Loading...
HomeMy WebLinkAbout08 APPROVAL CSA FOR FRONTIER PARK WATERPLAY ELEMENTMEETING DATE: TO: FROM: AGENDA REPORT APRIL 2, 2013 JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed: City Manager Finance Director 8 DAVID A. WILSON, DIRECTOR, PARKS & RECREATION SERVICES SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION DOCUMENTS FOR THE FRONTIER PARK WATERPLAY ELEMENT (CIP NO. 20072) SUMMARY: Approval of a Consultant Services Agreement between the City of Tustin and Hirsch & Associates, Inc. to provide the City architectural design, construction documents, and plans and specifications for a water play element at Frontier Park. RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm Hirsch & Associates, Inc. for the Frontier Park "Sprayground" Project not to exceed $12,540. FISCAL IMPACT: The 2013 -2014 FY Capital Improvement Program includes the development of plans, specifications, and construction documents for the Frontier Park Sprayground (CIP No. 20072). Completely funded with Community Development Block Grant (CDBG) dollars, the budget for this project is $115,000. BACKGROUND: At Frontier Park is a small concrete amphitheater located adjacent to the picnic shelter. Originally intended to host small group gatherings, this area is seldom utilized by park patrons for its intended use. Instead, it is often a location used for loitering. The Frontier Park Sprayground Project would convert this amenity to an above ground active water play area, similar in size and scope to Pioneer Road Park. Staff has worked with representatives from Vortex Aquatic Structures International to verify the suitability of the site and create an initial concept. For the necessary design work, staff also worked with Vortex to identify landscape architect firms with related experience. Three firms were approached to complete the plans and specifications for the Frontier Park Sprayground and each responded with a proposal. The firm Hirsch & Associates, Inc. was selected for this project based on lowest cost as well as their level of experience with spraygrounds. DESIGN BIDS SUMMARY: Design Fee Hirsch & Associates, Inc. (Anaheim) $12,540 RHA (Riverside) $25,100 Architerra Design Group (Rancho Cucamonga) $36,620 The Frontier Park Sprayground was identified by the Community Services Commission as the next project to be completed on their seven -year Capital Improvement Project priority list. R spectfully sub David A. Wilson Director, Parks and Recreation Services Attachment: Consultant Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of , 20_, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City ", and Hirsch & Associates, Inc., a California Corporation, hereinafter referred to as "Consultant ". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary landscape architectural design services for the preparation of plans and specification for the Frontier Park Sprayground Improvements hereinafter referred to as "Project "; and WHEREAS, City has solicited three bids for the Project from reputable landscape architect firms experienced with similar projects; and WHEREAS, Consultant has submitted to City a proposal dated December 18, 2012, 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 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. Consultant's Proposal (Exhibit "A ") 1 CSA — Frontier Park Sprayground Hirsch at Associates, Inc. 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 this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A ", not to exceed a total cost of $12,540.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. 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. 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 connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation, and similar matters. Section 6: Indemnification Consultant agrees to defend, indemnify, 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. 2 CSA — Frontier Park Sprayground Hirsch & Associates, Inc. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of these Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. 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 $1,000,000 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 carrier 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. C. Consultant shall carry and pay for such workers' compensation insurance as is required fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials, and employees as an additional insured on the commercial, general and automobile policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII or better (if an admitted carrier) or A -, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B -VIII or better or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance showing the names of the insurers and the amounts of coverage and insurer endorsements evidencing the required insurance provisions. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1), (3), and (4) of Section 7D above and the waiver of subrogation requirement in Section C above. If self- 3 GSA — Frontier Path Sprayground Hirsch & Associates, Inc. insured for worker's compensation, Consultant shall submit to City a copy of its certification of self- insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. 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 documents. 