HomeMy WebLinkAbout12 PIONEER PARK AGMNT 02-18-03AGENDA REPORT
NO. 12
02-18-03
MEETING DATE: FEBRUARY 18, 2003
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PATRICK SANCHEZ, DIRECTOR, PARKS AND RECREATION SERVICES
CONSULTANT SERVICES AGREEMENT FOR PIONEER ROAD PARK
CONSTRUCTION MANAGEMENT (ClP NO. 2053)
SUMMARY:
The Agreement between the City and Hall & Foreman, Inc. will provide construction
management services to oversee the completion of the construction of the Pioneer
Road Park project. Construction management services will include an on-site
construction manager, on-call construction services, materials and testing services and
supplemental survey services.
RECOMMENDATION:
It is recommended that the City Council approve a Consultant Services Agreement with
the firm of Hall & Foreman, Inc. to provide construction management services for the
Pioneer Road Park project in an amount not to exceed $63,870 and authorize the
Mayor and City Clerk to execute the contract subject to approval by the City Attor,ney.
FISCAL IMPACT:
The Consultant will be compensated on an hourly basis for providing a Construction
Manager for the project. The Pioneer Road Project is estimated to be a $1.9 Million
capital improvement to a 3.1-acre site. Construction management services are
approximately 3% of the construction estimate for the project. Funding for construction
management services is included in the Capital Improvement Program Budget for the
Pioneer Road Park (CIP No. 2053). ,
BACKGROUND:
On December 16, 2002 the City Council approved plans and specifications and
authorized the bidding of the Pioneer Road Park project. Bids are currently scheduled
to be opened on March 27, 2003. This project provides for the development and
improvement of a 3.1-acre site into a community park. The park will provide two age
group specific tot lots, a restroom facility, picnic shelter, a water play feature, parking for
18 vehicles, walkways, picnic areas and landscaping.
The Construction Manager will be responsible for keeping the project on schedule and
within budget. The Manager will coordinate the construction activities of all aspects of
the project under the oversight of the City's Parks and Recreation Department.
Consultant Services Agreement for Project Management for the Pioneer Road Park Project No. 2053
February 18, 2003
Page 2
Supplemental services to be provided on an as-needed basis will include inspection and
surveying. The City's Inspection Division and Engineering Division will be utilized for
the majority of inspection services.
The Parks and Recreation Department requested proposals from three firms with
experience in managing construction projects of this magnitude. Proposals were
received from Harris & Associates; Big Ben, Inc.; and Hall & Foreman, Inc. All the firms
that submitted proposals have excellent reputations and qualified staff and have
performed similar types of services for other agencies in a very acceptable manner.
Hall & Foreman, Inc. was selected based upon their vast experience in the construction
management field and high recommendations received from other agencies and other
City of Tustin project managers. Based upon the contents of the proposals and follow
up interviews, Hall & Foreman exhibited a more thorough understanding of the work
task and effort required to successfully perform the construction management services.
It is recommended the City Council approve the Consultant Services Agreement with
Hall & Foreman, Inc. for the Construction Management Services for the Pioneer Road
Park project, subject to approval by the City Attorney.
Respectfully,
Patrick Sanchez
Director, Parks and Recreation Services
Attachment
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 Hall & 'Foreman, Inc., a California
corporation; hereinafter referred to as "Consultant".
RECITALS
.. WHEREAS, City requires the services of a consultant to furnish the necessary
"construction management services for the Pioneer Road Park, hereinafter referred to
as "Project"; and
WHEREAS, Consultant has submitted to City a proposal dated November 25,
2002, 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".
S~ction 2: Order of Precedence.
'in the event of a conflict between or among any of the documents comprising this
Agreement, the following order to precedence shall govern the provision in question:
1. This Agreement
2. 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 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. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for
the delay.
Section 4: Compensation.
Ao
The compensation to' be paid under this Agreement shall be as set forth in
Exhibit "A", not to exceed a total cost of $ 63,870.00.
Bo
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.
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 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 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,
B~
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 occurrence.
..
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
-2-
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,
D.
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.
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.
Eo¸
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 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 A,qreement.'
A.
B.
City shall have the right to terminate any or all of the services covered by this
Agreement at any time for any reason by giving written notice to Consultant.
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.
-3-
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:
City of Tustin
Attn.: Director of Public Works/City Engineer
300 Centennial Way
Tustin, CA 92780
To Consultant:
Hall & Foreman, Inc.
