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HomeMy WebLinkAbout12 - Services Agreement with ROMA GroupCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12- February 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 -644 -3222, swood @city.newport- beach.ca.us SUBJECT: Amendment to Professional Services Agreement with ROMA Design Group RECOMMENDATION: Approve and authorize the Mayor and City Clerk to execute the amendment to the agreement. DISCUSSION: The City Council approved a Professional Services Agreement with ROMA Design Group to prepare performance criteria for residential development in the Airport Area on April 26, 2005. The original Agreement established a termination date of December 31, 2005, which was extended to February 28, 2007 by City Council action on March 14, 2006. ROMA provided significant assistance to the City in developing policies regarding residential development in the Airport Area that were included in the new General Plan Land Use Element. Because of the length of the General Plan update process, and the City's need to focus on and resolve General Plan policy issues before engaging ROMA in discussions about specific performance criteria, it was not possible to complete the work on the originally intended schedule. The General Plan /LCP Implementation Committee and staff now wish to use the remainder of ROMA's contract amount of $29,923 to develop a public infrastructure plan for mixed use development in the Airport Area, which will be used to develop a development impact fee for the area. The Committee and staff also anticipate using ROMA as a resource to assist with City review of conceptual design and other regulatory plans required for mixed use development in the Airport Area. This work will be done on a time and materials basis, and fees will be reimbursed by development applicants. Staff is recommending that the term of the agreement be revised to provide for cancellation with 30 days notice to allow for completion of the fee study and ongoing assistance with development applications. Submitted by: Sharon Wood Assistant City Manager SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this _ day of February 2007, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ") and ROMA Design Group, whose address is 1527 Stockton Street, San Francisco, CA 94133 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City and Consult ant entered into a Professional Services Agreement for the development of performance criteria for residential development in the Airport Business Area on April 26, 2005. B. Th a Agreement was amended on March 14, 2006. C. The Parties desire to amend the agreement to provide additional time to complete the work and to provide for ongoing services. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Paragraph 1. Term is amended to provide that the Agreement may be terminated by either party with thirty (30) days notice. 2. SERVICES TO BE PERFORMED Paragraph 2. Services to be Performed is amended to provide that, in addition to the services described in the Agreement and its Exhibit "A," Consultant shall provide City with assistance, as requested, in reviewing applications for Conceptual Design Plans and other regulatory plans in connection with residential development in the Airport Area. 3. COMPENSATION TO CONSULTANT Paragraph 4. Compensation to Consultant is amended to provide that compensation for assistance in reviewing applications in connection with residential development in the Airport Area shall be as provided in Section 4.3 of the Agreement for "Extra Work," except that the Schedule of Billing Rates shall be as set forth in Exhibit "A" to this Second Amendment. 4. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in force and effect in their original form. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: Steve Rosansky Mayor ATTEST: LaVonne Harkless City Clerk 2 CONSULTANT ROMA Design Group By: Jim Adams Principal 02/21/07 WED 11:52 FAX 415 788 8728 HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES Principal Project. Manager ROMA DESIGN ROMA Project Architect /Designer Urban Designer /Site Planner Architect Landscape Architect CARD Operator/Technical Support Graphic Designer Word Processor /Support 2007 $160- 285.00 $145- 200.00 $145- 200.00 $90- 160.00 $90- 150.00 $90- 160.00 $70- 130.00 $70.130.00 $70- 130.00 Exhibit A ANNUAL RATE ADJUSTMENTS: The above rates shall remain in effect for the calendar year indi- cated. 'Thereafter, the rates may be subject to annual adjustment. METHOD OF PAYMENT. Professional services are billed monthly and payment is due 30 days following date of invoice. Invoices unpaid after 30 days are subject to a service charge of one and one- half percent per month. ROMA reserves the right to suspend work on this project if payment is not received within 45 days from invoice date. REIMBURSABLE EXPENSE: Actual expenditures for the Project are reimbursable at cost plus ten percent for coordination and processing, and will be billed in addition to professional service fees. Examples of reimbursable expense are transportation and living expenses while traveling in connection with the Project, long distance telephone calls, reproduction costs, postage and photography. REIMBURSABLE CONSULTANTS: Professional service fees and reimbursable expense of autho- rized consultants on the Projecr will be billed at cost plus ten percent for coordination and processing. LIMITATION OF LIABILITY: In: authorizing ROMA to proceed on work based upon the above professional rate schedule, the Owner agrees to limit ROMAs liability to the Owner and all construc- tion contractors and subcontractors (if any) on the Project due to ROMAs professional negligent acts, errors or omissions, such that the total aggregate liability of ROMA to all those named above shall not exceed $50,000 or the total fee for services tendered on this Project, whichever is greater. It is under- stood that the limitation of liability has no affect on the comprehensive Iiability insurance not does it apply to any third party claims against the professional liability insurance. Q