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Home My WebLink AboutC25420C 2nd Phase Const. Mgmt Svcs - Section 29 ADREQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C25420C for Construction Management for the Second Phase of Section 29 Assessment District 2004-02 Improvements to Berg & Associates, Inc. SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: April 26, 2007 CONTENTS: Agreement with Berg & Associates Vicinity Map Recommendation: That City Council, by minute motion: 1. 2. Discussion: Award Berg and Associates, Inc. Contract No. C25420C for construction management for the second phase of the Section 29 Assessment District 2004-02 improvements, in the amount of $1,353,376.00, and Authorize the Mayor to execute the same. The City of Palm Desert and the developers/property owners have formed an assessment district to construct the public improvements in the area known as Section 29. The boundaries of the district are roughly Monterey Avenue, Gerald Ford Drive, Portola Avenue, and Avenue 35. The nature and scope of the work requires that a full-time construction manager be hired to oversee the project. A proposal for this task was developed and distributed by staff. Responses were evaluated and Berg & Associates was selected. The improvement project was phased to allow for some components to be constructed prior to the formation of the Assessment District. To accommodate this phasing, Berg & Associates separated its cost proposal. On June 22, 2006, City Council awarded the construction management contract for Phase I of the Section 29 Assessment District 2004-02 to Berg & Associates, Inc. With the formation of the Assessment District now complete, the remainder of the improvements can be constructed. Award Contract No. C25420C for Construction Management to Berg & Assoc. for Section 29 Assessment District 2004-02 Improvements Page 2 of 2 April 26, 2007 Funds are available for the subject contract in the Section 29 Assessment District account. Therefore, staff recommends that the City Council award Berg and Associates, Inc. Contract No. C25420C for construction management for Section 29 Assessment District 2004-02 improvements in the amount of $1,353,376.00, authorize the Mayor to execute the same. Mark Greenviood, P.E. Director of Public Works Homer Croy ACM for Development Services /cls Approval: Paul Gibson Finance Director Carlos L. Ort:•a City Manager CITY COUNCIL/ACTION: APPROVED ✓ DENIED RECEIVED OTHER f r- MEETI G DATE 1-f AYES:£�(CSGI herb", mot(c.i NOES • (5)1 L/ 1 , fCjG , old k l ABSENT:1 ABSTAIN: ,.,► JI, V VERIFIED BY:()K/ /j'l Original on File wi City Clerk's Office G:\PubWorks\Staff Reports\2007\April 26\01 Award C25420C Construction Mgmt AD 29 2004-02 Phase 2 Berg Assoc\Award contract Section 29 construction managementl.doc AGREEMENT CONTRACT NO.C25420C THIS AGREEMENT, made and entered into this 26th day of April , 2007, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Berq & Associates, Inc. hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, CONSULTANT is a corporation, the principal members of which are Professionaf CONSTRUCTION MANAGEMENT CONSULTANTS and WHEREAS, CITY desires to engage CONSULTANT to render certain technical and professional CONSTRUCTION MANAGEMENT services as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) in connection with the Construction Management of Proiect: Section 29 Assessment District 2004-02 Improvements 627-05. 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. G�PubWoncs\StaH Reports�200��Apnl 26\01 Award C25a20C Construcdon Mgmt AD 29 2004-02 Phase 2 Berg ASsocV1GREEMENT CONSTRUCTION MANAGEMENT CONSULTANT tloc CONTRACT NO.C25420C (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 Construction Manager designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Thomas Bera, P.E. RCE. 28449. (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 consultant, to solicit or secure this Agreement, and that he has not paid or agreed to 2 G��PubWorks�StaH RepoAs�2007Wpnl 26�01 AvrarO C25420C ConstrucLon Mpmt AD 29 200a-02 Phase 2 Berg AssocWGREEMENT CONSTRUCTION MANAGEMENT CONSULTANT doc CONTRACT NO.C25420C 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 CONSULTANT'S 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 Construction Management documents prepared by CONSULTANT 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 CONSULTANT. In the event CITY and 3 G.�PubWoncs�StaH Reports�2007b4pnl 2610t A�rara C25420C Construcoon Mgrtx AD 29 2004-02 Phase 2 Berg AssocWGREEMENT CONSTRUCTION MANAGEMENT CONSULTANT dac CONTRACT NO.C25420C CONSULTANT permit the re-use or other use of the plans, specifications, reports or other Construction Management 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 Construction Management 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 training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. 