HomeMy WebLinkAboutR21610-A - Pacific Advanced Civil Engineering - DW Golf Resort ImprvmntsPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
21610A
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. R- TO PACIFIC
ADVANCED CIVIL ENGINEERING, INC. (P.A.C.E.) FOR
PROFESSIONAL SERVICES FOR LAKE IMPROVEMENTS AT
THE DESERT WILLOW GOLF RESORT
SUBMITTED BY: DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT
CONTRACTOR: PACIFIC ADVANCED CIVIL ENGINEERING, INC.
17520 NEWHOPE STREET, SUITE 200
FOUNTAIN VALLEY, CA 92708
DATE: MAY 27, 2004
CONTENTS: CONTRACT NO. R- 21610A
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize award of professional services Contract No. R-21610A to Pacific
Advanced Civil Engineering, Inc. (P.A.C.E.) for professional services in an
amount not -to -exceed $10,400, plus reimbursable expenses not —to -
exceed $1,500 for the lake improvements at the Desert Willow Golf
Resort;
2. Authorize the Finance Director to set aside the amount of $1,040 as 10%
contingency (use of contingency requires additional action); and
3. Authorize Executive Director to execute the contract. Funds are available
in Account No. 851-4663-454-4001.
Executive Summarv:
By approving the staff recommendation, the Agency Board will authorize the
professional services needed to manage the lake rehabilitation project. Rejection
of this recommendation would reduce engineering oversight and increase the
possibility to lengthen the project timeline, which would disrupt seasonal play at
the Desert Willow Golf Resort.
Discussion:
P.A.C.E. has provided consulting services for the review, evaluation and determination
of repair and maintenance, design, and construction drawings for Lakes 17, 14, 18 and
6 of the Firecliff Course at the Desert Willow Golf Course. Due to the magnitude and
time frame of the project, Staff recommends P.A.C.E provide professional consulting
services throughout the one hundred day construction period to assist and ensure
quality of work, materials, and comprehensive technical consultation for construction of
the pump system.
P.A.C.E was one of the original lake designers for Desert Willow, their familiarity with
the course will allow them to work with any existing problems and direct the contractor
ensuring the quality and timely completion of the work. P.A.C.E staff will conduct
Weekly trips to the jobsite, assist in contractor negotiations, and work with a team
comprised of City, Agency and Desert Willow Staff to complete the lake rehabilitation.
Submitted by: Approval:
' i
Dave' ' oyen uIn McCarthyDire r of Redevelopment ACRedevelopme
mh
Approval:
Paul Gibson Carlos L. Ortege
Director of Finance Executive Director
GARDA\Cathy Walker\Ward Data\STAFF REPORTS\Staf pace profeesional services contract.doc
Contract No. R- 2161oa
AGREEMENT
THIS AGREEMENT, made and entered into this 271h day of May, 2004, by and
between THE PALM DESERT REDEVELOPMENT AGENCY, hereinafter referred to as
"REDEVELOPMENT AGENCY," and PACIFIC ADVANCED CIVIL ENGINEERING
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 lake rehabilitation at the Desert
Willow Golf Resort.
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 schedules
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
carryings out of the work outlined in Exhibit "A" hereof shall be furnished to ENGINEER
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.
Contract No. R- 2 1 h 1 oA
(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's 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 Sonny O. Sim.
(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 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
Contract No. R-21 b 1 oa
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
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
Contract No. R- 2 1 6 l oA
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:
ENGINEER shall submit invoices monthly for services performed in the
previous month not to exceed the total contract amount of: Ten Thousand Four
Hundred and No/100 Dollars ($10.400.00), plus reimbursable expenses not to
exceed $1,500.00. 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
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
Contract No. R-21610A
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
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,
Contract No. R- 21610A
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.
(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);
IN WITNESS WHEREOF, said parties have executed this Agreement the date first
hereinabove written.
PALM DESERT REDEVELOPMENT
AGENCY
ROBERT A. SPIEGEL, CHAIRMAN
ATTEST:
RACHELLE KLASSEN, SECRETARY
►- - -• LT 00INFOUu
DAVE ERWIN, CITY ATTORNEY
PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
EXHIBIT "A"
ENGINEER'S PROPOSAL
OF
SERVICES
MAY.1812004 11:10 7144817299 PACE #3541 P.002/003
Q
PACIFIC ADVAIVCEO CIVIL ENIZINEERINIM, INC.
1752O Ncwhopc Street, Suite 200 ■ Fountain Valley, Callfornia 92703 • 71 4.481,7300 a fax: 714.481,7299
PROPOSAL FOR ADDITIONAL SERVICES
TO: Catherine Walker
Palm Desert Redevelopment Agency
73510 Fred Waring D&e _
Palm Desert, CA 92260
(760) 34"611
(760)341-6372 Fax
ATTN:
Catherine Walker
DATE:
May 14., 2004 (Revised)
Mav 18j 2004
PROJECT:
Desert Willow
CONTRACT #:
C.O. AUTHORIZATION #: 1
1Descriotion of Services: Fees:
Task 00 — Relmbursables/Exj ses fAllowancel $ 11500
(To include all blueprinting, shipping, travel, reproduction, and other miscellaneous direct project
expenses. Reimbursables are invoiced separately at cost plus 10°/v.) Increase to original
authorization of $0
Task 40 — Old Services and Services During Constr_action $10,400
A. Consultant shall provide clarification, revisions and addenda, as needed to the water feature construction documents
to respond to bidders requests and to assist issuance and negotiation of final pricing and contractor selection.
B. Consultant shall review shop -drawing submittals from contractors of products and materials for conformance to
construction documents.
C. ,Attend pre -construction meeting.
D. Provide the following support services during construction:
1. Construction Administration:
a. Provide clarification of construction documents as requested and assist issuance and negotiation of
pricing for change orders.
2. Conduct weekly site visids (14 trips included), assuming a 100 day construction schedule and final on -site
review of construction, and provkde a completion punch list report.
3. Review for completeness the contractors' final As -Built drawings.
F00 Subtotal: $11,900
MAy.1812004 11:10 7144817299 PACE #3541 P.003/003
Catherine Walker May 18, 2004
Desert Willow P.acte 2 of 2
Amount of Compensation:
Previously Authorized: $15,500
This Roquost —Additional Services : $ 11.900
Now Contract Amomnt: $ 27,400
<f <E�) _< 1,
Estimated By:
,,Sonny O. Sim, P�ACE Date
AGREED TO AND ACCEPTED BY:
By Data
Catherine Welker
Palm Desert Redevelopment Agency