HomeMy WebLinkAboutC-4680 - PSA for Lido Marina Village Tidelands AppraisalPROFESSIONAL SERVICES AGREEMENT WITH
GEORGE HAMILTON JONES, INC.
FOR LIDO MARINA VILLAGE TIDELANDS APPRAISAL
THIS AGREEMENT FOWROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of October 2010, by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and GEORGE
HAMILTON JONES, INC., a California corporation ( "Consultant'), whose address is 717
Lido Park Drive, Suite D, Newport Beach, California 92663, 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 ( "State ") and the Charter
of City.
B. The tidelands adjacent to Lido Marina Village are managed by the City pursuant
to legislative grants from the State. Pursuant to Newport Beach Municipal Code
Section 17.60.060(A), entities, other than the City, using public trust lands for
commercial purposes, shall enter into a lease with the City.
C. The City desires to engage Consultant to conduct an appraisal of the fair market
rental value of the tidelands area adjacent to Lido Marina Village in anticipation
of entering into a lease agreement with the uplands operator (the "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project, shall be George
Hamilton Jones and Casey Jones.
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
( "Commencement Date "), and shall terminate ninety (90) calendar days after the
Commencement Date, 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 ( "Services" or
"Work "). 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
Consultant shall perform the Services in accordance with the schedule included in
Exhibit "A ". The failure by Consultant to strictly adhere to the schedule 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, as defined in Section 6, 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 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 Twenty -Two Thousand
Five Hundred and no /100 Dollars ($22,500.00) 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
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Professional Services Agreement
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
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 ".
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final Work under this Agreement.
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 George H. Jones to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit "B" 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.
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i
6. ADMINISTRATION
This Agreement will be administered by the Administrative Services Department.
Evelyn Tseng, Revenue Manager, or her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for 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.
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.
Professional Services Agreement Page 4
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 any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, 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 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.
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.
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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 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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least One Million
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and 00/100 Dollars ($1,000,000.00)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of
the Labor Code In addition, Consultant shall require each
subconsultant to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the
subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than One Million
and 00/100 Dollars ($1,000,000.00) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
blanket contractual liability.
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 and 00/100 Dollars ($1,000,000.00) combined
single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of One Million and 00 /100 Dollars
($1,000,000.00) limit per claim and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Professional Services Agreement Page 7
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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
Professional Services Agreement Page
not subcontract any portion of the Work to be performed under this Agreement without the
prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. INTENTIONALLY OMITTED
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. INTENTIONALLY OMITTED
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
Professional Services Agreement Page
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 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.
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 accom plished 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,
Professional Services Agreement Page 10
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:
Attention: Evelyn Tseng
Administrative Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3153
Fax: 949 - 723 -3539
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: George H. Jones
George Hamilton Jones, Inc.
717 Lido Park Drive, Suite D
Newport Beach, CA 92663
Phone: 949 - 673 -6733
Fax: 949 - 673 -6924
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. 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.
Professional Services Agreement Page 11
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
Professional Services Agreement Page 12
37. 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.
38. 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.
[SIGNATURES ON NEXT PAGE]
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By. I Wlu
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By: UAOk-C wlti
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
By: C
Tracy McC ner
Administra ' e Services Director
CONSULTANT:
GEORGE ON JONES, INC., a
Californi c
eo i ton Jones
By:
Attachments: Exhibit "A" — Scope of Services
Exhibit "B" — Schedule of Billing Rates
document1 7.20.10
[END OF SIGNATURES]
Professional Services Agreement Page 14
EXHIBIT "A"
Scope of Services
Consultant shall provide an opinion of the fair rental value of the City's Public Tidelands
situated adjacent to Lido Marina Village, as depicted below. This opinion shall include
certain assumptions, including:
1. The tidelands include ninety -three thousand six hundred (93,600) square feet of
area;
2. Parking, restrooms and storage area space required for the existing and future
marina development shall be made available for the leased tidelands within the
adjacent Lido Marina Village upland properties;
3. The proposed lease shall have a term of fifty (50) years, with a fair market value
adjustment at twenty -five (25) years;
4. Fair rental value shall be expressed as a percentage of gross receipts and a
minimum annual rental amount;
5. Minimum rent shall be readjusted every five (5) years. Percentage rent shall
remain level during the first twenty -five (25) years;
6. Bulkhead maintenance and security will be the responsibility of the upland
ownership;
7. During the appraisal process, Consultant shall meet with the upland developer
representatives in order to discuss factors that may be pertinent to the rental
value estimate; and
8. Fair rental value of tidelands shall be estimated under two bases:
a) as currently configured with existing slips, docks and improvements;
b) as improved to the property's highest and best use of slip configuration
and construction character.
