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HomeMy WebLinkAbout09 APPROVAL OF CSA FOR LANDSCAPE ARCHITECTURAL SERVICES...FOR TUSTIN LEGACY PARK - CIP 20043AGENDA REPORT vis 1� MEETING DATE: TO: FROM NOVEMBER 4, 2014 JEFFREY C. PARKER, CITY MANAGER Agenda Item 9 Reviewed: City Manager Finance Director N A DAVID A. WILSON, DIRECTOR, PARKS & RECREATION SERVICES SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES, CONSTRUCTION DOCUMENTS, AND CONSTRUCTION SUPPORT SERVICES FOR TUSTIN LEGACY COMMUNITY PARK (CIP NO. 20043) SUMMARY: Approval is requested of a Consultant Services Agreement (CSA) between the City of Tustin and Moore lacofano Goltsman, Inc. (MIG, Inc) to provide landscape architectural services, draft and finalize construction documents, and render construction administrative and support services. RECOMMENDATION: It is recommended the City Council: 1. Approve Consultant Services Agreement (CSA) with MIG, Inc. for the provision of design services, preparation and completion of construction documents, and construction administrative support services, subject to any non - substantive modifications as may be necessary as recommended by the City Attorney, and authorize the City Manager to execute the documents on behalf of the City; and 2. Appropriate $154,980 from Park Development Legacy Fund (Fund 132). FISCAL IMPACT: Funding for the Tustin Legacy Park design has been appropriated and adopted in the FY 2014 -2015 Capital Improvement Budget; $500,000 will be expended from Community Facilities District (CFD) 06 -01 and $154,980 is proposed to be expensed from Park Development Legacy Fund (Fund 132). CORRELATION TO THE STRATEGIC PLAN: The agreement advances the City's Strategic Plan, Goal A: Economic and Neighborhood Development 1.) a. Complete the Master Plan for Tustin Legacy Park. 6.) Assess and explore opportunities for expanded recreational activities. BACKGROUND: Planning for the Tustin Legacy Park began in 2004 when the Parks and Recreation Services Department hired a qualified firm, MIG, Inc., to work on the Tustin Legacy Park Master Plan. The process of completing the Master Plan was very complex due to economic conditions and land use issues associated with the sites former use as a military base. MIG, Inc. has been instrumental in assisting the City with negotiating the complexities of the project and completing the Master Plan, including reaching out to the community by conducting workshops and stakeholder meetings concerning the parks amenities and design. On June 17, 2014, the City Council unanimously approved the Tustin Legacy Park Master Plan and directed City staff to begin preparing necessary documents and approvals necessary to design, develop, and construct Tustin Legacy Park and examine the possibility of adding a dog park. At their September 17, 2014, Community Services Commission Meeting, the Commissioners reviewed an alternate plan that included a dog park facility. After consideration and discussion, the Commission voted unanimously to proceed with the previously approved park concept design and not add a dog park to the Tustin Legacy Park Plan; however, the Commission advised staff to investigate constructing a dog park facility in the future linear park system. As the planning process for the entire Legacy Park system has continued to evolve, it. has been discussed to possibly rename Tustin Legacy Park to Veteran's Community Park. Changing the park name to Veteran's Community Park and the substantial presence of a large Veteran's Memorial proposed for the site would commemorate the men and women who served on the MCAS Tustin. Changing the park name would also preserve Tustin Legacy Park for future naming consideration for the proposed linear park that will connect all of the parkland throughout the entire community. Staff recommends engaging the Community Services Commission to discuss and consider the name change and advise the city council on its findings at a future meeting. To move the project forward into final design and the construction of the park, the City requested and received a proposal from MIG, Inc. based on their experience and extensive knowledge of the park project. Procuring their services would benefit the park development process in time savings due to their familiarity of the complexities of the project since they have be involved since its inception and would be a cost efficient approach to the completion of the plans. The total proposal of $624,980 for the aforementioned services recommended here is 4.8% of the total estimated construction cost of $13,956,154 of the park improvements, much lower than the 10% design cost which would normally be estimated for completion of this work. Proposed Timeline: Fall/Winter 2014: Draft and Finalize Construction Documents Spring 2015: Out to Bid for Construction Summer /Fall 2015: Begin Park Construction esp ctfully subm li- vid . Wilson Director, Parks and Recreation Services Attachment - CSA CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this 4th day of November 2014, by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as "City ", and Moore lacofano Goltsman (MIG), a California Corporation, hereinafter referred to as "Consultant ". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary design services and preparation of construction document services, and construction support services for the Tustin Legacy Park hereinafter referred to as "Project "; and WHEREAS, Consultant has submitted to City a proposal dated August 5, 2014, marked as Exhibit 'A" is this reference incorporated herein as though set forth in full here to "Proposal'; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; 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" in accordance with the terms and conditions of this Agreement. 