Attn: Todd Schmieder, P.E.
203 N. Golden Circle Dr.i Ste. 300
Santa Ana, CA 92705-4010
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 approva! 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.
-4-
IN WITNESS WHEREOF, this Agreement was executed by the parties on the
day and year first above written.
"CITY"
CITY OF TUSTIN
By
Tracy Wills Worley, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
"CONSULTANT"
HALL & FOREMAN, INC..,
-5-
November 25, 2002
l~ir: Patrick Sanchez
Director of Parks and Recreation Services
City of Tustin
300 Centennial Way
Tustin, CA 92780
Proposal to Provide Construction Support Services for the City of Tustin's
Pioneer Road Park Master Plan Improvements (Revised)
Dear Pat:
]:n response to our discussion held on October 1, 2002, Hall & Foreman, :[nc. (HFT) is pleased to submit the revised
~. proposal to the City of Tustin to provide professional construction, management services for City of Tustin's Pioneer
Road Park project. The City of Tustin requires a firm committed to ensuring that the City's Park improvement project
is COmpleted to the highest quality, on schedule, and within budget. HFT proposes to provide the required services to
achieve those City goals. HFI understands the scope of services and is ready to proceed on this project on behalf of
· the City of Tustin.
Based on the prior limited' review of the improvement plans conducted by HFI atthe request of the City's Engineering
' Department (review of the improvements within public right-of-way only) and our experiences on similar public bid
projects, it is recommended that a constructibility and bidability review be completed on the plans, specifications, and
estimate: This review should be accomplished by a single, entity that reviews the entire set of plans and specifications
for completeness. Tf the.City determines that this kind of review maybe of benefit to the City, HFI has included it as an
optional service to the City. A scope of service and estimated fee proposal are provided for this optional Service.
We have prepared our revision so that it could be inserted into the original proposal package submitted to the City on
,lune 28,'2002. Included herein is a revised Section 5 (Project Approach) and Section 7 (Proposed Fee).
As always, it has been .our pleasure to Work with City staff on other City projects and assignments and we look
forward to working with the City on this new endeavor.
Please contact me at 7:[4-665-4500 if you have any questions or require additional information.
Sincerely,
D. Todd Schmieder, P.E.
Project Director/Associate
Foreman
03008-000
'.
list for the Pro~e~.
Our Project Manager will be responsible for coordinat-
ing the efforts throughout the project and will be the
focal point in all meetings and contacts with the City
of Tustin. Our work plan is detailed as follows:
TASK :L - CONSTRUCTABI'L2'rY REVIEW -
OPTIONAL SERVICE
:L.:L RevieWs- Hall IA Foreman, Inc.' will perform a
constructability review of the plans and specifications.
Standard Specifications for Public Works Construction
(Green Book) and the City ofiTustin Standard Drawings
will be used as guides for our review. We anticipate one
complete.detailed review of the Plans, Specifications
and Estimates (PS&E), and a follow-up review to verify
that all corrections were made by the Designer.
1.2 Bid Proposal Form - Our review will also include a
review of the Bid Proposal Form for consistency and
completeness.
In our role as the City's Construction Manager, daily site
visits will.be conducted at predetermined and random
time periods throughout the estimated i20 working day
construction period.
]:t is anticipated that inspection services will be provided
by others. However, in the case of force-account work
or other special items, full-time inspection may be
provided. To develop.our fee estimate for our services,
we have estimated a maximum of :L5 labor hours per
week for our Construction Management Services during
construction of the site improvements,
During the plant establishment period (assumed to be
90 calendar days), we have estimated a maximum of
two site visits per week to monitor the Contractor's
efforts to maintain the project's site improvements and
landscaping in an acceptable manner. We have also
assumed that a maximum of three ContractOr meetings
may be required during this period to coordinate
project-related issues during the Landscape Mainte-
. .
nance Period.
:1.3 Bid Document Review - HF]; will review the PSAE
bid package for conformance with standard public works
bidding practices and the City's contract responsibilities.
:1.4 Recommendation for Acceptance - At the
completion of HF]:'s Constructability Review Services, a
written recommendation for acceptance will be provided
to the City signifying that the Construction Bid Docu-
ments are ready for advertising and/or award of the
Construction Contract.
