Loading...
HomeMy WebLinkAboutC-3270(A) - Bonita Canyon Sports Park - Design ContractC3'&) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. 2 February 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department General Services Department Recreation & Sr. Serv. Steve Badum, Director David E. Niederhaus, Director Marie Knight, Director 949 -644- 3311 949 -644 -3055 949 -644 -3157 SUBJECT: BONITA CANYON SPORTS PARK UPDATE OBJECTIVE 11 a, 'Q�' To provide the background and history of the Bonita Canyon Sports Park as well as an update on the current project status PROJECT BACKGROUND: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The Park has three distinct use areas - East Park, Mid Park, and West Park. The contract included the following basic park components: East Park • Three 200 -foot youth baseball fields • One multi - purpose baseball /soccer field • Restroom and equipment storage facilities • Tot Lot • Picnic areas • Green open spaces with earth berms, pedestrian walking trails, and lights • On site parking lot for 240 vehicles Mid Park • Three mid -park youth soccer fields • Green open spaces with earth berms, pedestrian walking trails, and lights • Restroom Facility West Park • Tot lot • Youth soccer fields • Green open spaces with earth berms, pedestrian walking trails, and lights • On site parking lot for 115 vehicles • Restroom Facility SUBJECT: Bonita Canyon Spot�rk Update i February 11, 2003 - Page 2 In addition to the original contract, a change order was processed to add the tennis and basketball courts in West Park for an additional cost of $113,000. On August 14, 2001, City Council approved a change order in the amount of $336,603.70, adding the landscaping of the "Freeway Reservation" open space parcel along Macarthur Boulevard as a part of West Park construction. In November 2001, work on the project stopped due to financial difficulties of the general contractor, Castello, Inc. (Castello). The Park was approximately 88 percent complete and the construction was scheduled for completion in February 2002, with five months of plant establishment and maintenance to follow. The anticipated Park opening was July 2002. On January 22, 2002, the City Council approved the St. Paul Surety Takeover Agreement to permit the Surety to complete the Park. This Agreement retained all the covenants and requirements of the original contract. From that point forward all payments, including retention were to be made to the Surety, who in turn would pay their completion contractor. The performance and payment bonds of the Surety also remained in effect. The Takeover Agreement required the completion contractor be retained within thirty days of the signing of this Agreement, and the construction work be completed within 90 days of their start of work. Erreca's, Inc., of Lakeside, California was selected by the Surety to complete the project. Construction restarted on February 25, 2002 and it quickly became apparent 90 days was not a reasonable amount of time in which to complete the Park based upon the new contractor's assessment of the quality and amount of work actually completed. Additionally, from the November 2001 work stoppage to the time Erreca's mobilized in late February 2002, several problems arose due to the inactive status of the construction project such as weed control, irrigation /erosion problems, and plant maintenance issues. The Surety's estimated 90 days was based on the original contract time and not based on the new contractor's review of what time was realistically needed to complete the project. City staff asked the Surety and Erreca's to provide an updated schedule. In addition, the turf grass hydroseeding did not occur until August 2002 Erreca's initial revised schedule showed construction completion in October 2002. As the new General Contractor, Erreca's re -hired most of the original sub - contractors. The original landscape sub - contractor, Flintridge, had performance problems during the first three months of the new effort to complete the project. Despite efforts to improve their performance they were ultimately removed by the Surety and a new landscape subcontractor, American Landscape, was hired as their replacement. Since American Landscape has been hired, progress with the completion of the West Park has been acceptable. Maintenance and upkeep of the Mid and East Park areas however, has been unacceptable. SUBJECT: Bonita Canyon Spor*1c Update February 11, 2003 Page 3 CURRENT STATUS: Plant Establishment The 90-day plant establishment period has been temporarily suspended on several occasions due to above noted contract difficulties as well as recent technical problems with both the irrigation system and the condition of the plants. The plant establishment period of this project is the time allotted for the grass, shrubs, trees and groundcover to grow to an acceptable height and establish roots strong system. In addition, the plant materials need to be healthy and free of insects and weeds. It is hoped that these problems will be resolved shortly and the plant establishment period for both East Park and Mid Park could be completed in May. Once the plant establishment period is successfully completed to the satisfaction of City Staff, the City may assume possession of these portions of the Park and release the Surety from further maintenance obligations. Turf establishment and seed mixture issues are addressed separately in the "Playing Surface" portion of this report. Irrigation Reclaimed water provided by the Irvine Ranch Water District is utilized throughout the Park's irrigation system. There are three main issues related to the irrigation system: 1. We believe the IRWD source water is clogging our points of connection basket strainers to the point that no water can pass to the irrigation system. Each time the strainers clog, a day of maintenance is required to rectify the situation. This is occurring about once every two weeks. However, recently it has been reduced to about once a month. We are working with IRWD and outside experts to study the material that is clogging the strainers. Outside water quality laboratories have also been introduced to study the problem. IRWD serves reclaimed water to the site via the Michelson Treatment plant. However, there are times when water is supplied from two open body reservoirs; Sand Canyon and Rattlesnake. Because of the above - mentioned problems, the automated mode in the irrigation design cannot be executed properly, is not dependable and does not meet contractual compliance. 