The URL can be used to link to this page

Home My WebLink AboutC-2505(B) - Professional Services for Landscape for Bonita Creek ParkcaTl( cL.&RK PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL MONITORING SERVICES FOR THE BONITA CREEK PARK CONSTRUCTION PROJECT THIS AGREEMENT is made and entered into this 9 day of Juno= , 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and EICHENBERGER, FENNELL & ASSOCIATES, a California Corporation, hereinafter referred to as "CONSULTANT. WITNESSETH: WHEREAS, CITY awarded the contract for "Construction of Bonita Creek Park," hereinafter referred to as "PROJECT" to Valley Crest Landscape, Inc., on April 27, 1987; and WHEREAS, CITY must administer the construction contract, the asso- ciated inspection services and oversee all aspects of the project; and WHEREAS, CITY wishes to obtain professional expertise to monitor cer- tain aspects of PROJECT; and WHEREAS, CITY solicited and received a proposal for monitoring ser- vices from CONSULTANT; and WHEREAS, CONSULTANT has submitted a proposal for costs and services as outlined herein below; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: I. GENERAL A. CITY engages CONSULTANT to perform the described services for the consideration hereinafter stated. B. CONSULTANT agrees to perform the described services in accor- dance with the terms and conditions hereinafter set forth. C. CONSULTANT agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by CITY. 1 o 6 1 • II. SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT shall provide the following listed professional ser- vices to CITY. A more detailed explanation for said professional services is contained and enumerated in the CONSULTANT's proposal dated May 18, 1987. CONSULTANT shall: A. Provide jobsite observation during all phases of the construc- tion of PROJECT. Monitoring activities shall include no less than nineteen (19) field visits to ascertain conformity of construction to design specifications and project drawings. B. Provide detailed, up to date, information to CITY and its project management staff regarding the monitoring activities. Provide recommendations, where appropriate, regarding contracct change orders, deviations from the plans and specifications or errors and omissions by the Contractor or any of his subcontractors. C. The jobsite and field monitoring visitations mentioned hereinabove shall include the following: 1. Preconstruction meeting with the Contractor. 2. Observation of concrete hardscape form work. 3. Irrigation system installation and testing. 4. Offsite reconnaissance and tagging of plant materials. 5. Grades and placement of tree, shrub and plant materials including plant pit and backfill observation. 6. A thorough review of all shop drawings and submittals. D. CONSULTANT shall make all correspondence and communication regarding the monitoring activities through CITY staff. Any field changes, discrepancies, recommendations for instructions or corrections shall be made through CITY staff for implementation and not directly to the Contractor or his Subcontractors. III. DUTIES OF THE CITY In order to assist CONSULTANT in the execution of his respon- sibilities under this Agreement, CITY agrees to provide the following: A. Assist CONSULTANT in obtaining any plans, drawings, records or other information as may be useful or necessary for the completion of the pro- ject monitoring services. B. Assign or arrange for staff and /or other personnel for field inspection for phases of the work not fully covered in CONSULTANT's required services as listed hereinabove. IV. TIME OF COMPLETION CONSULTANT shall commence work within one (1) week from the date of execution of this Agreement, and shall complete the work as required to coin- cide with CITY's contract with Valley Crest Landscape, Inc., for the construc- tion of PROJECT. 2 of 6 9 Ll Property Damage $500,000 each occurrence $500,000 aggregate A combined single limit policy with aggregate limits in the amount of $500,000 will be considered equivalent to the required minimum limits. D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT, 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. E. Failure to Secure If CONSULTANT at any time during the term of this Agreement, should fail to secure or maintain the foregoing insurance, CITY shall be per- mitted to obtain such insurance in CONSULTANT's name or as an agent of CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. F. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an addi- tional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and to CONSULTANT secondarily, if necessary. XII. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. XIII. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. 5 of 6 XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. XV. