Agenda Item A.9
CONSENT CALENDAR
Meeting Date: June 18, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Jaime A. Valdez, Assistant City Manager
PREPARED BY: JoAnne Plummer, Parks and Recreation Manager SUBJECT: Award of Professional Design Services Agreement to KTU&A for the Development of Construction Documents for Stow Grove Park RECOMMENDATION:
A. Approve the scope of work designated to encompass Phase One of the Stow Grove Park Renovation for the development of construction documents; and B. Award a Professional Design Services Agreement to KTU&A for the development of construction documents for Stow Grove Park Phase 1 in an amount not-to- exceed $516,720 with a term ending June 30, 2027; and
C. Authorize staff to evaluate and apply, if deemed appropriate, for three different upcoming funding opportunities for watershed benefits in the design and construction of the Stow Grove Park Renovation.
BACKGROUND:
In December of 2023, the City of Goleta City Council adopted the Master Plan and the Mitigated Negative Declaration for Stow Grove Park. This critical step in the project has allowed the City of Goleta to advance to developing construction documents and selecting a playground vendor for the Stow Grove Park Renovation.
In February of 2024, City Council adopted Resolution No. 24-06 entitled “Resolution of the City Council of the City of Goleta, California, Approving Application(s) for Specified Grant Funds from the Budget Act of 2023, 19.561(b)(25) City of Goleta Stow Grove Park Playground.” This authorized the City Manager to execute a grant agreement for $750,000 in grant funding through the State of California Capital Projects Specified Fund, thanks to t he assistance of Senator Monique Lim ón and Assembly member Greg Hart.
This funding is specific to the City’s first universal playground and requires the playground to be opened to the public no later than December 30, 2026. 1 Meeting Date: June 18, 2024
In March of 2024, staff issued a Request for Proposals for Development of Plans, Specifications, Cost Estimates, and Construction Documents for Stow Grove Park (RFP).
Proposals were opened on April 8, 2024. Six proposals were received and evaluated, with two moving forwa rd to the interview process for final selection. Following the final selection interviews, the evaluation team recommended KTU&A as the most responsive and qualified to meet the needs of the City of Goleta for this project.
DISCUSSION:
The Master Plan for Stow Grove Park initially identified three different phases. Phase One included the parking lot, maintenance yard, caretaker cottage, and adjustments to grading and drainage in this area. Phase Two included the multi-purpose field and the BBQ Areas, and Phase Three included the newly anticipated all -inclusive playground in the southern section. Given the aggressive timelines for the grant funding from the State of California, the universal playground must be incorporated into Phase One of the project. Due to the necessary infrastructure improvements required to address the drainage and parking lot, there are no reasonable or flexible options for modifying the order of the phases for this project.
Phase One has been redefined to include the following: the parking lot, the new entrance for maintenance vehicles, the walkway from the parking lot to the playground, the new playground, the new restroom , and the maintenance yard. The caretaker cottage is currently under evaluation . While staff continues t o explore options for this structure, it has been excluded from Phase One but included in the contract as an opt ional item for conceptual phase development. The remodeling of the existing restroom has been included in the contract as an optional item for design development. Should the Council decide to include the existing restroom in Phase One, additional funds would be required to develop the construction documents from the design development phase (30%) to the construction document phase (100%). A di agram of Phase One is included as Attachment 1.
As mentioned previously in this report, KTU&A was selected as the most responsive and qualified vendor for this project after a competitive solicitation, evaluation , and interview process. The Professional Design Services Agreement, with the defined scope of work and costs, is included as Attachment 2. The scope of work for this agreement includes the full construction documents for Phase One elements, design development (otherwise known as 30% construction documents) for the remainder of the park and optional items to include a conceptual design for the caretaker cottage, the soils report , and biological monitoring. The development of construction documents, City review, and construction requires an aggressive timeline to meet the grant funding requirements. This timeline is referenced in Exhibit C of Attachment 2.