4 G.�PubWorks�StaH Reports�2007Wpnl 2610t Awara C25420C Construc�on Mgmt AD 29 2004-02 Phase 2 Berp AssocWGREEMEN7 CONS7RUCTION MANAGEMEN7 CONSULTANTdoc CONTRACT NO.C25420C (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: $ 1.353.376.00 (Dollars: One Million Three Hundred Fiftv-Three Thousand Three Hundred Seventv-Six and No/00 ONLY1. 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 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: 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 5 G\PuDWorks�.StaH Repons�2007Wpnl 26�07 ANrard C25420C ConstrucUon Mgmt AD 29 2004-02 Phase 2 Berg AssocWGREEMENT CONSTRUCTION MANAGEMENT CONSULTANT doc CONTRACT NO.C25420C 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 contcacting 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 issuance of the Notice to Proceed is, certiflcation 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: s G�PubWorks�SlaH Repor1s�2007WD�� 26�01 Award C25420C Construcuon Mgmt AD 29 200a-02 Pnase 2 Berg AssocWGREEMENT CONSTRUCTION MANAGEMENT CONSULTAN7.doc CONTRACT NO.C25420C (a) (b) This Agreement; 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 Municipal Corporation Richard S. Kelly, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director Of Public Works David J. Erwin, City Attorney Berg & Associates, Inc. Authorized Signature Date: 7 G�PubWorks�StaH Repons�2007Wpni 26�01 Awartl C25a20C Construct�on Mgmt AD 29 200a-02 Phase 2 Berq AssocWGREEMENT CONSTRUC7i0N MANAGEMENT CONSULTANT tloc CONTRACT NO.C25420C EXHIBIT "A" CONSULTANT'S PROPOSAL �� SERVICES G.\PubWorks�StaH Reports�200)V+pnl 26101 Award C25420C Construchon Mgmt AD 29 2004-02 Phase 2 Berq AssocV+GREEMENT CONSTRUCTION MANAGEMENT CONSULTANT.doc Construction Coordinaior & Inspection Services City of Palm Desert Section 29 Assessment District �iul: i June 8, 2006 Mark Greenwood, P.E. Director �f Public Worics City of Palm Desert 73-510 Fred Waring Drive Pafm Deseft, CA 92260-2578 -o c m r �? t�„~C o� �� xn y r a 3 nrn -�i m a� r,-� � � � � � a IT1 � n � rn D rn _ 0 N ("I" Reference: Request for Cosi Proposai Section 29 Assessment District Subject: Construction Coordinator and Inspection Servfces Dear Mr. Greenwood: As requested, enclosed please find our revised cost praposal based upon the anticipated needs of the above referenced project. We understand the terrns of this submittal will need to be reviewed and negotiated to meet the City's approval. We loak forward to being of service to the City. Thank you far tF�is opportunity to serve. Sincerely, qeborah Berg Chiaf Executive Officer Becg & Associates, Inc. Enctosure: ProJect Understanding Berg Cost Proposal for Construdion Coordinator and Inspection Services Rerg Schedule of Rates for 2006 and for 2007 302 W. 5�' Street, Suite 210 San Pedro, CA 90731 310 54&9292 310 548-9195 tax 51-431 Avenida Navarro La Qui�ta, CA 92253 760 389-2330 310 738-9367 760 568-1629 fax berg7 cQver+zon.net Cost Proposa! 1 of 5 Berg & Associates, Inc. City of Palm Desert Constroction Coordinator & lnspection Services Seclion 29 Assessment District Construction Coordinator and Inspection Services Section 29 Assessment District Proiect Understanding as of 06-08-06 Woric sha{f be separated into two basic stages. Pre-construction is that period of review and preparation of bld documents and shail include time for the proposed sale of assessment district bonds necessary for construction to proceed. lnitial construction would commence August 29 , 2006, three (3) months prior to bond approvaf. This initial construction will require survey and testing to commence in Stage I. Stage II represents ti�s adual construction period af 11 months plus a 1 month closeout period during which al! �e�d work is camp{eted by the construction conVaclor and atl project documentation is to be assembied, inventoried and provided to the City by Berg 8 Associates, lnc. Wo�ic required relates to providing conslruction management services for construcdon of storm drain, sewer lines, water lines and roadway al! in axoMance wlih agency standards as represented on preliminary plans provided to 8erg 8 Associates, Inc. It is understood dry utifities such as unde�graund electrical or cable services are not part of this project and that mass grading has been pertormed over the genecal constnaction site. Various aspects of the work remain to be identifed such as the number of proposed contracts associated with the work. For this