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HomeMy WebLinkAboutR22730 - Mainiero Smith & Assoc (MSA) - Sr Housing Portion of the 40-Acre Site PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF CONTRACT NO. R-22730 WITH MAINIERO SMITH & ASSOCIATES, INC. FOR FINAL DESIGN CIVIL ENGINEERING SERVICES FOR THE SINGLE-FAMILY AND SENIOR HOUSING PORTION OF THE 40-ACRE SITE SUBMITTED BY: EZELL JAMES, HOUSING PROGRAMS COORDINATOR CONTRACTOR: MAINIERO SMITH &ASSOCIATES, INC. 777 E. TAHQUITZ CANYON WAY, #301 PALM SPRINGS CA 92262-6798 DATE: MAY 13, 2004 CONTENTS: CONTRACT NO. R- 22730 Recommendation: By Minute Motion, that the Agency Board: 1. Approve Contract No. R- 22730 between the Agency and Mainiero Smith & Associates, Inc., in an amount not-to-exceed $273,995, plus $12,595 for reimbursables for final design civil engineering services for the single-family and senior housing portion of the 40-acre site; 2. Authorize the Finance Director to set aside the amount of $27,399 as 10% contingency (use of contingency requires additional action); 3. Authorize appropriation of $313,989 to Account No. 870-4698-466-4001 (balance of 40-acre site); and 4. Authorize Chairman to execute said contract. Executive Summary: Approval of this agreement will allow staff to proceed in a timely manner with final design civil engineering services for the single-family and senior housing portion of the 40-acre site. Denial of staff's recommendation would require another engineering firm unfamiliar with the site be retained to complete the final phase of the 40-acre site. Discussion: On June 14, 2001, the Agency approved a Disposition and Development Agreement (DDA) with Palm Desert Development for the construction of a 162-unit multi-family rental project on approximately 12.43 acres of the 40-acre site located between Merle and 42nd Avenue, west of the City's Corporation Yard. Mainiero Smith has completed Phase I of the 40-acre site. G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\stfrpts\051304msacontract.doc CONTRACT NO. 22730 AGREEMENT THIS AGREEMENT, made and entered into this 13t" day of May, 2004, by and between the PALM DESERT REDEVELOPMENT AGENCY hereinafter referred to as "REDEVELOPMENT AGENCY" and MAINIERO, SMITH AND ASSOCIATES, INC., 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, REDEVELOPMENT AGENCY desires to engage ENGINEER to render certain technical and professional engineering services as set forth in Exhibit "A" (Engineer's Proposal of Services) in connection with the final civil engineering, design, construction administration and construction staking services for the single-family and senior housing portion of the Forty-Acre Site. NOW, THEREFORE, the parties hereto agree as follows: (1) REDEVELOPMENT AGENCY hereby agrees to engage ENGINEER to perform the technical and/or professional services as hereinafter set forth. (2) ENGINEER shall perform all work necessary within the schedule provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. (3) All information, data, reports and records and maps as are existing and available from the REDEVELOPMENT AGENCY and necessary for the carrying out of the work outlined in Exhibit "A" hereof shall be furnished to ENGINEER 1 CONTRACT NO. 22730 without charge by REDEVELOPMENT AGENCY and REDEVELOPMENT AGENCY 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. REDEVELOPMENT AGENCY's Project Administrator has not authorized ENGINEER to proceed. (7) The ENGINEER shall work closely with the REDEVELOPMENT AGENCY's Project Administrator, who shall be the principal officer of the REDEVELOPMENT AGENCY. The ENGINEER shall review and receive the Executive Director approval of the details of work as it progresses. The Registered Engineer hereby designated by the ENGINEER as its representative for supervision of the work required by this Agreement is Robert S. Smith. (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, 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 G:1RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd 2 CONTRACT NO. 22730 violation