HomeMy WebLinkAbout08 APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT WITH RIOSDocusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director
JUNE 16, 2026
ALDO E. SCHINDLER, CITY MANAGER
MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICES
AGREEMENT WITH RIOS
Staff recommends the City Council approve Amendment No. 2 to the Consultant Services
Agreement with RIOS to provide design modifications of the Legacy Park Phase 2 Project.
The City has explored design alternatives to reduce construction costs and recommend
authorizing the redesign, including the preparation of the final plans, specifications, and
construction documents.
RECOMMENDATION:
It is recommended the City Council approve Amendment No. 2 to Consultant Services
Agreement with RIOS to provide design modifications of the Legacy Park Phase 2
Project, in an amount not to exceed $382,410.00, and authorize the City Manager to
execute the Agreement on behalf of the City.
FISCAL IMPACT:
The proposed Amendment No. 2 to Consultant Services Agreement with RIOS includes a
not -to -exceed total compensation amount of $382,410.00. Sufficient funds have been
appropriated in the Fiscal Year 2025-2026 Capital Improvement Program Budget.
CORRELATION TO THE STRATEGIC PLAN:
Construction of the subject project contributes to the fulfillment of the City's Strategic Plan
Goal A: Economic Neighborhood Development. Specifically, the projects implement
Strategy 1, which, among other items, is to develop critical phases of Tustin Legacy. The
Project also contributes to the implementation of Strategy 5, which assesses and explores
opportunities for expanded recreational activities.
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Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
City Council Agenda Report
Approve Amendment No. 2 to Consultant Services Agreement with RIOS
June 16, 2026
Page 2
BACKGROUND AND DISCUSSION:
On September 13, 2021, Public Works approved a Consultant Services Agreement with
RIOS in the amount of $762,185.00 to provide design services for the Tustin Legacy Park
Phase 2 Project (Project). The Project proposes to construct an extension of the Tustin
Legacy Park stretching from Armstrong Avenue to Warner Avenue.
On November 5, 2024, Public Works approved Amendment No. 1 to the Consultant
Services Agreement with RIOS in the amount of $22,450.00 to provide design services for
the revision to the Veterans Way crossing enhancement and finalization of the bid package.
The Project has been developed in conjunction with the Warner and Armstrong Avenue
pedestrian bridges to account for overlapping infrastructure elements. The Project scope
of work includes landscape, irrigation, playground equipment, fitness stations, and
pedestrian walkways. The Project will be completed in coordination with the Armstrong
Avenue Pedestrian Bridge and the remainder of Neighborhood D South Phase 2
improvements, further advancing the ongoing development of Tustin Legacy.
Due to the current bidding environment and elevated construction pricing trends observed
on recent City capital improvement projects, staff evaluated opportunities to reduce overall
construction costs while maintaining the core vision and functionality of the overall Legacy
Park Project. At staff's direction, RIOS prepared design refinements and value -engineering
modifications to reduce construction costs while preserving key project objectives. RIOS
subsequently submitted a proposal for additional engineering, design, and construction
support services associated with implementing these modifications, including
technical design support during bidding and construction support as needed. The
proposal forms the basis of Amendment No. 2.
Staff recommend the City Council approve Amendment No. 2 to the Consultant Services
Agreement with RIOS for design, engineering, and construction support services for the
Legacy Park Phase 2 Project.
Michael Grisso
Director of Public Works
Attachment:
1. Proposed Amendment No. 2
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
ATTACHMENT 1
Proposed Amendment No. 2
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
AMENDMENT NO. 2
W
CONSULTANT SERVICES AGREEMENT
This AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT
("Amendment No. 2") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City") and RIOS, a California Corporation ("Consultant").
WHEREAS, City and Consultant entered into that certain Consultant Services
Agreement on September 13, 2021, to furnish the necessary design services for the
Tustin Legacy Park within Neighborhood D South of Tustin Legacy — (CIP 20083), which
was subsequently amended by that certain Amendment No. 1 dated November 5, 2024
(collectively, the "Agreement"); and
WHEREAS, City requested Consultant to conduct additional necessary design
services for the Tustin Legacy Park within Neighborhood D South of Tustin Legacy — (CIP
20083); and
WHEREAS, Consultant submitted authorization requests dated May 29, 2026 for
additional necessary design services related to the Tustin Legacy Park within
Neighborhood D South of Tustin Legacy — (CIP 20083).
NOW THEREFORE, it is agreed that the Agreement be amended as follows to
reflect the modifications requested by RIOS and authorized by the City of Tustin:
1. Modification of Compensation. Section 4 entitled "Compensation" is amended
to provide additional compensation in the amount not to exceed $382,410 for
design modifications of the Tustin Legacy Park within Neighborhood D South
of Tustin Legacy — (CIP 20083) Project as identified in Exhibit "A" of this
Amendment No. 2.
2. General Requirements. All other terms and provisions contained in the
Agreement shall remain in effect and shall not be altered by this Amendment.
