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HomeMy WebLinkAboutC-4832 - PSA for Marina Park Appraisal^' PROFESSIONAL SERVICES AGREEMENT WITH C b GEORGE HAMILTON JONES, INC. FOR MARINA PARK APPRAISAL THIS AGREEMENT FOR PROFESSIONAL SERVICES ('Agreement') Is made and entered into as of this !o7day of .trine, 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and GEORGE HAMILTON JONES, INC., a California corporation ( ^Consullenr), whose address is 717 Lido Park Drive, Suite D. Newport Beach, CA 92663 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organised and validly existing under the laws of the State of California with the power to carry on its business as it is now bekrg conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to appraise the Marina Park Property (`Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be George H. Jones, MAI. E. 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 folksws: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on September 30, 2011 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant aduxwAedge that the above Recitals are true and cornea and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or 4Servicee). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. . r 3. TIME OF PERFORMANCE 3.1 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. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible far 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. 3.2 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. 3.3 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 4.1 City shall pay Consultant for the rvlvioes on a time. and expanse rat -to- exceed basis in accordance with the provisi s of this Section and the Schedule of Billing Rates attached hereto as Exhibit A 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-Five Thousand Dollars and 08M00 ( :25,000.00) without prior written authorl;mWn from City. No billing rate changes shall be made during the tern of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bilk shall include the name of the person who performed the Work, a brief description of the Services perfomned 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. 4.3 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: 4.3.1 The actual costs of subcontractors 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. George Hamilton Jones, Inc. Page 2 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall rat 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 A. 4.5 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 5.1 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 Click here to enter text.to be its Project Manager. Consultant shag 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 shag not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shag 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. Dave Webb, Deputy Public Works Director /City Engineer or his 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 7.1 In order to assist Consultant In the execution of Its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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 Consultants Work schedule. George Hamilton Jones, Inc. Page 3 7.12 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. Ali other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 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. AM 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 Main, 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 stroll 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. 9. HOLD HARMLESS 9.1 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, obligation, 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 Chaim; 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 wistful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultents,•subcontractors, anyone employed directly or Indirectly by any of them or for whose acts they may be liable or any or all of them). George Hamilton Jones, Inc. Page 4 82 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 Citys 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 POUCY Consultant shalt 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. iL•al•I;& -III- 11I93 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shag 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 forth satisfactory to City. George Hamilton Jones, Inc. Page 6 14.2 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. 14.2.1 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Uabiity Insurance (with limits of at least one million dollars ($1, 000,000)) for Consultant's employees in accordance with the laws of the State of Caftmia, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the Lam of the State of California, Section 3700 for all of the subcontractors employees. 14.4.1.1 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. 14.4.1.2 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. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,00 per occurrence for bodily Injury, personal Injury, and property damage, including without limitation, blanket contractual liability. 14.6 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 accident. George Hamilton Jones. Inc. Page 6 14.7 Professional Uability (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 dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 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 subconsuttants. 14.&1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the Clly to inform Consultant of non - compliance with any requirement imposes no additional obligatkms on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Umiting. Requireements 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 lo 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. 14. &1A 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. 14.9 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 Consukanrs performance under this Agreement. 14.10 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 George Hamilton Jones, Inc. Page 7 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 °l0) 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 City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors authorized by City to perform Work on this Project are identiited in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work perfomred by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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 17.2 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 Ilabirdy to Consultant. Further, any and all liability arising out of changes made to Consultant's deAverables 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. 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. George Hamilton Jones, Inc. Page 8 19. 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. 20. 