of this warranty, REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY, 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 time-cards 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 REDEVELOPMENT AGENCY. REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY and ENGINEER permit the re-use or other use of the plans, specifications, reports or other design documents, REDEVELOPMENT AGENCY shall require the party using them to indemnify and hold harmless G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd 3 CONTRACT NO. 22730 REDEVELOPMENT AGENCY and ENGINEER regarding such re-use or other use, and REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY agrees to pay the ENGINEER for the work required by this Agreement on the following basis: G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd 4 CONTRACT NO. 22730 ENGINEER shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: Two Hundred Seventy- three Thousand Nine Hundred Ninety-five and No/100 Dollars ($273,995.00) plus $12,595.00 for reimbursables. REDEVELOPMENT AGENCY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. REDEVELOPMENT AGENCY agrees to notify ENGINEER of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The ENGINEER agrees to complete and submit the Final Design civil engineering services for the single-family and senior housing portion of the project 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 REDEVELOPMENT AGENCY. (18) The ENGINEER shall be an independent contractor, not an employee of the REDEVELOPMENT AGENCY. (19) Prohibited interests are as follows: No officer, member or employee of the REDEVELOPMENT AGENCY during his tenure or one year thereafter shall have any interest, direct or indirect, in this G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd 5 CONTRACT NO. 22730 Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the Redevelopment Agency Board, officer or employee of the REDEVELOPMENT AGENCY has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the REDEVELOPMENT AGENCY, 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 REDEVELOPMENT AGENCY, 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 REDEVELOPMENT AGENCY, prior to the Notice to Proceed is issued, certification of adequate coverage for "errors and omission" insurance in amounts approved by the REDEVELOPMENT AGENCY Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the REDEVELOPMENT AGENCY. G:\RDA\Maria Hunt1WPDATA\HOUSING\ejames\MSAagm.wpd 6 CONTRACT NO.22730 (21) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (Engineer's Proposal of Services, and any written modifications thereto); (c) Exhibit "B" (Engineer's Fee Proposal, and any written modifications thereto). IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. PALM DESERT REDEVELOPMENT MAINIERO, SMITH AND AGENCY ASSOCIATES, INC. Robert A. Spiegel, Chairman Robert S. Smith, P.E. ATTEST: Rachelle D. Klassen, Secretary APPROVED AS TO FORM: Dave Erwin, City Attorney G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd 7 CONTRACT NO. 22730 EXHIBIT "A" ENGINEER'S PROPOSAL OF SERVICES G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd • ' ( 1 1 MainPalm Desert imith and Associates, Inc. February 27, 2004 • Redevelopment Agency=Hovley Gardens Page One - X>I)1EIT "A" SCOPEOF SERVICES Consultant agrees to perform the following Scope of Services for Final Design Civil Engineering services for the single-family and senior housing portion of the project: Final Design Civil EnRineerinM Phase Single Family Home Section-109 Lots • Predesign Survey 1. Set control for aerial photogrammetncs and map the project site with topographic contours at 1 ft intervals and a scale of 1"=40'. 2. Prepare a base plan showing boundary, current topographic mapping and known existing utilities, suitable,for design purposes. Basic Final Design Services _. 1. Prepare street improvement plans for the remaining in tract streets and process them, - through the City of Palm Desert Engineering Department., 2. Prepare in-tract sewer improvement plans and process them through the Coachella Valley Water District (CVWD). 