HomeMy WebLinkAboutC-2920(AA) - Consultant Agreement - Landscape Architecture Services for CIOSA Park Sites Conceptual PlanningAMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
Landscape Architecture Services for
CIOSA PARK SITES CONCEPTUAL PLANNING
THIS AMENDMENT NO. 1 O CONSULTANT AGREEMENT, made and entered
into this _day of �' Pr' 1997, by and between the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
PURKISS -ROSE - RSI, whose address 801 North Harbor Boulevard, Fullerton, CA
92832 (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. On July 7, 1995, a Consultant Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'.
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. TERM
The term of this AGREEMENT, which commenced on July 7, 1995, is extended
to January 31, 1999.
SECTION 2. COMPENSATION TO CONSULTANT
The maximum compensation fee to consultant shall be revised from $37,000 to
$14,200.
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain the same and shall be in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
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ATTEST:
`L�h.r�t 2 C f_'i2y
City Clerk
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CITY OF NEWPORT BEACH,
a municipal corporation
BY: ('y .�.
CONSULTANT
BY: cl"z' 4"t--
CONSULTANT AGREEMENT
Landscape Architecture Services for
CIOSA PARK SITES CONCEPTUAL PLANNING
THIS AGREEMENT, entered into this � day of
11995, by and between the CITY OF NEWPORT BEACH, a
municipal corp tion, (hereinafter referred to as "CITY ") and PURKISS -ROSE - RSI, whose
address is 219 North Harbor Boulevard, Fullerton, CA 92632 (hereinafter referred to as
"CONSULTANT") is made with reference to the following:
RECITALS:
A. CITY is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the Statutes of the State of California and the Charter of the City.
B. CITY has previously approved the Circulation Improvement and Open
Space Agreement (CIOSA) with The Irvine Company, which, among other things, identified
traffic and circulation improvements in the City and identified open space areas for future
dedication in connection with the analysis of potential development of the twelve sites which
were covered in the CIOSA. CITY now wishes to commence conceptual planning efforts for
the open space areas in the following three CIOSA sites:
1. Newport Village
2. Bayview Landing
3. Freeway Reservation
C. CITY wishes CONSULTANT to provide professional landscape
architectural design services relative to the planning of these three sites.
D. CITY and CONSULTANT now desire to enter into an agreement for
landscape architecture services related to the three CIOSA sites.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
SECTION 1. TERM
The term of this Agreement shall commence upon execution of this agreement and
shall terminate on June 30, 1996, unless terminated earlier as set forth herein.
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as outlined herein and more fully
described in the Letter Proposal dated June 10, 1995, attached hereto and identified as
Exhibit "A ".
SECTION 3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached
hereto and incorporated herein by this reference. The maximum fee shall not exceed
$37,000.00.
SECTION 4. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner commensurate
with the community professional standards and agrees that all services shall be performed by
qualified and experienced personnel who are not employed by the CITY nor have any
contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created by this
Agreement is that of employer- independent contractor. 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.
SECTION 6. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and
commissions, officers and employees from and against any loss, damages, liability, claims,
suits, costs and expenses, including reasonable attorneys' fees, regardless of the merit or
outcome of any such claim or suit arising from or in any manner connected to
CONSULTANT's negligent performance, errors or omissions of services conducted or
performed pursuant to this Agreement.
SECTION 7. INSURANCE
Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT
shall obtain and provide and maintain at its own expense during the term of this Agreement,
policy or policies of liability insurance of the type and amounts described below and
satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer
to bind coverage on its behalf and must filed with the CITY prior to exercising any right or
performing any work pursuant to this Agreement. All insurance, with the exception of
professional liability and workers' compensation insurance policies, shall add as addional
insured the CITY, its elected officials, officers and employees for all liability arising from
CONSULTANT's services as described herein.
A.
Prior to the commencement of any services hereunder, CONSULTANT shall provide to
CITY, certificates of insurance from an insurance company certified to do business in the
State of California with original endorsements and copies of policies, if requested by CITY, of
the following insurance with carriers having a Best's rating of Class B or better:
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1. Worker's compensation insurance covering all employees of the CONSULTANT,
per the laws of the State of California;
2. Commercial general liability insurance covering third party liability risks,
including, without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
3. Commercial auto liability and property insurance covering any owned and hired
vehicles of CONSULTANT in a minimum amount of $1 million combined single
limit per accident for bodily injury and property damage.
4. Professional liability insurance which includes coverage for the professional acts,
errors, and omissions of the CONSULTANT in the amount of at least
$1,000,000.
Said policy or policies shall be endorsed to state that coverage shall not be canceled or
reduced in coverage or limit except after thirty (30) days' prior notice has been given in writing
to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit
instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the work.
AMEFTFUTZ fi*Rul E ;
CONSULTANT agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to
CITY, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT
herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may
acquire against CITY by virtue of the payment of any loss under such insurance.
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With the exception of workers' compensation and professional liability insurance, CITY,
its City Council, boards and commissions, officers, and employees shall be named as an
additional insured under all insurance coverage required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured. An additional insured
named herein shall not be held liable for any premium, deductible portion of any loss, or
expense of any nature on this policy or any extension thereof. Any other insurance held by an
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additional insured shall not be required to contribute anything toward any loss or expense
covered by the insurance provided by this policy.
