HomeMy Public PortalAbout09) 9B Amendment to Agreement with David Volz for Primrose Park Design - Staff Report
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: August 4, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Adam Matsumoto, Director of Parks and Recreation
SUBJECT: ADDITIONAL SCOPE OF SERVICES AND FEES FOR PROFESSIONAL
SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR PRIMROSE
PARK PROJECT
RECOMMENDATION:
The City Council is requested to approve the additional scope of services and fees for the
Professional Services Agreement with David Volz Design for the Primrose Park Project.
BACKGROUND:
1. In January 2019, the City Council authorized pre -development activities for a new
park and parking lot at the City-owned properties located at 5922 and 5934 Primrose
Avenue (Primrose properties).
2. On May 7, 2019 the City Council approved to enter into a Professional Services
Agreement with David Volz Design for the development of design plans and
construction documents for the Primrose Park Project.
3. On February 25, 2020 the California Department of Parks & Recreation publicly
announced Temple City was awarded $2.9 million for Primrose Park (Proposition 68
Grant).
4. On April 1, 2020 the State received the signed Primrose Park Development contract
from the City.
5. On May 19, 2020 the City Council approved the addition of a custom restroom and
storage facility to the Primrose Park Project along with required addition of vehicle
charge stations.
6. On July 24, 2020 the Facilities, Public Works and Infrastructure Standing Committee
reviewed the request by David Volz Design for additional scope of services and fees.
City Council
August 4, 2020
Page 2 of 3
ANALYSIS:
On May 7, 2019 the City Council approved a Professional Services Contract with David
Volz Design. The agreement covered the development of design plans and construction
documents for the Primrose Park Project. At the time of the agreement, the Primrose Park
Project was in its infancy stages. The project scope and scale has since increased due
to feedback from the community, the securing of the Proposition 68 grant in the amount
of $2.9 million dollars and the recent addition of new park amenities.
With the increase in the scope of the project, David Volz Design (DVD), reached out to
the City to request an expansion of the agreement to increase fees. Currently the
agreement total is $139,279 which covers conceptual plan design, construction
documents and support for the bidding and construction phase . DVD is requesting an
increase in fees of $56,000 which is outlined in Attachment “A” and can be found below:
Additional Scope of Services and Fees Proposal
A. Work, this year to date, that was not a part of our original proposal, including
working with the standing committee and city staff, presentations assistance,
concept refinement, and council meeting (52 hours).
$12,200
B. Construction drawings added work includes new restroom architectural package
(architect, structural, plumbing, title 24 calcs), utilities, electrical for building and EV
charge station, more shade, and a higher level of design detailing and elements in
line with the generous grant budget. These figures include Project Management
and sub-consultant mark-up.
Park Design – added time 80 hours $13,000
Electrical Engineering $2,300
Civil Engineering $3,000
Architect, Structural, Plumbing, title 24 calcs $19,000
Total for Construction Drawings Additional Services $37,300
C. Construction Period Services, additional time during construction including
submittal and RFI reviews and three architect reviews, allow 30 hours.
$ 6,500
TOTAL ADDITIONAL FEE REQUEST $56,000
The increase in the scope of services include park amenity add -ons like the custom
restroom and storage facility and new State required park elements such as sustainability
features and two (2) EV charge stations. City staff have consulted with Project Man ager
Ali Cayir of Transtech regarding the increase in scope. Both the City and the Project
Manager are in agreement that the increase in fees are justified with the increase in
City Council
August 4, 2020
Page 3 of 3
project scope. The expanded scope of services will ensure the Primrose Park Pro ject is
built to meet the high quality and standard for the community.
With the additional request, the total dollar amount of the Professional Services Agreement
with DVD would be $195,279. Typically, industry standards for architectural and design
costs for construction projects are between 8%-10% of construction costs. As a local
comparison, Los Angeles County, who also manages and builds new park projects, has a
similar allowance for architectural and design costs. The construction costs for the Primrose
Park Project is projected to be $2,200,000. The current design cost increase requested by
DVD represents 8.9% of the total construction costs of the project.
On July 24, 2020 the Facilities, Public Works and Infrastructure Standing Committee
reviewed this item. After review and discussion, the Standing Committee is
recommending the City Council approve the increase in scope of services and fees for
DVD.
CITY STRATEGIC GOALS:
The Primrose Park Project will further the City's Strategic Goals of Quality of Life and
Sustainable Infrastructure.
FISCAL IMPACT:
If approved, there will be a $56,000 increase in the Professional Services Agreement with
DVD for the Primrose Park Project. The increase will be absorbed into the Proposition 68
grant amount of $2.9 million dollars. The increase will not impact the General Fund or other
funding sources.
