Loading...
HomeMy WebLinkAboutOB 4 SPORTS PARK PLAN 01-19-93OLD BUSINESS NO. 1-19-93 NTE: January 13, 1993 I n t e r- C o m TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY SERVICES STAFF SUBJECT: SPORTS PARK MASTER PLAN UPDATE AND APPROVAL OF DESIGN CONTRACT FOR WORKING DRAWINGS AND BID DOCUMENTS RECOMMENDATION: 1. Authorize a Consultant Services Agreement with Anthony and Langford for $210,000 to prepare bid documents for a phased construction project. 2. Review .the Scheme D site plan. Provide input for the Parks and Recreation Commission review on January 21, 1993. The City has a Consultant Services Agreement with Anthony and Langford for the Master Plan phase of the Tustin Sports Park. This project is currently proceeding on schedule and within budget. The Consultant Services Agreement provides that the City will decide whether the consultant should proceed with the working drawings at the time of review and approval of the Master Plan. This agreement provides for the City to negotiate a separate Consultant Services Agreement with Anthony and Langford for preparation of working drawings and bid documents based upon the Master Plan. Two (2) Task Force workshops, many interviews with City staff and potential user groups, and interviews with the School District have been conducted from September 10 through December 17, 1992. The Parks and Recreation Commission has also reviewed the plans and provided input for the Master Plan. The consensus of this process was that three softball fields and a commercial concession are needed to generate adequate revenue for a financially self- sufficient operation. The process also has shown that plans and bid documents should be developed for the entire project as quickly as possible. Both the Parks and Recreation Commission and the Task Force prefer to have the entire project built in one phase if possible. On December 17, 1992, two new site plan alternatives ( Schemes D and E) were presented to the Commission. These alternatives were drafted showing three softball fields, 4-6 lighted tennis courts, two multi-purpose/soccer fields, a concession/restroom/storage facility, a tot lot, parking for 200 cars, a group picnic area, and two basketball courts. The concept of preparing bid documents for the entire project with construction phases was discussed. Staff proposed approval of a separate Consultant Services Agreement to prepare working drawings and bid documents in a way that would allow the City to make financial decisions regarding phasing at the bid date and during construction. Anthony and Langford estimate costs for the project at approximately $3.5 million for either Design Scheme D or E. The Parks and Recreation Commission support Scheme D and the staff proposal as described above. The Task Force and the Parks and Recreation Commission also support an expedited process for preparation and plan check of the working drawing and bid documents. DISCUSSION: To hasten the process, and in support of Scheme D, staf f recommends that the City proceed with a separate Consultant Services Agreement for the preparation of working drawings and bid documents in a form agreeable to the City Attorney. Approval at this time will save approximately two months by not waiting until March 15, 1993 when the tentative schedule shows the City Council adoption of the Master Plan. The tentative schedule for the remainder of the project process is as follows: January 21, 1993 Parks and Recreation Commission review of the Design Development Report and Site Plan. Review input from the City Council and recommend adoption of the Master Plan. February 8, 1993 Planning Commission design review including adoption of the Master Plan and forward recommendations to the City Council. February 9 March 1, 1993 Make final adjustment to the DDR and Master Plan per the Parks and Recreation Commission and Planning Commission requests. Staff will prepare a report to present the Master Plan to the City Council for final adoption. March 15, 1993 City Council adopts the Master Plan. 2 June 7, 1993 Working drawings and bid documents completed. City Council authorizes bidding the project. Plan check begins. June 11 - July 12, 1993 Bid period; Plan check complete. July 19, 1993 Bid awarded. Mid -August, 1993 Construction started. Staff will conduct 50 percent and 80 percent plan reviews during the preparation of working drawings to speed the process. Staff will also continue to provide the City Council with periodic updates on the schedule and the design and bid process. The City Attorney's office has reviewed the attached Consultant Agreement. The proposed $210,000 contract budget has been included in the 1992-93 fiscal year budget. I an y Westrick Susan M. Jones Rec a tion Supervisor Recreation Superintendent Attachments RW : SPHPAHEN . CC 3 fACHMENT A CONSULTING SERVICES AGREEMENT This Agreement, made and entered into, to be effective this day of , 19 , by and between the CITY OF TUSTIN (hereinafter referred to as "City") and ANTHONY & LANGFORD, (hereinafter referred to as "Consultant"). WITNESSETH WHEREAS, City and Consultant