3 ' Prepare in tract water im rovement plans and process them through CVWD. P p 4. Prepare rough grading plans for:the site, including pad final elevations for each individual lot. ,. ;, r,: 5. Prepare final hydrology report and process through the City. • 6. Prepare a PM-to plan and Storinwater Pollution'Prevention Plan (SWPPP) and process• them through the City 7. Prepare Final Tract Map and closure calcs for all 111 lots plus common area lots and process through the City. 8 Attend project team meetings as required Optional Final Design Services 1. Using �a unit mix and footprintsprovidedthe Agency fi , P by g y or their architects, plot the proposed d building ori is Onto the individual lots ro o 2 Prepareprecisegrading p the individual buildings and process through the City; • fee based upon no fewer than 8 homes per submittal . Client Consultant ' ' R\Docu lentsN5131CorihacfslSFFinal Design and Const dot ' ;1 1Vlainiero, Smith and Associates,,Inc February 27, 2004 Palm Desert Redevelopment Agency Hovley Gardens Page One Work Efficiency - There is a 4-hour 'minimum charge for field crew time. If the site is not ready for the requested staking and there is'no prior cancellation,a 2-hour field crew charge will be`billed. A Move-in fee will be billed when theA assumed move-ins per staking task are exceeded This includes travel, equipment setup, field checks, and equipment breakdown when completed;billed for actual time spent: It is requested that Field Crew staking requests are filled out and faxed to the office a minimum, Of 2 working'days prior to'the time the c ew is needed.There=should be sufficient time allowed . .. ;, for the item'to be staked prior to scheduling the contractor to begin construction If unsure of the time required for layout, please contact our office to discuss In order to work as' efficiently as possible, yet keep up with al demanding schedule,;any prior, notice of approximate dates a crew will be needed will,be appreciated and will allow time to prepare staking plans to help keep the crew's time on the site as efficient as possible. If multiple trips are required to fill in gaps caused by overlapping of trades, the time Will be billed;as a re stake, above and beyond the base contract, under the re-staking contingency fee' . - . • - 1 b. Client Consultant - - - - - - r c L 31ContrectstSF Final Design and Constdoc R1boCunienls1151 _ • .Z _ , 77,7, Mainiero, Smith and Associates, Inc. - • February 27, 2004 - Palm Desert Redevelopment Agency—Hovley Gardens , ,' Page One Exclusions • ,.. -. • Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee, are presently specifically excluded from the Agreement:' ; = . Dry utility design. 2. Offsite improvement desi&n. 3 Lighting, landscaping or wall design. 4. Traffic engineering, signing or striping. 5. Special studies other than those listed in the scope. , - , 6. Construction restaxing.: , - 7. Wall, buildings, temporary structures or power, sidewalks staking 9. Potholing 10. Redesign. 11. Phasing of construction. ' , • - • ; • Client ItesOonsibilities 1. Client shall provide access to the site. . . • . 2. Client will require any construction contractors to indemnify Consultant from any and all losses, damages, claims, expenses, including attorneys fees, and costs arising out of the Contractor's work, except only losses, damages, claims, expenses including attorneys fees and costs which are caused by the--Sole negligence or willful misconduct of Consultant in Performing its services under this 'agreement. Client will require that the construction contractors add Consultant as an additional insured e comprehensive general liability, auto liability, worker's compensation and builder risk insurance coverages required by Client: 3. Client handle bid advertising and distribution( of bid documents for bidding. 4 Client will provide digital copy of specifications, general and special Conditions and bid proposal forms. 