HomeMy WebLinkAboutC-2899(A) - Bolsa Avenue Mini-Parks' Y
To: Oyler, Shauna
Subject: Bolsa Avenue Mini Park Contract 2899
Minutes of 2 -12 -96 - Under Contracts/Agreements, item #7 Boise Park Contract No. 2899 -
Accept the work; authorize the C /Clerk to file N/C and release bonds 35 das aftr recordation, and
was recorded and mailed back to the City Clerk on 3/18/96.
Has the Consultant (Robert L. Pedersen & Assoc.) finished his work? This is still on our slelf in
the vault. Pedersen & Assoc. consultant agreement was entered into on 3/20/92.
Please advise. Thanks.
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this /
L day of ��Iaorai,
1992, by and between CITY OF NEWPORT BEACH , a Municipal
Corporation (hereinafter referred to as "CITY "), and Robert L.
Pedersen & Associates, whose address is 20271 Acacia Street, Suite
120, Santa Ana Heights, California, 92707 (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 CITY.
B. CITY desires to accept CONSULTANT's proposal submitted
February 27, and addendum dated March 12, 1992, to perform
professional engineering services for the preparation of final
engineering and construction documents for the construction of
Bolsa Avenue Mini -Park.
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 day of
execution shown above and shall terminate upon the completion of
all services to be performed 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 "B ", attached hereto and incorporated herein by this
reference.
4. STANDARD OF CARE
All of the work shall be performed by CONSULTANT or under
1
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. The CONSULTANT shall be
responsible to CITY for any errors or omissions in the execution of
this Agreement. 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.
5. INDEPENDENT PARTIES
CITY retains CONSULTANT on an independent contractor basis and
CONSULTANT is not an 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
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 agents.
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 CONSULTANT on the
2
0
project.
7. PROJECT ADMINISTRATOR
i
CITY's Project Administrator or his authorized representative
shall represent the CITY in all matters pertaining to the services
to be rendered pursuant to this Agreement. T h e P r o j e c t
Administrator is Horst Hlawaty, P.E. of the Public Works
Department.
8. PROJECT MANAGER
CONSULTANT's Project Manager shall coordinate all phases of
the project and shall be available to CITY at all times. The
CONSULTANT has designated Robert Pedersen, Landscape Architect, to
be its Project Manager.
9. TIME OF PERFORMANCE
The Scope of Services to be performed by CONSULTANT under and
pursuant to Exhibit "A" of this Agreement as described under Item
A, Preliminary Landscape Plans, shall be completed and submitted by
April 1, 1992. The Construction Documents Phase of Exhibit "A"
under Item B shall be completed by June 1, 1992. 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
CITY. Each party hereby agrees to provide timely notice to the
other of any violation occurring under this Section and the cause
thereof.
10. CITY POLICY
CONSULTANT shall 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 the goals and policies
of CITY.
11. COMPLIANCES AND APPROVALS OF WORK
Work prepared by CONSULTANT shall comply with applicable city,
county, state and federal ordinances, laws, rules and regulations,
and shall be subject to approval of the Project Administrator.
3
0 0
12. PROGRESS
CONSULTANT is responsible to keep the Project Administrator
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.
13. HOLD HARMLESS
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, suits, 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 CONSULTANT's
negligent performance of services or work conducted or performed
pursuant to this Agreement.
14. PROHIBITION AGAINST TRANSFERS
CONSULTANT shall not assign, sublease, hypothecatee 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
4
0 0
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 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 reproduced, 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 CITY.
17. 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 for a period
of three (3) years from the date of final payment under this
Agreement.
18. CITY'S RESPONSIBILITIES
CITY shall furnish to CONSULTANT base maps, existing studies,
W
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.
19. EXTRA WORK
CONSULTANT shall receive compensation for extra work
authorized by CITY in an amount as specified by the parties at the
time authorization is given. Extra work shall be prior authorized
in writing by the Project Administrator, and CONSULTANT shall not
be entitled to extra compensation without such authorization.
20. REIMBURSEMENT FOR EXPENSES
CONSULTANT shall be reimbursed for expenses as follows:
1. Reproduction costs of all completed drawings and
specifications. Printing costs will be invoiced at
1.10 times the amount billed the CONSULTANT.
2. Fees for special consultants retained with approval
of client at 1.15 times consultants billing.
3. Soils tests for agricultural suitability as may be
deemed necessary.