2. The mainline valves that operate the irrigation system are not functioning properly. The rubber diaphragm components of the valves are deteriorating causing failure. When the valves fail, they stick in the open position causing flooding to the park. As of today, the manufacturer of the valves has not given a definite solution to the problem. They are now testing new state -of -the art rubber diaphragms for possible replacement on hundreds of valves. However, delivery of the new diaphragms has not been realized at the writing of this report. The City has used the same manufacturer of sprinkler valves that were installed in this Park for the past 25 years without any problems. SUBJECT: Bonita Canyon Spor•rk Update • February 11, 2003 Page 4 Regulations on the use of reclaimed water require the City to have no ponding of the reclaimed water being used. We have had situations where the valves have been stuck open for hours causing extreme saturation and ponding. These wet areas would make the fields temporarily un- playable, aside for the perceived health risk associated with the public's contact with reclaimed water. 3. The irrigation system has been designed with pressure control valves throughout the entire system to maintain a uniform pressure to the individual sprinkler heads. Though the basket strainers at the point of connections are suppose to prevent material from entering the irrigation system, very fine material is getting by these strainers and causing blockages in the controls for the pressure reducing valves. When a blockage has occurred, the pressure control valves are bypassed allowing higher pressure to the sprinkler heads. Since the pressure is no longer being controlled the heads are producing too much spray, causing overlapping spray situations, which produces staturation. The irrigation system designer is looking into options and Staff is also working with IRWD and the water quality laboratories to determine where the material is being generated with the hope of eliminating it at the source. Playing Surface The Park's designers, EPT Design, and outside turf experts recommend no formal use of the turf until September to enable the turf root systems to be further established in the warm summer months. Staff believes this is the prudent course of action and supports this recommendation. This plan would ensure the establishment of safe and durable fields for the soccer season. The turf grass species that was selected for the Park took into consideration the multi -uses of this facility, maintenance budgets, recovery of turf grass after each season, soil, and irrigation applications. Prior to selecting the Turf grass species, staff conducted extensive research and soil tests in order to arrive at the optimal blend for this multi -use Park. In addition, as it was unknown what time of year the hydro seeding would take place, the seed blend selected needed to be able to perform in either cold or warm weather. The turf grass species that was selected has been used successfully in various blends at other City parks that have multi - athletic use, i.e. Peninsula, Bob Henry, and Arroyo Parks. Projected Use Schedule Recreation and Senior Services Department staff is currently working with the Parks, Beaches and Recreation Commission (PB &R) to establish a Use Schedule for both Bonita Canyon Sports Park (BCSP) as well as all of our sports field facilities. There are four factors to be considered here: (1) based on information recently received from the Youth Spots Organizations, all are experiencing increased registration this year for their programs; (2) every organization has requested use of the fields at BCSP once it is open; (3) the current allocation of fields to the sports organizations is unbalanced and inequitable. SUBJECT: Bonita Canyon SporAw Update February 11, 2003 Page 5 Over the years there are a few organizations who have been given the lion's share of available fields, and with increased demand, it is time to create an equitable formula that takes into consideration participant numbers, residency vs. non - residency, and hours actually needed vs. hours desired. (4) With the opening of BCSP the City will be utilizing one field for a maintenance rotation in order to give General Services Department staff the ability to perform proper maintenance on other sports fields. This field will not be assigned to any one group, rather used to transfer a group to BCSP when their "home field" is in a maintenance period. Staff is gathering both current and past usage information from the various youth sports organizations as well as their projected registration information and anticipates that the proposed Field Use Allocation Schedule will be presented to the PB &R Commission at the March 4, 2003 meeting. Projected Opening Final construction of the West Park facilities would not be completed until May of 2003. The West Park portion of the project is on a different schedule due to the addition of the landscaping work along MacArthur (Freeway Reservation open space). Like the East and Mid -Park portions of the project, a 5 -month plant establishment and maintenance period will follow. Upon successful completion of the plant establishment period, the City would accept the entire Park project as completed and open the remaining portions of the park for public use. The tentative completion date for the West Park is September 2003. However, the tot -lot, tennis, and basketball facilities in West Park may be available for public use as early as May 2003 depending on the logistics of opening these facilities within uncompleted portions of the park. This area of the park is also experiencing problems with irrigation valves and filters and not functioning to design criteria. PROJECT COST SUMMARY The costs to date are summarized as follows: Construction Costs to Date Total Original Contract Amount Change Orders to Contract (approved as of this date) Total Project Cost with Approved Change Orders . Current Payments Payments to Castello /St. Paul Surety* Retention (escrow) *The project is 94 percent complete. $6,276,000.00 $581,369.36 $6,857369.36 $6,124,042.54 $ 325.544.93 $6,449,587.47 SUBJECT: Bonita Canyon Spa rk Update • February 11, 2003 Page 6 The funds for this project have been budgeted in the following accounts: Account No. Account Name Amount 7441- C41220434 Bonita Canyon Development $6,167,500.00 7532- C4120434 Sewer Pump Station Improvements 100,000.00 7021- C4120434 Park Improvements 48,000.00 7531- C5600292 Sewer Main Improvements 34,808.30 7432- C5100657 CIOSA Improvements 399,996.00 7015- C5100599 Park Improvements 33,607.70 7021- C4120616 Bonita Canyon Sports Park 120,000.00 7031- C4120431 Park & Field Renovation 13,482.00 Grand Total $6,917,394.00 Also attached for your information is the Bonita Canyon Public Facilities Financing Authority Summary that provided for construction of the sports park. ENVIRONMENTAL REVIEW: A negative Declaration was prepared for this project. SUMMARY There are currently three obstacles to the final acceptance of the BCSP. 1. Plant establishment 2. Irrigation system problems 3. Legal difficulties and liability issues that would occur if the Park were to be accepted in stages rather than as an entire project. Submitted by: 3n G. Badum, Director Works