A significant portion of the renovation of Stow Grove Park is unfunded, but staff continues to seek alternative funding options. Goleta Parks provide significant opportunities to further Creek and Watershed Management Program goals to improve watershed health and mitigate climate change impacts. Stow Grove Park is in a groundwater recharge zone and presents opportunities to improve both surface and groundwater health. Located in 2 Meeting Date: June 18, 2024
the same San Pedro drainage catchment, Stow Grove Park can help improve water quality in our valued Old Town, an area that experiences disproportionate environmental impacts. It is requested that staff evaluate options a nd apply for grants to construct the project in a way that promotes any of the following: water filtration, infiltration and groundwater/creek recharge, stormwater capture and flood mitigation, and water reuse.
This may involve the installation of subgrade features, but any additional features will not affect environmental findings or proposed Recreation Amenities associated with the Master Plan.
Staff recommends the inclusion of this project in a variety of grant applications, including the Central Coast Community Water Quality Grants Program, administered by the Rose Foundation; the WaterSMART Cooperative Watershed Management Program Phase 1 Grant, administered by the Bureau of Reclamation; and Coastal Conservancy General Grants. Should any of these gran t applications require a match beyond current allocations, or an ongoing commitment outside of existing restrictions, staff will return to Council for consideration prior to applying.
GOLETA STRATEGIC PLAN:
City-Wide Strategy:
2. SUPPORT COMMUNITY VITALITY AND ENHANCED RECREATIONAL
OPPORTUNITIES
9. ENSURE EQUITY, INCLUSION, AND ACCESS IN CITY PROGRAMS, SERVICES,
AND ACTIVITIES
Strategic Goal:
2.2. Strategic Goal: Support programs that enhance the quality of life in the Goleta community such as recreation, public safety, human services, and cultural arts FISCAL IMPACTS:
The information below is related to the current funding allocated this fiscal year (2023/24).
Fund Type Account Approved
Allocations
Total Appropriation/not
to exceed amount
Requested
Total Not To
Exceed
Amount
Parks DIF
(Design)
221-90-
9074-
57070
$506,170 $0 $506,170
Parks DIF
(Construction)
221-90-
9074-
57071
$710,000 $0 10,550
Total $1,216,170 $0 $516,720
In Fiscal Year 2024/25 there is an additional $3.5 million in the Parks DIF allocated to the construction of this project, in addition to the $750,000 in the grant from the State of 3 Meeting Date: June 18, 2024
California funding. In summary, the cumulative total for the project acros s all phases is estimated at $9.45M, resulting in an unfunded amount of approximately $3.75M for future phases.
ALTERNATIVES:
City Council may choose not to support one or more of the recommendations provided in the staff report, which may have an impac t on the tight timeline of this project, which is directly related to the secured funding for the universal playground.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Stow Grove Park Renovation Phase One Site Plan
2. Professional Design Services Agreement with KTU&A for the Development of Construction Documents for the Stow Grove Park Renovation 4 ATTACHMENT 1
Stow Grove Park Renovation Map Phase 1
5 6
ATTACHMENT 2
Professional Design Services Agreement with KTU&A
7 City of Goleta
Neighborhood Services Department and KTU&A
Project Name: S tow Grove Park Renovation
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
BETWEEN THE CITY OF GOLETA
AND
KTU&A
Th
is AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein
referred to as “AGREEMENT”) is made and entered into this ________ day of June, 20 24, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), and KTU&A, a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional design services for the development of construction documents for the renovation of Stow Grove Park; and
2. The C
ITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The
CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260; and
4. Th
e City Council, on this 18th day of June, 2024, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SE
CTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT , and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.
CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Design Se rvices in conjunction with Landscape and Architectural Services shall generally include development of construction plans and specifications for phase one of the Stow DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 8 City of Goleta
Neighborhood Services Department and KTU&A
Grove Park Renovation as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. CO MPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $516,720 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT 's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2027, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 ( CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) P
ayment . CONSULTANT shall provide CITY with written
verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY 's Project Manager , as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 9 City of Goleta
Neighborhood Services Department and KTU&A
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY 's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is JoAnne Plummer . Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. T ERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2027 unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. All services shall be completed a ccording to the schedule for delivery of services attached as Exhibit “C” and incorporated herein.
