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HomeMy WebLinkAboutCC 3 PARK TRACT 12345 12-15-86DATE: DEC£HBER 9, 1986 CONSENT CALENDAR NO. 3 12]15~86 Inter Cpm TO: WILLIAM A. HUSTON, CITY HANAGER FROM: COMMUNITY SERYICES DEPARTHENT SUBJECT: AGREE'lqENT FOR DESIGN OF NEIGHBORHOOD PARK TRACT #12345 RECOMMENDATION: To authorize the attached agreement for professional services with the FORMA Corporation of Newport Beach to complete park design, bid documents, and specifications for a 4.25 acre neighborhood park site in East Tustin Tract #12345. The cost of services shall not exceed 550,000. RACKGROUND: At its May 5, 1986, meeting, City Council executed an aqreement with The Irvine Company to develop a 4.25 acre neighborhood park site in East Tustin Phase I Residential. According to the terms of the Agreement, fundinq for the construction of the park will be provided by the Company and will be credited in future New Construction Tax fees. In September, staff interviewed several landscape architectural and design firms and selected the FORMA Corporation of Newport Reach. Services included are conceptual design of the park and the completion of construction and bid documents. The attached agreement has been approved by the City Attorney. When the design is complete, the Council will have an opportunity to review the specifications. Susan M. Jones Recreation Superintendent RAW:SMJ:sk Attachment Royleen A. White, Director Community A Administrative Services THIS AGREEMENT, made and entered into, to be effective this day of , 198___, by and between the CITY OF TUSTIN, hereinafter referred to as "City", and FORMA, located at 190 Newport Center Drive, Newport Beach, CA 92660, herein- after referred to as "Consultant". WHEREAS, City desires consultant services in connection with landscape architectural and related park planning services for the Tustin Phase I Park Site (Lot 6 of Tract 12345) located in City (hereinafter the "Park Site); and WHEREAS, Consultant is qualified to provide the necessary professional landscape architectural and related park planning services for the Park Site, and has agreed to provide such ser- vices; and WHEREAS, Consultant has submitted to City a proposal, dated November 4, 1986, a copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set forth in full hereat (hereinafter referred to as the "Proposal"). NOW, THEREFORE, in consideration of the promises and mutual benefits which will result to the parties in carrying out the terms of this Agreement, City agrees to employ and does hereby employ Consultant to provide consulting services as follows: ~fict i~l~_~: ~9]~_~f_Co~u~t a~t_~e~]/~c~ s. Consultant agrees to furnish to City necessary professional landscape archi- tectural and related park planning services to accomplish those tasks outlined in the Proposal for landscape architectural and park planning services for the Park Site. A. Consultant is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, speci- fications, reports and other services. B. City's approval of drawings, designs, specifications, reports and incidental work and materials furnished hereunder, shall not in any way relieve Consultant of responsibility for technical accuracy of its work. City's review, approval, accep- tance or payment for any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Consultant shall be, and shall remain, liable in accor- dance with applicable law, for all damages to City caused by Consultant's negligent performance of any of the services fur- nished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the City, City- furnished data, or any third party. Consultant shall not be responsible for any time delays in the Project caused by circum- stances beyond Consultant's control. D. Consultant's obligations under this Section are in addition to Consultant's other express or implied assurances under this Agreement or state law, and in no way diminish any other rights that City may have against Consultant for faulty materials, equipment or work. ~t~9~]_3: $~s~oDsi~;il~tx_Rf_Citx. City agrees to fur- nish to Consultant accurate base maps and reference plans that indicate proposed grades, road alignments, paved widths, building locations, utilities and easement locations, and other data as may be required by Consultant. ~ecti~D_4: Cg~os~ti~D. Compensation for landscape architectural and park planning services shall be paid by City to Consultant as follows: A. Phase I - Conceptual Design Phase . $ 13,500.00 B. Phase II - Construction Documents $ 32,800.00 TOTAL COMPENSATION $ 46,300.00 A. Consultant shall submit monthly statements requesting payment for those items included in the Proposal. Such requests shall be based upon the amount and value of the work and services performed by Consultant under this Agreement, and shall be pre- pared by Consultant and accompanied by such supporting data, including a detailed breakdown of all costs incurred and all tasks performed during the period covered by the statement, as may be required by City. Upon approval of such payment request by City, payment shall be made to Consultant as soon as practicable of 100% of the invoiced amount provided, however, that if City determines that the work under this Agreement or any specified task hereunder is incomplete, the amount or payment is in excess of the amount considered by City's Director of Finance to be adequate for the protection of City, he may, at his discretion, retain an amount not to exceed ten percent (10%) of such payment request. B. If fees are not paid within sixty (60)'days, a charge of four percent (4%) will be added by Consultant on the unpaid amount and interest shall be added at one and one-half percent (1 1/2%) per month from due date of invoice. C. Upon satisfactory completion by Consultant of the work called for under