HomeMy WebLinkAbout06 CONS LMN TR PK 01-03-00AGENDA
NO. 6
01-03-00
DATE:
JANUARY 3, 2000
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PATRICK SANCHEZ, DIRECTOR, PARKS AND RECREATION SERVICES
APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES FOR THE
MASTER PLAN OF LEMON TREE PARK (PROJECT NO. 2046)
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with
the firm of RJM Design Group for the Lemon Tree Park Master Plan in the amount of
$37,150.
FISCAL IMPACT:
The 99/2000 FY Capital Improvement Program was amended in August 1999 to include
two additional projects. These two projects were the Tot Lot Improvements to Laurel
Glen Park and the Development of a Master Plan for Lemon Tree Park.
The Consultant Services Agreement of $37,150 is less than the $45,000 that has been
allocated from the Park Development Fund for the master plan design. The budget
includes architectural services, the development of the design development report, the
topographical map, and conceptual drawings for future amenities.
BACKGROUND:
In June 1999, the Tustin City Council suggested that a master plan for the 17-acre site
located at Portola Parkway and Tustin Ranch Road be developed. Council suggested that
the Parks Capital Improvement Program be amended to include this project in 99/2000.
The Parks and Recreation Commission also reviewed the Capital Improvement Program
and supported the direction to develop a master plan.
For purposes of developing a Request for Proposal, the name Lemon Tree Park has been
associated with the project on an interim basis. No formal name has been adopted, and as
part of the master plan process, recommendations for the naming of the park will be
developed.
Six firms responded to the City's Request for Proposal for Architectural Landscape and
Master Plan Services. Staff and the Community Design'Committee, made up of
members of the Parks and Recreation Commission, evaluated proposals and identified
three firms for further consideration.
RJM Design Group, of San Juan Capistrano, was selected based upon their strong
background in recreation and park planning and extensive local experience in working
with municipal agencies. The proposal also listed the lowest fees among the six
submitted. RJM Design Group were the architects responsible for the development of
Cedar Grove and Heritage Parks.
DISCUSSION:
The Council is requested to approve the Consultant Services Agreement between the City
of' Tustin and RIM Design Group, subject to approval by the City Attorney, for
Architectural and Landscape Design Services for the Master Plan of Lemon Tree Park.
The negotiated fee for the Agreement is fair and reasonable for the scope of the project.
Once approval of the Agreement is executed, recommended alternatives for the master
plan are scheduled to return to the Council within 180 days.
Gar~gill, ~erintendent13
Patrick Sanchez, Direct~n'
C/mydocs/ps/staffrpts/psa-rjm-lemontree-d°c
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES is made and entered into this
3~ day of January_ ., 2000, by and between the CITY OF TUSTIN, a municipal corporation,
"City", ,
hereinafter referred to as and. RJM DeSign Group, Inc. a California corporation, hereinafter
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referred to as Consultant.
WHEREAS,. City requires the services of a consultant to Runish the necessary
hereinafter referred to as "Project;" and
services for the Lemon Tree Park Master Plan ,
WHEREAS, Consultant has submitted to City a proposal dated, October 22, 1999',.a coPY of
which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement,
and'
WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires
to provide said services; and
WHEREAS, City desires to retain the services of Consultant for said Project.
NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set
forth, the parties agree as follows:
AGREEMENT
Section 1: Scope of Consultant's Services.
Consultant shall perform all work necessary to complete in a manner satisfactory to City, the
services set forth in the City's Request for Proposal dated August 30, 1999 .., a copy of which
is attached hereto, marked as Exla~bit "B" and is by this reference incorporated into this Agreement.
Consultant shall also perform all the services set forth in Exhibit "A."
Section 2: Order of Precedence~
In the event of a conflict between or among any of the documents comprising this Agreement, the
following order of precedence shall govern the provision in question:.
1. This Agreement
2. City's Request for PropOsal (Exhibit "B")
3. Consultant's Proposal (Exhibit "A")
Section 3: Time for Completion.
The time for completion of the work to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of the
Agreement aecor~g to reasonable schedules established by the City for various items described
in and as outlined within the Consultant's proposal. Consultant shall not be accountable for
delays in negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
Section 4: Compensation.
The compensation to be paid under this Agreement shall be as set forth in Exhibit "A",
not to exceed a total cost of $37r~00.00
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Consultant shall submit detailed invoices based upon the actual work performed,
accompanied by backup documentation as requested by the City.
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Progress payments for work completed shall be paid by City as the work progresses,
within thirty (30) days of the date of Consultant's invoice.
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Consultant shall provide City with a monthly itemization of all work performed, and the
fees accrued thereon, in complete and sufficient detail to fully apprise City thereof.
Section 5: Independent Contractor.