1 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 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 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 ", which shall not exceed a total cost of $624,980.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. 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. D. 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 2 security, income tax withholding, unemployment compensation, worker's 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. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this 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, or with an equivalent 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 to 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 additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and 3 rated A, VII (seven) or better (if an admitted carrier) or A -, X (ten) or better (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 -, VII (seven) 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 liability 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 and insurer endorsements evidencing the required insurance. 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 7C above. If self - 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 or any reason by giving ten (10) business days 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. C. 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: Notice 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, upon receipt requested, postage prepaid, addressed as follows: 4 To City: City of Tustin Attn.: Department Head 300 Centennial Way Tustin, CA 92780 -3715 To Consultant: Moore lacofano Goltsman. Inc. 801 North Harbor Blvd. Fullerton, CA 92832 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. 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. D. 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 for 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. I: Exhibit A IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. "CITY" CITY OF TUSTIN M Title ATTEST: Erica Rabe, City Clerk Services Supervisor APPROVED AS TO FORM: David Kendig, City Attorney "CONSULTANT" Title M O O R E I A C O F A N O G O L T S M A N, I N C. August 5, 2014 Mr. David Wilson Director Parks & Recreation Services City of Tustin 300 Centennial Way Tustin, California 92780 SUBJECT: Proposal for Landscape Architectural Services, Tustin Legacy Community Park, City of Tustin Dear Mr. Wilson: We are happy to see the design of Tustin Legacy Community Park being reactivated and look forward to incorporating program and site changes that have occurred in the past three years and completing construction documents for this important new park for the City of Tustin. SCOPE OF SERVICES It is MIG's intent to produce a final work product that meets the objectives of the City of Tustin in terms of staff participation, resource efficiency, design quality, innovation, public safety and comfort, budget control and completion schedules. To assure achievement of this goal, adjustments to this program can be made. From our meeting with staff and subsequent discussion with you, it is our understanding that the scope of services will include the following: TASK I - CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT SERVICES PHASE I— Construction Documents Based on the approved final Master Plan, Design Development Report and opinion of probable construction costs, the MIG team will prepare construction documents for the Tustin Legacy Community Park 1. Prepare Construction Documents Prepare construction documents (drawings and specifications) at a scale of 1 inch = 20 feet for the project site improvements as identified within this scope of services which will include the following: Title Sheet • Existing Conditions Plans • Demolition Plans • Base Sheets • Sports Field Layout Plans • Sports Courts Layout Plans and Details • Veteran's Memorial Plans /Details • Grading and Drainage Plans • Restroom Buildings Architectural Plans (1) Pre -fab, (1) Site Built including MPE • Water Quality Management Plans /SWPPP • Site Amenities Plans • Parking Lot Layout Plans • Construction Layout / Horizontal Control Plans • Construction Details • Structural Details and Calculations for Backstops, Dugouts, Scoreboards, etc • Sports Field Lighting Plans • Security Lighting Plans • Lighting Details • Site Signage and Monumentation • Landscape Planting Plans and Details • Irrigation System Plans / Details / Water Pressure Calculations • Technical Specifications 2. Construction Document Submittal -75% The MIG team will prepare and submit construction drawings and outline specifications to the City at 75% completion for preliminary review and plan check. The team will address all City review comments. 3. Construction Document Submittal — 90% The MIG team will prepare and submit construction drawings, specifications and opinion of probable construction costs to the City at 90 % completion for review, comments and plan check. The team will address all 90% City plan check comments. 4. Construction Documents Submittal— 100% The MIG team will prepare and submit construction drawings, specifications and construction cost estimates to the City at 100 % completion for review, comments and plan check. The team will submit the 100% construction document sets to City staff for review and, based on the City and governing agency plan check comments, refine the construction documents and submit final 100% construction documents and obtain final approval. construction documents will be submitted to the City to determine compliance with all applicable codes and ordinances, and to receive final comments and approval. The project team will assist the City staff in obtaining the required City and governing agency approvals. 