Contract - Landscape - 2005-06-27 • •
PROFESSIONAL SERVICES AGREEMENT FOR
COSTA MESA SANITARY DISTRICT LANDSCAPE ARCHITECTURAL SERVICES
FOR
628 WEST 19TH STREET DISTRICT HEADQUARTERS
THIS AGREEMENT is made and entered into this 27th day of June 2005 by and between the
COSTA MESA SANITARY DISTRICT a California Sanitary District, hereinafter referred to as
'DISTRICT and Principal Architect Peter Weisbrod dba Land Architecture hereinafter referred to
as 'CONSULTANT'
WITNESSETH
WHEREAS, the CONSULTANT is a professional landscape architectural company
composed of licensed architects; and is knowledgeable and competent to perform the services
described in this AGREEMENT and
WHEREAS, the DISTRICT desires to hire the services of CONSULTANT to perform
substantial immediate work to provide landscape architect services required for exterior DISTRICT
Headquarters improvements to the existing landscape surrounding the 4,200 square foot office
building located at 628 West 19th Street, City of Costa Mesa, CA 92627 and
WHEREAS, the public s interest is best served by waiving the qualification selection based
process to select a landscape architect and due to the time needed to prepare an accurate site plan
with property lines, building location, hardscape, streets and curbs, topography and other
information affecting landscape design, meet with District Staff, review the existing site plans, and
prepare a proposal, thereby causing a delay to the District's schedule, the District awards this
Agreement directly to CONSULTANT
NOW THEREFORE, the parties agree as follows:
1 Scope of the Work
CONSULTANT shall perform all the professional services specified in Exhibit A and as
clarified herein.
a. PRELIMINARY DESIGN PHASE.
a. Site visit to review existing conditions relationship to neighboring properties.
b. Prepare preliminary landscape plan showing all new design elements such as
fencing, possible modifications to hardscape and planting concept. Work
includes preparation of base sheet based on site plan CONSULTANT generates.
DISTRICT shall provide existing documents for CONSULTANT use.
c. Present plan for discussion. CONSULTANT shall support design
recommendations based on experience and cost.
i. For example, recommendations for xeriscaping or artificial turf or
natural turf shall be based on overall cost and projected lifespans.
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d. Modify plan, if necessary to become the basis for construction drawings.
b. CONSTRUCTION DRAWINGS PHASE.
a. Prepare landscape planting plan with legend, soil notes and details. This plan
includes all necessary information for hardscape modification and fencing.
b. CONSULTANT will follow up on all governmental comments pertaining to
landscape architecture under this agreement.
c. CONSTRUCTION OBSERVATION
a. Visit construction site to observe landscape construction in progress.
b. Follow up with comments (punch list).
d. FINAL SI FE PLAN DELIVERABLE DOCUMENTATION
a. CONSULTANT shall deliver three final sets of site plans and construction
drawings to the DISTRICT upon completion of this service agreement. The final
sets of site plans and construction drawings shall meet the following
requirements:
i. Accurate site plans and construction plans shall include measurements
for all of the following:
1 Property lines,
2. Building location,
3 Hardscape,
4 Streets and curbs,
5 Topography and
6. Other information affecting landscape design.
ii. DISTRICT shall provide initial working base site plan and shall
incorporate CONSULTANT field measurements into the base plan
using an AutoCAD program. CONSULTANT shall use this initial base
plan to make all future changes for site plans and construction drawings.
iii. CONSULTANT shall take field measurements and include these
elements on CONSULTANT generated base sheets and final site plans
and construction drawings.
e. GENERAL.
a. DISTRICT shall pay all plan checks, permits and other construction fees as
applicable.
b. CONSULTANT shall bill DISTRICT for plotting, blueprinting, and postage at
cost plus 10% A set of plans is estimated to range in cost form $20.00 to
$30.00.
c. Exhibit A Indemnification Statement is deleted and replaced with paragraph 13
of this agreement.