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, return receipt requested, postage prepaid, addressed as follows: To City: To Consultant: City of Tustin Attn.: Director, Parks and Recreation Department 300 Centennial Way Tustin, CA 92780 Hirsch & Associates, Inc. Attn: Charles Foley, Vice - President 2221 East Winston Road, Suite A Anaheim, CA 92806 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. 4 CSA — Frontier Park Sprayground Hirsch & Associates, Inc. C. 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. 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. E. 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 far such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay -off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement 5 CSA — Frontier Park Sprayground Hirsch & Associates, Inc. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Al Murray, Mayor ATTEST: Jeffrey C. Parker, City Clerk APPROVED AS TO FORM: David Kendig, City • ttorney "CONSULTANT" Hirsch & Associates, Inc. By Title 6 CSA — Frontier Park Sprayground Hirsch & Associates, Inc. Attachment A H IRSCH & ASSOCIATES, INC. LANDSCAPE ARCHITECTURE & PLANNING Mr. Chad Clanton Recreation Superintendent City of Tustin 300 Centennial Way Tustin, CA 92780 Frontier Park Improvements Mr. Clanton, December 18, 2012 Jim Spence of Vortex has introduced you with our firm HAI. HAI has provided services to the City of Tustin in the past including plan check review services associated with the Tustin Air Base development. We welcome the opportunity to continue our working relationship with the City. This proposal includes sections related to project understanding, scope of work, time schedule as well as professional fees. Our Consultant team is as follows; Digital Mapping Site Survey Reedcorp Engineering Electrical Engineering Thank you for the time and effort reviewing our proposal. Please do not hesitate to contact me with any questions or comments. resident #5567, ASLA 2221 EAST WINSTON ROAD. SUITE A, ANAHEIM, CALIFORNIA 92606 PHONE 714 -776 -4340 FAX 714- 776.4395 WWW.HAILANDARCH.COM LAPI71O Proiect Understanding The City of Tustin proposes to remove an existing seating area /amphitheater and replace it with a Splash Pad by Vortex. The project shall include an accessible pathway from the sidewalk to the Splash Pad. Site grading and possible small retaining walls may be required to site a pad for the new amenity as well as minor landscape and irrigation modifications. The proposed Splash Pad is a drain away type and will not require a pump and /or surge tank. 120 V electrical supply will be required for the Splash Pad timer which we intend to obtain from existing site power to adjacent building. The construction budget is approximately $115,000. Project Approach /Design Philosophy Our approach to the Splash Pad will be to work closely with City Staff. Close interaction with all participants will assure the social and physical design solutions will compliment the final project. Within our operational framework the following key points will be defined. • Site features that identify the Park as a unique recreational resource. Attention to details, color and design character must be sensitive to the character and scale of the surrounding area. • Compliment and reinforce the total project design scheme. We are cognizant of operational and maintenance associated with different developments. Therefore, we provide design and maintenance solutions that are sympathetic to both aesthetic and economic considerations. • Incorporate passive and economically feasible active energy conservation measures. We accept this responsibility as an integral part of our site design. • Evaluate emergency requirements influencing the design: fire protection, police and night security. HAI and our consultants have a thorough understanding and practice of the Calgreen Building Code, California Building Code, Federal ADA and State Title 24 disabled accessibility laws, Title 24 Energy Efficiency Standards and County Health Department requirements as they relate to Splash Pads. In summary, our understanding of design and development in California, Southern California specifically, is an asset to the project. HAI has been in the business of design and construction for many years. We have a history of bringing our design work to fruition on our stated deadlines for bidding. We base our preliminary and probable construction cost estimates on current bid numbers we receive on other projects we design. The values for all line items contained in our estimates are current and reflect the market demand for materials and installation methods. All design work, not specifically assigned to a sub consultant, is prepared in house allowing Principle involvement and oversight. Sub Consultants are managed by senior members of the company as well as HAI Staff. Our system for quality control assures our clients the highest quality product available. Scope of Work Schematic Design • Obtain site survey of area as shown on aerial exhibit and clouded limits of survey included with this proposal. The purpose of the survey is to identify existing elevations of hardscape to provide vertical and horizontal data which shall be used as the basis of the new design. The topographic and planimetric detail will be obtained entirely in the field by qualified surveyors. The field data will be converted into digital Autocad file for use as our base sheet. The mapping will meet or exceed National map Accuracy