5. Final Opinion of Probable Construction Costs The MIG team will prepare a final detailed opinion of probable construction cost for the final 100% construction document package. Meetings: As part of Phase 1, MIG will schedule meetings with City staff to review 75 % and 90% plan check comments. Deliverables: As part of Phase I, MIG will include six (6) sets of construction drawings for 75% and 90% submittal; six (6) sets of construction drawings for 100% submittal and six (6) sets of construction drawings for final 100% submittal. MIG will also provide one (1) electronic file containing final approved construction drawings, specifications and the final opinion of probable construction costs. PHASE 11— Project Bidding 1. Public Bid Process The MIG team will be available during the bidding process to assist in providing clarification and information as required during the bidding phase. Our team will provide the following services to City staff: • Assist the City in obtaining public bids • Respond to technical questions during the bidding process • Prepare drawing clarifications or addenda and issue to City staff if required • Participate in a pre -bid conference • Prepare addendums as required during the bidding process PHASE III - Construction Observation and Administration Construction Observation and Administration The MIG team would be available to attend one (1) pre- construction meeting and construction meetings, two (2) per month, during the construction phase of the project for Legacy Park with a projected 12 month construction period. Our team would, as needed and requested by the City, provide the following services to City staff during construction: • Review contractor's applications for payment and make recommendations to City based on review • Provide written interpretation of the construction documents as needed during the construction of the project • Review and assist the City staff with approval of the contractors change orders. Review and approve the contractors materials submittals, shop drawings, clarifications to plans and specifications • Obtain contractor's schedule of values and construction schedule within first twenty (20) days of project and review for ability to complete thejob on time • Maintain log of all contractor change orders and RFI's (Requests for Information) and RFC's (Requests for Clarification) • Maintain correction list of items to be corrected and if they were corrected • Review the contractor's work for compliance with construction documents • Provide construction observation meeting notes for meetings attended by MIG • Recommend to City in Notice of Completion as to compliance that contract documents and correction items list have been addressed and accomplished • Review and approve contractor as built record drawings *Coordination and scheduling between the Testing Laboratory, the City and the contractor of all inspections and testing as required will be conducted by the City of Tustin. All project site inspections will be completed by the City, Public Works Department and Building Department and the County. Exclusions: The following services are not included in our scope: • Reproduction and delivery beyond the deliverables indicated within this Scope of Services 3D Rendering /Fly -Thru Graphics Permit fees • Special Inspections • Street Improvements • Offsite utilities beyond POC's • Geotechnical testing Agronomic testing PROJECT TEAM For this project, Steve Lang, Landscape Architect, will continue to act as the Principal -in- Charge of the project. Robert Echavarria, will continue to act as the Senior Project Manager and will participate in the site design and preparation of the construction documents /opinions of probable costs and construction administration services. The Team's Electrical Engineering will be handled by LRA Engineers. The site and building Structural Engineering will be by Correia Consulting and Design. Building Architecture for the site built and pre- fabricated restroom /concession building will be handled by Crane Architectural Group. MIG has retained Dax Consulting for the site Civil Engineering. Luke Yoder of Yoder Ballfields will handle the on -sLte installation of the ballfield turf grass and infield mix ed -e transitions and building of mounds and bullpens. Finally, MIG will retain Cumming Corporation for professional cost estimating services to determine and monitor estimated costs through the construction document phase of the project. PRO.ILCT SCIIE.DULE, The proposed Master Plan is scheduled to be completed with final presentation to Community Services Commission and City Council in September /October 2014. From August to November MIG anticipates working with the City of Tustin and NAVFAC to get final approval on the Masterplan. With a Notice to Proceed in November 1 ", 2014, the Construction Document preparation phase will take approximately 5 months to complete, including agency review and plan checking. Final construction documents are anticipated to be completed in May 2015. Construction biddim; is anticipated to take 30 days, beginning in May 2015 with bid award in June 2015. Construction and Construction Administration shall begin in June 2015 is anticipated to take appro \imately (12) months to complete the construction of the 33 acre facility with fnal completion expected,., round the summer of 2016. PROI'LSSIONAL F FES TASK 1— CONNTRI!C'rm DOCUMENTS AND CONSTRt CTION StiPPORT SERVI(TS: M.I.U. - LANDSCAPE ARCHITECTURE1 PROJECT MGT. Landscape Architecture (includes: overall site design, field layout, building placement, construction details, turf placement, I fence layout, backstop, bleacher seating, irrigation design, $245,000 coordination with design team. Progress meetings with client, construction support services Subtotal