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HomeMy WebLinkAbout13 - C-3270 - Bonita Canyon ParkMay 24, 1999 CITY COUNCIL AGENDA ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BONITA CANYON PARK, CONTRACT NO. 3270 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EPT LANDSCAPE ARCHITECTS RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with EPT Landscape Architects to prepare plans and specifications for the Bonita Canyon Park Improvements for a fee of $332,067. DISCUSSION: As directed by the City Council on March 22, 1999, staff has negotiated a contract with EPT Landscape Architects for the Bonita Canyon Park project. Attached for your review and approval is the professional services agreement accompanied with their final proposal to complete the plans and specifications. In addition, please refer to the attached Community Services March 22, 1999, Council report, which provides the background on this project as well as the approved concept plans for the park. During the negotiation process, the design efforts for the Freeway Reservation Park improvements were incorporated as part of the Bonita Canyon Park. The Freeway Reservation Park, located on the eastside of MacArthur Boulevard and south of Bonita Canyon Park, was planned in FY 1998 -99 CIP as a separate project. Improvements included natural vegetation and concrete walkways. Staff had applied for federal funding for a portion of the Freeway Reservation Park project however, the request was recently denied. The basic design for the Bonita Creek Park is approximately $250,000. With the addition of the Freeway Reservation Park and the requested additive bid designs for the tennis and basketball courts, tot lots, and east overlook increased the design efforts to just over $300,000. In addition, staff requested minimal bidding and construction support which brought the total contract amount to $332,067. Staff believes that the cost to perform these services is fair and recommends approval. If approved, the design could begin in early June, pending execution of the contract with EPT, and would be complete in the spring of 2000. LJ SUBJECT: Bonita Canyon Park, Contract No. 3270 — Approval of Professional Services Agreement with EPT Landscape Architects May 24, 1999 Page: 2 RECOMMENDATION AND FUNDING: • $5,912,000 is budgeted for the Bonita Canyon Park project in the FY 1999 -00 capital improvement budget in Account No. 7441- C4120434. It is recommended that the required $332,067 be advanced from the bond proceeds received from The Irvine Company's bond sale for the Bonita Village, which are in the City's accounts. If approved, the $5,912,000 in the FY 1999 -00 CIP request will be reduced by $332,067 to reflect this Council action. Staff recommends approval of the professional services agreement with EPT Landscape Architects to prepare the Bonita Creek Park improvement plans and specifications. Resp.ec ul submitt� PIA WORKS DEPARTMENT Don Webb, Director By: 1�� Michael J..Sinacori, P. E. Utilities Engineer Attachments: March 22, 1999, Council Report Professional Services Agreement with EPT Landscape Architects f: \users\pbwlshared \council \fy98- 99\may- 24\bonita canyon c-3270.doc • Item No. SS2 March 22, 1999 COMMUNITY SERVICES DEPARTMENT PUBLIC WORKS DEPARTMENT To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Don Webb, Public Works Director Re: Conceptual Plan for Bonita Canyon Park RECOMMENDATIONS A. Approve the conceptual plan for the Construction of the area referred to as Bonita Canyon Park, as recommended by the Parks, Beaches and Recreation Commission on March 2, 1999. B. Approve one of the two alternatives - B1 or B2, for the employment of a landscape architect for the project. 1. Direct staff to follow the traditional consultant selection process for hiring of a landscape architect or 2. Direct staff to negotiate a scope of work and cost with EPT Landscape Architecture and prepare a contract for City Council approval. BACKGROUND FUNDING The funds available for the project now total approximately $5,900,000. This new total results from the sale of Bonita Canyon Public Facilities District No. 98 -1 Special Tax Bonds Series 1998; capital interest lower than anticipated because of the year delay in sale of the bonds; and the favorable interest market. The proposed conceptual plans are within this funding total. DESIGN OF THE PARK The Parks, Beaches and Recreation Commission approved the attached conceptual plan (Exhibits Al and A2) for development of the Bonita Canyon Area Park, on March 2, 1999. The design, as approved includes: 3 Youth baseball fields 1 Multi- purpose baseball /soccer field 3 Youth soccer fields 1 Oversized soccer field 2 Restrooms and equipment storage facilities Pedestrian walking trails Parking for 240 cars at East Sports Area Parking for 115 cars at West Sports Area The cost is estimated to be $5,650,000; design fees are estimated at $250,000, for a total of $5,900,000. Bonita Canyon Park Page 2 The project area includes a total of 33.5 acres, including 23.8 acres in the East Sports Area, and 9.7 acres in the West Sports Area. Construction on the West Sports Area will extend to, and connect, with the area known as Freeway Reservation, approximately 16 acres, extending southerly along MacArthur Boulevard. The amount of $60,000 was funded in the FY 1998/99 Capital Improvements Budget for the development of Freeway Reservation, and has been resubmitted for FY 1999/00. The Parks, Beaches and Recreation Commission also proposed that the following additional elements be included, should funding be available. In the West Area • Tot Lot and Seat Walls • Two Tennis Courts • Walks • Basketball Courts In the East Area • Restroom • Arroyo Overlook Area. Total costs of all additional elements are $612,500. The project, as initially designed at a cost of $7,400,000, is illustrated in Exhibit C1 and C2. As part of the design process an environmental assessment will be conducted. COORDINATION WITH THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT