HomeMy WebLinkAboutC22800 Harris & Associates - Corp Yard Expansion 715-00 & Pump Station at Civic Center Park 720-01REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. C 22800 to Harris and Associates, for
Project Management of the Corporation Yard Expansion and
the Irrigation Pump Station at Civic Center Park
SUBMITTED BY: Mark Greenwood, P.E., City Engineer
APPLICANT: Harris & Associates
34 Executive Park, Suite 150
Irvine, California 92614-4705
DATE: May 27, 2004
CONTENTS: Agreement
Vicinity Map
Recommendation:
By Minute Motion:
1. Award Contract No. C 22800 for the project
management of the Corporation Yard Expansion
(Project 715-00) and the Irrigation Pump Station at
Civic Center Park (Project 720-01), to Harris &
Associates, Irvine, California, in the amount of
$169,000.00,
2. Authorize a contingency, to Contract No. C22800 , in
the amount of 16,900.00.
3. Authorize the Mayor to execute the said contract.
Discussion:
In the 2003-2004 budget City Council set aside funds for the design and
construction of a new pump house, deep well pump, and irrigation pumps for the
well site at the Civic Center Park. Included in that project are funds for a new
central irrigation water control system. The existing central control system has
deteriorated considerably over the past year, which has resulted in higher repair
cost each year.
Staff Report -Award Contract for Construction Mgmt to Harris & Associates
Page 2of2
May 27, 2004
Consequently, staff has advertised for proposals for a new central irrigation
control system that will help reduce the maintenance cost. On February 12, 2004
the City Council authorized purchase of a new controller from Calsense.
On July 19, 2001, City Council approved Contract No. C19250, between David
Evans and Associates, for design engineering relating to the Corporation Yard
Expansion.
We are now in a position with both of these projects to proceed with construction.
Staff requested proposals for Construction Management and received responses
from the following firms:
Harris & Associates (Irvine, California)
Tetra Tech, Inc. (Irvine, California)
The Keith Companies (Palm Desert, California)
After carefully reviewing the qualifications of these firms in the context of the
project requirements, staff recommends the contract be awarded to Harris &
Associates. After selection of a candidate based upon qualification, cost
estimates were opened and the proposal amount from Harris & Associates was
in relation to the cost value of these projects.
Funds are available in the following project accounts numbers:
• Civic Center Well Site Account No. 400-4674-454-4001
• Corp Yard Account No. 231-4330-413-4001
Therefore, staff recommends that City Council, by minute motion, award Contract
No. C22800 for Project Management of the Corporation Yard Expansion and the
Irrigation Pump Installation to Harris & Associates, of Irvine, California, in the
amount of $169,000.00, authorize a contingency in the amount of $16,900.00,
and authoriz the Mayor texecute the same.
Sub l e
Mark Greenwood, P.
City Engine-r Director of Public Works
City Manager
/cls
Michael Errante, P.E.
nt Services Finance Director
G:1PubWorks\Staff Reports120041May 271STAFF REPORT -Project Management 720-01 & 715-00.dot
CONTRACT NO, C22800
AGREEMENT
THIS AGREEMENT, made and entered into this
27th day of
May,
2004, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY" and Harris and Associates, Inc., hereinafter referred to
as "CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional CONSULTANTING services as set forth in Exhibit "A"
(CONSULTANT'S Proposal of Services) in connection with Project: Corporation Yard
Expansion and Installation of the Irrigation Pump at Civic Center Park.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(2) CONSULTANT shall perform all work necessary within the
schedules provided herein to complete the services set forth in Exhibit "A" attached
hereto and by reference incorporated herein and made a part hereof.
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CONTRACT NO. C22800
(3) All information, data, reports and records and maps as are existing
and available from the CITY and necessary for the carryings out of the work outlined in
Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and
CITY shall cooperate in every way reasonable in the carrying out of the work without
delay.
(4) CONSULTANT represents that, it employs or will employ at its own
expense, all personnel required in performing the services under this Agreement.
(5) All of the services required hereunder will be performed by
CONSULTANT or under its direct supervision, and all personnel engaged in the work
shall be qualified and shall be authorized or permitted under state and local law to
perform such services.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Public Works has not
authorized CONSULTANT to proceed.
(7) The CONSULTANT shall work closely with the CITY's Director of
Public Works, or his designated representative, who shall be the principal officer of the
CITY. The CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The Registered Civil CONSULTANT
hereby designated by the CONSULTANT as its representative for supervision of the
work required by this Agreement is David Seevers. R.C.E. No. 47824.
(8) The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the
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CONTRACT NO. c22800
consultant, to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this
Agreement without liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
(9) The right is reserved by the CITY to terminate the Agreement at
any time upon seven (7) days written notice, in the event the project is to be abandoned
or indefinitely postponed, or in the event the CONSULTANT'S services, in the sole
judgment of CITY, are unsatisfactory or because of the CONSULTANT'S failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the CONSULTANT shall be paid the reasonable
value of the services rendered, based upon CONSULTANTS standard hourly rates, up
to the time of the termination. The CONSULTANT shall keep adequate records to
substantiate costs and provide copies of original timecards in the event of termination or
suspension.