TASK 3 - CONSTRUCIZON MANAGEMENT SERVICES
2.:1 Construction Management- HFI's efforts will
consist of providing on-site Construction Management
Services and construction reports for any of the items of
work that may be inspected by HF"];. HF]:'s construction
management services will include review of submittals
and shop drawings, review of pay estimates and
potential change orders, coordination of inspection and
testj'ng services by other parties designated by the City,
attendance to weekly construction meetings, and
monitoring of the Contractor's schedule and work
progress. FinallY, HF]:'s services will include coordination
of final inspections and development of a s!ngle punch
2.2 Pre-Construction ServiCes - HF]: will conduct a
pre-construction conference to review unique or critical
aspects of the project with the Contractor and Designer.
Our pre-construction services will include COntacting
utility companies and the Designer of Record, reviewing
and commenting on the Contractor's schedule, and
preparing the pre-construction .meeting agenda and
minutes. HF];'s pre-construction services will also include
a review of the Contractor's bid and bid prices.
2.3 Contractor Weekly Meetings- HF]:'s Construc-
tion Manager will meet with the Contractor at the
beginning of each workweek and review proposed work
plans, including specific details that may affect progress
or items of work that require inspection and/or accep-
tance by HR or other City ]:nspectors.
2.4 Performance Review~ - HFI will review actual
Contractor performance and discuss discrepancies with
the Cont~ctor as they occur. HFI will review the con-
struction schedule and enforce requirements for
updating the schedule, and for the Contractor to main-
rain construction progress in conformance with the
project schedule.
03008-000
12
Z.$ permits- HFI will maintain copies of all permits
needed to construct the project and enforce all special
requirements therein.
2.6. Community Relations - HF! will keep the City Staff
informed regarding the Contractor's efforts to maintain
good community relations with the surrounding resi-
dents and businesses.
2.7 Evaluations ~ H~'s Project Manager and Inspector
will discuss the project's status, issues, upcoming
activities, and schedule on' an as-needed basis, to
evaluate the Contractor's Performance and progress,
and to determine if any corrective measures are
necessary. Written notices will be provided to the City
for its use in determining any effect of schedule delays,
and any needed enforcement or corrective action prior
to HFI issuing notices to the Contractor.
2.8 Workbooks - H~ will maintain bound field file
workbooks during construction, which will include
quantities constructed, daily inspection, .report~ pre-
pared by others, working-day reports, change order
documentation, corrective notices, and other documen-
tation and photographs as necessary. HFI will evaluate
work in progress and provide a weekly status report to
the City of Tustin.
2.9 Change Orders- HP-'Z will review, evaluate, and
discuss with the City of Tustin and the Designer all
requests for changes of work., including costs involved,
and assist the City in preparing change orders. If
required, HF'Z's Construction Manager will maintain
detailed records of workers, hours, equipment, and
materials utilized under force account change orders.
2.10 Construction Conformance - HFI's Construction
Manager will coordinate with the Designer and Manufac-
turers of contract products to ensure appropriate
materials and construction practices are used for the
City's park project.
2.11 Pr~ress Payments - HFI will review the
Contractor's estimated pay quantities sUbmitted for
progress payments. HFI will also review the progress
payment submittal for contract compliance. At the
completion of our review, HFI.will submit a recommen-
dation to the City for processing payment to the Con-
tractor.
At the completion of the work, HF--Z will issue a final
payment report summarizing ali payments made to the
Contractor, including change orders and force-aCcount
items and any moneys due the Contractor.
2..12 Final Inspection - HF/will recommend and
Schedule, with the City of Tustin and any other appli-
cable agencies, the final inspection for the project. Also,
HF! will prepare, distribute, and inspect corrections on
the final punch list for completion and acceptance of the
project by the City.
2.13 SWPPP InsPeCtions - HFZ will review the
Contractor's efforts for complying with the Regional
Water Quality Control Board regulations for construction
activities for the project.
2..14 Final Inspection Report- HFI will provide a final
inspection report to the City of Tustin stating that the
installed services and improvements were 'completed in
accordance With the plans and specifications as apPli-'
cable for the services provided by H~.
TASK 3 - CONSI'RU~ON ADM/NZSTRATZON
3.1 Contract Administration - HFI will provide
Contract Administration services to assist the City, as
necessary, in order to ensure compliance with the
provision of the bid documents. TL is assumed that the
City will review the Contractor bonds and insurance
submittals to verify compliance with the contract re-
quirements.
3.2 Utility Coordination - HF-/will provide complete
uUlity coordination for this project during construction. A
uUiity log will be established and maintained to track all
correspondences, requests, responses, and notaUons of
potential conflicts.