AND METROPOLITAN WATER DISTRICT Since the Newport-Mesa Unified School District has the right to utilize the most easterly 14 -acre portion of the East Sports Area, City staff and the architect have worked with the District to identify where the District would site a school, should that contingency occur. Exhibit B indicates the proposed school siting determined by the District, which would minimize loss of already constructed park amenities. City staff members have also worked with officials of the Metropolitan Water District (MWD) concerning restrictions of the MWD easement across the site. The MWD requirements are incorporated in the attached plan. SELECTION PROCESS FOR CONSULTANT The City follows a quality-based selection process when contracting for consulting services, enabling the selection of the most qualified to perform the required services. In a project of this magnitude, requests for Statements of Qualifications (SOQ) would be sought prior to the request for proposal (RFP). There are many landscape architects in the industry, but not all have prepared plans and specifications for a park of this size. After evaluation of the submitted SOQ's, three to five firms would be requested to submit proposals based on a City prepared RFP. A City selection committee would review the proposal, and identify the most qualified and negotiate a final scope of work negotiated with the associated fee. This process would take approximately three months. The main advantage to the traditional selection process is that many possible firms are evaluated to determine which is the best qualified to prepare the required services. Though the process can be time consuming, it is a fair and impartial method to select a firm. It is estimated that a project of this magnitude would require $250,000 for preparation of the plans and specifications. Bonita Canyon Park Page 3 AN ALTERNATIVE SELECTION PROCESS The firm of EPT Landscape Architecture has performed extensive study of the potential park uses and has prepared the conceptual plans being presented. They have met with the Parks, Beaches and Recreation Commission, assisted in numerous community meetings, and conducted many discussions with City staff. An alternative selection process would be to deem EPT the most qualified and allow staff to negotiate a contract for Council acceptance. After the extensive traditional selection process, EPT could also be the most qualified, since they have performed all the pre - design and concept plans under contract to The Irvine Company. EPT has communicated that their final design efforts would be under $250,000. Negotiations could start immediately with EPT with regard to scope of work and costs. A contract could be prepared and brought to the City Council for approval in May 1999. EPT has gained extensive knowledge from its community involvement as well as their work with Parks, Beaches and Recreation Commission and City staff. In addition, based on EPT's past performances, they appear to be well qualified to perform the required design services. They are the design firm for the City's new Arroyo park, being constructed by The Irvine Company. They have also completed park improvements similar to the Bonita Canyon project for the communities of Rancho Santa Margarita, Irvine, San Clemente and Beverly Hills. Discussions with the other City project managers have proved favorable with regard to EPT's abilities and responsiveness. • Exhibits: Al. Proposed Design for East Sports Area A2. Proposed Design for West Sports Area B. East Sports Area illustrating possible school site C1. and C2. Original full park program design for East and West Sports Areas I., Vw. I J LE A F � FYI ����. " �• � E F/ / �J'; �, , ;f;,KQ Imo;. ;r AUK`. kwkAp ''•:' iii... k '*tA PROFESSIONAL SERVICES AGREEMENT for DESIGN SERVICES FOR BONITA CANYON PARK THIS AGREEMENT, entered into this 24th day of May, 1999, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City"), and EPT, whose address is 31872 Camino Capistrano, San Juan Capistrano, California, 92675, (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 0 now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement design of Bonita Canyon Park. C. City desires to engage Consultant to perform services to include design development, construction documents, bidding and construction observation services upon the terms and conditions contained in this Agreement. D. The principal member of Consultant are for purpose of Project is Richard H. Vanderwood, Jr. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and -1- desires to contract with Consultant under the terms of conditions provided 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 1st day of June 1999, and shall terminate on the 1 st day of June, 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this is Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of three hundred and thirty -two thousand and sixty -seven dollars ($332,067). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty 1] -2- I* (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- 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 the 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be I* El responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all -5- phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Richard H. Vanderwood, Jr. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. B. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 9. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 10. PROGRESS ria 0 0 Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 11. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 12. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, 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 City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be -7- filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. 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. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of 0 10 CJ 1 million dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and 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. 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint-venture 0 or syndicate or co- tenancy, 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 14. OWNERSHIP OF DOCUMENTS 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. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. -10- 0 0 16. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 17. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized -11- representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 19. WITHHOLDINGS 0 City may withhold payment 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 for a period of thirty (30) days from the date of withholding 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 seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional • -12- 0 inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted -13- without prior written approval of City. 24. 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 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: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 0 All notices, demands, requests or approvals from City to Consultant shall be • addressed to Consultant at: Attention: Richard H. Vanderwood, Jr. EPT 31872 Camino Capistrano San Juan Capistrano, CA 92675 (949) 661 -7127 (949) 248 -2599 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default 0 -14- • and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 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 -15- implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 30. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters is -16- 0 0 0 patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk f: WserslpbvAshared\c4Dntracts\99tbonita canyon pads %ept agreement.doc -17- CITY OF NEWPORT BEACH A Municipal Corporation M Mayor City of Newport Beach i Exhibit A I A N Il S C A I' I A It C 11 I I I I 1 11 It P. • I' I A N N I N I, • I I It If A N I1 I. S I C N 0 May 5, 1999 Mr. Mike Sinacori City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Proposal for Design Services for Bonita Canyon Park and MacArthur Boulevard Open Space (Revised) Dear Mike: EPT is pleased to provide this proposal for design services for the above referenced project. We have assembled an experienced team for this project and look forward to completing this project with the City of Newport Beach. Per the City's request our team has included in our Scope of Work the MacArthur Boulevard Open Space Park. We have visited the site and reviewed the schematic concept plan for the park. This additional scope plus the add alternative program has increased our previous estimated design fees. There are some definite design issues that need to be addressed in the Open Space Park before preparing final plans. DESIGN TEAM EPT Landscape Architecture - Prime Consultant MCE - Civil Engineer West Coast Design Group — Electrical /Lighting Engineer Ron Yeo, Architect — Park Buildings Coil & Welsh - Structural Engineers Integrated Urban Forestry — Agronomy testing RGI - Utility Consultants NMG — Geotechnical Engineer I. GENERAL SCOPE OF SERVICES AND SCOPE OF WORK A. Scope of Services Scope of services shall include design development, construction documents, bidding and construction observation for the Bonita Canyon Park sites, east and west, and the added MacArthur Boulevard Open Space. This will also include providing add alternative items for the east and west park areas and treating the open space as an add alternative item. B. Scope of Work The scope of work is to provide the above services for Bonita Canyon Park and MacArthur Boulevard Open Space. The project consists of the following park and open space programs: WIINC.I VAIs: R1. 11,1111 H. I :,nd. -, ,uvl, 11.' 1, :!I R.( :1 ...... II'1' • N...1 I:': .1 I."Jev� II', llJll t'F,'- (..nuinJ (:.yi.u.....1.. \du.lndu Caqu,b.m"., C.i J_O,p 111 040 r1..., -. I " t4F•tt99 Mr. Mike Sinacori Re: Bonita Canyon Park May 5, 1999 Page 2 II. East Sports Area Base Bid Parking lots Restroom facility with storage Children's tot lot Associated walks and hardscape Picnic Area Four baseball fields Soccer fields Fencing West Sports Area Base i Parking lot Restroom facility Fencing Open turf play area Add Alternatives Restroom near Overlook Overlook Add Alternatives Tennis courts Basketball court Tot lot & seat wall MacArthur Boulevard Open Space (Add Alternative) Walkways Planting SPECIFIC SCOPE OF SERVICES A. Design Development The design development will be based on the approved Bonita Canyon Park plans and the MacArthur Boulevard Open Space schematic plan developed by Purkiss -Rose. This effort will consist of the following tasks. 1. Prepare an aerial topo for both park areas and open space 2. Research for all existing available street utility plans I Prepare a composite base plan of topo and utility conditions 4. Conduct a project kick off meeting with the City and the EPT Design Team; this meeting will be used to obtain City input, technical requirements, city processing and establish milestones 5. Prepare design development plans of restroom building and site amenities 6. Prepare design development studies for MacArthur Boulevard Open Space 7. Review with the City, design development studies to get direction and approvals. 0 0 Mr. Mike Sinacori Re: Bonita Canyon Park May 5, 1999 Page 3 . B. Construction Documents EPT will provide 20 -scale plans (24 "x36" sheets) and specifications to obtain ed agency approvals and to construct the park and open space (see attached detailed consultants scope of work). 