ATTACHMENTS:
A. David Volz Design Request for Additional Scope of Services & Fees
B. First Amendment to Services Agreement Between City and David Volz Design
May 28,2020
Adam Matsumoto
Parks and Recreation Manager
City of Temple City
9701 E Las Tunas Drive
Temple City, CA 91780
RE: ADDITIONAL SCOPE OF SERVICES AND ADDITIONAL FEES REQUEST FOR CONSTRUCTION
DOCUMENT PREPARTION FOR THE STATE GRANT PROGRAM FOR PRIMROSE PARK, CITY
OF TEMPLE CITY
Dear Mr. Matsumoto,
David Volz Design proposes the following expanded additional scope of services to address finalizing
the design for the project.
Additional Scope of Services and Proposed Added Fees
A.Work, this year to date, that was not a part of our original proposal,
including working with the standing committee and city staff, presentations
assistance, concept refinement, and council meeting (52 hours)$12,200
B.Construction drawings added work includes new restroom
architectural package (architect, structural, plumbing, title 24 calcs), utilities,
electrical for building and EV charge station, more shade, and a higher level
of design detailing and elements in line with the generous grant budget.
These figures include Project Management and sub-consultant mark-up.
Park Design – added time 80 hours $13,000
Electrical Engineering $ 2,300
Civil Engineering $ 3,000
Architect, Structural, Plumbing, title 24 calcs $19,000
Total for Construction Drawings Additional Services $37,300
ATTACHMENT A
C. Construction Period Services, additional time during construction including
submittal and RFI reviews and three architect reviews, allow 30 hours $ 6,500
TOTAL ADDITIONAL FEE REQUEST $56,000
I trust these additional services will be well received and justifiable based upon the grant funded
enhanced park project now envisioned at Primrose Park. I would be happy to review any of these items
with you. Please call with any questions.
Very truly yours,
DAVID VOLZ DESIGN
David J. Volz, L.A. # 2375
LEED Accredited Professional, QSD/QSP
FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF TEMPLE CITY, A MUNICIPAL CORPORATION
AND
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
Dated August 4, 2020
ATTACHMENT B
FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES
This First Amendment to the Agreement (“First Amendment”), which is dated August 4,
2020, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter
city (“City”), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. (“Design
Professional”), as follows:
RECITALS
A. City and Design Professional entered into an agreement for services (“Agreement”) on
May 7, 2019. The agreement provides that the Design Professional provide concept plan
development, construction document preparation and bidding & construction support.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this First Amendment, which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE:
Subject to the provisions of this Agreement, City agrees to add the following additional
scope of services:
A. Work, this year to date, that was not a part of our original proposal, including
working with the standing committee and city staff, presentations , assistance, concept
refinement, and council meeting (52 hours) $12,200
B. Construction drawings added work includes new restroom architectural package
(architect, structural, plumbing, title 24 calcs), utilities, electrical for building and EV
charge station, more shade, and a higher level of design detailing and elements in line
with the generous grant budget. These figures include Project Management and sub-
consultant mark-up.
Park Design – added time 80 hours $13,000
Electrical Engineering $ 2,300
Civil Engineering $ 3,000
Architect, Structural, Plumbing, title 24 calcs $19,000
Total for Construction Drawings Additional Services $37,300
C. Construction Period Services, additional time during construction including submittal
and RFI reviews and three architect reviews, allow 30 hours $6,500
TOTAL ADDITIONAL FEE REQUEST $56,000
SECTION 4. COMPENSATION AND METHOD OF PAYMENT: Subject to the
provisions of this Agreement, City agrees to pay Design Professional an additional
$56,000 for a total compensation of $195,279.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except specifically modified and amended in this First
Amendment, the Agreement remain in full force and effect and binding upon the parties.
2.2 Integration. This First Amendment consists of pages 1 to page 24 inclusive, which
constitute the entire understanding and agreement of the parties and supersedes all negotiations
or previous agreements between the parties with respect to all or any part of the transaction
discussed in this First Amendment.
2.3 Effective Date. This First Amendment shall not become effective until the date it has
been formally approved by the City Council and executed by the appropriate authorities of the
City and Contractor.
2.4 Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this Third Amendment.
2.5 References. All references to the Agreement include all their respective terms and
provisions. All defined terms utilized in this First Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this First Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
CITY: THE CITY OF TEMPLE CITY
Bryan Cook, City Manager
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Gregory Murphy, City Attorney
CONTRACTOR:
David Volz Design Landscape Architect, Inc.
By: _______________________________
Name: _________________________
Title: __________________________
By: _______________________________
Name: _________________________
Title: __________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20 , before me.
Date
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted. executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACITIES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Partner(s)
Title(s) Title or Type of Document
Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20 , before me,
Date
personally appeared
}
}
Name And Title Of Officer (e.g. "Jane Doe, Notary Public')
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signatures) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACITIES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Partner(s)
Title(s) Title or Type of Document
Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Cr Entity(ies)
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
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Agreement for the Services by and between
The City of Temple City and David Volz Design Landscape Architect, Inc.
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