Standards. • Obtain Vortex Splash Pad design components along with estimates of material and installation costs. Incorporate the design components into site plan, verify ADA compliance for perimeter walkways. Locate existing utilities for connection. Provide recommendations for existing site amenities based on Vortex infrastructure spatial requirements. • Determine limits of demolition of existing hardscape to accommodate proposed improvements. • Prepare preliminary construction cost estimates based on conceptual design alternatives. • Review schematic design and estimates with the City, revise as necessary to receive approval. Construction Documents Prepare from the approved Schematic Design, construction drawings and specifications setting forth in detail all work to be undertaken. Construction documents will be prepared in AutoCAD version 2007 with project specifications prepared in Microsoft Office in CSI format. Specifications and construction details shall be per County /City /HAI standards as well as applicable portions of APWA Standards. Plans shall consist of: - Demolition & Protection Plan - Grading Plan, Details, Notes and Calculations - Erosion Control Plan - Construction Plan, Details and Notes - Electrical Plan, Details and Notes - Irrigation Plan, Notes, Calculations and Details - Planting Plan, Notes and Details - Project Specifications • Prepare 65% complete construction documents illustrating in detail all work to be undertaken. Submit to City for review. Revise as necessary to receive approval. • Prepare 100% final plans, specifications, required calculations and bidding documents in sufficient detail to obtain competitive bids as well as plan check approval. Plans shall meet federal, state and local requirements, as necessary. • Submit plans to City for Plan Check process, revise as necessary to receive approval. • Meet with design team and owner to coordinate all plan sets and work to be undertaken as needed. Electrical Engineering Scope of Work • Attend design meeting with client • Provide electrical plans indicating; a. Connection of new water timer to existing electrical on site. b. Electrical Specifications c. Compliance with City Building Department. Construction Support 1. Hirsch & Associates shall assist City of Tustin and respond to any request or directives made by phone, fax or E -mail. Hirsch & Associates shall request clarification from the City of Tustin in writing if Hirsch & Associates should have any questions regarding the directions given by City of Tustin that are not consistent with the plans and specifications. 2. Hirsch & Associates, when requested by the City, shall attend project meetings with City Staff, contractors, and project manager as requested during project design and construction. 3. Hirsch & Associates will provide the following services for the project and will coordinate with City of Tustin in accordance with the project construction schedule. • Coordinate with City of Tustin project manager, city staff and inspector as may become necessary during construction. • Attend pre- construction meeting. • Provide interpretation and clarification to the construction documents. • Review and approve product submittals and shop drawings in accordance with construction documents and scope of work. • As requested by City of Tustin we shall attend on -site project meetings to review work of the contractor. We will prepare written reports of meetings for distribution to all parties. • Coordinate with all parties by telephone, fax and e-mail as necessary. • Review construction schedule and provide comments. • Inspect and approve all soil preparation material, planting methods, and finish grading prior to planting. • Inspect the installation of all landscape and irrigation equipment. • Respond to contractor's Request for Information (RFI's) and other questions during project construction. • Conduct substantial completion inspection at request of City of Tustin and prepare punch list. Review and approve punch list items upon their completion. • Conduct final inspection upon completion of 30 -day plant establishment and 60- day landscape maintenance periods, and issue letter of acceptance to City of Tustin. • Review and approve all contractor supplied closeout items, manuals and charts for irrigation system as specified in the contract specifications. Schedule Hirsch & Associates, Inc maintains sufficient staff to provide services in a timely manor. A project schedule shall be developed with the City if awarded the project. Exclusions The following services shall be excluded from the basic services listed above and shall be provided by city at their expense. • Preparation of easements, right -of -ways or land dedication documents. • Laboratory sample collection and testing • Irrigation renovation for the entire site, only areas where improvements impact the existing system shall be modified. • Geotechnical testing services • Environmental Planning (EIR) • SWPPP (Storm Water Pollution Prevention Plan) • SUSMP (Standard Urban Stormwater Mitigation Plan) • Printing and mailing associated with project • All cost for computer plotting, printing, and computer scans, and photographic reproductions as requested by the City. • Costs for permits & plan check fees • All other services not specifically delineated in the Scope of Services. Professional Fees Professional fees for services stated