1. Prepare grading and drainage plans that meet City standards; this will consist of precise grading and drainage plans, details, and erosion control plans 2. Prepare hardscape construction plans and details 3. Prepare ball fields and perimeter fencing plans 4. Provide site amenities (trash receptacles, picnic tables, bar- b-clue, bleachers, bike racks, and drinking fountains) 5. Prepare detailed tot lot plans 6. Prepare site horizontal control plans 7. Prepare water and sewer improvement plans S. Prepare parking lot and driveway cuts plans 9, 10 11 12 13 Prepare an on -site hydrology study Prepare site electrical plans for parking lots, restrooms and pathway lighting Prepare architectural plan for restroom buildings; this will include architectural, structural and plumbing systems Provide plan for site power and telephones. Provide structural engineering for site fencing, light poles and walls 14. Provide irrigation plans to meet City requirements 15. Provide planting plans 16. Correlate and organize all drawings in one complete construction package 17. Prepare project title sheet 18. Provide an agronomy report for soil suitability 19. Provide required details and specifications of above work 20. EPT will process above plans through all City and local agencies to obtain required approvals and address comments 21. Provide a construction cost estimate Mr. Mike Sinacori Re: Bonita Canyon Park May 5, 1999 Page 4 Summary of add alternatives approach: 0 East Overlook • No design effort required in base bid • Full plans required for add alternatives (grading and drainage, hardscape and layout, details, planting and irrigation plans) East Restroom near Overlook • Provide wet and dry utilities, graded pad and walks to the area in base bid • Use West Area restroom plans and instruct contractor to retrofit irrigation for add alternative West Tennis Courts • Grade, plant and irrigate to allow for future courts in base bid • Provide in written form, information for contractor to design, provide shop drawings and construct for add alternative West Basketball Court • Grade, plant and irrigate to allow for future court in base bid • Provide in written form, information for contractor to design, provide shop drawings and construct for add alternative West Tot Lot and Seat Walls • Grade, plant and irrigate to allow for future tot lot and seat walls in base bid • Provide full plans for add alternative (grading and drainage, hardscape and layout, play equipment, details, planting and irrigation plans) III. BIDDING A. Attend pre -bid coordination meeting with the City B. Attend pre -bid meeting with contractors C. Preparation of addendums D. Provide plan clarifications for contractors IV. CONSTRUCTION OBSERVATION A. Attend pre - construction meeting with the City and selected contractor B. Conduct site visits to ensure compliance with plans C. Review submittals by contractor D. Provide inspections to prepare "punch list" items prior to and at the conclusion of maintenance E. Review as -built plans and controller charts F. Provide building architectural support Mr. Mike Sinacori Re: Bonita Canyon Park May 5, 1999 Page 5 G. Provide civil engineering support H. Provide electrical engineering support EXCLUSIONS • Environmental impact reports • Plan check and permit fees • Ballfield lighting We have really enjoyed developing this great park with the City and look forward to seeing it become a reality. Thank you for retaining EPT to complete the park, I am honored by your confidence in us and we will work hard to exceed your expectations. Sincerel —c ^v! Richard H. Vanderwood, Jr�A Principal 0 E Mr. Mike Sinacori Re: Bonita Canyon Park May 5, 1999 Page 6 FEE SCHEDULE DESIGN SERVICES Design Development EPT MCE NMG RGI Ron Yeo, Architect West Coast Design Group Construction Documents EPT MCE Ron Yeo, Architect Coil & Welsh RGI NMG Integrated Urban Forestry West Coast Design Group BIDDING AND CONSTRUCTION SERVICES Bid Preparation and Bidding EPT MCE NMG RGI Ron Yeo, Architect West Coast Design Group Construction Observation (Hourly) EPT MCE West Coast Design Group Ron Yeo, Architect RGI Subtotal Subtotal Subtotal Subtotal Grand Total Exhibit B $ 19,745 15,020 8,860 1,640 4,500 1.060 $ 50,825 $163,170 63,000 11,700 1,000 2,480 3,212 2,500 $252,442 $ 3,450 720 690 2,060 640 230 $ 7,790 $ 15,405 1,600 1,500 1,165 1.340 $ 21,010 $332,067 Reimbursable Budget $6,500 (Reproduction, computer printing, deliveries, postage and mileage) 0 • • C BONITA CANYON PARK EPT HOURS AND FEE SCHEDULE $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City Project Team 4 11080.00 Principal I Manager I Captain I Designer I Clerical Totals $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City 4 4 4 11080.00 Survey and Base Sheet Preparation 2 12 50 25 5,785.00 Research 8 600.00 Des. Dev. Open S ace 8 24 32 16 5,800.00 City Review of Open S ace 3 6 4 1,100.00 Project Management & Meetings 8 40 16 6 5,380.00 25 94 106 41 6 19,745.00 CONSTRUCTION DOCUMENTS Hardsca a Plans Base Bid 4 50 100 124 17,590.00 Hardsca a Plans Add Alt's 4 8 16 24 3,480.00 Hardsca a Plans Add Open S ace 1 6 26 2,270.00 Tot Lot Plans Base Bid 1 16 18 8 2,940.00 Tot Lot Plans Add Alt's 1 8 8 16 2,130.00 Grading Base Bid 4 16 8 2,240.00 Grading Add O enS ace 2 6 4 970.00 Construction Details Base Bid 2 40 80 120 15,060.00 Construction Details Add Alt's 2 24 20 40 5,560.00 Fencing Plans 1 4 8 950.00 Fencing Details 2 6 8 980.00 Irrigation Plans Base Bid 4 95 125 145 23,745.00 Irrigation Plans Add Alt's 1 10 18 10 2,600.00 Irrigation Plans Add Open S ace 2 15 25 30 4,660.00 Irrigation Details 1 2 1 4 565.00 Planting Plans Base Bid 6 40 45 20 7,805.00 Planting Plans Add Alt's 1 6 8 16 1,980.00 Planting Plans (Add Open S ace 2 8 12 24 2,960.001 Planting Details 4 8 4 1,040.00 Site Amenities 2 8 12 16 2,520.00 Prepare Project Title Sheet 2 8 6 1,000.00 Correlation of Plans 16 28 8 3,460.00 Specification Pre aration 4 40 4 3,720.00 Add Altemative S ecif'Cations 2 40 2 3,360.00 [n -House Quality Control 24 60 7,620.00 Ist Plan Check and Responses 4 30 80 80 12,370.00 2nd Plan Check and Responses 2 16 30 40 5,610.00 Final Approvals 2 16 18 4 2,850.00 Final Cost Estimate 8 25 24 12 12 5,735.00 Project Management & Meetings 40 120 24 15,400.00 127 733 736 759 42 163,170.00 BIDDING Pre -Bid Meeting 4 4 820.00 Addendums 1 18 8 4 2,200.00 Clarifications 1 4 430.00 6 26 8 0 4 3,450.00 CONSTRUCTION OBSERVATION Attend Pre - construcion Meeting 