5. Site inspection and construction observation services.. = , - , , ,• ,•i `-' Client Consultant a • Mainiero, Smith and Associates, Inc February 27, 2b04 Palm Desert Redevelopment Agency—I-Iovley Gardens Page Two Senior Housing Section 26 Units Basic Final Design Services 1. Using a'building `footprint'and site'plan provided by, the Agency or their architects, plot the proposed units,on the site. 2 'Prepare a precise grading plan for theproject and process it through the City. 3. Prepare on-site sewer improvement plans (private) and process through the City. 4 Prepare on site water improvement plans and process through CVWD and the fire Marshal. ; 5, Attend project team meetings as required Dry Utility Consulting/Management (Both Housing Section) 1. Create a Conceptual Master Utility plan, including meeting with required subconsultants., 2. Submit applications to appropriate dry utility agencies for design and trench plans.. 3. Assist;with getting required engineered plans to the appropriate ut�lity agency for use in their'design. t 4 Perform a Horizontal Conflict study. ' • , 5. Secure Cost Estimates for each dry utility. 6. Provide coordination of agency construction depaitiiients and perform periodic site visits `to observe installation of dry utilities. ` r , Bid Period and Construction Phase for Site Word Bid Processing 1 Serving as the Agency's agent during the bid processing`phase,prepare bid documen for competitivets .... _. . _ `� bidding purposes. 2. Prepare an engineer's estimate of project costs 3. Respond to inquiries from prospective c tive bidders during the bidding period 4. Organize and attend one p ;prepare addenda as required 5. Review bids and prepare sunmary of bid results with recommendations for'Agency consideration f 3. Construction Administration 1. Assist with agency permit applications 2. Assist with coordination of soils and materials testing and field surveyors • 3' Schedule and attend one preconstruction conference 4. Review contractor's comprehensive construction work schedule • Coordinate weekly construction meetings Client Consultant . . _ - a R.1D`ocuirants115i3(ConlrectsASF Finaf Design and Conet doc • 1Vlamiero, Smith and Associates, Inc. February 27, 2004 Palm Desert Redevelopment Agency`-Howley Gardens P`age One 6. Review and comment/recommend for approval monthly pay requests prior to final review and approval by Agency staff 7: Review and comment/recommend" for approval change order requests prior "to final 'review and approval by Agency staff. ' 8. Determine contractor compliance to project plan_ s and specifications and provide written notice.of non-compliance, 9.' Preparo a construction deficiencies list(punch list) of items requiring remedial work 10.Prepare letter recommending final acceptance of project'by the Agency 11.Review and comment onf record drawings reflecting as built information:furnished by the contractor and agencies. Note.Fee for CA is based upon a construction phase not exceeding 120 days for site work. It does not include project services during vertical (home) construction. Construction Staking f { 2 Stake on site sewer main'at 2 grade d provide pad certification. cation . ,. • 1 � Set f�eld control• stake rough stake laterals 3. Stake on site curb 4. Mark water on curb (services and fire hydrants). 5. Provide one set of stakes for storm drain pipe at 25-foot intervals with grades to flow line. 6. Set final tract monuments including tags in curb, rear tags in walls, centerline monuments with tie outs; provide ties to the City of Palm Desert `7. Provide office support for staking operations. ( A 1 _ _t • Client Consultant U ; - -; Con F Final Design andConsf.doc R 1Documenlsl76 1 taots\5 Februar 27, 2004 Mamiero, Smith and Associates, Inc � Y Palm Desert Redevelopment Agency Hovley Gardens Page Two 'The ro osed fee would include p p � all labor, materials and, incidental, ;expenses suchas vehzcle Mileage, postage, toll calls, CADD `computer' time and survey materials. Not included are reproduction costs, title company charges, special;'maifing charges, application,, and filing or permit fees: Noncontract services, if requested,`would be charged hourly and include meetings, special data'transfers or construction,support services Work will commence upon receipt of a signed copy of this Contract Agreement and a deposit in the amount of`N/A, which will serve to acknowledge approval of the terms contained herein Progress billings will be forwarded to the Client on;;a monthly basis. se billings willinclude the fees earned for the billing period plus all direct costs advanced by CTheonsultant. inc u The'fees proposed herein shall apply unti11V1arch 31, 2004. f.. c 4 } r ... 