At the completion of the Project, Consultant shall provide City with three (3) copies of a
summary narrative appraisal report that shall include:
1. Annual rent values, which shall include annual minimum rent and annual
percentage rent;
2. A periodic adjustment amount or factor of the rental values; and
3. The descriptions, data and analyses that support Consultant's conclusions.
Consultant shall complete all Work within sixty (60) days of the Commencement Date.
Professional Services Agreement Page 15
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Piarhead
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C Pudic Mdeiands
7 Inch = 15G Feet
Professional Services Agreement
- �¢�- page 16
EXHIBIT "B"
Schedule of Billing Rates
Consultant's hourly rates are as follows:
George H. Jones $200 /hour
Stuart D. DuVall $175 /hour
Casey Jones $150 /hour
Researcher $75 /hour
Consultant's fee for the Work to be performed pursuant to this Agreement shall not
exceed Twenty -Two Thousand Five Hundred and 00/100 Dollars ($22,500.00).
Additional work after submittal of reports shall be billed at the above rates. Testimony,
court appearances and depositions, if needed, shall be billed at $300 /hour.
Professional Services Agreement Page 17
Iaraehr,�;.
California va;r,
Renewal Agreement FARMERS INSURANCE EXCHANGE
9 1774q Gn Imer-Insvrma txchame re elmi(er xumeamee IbArma TORS Ca rleam)
Attach this Certificate to your poly. Members ofthe Farmers Insurance Group of Companies
Home Office 4680 Wilshire Blvd., Los Angeles, California 90010
When you pay the premium due, it is agreed that the policy is renewed for the policy period stated below, subject to all its
terms and conditions. If you do not wish to renew this policy, please notify our office in writing before the renewal daze to
amid the annual minimum premium charge.
2010
icyiry ee7dT r
WESTERN -NCC
1. NamedGEORGE H. JONES INC.
Insured
Mailing
Addrer
M I O-FOmNgo—
Legal Entity: ❑Individual ❑Partnership ®Corporation I 'iurtm' ne�ii%-- Oe�Irynem 4m.d No.
❑Other ON FILE
717 LIDO PARK DRIVE Fri— Ir n" m
Other wockplaree not shown above NEVPORT BEACH CA 92663
2. Policy Period: From 03/01/10 to 03/01/11 12:01 a.m. Standard Time at the insureds mailing addrem.
3. A. Workers' Compensation Insurance: Part One of this policy applies to the Workers' Compensation Law of the states
listed here CA
B. Employers Liability Insurance: Part Two of tate policy applies to work in each state listed in item 3A. The limits of
liability under Pact Two are;
Bodily Injury by Accident $ 1 .000.000 each accident
Bodily Injury by Disease $ 1,000,00 eacb ,n ployee
Bodily Injury by Disease $ 1, 000, 000 policylimit
C.Other States Insurance Part Three of the policy applies to the states, if any, listed here: "All states except No. Dakota,
Ohio, Washington, West Virginia, Wyoming, states designated in item 3A of the information "and".
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. The
information required below is subject m verification and chance by audit.
$
0.00
Total Deposit Premium
$ SEE
INVOICE
Prior Year's Deposit
,$ SEE
INVOICE
Other Credits
$ SEE
INVOICE
Balonre Due
Estimated I Per $100 I Annual
Total Annual ofRemu- Premium
SEE CLASSIFICATION OF OPERATIONS SCHEDULE
Your workers' Compematim mmi m may lis sWlect Do
midterm Adbachrom, W Me umexpsrea term o1 your mucy,
became Me Imursnu Cmsmlas;man er Causeenia hex the
autrsority to asapprawl Dallas. Is No t An Invo'
Minimum Total Estimated Annual Premium $ 1,355.00
Premium $ 400.00 mise Constant
Exp $ 200.00
(Included in Total Estimated Annual Premium)
If indimwd, interim adjustments of premium shall be made: ❑ Motorists,
WCUUU36UA 59032-ED3 WCOOOOOOA WC040601A 25-232OED3 56-5285ED4 PN049901A PNO49902B
WC040407 WC040301A 51-0666 25-2593 25-1210 25-2937 25-7649 25-3031
S9023-ED4 WC000422A
Countersigned
NCAn NIeM (owl
bddxmxaldaoMd tmdw(x,rxelMM1exhna. (mrirk mN, wIMN6pmnou
%Nm 19011011 $w Agent, PETE RABBITT
9210u0I
MIDI run OF I
State Farm General Insurance Company
U 900 Old River Rd
Bakersfield, CA 993116000
Ail U-23. 1557-F415
Men"
GEORGE HAMILTON JONES INC
717 LIDO PARK OR STE 0
NEWPORT BEACH CA 92663-4461
Location: 717 LIDO PARK DR STE D
NEWPORT BEACH CA
92663-4461
Forms, Options, and Endorsements
Special Form 3
Additional Insured Endorsement
Loss Payable Endorsement
Policy Endorsement
Business Policy Endorsement
Amendatory Endorsement
Debris Removal Endorsement
Glass Deductible - Section I
Additional Insured
Amendatory Collapse
Registered Domestic Parmrship
Inc Cost and Demolition Cov
Continued on back of page
imR g
FP -6143
FE -6494
FE -6309
FE -6506.2
FE -6464
FE -6205
FE -6451
FE -6538.1
FE -6320
FE -6551
FE -5383
FE -6587
082010
Coverages and Unnfts
Section I
A Buildings
B Business Personal Property
C Loss of Income
Deductibles - Section I
Basic
Other deductibles may
apply - refer to policy
Section II
L Business Liability
M Medical Payments
Gen Aggregate (Other than PCO)
Products -Completed Operations
(PCO Aggregate)
Annual Premium
Forms, Opts, & Endrsmnt
Bus Liability - Cov L
Amount Due
Premium Reductions
Renewal Year Discount
Yrs in Business Discount
Claim Record Discount
Cov. A -Inflation Index: WA
Cay. B - Consumer Price: 220.0
NOTICE: Information concerning changes in your policy language is included. Please call your agent if
you have any questions.