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Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
IN WITNESS WHEREOF the parties have executed this Amendment No. 2 as of
the last date stated below.
Dated:
"City"
City of Tustin, a municipal corporation
Aldo Schindler
City Manager
06/03/26
Dated: "Consultant"
Rios, Inc.
By: _
dlU4 fit. WAa x
Mark Motonaga
Creative Director/Partner
APPROVED AS TO FORM:
By:
David Kendig
City Attorney
[msd]
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Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
EXHIBIT "A"
AMENDMENT #2 PROPOSAL
Attached hereto are
1. RIOS design modifications of Tustin Legacy Park within Neighborhood D South
of Tustin Legacy — (CIP 20083) Project Proposal dated May 29, 2026.
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
May 29, 2026
Khudadatov, Mark
City of Tustin
300 Centennial Way
Sent via email: MKhudadatov@tustinca.org
Additional Service Proposal #04
Construction Document, Bidding and Construction Administration
Tustin Legacy Park /RIOS Project No. 19043.01
Dear Mark,
We are pleased to provide you with this additional services proposal for Construction Document and
Specifications Revisions services for the Tustin Legacy Park project located in Tustin, CA.
SCOPE OF WORK & SERVICES
RIOS will provide and coordinate the following services:
Task 1 —Construction Documentation and Permitting (14 weeks)
Upon approval of the VE Redesign by the client, RIOS will prepare for Construction Document &
Permitting.
Services will include:
1. Manage project and coordinate with Client and subconsultant team
2. Host coordination meetings with Client and subconsultant team as necessary
3. Prepare 9596 and 100% construction document packages:
a. General notes
b. Overall site plan
c. Overall site accessibility plan
d. Layout (horizontal control) plans in conjunction with Civil
e. Hardscape plans
f. Planting plans
g. Sections and elevations
h. Hardscape details
i. Planting details
j. Subconsultant sheets (precise grading plan, erosion control, SWPPP, hydrology report,
WQMP, plumbing plan and details, photometric analysis, lighting plan, electrical plan,
light and electrical fixture schedule, structural details and calculations, irrigation plan
and details)
4. Conduct Quality Management (Quality Assurance/Quality Control) of RIOS and subconsultant
work to eliminate conflicts
5. Prepare CD construction cost estimate at 9590 and 10090
6. Submit 9590 CD package for initial permit approval and constructability review
7. Prepare techinical specifications and bid forms at 9590 and 10090
8. Make corrections and revisions based on city constructability review comments
9. Submit 10090 CD package including specifications and bid forms for final approval
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RIOS.com
Los Angeles 3101 West Exposition Place, Los Angeles, CA 9001S, US London 4Great Portland Street, 5th Floor West, London W1W SQJ, UK RIOS
Austin 1711 F. Cesar Chavez Street, Suite B, Austin, TX 7B702, US Singapore 31 Tanjong Pagp ar Road, #02-01, Singapore 022454, SG
Boulder 1950 Sth Street, Boulder, CO 80302, US Shanghai ANKFN Avenue, B-3G, 300 Jiang Chang West Road, Shanghai, CN
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
Meetings
1. Coordination meetings with Client and subconsultant team
2. 9596CD and cost estimate review with Client for final feedback.
Deliverables
1. Construction document, specifications and bid forms at 950,5
2. Construction document, specifications and bid forms at 10046
Fee(lump sum).............................................................................................................................................................................$108,000
Task 2: Bidding (TBD)
Upon completion of Task 1: Construction Documents and Permitting Phase, and subject to notice to
proceed from Client, RIOS will participate in bidding. Bidding Phase tasks will include:
1. Manage project and coordinate with Client and subconsultant team
2. Provide bid addenda and clarifications in response to bidder questions
3. Attend pre -bid conference
4. Support City with bid evaluations as necessary
5. Make design modifications to reduce construction cost, if requested, on a T&M basis
Task 3: Construction Administration (Approximately 9 months)
Upon completion of Task 2: Bidding Phase, and subject to notice to proceed from Client, RIOS will begin
the Construction Observation Phase. Construction Administration Phase tasks will include:
1. Manage project and coordinate with Client and subconsultant team
2. Review submittals and mock-ups
3. Respond to requests for information (RFIs) in a timely manner (2-3 days)
4. Maintain project RFI submittal log with dates, status, and final disposition
5. Review proposed substitutions, alternates, and change orders
6. Attend pre -construction conference
7. Attend weekly construction meetings to observe site (after 9 months, additional meetings will be
on a T&M basis)
8. Select and tag critical plant materials in nursery with City Arborist for delivery (one trip, additional
visits on a T&M basis)
9. Attend substantial completion walk-through
10. Assist with developing/reviewing contractor punch list
11. Attend final completion walk-through
12. Attend follow-up walk-through prior to end of Maintenance Period and develop contractor punch
list as needed
13. Review contractor's as -built drawings
14. Prepare record documents based on contractor as -built drawings
15. Develop Maintenance Manual for Client use in properly maintaining plant material
Fee Not -to -Exceed (Task 2& 3, Billed Hourly)...............................................................................................................$106,000
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RIOS.com
Los Angeles 3101 West Exposition Place, Los Angeles, CA 9001S, US London 4Great Portland Street, 5th Floor West, London W1W SQJ, UK RIOS