4 4 820.00 Site Visits 24 120 12,120.00 Submittal Reviews 10 1 800.00 Punch Lists 2 14 3 1,460.00 Certification Letter 1 1 205.00 31 149 0 0 4 15,405.00 Professional Fees Total 201,770.00 • 0 0 0 0 BONITA CANYON PARK MCE HOURS AND FEE SCHEDULE $110.00 $90.00 $80.00 $65.00 $50.00 DESIGN DEVELOPMENT Aerial Too Project Project I I Engineer Lump $8,600 $8,600.00 Principal Manager Engineer /,ACAD Clerical Sum Totals $110.00 $90.00 $80.00 $65.00 $50.00 DESIGN DEVELOPMENT Aerial Too $8,600 $8,600.00 Aerial Topo MacArthur Open Space $1,000 $1,000.00 Base Mapping 0 4 8 24 1 $2,560.00 Conceptual Grading Plans 2 8 24 0 $2,860.00 $0.00 $0.00 2 12 32 24 0 $9,6001 $15,020.00 CONSTRUCTION DOCUMENTS Precise Grading Plans (18 shts) 8 56 104 160 8 $25,040.00 West Area Tot Lot (Bid Alt.) 2 8 8 0 $1,340.00 East Area Outlook (Bid Alt.) 2 8 8 0 $1,340.00 DW, RW Plans (6 shts) 4 16 24 56 4 $7,640.00 Sewer Plans (5 shts) 2 24 32 64 8 $9,500.00 Storm Drain Plans (4 shts) 4 24 24 48 4 $7,840.00 Field Survey (1 day) $1,500 $1,500.00 Earthwork Calcuations 2 4 16 $1,540.00 On -site Hydrology 2 16 16 $2,500.00 Cost Estimates 4 4 4 4 $1,140.00 Meetings (assume 6) 4 8 $1,160.00 Processing for Permits 8 8 $1,360.00 Easement Documents (2) 2 4 8 $1,100.00 $0.00 24 152 232 1 388 1 28 1 $0 $63,000.00 BIDDING Respond to Contractor Questions 4 $360.00 Review Bids 4 $360.00 $0.00 0 8 0 0 0 $0 $720.00 CONSTRUCTION OBSERVATION Site Visits assume 4 4 1 4 $800.00 Review RFI's 4 4 $800.00 $0.00 8 8 0 0 0 $0 $1,600.00 Professional Fees Total $80,340.00 May 3, 1999 Mr. Ric Vanderwood EPT Landscape Architecture 31872 Camino Capistrano San Juan Capistrano, CA 92675 Subject: Scope of Services (2nd Revision) Bonita Canyon Park Newport Beach, CA Dear Ric: Laguna Beach, CA 92651 phone: 949.376.6407 fax: 949.376.6417 We are submitting herewith a revised proposal for the above - mentioned project as requested by the City. This proposal includes new sewer plans in the public right -of -way and is based on using 24" x 36" plan sheets. We are also anticipating that the telephone and electrical improvements will be shown on our utility plans. Our revised scope is as follows: 1.0 Aerial Two o L l MCE will provide a 20 -scale aerial topo for the entire West park site and approximately one -half of the East park site. Total area is approximately 40- acres. 1.2 MCE will provide a 20 -scale aerial topo for the area on the east side of MacArthur that is just north of the Manning tract. 2.0 Base Mapping MCE will prepare electronic base map for design team's use. The base map will include the aerial topo, wet and dry utilities. An electronic file of the proposed site plan will be provided by EPT. As -built plans and tract/parcel maps to be provided to MCE by others. 3.0 Conceptual Grading Plans MCE will prepare conceptual grading plans to be used for design development and estimating earthwork quantities. These plans will be prepared at 40 -scale on MCE base map. They will be designed by hand (not electronically). Only one grading concept is anticipated. More than one grading concept will be considered additional work. [Y%Proposals \Bonita Canyon Park \Bonita Canyon Smpe Reviseda.doc 0 0 • 4.0 Construction Documents 1100 S. Coast Hwy., Suite 318 Laguna Beach, CA 92651 phone: 949.376,6407 fax: 949.376.6417 4.1 Precise Grading Plans (Base Bid) The grading plans will be 20 -scale and prepared on 24" x 36" sheets. • Notes Sheet (1) • Demolition Plans (3) • Precise Grading Plans (11) ❑ Detail Sheets (3) ❑ Erosion Control Plans (3) ❑ Horizontal Control Plan (4) (Rough grading plans are excluded from this proposal.) 4.2 Add Alternate Plans The base bid set will be prepared without the following items. MCE will prepare separate plans for each: • Add West Area Tot Lot and Seat Walls - Base bid will show POC's (1) • Add East Area Overlook (1) 4.3 Domestic Water and Reclaimed Water Plans The proposed domestic water and reclaimed water lines will be 40 -scale and shown in plan-view only. We assume that the domestic water will be connected to the Newport Beach facilities in Old Ford Road and the reclaimed water facilities will be tied to the IRWD facilities in Bonita Canyon Road. We assume that the water and reclaimed water connections Will be within 50 -feet of the park property line and that no work will be required on the existing large diameter water lines that traverse the site. MCE will show the electrical and telephone facilities on the water improvement plans. We assume that they will be designed by others and provided to us in an ACAD 14 format and in an MCE standard drafting format. • Notes Sheet (1) • Water/Reclaimed Water/Telephone/Electrical Plans (5) • Detail Sheets (2) 0AProposals \30nita Canyon Parklaonita Canyon Scope Roviseda.doc FMCE' CONSULTANTS 4.4 Sewer Plans 1100 S. Coast Hwy., Suite 318 . Laguna Beach. CA 92651 phone: 949.376.6407 fax: 949.376.6417 MCE will prepare 40 -scale sewer improvement plan and profiles for three restroom facilities. Based on a preliminary review of the as -built plans it appears that there is sufficient grade to gravity sewer the West Park Restroom and the Lookout Restroom to the existing sewer line in Newport Hills Drive West. There appears to be insufficient fall, however, between the Main Restroom (East Park) and the existing sewer line in Newport Hills Drive East. The existing sewer line will have surveyed to make a final determination. For purposes of this proposal, we have included field survey to check the existing sewer line. If a pump station is required for the Main Restroom it will be provided as additional work. (There is an existing IRWD sewer line in Bonita Canyon Road that would be a preferred point of connection.) ❑ Notes Sheet (I) ❑ Sewer Plan/Profile Sheets (3) ❑ Detail Sheet (1) 4.5 Storm Drain Plans MCE will prepare 40 -scale storm drain plan and profiles for the two (2) lines between Old Ford Road and the Canyon Outlet. We assume that the CDC hydrology report is available and will not need to be updated. ❑ Notes Sheet (1) o Storm Drain Plan/Profile Sheets (2) ❑ Detail Sheet (I ) 4.6 Field Survey MCE will provide one (1) day of field survey to check existing inverts and critical join elevations. 