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless, CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to CONSULTANT's errors, negligent acts, omissions, or work conducted pursuant to this Agreement or arising from or in any manner connected to persons, firms or corporations furnishing or supplying work, services, materials, equip- ment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. PROVED AS TO FORM: of orade Assistant City Attorney Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 (714) 644 -3311 Eichenberger, Fennell & Associates 3505 Cadillac Avenue Suite P 101 Costa Mesa, CA 92626 (714) 545 -3234 CITY OF NEWPORT BEACH, a Municipal Corporation By Robert L. Wynn City Manager CITY EICHENBERGER, FENNELL, & ASSOCIATES, a California Corporation BY �Q& � T9_K4t_? X David Fennell Principal CONSULTANT • a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714( 640 -2251 TO: FINANCE DIRECTOR Parks, Beaches and Recreation FROM: CITY CLERK DATE: May 1, 1985 SUBJECT: Contract No. C -2505 Description of Contract Design Services Agreement for Effective date of Contract May 1, 1985 Authorized by Minute Action, approved on April 22, 1985 Contract with Eichenberger, Fennell & Associates Address 3505 Cadillac Avenue P101 Costa Mesa, CA 92626 Amount of Contract (See Agreement) W y ' Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 EICHENBERGER, FENNELL & ASSOCIATES Landscape Architecture /Planning March 25, 1985 Mr. Ronald A. Whitley Parks, Beaches & Recreation Dept. 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ron, i In accordance with your request, we are pleased to submit this proposal for professional services for the development of North Ford Park. In the professional service schedule detailed below, you will find a discussion of each point as requested in your March 14, 1985 correspondence. PROFESSIONAL SERVICE SCHEDULE Our design services are intended to provide a broad technical resource from which you may draw. The fee basis for these services recognizes the nature of the proposal project, required sub - consultants, anticipated expenditure and significant public responsibility carried in the decision. We've submitted comprehensive basic and supplementary service schedules from which to draw, providing adequate service to assure realistic conclusions and decisions. A. BASIC SERVICES 1. PRELIMINARY MASTER PLAN Preliminary master plan design services are intended to carry the project from early fact finding through to a mutually satisfactory scheme of design. The following steps are included in this process: - Information Gathering - Analysis of the site, use, soil, neighborhood and other environmental factors affecting the site. Also city inputs as to program, mainte- nance considerations, and other desires of the city. - Schematic Design - Based on the information gathered we'll develop a diagrammatic site plan illustrating the park function, use, circulation, vehicular parking and general site definition. Provide preliminary layout of storm drain, sewer and water facilities. .V F 3505 Cadillac Avenue / P101 I Costa Mesa, California 92828 1(714) 545-3234 zL Ronald A. Whitley City of Newport Beach March 25, 1985 Page Two - Grading Study - A grading study will accompany schematics which will identify type and nature of surface soils, sub -soils or dredge materials, sub - surface drainage schemes, surcharging parameters, and conclusions regarding measures which can be taken to mitigate the effects of dredge materials for use on the site. Meetings as necessary with City staff to review above schemes. - Probable Construction Cost Study - This document will accompany the schematic design and show the major areas of costs anticipated to complete the work. - Preliminary Master Plan - Based upon an approved schematic design and probable construction cost study, we'll develop the master plan for your review. Included would be: - Mounted, rendered plan illustrating desired park facilities - Preliminary floor plan, sections and elevations of proposed multi - purpose building - Defined planting plan concept - More definitive preliminary cost estimate working within the maximum expenditures set forth in the schematic stage. FEE: Hourly not to exceed $12,500 TIME: Required time for execution of the work three to four weeks COMMENCE WORK: Immediately 2. DESIGN AND CONSTRUCTION DOCUMENTS Based on the approved preliminary master plan, we will prepare technical documents for the site development adequate to allow equal opportunity for contractors to formulate their bids and enable them to perform the site work. The following documents would include: Ronald A. Whitley City of Newport Beach March 25, 1985 Page Three - Final Grading and Drainage - Earthwork quantities - Sewer, Water and Storm Drain Improvements - Construction Staking 0 - Prepare final grading plan for park playing fields and facilities including curb and gutter, paving grades for parking areas, hardscape at central building. Prepare sub - drain plan, show on grading plan. - Prepare earthwork quantities - Prepare improvement plans for sewer to central building. Process plans with Irvine Ranch Water District. Prepare water service plan to central building, process with City of Newport Beach. Prepare storm drain improvement plan including hydraulic calls and process with City of Newport