Department David E. Niederhaus, Director General Services Department ight, Dir +ct6Y m and genior Services Department Attachment: Bonita Canyon Public Facilities Financing Authority Summary • February 11, 2003 Study Session Item No. SS2 Attachment for Study Session Item No. 2 - Bonita Canyon Sports Park Update Bonita Canyon Public Facilities Financing Authority Community Facilities District 98 -1 Special Tax Bonds, Series 1998 Member Agencies City of Newport Beach City of Irvine (Dropped out upon Annexation) Newport Mesa Unified School District Term 31 Yrs All in Total Interest Cost 5.66% Par Value of Bonds 45,000,000 Less: Original Discount (747,997) Less: Underwriter's Discount (618,750) Net Proceeds due to Authority 43,633,253 Capitalized Interest 1,652,725 Reserve Fund 4,114,091 Cost of Issuance 420,000 Administrative Expense 2.8,302 City of Newport Beach Improvements 2,600,000 Newport Mesa USD Improvements 6,840,423 Total Uses of Authority 43,633,253 City Of Newport Beach Uses: Principal Banana Belt Parcel 14,000,000 Other Land 1,100,000 Freeway Reservation 7,000,000 Infrastructure Reimbursements 2,600,000 Real Estate Closing Costs: 100,000 Park Improvements 5,777,712 30,577,712 Park Improvement Interest 1999 2000 2001 2002 2003 Interest Total 1,541,715 7,319,427 Construction Interest Exp 263,268 (3,600) 460,519 (1,139,141) 594,609 (4,084,834) 223,319 (1,342,743) (145,035) 1,541,715 (6,715,353) C Work Stopped November 2001 • Contractor, Castello, has financial issues unrelated to our project that limits their ability to pay sub - contractors and suppliers • Several sub - contractors and suppliers file stop payment notices • December 2001, City bans Castello from proceeding due to non - performance. • St. Paul Surety was notified Fall 2002 • Project completion is falling behind schedule due to the contractors inability to properly staff project • October 31, 2002 - Errecas terminates Flintridge's sub - contract and hires American Landscaping • Contract Award May 9, 2000 • Contract awarded to Castello, Inc. $6,276,000 • Scheduled for completion in Summer 2001 • After completion: - 2 months oflandscapc establishment - 3 months of maiwe cmce • Original park opening date, December 2001 • August 2001, Council approved addition of West Park Open Space Landscaping Surety Takeover of Project • Takeover Agreement with St. Paul Surety, approved by Council on January 22, 2002 • Surety assigned project to Errecas • Most sub - contractors were hired back including Flintridge Landscaping • Work resumes February 2002 • Completion schedule revised to October 2002 Current Status 1. Continuing Irrigation Problems • Basket strainers are clogging at connection with IRWD • Hundreds of control valves have faulty rubber diaphragms • Problems with pressure control valves 1 9 0 Current Status 2. Incomplete Work • Turf is spotty from poor fertilization • Sprinkler heads need to be raised • Brick dust areas need replacements, weed control, and edging • Time to complete estimated at 4 weeks, providing Contractor properly staffs workcrews and good weather The Good News • Valve manufacturer, Griswold Controls, will replace all rubber diaphragms • Griswold will also flush irrigation system • No cost to City or Contractor — Bad News • 4 -6 week process • Until repairs are finished, system cannot be tested ., � � v -:1 < ; -I ��.:' .. �"eM � s ��-. ��. =� � :: � . F �-- � ^ _ f �� .., i! �; i.i � �����. �I�� � �! �} .It .11�l f_ ��_ $ � 1 �'V �` Costs to Date Original Contract $6,276,000 Change Orders $581,369 Total Project Cost $6,857,369 To Date Wa, Park Maiot nnorc & Plant E,tsblishment Project is 94% Complete To Daze Paymcnnn, Contractor $6.124,042 M tion $325544 Current Status 3. Park Establishment 60 day period has been suspended until irrigation problems are resolved While the park appears "green ", our turf experts tell us the turf grasses have not yet developed a strong root system to enable use of the fields. Current Schedule East & Mid Park Complaiov March 2003 East & Mid Park Maitnenencc& Plant Establishm ®t June 2003 Wan Park Compindon .April 2003 Wa, Park Maiot nnorc & Plant E,tsblishment Scpn ®bv 2003 East Park Tot Lot & Ratrooms Op for Public L'se October 2002 Wat Pa& Tot Lot. Tends & na,keball Comta, Ratrooms Oprn for Public Uu May 2003 Assumptions: 1. All outstanding nnno, for irngation solved in the estimarW timefrnmo- 2. No delay, due to wemlur 0 Summary • Issues to be resolved — Irrigation System Problems — Completion of contract items — Plant establishment — Legal and liability issues if Park is accepted in stages instead of entire project -h 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 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 Be 1] 0 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 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 -2- 0 0 (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- 0 0 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 13 0 0 responsible for the Contractor's 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- 0 0 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. 8. 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 go 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 11FA 0 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 191 0 0 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 IM011 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 SEE 0 0 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 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 51191 0 0 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 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 -14- 0 0 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- 0 0 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 -16- E 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: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation r By: ayor City of Newport Beach EPT f:\ users \pbvAshared \contracts \99 \bonita canyon park \ept agreement.doc -17- 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: PH IN( IVdtS: Ri:lmrd H. I "n n 11enr0od.11.• JeP K.Ch,inilr't•.A'md F.'nk_on• Alxth,w I I'. Hal? .3 1N>2 Cmnmo Gipi_IMIIO. Snn Aum Capignmo, C. y267.i Tut gag 661 -, i27 1 A X 949 = 4S-2i99 0 0 1. A N I) ti l' A I' 1 A R C I I' 'I 1 t' l U I: f - P I I�\ I, - l. It h I) I S I G '� 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: PH IN( IVdtS: Ri:lmrd H. I "n n 11enr0od.11.• JeP K.Ch,inilr't•.A'md F.'nk_on• Alxth,w I I'. Hal? .3 1N>2 Cmnmo Gipi_IMIIO. Snn Aum Capignmo, C. y267.i Tut gag 661 -, i27 1 A X 949 = 4S-2i99 Mr. Mike Sinacori • Re: Bonita Canyon Park May 5, 1999 Page 2 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 Bid Parking lot Restroom facility Fencing Open turf play area 0 Add Alternatives Restroom near Overlook Overlook Add Alternatives Tennis courts Basketball court Tot lot & seat wall MacArthur Boulevard Open Space (Add Alternative) Walkways Planting II. 