3.3 As-Built Plans - H~'s Construction Administrator
will coordinate with the Contractor, Field Inspectors, and
Designer to ensure that as-built revisions are made to
the original plans.
3,4 Labor Compliance - hFI's Construction Administra-
tor will provide the necessary services required to
coordinate the efforts between the City of Tustin and the
Contractor to ensure compliancewith Contractor labor
and legal requirements.
03008-000
13
3.5 Stop Notices- HFI will consult with the'City of
Tustin regarding disposition of Stop Notices unless the
Notice is required to protect the safety and welfare of
the public and construction workers.'
3.6 Grant Administration - HFI will prepare all
necessary documentatiofi in order to ensure grant
funding for the construction improvements is obtained.
3.7 Contract Close-out - HF! will issue the final
· inspection and payment reports to the City at the
completion of our services. It is assumed that the City
Staff will coordinate the project's close-out process and
final City acceptance of the work.
03008-000
14
Pioneer Road Park
ESTZMATED FEE,
(Revised ProPosal)
Hourly Rates $140 $120 $105 $110 ....
Constructability
2.O Review (optional) 8 24 8 0 40 $4,840.00
Construction
2.0 Management Services 36 16 390 0 442 $47,910.00
3.0 Contract Administration 8 0 4 78 90 $10,120.00
Services
TOTAL HOURS/COSTS 52 40 402 78 572
Tndirect Expenses $1,000.00
TOTAL FEE w/~ ConStructibility Review (Task :L0) $59r030.00
TOTAL FEE w~'ConstrucUbility Review (Task :1..0) $63,870.00
·
Our Estimated Fee !S based upon the following Project Construction duration and technical support assumptions and may need ~o
be adjusted based on the final project requirements.
ConStruction Project Sch~ule
Ptant Establishment
120 Working Days = 24 weeks
90 Calendar Days = 60 Working Days = :[2 weeks
To~al Construction Duration
= 36 weeks
Construcl:ion :Inspection Hours = (Average :[5 hours per week x 24 construction weeks) + (Average 2,2/2 hours per week x 12
plant establishment weeks) =390 hours
Contract Administration Hours = (Average 3 hours .per week x 20 construction weeks) +
(Average :L/2 hour per week x ~.2 plant establishment weeks) = 78 hours
Project Management = (Assume :[.25 hours per week x 36 weeks) = call 44 hours
Contract Closeout Process services are to be provided by the C~. (HFFs services are limited to coordination with City Staff and
have been assumed to consist of 4 hours each for the Construction Manager and teh Contract AdministratDr) = 8 hours total
=Services to be prOVided by the City and HFI's Services are to be limited to coordination services with City .Staff.
..
03008-000
16
Hall & Foreman Inc.
.:. ::;~; :.:-~'.~ '~- Civil Engineering. Planning. SurvwJng. Public Works
Note 1:
SCHEDULE OF HOURLY BILLING RATES
Valid for one year from effective date of contract
It is the Consul~n~s poliw ~ me~ all ~hedute requimmenB while mainlining a tom,tent and professional level of se~ice.
In return, ~ is ~pe~d that all invoices will be paid in a Umely manner. It is agr~d and unde~od that all invoices will
considered delinquent si~ (60) days a~er invoice da~. If invoice remains unpaid on ~e ninetl~ (90) day a~r invoice date,
Consula~ will ~p work on ~is proje~, and nin~ (90) days aAer invoice date Consu~nt will lien the
Note 2:
Client shall pay the cost, plus 15% for any applicable governmental fees, title company charges, well monuments, outside
Vendor reproduction costs, in-house reproduction costs, mileage and delivery or messenger services incurred on Client's behalf. If
requested, we will provide a computer printout which details these costs. We do not typically provide any additi°nal back-up for
these generally nominal expenses as part of our fee..
Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices. shall'be Considered due and payable upon presentation.
Note 4: The above Schedule of Hour *Billing Rates includes vehicle rates with the exception of mileage which will be invoiced at a rate of
$0.37 per mile plus !5%.
Note 5: The fee sCated herein does nOt include any sales or use tax. In the event that a sales and/or use t~x is imposed by ~e local,
state, or federal authority, upon' the services rendered hereunder, such sales and/or use tax shall be in addition to said fee
herein, and shall be the full responsibility of the Client.
' * :- ~ '.,';r
Hall & Foreman Inc. o oo8-ooo
. ,
*.
.
17