Loading...
11-13-2018 CC Rpt 19COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: NOVEMBER 13, 2018 FROM: CITY MANAGER ITEM NO:19 SUBJECT:AWARDING DESIGN CONTRACT FOR THE TORREY PINES PARK MODIFICATION PROJECT RECOMMENDATION: Authorize execution of a Professional Services Agreement with Architerra Design Group, Inc. in a not-to-exceed amount of $52,971 for the preparation of conceptual and design plans, special provisions, and estimates (PS&E) along with construction support services for the Torrey Pines Park Modification Project. BACKGROUND/ANALYSIS: The Torrey Pines Park Modification Project, hereinafter referred to as "Project," is located at 5011 Torrey Pines Drive in the City of Chino Hills and is part of the approved FY 2018-19 Capital Improvement Program (CIP) budget for Parks/Open Space. The Project includes, but is not limited to, the following: removal of the existing equestrian corral/arena and octagon picnic shelter and replacement with a full-size tennis court and an age-appropriate tot lot play area for ages 5 to 12 years; re-striping of the existing parking lot, and modification of the park's landscaping and irrigation system along with security lighting. On April 4, 2018, a Request for Proposals (RFP) was issued for professional services for the Project. The City received a total of eight (8) proposals in response to the RFP. Each response was reviewed and ranked. The following three firms scored the highest from which Architerra Design Group, Inc. (Consultant) was selected. Architerra Design Group, Inc. RJM Design Group David Volz Design Consultant services in the Professional Services Agreement sought under the not-to- exceed amount of $52,971 includes, but is not limited to: 1. Review and documentation of existing conditions and constraints; 2. Topographic Survey of existing site conditions -- including landscape features and identification of species and size; 3. Preparation and submittal of a photometric illumination plan and calculations; 4. Preparation and submittal of conceptual and design plans, special provisions and estimates; 5. Preparation and submittal of a project specific Water Quality Plan to address the inclusion/addition of impervious surface area; 6. Presentation to Parks Commission and Council if needed; 7. Responding to bidders; 8. Responding to and reviewing Contractor submittals; and 9. Preparing as-built/record drawings. 127/211 ENVIRONMENTAL (CEQA) REVIEW: The subject activity (Agreement for Professional Services) does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if a project for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guideline Section 15061(b)(3). FISCAL IMPACT: The total estimated cost for this project is as follows: Item DescriptionItem Description AmountAmount Design, Contract and Project Management $ 64,000 Construction Contract $240,000 Contingencies (10%)$ 24,000 Construction Management $ 22,000 TotalTotal $350,000$350,000 Funding for this project will come from the following source: Project No.Project No.Funding SourceFunding Source AmountAmount P18004 Capital Improvement Fund $ 350,000 The total approved budget for this project is $350,000 with funding coming from a General Fund transfer. REVIEWED BY OTHERS: This item has been reviewed by the Community Services Director, Finance Director and the City Attorney. Respectfully Submitted,Recommended By: Attachments Location Map - Project Site Architerra Agreement 128/211 TORREY PINES PARKLOCATION MAP ±TORREY PINES DRTORREY PINES PARK PETERSON STAV E N A L C T LO S S E R R A N O S C C D R 129/211 130/211 131/211 132/211 133/211 PSA Page 5 of 11 Torrey Pines Park Modification Project "lndemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify and hold harmless the lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, levies, costs and expenses of whate ver nature, including reasonable attorneys' fees, expert witness fees and disbursements (“Claims”), to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to d efend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to binding arbitration to determine the Con sultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City; Consultant and City shall each pay half the arbitrator’s fees. Notwithstanding the above, in the event one or more defendants to a Claim is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with the City regarding unpaid defense costs. (c)Defense For All Non-Design Professional Liabilities. Notwithstanding the foregoing and without diminishing any rights of the City under Section 14(c), for any liability, claim, demand, allegation against City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Indemnitees from and against any and all damages, costs, expenses (including reasonable attorneys’ fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Consultant, except for the sole or active negligence of, or willful misconduct of the City. (d)The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be indemnified or defended as called for in this Section 14. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b) and (c), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14 shall survive the expiration or earlier termination of this agreement. 134/211 135/211 136/211 137/211 138/211 139/211 140/211 141/211 142/211 143/211 144/211 145/211 146/211