7. O WNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT 's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY . CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY . CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT , unless written authorization of CONSULTANT is first obtained.
8. P
ERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Chris Langdon is deemed to be specially experienced and is a key member of CONSULTANT' s firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 10 City of Goleta
Neighborhood Services Department and KTU&A
9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT .
CONSULTANT’s duty to defend 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 mediation with a third party neutral to determine the CONSULTANT ’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY , 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 CITY , its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney 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 CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A - or better, Class V II or better, or as otherwise approved by CITY.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 11 City of Goleta
Neighborhood Services Department and KTU&A
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non- owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non- owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY , its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 200 4, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 12 City of Goleta
Neighborhood Services Department and KTU&A
d) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY .
Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY . CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT . CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY . CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 13 City of Goleta
Neighborhood Services Department and KTU&A
unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY 's review of CONSULTANT 's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY 's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT , its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT , its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 14 City of Goleta
Neighborhood Services Department and KTU&A
records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT , CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT , the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 15 City of Goleta
Neighborhood Services Department and KTU&A
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.
Among other possible violations of law, a violation of this section exposes CONSULTANT to the penalties provided for in Labor Code Section 1735.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W -9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 16 City of Goleta
Neighborhood Services Department and KTU&A
25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT 'S proposals and submitted representations for obtaining this AGREEMENT , this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 17 City of Goleta
Neighborhood Services Department and KTU&A
TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Chris Langdon, Principal, President KTU&A
3916 Normal Street,
San Diego, CA 92103
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Chris Langdon, Principal, President
ATTEST
_____________________________ _
____________________________
Deborah Lopez, City Clerk Mark Carpenter, Principal, Treasurer
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: C10903A6-3736-46BC-BF58-BDB5AD57AC43 18 EXHIBIT A
KTU&A Scope of Work
19 KTU&A SCOPE OF WORK FOR STOW GROVE PARK RENOVATION
Our scope of services includes tasks as outlined in the RFP and as described below:
TASK 1 – DESIGN DEVELOPMENT
The KTUA team will attend a project kickoff meeting with City staff and conduct a site visit with key design subconsultants to investigate and familiarize us with the existing site. An updated aerial topographic survey and underground utility survey will be prepa red. The topographic survey will include all existing site improvements and the topography survey will be supplemented with ground survey in areas where the aerial survey is obstructed. Current existing trees will be mapped on the survey. We will prepar e Design Development level plans and outline specifications for all aspects of the full park site design scope.
Buildings/structures included in the Design Development package will include the new pre -fab restroom and the existing restroom improvements. A Design Development level construction cost estimate will be prepared. KTUA will work with the City to evaluate the DD cost estimate and begin to develop a phasing plan to identify the phasing plan for three separate implementation phases. We will coordi nate the geotechnical investigations and begin the investigation process once all boring locations are identified.
KTUA also understands that our design team will need to coordinate and work with the City's selected play equipment manufacturer to coordina te the play equipment and surfacing design to be provided by the equipment manufacturer, so that the play improvements are integrated seamlessly into the park design.
KTUA assumes our design team is responsible for all site infrastructure and surrounding hardscape/paving, grading, and drainage needed to support the new play area and that the selected play equipment design will be integrated into the KTUA prepared construction documents.
Optional Concept Design – Existing Caretakers Cottage Improvements KTUA and our architect, PWA will prepare concept level design drawings for the caretaker cottage improvements. The concept will include assumptions for necessary ADA upgrades, fixture upgrades, exterior and interior finishes, siding, and roof improvements . Concept design will include floorplans, elevations, and simple 3-D models. Scope has been included for cost estimating the Concept Design.
Optional Butterfly Roost Impacts Analysis
Our Environmental consultant, Rincon Environmental will provide the design team with insight and guidance regarding primarily Monarch Roosting habitat within the park to ensure potential impacts are avoided and minimized to the maximum extent feasible. If needed, they will review the park improvements at the Construction Document phases to confirm the scale of potential impacts to Monarch Roosting habitat and mature trees is within the limits identified in the Initial Study -Mitigated Negative Declaration developed for the project.
