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HomeMy WebLinkAboutLANGDON WILSON ARCHITECTS AND PLANNERSc SPIN t b r AGREEMENT FOR CONSULTING SERVICES OF G,( DATE: FOR SANTA ANA ZOO MASTER PLA14 tt C THIS AGREEMENT, made and entered this J�C4 day of1990 by and between the City of Santa Ana, a municipal corporation of the State of California ("City"), and LqngdonAlson Architects Planners. CIITNE`,SSET-11 Recitals A. City received a Grant from the Institute of I fu so uln Services (I.M.S.) for the preparation of a Master Plan for the Santa Ana Zoo (the "Project"). B . In response to a request by the Friends of the Santa Ana Zoo (FOSAZ), Consultant submitted a proposal, dated January 12, 1990, to perform such services. C. Consultant agreed to donate a portion of their fee for work performed as a corporate contribution to the Zoo. D. The proposal is public records on file in the offices of the City's Recreation and Community Services Agency. E. City desires to retain consultant to perform the services set forth in the proposal. WHEREFORE, in consideration of their mutual and respective covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. Project Objectives By this Agreement, City retains Consultant to prepare a master plan for the Santa Ana Zoo that gives the City a direction and path to follow in pursuit of the following objectives: A. Consistency with the requirements of the City regarding accessibility, handicap requirements, circulation, safety, maintenance, exhibit locations, education and animal conservation. B. An attractive, inviting, secure environment with site improvements and design features that create a sense of excitement and adventure along with an educational experience. 1 I C. A functional environment that balances maintenance expenditures and maximizes energy conservation with the other objectives. 2. Scope of Consultant's Services Consultant, either directly or by its Sub -consultant (the Portico Croup), agrees to provide to 'City the following professional services pertaining-___ to design of the project. Consultant shall coordinate all work of any sub. - consultant they may use to provide any information, input or professional expertise. Task 1 - Orientation Meetings and Preliminary Research (3 days - 3 meetings): Consultants to meet with City staff and with the Friends of the Santa Ana Zoo and others to fully understand the potentials and limitations inherent in the existing Santa Ana Zoo site. The Consultant shall fully understand the scope of work in order to successfully complete the master planning effort. Members of a "Project Team" who will be involved in the Conceptual Planning Workshop will be identified immediately by Consultant and City in order to expedite the planning process. Consultant's duties under this task include the following: 1) Meetings: o Meet with City Officials and City staff members to clarify working relationships and the scope of work for the master plan. o Meet with interested members of the Friends of the Santa Ana Zoo. o Meet with interested members of the Santa Ana Zoo staff o Meet with a private developer(s) to acquire their perspective on the Santa Ana Zoo as a potential urban amenity. o Consider meeting with representatives of the local natural history museum and other Orange County cultural facilities to discuss their future plans. 2) Research Project Base Information: o Collect base map information, city zoning maps, aerial photographs, soils reports, existing master plans, etc on the potential project area -the zoo and adjacent areas of the city. o Visit and photo document the potential project area. o Visit any competing cultural institutions in the immediate area - botanical gardens, natural history museums, zoos, aquaria, etc. 2 Task 2 - Base Information Analysis (4 weeks - no meetings): Consultant duties under this task are as follows: 1) Master Plan: Review all proposed exhibit and interpretive plans and master plan documents. l e_ 2) Complementary and Competing Cultural Facilities: Assess and analyze the contextual relationships of the Santa Ana Zoo to other potentially complementary or competing cultural. facilities. 3) Existing Site Conditions and Context: Evaluate and analyze the land use and circulation patterns of the Santa Ana Zoo and adjacent neighborhoods. Evaluate the potential constraints of other limiting factor: soil conditions, utility infrastructure, noise, etc. 4) Review Existing Exhibits and Facilities: Evaluate existing exhibits and zoo support facilities. 