and /or scale models.
Mr. Lloyd R Dalton, P.E.
Public Works Department
City of Newport Beach
July 13, 2007
Page 4
This proposal specifically incorporates all terms and conditions in Peridiatls Standard
Contract and the City Professional Services Agreement.
If this proposal is acceptable Peridian will sign copies of the City Standard Contract
and return them to the City.
Very truly yours,
PERIDIAN 1NTERN6WN —A I
Rae L. Price, FASLA
Principal
EXHIBIT 63
SCHEDULES
PERMIAN INTERNATIONAL, INC.
FEE SCHEDULE
Hourly Fees
Principal
$175.00
Associate
135.00
Landscape Architect
125.00
Designer
95.00
Designer I
85.00
Draftsperson
65.00
Intern
50.00
Clerical
50.00
City of Newport Beach NO. BA- 08BA -007
BUDGET AMENDMENT
2007 -08
FFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: 545,000.00
X Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue and expenditure appropriations for McFadden Plaza Centennial Monument.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Description
250 3605
Contributions Fund - Fund Balance
010 3605
General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
Description
0129 5887
City Centennial - McFadden Square
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 7251
Contributions Fund
Account
Number C8002005
McFadden Centennial Monument
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Financial Approval:
Services Director
oigned:
//AAdpdministrative
/ �� ii ,
Affministrative Approvq
City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$45,000.00
$45,000.00
$45,000.00
$45,000.00
Date