Consultant's relationship to City in the performance of this Agreement is that of an
independent contractor. Consultant's personnel performing services under this Agreement shall
at all times be under Consultant's exclusive direction and control and shall be employees of
Consultant and not employees of City. Consultant shall pay all wages, salaries and other
amounts due its employees in the connection with this Agreement and shall be responsible for all
reports and obligations respecting them, such as sodal security, income tax withholding,
unemployment compensation, workers' compensation and similar matters.
Section 6: Indemnification.
Consultant agrees to indemnify, defend and hold City, its officers, agents, employees,
successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim
made by any person and from all costs, expenses and charges, including attorney's fees caused by
or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts,
negligent errors, or negligent omissions or willful misconduct, or conduct for which the law
imposes strict liability on Consultant in the performance or failure to perform this Agreement.
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Section 7: Insurance~
Consultant shall maintain in fixll force and effect during the term of this Agreement
policies of comprehensive general liability, personal injury and automobile liability
insurance with limits of at least $1,000,000 combined single limit coverage per
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· Consultant shall maintain in full force and effect during the term of this Agreement a
· policy of professional liability insurance coverage with limits of at least $500,000
combined single limit coverage per claim or per occurrence. If Consultant provides
"claims made" professional liability insurance, Consultant shall also agree in writing
either (1) to purchase tail insurance in the amount required by this Agreement or to
cover claims made within five (5) years of the completion of consultant's service under
this Agreement, or (2) to maintain professional liability insurance coverage with the same
carder in the amount required by this Agreement for at least five (5) years after
completion of Consultant's services under this Agreement. Consultant shall also provide
evidence to the City of the purchase of the required tail insurance or continuation of the
professional liability policy by executing the attached Letter Agreement on Consultant's
letterhead.
Consultant shall carry and pay for such compensation insurance as is necessary to fully
protect Consultant and its employees under California Workers Compensation insurance
and Safety Laws, and shall relieve the City from all respons~ility under said laws in
connection with the performance of this Agreement.
All insurance required pursuant to this Section shall be issued by a company admitted in
the State of California and rated A, VII or better by the lateSt edition of Best's Key
.
Rating Guide.
Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance on the City's form evidencing the required insurance. If self-insured for
workers compensation, Consultant shall submit to City a copy of its certification of self-
insurance issued by the Department of Industrial Relations.
S _ec6_'_on 8. Termination of A~reement.
City Shall have the right to t~mimte any or all of the services covered by this Agreement
at any time for any reason by giving written notice to Consultant.
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Upon termination of this Agreement, Consultant shall be paid for services rendered by
the effective date of the termination.
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Upon termination of this Agreement or completion of the Project, all documents rdating
to the Project shall become the sole property of City. Should City terminate this
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Agreement pursuant to subp. aragraph g~ of this Section, Consultant shall, within ten (10)
business days of receipt of notice of termination, provide City with all documents within
Consultant's possession relating to this Agreement and the Project, including but not
limited to all completed documents and all drafts of uncompleted documems.
Section 9: Notices.
Any notice allowed or required to be given shall be effective upon personal delivery
thereof; or upon depositing thereof in the United States Postal Service, certified mail, remm
receipt requested, postage prepaid, addressed as follows:
To City:
City of Tustin
Attn: Director of Parks and Kecreation Services
300 Centennial Way
Tustin, CA 92780
To Consultant:
ILIM Design Group, Inc.
31591 Camino Capistrano
San Juan, Capistrano, CA 92675
Section 10: Miscellaneous Provisions.
Consultant shall proceed immediately and diligently to perform the services provided for
in this Agreement upon receipt of notice l?om City to proceed therewith.
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No part of this Agreement .may be assigned by Consultant without the prior written
approval of City.
This Agreement shall extend to and be binding upon and inure to the benefit of heirs,
executors, administrators, successors and assigns of the respective parties hereto.
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Consultant shall perform all services required under this Agreement using that degree of
care and skill ordinarily exercised under similar conditions in similar localities, and shall
be responsible for all errors and omissions for services performed by Consultant under
the terms of this Agreement.
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Consultant certifies that there shall be no discrimination against any employee who is
employed in the work covered by this Agreement, or against any application for such
employment, bemuse of race, religion, color, sex or national origin including, but not
limited to, the following: employment, upgrading, demotion or transfer, recmianent, or
recruitment advertising, lay-off or t~on, rate of pay or other forms of
compensation, and selection for training, including apprenticeship.
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IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first
above written.
CITY OF TUSTIN
By:
Tracy W'flls Wofley, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
"CONSULTANT"
By
Signature
(Print Name/Title)
~/pel~/tmg/~ Set~tie~ ~t-RYM. doe
BASIC FEE
COST ESTIMATE
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the
development of the City of Tustin's Lemon Tree Park Master Plan project. Compensation for
professional services will be provided for a fee of $ 28,950.00. This fee includes all costs to be incurred
by RIM Design Group, Inc. with the exception of selected supplemental services and all reimbursable
expenses.