5) Workshop Preparation: Prepare data collection tools for the workshop, specified in Task 3. Task 3 - Conceptual Planning Workshop (3 days - 3 meetings): This phase of the work will consist of three, half -day sessions with the entire Project Team extending over a period of three days. The intent of these sessions will be to achieve consensus in the following areas: 1) Zoo Goals and mission Statement: Develop and/or confirm the present Santa Ana Zoo Goals and mission Statement with the Project Team. 2) Review Existing Site Opportunities and Constraints: Present initial site analysis of the major opportunities and constraints offered by the Santa Ana Zoo and the adjacent neighborhoods. 3) Review Existing Exhibits and Facilities: Present the evaluations of existing exhibits and facilities for consensus. 4) Statement of Purpose: Develop a preliminary Statement of Purpose for this Master Planning effort. What directions should this Master Plan establish? What implementation strategies and tools should it provide? 3 5) Principle Program Elements for the Project: Describe and refine the principle program elements of the Master Plan: a) Visitor Experience Objectives, b) Organizational Theme(s) and Interpretive Storylines, c) Preliminary Animal Lists, d) Public Vehicular and Pedestrian Circulation and Public Spaces within the Potential Project Area, e) Visitor and Service Circulation and Public Space within the Santa Ana Zoo, f) Animal Management Objectives g) Operations and Maintenance Infrastructure, h) Revenue Producing Opportunities. 6) Potential Master Plan Components: The entire Project Team shall consider potential. Zoo and Organizational Themes which will best implement the mission statement and its program elements. This may result in several Land --Use and Interpretive Plan options for initial exploration. 7) Alternative Master Plans: Consultant will produce plans, sections, sketches, and/or written materials as required to summarize the workshop ideas for presentation to the Project Team. S) Presentation of Land Use and Interpretive Plans: The final workshop session will review and summarize the design and planning efforts. The Project Team will select a preferred project area, focus on preferred Organizational Themes and select one of the Land -Use and Interpretive Plan options. Task 4 - Preliminary Master Plan Synthesis (6 weeks - 1 meeting): Consultant shall develop and refine the following elements of the Master Plan. 1) Statement of Purpose 2) Principle Program Elements: a) Visitor Experience Objectives 4 b) Organizational Theme(s) and interpretive Storylines, c) Preliminary .Animal Lists, d) Public Vehicular and Pedestrian Circulation and Public Spaces within the Potential Project Area. e) Visitor and Service Circulation and Public Space within the Santa Ana Zoo, f) Animal Management Objectives, g) Operations and Maintenance Infrastructure, h) Revenue Producing Opportunities. 3) Land --Use Master Plan, 4) Interpretive Master Plan, 5) Capital Improvements and Operational Budgets Task 5 - Final Master Planning Workshop (2 meetings): The Consultant will present the project elements prepared during the Preliminary Plan Synthesis. These presentations will be made in a "workshop" format which invites participation and comment from the entire Project Team. The intent of these workshop sessions is to achieve agreement on all of the elements of the Master Plan. Task 6 - Final Master Plan Synthesis (4 weeks - 1 meeting): Consultant shall complete the elements of the Master Plan as identified in the workshop sessions, and shall provide the following work products: 1) Statement of Purpose Written narrative 2) Principle Objectives, Written narrative of the following: a) Visitor Experience b) Organizational Theme(s) and Interpretive Storylines, c) Animal Lists d) Public Vehicular and Pedestrian Circulation and Public Spaces within 5 the Potential Project Area e) Visitor and Service Circulation and Public Space within the Santa Ana Zoo f) Animal Management Objectives g) Operations and Maintenance Infrastructure h) Revenue Producing Opportunities 3) Land -Use Master Plan, Colored presentation drawing 4) Interpretive Master Plan Colored presentation drawing and several conceptual sketches. 