the terms of this Agreement, and upon acceptance of such work by City, Consultant will be paid the unpaid balance of any money due for such work, including any retained percen- tages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder, and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agree- ment, and as a condition precedent thereto, Consultant shall execute and deliver to City a release of all claims against City arising under or by virtue of this Agreement other than the such claims, if any, as may be specifically exempted by Consultant from the operation of the release in stated amounts to be set forth therein. A. Any sub-contractors and outside associates or sub- consultants required by Consultant in connection with the ser- vices covered by this Agreement will be limited to such indivi- duals or firms as are specifically approved by City during the performance of this Agreement. Any substitution in such sub- contractors, associates or sub-consultants will be subject to the prior written approval of City. B. It is expressly understood that in the event Consultant does require expertise in other fields, no portion of the work shall be assigned or subcontracted without the prior written approval of City. ~ect~oD_~: C]~g~s. In the event of a change in the scope of work provided for in the Proposal and this Agreement, requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of the new Agreement, including but not limited to any additional Consultant's fees. ~e~;i~D_8: TD~litlf. Consultant shall perform all services required under this Agreement in a careful, diligent and professional manner and shall be responsible for all errors and omissions in connection with the services performed by Consultant under the terms of this Agreement, and Consultant shall defend, indemnify and save harmless City and its officers and employees thereof from all claims, suits, or other actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including but not limited to workmen in the public, or damage to property resulting from the services rendered under this Agreement, or resulting on account of any passive or active negligent act or omission by City, its of- ficers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of City and its officers, employees and agents. The defense and indemnification by Consultant shall include all costs and expenses, including attorneys' fees, in- curred by City or its employees, officers or agents with respect to such claim, suit or action of every name. Consultant shall, if requested by City, defend any litigation arising out of such claim at the sole cost and expense of Consultant. In addition to any remedy authorized by law, so much of the money due Consultant under and by virtue of this Agreement as shall be considered necessary, in the sole discretion of City, may be retained by City until disposition has been made of such claim or claims for damages as aforesaid. ~e~i~O_~: ~o~e~D~D~_~O~r. The legal relation- ship between the parties hereto is that of an independent con- tractor and nothing herein shall be deemed to make Consultant and/or any of its agents, servants or employees an employee or agent of City. ~tigD_lO.- ~i~%X. In the event that City releases or displays materials prepared by Consultant to third parties containing such materials as photographs, drawings, graphic pre- sentations and designs shall be credited for said work. Consul- tant shall have the right to display the firm name and address in a prominent location of the Park Site during the period of con- st r uct i on. ~t~oD_].l: Xe~]~ig~. Services may be terminated at any time upon written notification by either party, with fees payable to date of termination and in accordance with services rendered and work completed. In the event of termination or suspension of services or abandonment of the Project, payment shall be made to Consultant for al/ services performed to the date of termination. ~9~t~gn_l~: Q]~]e~sb~_~£_D~en~s. Upon termination or completion of the work under this Agreement, Consultant agrees to furnish to City copies of all memoranda, correspondence, computa- tion and study materials in its files pertaining to the work described in this Agreement which City requests. City agrees to hold Consultant harmless against losses and damages and costs arising out of any reuse or 'change of said documents by City without written authorization. ~e~i~]_13: ~9~e~]~. Consultant certifies, by the execution of this Agreement, that it pays employees not less than the minimum wage as defined by law, and it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimi- nation in employment; and it agrees to demonstrate positively and agressively the principles of equal opportunity in employment. ~e~t~9~_].4: ~t~;gr~]exs'__Fe~s. If any action at iaw or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. ~ti9~]_15: ]~x~tign. Both City and Consultant do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. ~e~igB_l~: ~i~]~]iB~r~e~eB~- The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, and succes- sors and assigns with respect to the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed in the name' of City, by its officers thereunto duly authorized, and Consultant, as of the day and year first above written. "CITY" CITY OP TUSTIN By Mayor ATTEST: City Clerk APPROVED AS TO FORM: 'JA~S G. aOU__aK~' .... Ot- - "CONSULTANT" (C14) FORMA By. By. Principal Principal November ~,, 1986 Ms. Susaft M. Jones Recreation Superintendent CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 RE: Tustin Phase I Park Dear Susan: Subject: Proposal for Landscape Architectural and Park Planning Services We are pleased to submit this Proposal for Professional Landscape Architectural and related park planning services for your Tustin Phase Park site. Our