are based upon the scope of work and include all costs for general overhead, profit, telephone, clerical, travel and incidental expenses not separately requested by the City. Fees are good for a period of 90 days from date of our proposal. Fees are based upon scope of work as delineated within our proposal. Schematic Design Survey $2,100.00 HAI $2,000.00 Sub Total $4,100.00 Construction Drawings, Permitting and Bidding Assistance HAI $5,000.00 Electrical Engineering $1,600.00 Total $6,600.00 Construction Support Site Inspection 2 @$400 /Ea $800.00 Office Time 8hrs t7a $130 /Hr $1,040.00 Total $1,840.00 Grand Total $12,540.00 Project hourly fees contract design & additional services Professional fees are based on a project as outlined within the scope of work. If the scope of work, construction budget or scope of services are increased or changed at the request of the City of Tustin, Hirsch & Associates shall receive compensation based on additional hours worked at the hourly rates stated below, or an agreed upon negotiated fee. The City prior to performance of such services will approve additional services and costs in writing. Principal Landscape Architect $150 /hr. Director of Projects $130 /hr. Associate Landscape Architect $100 /hr. Project Manager $95 /hr. Senior Designer $80 /hr. Technical Staff $75 /hr. Office /Clerical $65 /hr. Travel $0.58 /mile Printing Cost plus 10% Project Site Meetings $400 /each The price breakdown for in -house plotting /printing of each original sheet requested by the Client is as follows: 81,4x11 11 x17 24x36 30x42 Black & White $0.50 $1.50 $6.00 $9.00 Color $2.00 $4.00 $65.00 $91.00 Reimbursable Expenses All plotting, printing, blueprinting and photographic reproductions including special overnight deliveries (other than US Postal Service) requested by the City of Tustin shall be paid as a direct reimbursable expense plus 10% to Hirsch & Associates Inc. E -mail of plans to City of Tustin selected Reprographics Company will be at no cost to the City of Tustin. Travel Authorized travel associated for project design and project meetings, are included within our fees, excluding travel associated with additional services. Abandonment of Project In the event this project is abandoned by written notice from Tustin compensation will be the last progress billing invoice, plus a mutually agreed upon amount for work executed since that invoicing. If the project is suspended or abandoned, in whole, or part, for more than (6) months, Hirsch & Associates shall be compensated for all services performed prior to receipt of written notice from Tustin of such suspension or abandonment, together with all reimbursable expenses then due. If the project is resumed after being suspended for more than three (6) months, compensation shall be equitably adjusted by an agreement between Tustin and Hirsch & Associates Inc. Plans and Specifications Original drawings and specifications are instruments of service and shall remain the property of Hirsch & Associates Inc. until final payment has been received. Hirsch & Associates Inc. will supply Tustin with 1 original set of plan documents with digital file. Questions In Dispute All questions in dispute under this agreement may be submitted to arbitration when practical, and in accordance with the provisions of the American Arbitration Association. The prevailing party shall be entitled to reasonable attorney fees, to be fixed by the Arbitrator. In the event there are judicial proceedings instead of arbitration, reasonable attorney fees shall be fixed by the court. Landscape Architects are licensed and regulated by the California Board of Architects. Any questions concerning Landscape Architects may be answered by calling (916) 445- 4954. Insurance Hirsch & Associates Inc. will maintain $1,000,000 Comprehensive General Liability Insurance, $1,000,000 Professional Liability Insurance and $1,000,000 Workers Compensation Insurance through project duration. Insurance certificates will be supplied upon execution of contract. Tustin agrees that the limit of liability for services rendered by Hirsch & Associates shall not exceed the total amount of fees paid. Payments All cost for professional services and reimbursable expenses will be invoiced on a monthly basis. All invoices are due within 30 days from date of invoice:: All invoices not paid within 30 days from date of invoice may be subject to a 1 1/2% monthly service charge per month or Hirsch & Associates may suspend work on project until invoices are paid in full. If work is suspended by Hirsch & Associates for non - payment of invoices, Hirsch & Associates will not be responsible or liable for any damages or loss suffered by Tustin or any other party. Written notice will be forwarded t� Tustin five days prior to suspension of services. Termination Either party may terminate this agreement by providing a 30 -day written notice. All outstanding professional fees for services along with reimbursable expenses shall be paid in full, upon date of termination and delivery of documents to Tustin. Contract shall also terminate upon receipt of final payment for services from Tustin. Execution To initiate professional services, Hirsch & Associates Inc. must receive an executed Agreement, Purchase Order or Services Agreement with our proposal as Exhibit "A ". Respectfully submitted this day December 18, 2012 resident #5567, ASLA