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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 EXHIBIT 1 Agreement for the Services by and between The City of Temple City and David Volz Design Landscape Architect, Inc. (See Attached) EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1