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HomeMy WebLinkAboutC-3078(C) - Construction Observation Services for Bob Henry ParkAMENDMENT NO.2 CONSULTANT AGREEMENT Bob Henry Park for Construction Observation Services // THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this bid, day of C 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and the firm of purkiss- rose•rsi, whose address is 801 North Harbor Boulevard, Fullerton, California, 92632 (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On May 16, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. On September 9, 1996, Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in SECTION 2 of the AGREEMENT, CONSULTANT agrees to perform the following services: a) Provide additional construction observation services as requested by City staff, and as necessary due to extension of contract completion date to an anticipated date of June 30. 1997. b) Provide additional services as outlined in Letter from CONSULTANT. herein attached to this Amendment. as Exhibit A. 2. The maximum compensation set forth in AGREEMENT and Amendment No. 1 to cover services described in said AGREEMENT and Amendment No. 1 is $18,000.00. That amount is hereby increased by $8,236.00 to cover services described herein this Amendment No. 2 for a new total of $26,236.00. 3. CONSULTANT shall be compensated in accordance with this Amendment, and the terms and provisions of the original agreement. 4. Except as expressly modified herein, all other provisions, terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO 2 to AGREEMENT on the date first above written. City ..*. CITY OF NEWPORT BEACH, a municipal corporation , Ez" Public Works Director CONSULTANT BY: _ purkiss- rose•rsi ATTEST: ✓ O l . /'✓rfi�C.' City Clerk _. `a f: \groups\pubworks\agmt\purkiss -1 Am parkisserose -rsi March 24, 1997 Emmet Berkery 3345 Newport Blvd. #215 Newport Beach, CA 92663 SUBJECT: EXTENDED CONSTRUCTION OBSERVATION SERVICES, BOB HENRY PARK, CITY OF NEWPORT BEACH Dear Emmet: As I have discussed with you, we have continued to provide construction observation services at the City's request. From our discussion with you we understand that the original contract fee has been expended. Since the project construction period has been delayed and extended well past the December 1996 completion date, we are requesting additional fees to: cover the additional services the design team has provided and anticipate will be necessary to satisfactorily complete the project. Construction observation services that remain are: participation in the irrigation coverage test; review of turf seed bed and plant installation, review at 30, 60 and 90 day plant maintenance; preparation of final "punch list" for all project improvements, and review of "As Built" drawings from contractor. The following is a summary of expended and anticipated services. Unpaid November 1996 invoice $250.00 Unpaid December 1996 invoice .......................... $1,308.00 January 1997 invoice attached ........................... $1,750.00 February 1997 invoice attached ........................... $1,427.50 Anticipated March 1997 construction observations services ............$1,750.50 Anticipated April 1997 construction observations services ............ $500.00 Anticipated May 1997 construction observations services ............ $500.00 Anticipated June 1997 construction observations services ............ $750.00 TOTAL .......... $8,236.00 Landscape Architecture Recreation and Park Planning 801 Borth Harbor Boulevard Fullerton, California 92832 PAX. (714) 871-1188 (714) 871 -3638 0 9 Page 2 We would appreciate your assistance in securing funding for these additional services. We have continued to provide construction support whenever requested by the City. We would like to continue that service to insure that the project is completed in accordance with the construction plans and specifications. If you have any questions or need additional information do not hesitate to call. Sincerely, Steven N. Lang, A.S.L A. Landscape Architect #1 AMENDMENT NO. 1 CONSULTANT AGREEMENT Bob Henry Park for Construction Observation Services THIS A ENDMENT NO. 1 TO AGREEMENT, made and entered into this -_ day o �/ 11996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and the firm of Purkiss- Rose•rsi, whose address is 801 North Harbor Boulevard, Fullerton, California, 92632 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On May 16, 1996, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in SECTION 2 of the AGREEMENT, CONSULTANT agrees to perform the following services: a) Revise the project plans to accommodate a revision to the sidewalk and parkway dimensions along Dover Drive as requested by CITY. b) Revise the project plans to accommodate revisions to the driveway and on -site walkways in accordance with the requirements of the Americans with Disabilities Act, as requested by CITY. C) Provide additional shop drawing submittal review, and additional construction observation services as requested by CITY. 2. The maximum compensation set forth in Section 3 of the AGREEMENT to cover services described in said AGREEMENT is $11,500.00. That 'amount is hereby increased by $6,500.00 to cover services described herein this Amendment No. 1 for a new total of $18,000.00. 3. CONSULTANT shall be compensated in accordance with this Amendment, and the terms and provisions of the original agreement. 4. Except as expressly modified herein, all other provisions, terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO 1 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: "-40,'X Public Works Director AP 711 fV�'P-�AS TO FORI!TA-- �, City Attorney ATTEST: G 0-& 7X-L.' fi? City Clerk CONSULTANT BY: CAWJ -z � V4 � Purkiss- Rose•rsi F f:l groups \oubworks\agmflpurkiss -1.doc CONSULTANT AGREEMENT BOB HENRY PARK FOR CONSTRUCTION OBSERVATION SERVICES THIS AGREEMENT, entered into this kaday of W%aq 1996, by and I between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Purkiss- Rose•r.s.i. whose address is 219 North Harbor Boulevard, Fullerton, CA 92632 (hereinafter referred to as "Consultant'), 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 the City. Rose. B. The principal members of Consultant are Steve Lang and Steve C. City desires to engage Consultant to provide consultant services during construction of Bob Henry Park, scheduled to occur from April - November, 1996, upon the terms and conditions contained 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 25th day of March, 1996, and shall terminate on the 31st day of December, 1996, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $11,500. 