estlmate, it is assumed one general contracto� sha11 perform all work in a period of construction lasting no longer than 12 months; that necessary pecmits wiN be available for consfruetion, and acceleration of worfc will not be necessary. Berg 8� Assoclates shall provide associated survey and material testing services during ini4al constn.rction and Stage fl construction. Retesting or re-survey of work originally perfonned would be considered an extra item of work not included witn this cost proposal. All quality assuranoe work shail confortn to accepted c'ity standards. Deliverables indude da11y and monthly reports and all test reports. It is understood any unspent budgei identified for Sta�e I rnight be utilized in Stage U work operations ff necessary. Assumations ■ Pre-construction 5 months; Construction and Post-construction, 12 rnonlhs • 8-hour work days • no weekend work or night work ■ no overtime Cost Pr000sal (attached) Cost Proposal 060806 Berg & Associates, lnc_ ,�`�n Constnection Coordinator & Inspectioo Services City of Palm Desert __ r Section 29 Assessmeat District Construction Coordinator and Inspection Services Section 29 Assessment District Cost Praposal of fi-8-06 Estimated Budget at Time and Materlal Charges Sia�e ( June 2006 throu�h November 2�06, 6 months Staff HoarslMoaM Months Tota{ Ho�srs Rste Pre-coastructioa Period RE (Construction Coordinafor) 40 2 80 124.74 tnspector 1 2Q 2 40 86.85 Office Manager 50 2 1D0 42.00 Offce Consumables (no mark-up) 2 200.00 Vehicles and Cell Phones (RE and Inspectors) Initial Construction Period RE (Construction Coordinator) 84 3.1 Inspector 1 178 3.1 Office Manager 176 3.1 Other Services at Time � Materials Survey T�i-State, La Quinta Materiat Testing MACTEC, Cathedral City Subconsuftant Mark-up Aflow 5°.6 �ffice Rental Per month 120 6.50 260 S124.74 546 586.85 546 $42.00 5 5650.0a Stage t Budget Notec Labor billing ratas inGude overhead and fee. Budqet is based upon draft plans without contract specificatiaas. Unused budget in Stage I will be transferabte to Stage II ti necessary for compleUon of Stage 11 work. Bud e�t �9,979 33,474 $4,2Q0 3400 $780 532,432 $47,420 $22,932 $108,o0a $40,000 $7,000 S 3,250 $27�,887 Estimated Badget rev. Q6-08-06 Berg & Associates, inc. Construction Coordinator & fnspection Scrviccs City of Pelm Desert Section 29 Assessroent District Canstruction Coordinator and fnspection Services Section 29 Assessment District Cost Proposal of 6-8-07 Estimated Budget at Time and Maberial Chargea Sta�e II December 20�fi throu�h November 2007 Statf HourslMontlt Manths Total Hours Rate" Bad eg t_ RE (ConstrucUon Coordinator) 88 12 1056 129.74 3137,OOb lnspector 1 176 11 193fi 93.a6 $18�,939 inspecfor 2 176 6 1056 93.46 $98,694 Office Manager 176 12 2112 43.68 $92,252 O�ce Consumabtes (no martc-up) 12 Vehicles and Cell Phones (RE and I�spectors) 4048 Other Services Survey Ailow percentage of construction cost of =25 milifon Tri-State, La Quinta Material Testing Allow percentage of construdion cost ot t25 milGon MACTEC, Cathedral City Subconsultant Mark-up abw 6°� Uffice Rental Provided by Others Sta�e 11 Bud�et Notss l.abor billing rates irtclude ovefiead and ies. Budget is based upon draft plans wlthout conhad speciflcations. 'Stage II to start Dec. 1, 20�6. 200.00 $2,40U 7.00 $28,336 3425,OQ0 $350,000 $38,750 $� ,353,376 Estimated Sudget rev. 06-08-06 Bcrg � Associates, Inc. Construction Coordinator & Inspection Services City of Palm Desert Section 29 Assessment District Rate Schedule 2006 & 2007 Construction Coordinator and Inspection Services Section 29 Assessmertt District Stage I Effective thro�gh November 31� 2006 Base Rate Ovarfiead Fee i15% 10% Project Maneger, PE 552.75 x 2.15 x �{.1 Construction Coordinator Civil Inspector 1 $38.00 x 2.15 x 1.1 Inspector Overtime 557.00 1.05 x 1.1 Officer Manager $17.76 x 2.15 x 1.1 Vehicles/Cell Phones $6.50 per hour (exctuding oveRirne) Silling Rate $124.75 $89.87 565.84 $42.00 Stage 1! ENective December 1, 2006 through November 31, 2007 Base Rate Overhead Fee SiU'sng Raie 115% 10% Project Manager, P� 354.86 x 2. i5 x 1.1 �129.74 ConsWction Coordinator Civil lnspector 1 $39.62 z 2.15 x 1.1 $93.46 Inspector Ove►time $59.28 1.05 x 1.1 568.4T Officer Manager 518.47 x 2.15 x '!.1 $43.68 Vehicles/Cell Phones 57.04 per hour (excluding overtime) Overt3me, If required, shall be charged tor inspectars only for any time beyond an 8 hourlday, or 40 hours in a week, and for work ort Sundays. Yhere wifl be no premium for night work when this occurs as a part ot a predetermined 8 hr/day schedule. Rate Schedule rev. Ob-O8-06 Serg & Associates, ina VICINITY MAP ASSESSMENT DISTRICT 29 Project 627-05