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. AU such records and Invoices shall be dearly 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. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall riot 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. 22. 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 home by Consultant. Nothing in this paragraph is Intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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 George Hamilton Jones, Inc. Page 9 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall oonforn 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. 25. NOTICES 25.1 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: David Webb Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 343 -644 -3328 Fax: 949 -644 -3318 25.2 All notices, demands, requests or approvals from CITY to Consultant shag 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 26. 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 Government Claims Act (Govt Code §§ 900 at seq.). 27. TERMINATION 27.1 In the event that either party falls 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 George Hamilton Jones, Inc. Page 10 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. 27.2 Notwithstanding the above provisions. City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS I D l__ i _= , UM , 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. 28.2 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. 28.3 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. 28A 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. George Hamilton Jones, Inc. Page 11 , M • Mu • 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. 28.6 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. 28.7 Severebility 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. 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. 28.9 EOual 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 the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counteroarts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Instrument. George Hamilton Jones, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF, THE ICITY ATTORNEY By:'"- .% " L--�`___ Leonie Mulvihill Assistant City Attorney t ATTEST: Date: (6 z' i ^ � r By:U/ , Leilani I. Brown City Clerk O � � (0® CITY OF NEWPORT BE H, A California mw cipal c rp ra' Date: �-1-// V David Webb L/ Deputy Public Works Director/ City Engineer CONSULTANT: GEORGE HAMILTON JONES, INC. a California corporation Date: 6/1 la By George H. Jon s President Date: BY: Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates [A11-00553) Final George Hamilton Jones Inc. PSA Marina Park Appraisal George Hamilton Jones, Inc. Page 13 8 M �. Cr rqk J Marina Park Scope of Work George Hamilton Jones, Inc. shall provide an opinion of the market value of certain uplands and tidelands property commonly referred to as the proposed Marina park ( "Project"). The scope of work required to formulate a supportable opinion of market value of the appraised property, as well as certain assumptions and conditions informing that market value opinion, are set out below: The Project includes 10.03* acres of total area. The bayward side of the property is considered to extend to the U.S. Bulkhead line. The property is considered not to have rights to the water area between the U.S. Bulkhead line and the U.S. Pierhead line; 2 The definition of market value to be used is that which was developed by the Appraisal Institute Special Task Force on Value Definitions in 1993 and contains nine billeted elements; 3. The Project is to be valued as land only with no consideration given to the contributory value of any existing improvements. It will be a hypothetical condition of the appraisal that any improvements ate not considered in the valuation; 4. There are 34 legally subdivided lots along the Balboa Boulevard frontage of the Project. The valuation will consider these subdivided lots to be in place, while the balance of the property is to be considered a single, unsubdivided parcel; 5. A market analysis will be undertaken to identify and analyze the pertinent, economic, government, social, and environmental forces that may influence the subject's teal property value and its potential highest and best use. 6. The Project has a general plan designation of PR — Parks and Recreation. It is zoned PC — Planned Community. The valuation will not be based on its public interest value, but, rather, its economic highest and best use. An analysis will be carried out to judge the reasonable probability of a zone change to the Project's potential economic highest and best use. It will be a hypothetical condition of the appraisal that the zone change reflecting the Project's economic highest and best use is in place as of the date of value. 7. Analyze the highest and best use of the site as though vacant Potential uses will be tested to determine which uses have a reasonable probability of being legally permitted, are physically possible, financially feasible and maximally productive. 8. Search and acquire market data on large, vacant waterfront sites with a highest and best use similar to the subject's 10* acres in coastal Southern California. In the absence of an appropriate amount of such data, search and acquire data of individual lots, both on the waterfront and near the waterfront in the Balboa Peninsula area of Newport Beach to be used in a developmental (or subdivision) analysis of subject. 9. Undertake a subdivision analysis in order to form an opinion of the Project under the above - referenced hypothetical conditions of being vacant land available for its economic highest and best use at the date of value. This will involve determination of the retail value of the individual lots, direct site development costs, and indirect development costs. Further, additional sales and holding costs will be consideted over a projected absorption period These factors will be processed through a discounted cash flow analysis to yield an indicated present value of the subject property at the date of value. 10. We request that the client consider allowing us to retain a qualified subdivision development cost estimator to assist in the valuation process. We will not retain these expert services without the prior written approval of the client 11. The appraisal shall be performed in accordance with the Uniform Standards of Professional Appraisal Practice. 12. Prepare a Summary Appraisal Report as defined in the Uniform Standards of Professional Appraisal Practice. Y ' m Exhibit "B" SCHEDULE OF BILLING RATES Consultant hourly rates are as follows: Consultant Hourly Rate George H. Jones $200/hour Stuart D. DuVall $200/hour Casey Jones $175/hour Researcher $100/hour 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.