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 3. 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. 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 required 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 -que, 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 8. Prepare parking lot and driveway cuts plans 9. Prepare an on -site hydrology study 10. Prepare site electrical plans for parking lots, restrooms and pathway lighting 11. Prepare architectural plan for restroom buildings; this will include architectural, structural and plumbing systems 12. Provide plan for site power and telephones. 13. 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 is • Re: Bonita Canyon Park May 5, 1999 Page 4 Summary of add alternatives approach: 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 Richard H. Vanderwood, JrA Principal Mr. Mike Sinacori • • Re: Bonita Canyon Park May 5, 1999 Page 6 FEE SCHEDULE DESIGN SERVICES Design Development EPT MCE NMG RGI Ron Yee, 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 Reimbursable Budget (Reproduction, computer printing, deliveries, postage and mileage) $ 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 5,380 $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 $6,500 BONITA CANYON ARK EPT HOURS AND FEE SCHEDULE 0 $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City Project Team 4 1,080.00 Principal Manager I Captain I Designer I Clerical I Totals $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City 4 4 4 1,080.00 Survev and Base Sheet Preparation 2 12 50 25 5,785.00 Research 8 600.00 Des. Dev, Open Space 8 24 32 16 5,800.00 City Review of Open Space 3 6 4 1,100.00 Project Management & Meetings 8 40 16 6 5,380.00' 25 94 106___L_41 6 19,745.00 CONSTRUCTION DOCUMENTS Hardsca e Plans Base Bid 4 50 100 124 17,590.00 Hardsca e Plans Add Alt's 4 8 16 24 3,480.00 Hardsca e Plans Add Open Space) 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 Open Space) 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 Space) 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 Space) 2 8 12 24 2,960.00 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 Preparation 4 40 4 3,720.00 Add Alternative Specifications 2 40 2 3,360.00 In -House Quality Control 24 60 7,620.00 1st 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 BONITA CANYON PARK MCE HOURS AND FEE SCHEDULE 0 $110.00 $90.00 $80.00 $65.00 $50.00 DESIGN DEVELOPMENT Aerial Too Project I Project Engineer Lump I $8,600 $8,600.00 Principal I Manager I 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 $2,560.00 Conceptual Grading Plans 2 8 24 0 $2,860.00 $0.00 $0.00 2 12 32 1 24 1 0 1 $9,600 $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 $0 $63,000.00 BIDDING Respond to Contractor Questions 4 $360.00 Review Bids 4 1 $360.00 $0.00 0 8 0 1 0 0 $0 $720.00 CONSTRUCTION OBSERVATION Site Visits assume 4 4 4 $800.00 Review RFI's 4 4 $800.00 $0.00 8 8 0 1 0 0 $0 $1,600.00 Professional Fees Total $80,340.00 0 MCCCIVIL ENGINEERING CONSULTANTS - LAND SURVEYING May 3, 1999 Mr. Ric Vanderwood EPT Landscape Architecture 31872 Camino Capistrano San Juan Capistrano, CA 92675 Subject: Scope of Services (tad Revision) Bonita Canyon Park Newport Beach, CA Dear Ric: 1100 S. Coast Hwy., Suite 318 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 Topo 1.1 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. D \Proposals\Bonila Canyon Park \Bonita Canyon Scope Reviseda.doc 1i 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 (l 1) • 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) o Detail Sheets (2) 01ProposalslBonila Canyon Park\Bonita Canyon Scope Reviseda.doc 0 0 MCECIVIL ENGINEERING CONSULTANTS - - - LAND SURVEYING 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 (l) • 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) • Storm Drain Plan/Profile Sheets (2) ❑ Detail Sheet (1) 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. D:\Proposals\Bonita Canyon Park \Bonita Canyon Soope Reviseda.doc i • 6.0 On -site Hydrology 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 BFI'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 J hn Arvin, P.E. roject Manager 0aProposalsOonila Canyon ParkkSonita Canyon Scope Reviseda.doc BONITA CANYON PAM 0 RON YEO, ARCHITECT HOURS AND FEE SCHEDULE $110.00 $90.00 $90.00 $65.00 $50.00 40.0 •' Struct. I I Project I CAD I I Principal Engineer I Architect I Drafting Designer Clerical Totals $110.00 $90.00 $90.00 $65.00 $50.00 40.0 •' l go "MIFIRPS .: Professional Fees Total : ,, ,, 8/ E 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 1 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 (EPT's 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 BONITA CANYON PA* NMG HOURS AND FEE SCHEDULE 0 $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Princ/ 2 2 4 Draft /Typ Non - $638 Assoc I Project I Staff I Technician ing I Labor Totals $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Background Review 2 2 4 $638 Site Reconnaissance 1 3 $286 Field Investigation 4 14 $1500 $2,778 Laborator Testing $1,000 $1000 Geotechnical Ana] sis 3 8 16 $2,052 Report Preparation 2 8 8 8 $1,736 Meetings/Project Mana erne 2 2 $370 Design Total: 91 251 451 01 8 $2,5001 $8,860 CONSTRUCTION DOCUMENTS Estimate Remedial Quantities 2 6 16 6 $2,022 Review Bid S eicifications 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 Meetings 3 $255 Preparation of Addendums 1 3 2 $435 Bidding Total: 1 6 0 01 2 $0 $690 Professional Fees Total $12,762 NMG 0 0 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 constructi on 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. • • 99023 -01 April 6, 1999 PROPOSED SCOPE OF SERVICES Our scope of services has been divided into four areas of work, including: 1) 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. 0 • 99023 -01 April 6, 1999 c) Bid Specifications: We will review the bid specifications and provide input and comments as needed. 