Coordination Meetings
The KTUA team will participate in a virtual project kickoff meeting, a site visit, and two (2) virtual coordination meetings with the City.
Task 1 Deliverables
• Kickoff meeting agenda and meeting minutes
• Design Development documents and outline specifications • Design Development level cost estimate
• Phasing Plan
20 • Geotechnical Investigations and Report
• Optional Existing Caretaker Cottage Concept Design
• Optional Butterfly Roost Impacts Analysis
Task 1 Meetings
• Kickoff Meeting (virtual)
• Site Visit
• Coordination Meetings with City – 2 (virtual)
TASK 2 – CONSTRUCTION DOCUMENTS
Upon approval of the Design Development documents, the KTUA team will begin to advance the drawings for the identified Phase 1 Scope into more developed and refined construction documents progressing through iterative design deliverable stages that will in clude: 60%, 95%, and 100% Final Construction Documents. Each milestone advancement will build on the previous milestone's progress. City and permitting agency review comments will be incorporated at each milestone and a comprehensive set of comment responses will accompany each milestone submittal. The 95% documents will be used for the first City Building Division permit review cycle. KTUA has included a certified CASp review consultant to review the plans for access code compliance. The CASp consult ant will work with the design team throughout the design process to coordinate design and ensure access compliance. A preliminary CASp review letter will be provided with the 95% Building Dept. submittal. Once comments are received from the 95% review cycle, the KTUA team will address all City and Building Dept. comments as well as address any outstanding access compliance issues with our CASp consultant. A 100% resubmittal will most likely be required back the Building Dept. to satisfy all comment revis ions for permitting. A final CASp certification letter will be provided at 100%. KTUA will assemble the final 100% bid set deliverables to the City after successful completion of the Building Dept. review.
Coordination Meetings
KTUA will participate in up to four (4) virtual coordination meetings with the City. KTUA will participate in a Construction Review Meeting with the City if required.
Task 2 Deliverables
• 60%, 95%, 100% Final design deliverables
• Technical Specifications, Reports, and Calculations associated with the construction documents • Cost estimates at 60%, and 100%
• Comment responses for each milestone resubmittal
• CASp certification letters at 95% and 100%
• Stormwater SWQMP
Task 2 Meetings
• Coordination meetings with City – 4 (virtual)
• Participation in a Construction Review Meeting if required
TASK 3 – PERMITTING
The KTUA team will prepare construction documents submittals as outlined in Task 4. The 95% and 100% document milestones will be used for Building Department permit review. KTUA will coordinate with City 21 staff and permitting agencies as needed to help facilitate the review and approval process for the plan check process. KTUA understands the City will be responsible for submission of the permit application and associated plan check fees.
Coordination Meetings
Coordination meetings with City staff and permit agency staff as needed.
Task 3 Deliverables
• Permit plan check submittals at 95% and 100%
• Plan check corrections and clarifications
• Permit plan check comment responses
Task 3 Meetings
• Coordination meetings with City staff and permit agency staff as needed
TASK 4 – BIDDING AND AWARD SUPPORT
KTUA will assist City staff with obtaining City Council approval to bid the Phase 1 plans and specifications as well as assist with compiling the final contract documents and bid package. KTUA will participate in a pre-bid job walk with the bidding contra ctors, answer RFIs, provide clarifications, and produce addenda exhibits as needed during the bidding process. At the completion of the bid process, the KTUA team will prepare a Conformed set of CDs to include all clarifications and changes identified during the bid process.
Task 4 Deliverables
• RFI responses and clarifications
• Bid addenda if needed
• Conformed construction documents for construction
Task 4 Meetings
• Pre-Bid job walk
TASK 5 – CONSTRUCTION SUPPORT SERVICES
The KTUA team will provide construction support services throughout the duration of the construction period. KTUA will attend a pre-construction site meeting at the initiation of the selected contractor's NTP.