have entered into an agreement dated August 3, 1992 providing for Consultant's preparation of a master plan for the Tustin Sports Park; and WHEREAS, Consultant is nearing completion of said work; and WHEREAS, City desires to retain Consultant to perform architectural and engineering work consisting of specific plan drawings. Said work more particularly identified in Exhibit "A", dated January 11, 1993, attached and incorporated herein by reference; h NOW, THEREFORE, in consideration of the promises contained herein and the mutual benefits which will result to the parties in carrying out the terms of this Agreement, City agrees to retain Consultant to provide consulting services as follows: 1. Scope of Consultant Services. In compliance with all the terms and conditions of this Agreement, Consultant shall provide to City all the services set forth in Exhibit "A". Consultant warrants that all its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. 2. Responsibility of Consultant. A. Consultant is responsible for the professional quality, technical accuracy, timely completion and coordination of any and all designs, drawings, specifications, reports and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports and other services, (J RS: pm 701/13/93:1-1604) except when such revisions or modifications are inconsistent with approvals or instructions previously given by City or are required by the enactment or revision of Codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings or specifications. B. City's approval of drawings, designs, specifications, reports and incidental work and materials furnished hereunder, shall not in any way relieve Consultant of responsibility for technical accuracy of it work. City's review, approval, acceptance or payment for any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Consultant shall be, and shall remain, liable in accordance with applicable law, for all damages to City caused by Consultant's negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the City, City -furnished data, or any third party. Consultant shall not be responsible for any time delays in the Project caused by circumstances beyond Consultant's control. D. Consultant's obligations under this Section are in addition to Consultant's other express or implied assurances under this Agreement or law, and in no way diminish any other rights that City may have against Consultant for faulty materials, equipment or work. B. Timeline for Performance. Consultant shall complete and present to City the drawings required under this Agreement for thc- construction/bid process and plan check process not later than 6 months from date of the contract. Other time deadlines for Phase II, III and IV shall be mutually agreed upon by the parties. 3. Responsibility of City. A. City shall designate, a representative authorized to act on City's behalf with respect to the Project. B. City shall examine documents submitted and render approval and decisions pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services. (JRS:pm:01/13/93:11604) -2- 4. Compensation. Compensation for Consultant's services shall be paid by City to Consultant as set forth in Exhibit "A". 5. Payment. A. Consultant shall submit monthly statements requesting payment for those items included in the Proposal.. Such requests shall be based upon the amount and value of the work and services performed by Consultant under this Agreement, and shall be prepared by Consultant and accompanied by such supporting data, including a detailed breakdown of all costs incurred and all tasks performed during the period covered by the statement, as may be required by City. Upon approval of such payment request by City, payment shall be made to Consultant as soon as practicable of 100% of the invoiced amount, provided however, that if City determines that the work under this Agreement or any specified task hereunder is incomplete, the amount or payment is in excess of the amount considered by City's Director of Finance to be adequate for the protection of City, he may, at his discretion, retain an amount not to exceed ten percent (10%) of such payment request. B. Upon satisfactory completion by Consultant of the work called for under the terms of this Agreement, and upon acceptance of such work by City, Consultant will be' paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. C. Upon satisfactory completion of the work performed hereunder, and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, Consultant shall execute and deliver to City a release of all claims against City arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by Consultant from the operation of the release in stated amounts to be set forth therein. 6. Statement of Costs. Pursuant to the provisions of California Government Code Section 7550, the total amount expended by City relating to the preparation of the report and documents prescribed herein shall be set forth within the final edition thereof, in a separate section, in a statement substantially as follows: (JRS:pm:01/13/93:11604) -j- Pursuant to California Government Code Section 7550, the City of Tustin expended the total amount of $ for the preparation of this report and/or documents. 