1. ,e }, v r + i `F Client Consultant. ' 1 J y v. R 1DocumentsY151YContracts\SF Pinal Desgn and Constdoc CONTRACT NO. EXHIBIT "B" ENGINEER'S FEE PROPOSAL G:\RDA\Maria Hunt\WPDATA\HOUSING\ejames\MSAagm.wpd f - } H ".Y r . � l • • Mainiero, Smith and Associates, Inc. February 27, 2004 Palm Desert redevelopment Agency IIovley Gardens Page One EXHIBIT. B COIVIPENSATION Client agrees to compensate Consultant for such services as follows Consultant shall complete the work outlined_ above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion. - TASK DESCRIPTION�, FEE Final Design Civil Eniineerin'Phase Single,Family Home Section—109 Lots Predesign Survey - ..� d Final DesiControl/Aerial Photo/Boundary/Topo/Utilities/Base Plan Bar $5,800 "1 All Services r; B 0 0 8 Project Team Meetings Dourly udget $2 000) - $89,200 (includes Hourly) Subtotal—.Basic,Final Design Services .:. Optional Final DesignServices 1 and 2 Individual Plot Plans/Precise Grading Plans $32,700 ($300/lot) Subtotal Si ngle Famity'Home Section 109 Lots $127,700 Reimbursable Expenses @ 5%Budget ..,... ... $6;385 Total-Single Family Home Section:- 109 Lots . $134,085 Senior Housing Section —26 Units Basic Final Design Services 1 - 4 All Services $18,200 ($700/unit) 5 Subjtotal Team Sen orHousin Section 26 Units0,200(nBcludes ) Meetingsg ,g $20,200 a Hourly) Reimbursable Expenses'@5%Budget $1,010 Total. -_ - —Senior Housing Section=26 Units.. $2 1,210 j-. r r y . Dry Utility Consulting/Management (Both Housing Sections 1 6 All Services .... $9,500 — Bide ' eriod and,Construction Phase for Site Work'; Bid Proces sing � 1 — 5 All Services $3,500 _nstruction Administration 1 c 11 28,900 Construction Staking 1 —7 AllServices $71,600 ($651/lot) Subtotal Bid Period/Construction Phase . 104,D00 r Reimbursable Expenses @ 5%Budget $5,200 ,Total Bid Period/Constriction Phase • '$109,200 $2 73;995 GRAND TOTAL—ALL PHASES .,. Client Consultant , a ram. ... - t• ... RVDocuments115131ContrectaASF Final De®gn and Constt doc .. MAINIERO, SMITH AND ASSOCIATES, INC. CURRENT HOURLY BILLING iA`DES April 1,2003 CLASSIFICATION HOURLY RATES Principal Engineer $185.00 Senior Project Manager 145.00" t Director Planning 145 00 Drector`of Design 145 00 " _ ,R. Director of Surveying/Mapping `} 145 00' Senior Project Engineer • 125'00 Planning ProjectManager � 125 0 Surveying Project Manager 125 00 Senior Surve in Te y g chnican ��'� r , � � � 12000 Survey 105.00 Project Engineer • 105 00 Senior Designer f'' 105 00 Field Inspector 95 00 CADD Designer II "" 95 00 ' CADD Designer I 00.0 Assistant Project Engineer 95 00 Planner 95 00 Assi•stant Project Manager 90 00 CADDY Draftsrr an ll l< 90 00 • CADD Draftsman II 85 00 Planning Technician • $5 00 Senior;Utility Technician 85 00 CADD Draftsman I - f ` 75.00 CADD Technician II • " 65 00 CADD Technician I 55 00 = One-Man Survey Crew (Field) 1A20 00 i f, h. • Two-Man-Survey Crew 175 00 � Man Survey Crew ,� � Three- 225 00 " , ��, Two-Man GP'S Crew 230.00 Three Man GPS Crew 275 00 Protect Administrator- _ 65 00 Administrative Assistant 55.00, Office Aide/Clerical 50 00 expenses-such, as vehicle mileage, .The above rates"include all,labor, materials and incidenta6 expenses su g postage, toll calls "and survey materials. Not included are reproduction" costs, title coin an company charges special mailing charges application filing or permit fees survey monuments, or services by outside subconsultants. Any such charges`prepaid'by Engineer shaft be invoiced to Own r at 9:2 times actual cost. , Initial" Initial