The KTUA team will provide submittal reviews and comments, review of the construction schedule, clarifications and responses to RFIs, and change order reviews. KTUA will coordinate with the City's selected playground equipment vendor during construction and installation of the play equipment. Duri ng construction, the KTUA team will provide six (6) site observation visits. Each visit will be followed -up by a site observation report outlining all observations and coordination that occurred during the visit. At the completion of construction, the KTUA team will conduct a punch walk to identify all corrective items prior to the contractor initiating their landscape maintenance and establishment period. A final punch walk will be conducted at the completion of the maintenance period to clear previous punch list items and identify any remaining corrective items.
Task 5 Deliverables
• Submittal reviews and approvals
• RFI responses and clarifications
• Construction changes if needed
22 • Site Observation Reports (KTUA: 6; Anacapa: 1)
• Pre-Final and Final Punchlist walks
Task 5 Meetings
• Pre-Construction site meeting
• Site Observations
• Pre-Final punch walk
• Final punch walk
TASK 6 – PROJECT CLOSEOUT SERVICES
KTUA will assist the City with project closeout services to include review of final owner's manuals and data compiled by the contractor for turnover to the City. The KTUA team will review contractor provide redline as-builts for completeness and accuracy. Up on review of the contractor's redlines, the KTUA team will prepare final record drawings for the project in AutoCAD format.
Task 6 Deliverables
• Contractor redline as-builts review comments
• Final Record Drawings prepared in AutoCAD (pdf and (4) 22 x 34 hardcopy sets) • Bid addenda
Task 6 Meetings
• N/A
FEES:
TOTAL BASIC SERVICES (Not including Reimbursables):
1 KTUA: Landscape Architecture $ 157,130
2 Platt Whitelaw (PWA): Architecture $ 29,246
3 Anacapa: Civil Engineering $ 114,000
4 Anacapa: Structural Engineering $ 3,100
5 Anacapa: Electrical Engineering $ 30,600
6 Soils Engineering Inc. $ 17,300
7 Base Consulting Group $ 72,114
8 Cumming $ 39,230
9 US Access $ 7,920
FEE TOTAL $ 470,640
REIMBURSEABLE COSTS FOR PRINTING $ 1,500
TOTAL $ 472,140
Optional Scope: Caretaker Cottage Concept Design (PWA) $ 14,848 Optional Scope: Caretaker Cottage Cost Est. (Cumming) $ 5,440 Optional Scope: Butterfly Roosting Impacts (Rincon) $ 24,292 (Time & Materials Not to Exceed)
23 Breakdown by Tasks:
TASK 1 – DESIGN DEVELOPMENT
1 KTUA Landscape Architecture $ 50,070
2 Platt Whitelaw Architects $ 29,246
3 Anacapa: Civil Engineering $ 17,650
4 Anacapa: Structural Engineering $ 3,100
5 Anacapa: Electrical Engineering $ 10,500
6 Soils Engineering Inc. $ 17,300
7 Base Consulting Group $ 72,114
8 Cumming $ 10,630
Total $ 210,610
Optional Scope: Caretaker Cottage Concept Design (PWA) $ 14,848 Optional Scope: Butterfly Roosting Impacts (Rincon) $ 24,292 (Time & Materials Not to Exceed)
TASK 2A – 60% CONSTRUCTION DOCUMENTS
1 KTUA Landscape Architecture $ 26,840
2 Anacapa: Civil Engineering $ 31,600
3 Anacapa: Electrical Engineering $ 3,900
4 Cumming $ 12,585
5 US Access $ 1,760
Total $ 76,685
TASK 2B – 95% CONSTRUCTION DOCUMENTS
1 KTUA Landscape Architecture $ 20,865
2 Anacapa: Civil Engineering $ 18,500
3 Anacapa: Electrical Engineering $ 1,700
4 Cumming $ 9,805
5 US Access $ 2,640
Total $ 53,510
TASK 2C – 100% FINAL CONSTRUCTION DOCUMENTS
1 KTUA Landscape Architecture $ 14,395
2 Anacapa: Civil Engineering $ 10,500
3 Anacapa: Electrical Engineering $ 3,600
24 4 Cumming $ 6,210
5 US Access $ 3,520
Total $ 38,225
TASK 3 – PERMITTING
1 KTUA Landscape Architecture $ 4,425
2 Anacapa: Civil Engineering $ 8,700
3 Anacapa: Electrical Engineering $ 3,100
Total $ 16,225
TASK 4 – BID SUPPORT
1 KTUA Landscape Architecture $ 9,745
2 Anacapa: Civil Engineering $ 9,600
3 Anacapa: Electrical Engineering $ 3,100
Total $ 22,445
TASK 5 – CONSTRUCTION ADMINISTRATION
1 KTUA Landscape Architecture $ 25,200
2 Anacapa: Civil Engineering $ 11,550
3 Anacapa: Electrical Engineering $ 2,300
Total $ 39,050
TASK 6 – PROJECT CLOSEOUT
1 KTUA Landscape Architecture $ 5,590
2 Anacapa: Civil Engineering $ 5,900
3 Anacapa: Electrical Engineering $ 2,400
Total $ 13,890
REIMBURSABLE COSTS
• A reimbursable allowance of $1,500 has been identified for printing/delivery of hardcopy deliverables.