7. Subcontracts. A. Any subcontractors and outside associates or subconsultants required by Consultant in connection with the services covered by this Agreement will be limited to such individuals or firms as are specifically approved by City during the performance of this Agreement. Any substitution in such subcontractors, associates or subconsultants will be subject to the prior written approval of City. B. It is expressly understood that in the event Consultant does require expertise in other fields, no portion of the work shall be assigned or subcontracted without the prior written approval of City. 8. Changes. A. In the event of a change in the scope of work provided for in the Proposal and this Agreement, requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of the new Agreement, including, but not limited to, any additional Consultant's fees. Change orders may include, but not be limited to, the following: (1) Revisions or modifications to documents, drawings, or specifications when such revisions or modifications are inconsistent with approvals or instructions previously given or are required by the enactment or revision of Codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings or specifications; (2) Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with replacement of such work; (3) Providing services not othenvise included in this Agreement or not customarily furnished in accordance with generally accepted practice of landscape architecture. (J RS pn:01 / 13/9311604) -4- B. Changes in work shall be compensated as mutually agreed by the parties should there be changes ordered by City. 9. Indemnity. Consultant shall perform all services required under this Agreement in a careful, diligent and professional manner and shall be responsible for all errors and omissions in connection with the services performed by Consultant under the terms of this Agreement, and Consultant shall defend, indemnifil and save harmless City and its officers and employees thereof from all claims, suits or other actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workmen in the public, or damage to property resulting from any willful misconduct or negligent acts, errors or omissions committed by Consultant during the performance of the services rendered under this Agreement, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of City and its officers, employees and agents. The defense and indemnif cation by Consultant shall include all costs and expenses, including attorneys' fees, incurred by City or its employees, officers, or agents with respect to such claim, suit or action of every name. Consultant shall, if requested by City, defend any litigation arising out of such claim at the sole cost and expense of Consultant. In addition to any remedy authorized by law, so much of the money due Consultant under and by virtue of this Agreement as shall be considered necessary, in the sole discretion of City, may be retained by City until disposition has been made of such claim or claims for damages as aforesaid. 10. Independent Contractor. The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make Consultant and/or any of its agents, servants or employees an employee or agent of City. 11. Termination. Services may be terminated al any time upon 10 days written notification by either party, with fees payable to date of termination and in accordance with services rendered and work completed. In the event of termination or suspension of services or abandonment of the Project, payment shall be made to Consultant for all services performed to the date of termination. (1RS:rm:01/13/93:H604) -5- 12. Ownership of Documents. Upon termination or completion of the work under this Agreement, Consultant agrees to furnish to City copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement which Cite requests. City agrees to hold Consultant harmless against losses and damages and costs arising out of any reuse or change of said documents by City without written authorization. 13. Insurance. Consultant shall maintain the same level of errors and omissions coverage required under Section 5.1 of the August 3, 1992 Agreement with City. Consultant shall, at the time of execution of this Agreement, provide to the City Attorney evidence in the form of endorsement, naming the City as an additional insured, that said insurance in place. 14. Employment. Consultant certifies, by the execution of this Agreement, that it pays employees not less than the minimum wage as defined by law, and it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and it agrees to demonstrate positively and aggressively the principles of equal opportunity in employment. 15. Disputes. In the event of a dispute regarding performance or interpretation of this Agreement, the dispute shall be resolved through the alternative dispute resolution procedures of Judicial, Arbitration, Mediation Services (JAMS) of Orange County, California. 