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HomeMy WebLinkAboutC24820 On-Call Engineering Plan Check ServicesC24820 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize Mayor to Execute Agreement with Harris and Associates for On -Call Engineering Plan Check Services SUBMITTED BY: Mark Greenwood, P.E. City Engineer/Acting Director of Public Works DATE: January 26, 2006 CONTENTS: City Manager's Memo of Authorization Agreement Proposal Recommendation: By minute motion, ratify the City Manager's authorization to hire Harris and Associates to conduct on -call plan check services (supplemental engineering support) up to a maximum of $10,000.00, and authorize the Mayor to execute an agreement for an additional amount up to $30,000.00, for a total authorization not to exceed $40,000.00 Discussion: For some time, Public Works engineering staff has had inadequate resources to effectively review and approve the required plans for the numerous land development projects in the City. With the increased construction activity in the northern area of the City, plans are being submitted at a much higher volume than anticipated. It has been necessary to retain qualified consultants to assist with the technical review of plans submitted to the Public Works Engineering Division. At its July 14, 2005 meeting, City Council authorized the use of four outside vendors to assist with this need. Key positions within the department have been vacated, which has further impacted the Public Works Department's ability to perform plan check review. On December 21, 2005 the City Manager authorized the Public Works Department to hire Harris and Associates, in addition to the consultants approved in July, to conduct plan check services up to a maximum of $10,000.00. It is anticipated that this service will end three months after the vacant positions have been filled. C24820 Harris and Assoc Plan Check Services Page 2 of 2 January 26, 2006 With funding available in the Public Works Professional Services account number 110- 4300-413-3010, staff hereby recommends that the City Council, by minute motion, ratify the City Manager's authorization to hire Harris and Associates to perform on -call plan check services up to a maximum of $10,000.00, and authorize the Mayor to execute an agreement with this consultant up to a maximum of $30,000.00 for a total authorization of up to $40,000.00 and a term of up to 18 months. Department He Mark Greenwood, P.E. City Engineer/ Acting Director of Public Works Approval; Homer Croy ACM for Develodrr nt Services Carlos Orteg City Manager /dhl Paul Gi Directo ce G \PubWorks\Staff Reports t2006\January 26\2 Ratify CM Auth Hire Harns AssocWuthonze Plan Check Servnces Hans and Assocales doc CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Carlos Ortega, City Manager From: Mark Greenwood, P.E., City Engineer/Acting Director of Public Works Date: December 21, 2005 Subject: Request for Supplemental Plan Check Services The resignations of Mike Errante and Benjamin Egan have the potential to negatively impact the ability of the Public Works Department to provide timely and accurate service to the public it serves. In order to minimize this impact and support our ability to be responsive during the recruitment phase to fill open positions, we would like to retain the services of Harris and Associates to provide engineering support to the Public Works Department on a temporary basis for plan check services. Currently Harris & Associates has a contract (Contract No. 23060A) to provide engineering support services. The dollar amount ($450) available on the contract will not support the necessary services. Harris & Associates has provided an hourly rate proposal which is attached for your review. We hereby request your authorization to utilize the services of Harris and Associates for on -call plan check services up to a maximum of $10,000. Funds are available for this in the Professional Services account number 110-4300-413-3010. We will submit a staff report in January requesting ratification of your approval and for approval to extend this authorization for up to a maximum of $40,000 for a term up to 18 months. • Ma reenwood, P.E. .f Cite ngineer/ Acting Director of Public Works Review and Concur: Homer Cloy/ ACM for Ddv Iopment Services Attachmer► /4417 Carlos L. Ortegk City Manager /dhl G:WubWOrksZobra LeenCorreepordenwtOut9o+ngtCprpbted Outgoing Correspondence 2005112-t2.0.5 Memo Carlos Onepe re Hens Assx plan check services MG.doc CONTRACT NO. 24820 AGREEMENT THIS AGREEMENT, made and entered into this 26th day of January, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Harris & Associates , hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, ENGINEER is a corporation, the principal members of which are Professional ENGINEERS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage ENGINEER to render plan check and design review services as set forth in Exhibit "A" (Engineer's Proposal of Services) in connection with the as -needed completion of said services for public and private development projects submitted to the Public Works Department; NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage ENGINEER to perform the plan check and design review services on an as -needed basis. (2) ENGINEER 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. Harris Agreement.doc - sd CONTRACT NO. 24820 (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 ENGINEER without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) ENGINEER 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 ENGINEER 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 