SECTION 8. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or
any interest therein directly or indirectly, by operation of law or otherwise without the prior
written consent of CITY. Any attempt to do so without said consent shall be null and void, and
any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate
or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed
as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting
power of the corporation.
SECTION 9. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, licenses and certificates that may be required in
connection with the performance of services hereunder.
SECTION 10. 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.
CITY shall make no use of materials prepared by CONSULTANT pursuant to this
Agreement, except for construction, maintenance and repair of the Project. Any use of such
documents for other projects, and any use of uncompleted documents, shall be at the sole risk
of the CITY and without liability or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled by the
CONSULTANT pursuant to this Agreement shall be made available to any individual or
organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require, furnish
reports concerning the status of services required under this Agreement.
SECTION 11. RECORDS
CONSULTANT shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by CITY that relate to the performance
of services required under this Agreement.
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CONSULTANT shall maintain adequate records of services provided in sufficient detail
to permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the representatives of CITY or its designees at all
proper times to such books and records, and gives CITY the right to examine and audit same,
and to make transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together with
supporting documents, shall be kept separate from other documents and records and shall be
maintained for a period of three (3) years after receipt of final payment.
SECTION 12. 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 approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY shall be
addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: John Wolter, Project Manager
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to CONSULTANT shall be
addressed to CONSULTANT at:
Purkiss -Rose - RSI
219 North Harbor Boulevard
Fullerton, California 92632
Attention: Steven Lang
(714) 871 -3638
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any reason by giving the
other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in
the United States Mail, postage prepared, addressed to the other party's business office. In
the event of termination due to the fault of CONSULTANT, CITY shall be obligated to
compensate CONSULTANT for only those authorized services which have been completed
and accepted by CITY. If this Agreement is terminated for any reason other than fault of
CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed
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up to the effective date of the Notice of Termination, on the basis of fee schedule contained
above, subject to any maximum amount to be received for any specific service.
SECTION 14. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of 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.
SECTION 15. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and
regulations enacted or issued by CITY.
SECTION 16. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or a different character.
SECTION 17. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind of 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 hereof. 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 above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
MAYOR
APPR ED rJF 0 R M:
Y�
Ci Attorney
CONSULT
FO-W
ATTEST:
CONSUL
CITY CLERK
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parkisso-rose
June 15, 1995
Mr. John Wolter
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 926591768
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SUBJECT: REVISED FEE PROPOSAL TO PROVIDE PROFESSIONAL PARK
PLANNING SERVICES
Dear John:
As per Steve Lang's discussion with Emmet Berkery on June 12, 1995, we have revised our Fee
Proposal for your review. We have eliminated the Newport North Site and the Newport Knoll
Site from our scope of work as directed. However, we are available to review the design and
plans, in the interest of the City, as they become available through the Irvine Company. This
will provide a good cross -check and critique of the design intent. The revised List of Projects
and Scope of Services include:
NEWPORT VILLAGE SITE, BAYVIEW LANDING (upper area) SITE, FREEWAY
RESERVATION (north area)SITE
• Consultatioq,,,With City Staff (2 meetings per situ;;
• Site Analysis
• Work with the City and Community to obtain input and in the development of
Design Alternatives for each site (2 meeting /workshops per site)
• Finalize the Design Alternatives into an approved Master Plan
• Develop construction cost estimates for site improvements
Our fee to prepare these drawings is based on the estimated amount of time it will take to
complete each task. The following fees have been revised for your review :
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• Newport Village Site ............................ $ 20,000
Consultation with Staff
32 hrs.
Site Analysis
20 hrs.
Design Phase
180 hrs.
Presentation
24 hrs.
a; Total Hours
256 hrs. ;10„,.
Landscape Architecture
Recreation and Park Planning
219 North Harbor Boulevard
Fullerton, California 92632
FAX (714) 8711188
1714) 8713638
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• Bayview Landing Site (upper area) ................... $ 10,000
Consultation with Staff 16 hrs.
Site Analysis 8 hrs.
Design Phase 96 hrs.
Presentation 6 hrs.
Total Hours 126 hrs.
• Freeway Reservation Site (north area) .................. $ 6,500
Consultation with Staff 12 hrs.
Site Analysis
8 hrs.
Design Phase
56 hrs.
Presentation
6 hrs.
Total Hours
82 hrs.
Design Fee $ 36,500
• Reproduction $ 500
Total Fee $37,000
If additional services are requested we will utilize the following rate schedule:
Principal ....... ............................... $110.00 /hour
Project Manager ... ............................... $ 75.00 /hour
Project Captain ... ............................... $ 60.00 /hour
Draftsperson ..... ............................... $ 50.00 /hour
Clerical and Word Processing Staff ...................... $ 35.00 /hour
City Furnished Materials:
It is our understanding that the City will provide a topographic survey of each site,
easements, underground utilities, deed restrictions, studies, environmental information,
street alignments, existing street plans, points of connection for all utilities and list of art
objects available. City will process all CDP's and CUP's.
We have enjoyed working with the City and your staff on other park projects and look forward
to proceeding with these new projects. We are prepared to move immediately into the site
review and analysis phase of these projects. If your have any questions or need any
clarifications, please call.
Sincpt� 'n
Stephan D. Rose A.S.L.A.
Landscape Architect