Beach. - Calculate staking control plan for playing fields, building location, and parking lots. - Central Building - Prepare complete architectural plans and specifications for building of approxi- mately 2500 sq. ft. which shall include restrooms, concessions area, equipment/ maintenance room, meeting room and a small office. - Landscape Construction - Prepare construction plans.and details for all hardscape construction including concrete walks, plazas, picnic areas, shade structures, seat walls, childrens play areas, hardcourt areas and signing. - Site Lighting - Prepare detailed electrical plans and specifications including athletic field lighting, building lighting, parking lot lighting and miscellaneous landscape lighting. - Planting Plan - Prepare final planting plans and details for all landscape work. - Irrigation Plan - Prepare final irrigation plans and details. Ronald A. Whitley City of Newport Beach March 25, 1985 Page Four - Specifications - Final Cost Estimate r - Prepare specifications in conformance with City of Newport Beach procedures. - Prepare itemized, detailed cost estimate. We will coordinate and reconcile drawings and specifications to ensure their compatibility with all drawings prepared for this project and shall review those drawings for conformity with our design intent. FEE RANGE: TIME: COMMENCE WORK: 3. PERIODIC INSPECTION $41,500 $46,500 - Required time for execution of the work: Four to Six weeks Immediately upon approval of preliminary master plan As assistance to your staff, we periodically inspect the job site to check the quality and progress of the work. .Our experience suggests an allowance be made for this project of 20 man hours for required site visitation and is included in our fees for basic services. Should additional inspection or contact administration be desired, please advise. 4. EXCLUSION TO SCOPE OF WORK a. All base information, including topographic and boundary survey and soils engineering, investigation and testing shall be provided by the City. b. It is assumed that no grading will occur in the M.W.D. easement area and no processing will be required with M.W.D. c. We will endeavor to secure compliance by the contractor with respect to the scope of services we perform, but shall not be responsible for the performance of contractors of for their errors or omissions. 5. REIMBURSABLE EXPENSES All out of pocket expenses, such as, soils testing, blueprinting, photo copies, and photographic reproduction will be reimbursable at net cost. 6. STATEMENTS AND PROGRESS REPORTS a_. Fee invoices for payment shall be submitted on a monthly basis for completion of each phase or for a percentage of work completed during that billing period. b. Reimbursable costs shall be billed monthly on separate invoices. • 0 . 1. Ronald A. Whitley City of Newport Beach March 25, 1985 Page Five 7. EXTRA SERVICES AND CHANCES a. Extra services include, but are not limited to: 1. Master planning, site planning, planning surveys, feasibility studies, and special analyses which are not included in the original scope of work. 2. Revisions and changes to approved drawings. 3. Plan preparation and /or administration of that portion of a project let on a segregated basis. 4. Services with respect to replacement of any work damaged during construction and default or insolvency of contractors. 5. As —built drawing preparation or measured drawings of existing conditions as authorized by the client. 6. Services related to prolonged contract administration should the construction time be substantially extended through no fault of the Landscape Architect. FEE FOR EXTRA SERVICES: Hourly @ $40.00 /hour. 8. TERMINATION Either party may terminate these services for good reason upon ten days' written notice. Eichenberger, Fennell & Associates shall be compensated for all work performed prior to date of termination. 9. REVOCATION If acceptance is not received within 90 days of the date thereof, this proposal shall be considered revoked. 10. As instruments of service, drawings, specifications and other construction documents are the property of the Landscape Architect whether the project for which they are made is executed or not. These documents are not to be used on other projects except by written agreement of the Landscape Architect. _ &Aga= 4 Ronald A. Whitley City of Newport Beach March 25, 1985 Page Six 11. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this agreement shall be binding upon the client and its successors and assigns and upon the Landscape Architect, its successors and assigns. Neither party shall assign nor transfer its interest in this agreement or any part thereof without the written consent of the other party. Please call if you have any questions or need any items clarified. We look forward to the opportunity of working with you on this project. Please sign and return one copy if this proposal meets with your approval. Sincerely, �r ✓!� David T. Fennell Principal RAF:sc THE FOREGOING AGREEMENT IS HEREBY ACCEPTED: B'. r ATTES : TITLE: .Mayor DATE: 98$ City Clerk C•� #� ! .. _ . 