ENGINEER to proceed. (7) The ENGINEER 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 ENGINEER shall review and receive the Director of Public Works approval of the details of work as it progresses. The Registered Civil Engineer hereby designated by the ENGINEER as its representative for supervision of the work required by this Agreement is Ahab Gerges, R.C.E. (8) The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the 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, 2 Hams Agreement.doc - sd CONTRACT NO. 24820 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 ENGINEER's services, in the sole judgment of CITY, are unsatisfactory or because of the ENGINEER'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 ENGINEER shall be paid the reasonable value of the services rendered, based upon ENGINEER's standard hourly rates, up to the time of the termination. The ENGINEER 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 ENGINEER pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of ENGINEER. In the event CITY and ENGINEER permit the re -use or other use of the plans, specifications, reports or other design documents, CITY shall require 3 Hams Agreement.doc - sG CONTRACT NO. 24820 the party using them to indemnify and hold harmless CITY and ENGINEER regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to ENGINEER from the plans, specifications, reports and other design documents. (11) The ENGINEER 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 ENGINEER shall be made except by supplemental authority in writing between CITY and the ENGINEER. 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 ENGINEER, if any. (13) In connection with the execution of this Agreement, the ENGINEER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The ENGINEER 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 training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the ENGINEER. (14) The CITY agrees to pay the ENGINEER for the work required by this Agreement on the following basis: 4 Hams Agreement.doc - so CONTRACT NO. 24820 ENGINEER shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $40.000.00 jDollars: Fortv Thousand ONLY). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify ENGINEER of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The ENGINEER agrees to complete the work and submit the Final Design engineering 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 ENGINEER without written consent of the CITY. (18) The ENGINEER shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: 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 5 Harris Agreement.doc - sd CONTRACT NO. 24820 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 ENGINEER 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 ENGINEER further covenants that in the performance of this work no person having any such interest shall be employed by the ENGINEER. (20) The ENGINEER 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 ENGINEER, its agents or employees, while engaged in the performance of this Agreement. The ENGINEER shall submit to CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for "errors and omission" 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" (Engineer's Proposal of Services, and any written modifications thereto). 6 Harris Agreement.doc - sd CONTRACT NO. 24820 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. THE CITY OF PALM DESERT Municipal Corporation Jim Ferguson, Mayor DATE: ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO CONTENT: {ENGINEERING FIRM} Authorized Signature DATE: MARK GREENWOOD, P.E. CITY ENGINEER/ACTING DIRECTOR OF PUBLIC WORKS DAVID J. ERWIN, CITY ATTORNEY Hams Agreemenl.doc - sd CONTRACT NO. 24820 EXHIBIT "A" ENGINEER'S PROPOSAL OF SERVICES Harns Agreement.doc - sd November 10, 2005 Mr. Mark Greenwood, P.E. City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Harris & Associates Program Managers Construction Managers Civil Engineers Subject: On -Call Plan Checking Services for the City of Palm Desert Dear Mark, Harris & Associates is pleased to be considered to assist the City of Palm Desert by performing On -Call Plan Civil Checking Services. We have the staff, experience, and resources to assist the City on an on -call basis. Per our telephone discussion, we have enclosed a copy of our hourly rates for your consideration. Fees would be invoiced monthly based on the actual hours of work completed. Our services would be accomplished per a contract with the City and all terms and conditions would be stated therein. We appreciate the continued opportunity to work with the City of Palm Desert. If you have any questions, please do not hesitate to contact me. Sirfci ke t Ehab S. Gerges, P.E. Associate/Design Manager CC: Romiro Herrera 74-333 Highway 111, Suite 101, Palm Desert, California 92260 (760) 837-9412 FAX (760) 837-9487 www.harris-assoc.com Harris & Associates HOURLY RATES Effective January I - December sl, gooG" CIVIL ENGINEERING PLAN CHECK GROUP HOURLY RATE Project Managers/Sr. Plan Checkers (Registered Civil Engineer) $120 Sr. Plan checkers 115 Administration 60 `Notes: 1. Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective and apply to this contract on January 1, 2006. 2. Unless otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computer and telephone), and printing and copying (except large quantities such as construction documents for bidding purposes). 3. Billing rates for independent contractors and hourly employees are determined on a case -by -case basis. 4. All subconsultent services are subject to a 10% markup. RECEIVED 14 2M5 ,5 i ft,arris & Associates