Excluded
54 700
Actual toss
250
$1,000,000
5,000
2,000,000
2,000,000
Cre-u.A,r�I Uiclt;u II ;-1 i v4_e<„-.r 0�k. cR
IF you have moved, please contactyour agent.
em 201E J Agent CHIP STASSEL INS AGCY INC See reverse siddeodantmhrmason.
Telephone (949) 723-4000 RES PreparedJUN 30 2010
MM 201E l Sea reverse Ze'thrimporfant mlormation.
(�'' Agent CHIP STASSEL INS AGCY INC red
r>L.er...... rga4i lea -anon a.e Pre � . 11 Irl an om n
i / STATE FARM INSURANCE COMPANIES
Glace Farm Mutual AutanWtlle Insurance compeny
6,100 Stale Farm Ddm
nohnert Park cA 94926
AT2 4 N -3557 A
020M
GEORGE HAMILTON JONES INC
717 LIDO PARK DR STE D
NEWPORT BEACH CA 92663-4461
AUTO RENEWAL
AUG129009 to FEB122010
A Liability 1,000,001)
Bodily Injury & Property Damage
Amount Due
Yourpremfum is basedon the following ... ff not oorreat, contact youragent.
NON OWNED VEHICLE
class 66000000
Employers non -ownership.
Premiums
CONVENIENT PAYMENT OPTION: You may use one of State Fann's alternate payment plane which divides your present
premium into two separate payments. -
You may pay one half of the amount due, $16.40, plus a handling charge of $2.00. The amount due on SEP 04 2009
will be $18.40.
The remaining half will be due on NOV 03 2009. We'll send you a reminder notice.
A1uAovnt,'P,I" 1N`0VI(, a - C - P
/77 p_ per..,;„ A, ,_. *=Z 79 7709 6648
��+'W See reverse aide for important information.
Agenl CHIP STASSEL INS AGCY INC Please keep thisparf foryourreconi.
relepnone (949)723-4000 Prepared JUN 25 2009
Date Issued: Pnnow, N„mMn Previous Policv Nu,vher:
02/10/2010 T
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
L�urancey
underwriters Inc_
THIS IS A CLAIMS MADE AND REPORTED POLICY.
55 Water Street, 18th Floor PLEASE READ IT CAREFULLY.
New York, NY 10041
LIBERTY INSURANCE UNDERWRITERS, INC. (herein called "the Company")
Item DECLARATIONS
1.
Customer ID: 102549
Named Insured:
JONES, GEORGE HAMILTON,
INC.
APPRAISAL CONSULTANTS
-
717 Lido Park Drive, Suite D
Newport Beech, CA 92663
I
2.
Policy Period:
From: 02/18/2010
To: 02/18/2011
i. L If o
12:01 A.M. Standard Time at the
address stated in
Item 1.
3. Deductible: $1,000 Each Claim
4. Retroactive Date: 02/18/1993
S. Inception Date: 02/18/2002
6.
Limits of Liability:
The Limit of Liability for Each Claim and In
A. $1,000,000
Each Claim the Aggregate is reduced by Damages and
B. $1,000,000
Aggregate Claims Expenses as defined in the Policy.
7.
Mail All Notices to Agent:
Liability Insurance Adminlstraten
1600 Anac tips Street
Santa Berbera, California 93101
(804)963-6624; Fax: (805)962-0652
S.
Annual Premium:
9.
Number of Appraisers:
4
10.
Forms attached at issue: LIA002 (07/01) LIA009 (10/01)
LIA012 (07/01) LIA013 (07/01)
LIA025 (07/01)
e,a,ieo mvinwanon inowoing an attachments and exhibit; thereto, and the
By
LIA001 (07/01) Authorized Signature