• Travel and mileage costs for team members are included in the lump sum design fees.
25 EXCLUSIONS
The following services are not included in the KTUA Design Team’s Fees:
• Site Electrical and Lighting Design (At this time, site lighting scope is not identified) Electrical scope is limited to pedestrian entries at Design Development, and electrical service to new pre- fab restroom at Phase 1 Construction Documents
• Structural design is limited to the Design Development phase that covers all proposed park improvements. It is anticipated that no structural design is needed for the Phase 1 Improvements. • Structural Design for the pre-fab restroom and foundation will be provided by the restroom manufacturer through deferred submittals.
• Environmental studies, services, permits and/or documentation. • Fees
• Meetings not specified in the above Scope of Work
• Environmental sampling and testing of the subsurface soils and groundwater is not included with the scope of this proposal.
• Any required monitoring permits, aside from the boring permit are not included with the scope of this proposal.
• SWPPP Preparation
• Hydrology Study
• Title Report
• Easement Plats or Legal Descriptions
• Potholing
• Franchise Utility Design and Coordination
• Plans for any improvements not specifically described in the Scope of Work • Any applicable taxes
• Any other services not specifically set forth in the above Scope of Work
26 Exhibit 1
27 EXHIBIT B
KTU&A Hourly Rates 2024
28 KTUA HOURLY RATES
Senior Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$205 Principal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190 Senior Associate II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175 Senior Associate I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $155 Associate II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $145 Associate I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135 Senior Designer/Planner II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125 Senior Designer/Planner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$115
Designer/Planner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105 Administration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85
1 . Hourly rates include provisions for normal overhead costs including fringe benefits, office rental, utilities, insurance, clerical services and equipment
.
2 . R
eproduction, blueprinting, long distance telephone calls, travel outside of San Diego County, soil testing and other non-labor direct costs are billed at cost plus 15%
.
3 . Mileage outside of San Diego County will be billed at the
approved IRS rate .
4 . R
ates are valid through December 31, 2024
.
29 EXHIBIT C
KTU&A Schedule for Delivery of Services
30 Stow Grove Park Renovation Schedule for Delivery of
Services
Project Timeline
Design Milestone Duration
Design Development 8 wks + 3 wks Review – July 15 thru Sept 27 2024 60% CDs (Phase 1 scope
only)
6 wks + 3 wks Review – Sept 30 thru Dec 13 2024
95% CDs (Phase 1) 6 wks - Dec.15 – Jan. 31 (excl xmas week) 2024 Permitting 4 wks – Feb 3 thru Feb 28 2025
100% CDs (Phase 1) 4 wks + 4 wks review/backcheck Mar 3 thru Mar 28 2025
Bid / Award Support 45-day bid + 6 wks award/contract Mar 28 thru June 27 2025
Construction Support 365 days – June 30 2025 thru June 30 2026 Project Closeout 6 wks – July 1 thru August 12 2026
31