f. DISTRICT shall make available technical advisors who may contribute important
information pertaining to the DISTRICT requirements. DISTRICT designates the
DISTRICT Staff as liaison representatives to interface with CONSULTANT
2. Services Provided
CONSULTANT shall provide all labor, supervision and equipment required to perform said
landscape architectural services. CONSULTANT shall produce sets of plans including a site plan
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with recommendations signed and bearing the seal of a licensed architect. CONSULTANT is not
responsible for
a. Construction of landscape improvements.
b. Agronomic soil testing.
c. Changes to landscape plans caused by architectural site plan changes after
commencement of work.
d. Delivery of more than three final sets of site plans and construction drawings,
without additional charge of cost plus 10% and as directed by the DISTRICT
3 Supplies and Equipment
CONSULTANT agrees to furnish the necessary equipment associated with
CONSULTANT's services.
4 Compensation
CONSULTANT shall be paid according to the following fee schedule:
a. PRELIMINARY DESIGN PHASE. $1800.00
b. CONSTRUCTION DRAWINGS PHASE. $1900.00
c. CONSTRUCTION OBSERVATION $130.00/hour not to exceed $1560.00
d. FINAL SITE PLAN DELIVERABLE DOCUMENTATION. $580.00
a. Three complete sets of Blueprints
(base plans, site plan, construction drawings) $110.00
e. CONSULTANT shall invoice the DISTRICT directly DISTRICT shall make progress
payments to CONSULTANT as follows:
a. DISTRICT shall pay 90% of invoice value for satisfactory completion of Phases
describe in Scope of Work upon receipt of invoice from CONSULTANT
b. DISTRICT shall pay balance of remaining invoices upon satisfactory
completion of all agreement service.
f. Total Fee for CONSULTANT services shall not exceed $6,000.00
5 Business License
CONSULTANT shall, have a valid business license for the jurisdiction in which it conducts
business.
6. Independent CONSULTANT
The parties agree that CONSULTANT is an independent CONSULTANT who is being
paid to produce a result. CONSULTANT is in no way an employee of the DISTRICT
CONSULTANT controls the means of accomplishing the work. CONSULTANT shall pay all
Federal and State payroll taxes for employees of CONSULTANT and said employees shall in no
way be deemed or construed to be employees of the DISTRICT for any purpose.
7 Term
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a. CONSULTANT shall complete PRELIMINARY DESIGN PHASE and submit
associated plans to the DISTRICT by August 8 2005.
b. CONSULTANT shall complete CONSTRUCTION DRAWINGS PHASE and submit
associated drawings to the DISTRICT by August 312005
c. CONSULTANT shall complete and deliver FINAL SITE PLAN DELIVERABLE
DOCUMENTATION to the DISTRICT by September 30 2005
This AGREEMENT shall terminate on October 31 2005 following completion of DISTRICT
implemented recommendations, unless all services have not been provided, in which case it will
renew on a monthly basis unless terminated.
8. Assignment
No assignment of this AGREEMENT may be made without the express written consent of
the DISTRICT
9 Termination
Either party shall have the right to terminate this AGREEMENT at a date earlier than
specified in paragraph 7 without cause, by giving 10 days written notice.
10. Notice
The parties may give notice under this AGREEMENT by sending such notice certified mail
addressed as follows:
TO DISTRICT COSTA MESA SANITARY DISTRICT
Attn: Joan Revak, Clerk of the District
628 West 19th St
Costa Mesa, CA 92628
Voice: 949-645-8400, x223
FAX. 949-650-2253
TO CONSULTANT LAND ARCHITECTURE
Attn. Peter Weisbrod
1620 Thurston Drive
Laguna Beach, CA 92651
Voice: 949-497 7507
FAX. 949-497 7507
Such notice shall be deemed received five (5) days after mailing whether signed for or not.
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11 Integration
This AGREEMENT constitutes the entire AGREEMENT and understanding between the
parties hereto, and it shall not be considered modified, altered, changed or amended in any respect
unless in writing and signed by the parties hereto. In the event of a conflict with any Exhibit hereto,
the main provisions of this Agreement shall control.
12. No Waiver
The failure of the District at the time to require performance by the CONSULTANT of any
provisions hereof shall in no way affect the right of the District thereafter to enforce same. Nor
shall waiver by the District of any breach of any provisions hereof be taken or held to be a waiver of
any succeeding breach of such provision or as a waiver of any provision itself.