4. STANDARD OF CARE All of the work 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 the 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 2 3/96 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Steve Lang to be its Project Manager. 8. TIME OF PERFORMANCE 3 3/96 0 0 The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time specified in Section 1 of this agreement from the above stated date. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 4 3/96 0 12. HOLD HARMLESS 0 Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies excluding 5 3/96 0 0 professional liability insurance shall add as insured the City, it selected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of 1 million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except 6 3/96 • • after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. 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, shall be 3/96 0 • construed as an assignment of this Agreement. 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. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. a 3/96 • 18. ADMINISTRATION n u This Agreement will be administered by the Public Works Department. The Public Works Director or his designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 9 3/96 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment 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 its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. io 3/96 0 0 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other section of this agreement. 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. 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 financial interest that may foreseeable be materially affected 11 3/96 0 0 by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. B. 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 termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Don Webb Public Works Director 12 3/96 Ll 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Purkis- Rose•r.s. i. 219 North Harbor Boulevard Fullerton, CA 92632 Attention: Steve Lang 31. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party 13 3/96 L L shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 34. WAIVER A waiver by City 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. 36. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14 3/96 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY CLERK APPROVE AS TO FORM: J i )1't/ CITY ATTORNEY Ag/Purkis6.doc CITY OF NEWPORT BEACH A Municipal Corporation By: l� CONSULTANT By: PURKIS -RO •R.S.I. 15 3/96 purkisse-rose -YSi March 26, 1996 Mr. Emmet Berkery 3345 Newport Blvd. 11215 Newport Beach, CA 92663 SUBJECT: PROPOSAL FOR CONSTRUCTION OBSERVATION SERVICES, BOB HENRY PARK, CITY OF NEWPORT BEACH Dear Emmet: Purkiss Rose -RSI is pleased to present this proposal for providing professional services during bidding and construction for Bob Henry Park. We believe it is important to provide design continuity through the construction process. Our scope of services and professional fee as indicated below is the same as stated in our original proposal. SCOPE OF SERVICES Bidding and Construction Observation Phase The design team will be available during the bid process to assist, review and comment on the bids. We will review addenda, change orders, material submittals, shop drawings, clarifications to plans and specifications. We will participate in a pre -bid meeting with staff and the bidding contractors and a pre - construction meeting with the awarded contractor and City staff. We will meet on a bi- weekly basis at the job site and review installation throughout the 220 consecutive calendar day construction period. Reports will be prepared on construction progress and observations. We will participate in preliminary and final inspections as required. Inspections will be performed by the public service agency's inspectors representing the City. Also provided will be as-built plans from information provided by the Contractorjuc City will arrange and pay for reproduction. PROFESSIONAL FEES Purkiss Rose -RSI will provide the above services for a not to exceed fee of $11,500.00. We anticipate expending approximately 127 hours to accomplish these services within the 120 calendar day construction period and subsequent 90 day plant establishment and maintenance period. Landscape Architecture Recreation and Park Planning 219 North Harbor Boulevard Fullerton. California 92632 FAX: 171 41 871 3188 (714) 8713638 If additional services are requested we will utilize the following rate schedule: Principal ....... ............................... $110.00 /hour Project Manager ... ............................... $75.00 /hour Project Captain ... ............................... $60.00 /hour Draftsperson ..... ............................... $55.00 /hour Clerical & Word Processing .......................... $35.00 /hour Electrical Engineer Principal .......................... $110.00 /hour Electrical Associate . ............................... $85.00 /hour Electrical Project Manager /Designer ...................... $75.00 /hour Civil Engineer Principal ............................. $135.00 /hour Civil Engineer Project Manager /Land Surveyor ............... $90.00 /hour Civil Engineer Se -ior Des's ^_r . . . . . . . . . . . . . . . . . . . . . . . . . W?0.,,0!h Sr Civil Engineer Design Engineer ........................ $64.00 /hour Civil Engineer Engineering Associate ..................... $55.00 /hour Civil Engineer Draftsperson /CADD Operator ................ $44.00 /hour Two -Man Survey Crew ............................. $145.00 /hour If you have any questions or need additional information do not hesitate to call. Sincerely, Steven N. Lang, A.; Landscape Architect