3 �.�% -- . _� _, .- ... `�.�:�� .�;�- �4 :nom. �:.� ,-�:�.� � , � -,t„ ,,�..,. • CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: DESIGN SERVICES AGREEMENT FOR NORTH FORD PARK Recommendation: April 22, 1985 C -z'5o5 CITY COUNCIL AGENDA ITEM NO. F-3(� ) BY THE Cilf COUNCIL CITY OF NEWPORT BEACH APR 22 19,35 APPROVER Authorize the Mayor and City Clerk to execute a professional services agreement with Eichenberger, Fennell and Associates, Landscape Architects, in the estimated amount of $59,000 to prepare a preliminary master plan and design construction documents for North Ford Park. Disrussion- The 1984 -85 budget contains an appropriation of $100,000 to prepare a preliminary plan and working drawings for the construction of North Ford Park. The proposed park is located in the North Ford area as identified in the recent development agreement with The Irvine Company for the North Ford residential project. A City staff /Parks, Beaches and Recreation Commission committee consisting of Don Webb, City Engineer, Rae Cohen, Chair of the Parks, Beaches and Recreation Commission, Sterling Wolfe, member of the Parks, Beaches and Recreation Commission, andme interviewed five local landscape architectural firms that had expressed interest in this project on Tuesday, March 12, 1985. As a result of these inter- views three of the firms were asked to submit proposals for the project. On Wednesday, April 10, 1985, the committee met to determine a recommendation for design services purposes. By unanimous decision the recommended consultant was selected. Their interview presentation, written proposal and fee were superior to others submitted. It is planned to construct the park next fiscal year after the design and estimated budget for construction is completed. Construction funds are currently available in a reserve account that was generated as in lieu fee from the J.M. Peters Belcourt development. The landscape architectural consultant and appropriate sub - consultants will provide: 1. Preliminary Master Plan Preliminary master plan design services are intended to carry the project from early fact finding through to a mutually satisfactory scheme of design. The following steps are included in this process: I - Information Gathering - Analysis of the site, use, soil, neighborhood and other environmental factors affecting the site. Also 0 - Schematic Design - Grading Study - Probable Construction Cost Study - Preliminary Master Plan 2. Design and Construction Documents - Final Grading and Drainage - Earthwork Quantities - Sewer, Water and Storm Drain Improvements - Construction Staking - Central Building -2- 10 city inputs as to program, maintenance considerations, and other desires of the city. - Based on the information gathered, develop a diagrammatic site plan illustrating the park function, use, circulation, vehicular parking and general site definition. Provide preliminary layout of storm drain, sewer and water facilities. - A grading study will accompany schematics which will identify type and nature of surface soils, sub -soils or dredge materials, sub - surface drainage schemes, surcharging parameters, and conclusions regarding measures which can be taken to mitigate the effects of dredge materials for use on the site. - This document will accompany the schematic design and show the major areas of costs anticipated to complete the work. - Based upon an approved schematic design and probable construction cost study, develop the master plan for review. - Prepare final grading plan for park playing fields and facilities including curb and gutter, paving grades for parking areas, hardscape at central building. Prepare sub - drain plan, show on grading plan. - Prepare earthwork quantities. - Prepare improvement plans for sewer to central building. Process plans with Irvine Ranch Water District. Prepare water service plan to central building, process with City of Newport Beach. Prepare storm drain improvement plan including hydraulic calcs and process with City of Newport Beach. - Calculate staking control plan for playing fields, building location, and parking lots. - Prepare complete architectural plans and specifications for building of approxi- mately 2500 sq. ft. which shall include restrooms, concessions area, equipment/ maintenance room, meeting room and a small office. - Landscape Construction - Prepare construction plans and details for all hardscape construction including concrete walks, plazas, picnic areas, shade structures, seat walls, children's play areas, hardcourt areas and signing. - Site Lighting - Prepare detailed electrical plans and specifications including athletic field lighting, building lighting, parking lot lighting and miscellaneous landscape lighting. - Planting Plan - Prepare final planting plans and details for all landscape work. - Irrigation Plan - Prepare final irrigation plans and details. - Specifications - Prepare specifications in conformance with City of Newport Beach procedures. - Final Cost Estimate - Prepare itemized, detailed cost estimate. Ronald A. Whit ey