5) Capital Improvements and Operations Budgets Written summary of capital improvement and operational budget on the various phases to implement and operate the proposed Zoo Master Plan Improvements. Task 7 - Final Presentation (3 meetings\ presentations): A final presentation to the City of Santa Ana, City Council, Planning Commission, Board of Recreation and Parks, the Friends of the Santa Ana Zoo, Zoo Staff, and other interested citizens on the Zoo Master Plan. At the final presentation five (5) Master Plan Reports will be provided by the Consultant to the City of Santa Ana. Any additional copies requested by the City shall be paid for by the City to cover reproduction cost. 3. City's Obligation In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide: a. Copies of record drawings of all existing improvements b. Soils report C. Coordination of all City Activities and required information d. Cost for duplication of additional master plans, and promotional material 6 4. Compensation A. Basic Services As complete compensation for all services performed by Consultant under this Agreement, City agrees to pay and Consultant agrees to accept the sum of Sixty --one thousand, eight hundred Dollars ($61,800.00).,Consultant shall submit invoices for those portions of work completed for City's review and approval. Invoices for basic services shall be made in proportion to the services performed on each task. Compensation at the completion of each task shall equal the following of the total basic compensation.: Invoice Schedule Compensation a) Orientation and Preliminary Research $ 5,100.00 b) Base Information Analysis 5,500.00 c) Conceptual Planning Workshop 8,600.00 d) Preliminary Master Plan Synthesis 13,200.00 e) Final Master Plan Workshop 5,600.00 f) Final Master Plan Synthesis 13,200.00 g) Final Presentation 2,600.00 h) Travel Expenses (with copies of receipts) 8,000.00 Totals $ 61,800.00 City will pay such invoices within thirty (30) days of submittal. B. Additional Services Upon the written request by the City Manager, Consultant shall perform additional services for the Project beyond those prescribed herein such as: Preparation of additions or revisions to existing plans when required because of changes in the design criteria, design concept or scope of Project made at the direction of City after acceptance of such plans. renderings. Preparation of promotional or marketing exhibits, models or 7 Compensation for Consultant's additional services when authorized by the City Manager in writing shall be on an hourly basis in accordance with the rate schedule attached hereto as Exhibit A. exceed $10,000. Additional services approved by the City Manager shall not C. Outside Professionals At the written request of the City, Consultant shall retain other consultants not a part of its Basic Services such as: a. Civic engineer b. Traffic engineer c. Landscape architect d. Signage/graphics consultant Subject to City's prior written authorization, compensation for services of Outside Professionals shall be provided at 1.1 times the amount billed to the Consultant for such services. 5. Time for Completion Consultant shall begin work within one week after the date of execution of this Agreement and shall submit to City before seventy five (75) working days completed final master plans, budgets, and other documents. Any delays in approvals of work or in making decisions by City or any other agencies not under the direct control of Consultant will not be charged to Consultant's completion time. 6. Termination of Agreement This Agreement may be terminated by City before Consultant's services have been fully performed, upon thirty (30) days written notice of termination to Consultant by City. In such event, Consultant shall be entitled to receive and City shall pay Consultant compensation for all work performed by Consultant prior to Consultant's receipt of such notice of termination plus all reasonable additional expenses which may be incurred in the closing out of project records and project activities; provided, however, that as a condition of such payment, City may require Consultant to deliver to City all work projects completed as of such date. Any use of such completed documents for other projects without specific authorization by the Consultant will be at the City's W sole risk and without liability or Legal exposure to the Consultant, and the City shall indemnify and hold harmless the Consultant from all claims, damages, -1e9-E losses and expenses, including attorney's fees, arising out of or resulting therefrom. 7. Independent Contractor Consultant is an independent contractor and not an employee of City and all Consultant's personnel shall be employees or subcontractor of Consultant and not employees of City. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 8. Insurance a. Consultant shall furnish City with an insurance certificate evidencing that it carries workers' compensation insurance and that the policy shall not be cancelled nor the coverage reduced except upon thirty (30) days prior written notice to City. b. Consultant shall obtain at its sole cost and file with City, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of general liability insurance or a certificate of such insurance, satisfactory to City Attorney of City, naming the City of Santa Ana, project expeditor, their officers, and employees, as insured or additional insured, which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of negligent services of Consultants, its officers, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not lass than the following minimum amounts: five Hundred Thousand Dollars ($500,000.00) combined single limits; or bodily injury, Two Hundred Fifty Thousand Dollars ($250,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) each occurrence and in aggregate; property damage One Hundred Thousand Dollars ($100,000.00) each occurrence and in aggregate and Two Hundred Thousand Dollars ($200,000.00) aggregate. Said policy or policies shall also contain a provision that no company termination, cancellation of insured, reduction of coverage, or change of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's services hereunder. Consultant shall procure and maintain at its own cost and expense, any additional kinds and amounts of insurance which, at its own judgement, may be necessary for its proper protection in the prosecution of the work. 9 9. Notices Notices and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: If sent by Consultant to City: Ron Ono, Park/Landscape Design Manager Santa Ana City hall Recreation & Community Services Agency Design Section, Room 427 20 Civic Center Plaza PO Box 1988 (M-23) Santa Ana, Ca 92702 If sent by City to Consultant: Langdon Wilson 4100 MacArthur Blvd., Suite 200 PO Box 2440 Newport Beach, Ca 92658-8971 10. Subcontractors None of the services included in this Agreement shall be subcontracted without the prior approval of City. Consultant shall be fully responsible to City for performance of subcontractors. City hereby consents to Group as a Sub -contractor. 11. Assignability Consultant's retention of the Portico Consultant shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. 12. Hold harmless Consultant shall indemnify and save harmless City, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or project 10 expeditor of City, claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims proximate1l.gappizE33E4!mot� resulting from or arising out of the negligent or intentionally wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 13. Certification of Non-discrimination By signing this Agreement, Consultant certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions. 14. Validity The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 15. Laws Governing this Agreement This Agreement shall be governed by and construed in accordance with the laws of the State of California. 16. Exclusivity and Amendment of Agreement This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the services set forth in the Proposal and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both City and Consultant. 17. Ownership of Documents The City acknowledges that the design professional's plans are instruments of professional service. Nevertheless, the final master plan and documents prepared under this agreement shall become the property of the City upon completion of the work. The Consultant and Sub -consultant may use these documents for promotional purposes without the approval of the City. The City 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED: partment Head APPROVED AS TO FORM: ,Id and �.o o I City Attorney ATTEST: FaUice C. Guy Clerk of the —Council APPROVEID AS TO/ COOT OT: City 11anager 13 CITY OF SANTA AEA, a municipal corporation of the State of California David 11. Youn.4 Mayor " C o n s u I t an L " 95F-o2122 196 Employer ID(' ial Securit— y Number for Individuals only) Corporate No. LANG DON - WI LSON ARCHITECTURE PLANNING 1989/1990 HOURLY RATE SCHEDULE 1. Senior Partner $190.00 per hour 2, Partner $160.00 per hour 3. Project Director $115.00 - $150.00 per hour 4. Senior Project Architect $ 90.00 - $115.00 per hour Senior Project Manager Senior Project Designer 5. Project Architect $ 80.00 - $100.00 per hour Project Manager Project Designer Project Planner 6, Job Captain $ 60.00 - $ 80.00 per hour Senior Designer Senior Draftsperson Senior Planner Senior Interior Designer Senior Graphics Designer Senior CADD Operator 7. Designer $ 45.00 $ 60,00 per hour Draftsperson Planner Interior Designer Graphics Designer CADD Operator 8. Junior Designer $ 35.00 - $ 45,00 per hour Junior Draftsperson Junior Planner Junior Interior Designer Junior Graphics Designer Junior CADD Operator 9. Intern $ 25,00 - $ 40.00 per hour 10. Ward Processing $ 35.00 - $ 45,00 per hour The above rates are subject to annual adjustments, EXHIBIT A (8944:CT-1.12)