(10) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY. CITY acknowledges and agrees that all plans, specifications, reports and other
design documents prepared by CONSULTANT pursuant to this agreement shall be
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CONTRACT NO. c22800
used exclusively on this project and shall not be used for any other work without the
written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-
use or other use of the plans, specifications, reports or other design documents, CITY
shall require the party using them to indemnify and hold harmless CITY and
CONSULTANT regarding such re -use or other use, and CITY shall require the party
using them to eliminate any and all references to CONSULTANT from the plans,
specifications, reports and other design documents.
(11) The CONSULTANT shall comply with all federal, state and local
laws, ordinances and regulations applicable to work.
(12) No change in the character or extent of the work to be performed
by the CONSULTANT shall be made except by supplemental authority in writing
between CITY and the CONSULTANT. The supplemental authority shall set forth the
changes of work, extension of time and adjustment of the fee to be paid by CITY to the
CONSULTANT, if any.
(13) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The CONSULTANT
shall take affirmative actions to insure equal employment opportunity and that
employees are treated during their employment without regard to their race, religion,
color, sex or national origin. Such actions shall include, but not limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay, or other forms of compensation and selection for
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CONTRACT Na C22800
training, including apprenticeship. This clause shall be included in each related
subcontract, if any, awarded by the CONSULTANT.
(14) The CITY agrees to pay the CONSULTANT for the work required
by this Agreement on the following basis:
CONSULTANT shall submit invoices monthly for services performed in
the previous month not to exceed the total contract amount of: $169,000.00 no/100
(Dollars: One Hundred Sixty-nine thousand and no/100 ONLY). CITY agrees to pay
all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify
CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice.
(15) The CONSULTANT agrees to complete the work and submit the
Final Design CONSULTANTING phase as displayed in Exhibit "A".
(16) In the event that any judgment is entered in any action upon this
Agreement, the party hereto against whom such judgment is rendered agrees to pay the
other party an amount equal to the reasonable value of the legal services performed in
his or its behalf in such action and that such amount may be added to and made a part
of such judgment.
(17) This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned by the CONSULTANT without written consent of
the CITY.
(18) The CONSULTANT shall be an independent contractor, not an
employee of the CITY.
(19) Prohibited interests are as follows:
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CONTRACT NO. C22800
No officer, member or employee of the CITY during his tenure or one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non -contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such
information will be made in writing to the other party or parties, even if such interest
would not be considered a conflict of interest under applicable laws.
The CONSULTANT hereby covenants that he has, at the time of this
Agreement, no interest, and that he shall not acquire any interest in the future, direct or
indirect, which would conflict in any manner or degree with the performance of services
required to be performed pursuant to this Agreement. The CONSULTANT further
covenants that in the performance of this work no person having any such interest shall
be employed by the CONSULTANT.
(20) The CONSULTANT shall indemnify and save harmless the CITY,
its officers and employees from and against any liability, loss, cost or expense resulting
from any injury or damage to persons or property caused by the negligent acts or
omission of the CONSULTANT, its agents or employees, while engaged in the
performance of this Agreement. The CONSULTANT shall submit to CITY, prior to the
Notice to Proceed is issued, certification of adequate coverage for "errors and omission"
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CONTRACT NO. C22800
insurance in amounts approved by the City Attorney. Any such insurance shall not be
canceled prior to written notice to and approval from the CITY.
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(c) Exhibit "A" (CONSULTANT'S Proposal of Services, and any
written modifications thereto).
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT Company Name
Municipal Corporation
Robert A. Spiegel, Mayor
Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Michael Errante, P.E.
Director Of Public Works
David J. Erwin, City Attorney
Authorized Signature
Date:
G:\PubWorks\PROJECTS\720-01\ContractslAGREEMENT CONSULTANT Harris & Assoc..doc
CONTRACT NO. C22800
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
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11
Harris & Associates
April 28, 2004
Attn: Mike Errante
Palm Desert Public Works department
Director of Public Works
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA. 92260-2578
RE: Request for Proposal
Subject: Irrigation Pump Station/City Corporation Yard
Program Managers
Civil Engineers
Construction Managers
Mr. Errante,
In accordance with our mutual review of our initial cost proposal dated 07NOV03
yesterday, 28APR04, and upon a follow up telephone conversation with Spencer Knight
today, our cost proposal has been revised as follows:
Irrigation Pump Station:
• Add: Pre -construction Services.
• Construction duration of four (4) months.
• Project Inspector at an (80) hour per month effort.
• Construction Manager at (20) hour per month effort.
• Delete Project Manager monthly effort, to be performed by City Project Manager
City Corporate Yard Renovation and Expansion
• Add: Pre -Construction Services
• Construction duration of ten (10) months
• Project Inspector at an (80) hour per month effort
• Construction Manager at (20) hour per month effort
• Project Manager at (8) hour per month effort, as needed.
In response to the inspector hourly rates, the amounts include all company expenses such
as; vehicles, office supplies and administration, any and all incidentals. Our firm rates
are based on the salaried cost for personnel whether it is a prevailing wage project or not.
If you should have any questions or require additional information, contact me at your
earliest convenience.
Sincerely,
HARRIS & ASSOCIATES
Ramiro S. Herrera, Jr.
Associate/Project Manager
File: H&A.PDPWD.RFP.CM. Rev.1
Total Construction Management and Inspection Services
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