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 Associate Geologist TW /TM /je Distribution: (2) Addressee 3 990406.do Ted Miyake Principal Engineer 0 BONITA CANYON PARK 0 WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE $130.00 $90.00 $55.00 $50.00 DESIGN DEVELOPMENT Meeting with City 5 Project 0 0 0 $650.00 Principal 0 Marra er 3 Designer Clerical Totals $130.00 $90.00 $55.00 $50.00 DESIGN DEVELOPMENT Meeting with City 5 0 0 0 $650.00 Site visit 0 3 0 0 $270.00 Correspondence 0 1 0 1 $140.00 $0.00 S 4 0 1 $1,060.00 CONSTRUCTION DOCUMENTS Conduit & Wire Layout l 4 6 0 $820.00 Layout lighting 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 Patrol Schedules 1 2 l 0 $365.00 Restroom Budding Design 1 2 3 0 $475.00 Miscellaneous Details 0 1 2 0 $200.00 Coordination meetings 3 1 1 1 1 0 0 $480.00 Specifications l 2 0 2 $410.00 Plan Check Corrections l 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 $0.00 $0.00 14 0 22 0 26 3 $5,380.00 BIDDING Answer Bidders Questions 0 0 1 $230.00 $0.00 M20 $0.00 $0.00 0 0 0 1 $230.00 CONSTRUCTION OBSERVATION RFI's 0 2 0 1 $230.00 Review Submittals 0 2 0 l $230.00 Final Walkthrough 0 5 0 0 $450.00 Punchlist 1 2 0 1 $360.00 $0.00 (ALT Resiroom) 0 1 0 1 $140.00 (ALT Overlook Pathway) 0 1 0 0 $90.00 $0.00 $0.00 I 0 13 0 0 4 $1,500.00 Professional Fees Total $8,170.00 1� *WEST COAST DESIGN AOUP 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. � 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 BONITA CANYON PAIK RGI HOURS AND FEE SCHEDULE E $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 DESIGN DEVELOPMENT Kick -off Meeting with Client Project 3 CAD I 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 to Dry 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 1 3 1 1 $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 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 1 1 1 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 Visits 9 $630.00 Reviews & revisions 1 2 2 $290.00 Site & Inspection Certification 3 $210.00 $0.00 $0.00 0 16 2 2 0 0 $1,340.00 Professional Fees Total $7,520.00 0 0 SCOPE OF 5ERVICE5 (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 RGI to complete Its a5eigneel tasks. 2, 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 16 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 responslbllltlee are for Dry Utilities only (Power, Telephone, Gas, and CA'fV). SCOPE OF 5ERVICE5; 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. 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 piano 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 Constructlon purposes. 5. Prepare Special Provisions portion of Bid Documents and provide Client with Bid Items and Engineer's 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 responsibility, (Contiwcd) Page 1 • (Continued) C05T 5UMMARY: Page 2 Provide Construction related assistance; arrange and attend Pre - Construction Meeting with Contractor and Ory 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 Scope of Services in accordance with Industry accepted standards and within a time frame agreed upon between Client and RGI. Fees for Services will be on a'71rna and Material" basis not to exceed $7,520.00 without prior authorization from Client. Relmbureables 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 RGI'e Schedule of Fees is attached and is to be considered a part of this document, 5-11-1999 9 : 44AM FROM P. A POLICY NUMBER: IMA609571 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: BLANKET -- SCHEDULE ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. (REVISED 3/4/99/sl) NOTE: PRIMARY WORDING BELOW APPLIES WHEN REQUIRED BY CONTRACT When required by written contract with another person or organization, this insurance shall be primary and any other insurance carried by the aforementioned person or organization shall be considered excess and non- contributory. This endorsement does not apply to the products- completed operations hazard of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. rr, gn in 11 R; Coovrieht. Insurance Services Office, Inc., 1984 0 CERTIFIC*E OF LIABILITY IN Dealey, Renton & Associates P. O. Sox 10550 Santa Ana, CA 92711 -0550 714 427 -6810 EPT Landscape Architecture Inc 1214 E- Green Street Pasadena, CA 91106 B: INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOIWIlliSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM. INSPI TYPE OF INSURANCE POLICY NUMBER uCY EF EI�IRA ION LIMITS l GENERAL LIABILITY EACH OCCURRENCE 5 FIRE DAMAGE I" M. Ir.j 5 COMMERCat GENEAALLIABILITY CIMMS M4D�� OCCUR MED EJOe V111y ata person i PERSONAL &ADV INJURY S GENERAL AGGREGATE S (� PRODUCT_ S- COMP %OP AOG �` S A LPEA:i 7iPOLGCREGATE PRO- Ii MOBILE �4UTD�LIABILITY L �, ANY AUTO I II I COMBINED SINGLE LIMIT (Ea accldenq S ALL OWNED AUTOS SCHEDULEO AUTOS i i BODILY INJURY (Per persod) 5 - -_ HIRED AUTOS ANON -OWNED AUTOS J I i(Per ! 80DILY INJURY .w accident) rROPERTY DAMAGE 5 GARAGE LIABILITY I I AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO S ANY AUTO I I I ' 5 ILEKESS UABILfrY EACH OCCURRENCE AGGREGATE S —, OCCUR �' CLAIMS MAO J DEDUCTIBLE .RETENTION 5 i 5 _ S , A WORMRSCOMPENSATTONAND I EMPLOYERS LIABILITY 17CW21209506 1 09/01/98 I09 /01/99 4 ,FY `;X WC STATU.1 01" LIM IEL EACH ACCIDENT $1 000, 000 IE.L,OISEASB- EAEMPLOYE $1 000 000 i I E.I.OfSEASE- POLICY LIMI 11,000,000 I OTHER I I I � i DESCRIPTION OF OPERATIONS ILOCAiIONSIVEHICLESIEXCLUSIONS AODED BY EMOORSEMENTISPECIAL PROVISIONS Project: Bonita Canyon Park, Newport Beach, CA - Waiver of Subrogation applies per attached * 10 day notice of cancellation for nonpayment of premium City of Newport Beach Public Works Dept. - Utilities P.O. Box 1768 Newport Beach, CA 92658 -8915 ACORD25- S(7/Bgj #S9795/M7902 SHOUIDANYOFThEABOVE DESCRIBEDPOLICES BEOMOELIPD BEFOF?ETHE 01PIR ITION DATE THEREOF,THE ISSUING INSURER WILLENDEAVORTO MAIL -HTI* OAISWRITTEN NOTIETOTHE CERnCATE HOLDERNAMEOTOTHE LEFT BUTFNLLSETODOSO9H IMPOSE NOOBLIGATION OR LIABILITY OF ANYNINO UPON THE INSURERITSAGENTS OR 19 1988 boizo •,4 Hlnos VSG WV W01 3n,L 66 -1 [ -AVU MEMP @R • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA Ube information below is required only when this endorsement is issued subsequent to preparatior of the policy.) Endorsement Effective 09/01/1998 Policy No. 7CW 212095 -06 Endorsement No. Insured Premium EFT LANDSCAPE ARCHITECTURE, INC. i Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY Countersigned by SCHEDULE Person or Organization Job Description ANYONE FOR WHOM THE NAMED INSURED HAS AGREED TO FURNISH THIS WAIVER MINIMUM PREMIUM: $100 THE PREMIUM FOR THIS COVERAGE WILL $E DETERMINED AND BILLED AT AUDIT_ We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANCES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED_ WC 04 03 06 (Ed. 04 54) nn/Fn 'A Printed in U.S-A. HIROS dais WV 6"t 3nJ 66 -li -aw i May 24, 1999 MAY 24 CITY COUNCIL AGENDA APPROVED 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. CJ SUBJECT: Bonita Canyon Pa ontract No. 3270 — Approval of Professional ices Agreeement with EPT Landscape Arc!it May 24, 1999 Page: 2 RECOMMENDATION AND FUNDING: 0 $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 ul submitt� PU WORKS DEPARTMENT Don Webb, Director By. ce�w Michael J. Sinacori, P. E. Utilities Engineer Attachments: March 22, 1999, Council Report Professional Services Agreement with EPT Landscape Architects f: \users\pbw. shared \council \fy98.99May- 24\bonita canyon c- 3270.doc • mm mm • BONITA CANYON PARK EXHIBIT "B" • Fee Schedule EPT HOURS AND FEE SCHEDULE Principal Project Manager Team Captain Designer Clerical $130.00 $75.00 $65.00 $55.00 $50.00 MCE HOURS AND FEE SCHEDULE Design En veer/ Principal Project Manager Project Engineer ACRD Clerical $110.00 $90.00 $80.00 $65.00 $50.00 NMG HOURS AND FEE SCHEDULE Princ/ Assoc Project Staff Technician Draft /Typing $100.00 $85.00 $67.00 $62.00 $40.00 RGI HOURS AND FEE SCHEDULE Drafting Principal Project Manager Designer CAD Operator Technician Clerical $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 RON YEO, ARCHITECT HOURS AND FEE SCHEDULE Principal Struct. Engineer Project Architect CAD Drafting Designer Clerical $110.00 $90.00 $90.00 $65.00 $50.00 $40.00 WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE Principal Project Manager Designer Clerical $130.00 $90.00 $55.00 $50.00 May -11 -99 10 -35A LEATZOW & ASSOCIATES 630 858 0700 P -01 A6401110. . CERTIFICATE OF INWRANCE 199UE OATS (MM to DnIP a� _1 1 0-s/ 1 , IF +9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I.catyow & ASROCIates. 