13. Indemnity
When the law establishes a professional standard of care for CONSULTANT's Services,
to the fullest extent permitted by law CONSULTANT shall indemnify protect, defend and hold
harmless DISTRICT and any and all of its officials, employees and agents ("Indemnified
Parties') from and against the losses, liabilities, damages, costs and expenses, including
attorney's fees and costs to the extent same are caused in whole or in part by any negligent or
wrongful act, error or omission of CONSULTANT its officers, agents, employees or
subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability
thereof) in the performance of professional services under this Agreement.
14 Insurance. CONSULTANT shall be required to have and maintain automobile
insurance meeting State of California requirements.
15 Attorney's Fees
The parties agree that should any dispute arise concerning the interpretation of this
AGREEMENT or regarding the performance or non-performance of this AGREEMENT that the
prevailing party shall be entitled to reasonable attorneys fees.
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WITNESS WHEREOF the parties hereto have set their hands and seals the day and year
first above written.
COSTA MESA SANITARY DISTRICT
BYIiAS ') C
Q.ident
By P- .
Secretary
CONSULTANT
By. 6 -I- g-•
9 P o-i c4`t 4 i
Title:
APPROVED AS TO FORM
ALAN BURNS
LEGAL CO L
By
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FROM Land Rrckitecture • FAX NO. 949-497-7507 •y. 23 2005 01 52PM P1
Land Architecture
May 23 2005
Thomas Fauth
Costa Mesa Sanitary District
628 W 19th Street
Costa Mesa, CA 92527 2718
Dear Torn,
It was a pleasure meeting with you this morning and, as discussed, I propose the following professional
landscape architectural services for your facility at above address Our proposal is based on our
discussions, review of the site plan. and our experience in numerous similar projects
Professional Services
I. Preliminary Design Phase
1 Site visit to review existing conditions relationship to neighboring properties.
2 Prepare preliminary landscape plan showing all new design elements such as fencing,
possible modifications to hardscape. and planting concept Work includes preparation of
base sheet based on site plan received from you
3 Present plan for discussion.
4 Modify plan, if necessary to become basis for construction drawing
11. Construction Drawings Phase
Prepare landscape planting plan with legend, soil notes, and details This plan includes
all necessary information for hardscape modification and fencing
2 Land Architecture will follow up on all governmental comments pertaining to landscape
architecture under this agreement.
Ill Construction Observation (f so desired and approved in writing)
1 Visit construction site to observe landscape construction in progress
2 Follow up with comments (punch list)
Exclusions
Items not covered in scope of work
l Agronomic soil testing.
2 Changes to landscape plans caused by architectural site plan changes after
commencement of work
5 Blueprinting and shipping
6 Governmental submittals and plan checking fees
Professional Fee
Fee for preliminary design phase shall be 51.300.
2 Fee for construction documents phase shall be 51,900.
1620 THURSTON DRIVE LACUNA BEACH, CA 92631 TEUFAX(949/497.7507 EX rtt es r A
LANDSCAPE ARCHITECTURE LAND PLANNING STATE LICENSE NO. 1252
MAY-23-2005 13 50 949 497 "507 96% P 01
FROM Land PreFitecture • FAX NO. 949-497-7507 #gay. 23 2005 01 53PM P2
May 23 2005
Page 2
3 Extra work such as revisions to plans due to site plan changes after commencement of
our work and job observation, shall be billed at $I30 per hour for principal landscape
architect and S60 per hour for drafting/office.
4 It is assumed that the irrigation system if
4 Blueprinting and shipping, as required, shall be billed at cost plus 10%.
Fee is based on receiving accurate site plan with property lines, building location, hardscape, streets and
curbs, topography and other information affecting landscape design. If the site plan does not contain
all new improvements it may be necessary to visit the site to take field measurements to include these
elements on our new base sheet Fee for this work shall be $580.