Task 1 Project Familiarization
Task 2. Detailed Site Analysis
Task 3. Conceptual Master Plan Process
Task 4 Project Budgeting
Task 5 Final Master Plan
$ 3,055
$ 5,960
$11,970
$ 1,965
$ 6,000
TOTAL * $28,950
*Note: This fee summary represents our current understanding of the project scope and
complexity for the Lemon Tree Park Master Plan. We would welcome the opportunity to meet
with you to discuss the project as well as our approach to the Scope of Work and revise as
necessary to more accurately meet the needs of the City of Tustin.
REIMBURSABLE EXPENSES Reimbursable Allowance Estimated at
$ 8,200. O0
When incurred, the following project expenses will be billed at cost plus 15% handling fee:
· All blueprinting, reproduction, plotting, printing, photography, graphics, postage and
deliveries
· Permits, plan check, and inspection fees
· Aerial Mapping and Topographic Mapping (1"=30' w/1' contour interval) $ 3,200.00
PAYMENTS
Payments will be due and payable on a monthly basis following the completion of any substantial
phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged
at 1-1/2% &the amount due, compounded monthly.
ADDITIONAL SERVICES
The following services will be performed at your request, and shall be considered additional
services to the above, reimbursable on an hourly basis:
A.
Revisions to the work following authorization by City to proceed changes in scope or
modification of the project, design and/or participation in work beyond the designated
site.
B.
Additional meetings beyond those identified in the Scope of Work.
RIM shall perform the revisions requested by the City for two City reviews. All
subsequent revisions shall be provided per the attached standard hourly rates.
City of Tustin
Lemon Tree Park Master Plan
999-142
FEE SUMMARY MATRIX
TASK DESCRIPTION
TASK 1 PROJECT FAMILIARZATION
City Staff Meeting#1-Proiect Start-Up 4;
Conduct Field Investigations 61 2 2 2
Design Team Meetin~ #1-Proiect Coordination 6 3 3
Meet with City staff'members to review project development 6
-- --
Subtotal Hours: 22 5 5 2
Hourly Rate: $ 90.00 $ 85.00 $ 90.00 $ 100.00
Task 1 Subtotal: $ 1,980.00 $ 425.00 $ 450.00 $ 200.00
Task 10 Total: $ 3,055.00
TASK 2 DETAILED SITE ANALYSIS
Conduct on-site review 6 2 4; 21
City Meeting #2 Review findings/products/reports 8 4! 4
Prepare comprehensive site analysys 32 6
Subtotal Hours: 46 2 14 6
Hourly Rate: $ 90.00 $ 85.00 $ 90.00 $ 65.00
Task 2 Subtotal: $ 4,140.00 $ 170.00 $1,260.00 $ 390.00
Task 2 Total: $ 5,960.00
TASK 3 CONCEPTUAL MASTER PLAN PROCESS
Design Team Meeting! #2-Overview & Coordination 4 4 4
Conduct Community Workshop 40 4 4
Prepare consensus conceptual master plan 27 6 6
City Meeting #3-Review Conceptual Master plan 6 4 4
Refine plan per City comments 10
City Meetin~l #4-Review refined Conceptual Master plan 6 ._ _
Subtotal Hours: 93 18 18 0
Hourly Rate: $ 90.00 $ 85.00 $ 90.00 $ 65.00
Task 3 Subtotal: $ 8,370.00 $1,530.00' $1,620.00 $
Task 3 Total: $11,520.00
TASK 4 PROJECT BUDGETING
Obtain related construction costs 5 3 3
Prepare construction cost estimate 5 2 2
City Meetin~ #5- Review prelimina~ master plan and 4
proiect construction costs _ A
Subtotal Hours: 14 5 0
Hourly Rate: $ 90.00 $ 85.00 $ 90.00 $ 65.00
Task 4 Subtotal: $ 1,260.00 $ 255.00 $ 450.00 $
Task 4 Total: $ 1,965.00
TASK 5 FINAL MASTER PLAN
Refine master plan per City input and prepare exhibit 16 4 4
Prepare draft of Desi~ln Development Report(DDR) 24
!City Meetin~i #6- Review Master Plan and DDR 4
iRefine master plan and DDR per City input/comments 6 2 2
Presentation of Master Plan and DDR to Commission 5
and City Council 5
Subtotal Hours: 60 6 6 0
Hourly Rate: $ 90.00 $ 85.00 $ 90.00 $ 65.00
Task 5Subtotal: $ 5,400.00 $ 510.00 $ 540.00 $ -
Task 5 Total: $ 6,450.00
COST SUMMARY:
Task 1 Total: $ 3,055.00
Task 2 Total: $ 5,960.00
Task 3 Total: $ 11,520.00
Task 4 Total: $ 1,965.00
Task 5 Total: $ 6,450.00
Design Fee Total: $ 28,950.00
PROJECT TOTAL: $ 28,950.00