1rIC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 247 TirVar,L Avenue ra.x G i cn F I I,yu. 11. 60137 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Legion I115UraOCc COrrparlV INSURED COMPANY LETTER B I'P'I Lands:capc Arclli.LeCture. Jnc. CU Lt MfNNYC �.J1�1 IJG 1 114 L. Green Struut C1<111/�t� Su i tc 104 COMPAINYD `( �y t L'YSit Lie llD. (::, 111 106ja�j. COMPANY E LETTER COVERAGES THIS IS TO CERTIFY I HAI THE POLICIES OF INSURANCE LIS IEO BELOW HAVE BEEN ISSUED TO TIIE INSUI ;(Do I NDICATE P, NOTWITHSTANDING ANY REOUIHF MENT, TERM OR CONDITION OF ANY CUM MAC I Or( OTHEFI DuCUMLN 1 VVIIH RL6YtM "IO'WHICtI THIS CERTIFICATE MAY BE ISSUE OR MAY PERTAIN, THE INSURANCE AFFOr10F.D BY THE POLICIES DESCRIBED HEREIN 15 SUBJCCT TO ALI. TH(: IFIiM EXCLUSIONS AND CONDITIONS OF SUCI I PUL.ICIF S. LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID 01 AIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDU/vY) PATE /MMIOD/YV) LIMITS GENERAL LIABILITY GCNERAL AGGREGATE COMMERCIAL DFNFNAI I IAGILITY PRODUCT l COMPIOP AEG. j C.. AIMS MADE OCCUH. PERSONAL F AIIV INMIRY j OWNER S b GUN F HACTOR S PROT. DOI'.S NU7 APPLY CACH OCCURRENCE F FIRE DAMAGE IAny.— Idol $ MLD. FXPFNRF IAny m. Pm I, S AUTOMOBILE LIABILITY I�DMXINFII AIN[iLE ANY AUTO I IMI I S a L OWNCD AUTOS BODILY INJURY SCHEDULUD Au I OR IPm RardB01 j HIRFO AUTOS RDDILY INdtIRV NOMUWNtI %ntITOF IPB/ RcadBnll T GARAGC LIABRITY DOES NOT APPLY POOPEmy DAM.Ge j ExCESS LIABILITY FACM OCCURRCNCC g I IMORCLLA rORM pt5r5 RFGAo- S OI'HEH IMAN I1MOAfLLA FORM LIOIsS NOT APPLY WORKER'S COMPENSATION STATUTORY LIMITS FA(,:N ACGIOENT S AND L)OFS NOT APPLY DISEASE -.PUT ICY LIMIT ; EMPLOYERS' LIABILITY UIGCAGL -EACH EMPL<.IVHF j OTHER Profcssionol $L,000.000 eticli Lial;i 1 itp D115- 040199 08/11/911 08 /I 1/99 ClAirn A AP—P , rcKZLLe DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESISPECIAL ITEMS Kc: CERTIFICATE HOLDER CANCELLATION SHOUT D ANY Or IHE ABOVE UESCRIBED POLICIES OH CANCELL.rU BEFORE THI EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR Tl,) MAIL DAYS WRITTEN NOTICE TO TI IF CERTIFICAIL HOLDER NAMED TO 'IHt Ne.wporl, ilc.lch T'@' LEFT. Dur FAILURE IO MAIL S111:M NOTICE SHALL IMPOSE NO ON Ir.ATION VII llubiul I)U I) I I C WU1'k,4 Uc'Fl 1. . --L'l 1 I t L l C5 LIABILITY Or ANY KIND UPON Tiff- COMPANY. ITS AGENTS 0I1 REPRESrN I ATIVES 1 7 h S Kcwpc)r'1 LifaClt. CA 42658- 81,)i5 - —' AUTRORI PRE9EHTATIVE Le•L[ZUw A A9`;Oi;IHLen, InL Post -1[' Fax Note 7671 DnIP a� _1 1 Page x of E► Ll rP -1•'o- n "L Pro- e i/t 1 S e.. FBIYry`1- f -I�,�A -�j�71 ra.x InACORD CORPORATION tBR 5 -11 -1999 9:42AM FROM P. 2 ACORD_ CERTIFICA OF L1ABIL1TX DATE (MM DO YY) INSU ` C PT LA 1 05/11/99 PRODUCER Supple - Merrill 6 Driscoll Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers P. O. Box 2408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE - Pasadena CA 91102 COMPANY Phon.N.. 626- 795 -9921 F.ANO.liC #0517777 A General Star Indamnity Company INSURED COMPANY B COMPANY EPT Landscape Architecture C 1214 E Green 4104 Pasadena CA 91106 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW KAYE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEWOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUIWECTTO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR, TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE(MM/ODIYY) POUCYEXPIRATION DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 3 2,000,000 A X COMMERCIAL GENERAL LIABILITY IMA609571 05/2D/98 05/20/99 PRODUCTS - COMP/OPAGG 3 included CLAIMS MADE ❑OCCUR PERSONAL 6 ADV INJURY f 1 000 , OQO EACH OCCURRENCE 31,000,000 OWNER'S a CONTRACTOR'S PROT FIRE DAMAGE (Any on. am) MEDJT.R(Any on. P.n..1 A AUTOMOBILE LIABILITY ANY AUTO IMA609571 05/20/98 05/20/99 COMB(NE" SINGLE UWT BODILY INJURY (PW P.M.) rOO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (P.r.o.1;hI01) X HIRED AUTOS NOHOWHEO AUTOS PROPERTY DAMAGE S I 7 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT 3 AGGREGATE 3 EXCESS LIABILITY EACH OCCURRENCE f AGGREGATE 3 UMBRELLA FORM 3 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY W RYUMTS OTR EL EACH ACCIDENT S I, THE PROPRIETOw F7 INCL PARTNERWEXHCUTIVE EL DISEASE - POLICY LIMIT 3 ELOISEASE- EASMPLOYEE 3 OFFICERS ARE: ARE: EXCL OTHER I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESSPECIAL ITEMS * *its elected officials, officers, agents repp 3entatives and ��mm 1 yees. As respect Project 95 -515. Sae Attached (Ae3 Primary Wordingr%iver of Subrogation) CERTIFICATE HOLDER CANCELLATION NEWPRTB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach * * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Public Works Dept - Utilities P.O. Box 1678 BUT FAILURE TO MAIL SUCH-NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92658 -8915 OFA PON THEM PANY, ITS AGENTS OR REPRESENTATIVES. AUTNO QED REP S ACORD 25S (1 195) TT a ` ACORD CORPORATION 1988 5 -11 -1999 9:43AM FROM NOTEPAD• EPTLA -1 INSURED'S NAME EPT La d9capa Architecture.. OP ID JD CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER BLAN[CET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) - CG2010 11/85 ATTACHED INCLUDING PRIMARYINSURANCE WORDING. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, ENDORSEMENT k CG24 04 10/93, HAS BEEN REQUESTED, ENDORSEMENT TO FOLLOW FROM THE CARRIER. *STANDARD 10 DAY NOTICE AS RESPECTS NON - PAYMENT OF PREMIUM P. 3 PAGE 2 DATE 05/11/99 • • 0 0 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 aJandscape 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 0 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. 0 0 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 0 ,, �! «ri,��'11N `, �� .;,, ,�:.:� .:� �� . 0 0 • I a LM -.- e JFM! (. , t . R. 0 0 • 0 11 rjr ee [_ 0 a C 0 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 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- 0 0 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 • 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 -2- 0 0 0 (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- 0 0 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 0 Ell 0 0 responsible for the Contractor's 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- 9 0 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. 0 8. 