Land Archneciure bills progressively for work completed. Fee is due and payable upon receipt of
invoice
Client agrees to indemnify defend and hold Land Architecture harmless from and against any and all
claims, liabilities. suits, demands losses_ costs and expenses including, but not limited to reasonable
attorney s fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or
resulting to any and all persons, firms or any other legal entities on account of any damages or losses to
property or persons including injury or death, or economic losses, arising out of the Project and/or the
performance or non-performance of obligations under this contract, except to the extent such damages
or losses are found by a court or forum of competent jurisdiction to be caused by Land Architecture s
negligent errors or omissions.
I appreciate this opportunity and look forward to working with you Please call if you have any
question regarding this proposal
Respectfully submitted,
Peter Weisbrod, ASLA
Landscape Architect
MAY-23-2005 13 50 949 497 7507 96% P 7
FROM Land Architecture FAX NO. 949-497-'50' May. 23 2005 01 52PM Pl.
Land Architecture
May 23 2005
Thomas Fauth
Costa Mesa Sanitary District
628 \V 19`" Street
Costa Mesa, CA 92627 2718
Dear Tom,
It was a pleasure meeting with you this morning and, as discussed, I propose the following professional
landscape architectural services for your facility at above address Our proposal is based on our
discussions, review of the site plan, and our experience in numerous similar protects
Professional Services
Preliminary Design Phase
1 Site visit to review existing conditions relationship to neighboring properties
2 Prepare preliminary landscape plan showing all new-design elements such as fencing,
possible modifications to hardscape and planting concept Work includes preparation of
base sheet based on she plan received from you
3 Present plan for discussion.
4 Modify plan. if necessary to become basis for construction drawing
li Construction Drawings Phase
1 Pi enact landscape planting plan with legend, sod notes, and details This plan includes
all necessary information for hardscape modification and fencing
^_ Land Architecture will follow tip on all governmental comments pertaining to landscape
architecture under this agreement,
Ill cc-instruction Observation cif so desired and approved in writing)
1 \iisit construction site to observe landscape construction in progress
2 Follow up with comments (punch list)
Exclusions
Items not covered in scope of work
ggronomic soil testing.
2 Changes to landscape plans caused by architectural site plan changes after
commencement of work
5 Bluepnnting and shipping.
Governmental submittals and plan chucking fees
Professional Fee
Fee for preliminary design phase shall be 51.300_
2 Fee for construction documents phase shall be 51,900.
1620 THURSTON DRIVE LACUNA BEACH.CA 92631 TEUFAX(949)497 '507 EXtke Ci l A
LANDSCAPE ARCHITECTURE LAND PLANNING STATE LICENSE NO. 1252
(1H` -23-2005 13 53 949 49? 750" 95, P 01
FRO11 Land Architecture FAX NO. 949-497-750' May. 23 2005 01 53PM P2
May 2- 200S
Page 2
Extra work such as revisions to plans due to site plan changes after commencement of
our work and job observation, shall be billed at S130 per hour for principal landscape
architect and $60 per hour for drafting/office.
4 It is assumed that the irrigation system if
4 Blueprinting and shipping, as required, shall be billed at cost plus 10%
Fee is based on receiving accurate site plan with property lines building location, hardscape, streets and
curbs, topography and other information affecting landscape design. If the site plan does not contain
all new improvements it may be necessary to visit the site to take field measurements to include these
elements on our new base sheet. Fee for this work shall be $580.
Lund Architecture bills progressively for work completed Fee is due and payable upon receipt of
invoice
Client agrees to indemnify defend and hold Land Architecture harmless from and against any and all
claims, liabilities. suits, demands losses costs and expenses including, but not limited to reasonable
attorneys fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or
resulting to any and all persons, firms or any other legal entities on account of any damages or losses to
property or persons including injury of death, or economic losses, ansing out of the Project and/or the
performance or non-performance of obligations under this contract, except to the extent such damages
or losses are found br a cowl or forum of competent jurisdiction to be caused by Land Architecture s
negligent errors or omissions.
I appreciate this opportunity and look forward to working with you Please call if you have any
question regarding this proposal
Respectfully submitted,
Peter Weisbrod, kSLA
Landscape Architect
MAY-23-2005 13 50 949 497 '507 96% P 02