Austin 1711 F. Cesar Chavez Street, Suite B, Austin, Tx 7B702, US Singapore 31 Tanjong Pagp ar Road, #02-01, Singapore 022454, SG
Boulder 1950 Sth Street, Boulder, CO 80302, US Shanghai ANKFN Avenue, B-3G, 300 Jiang Chang West Road, Shanghai, CN
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
FEE SUMMARY
Task 1 FEE
RIOSFee..............................................................................................................................................................................................$108,000
Consultants' Fees*
Fuscoe-Civil Engineering........................................................................................................................................................$ 94,500
Sweeney- Irrigation.......................................................................................................................................................................$ 8,900
WSP-Structural Engineering..................................................................................................................................................$ 32,800
Candela - Electrical and Lighting.............................................................................................................................................$ 2,900
MGAC- Cost Consulting.............................................................................................................................................................$14,000
RIOS Administration Fees (@1090)....................................................................................................................................... $15,310
SUBTOTAL Consultants........................................................................................................................................................... $168,410
TotalTask 1 Fee.............................................................................................................................................................................$276,410
Task 2&3 FEE
Not -to -Exceed (Billed Hourly for Task 2&3)..................................................................................................................$106,000
Total Fee for this Additional Add Service...................................................................................... $382,410
The consultant team will use direction and comments from the previous constructability review as the
basis for the revised 95% CD package. The City shall consolidate and coordinate all review comments
internally across departments prior to issuance to avoid conflicting direction.
The scope and fee assume one consolidated review cycle based on the consolidated review comments.
Following the 95361 CD submittal, with the 100% CD package intended as the final submittal. Additional
revisions, redesign, review cycles, or scope changes beyond the 100°61 CD submittal or agreed -upon VE
direction shall be considered Additional Services and will require a separate ASR and additional
compensation.
If additional work is added at the request of Client which exceeds the original scope of the stated fee
limit, RIOS reserves the right to request increased compensation commensurate with the extra labor to
be performed.
Construction Administration services are based on the anticipated construction duration identified
in this proposal. If the construction schedule extends beyond the stated duration, or if additional CA
effort is required due to delays, re -phasing, additional review cycles, contractor performance issues,
or changes outside the agreed scope, such services shall be considered Additional Services and will
require a separate ASR and additional compensation.
>`Subconsultant Construction Administration fees have been included within Consultant Fees Section
and are lump sum not to be billed on an hourly basis to Client with the exception of Civil Engineer
(Fuscoe) billing hourly and NTE.
Fuscoe civil fee excludes a CA phase fee, which will be billed hourly NTE utilizing the remaining CA
budget from original contract.
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RIOS.com
Los Angeles 3101 West Exposition Place, Los Angeles, CA 9001S, US London 4Great Portland Street, 5th Floor West, London W1W SQJ, UK RIOS
Austin 1711 F. Cesar Chavez Street, Suite B, Austin, Tx 7B702, US Singapore 31 Tanjong Pagp ar Road, #02-01, Singapore 022454, SG
Boulder 1950 Sth Street, Boulder, CO 80302, US Shanghai ANKFN Avenue, B-3G, 300 Jiang Chang West Road, Shanghai, CN
Docusign Envelope ID: 358C2907-8737-8327-823E-C74D6AE09DF2
SUBCONSULTANT MANAGEMENT
RIOS to contract directlywith subconsultants and assumes all responsibility for management of
subconsultants and their work product and assures that subconsultants will perform and abide by this
proposal as well as the Consultant Services Agreement executed with Client.
TERMS & CONDITIONS
1. This proposal is conditioned by the existing agreement between Rios, Inc. (RIOS) and City of
Tustin, dated September 08,2021. The terms and conditions of that agreement are incorporated
into this agreement by reference.
Please call if you have any questions regarding this proposal. To authorize us to proceed with this work,
please return a signed copy of this proposal.
I look forward to continuing our work with you on this project!
Sincerely,
RIOS
Mark Motonaga
Creative Director
Client: City of Tustin
Accepted By:
Printed Name:
Title:
RIOS.com
0
Los Angeles 3101 West Exposition Place, Los Angeles, CA 90018, US Landon 4 Great Portland Street, 5th Floor West, Landon W1W 841, UK RIOS
Austin 1711 E. Cesar Chavez Street, Suite B, Austin, TX 78702, US Singapore 31 Tanjong Pagar Road, #02-01, Singapore 088454, SG
Boulder 1920 8th Street, Boulder, CO B0302, US Shanghai ANKEN Avenue, B-3G, 300 Jiang Chang West Road, Shanghai, ON