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HomeMy WebLinkAbout15 CIP 400039,400035 01-05-99AGENDA DATE: JANUARY 5, 1999 inter-Com NO. 15 1-5-99 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PARKS & RECREATION SERVICES DEPARTMENT APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR PEPPERTREE PARK AND MAGNOLIA TREE PARK RENOVATION. (C.LP. NO. 400039 & 400035) SLrMMARY Approval of Consultant Services Agreement between the City of Tustin and Purldss Rose-RSI will provide the City with Architectural Services for the preparation of Master Plan, Design/Development, Construction and Bid Documents and Construction Administration Services for the Peppertree and Magnolia Tree Park ,. renovation project. RECOMMENDATION It is recommended that the City Council, at their meeting of January 5, 1999, authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Purldss Rose-RSI for Architectmal Services for Peppertree and Magnolia Tree Park renovation in the amount of $64,195. FISCAL IMPACT The 1998/99 Capital Improvement Program (C.I.P.) included $250,000 for the renovation of Peppertree Park. An additional $100,000 will be provided through a grant for the County of Orange, Urban Parks and Recreation Fund. A total of $195,000 has been allocated from the C.I.P. fund for the renovation of Magnolia Tree Park. The total budget of $545,000 includes architectural services, construction, and a contingency fund. The Redevelopment Agency-Town Center has appropriated $250,000 for the Peppertree Park portion of this project. The pre 'hminary design allocation of the $250,000 appropriated is $50,000 BACKGROUND In April of 1996, the Tustin City Council adopted a resolution to appropriate funding for the renovation of Peppertree Park as part of the Capital Improvement Project Program (No. 400039). The City sought, and received from the County of Orange, financial assistance through an Urban Park and Recreation Grant to assist in the financing of improvements. To take advantage of the economics of scale, the renovation of the Magnolia Tree Park restroom (No. 400035) was included in the project. Peppertree Park is programmed for a new restroom, storage building, modification to the existing playground, and to address several ADA-related access~ility deficiencies. Other possible improvements include a performance area for the summer concert series, a new picnic shelter and modifications to the Senior Center to make it more accessible and open to the park. Four firms responded to the City's request for proposal for architectural services. Staff and the Peppertree Park Community Design Committee evaluated proposals and identified two firms for further consideration. Purkiss Rose-RSI was selected based upon their strong background in recreation and park planning and extensive local experience working with municipal agencies. The proposal also listed the lowest fees among the four submitted. Purkiss Rose-RSI in association with Anthony and Langford Architects prepared the Master Plan and Construction Documents for the Tustin Sports Park. DISCUSSION The City Council is hereby requested to approve the Consultant Services Agreement between the City of Tustin and Purkiss Rose-RSI subj~ to approval by the City Attorney for Architectural Services for the Peppertree and Magnolia Tree Park renovation project. The negotiated fee for the Agreement is felt to be fair and reasonable for the project. Approval of the Agreement will allow staff to proceed. Construction should begin in late spring 1999. Superintendent Patrick Sanchez Director December 15, 1998 Mr.~ Patrick Sanchez Parks and Recreation Department City of Tustin 300 Centennial Way Tustin, CA 92780 SUBJECT: Peppertree and Magnolia Tree Parks Dear Mr. Sanchez: Purkiss Rose-RSIhas executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Pnrkiss-Rose-RSIwarrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, or with an equivalent carrier in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Purkiss Rose-RSI will provide the City with certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, Purkiss Rose-RSI ,-, Charlene Rose, President Authorized Signature AC~Ei:)TED AND AGREED TO: Patrick Sanchez, Parks and Recreation Department APPROVED AS TO FORM: Lois E. Jeffrey City Attorney CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES is made and entered into this 5___~ day of January_, 19 99 , by and between the CITY OF TUSTIN, a municipal corporation, hereinafter.referred to as "City", and. Purkiss-Rose- RSI , a California corporation, hereinafter referred to as "Consultant." WHEREAS, City requires the services of a consultant services for Peppertree Park and Magn~ olia Tree Park Renovation "Project;" and to furnish the necessary hereinafter referred to as WHEREAS, Consultant has submitted to City a proposal dated, September 25, 1998 , 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 agee 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 July 27, 1998 , a copy of which i~ attached hereto, marked as Exhibit "B" and 'is by this reference incorporated into this Agreemem. 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 A~reement according 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 coition regardless of the party respons~le for the delay. Section 4: Compensation. The comtxmsation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $64~195.00 Bo Consultant shall submit detailed invoices based upon the actual work performed,. accompanied by backup documentation as requested by the City. Co 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. Do 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 re[x)rts and obligations respecting them, such as social security, income tax withholding, unemployment coition, 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 Mllfifl misconduct, or conduct for which the law impo, ses strict liability on Consultant in the performance or failure to perform this Agreement. -2- Section 7: Insurance- Bo Consultant shall maintain in full 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 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 conmttam's service under this Agreement, or (2) to maintain professional liability insurance coverage with the ~me carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Conmllam 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 compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. Do 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. E. 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 worker's coition, Consultant shall submit to Cky a copy of its certification of self- insurance issued by the'Department of Industrial Relations. Section 8. Termination of Agreement. A. City shall have the fight to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. Bo Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination Co Upon termination of this Agreement or completion of the Project, all dOcuments relating to the Project shall become the sole property of City. Should Cky terminate this Agreement pursuant to subparagaph A. of this Section, Consultant shall, within t~n (10) -3- 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 dra~ 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 mai[ remm receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attm Director of Parks and Recreation Services 300 Centennial Way Tustin, CA 92780 To COnsultant: Purldss Rose- RSI, Landscape Architecture 801 No. Harbor Blvd. Fullerton, CA 92832 Section 10: Miscellaneous Provisions. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. g. No part of this Agreement may be assigned by Consultant without the prior written approval of City. Co 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. Do Consultant shall perform ail 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. Eo Consultant certifies that there shall be no discrimination against any employee who is employed in the work co-~ered by this Agreement, or again~ any application for such employment, because of race, religion, color, sex or national origin including, but not limited to, the following: employment, upgrading, demotion or transfer, recmit~t, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. ATTEST: "Crib" CITY OF TUSTIN By: Thomas tL Saltarelli, Mayor Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attomey "CONSULTANT" Signature (Print Name/Title) W'P/SKC 1/A:C'NSLTAGR_RIM/12/9198