4. Travel cost, no charge.
21. PAYMENT OF COMPENSATION
CITY shall make payments to CONSULTANT within thirty (30) days
after receiving an invoice unless CITY disputes the amount
CONSULTANT claims is owed under this Agreement.
22. 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 as a result of such withholding until a period
of thirty (30) days from the date of withholding has expired.
CONSULTANT shall have an immediate right to appeal to the CITY
Manager as such disputed sums. The determination of the CITY
2
Manager with respect to such matters shall be final. CONSULTANT
shall be entitled to receive interest on any withheld sums at the
rate of ten percent (10 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
23. NONDISCRIMINATION BY CONSULTANT
CONSULTANT represents and agrees that CONSULTANT, its
affiliates, subsidiaries or holding companies do not and will not
discriminate against any subcontractor, subconsultant, employee or
applicant 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
CITY reserves the right to employ other consultants in
connection with this project.
25. CONFLICTS OF INTEREST
A. CONSULTANT or its employees may be subject to the
provisions of the California Political Reform Act of 1974
(hereinafter referred to as "the Act "), which (1) requires
such persons to disclose financial interest that may be
foreseeable affected 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 of contract and is grounds for termination of
this Agreement by the CITY.
26. SUBCONTRACTING
A. CONSULTANT shall not subcontract any portion of the
work required by this Agreement without prior approval of
CITY, except as expressly stated herein.
B. Subcontracts shall contain a provision making them
W
0 0
subject to all provisions stipulated in this Agreement.
27. 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: Horst Hlawaty, P.E.
All notices, demands, requests or approvals from CITY to
CONSULTANT shall be addressed to CONSULTANT at:
Robert L. Pedersen
Landscape Architecture
20271 Acacia Street
Suite 120
Santa Ana Heights, CA 92707
28. 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 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 CONSULTANT written notice thereof.
CITY shall have the option, at its sole discretion and without
cause, of terminating this Agreement with 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.
29. COST OF LITIGATION
If any legal action is necessary to enforce any provision
8
•
0
hereof or for damages by reason for an alleged breach of any
provisions of this Agreement, the prevailing party 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.
30. WAIVER
A waver 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.
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 hereon. Any modification of
this Agreement will be effective only by written execution signed
by both CITY and CONSULTANT
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY
E
CITY
CITY MANAGER
CONSULTANTJJ /
By:
Robert L. Pedersen
EXHIBIT "A"
SERVICES TO BE PERFORMED
0
CONSULTANT's services shall include the following:
A. Preliminary Landscape Plans:
1. Attend a meeting with the client to discuss your
goals and objectives and to acquire existing street
plans, utility plans and boundary information for
the preparation of base sheets for the work
described herein.
2. Review existing street and utility plans and
prepare one inch equals eight feet scaled base
sheets.
3. Perform a site survey to acquire topographic
information of the entire site, existing street,
curb, gutters and drainage facilities.
4. Prepare a one - eighth scale colored preliminary
landscape plan of the proposed park showing all
recreation facilities, walks, benches, plantings,
planters and proposed lighting within the site.
5. Attend a meeting with the CITY's Park, Beaches and
Recreation Commission to discuss the preliminary
park plan, landscape development and construction
approach for the project.
B. Construction Documents Phase:
The following construction plans will be prepared for the
project:
1. Based on the approved preliminary plan, we will
prepare all construction plans for the park complex
and drainage plans on old Newport Boulevard,
consisting of:
a. Construction plans, locating all walls,
fences, planters, walks and entry features,
plus construction details as required.
b. Street improvement and drainage plans
including all underground utility improvements
within the site.
C. Irrigation plans, consisting of the design of
an all automatic system using durable
equipment offering minimum maintenance and
potential breakage.
d. Planting plans, indicating all planting
locations, botanical names, and planing
details.
e. Specifications: Specifications will be
prepared covering all construction and
landscape improvements, soil preparation,
planting and irrigation.
10
• !
EXHIBIT "B"
COMPENSATION TO CONSULTANT
CITY shall compensate CONSULTANT for Services to be Performed
(Exhibit "A") as follows:
1. Meetings with Park Department and engineering
staff prior to preparation of construction
drawings $ 200.00
2. Preliminary plan as described in Item A 1,000.00
3. Parks, Beaches and Recreation Commission
meeting 200.00
4. Construction plans and documents as
described in Item B 7,300.00
5. Construction plans for underground
drainage on Old Newport Boulevard 3,200.00
The total amount not -to- exceed shall be $11,900.00 (eleven
thousand nine hundred dollars), except as otherwise approved by the
CITY.
11