5.0 Earthwork MCE will prepare earthwork analysis for final grading plan. Changes to the site plan or grading plan that require revised earthwork analysis will be considered additional work. 17J 0:TroposaIMBonita Canyon Park \Bonita Canyon Scopo Reviseda.doc 0 0 0 6.0 On -site Hvdroloev Study 1100 S. Coast Hwy., Suite 318 Laguna Beach, CA 92651 phone: 949.376.6407 fax: 949.376.6417 MCE will prepare a hydrology study for all on -site drainage. We will review the existing off -site hydrology study for design of the backbone storm drain system, 7.0 Construction Cost Estimate MCE will prepare an Engineer's Estimate of Construction Cost for all civil - related items. 8.0 Meetings Assume 6 design meeting. 9.0 Processing MCE will process plans with the City of Newport Beach to permit. 10.0 Easements MCE will prepare two (2) legal descriptions and exhibits. 11.0 Bidding Answer contractor questions and review bids. 12.0 Construction Observation MCE will review and respond to RFI's and make field visits as necessary. Assume 4 visits. 13.0 Other See attached Exhibits "A" and "B ". If you have any questions, please do not hesitate to call. Sincerely, MCE Consultants 1' Atari J hn Arvin, P.E. � roject Manager DAProposalslaonila Canyon ParkOonda Canyon Scope Roviseda 4oc BONITA CANYON PARK RON YEO, ARCHITECT HOURS AND FEE SCHEDULE $110.00 $90.00 $90.00 $65.00 $50.00 40.0 Struct. Project CAD Principal I Engineer I Architect I Drafting I Designer I Clerical Totals $110.00 $90.00 $90.00 $65.00 $50.00 40.0 1 NIM R "11 F4 . i, . sse■�ss , , �. �, CONSTRUMON OBSERVATION Professional Fees Total $18,005.00 i 1 ri Pi RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX: (949) 644.0449 DATE: April 3, 1999 RE: Bonita Canyon Park, City of Newport Beach SCOPE OF WORK FOR RESTROOM BUILDINGS PHASE I PROJECT INITIATION Task 1.1 • Kick off meeting with City staff & design team • Obtain list of interested groups and advisory members • Give City' project manager a design questionnaire to fill out Task 1.2 • Data collection, review base maps, geotec report, utilities • Visit the site and surrounding areas • Review goals and requirements with staff and interest groups • Receive any requested aesthetic (style) requirements • Review filled out response to the design questionnaire PHASE 2 PRELIMINARY DESIGN Task 2 -1 • Obtain necessary room sizes for any electrical equipment/panels • Develop two restroom preliminary floor plans for review Task 2.2 • Provide preliminary concept elevations • Develop anticipated statement of probable cost • Provide anticipated utility requirements to the Civil Engineer • Review the designs with City staff PHASE 3 CONSTRUCTION DOCUMENTS Task 3.1 • Based upon the approved preliminary plans, develop construction documents for the two restrooms including structural, architectural and plumbing systems. One RR could be repeated at the third site as an add alternate. Fax Memo April 3, 1999 Page 2 • Coordinate the buildings with the design team to make sure that all issues are addressed (path of travel, drainage, utilities, etc.) • Co- ordinate with the Electrical Engineer (EPTs consultant) to incorporate the power & light fixtures that is part of their scope of work. Task 3.2 • Plot and submit for review at the 50% review stage. • Provide a statement of probable lump sum construction cost • Optional add- provide a detailed construction cost breakdown Task 3.3 • Finalize construction documents • Provide & coordinate specifications for the building portion of the project. • Plot and deliver to EPT for printing. Task 3.4 • Permit processing & review. Meet with the building department plan checkers & Fire Marshal. Make any necessary changes. PHASE 4 BID AND CONSTRUCTION PHASE Task 4.1 • Provide any required and requested assistance and response to bidders questions. Task 4.2 • Review and comment on final bids Task 4.3 • Provide construction assistance by reviewing submittals, RFIs, and visiting the project site at appropriate times as requested on a limited basis. • Conduct a final walk through and punch list. is 0 f.� BONITA CANYON PARK HOURS AND FEE SCHEDULE $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Princ/ 2 2 4 Draft /Typ Non - 1 $638 Assoc I Project I Staff Technician ing I Labor TotdLs $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Background Review 2 2 4 1 $638 Site Reconnaissance 1 3 1 $286 Field Investigation 4 14 $1,5001 $2,778 Laboratory Testing $1,000 $1000 Ceotechnical Analysis 3 8 16 $2,052 Report Preparation 2 8 8 8 $1736 Meetings/Project Mana eme 2 2 $370 Design Total: 9 2,51 45 0 8 $2,500 $81860 CONSTRUCTION DOCUMENTS Estimate Remedial Quantities 2 6 16 6 $2,022 Review Bid S eidfications 1 4 2 2 $654 Review Construction Plans 1 2 3 2 $536 Construction Documents Total: 4 12 18 3 10 $0 $3,212 BIDDING Attend Pre-Bid Meetin 3 $255 Preparation of Addendums 1 31 2 $435 Bidding Total: 1 61 0 01 2 $0 $690 Professional Fees Total $12,762 NMG Geotechnical, Inc. April 6, 1999 Project No. 99023 -01 To: EPT 31872 Camino Capistrano San Juan Capistrano, California 92675 Attention: Mr. Richard Vanderwood, Principal Subject: Proposal for Geotechnical Services during Design and Construction for Planned Bonita Canyon Park, City of Newport Beach, California INTRODUCTION At your request, NMG Geotechnical, Inc. (NMG) is pleased to submit this proposal for geotechnical services during design and construction for the proposed Bonita Canyon Park. The proposed park has eastern and western components. The larger eastern area is located in a strip of land between Ford Road and Bonita Canyon Road, to the west and east of Mesa View Road. The western area is located at the southeast corner of MacArthur Boulevard and Bonita Canyon Drive. NMG has performed the most recent geotechnical study of the park's east area as part of the overall study for the Bonita Canyon Development area. That study included an evaluation of the impact of once - proposed mass grading on existing water lines in the east area. This proposal is based on our recent meeting with you, the conceptual plans by EPT, and our familiarity with the site. This proposal is patterned after the scope of work outline and Hours and Fee Schedule table provided by you. GEOTECHNICAL ISSUES The primary geotechnical issues to be evaluated for the site include: • Settlement potential of onsite soils; • Impact of park development on existing water lines (MWD, IRWD, MCWD lines); • Groundwater conditions and impact to proposed grading and storm drain installation; • Presence of hard rock(s) at depth and potential need for local overexcavation; and • Recommendations for grading, structures and pavements. 