proposal reflects the work program outlined in the City's Request for Proposal dated August 7, 1986 and FORMA's proposal dated August 29, 1986. This proposal has been prepared in contract form to assist you in Initiating our services. If this proposal meats with your approval, please sign in the space provided belo~ and return a copy to us. This shall formally Initiate our services. BACKGROUND: As a part of a new residential project area, the City of Tustin wishes to develop a ~.25 acre park to serve the neighborhood. (See Lot 6 in Tract map #123q5.) This land has been dedicated by the developer as part of its requirements under Tustin Ordinance No. 921. "- The park will be bordered by a condominium project on the north. Across the street on the east will be an apartment complex and across the street on the west and south will be single family detached homes. At the present time, the land is not developed. Upon acceptance of dedication, the ~.25 acre park site will be rough graded, free of obvious rock or construction by-product material with the following public Improvements provided by the developer: full street Improvements along El Camino Real and Park Center Lane Including but not limited to curb, gutter, sidewalk, street lighting and signing; public utility laterals, including water, electricity, sewer, storm drain, natural gas, and telephone -- installed to the property line. 190 Newport Center Drive, Upper C,31lerv, NewDort Beach, California 92660 (714) 644-8001 EXHIBIT "A" PROJECT SCOPE: This project will include basic design concept, bid documents, and subsequent construction drawings for the development of a neighborhood park. The Consultant will be expected to work with the City staff in the development of the park plan. The park Improvements desired include: A. Restrooms B. Open mounded space C. Softball/Soccer multi-purpose field D. Tot lot E. School-age play area F. Seating G. Multi-purpose court H. Drinking fountain I. Picnic area J. Landscaping K. Trees L. Irrigation M. Walkways with lighting N. Security lighting O. Turf All of the above are desirable amenities; however, all may not "fit" onto the site aesthetically. This is an issue, for the design team to handle. Construction administration may be Included in the project, but list as an option. SCOPE OF WORK PHASE I: CONCEPTUAL DESIGN PHASE Purpose: To synthesize background data to determine key Issues, evaluate opportunities and constraints, formulate a park program and conceptual design. Tasks: A. Orientation/Briefir~ with City Staff Team Members 1. Establish Project Objectives and Park Program 2. Identify Community/Neighborhood Issues 3. Outline City Goals and Review Process 4. Confirm Schedule B. Evaluate/Synthesize Existincd Data Base Such As: 1. Neighborhood Plan for East Tustin 2, Utilities and Infrastructure 3. East Tustin Landscape Concept Plan Off-Site Influences 5. Tustin Parks Recreation Master Plan Elements 6. Easements and Jurisdictional Encumbrances 7. Potential Trail and Walk Connections Enc~ineerinc~ Analysis: 1. Prepare Base Map D. Architectural Analysis (Custom architectural buildings or features are not included in this scope of work, however, a comparative analysis of modular restroom buildings with custom restroom buildings will be provided to the City for the purposes of determining an appropriate restroom building.} 1. Prepare a comparative analysis of modular and custom restroom buildings. E. Schematic Design Exhibits: 1. Summarize Important Issues (in memorandum format) 2. Prepare a Schematic Exhibit which would Include: 0 0 0 0 Opportunities and Constraints Issues; Park/Recreation Issues; Technical Engineering Issues; and Schematic Park Layout (alternative) F. Meet with City Team: 1. Review Findings and Confirm Approach G. Prepare Preliminary Plan and Details Which Would Include: 1. Grading and Drainage Scheme 2. Landscape Scheme 3. Recreation Facilities Layout Architectural Elements Defined 5. Plazas, Walks and Trails Defined 6. Estimate of Probable Construction Cost H. Adjust Final Plan for Distribution to City Council Present Plan to City Council and Plannincj Commission (if Rec~uired} PHASE I1: CONSTRUCTION DOCUMENTS Purpose: Based upon approval of the Preliminary Design Plan to prepare working drawings, specification and estimate of probable construction costs. Tasks: A® Prepare and Submit to City (50%) PrOc. lress Construction Documentation Pac kacjle: 1. Landscape Architecture 2. Civil Engineering 3. Electrical Engineering 4. Architecture (This proposal reflects the use of a modular restroom building; if a custom building is required, the scope of work and fee must be re-evaluated to include architectural services.) B. Meet with the City Staff to Review Comments: Prepare and Submit Final (100%) Construction Documen.ts for Approval D. Prepare a Final Estimate of Probable Construction Costs PHASE II1: AGENCY REVIEW, BIDDING AND CONSTRUCTION ADMINISTRATION Tasks: Re Assist City in Obtaining Required Approvals from A~jencies that may have Jurisdiction. B. Bidding Assistance/Contracts Selection 1. Assist the City during bidding and in the selection of a final contract. C. Construction Observation 1. Provide onsite construction reviews. D. Materials/Testing Approval 1. Review of as-builts and material supplies. E. Annual Operations/Maintenance Review. FEE: Phase I - Conceptual Design. Phase Phase II -Construction Documents $13,500 $32,800* $q6,300 Phase III - Agency Review, Bidding and Construction Administration Note: Hourly upon request 1.* e The fees for Phase II are based on the proposed park amenities as described herein and on a construction budget which shall not exceed SAS0,000. This estimate does not include public workshops, or presentations to civic organizations. Cordially, Ti tie: · ASIA Da te: RTH/dcb Reference Attacfment A