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 'b 1] • 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 • • C� 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 E 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 E 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- 0 0 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 Is -12- C� n 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 0 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 -14- 0 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- 0 0 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 E -16- • 0 11 • • 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 E\ userstpbw \sharedtcontracts499tbor ita canyon park\ept agreement.doc -17- CITY OF NEWPORT BEACH A Municipal Corporation 0 Mayor City of Newport Beach i C..J 0 I A N I ) S C* A It t III I I 1 I I1 It I' I' I A N010 (, • It R If A N 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: Exhibit A 1) 1. S 1 G N 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 NICE - 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: r•p IN1APnIS: 12 idmr'J 11, 1'du JtnronJ, fit. • 1114 R.Chamh, - Nmd 1: r:ca,w . AI.mb,v II'. 11.41 .)1+;_ C..nun. C'yi)b.nr. \a11'9.n (:.7.il u.a:, (:A .:P75 11.1 Q40 rt'L ")J' IAN 041) -'4$-2S09 Mr. Mike Sinacori Re: Bonita C n Park • May 5, 1999 Page 2 II. East Sports Area • Base Bid Add Alternatives Parking lots Restroom near Overlook Restroom facility with storage Overlook Children's tot lot Associated walks and hardscape Picnic Area Four baseball fields Soccer fields Fencing West Sports Area Base Bi Add Alternatives Parking lot Tennis courts Restroom facility Basketball court Fencing Tot lot & seat wall Open turf play area 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 3. 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. • Mr. Mike Sinacor' Re: Bonita Cany ark • May 5, 1999 Page 3 0 B. Construction Documents EPT will provide 20 -scale plans (24 "x36" sheets) and specifications to obtain required 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 8. Prepare parking lot and driveway cuts plans 9. Prepare an on -site hydrology study 10. Prepare site electrical plans for parking lots, restrooms and pathway lighting 11. Prepare architectural plan for restroom buildings; this will include Isarchitectural, structural and plumbing systems 12. Provide plan for site power and telephones. 13. 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 0 Mr. Mike Sinac ri • Re: Bonita CajW Park May 5, 1999 Page 4 Summary of add alternatives approach: 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 Sinacor' Re: Bonita CanydWark ` 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 Richard H. Vanderwood, ]rA Principal 1] Mr. Mike Sinac i • Re: Bonita Ca *Park Exhibit B 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 $ 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 0 9 0 0 BONITA CANYOSPARK EPT HOURS AND FEE SCHEDULE $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City Project I Team I I I 1,080.00 Principal Manager Captain Designer Clerical Totals $130.00 $75.00 $65.00 $55.00 $50.00 DESIGN DEVELOPMENT Kick -off Meeting with City 4 4 4 1,080.00 Survey and Base Sheet Preparation 2 12 50 25 5,785.00 Research 8 600.00 Des. Dev. Open Space 8 24 32 16 5,800.00 City Review of Open Space 3 6 4 1,100.00 Project Manage t & Meetin s 8 40 16 6 5,380.00 25 94 106 41 6 19,745.00 CONSTRUCTION DOCUMENTS Hardsca 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 Space) 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 Open Space) 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 Space) 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 Space) 2 8 12 24 2,960.00 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 Preparation 4 40 4 3,720.00 Add Alternative S ecifications 2 40 2 3,360.00 In -House Quality Control 24 60 7,620.00 1st 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 3,45D.DD 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 11 0 0 BONITA CANYONWRK MCE HOURS AND FEE SCHEDULE $110.00 $90.00 $80.00 $65.00 $50.00 DESIGN DEVELOPMENT Aerial Too Project Projec[ Engineer I Lump $8,600.00 Principal Manager Engineer / ACAD Clerical Sum Totals $110.00 $90.00 $80.00 $65.00 $50.00 DESIGN DEVELOPMENT Aerial Too $8,600.00 Aerial Topo MacArthur Open Space $1,000.00 Base Mapping 0 4 8 24 N$8,61010 $2,560.00 Conceptual Grading Plans 2 8 24 0 $2,860.00 $0.00 $0.00 2 12 32 24 0 $9,600 $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) $1,5001 $1,500.0o Earthwork Caicuations 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 24 152 232 388 28 $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 4 1 1 1 $800.00 Review RF1's 4 4 $800.00 $0.00 8 8 0 0 0 1 $0 $1,600.00 Professional Fees Total $80,340.00 CE ULTAN TS May 3, 1999 P Mr. Ric Vanderwood EPT Landscape Architecture 31872 Camino Capistrano San Juan Capistrano, CA 92675 Subject: Scope of Services (2 "d Revision) Bonita Canyon Park Newport Beach, CA Dear Ric: 1100 S. Coast Hwy., Suite 318 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 Topo 1.1 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 Maiming 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 Plan s 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. DAProposals%Bonila Canyon PaMBonila Canyon scope Reviseda.doc • 0 CIVIL ENGINEERING :-.LAND SURVEYING,: 1100 S. Coast Hwy., Suite 318 Laguna Beach, CA 92651 phone: 949.376.6407 4.0 Construction Documents 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 (I 1) • 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) i4.3 Domestic Water and Reclaimed Water Plans 11 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) DIProposalslaonita Canyon Park0onita Canyon Scope Reviseda.doc MCECIVIL ENGINEERING `.. _ eotvsu�ralvrs - LAND SURVEYING: 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 0 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 1W hydrology report is available and will not need to be updated. • Notes Sheet (1) • Storm Drain Plan/Profile Sheets (2) • Detail Sheet (1) 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. 0 DAProposals \Bonita Canyon PanctBonila Canyon Soope Reviseda.doc 0 • I ] 6 0 On -site Hydrology 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 Meetines 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 Biddine Answer contractor questions and review bids. 12.0 Construction Observation MCE will review and respond to BFI'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 �I YYrY„\ J hn Arvin, P.E. reject Manager DAProposalslBonita Canyon Park%Bonita Canyon Scope Reviseda.doc BONITA RON YEO, ARK a CT HOURS AND FEE SCHEDULE $110.00 $90.00 $90.00 $65.00 $50.00 40.0 Struct. Project I CAD I I Principal I Engineer Architect Drafting Designer Clerical Totals $110.00 $90.00 $90.00 $65.00 $50.00 40.0 1 J my asses t t ssiss�s® . 1 J y 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 1 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 (EPT's 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. 