0 • PROPOSED SCOPE OF SERVICES 99023 -01 April 6, 1999 Our scope of services has been divided into four areas of work, including: I) Design Development, 2) Construction Documents, 3) Bidding, and 4) Construction Observation. The tasks for each part are described below: Part 1 - Design Development a) Background Review: A geotechnical review of published and unpublished pertinent reports and maps for the site. Research of City and private archives for additional geotechnical information. b) Site Reconnaissance: Site visit to review the existing site conditions; stake proposed borings and trenches. We will also contact Underground Services Alert prior to any excavations. c) Field Investigation: Field investigation will consist of geologic field mapping, exploratory test pits (backhoe trenches) and small diameter borings. The subsurface investigation will primarily focus on the west area since substantial data exists for the east area. One day of backhoe trenches and one half day of small - diameter borings are recommended. Trenches and borings will be logged and sampled in the field. d) Laboratory Testing: Selected samples will be tested for insitu moisture and density, soil classification, consolidation, expansion potential, R- value, and shear strength. e) Geotechnical Analysis: Analysis of collected geotechnical data in light of the proposed park development. Analysis will include review of geotechnical conditions related to the existing water lines and evaluation of potential impacts to the lines by park development. f) Report Preparation: A single report will be prepared addressing both the east and west areas. Report will include recommendations for site grading, structures, foundations, pavements, and mitigating potential impacts of development on the existing water lines. Part 2 — Construction Documents a) Estimate Remedial Grading Quantities: Remedial grading quantities will be estimated based on the findings in our design report. A summary report will be prepared to document our results. b) Review Construction Plans: The final construction plans for the project including the grading, building foundation, and utility plans, will be reviewed and comments will be provided. 2 990406.d. 99023 -01 April 6, 1999 c) Bid Specifications: We will review the bid specifications and provide input and comments as needed. 0 Part 3 — Bidding a) Pre -bid Meeting: We will attend one pre -bid meeting as requested. b) Preparation of Addendums: We will provide response to bidders questions relating to the geotechnical issues and prepare a written response as needed. SCHEDULE Upon receipt of authorization to proceed, we anticipate that Part 1 can be completed within approximately four weeks. The remainder of the work would be performed as needed. For purposes of this proposal, we have assumed a total of four weeks for rough grading for the park. Precise grading and construction may take on the order of 3 to 4 months. If you have any questions regarding this proposal, please contact our office. We appreciate the opportunity to provide our services. Respectfully submitted, • Terri Wright Ted Miyake Associate Geologist Principal Engineer TW /TM/je Distribution: (2) Addressee 0 3 M406.dw 9 0 0 BONITA CANYON PARK WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE $130.(1(1 $9000 $55.00 $50.00 DESIGN DEVELOPMENT Meeting with City 5 Froject 0 0 0 1 Frinci al 0 Mana er 3 Devi er Clerical Totals $130.(1(1 $9000 $55.00 $50.00 DESIGN DEVELOPMENT Meeting with City 5 0 0 0 $650.00 Site visit 0 3 0 0 $270.00 Cnnes ondence 0 1 0 1 $140.00 So.00 5 4 U 1 $1,060.00 CONSTRUCTION DOCUMENTS Conduit & Wire Layout 1 4 6 0 $820.00 L:+ out fighting 4 2 0 0 $700.00 Point by Point Lighting Plan 0 0 6 0 $330.00 Sin le Line Diagram 1 2 2 0 $420.00 Concrete Base Design 0 1 2 0 $200.00 Panel Schedules 1 2 1 0 $365.00 Restroom Building Design 1 2 3 0 $475.00 Miscellaneous Details 0 1 2 0 1 $200.00 Coordination meetings 3 1 0 0 $480.00 Specifications 1 2 0 2 $410.00 Plan Check Corrections 1 2 2 1 $470.00 Coordinate Other Trades 1 1 0 0 $220.00 $0.00 (ALT Restroom ) 0 0 0 0 $0.00 (ALT Overlook Pathway) 0 2 2 0 $290.00 $o.00 $0.00 14 0 22 0 26 3 $5,380.00 BIDDING Answer Bidders Queslions 0 2 0 1 $230.00 $0.00 $0.00 $0.00 0 0 2 0 0 1 $230.00 CONSTRUCTION OBSERVATION RFI's 0 2 0 1 $230.00 Review Submittals 0 2 0 1 $230.00 Final WaUdhrou h 0 5 0 0 $450.00 Punehlist 1 2 0 1 S360.00 $0.00 ALT Restroom 0 1 0 1 5140.00 ALT Overlook Pathway) 0 1 0 0 S90.00 $0.00 $0.00 1 0 13 0 0 4 S1,s00.00 Proressional Fees Total $8,170.00 F i� I 10 WEST COAST DESIGN GROUP Electrical and Lighting Engineers 26692 Paseo Brillo, Suite 200 • San Juan Capistrano, CA 92675 RE: Bonita Canyon Park Electrical Engineering Services SERVICES TO BE PROVIDED: A. CONTRACT DOCUMENTS 1. Prepare final design calculations as required. 2. Prepare contract document drawings. Drawings shall include, but not be limited to: a. Single Line diagram, load schedules, panel schedules. b. Site lighting plan. C. Details for lights, meters, trenching, etc. 3. Prepare Electrical Specifications. 4. Attend coordination meeting with Architect. 5. Coordinate with the work of Architect and other Consultants. 