LRA ENGINEERS- ELECTRICAL ENGINEER 524 ,000 CORREIA CONSULTING AND DESIGN - STRUCTURAL ENGINEER Structural Engineering (includes: calculations, details and 3 submittal review for site structural items including, paving, bleachers, dugout design, fencing, netting, scoreboard, post- $8,250 _ t nsio_ned slabs for tennis and basketball courts etc. Subtotal CRANE ARCHITECTURAL GROUP - ARCHITECT Architecture (includes: design of 4 concession : restroom /storage/office building, pre - fabricated restroom, concession building, engineering, calculations and $61,640 _ cht ._t meet } _ Subtotal y CUMMINGS CORPORATION - COST ESTIMATING 66t Site Electrical Engineering (includes: design for electrical 5 2 systems for entire site, panel distribution, load calculations, coordination with geotechnical report) security /parking lighting, sportsfield lighting, scoreboards, plan $62,590 check revisions and construction observation) Subtotal $62,590 CORREIA CONSULTING AND DESIGN - STRUCTURAL ENGINEER Structural Engineering (includes: calculations, details and 3 submittal review for site structural items including, paving, bleachers, dugout design, fencing, netting, scoreboard, post- $8,250 _ t nsio_ned slabs for tennis and basketball courts etc. Subtotal CRANE ARCHITECTURAL GROUP - ARCHITECT Architecture (includes: design of 4 concession : restroom /storage/office building, pre - fabricated restroom, concession building, engineering, calculations and $61,640 _ cht ._t meet } _ Subtotal y CUMMINGS CORPORATION - COST ESTIMATING 66t Geotechnical (includes: site supervision of grading and 5 excavation operations during construction to ensure proper $22,000 coordination with geotechnical report) Subtotal $ 22,000 LUKE VODER - YODER BALLFIEI Subtotal DRES Mound Construction (includes: time and expertise for constructing MLS quality mound, bullpens and infield mix in. tallation) DAX CONSULTING CIVIL ENGINEERING $5,500 ,- 00 Task I FEE TOTAL *11 1 TOI Al, R1- PRI M NTS APPROXIMATI 1,Y 5% Or TI 11 AMIGPATI -D $13,000,000 PARK BUDGrT ADDITIONAL SF RVICES Additional services not identified or included within this proposal will be billed, at the City's ; uthori; Mion, according to the hourly rates indicated below. MIG hourly fee schedule for additional services through 2014 Prne;pal ................................................................................... ...................$175.00/hour ProjectMaria . er ....................................................................... ...................$145.00/hour Project Assoc ate ........................................................... ..............................$ 90.00/hour Administrative StX .................................................... ..............................$ 85.00/hour MIG's fees include all costs for transportation, telephone and faxe,. Reproduction and delivery costs beyond what is outlined within the Scope of Services, are not included ;n the Professional Fees, and will be preauthori ,,ed by the City and billed to the City at cost. Thank you for the opportunity to submit this updated proposal to prepare construction documents for Tustin Legacy Community Park. We will F wait an Amendment to the Consultant Services Agreement from the City and can begin the project immediately once said Amendment has been executed, required insurance provided and a Notice to Proceed is issued by the City. If you have any questions or concerns, please feel free to contact me. Sincerely, Steve Lang, A.S.L.A. Principal, Landscape Architect 4 1771 Civil Engineering (includes; civil engineering design, draina -e, 7 WQMP and SWPPP preparation for City, Utility design (sewer, $220,000 ' water, fire, stormwater) site surveying and topo services and construction observation) Subtotal 0,000 Task I FEE TOTAL *11 1 TOI Al, R1- PRI M NTS APPROXIMATI 1,Y 5% Or TI 11 AMIGPATI -D $13,000,000 PARK BUDGrT ADDITIONAL SF RVICES Additional services not identified or included within this proposal will be billed, at the City's ; uthori; Mion, according to the hourly rates indicated below. MIG hourly fee schedule for additional services through 2014 Prne;pal ................................................................................... ...................$175.00/hour ProjectMaria . er ....................................................................... ...................$145.00/hour Project Assoc ate ........................................................... ..............................$ 90.00/hour Administrative StX .................................................... ..............................$ 85.00/hour MIG's fees include all costs for transportation, telephone and faxe,. Reproduction and delivery costs beyond what is outlined within the Scope of Services, are not included ;n the Professional Fees, and will be preauthori ,,ed by the City and billed to the City at cost. Thank you for the opportunity to submit this updated proposal to prepare construction documents for Tustin Legacy Community Park. We will F wait an Amendment to the Consultant Services Agreement from the City and can begin the project immediately once said Amendment has been executed, required insurance provided and a Notice to Proceed is issued by the City. If you have any questions or concerns, please feel free to contact me. Sincerely, Steve Lang, A.S.L.A. Principal, Landscape Architect 4 1771 Tustin Legacy - 5portspark City of Tustin G Tustin Legacy - Construction Document 2014 Preps on Schedule member Phase I - Construction Documents 75% Submittal 90% Submittal 100% Submittal/OPC 2015 January February March A ril May June JWY August Se tuber Phase 11- Project Bidding Project Award i Phase III - Construction Admin. Start of Construction (12 months) 12 rnnnfN construction period Project Completion Summer 2016 10l30r2D14