16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. (JRS: pm: 01/13/93:1-1604) -6- X 7. Execution. Both City and Consultant do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. i 18. $indin� A► ree ent. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, and successors and assigns with respect. to the parties hereto. IN WITNESS NVHEREOF, this Agreement has been executed in the name of City, by its officers thereunto duly authorized; and Consultant, to be effective as of the day and year first above written. i "CITE'" ATTEST: ' City Clerk APROVED AS TO FORM: i x� . ROURKE, pity tt rney ()y.R4m:01/) 3/93,R6O4) _7_ CITY OF TUSTIN B31: Mayor "CONSULTANT" ANTHONY & LANCFORD T. V. Anthony 11 JAN 12 '93 16:37 r )NY AND LANGFORD 191 P01 ANTHONY AND LANGFORD AIA ARCHITECTURE • ENGINEERING • PLANNING January 11, 1993 a Mr. Edward Elowe, Project Manager i CITY OF TUSTIN Community Services Department .15222 Del Amo Avenue i Tustin, CA 92680 Subject: TUSTIN SPORTS PARK - Amendment No 1 . i ' Dear Mr. Elowe: We are pleased to present the following proposal for your consideration as an amendment A. ..*.to, our Consultant Services Agreement, dated August 3, 1992, for architectural Services for the Tustin Sports Park. a I i THE PROJECT A twenty acre community park consisting primarily of sports fields, courts and equipment, and related supplementary facilities to be located at Jamboree Road and Robinson Drive in the Tustin Ranch area. PROJECT CRITERIA At present the proposed park is expected to contain the following: Three lighted softball fields overlaid with practice multipurpose fields, and to be constructed with back stops, dugouts, bleachers, etc. Four to six concrete, lighted tennis courts with fencing and wind screen, one with a spectator area. Two unlighted concrete basketball courts with the potential for use as volieyball courts or other activities. 4VVv UJ111V11LUU n1U1i1-NU1PUJt7 IICIUS Nnnla(lly iur 5uccer ana rooiDail. A service building of approximately two thousand square feet containing toilets, storage, concession and pro=shop. Tot -lot and children's play area. Group and family picnic areas. Parking for approximately two hundred cars. EXHIBIT A 1 (')1 l;? Reach Rlvc!., Sljite ?01., HIAntinaton Peach, Califnrnia (12647 (71 4 1 R4 R- 1 P 1 JAN 1^' �- 1E: �A' -i14Y ANL! LANGFORD 191 P02 _ _ 36 �_� I January. 11, 1993 Mr. Edward Elowe Tustin Sports Park Page 2 1, PROFESSIONAL SERVICES f Professional services shall consist of architectural and landscape design including . structural, electrical and civil engineering and an agronomist's report. The following is an outline of these services: i PHASE 1 - DESIGN DEVELOPMENT ! Prepare design development documents following the completion of master planing and the Design Development Report consisting of drawings and t other documents to describe the size arid. character of the project as to architictural, ;landscape, structural, electrical, and civil engineering elements. i PHASE 11 - CONSTRUCTION DOCUMENTS • Prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project,and submit for ' plan check. Consult with City agencies as necessary to obtain required approvals E and permits. The project shall be designed and the construction documents arranged so that the park may, if desired, be constructed in two phases. PHASE Ill BIDDING OR NEGOTIATIONS Assist construction contract -bidders in ascertaining the requirements for the project. Assist HNTB in obtaining bids and awarding and prepaFing contracts for construction. PHASE 1V - CONSTRUCTION ADMINISTRATION Provide construction contract adminstration for the project consisting of the following: Attend weekly construction meetings; discuss any problems, and interpret the documents. Review shop drawings and submittals, respond to contractor's requests for information, and issue any required supplementary drawings and instructions. Provide a punchlist inspection for substantial completion to establish when the plaht maintenance period starts, and to establish the appropriate monies to withhold at that time. Make a final inspection of the project. i f JAN 12 '93 16:39 -HONY AND LANGFORD 191 P03 i i January 11, 1993 Mr. Edward Elowe Tustin Sports Park Page 3 SERVICES EXCL UDED Foundation investigation, acoustical, or other special engineering, or studies. COMPENSATION Our fee to provide the described services shall be as follows: Phase I Design Development Phase II Construction Documents 3,450.00 Phase III Bidding ; 12,050.00 Phase IV Construction Administration, Phase one 2500.00 3Q, 000.00 Phase two, -hourly not to exceed without prior a 1 $,000.00 P approval } 1 REIMBURSABLE EXPENSES Expense of reproductions, excluding reproduction for the useof the iArchit ect, Computer Plotting, delivery charges, and agency review fees are in addition io •compensation for architectural services and shall be charged at a multiple of 1.15 times the expense incurred. i We appreciate the opportunity to once again be of service to the City of Tustin. Sincerely, i ANTHONY AND, LANG FOR WAR CHITECTS I T. V. Anthony 11 President crs/92039 j i I i i ATTACHMENT B �e lie• Q i