6. Submit reproducible transparencies of drawings and copy of specifications to the Architect for your reproduction and submission to the governing authorities for plan check. 7. Incorporate plan check corrections as required for permits and bidding purposes. B. BIDDING Interpret electrical documents during bidding and assist the Architect in preparation of addenda responding to interpretations. C. CONSTRUCTION ADMINISTRATION SERVICES 1. Review shop drawings and submittals as required by construction documents. 2. Interpret contract documents for proper execution of work during construction. 3. One site visit for final inspection (punch list). 4. Normal coordination and communication to accomplish work. TEL: (949) 240 -1378 • FAX (949) 240 -1782 lightup@cwixmail.com E 0 0 r� 0 BONITA CANYON PARK RGI HOURS AND FEE SCHEDULE $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 DESIGN DEVELOPMENT Kick -off Meeting with Client Project 3 I CAD Drafting $210.00 Principal Manager Designer Operator Technician Clerical Totals $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 DESIGN DEVELOPMENT Kick -off Meeting with Client 3 $210.00 Research 2 3 $210.00 Concetual Dry Utility 1 3 8 2 $730.00 Composite Plan $0.00 Project Man ement & Meetings 7 $490.00 0 11 5 8 2 3 $1,640.00 CONSTRUCTION DOCUMENTS Submit packages top Utilities 1 2 $130.00 Assist Dry Utility Reps w/desi ns 2 1 $190.00 Monitor processing of packages 2 $140.00 Prepare Dry Utility Composite 1 3 8 2 $730.00 Plan for construction purposes $0.00 Review final plans & contracts 2 1 $170.00 Advise client /developer regarding final documents 3 $210.00 Finalize contracts & invoices 2 $140.00 Assist client in Dry Utility matters 5 $350.00 Project Management & Meetings 6 $420.00 $0.00 $0.00 0 24 3 9 2 1 3 $2,480.00 BIDDING Pre -Bid Meeting 3 1 1 1 $340.00 Prepare Dry Utility Com osite 1 3 8 2 $730.00 Plan for bidding purposes $0.00 Prepare special provisions 3 4 $330.00 Prepare & provide client with Bid documents 3 4 $330.00 Prepare & provide client w! Engineer's Estimate 3 11 1 4 1 $330.00 $0.00 $0.00 0 13 4 8 3 13 $2,060.00 CONSTRUCTION OBSERVATION Attend Pre - construction Mt g. 3 $210.00 Site V isits 9 $630.00 Reviews & revisions 1 2 2 $290.00 Site & Inspection Certification 3 $210.00 $0.00 $0.00 0 1 16 2 1 2 1 0 0 $1,340.00 Professional Fees Total $7,520.00 0 SCOPE OF SERVICES (Community Park East and West - Bonita Vlllage) UNDERSTANDINGS: 1. It is understood that Client will provide RGI with all necessary Improvement Plans and Base Maps to enable RGl to complete Its assigned tasks. 21 It Is understood that this scope will include both the East and West portions of the Bonita Village Park(s); and will be completed in one phase. 3. It Is understood that this scope will be completed once all plans and documents have been approved by both the Developer and each of the Dry Utility Agencies, 4. It is understood that RGI's responslbilltles are for Dry Utilities only (Power, Telephone, Gas, and CAM. SCOPE OF SERVICES: 1. Meet with Client and members of Project Team to establish timing, priorities and schedule for Dry Utility activity as it relates to this portion of the overall Project. 0 2. Prepare Conceptual layout plan and X- Reference Drawing to include in Civil's Plans reflecting locations of Dry Utility facilities on Project Site; and, review same with Client and each Dry Utility representative. 3. Submit packages to each Dry Utility Agency and assist Dry Utility representative with their respective designs. Monitor processing of packages through each department of each Dry Utility Agency and achieve closure on package processing. Review final plans and contracts and advise Client or Developer regarding final documents. 4. Prepare and provide Preliminary Dry Utility Composite Plan and X- Reference Drawing to include in Civil's Plans for Clients use in obtaining Bids; and another reflecting each of the respective Dry Utility Agencies Final Designs for Permitting and Construction purposes. 5. Prepare Special Provisions portion of Bid Documents and provide Client with Bid Items and Engineers Estimate with regard to Dry Utility items. 6. Attend meetings at direction of Client and assist Client in Dry Utility matters as they pertain to Clients activities and Client's areas of reeponeibility, (Continued) Page 1 (Continued) Page 2 C05T SUMMARY! 7, Provide Construction related assistance; arrange and attend Pre - Construction Meeting with Contractor and Dry Utility Inspectors, make field observations to ensure utility agency requirements are being met and observed, monitor Construction process to ensure that meters are set and cabling activity coincides with Contractor's schedule, RGI will perform the above 5cope of 5ervices in accordance with Industry accepted standards and within a time frame agreed upon between Client and RGI. Fees for 5ervices will be on a "Time and Material' basis not to exceed $7,520.00 without prior authorization from Client. Reimbursables are to be invoiced in addition to the Fees for Services and are anticipated to be $250.00, thus bringing the total cost for this undertaking to $7,770,00. A copy of RGl *e 5chedule of Pees ie attached and is to be consldered a part of this document, 0 5lncerely, PIG[ r�� ■o. El BONITA CANYON PARK Fee Schedule • EPT HOURS AND FEE SCHEDULE • Principal Project Manager Team Captain Designer $130.00 $75.00 $65.00 $55.00 MCE HOURS AND FEE SCHEDULE Principal Design Enggweer/ Project Manager Project Engineer ACAD $110.00 $90.00 $80.00 $65.00 NMG HOURS AND FEE SCHEDULE Princ/ Assoc Project Staff Technician $100.00 $85.00 $67.00 $62.00 RGI HOURS AND FEE SCHEDULE Principal Project Manager Designer CAD Operator $80.00 $70.00 $60.00 $50.00 Clerical $50.00 Clerical $50.00 Draft /Typing $40.00 Drafting Technician $40.00 RON YEO, ARCHITECT HOURS AND FEE SCHEDULE Principal Struct. Engineer Project Architect CAD Drafting Designer $110.00 $90.00 $90.00 $65.00 $50.00 WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE EXHIBIT "B" Clerical $30.00 Clerical $40.00 Principal Project Manager Designer Clerical $130.00 $90.00 $55.00 $50.00