0 BONITA NMG HOURS AND FEE SCHEDULE $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Princ/ 2 2 4 Draft /Typ Non - $638 Assoc Project Staff Technician ing Labor Totals $100.00 $85.00 $67.00 $62.00 $40.00 DESIGN DEVELOPMENT Background Review 2 2 4 $638 Site Reconnaissance 1 3 $286 Field Investigation 4 14 $1,5 $2,778 Laboratory Testing $1,000 $1000 Geotechnical Analysis 3 8 16 $2A Report Preparation 2 8 8 8 $1736 Meetings/Project Managemel 2 2 1 $370 Design Total: 9 25 45 0 8 $2,500 $8,860 CONSTRUCTION DOCUMENTS Estimate Remedial Quantities 2 6 16 6 $2,022 Review Bid S eicifications 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 Meetings 3 $255 Preparation of Addendums 1 3 2 $435 Bidding: Total: 1 61 01 2 $0 $690 Professional Fees Total $12,762 NMG • Geotechnical, Inc. 0 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 E • 99023 -01 April 6, 1999 PROPOSED SCOPE OF SERVICES Our scope of services has been divided into four areas of work, including: 1) 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 M406.d. • • 99023 -01 April G, 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 tL J 3 990006.do 0 0 `J 0 BONITA CANYON PARK 0 WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE $130.00 $90.00 $55.00 $50.00 Project I Principal Manager Designer Clerical Totals $130.00 $90.00 $55.00 $50.00 TES WEST COAST DESI0 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. 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 0 0 0 0 BONITA RGI HOURS AND FEE SCHEDULE 0 $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 DESIGN DEVELOPMENT Kick -off Meeting with Client Project 3 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 to Dry 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 platis & 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 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/ En ineefs Estimate 3 1 1 1 1 4 1 $330.00 $0.00 $0.00 0 13 4 8 3 13 $2,060.00 CONSTRUCTION OBSERVATION Attend Pre <onstruction Mt g. 3 $210.00 Site Visits 9 $630.00 Reviews & revisions 1 2 2 $290.00 Site & Inspection Certification 3 $210.00 $0.00 $0.00 0 1 16 1 2 1 2 1 0 0 $1,340.00 Professional Fees Total $7,520.00 0 0 0 SCOPE OF SERVICE5 (Community Park East and West - Bonita Village) UNDERSTANDINGS: 1, It is understood that Client will provide RGI with all necessary Improvement Plans and Base Maps to enable RGI to complete Its assigned tasks. 2. It Is undarstood 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 resporlslbllltles arc for Dry Utilities only (Power, Telephone, Gas, and CATV). SCOPE OF SERVICES: 1. Meet with Client and members of Project Team to cetablish timing, priorities and schedule for Dry Utility activity as it relates to this portion of the overall Project. • 2. Prepare Concaptual 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 represcntative. 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 Civirs 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 responsibility. (Continued) Page 1 a 0 0 (Continued) Page 2 C05T SUMMARY: Provide Construction related assistance; arrange and attend Pre - Construction Meeting with Contractor and Dry Utlllty Inspectors, make field observations to ensure utility agency requirements are being met and observed, monitor Construction procese to ensure that meters are ect and cabling activity coincides with Contractor's schedule. RGI will perform the above Scope of 5ervlces in accordance with industry accepted standards and within a time frame agreed upon betweon Client and RGL Fees for Services will be on a' Tlme and Material" basis not to exceed $7,520.00 without prior authorization from Client. Felmbursables 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 FGI's Schedule of Fees is attached and is to be considered a part of this document, �Mn i . BONITA CANYON PARK • Fee Schedule 0 EPT HOURS AND FEE SCHEDULE Principal $130.00 NICE HOURS Principal $110.00 Project Manager Team Captain Designer $75.00 $65.00 $55.0( ,ND FEE SCHEDULE Design Engineer/ Project Manager Project Engineer ACAD $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 Clerical $50.00 Clerical $50.00 Draft /Typing $40.00 Principal Project Manager Designer CAD Operator $80.00 $70.00 $60.00 $50.00 RON YEO, ARCHITECT HOURS AND FEE SCHEDULE Principal Struct. Engineer Project Architect CAD Drafting $110.00 $90.00 $90.00 $65.00 WEST COAST DESIGN GROUP HOURS AND FEE SCHEDULE Principal Project Manager $130.00 $90.00 9 Drafting Technician $40.00 Designer $50.00 Designer $55.00 LXHIBII 'B" Clerical $30.00 Clerical $40.00 Clerical $50.00 Item No. SS2 March 22, 7999 ` • 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 - 61 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. 0 0 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. 0 • 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 Cl. and C2. Original full park program design for East and West Sports Areas • 2 \� /� r ©< © a. _� � »>9� � . .�&.sue: � � A � • Ll • E • 7^ M1y Uz O i� it • 7^ M1y Uz O i� m ZIP al / \\ /`� \\ � � � ©� \ �� � r } \ /W, \, \ \jd0b} 0 • • • • i� 71-1 zz LLJ u z LLI C- U" Z • v -7 (PC - q 40c - gD�S ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Newport Beach, a municipal corporation and charter City, whose address is 3300 Newport Boulevard, Newport Beach, California, 92663, ( "Owner "); and Castello Inc., whose address is 457 Corporate Drive, Escondido, CA 92029, ( "Contractor"); and Rancho Santa Fe Bank, whose address is 200 West Grand Avenue, Escondido, CA 92026, ( "Escrow Agent. "). For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for Contract No. 3270, Bonita Canyon Sports Park, in the amount of six million two hundred seventy -six thousand and no /100 dollars ($6,276,000), dated May 9, 2000, ( "Contract "). Alternatively, on written request of the Contractor, the Owner shall make payments on the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be -held in the name of the City of Newport Beach, and shall designate the Contractor as the beneficial owner. Securities eligible for deposit under this Escrow Agreement are those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed. to in writing by Contractor and the Owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the Parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. 1 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (6) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: Public Works Director Title Don bb e d y� u re 3300 Newport Blvd. Address Newport Beach CA 92663 City /State /Zip 2 On behalf of Contractor: President Title Morey Rahimi Name r 1 _1Z/ ignatur 457 Corporate Drive Address Escondido, CA 92029 -1507 City /State /Zip On behalf of Escrow Agent: Vice President Title PO Box 421 Address Escondido CA 92033 City /State /Zip At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Administrative Services Director Title Dennis C. Danner Name r I gnature 3 Contractor: President Title Morey Rahimi Name ignatur